```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 22 Introduced in Senate (IS)]

108th CONGRESS
  1st Session
                                 S. 22

          To enhance domestic security and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2003

   Mr. Daschle (for himself, Mr. Leahy, Mr. Biden, Mr. Kennedy, Mr. 
    Schumer, Mr. Durbin, Mrs. Clinton, Mrs. Murray, Mr. Dayton, Mr. 
 Corzine, and Mr. Reed) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
          To enhance domestic security and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    (a) Short Title.--This Act may be cited as the ``Justice 
Enhancement and Domestic Security Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

      TITLE I--COMBATING TERRORISM AND ENHANCING DOMESTIC SECURITY

                Subtitle A--Supporting First Responders

Sec. 1101. Short title.
Sec. 1102. Purpose.
Sec. 1103. First Responders Partnership Grant Program for public safety 
                            officers.
Sec. 1104. Applications.
Sec. 1105. Definitions.
Sec. 1106. Authorization of appropriations.
                      Subtitle B--Border Security

Sec. 1201. Short title.
Sec. 1202. Authorization of appropriations for hiring additional INS 
                            personnel.
Sec. 1203. Authorization of appropriations for improvements in 
                            technology for improving border security.
Sec. 1204. Report on border security improvements.
              Subtitle C--Military Tribunals Authorization

Sec. 1301. Short title.
Sec. 1302. Findings.
Sec. 1303. Establishment of extraordinary tribunals.
Sec. 1304. Procedural requirements.
Sec. 1305. Detention.
Sec. 1306. Sense of Congress.
Sec. 1307. Definitions.
Sec. 1308. Termination of authority.
          Subtitle D--Anti Terrorist Hoaxes and False Reports

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Hoaxes, false reports and reimbursement.
          Subtitle E--Amendments to Federal Antiterrorism Laws

Sec. 1501. Attacks against mass transit clarification of definition.
Sec. 1502. Release or detention of a material witness.
Sec. 1503. Clarification of sunset provision in USA Patriot Act.
          TITLE II--PROTECTING AMERICA'S CHILDREN AND SENIORS

                     Subtitle A--Children's Safety

                  Part 1--National AMBER Alert Network

Sec. 2111. Short title.
Sec. 2112. National coordination of AMBER Alert Communications Network.
Sec. 2113. Minimum standards for issuance and dissemination of alerts 
                            through AMBER Alert Communications Network.
Sec. 2114. Grant program for notification and communications systems 
                            along highways for recovery of abducted 
                            children.
Sec. 2115. Grant program for support of AMBER Alert communications 
                            plans.
 Part 2--Prosecutional Remedies and Tools Against the Exploitation of 
                             Children Today

Sec. 2121. Short title.
Sec. 2122. Findings.
Sec. 2123. Certain activities relating to material constituting or 
                            containing child pornography.
Sec. 2124. Admissibility of evidence.
Sec. 2125. Definitions.
Sec. 2126. Recordkeeping requirements.
Sec. 2127. Extraterritorial production of child pornography for 
                            distribution in the United States.
Sec. 2128. Civil remedies.
Sec. 2129. Enhanced penalties for recidivists.
Sec. 2130. Sentencing enhancements for interstate travel to engage in 
                            sexual act with a juvenile.
Sec. 2131. Miscellaneous provisions.
    Part 3--Reauthorization of the National Center for Missing and 
                           Exploited Children

Sec. 2141. Short title.
Sec. 2142. Annual grant to the National Center for Missing and 
                            Exploited Children.
Sec. 2143. Authorization of appropriations.
Sec. 2144. Forensic and investigative support of missing and exploited 
                            children.
Sec. 2145. Creation of a Cyber-Tipline.
Sec. 2146. Service provider reporting of child pornography and related 
                            information.
Sec. 2147. Contents disclosure of stored communications.
     Part 4--National Child Protection and Volunteers for Children 
                              Improvement

Sec. 2151. Short title.
Sec. 2152. Definitions.
Sec. 2153. Strengthening and enforcing the National Child Protection 
                            Act and the Volunteers for Children Act.
Sec. 2154. Dissemination of information.
Sec. 2155. Fees.
Sec. 2156. Strengthening State fingerprint technology.
Sec. 2157. Privacy protections.
Sec. 2158. Authorization of appropriations.
         Part 5--Children's Confinement Conditions Improvement

Sec. 2161. Findings.
Sec. 2162. Purpose.
Sec. 2163. Definition.
Sec. 2164. Juvenile Safe Incarceration Grant Program.
Sec. 2165. Rural State funding.
Sec. 2166. GAO study.
Sec. 2167. Family Unity Demonstration Project.
                      Subtitle B--Senior's Safety

Sec. 2201. Short title.
Sec. 2202. Findings and purposes.
Sec. 2203. Definitions.
                Part 1--Combating Crimes Against Seniors

Sec. 2211. Enhanced sentencing penalties based on age of victim.
Sec. 2212. Study and report on health care fraud sentences.
Sec. 2213. Increased penalties for fraud resulting in serious injury or 
                            death.
Sec. 2214. Safeguarding pension plans from fraud and theft.
Sec. 2215. Additional civil penalties for defrauding pension plans.
Sec. 2216. Punishing bribery and graft in connection with employee 
                            benefit plans.
                 Part 2--Preventing Telemarketing Fraud

Sec. 2221. Centralized complaint and consumer education service for 
                            victims of telemarketing fraud.
Sec. 2222. Blocking of telemarketing scams.
                  Part 3--Preventing Health Care Fraud

Sec. 2231. Injunctive authority relating to false claims and illegal 
                            kickback schemes involving Federal health 
                            care programs.
Sec. 2232. Authorized investigative demand procedures.
Sec. 2233. Extending antifraud safeguards to the Federal Employee 
                            Health Benefits program.
Sec. 2234. Grand jury disclosure.
Sec. 2235. Increasing the effectiveness of civil investigative demands 
                            in false claims investigations.
             Part 4--Protecting Residents of Nursing Homes

Sec. 2241. Nursing home resident protection.
         Part 5--Protecting the Rights of Elderly Crime Victims

Sec. 2251. Use of forfeited funds to pay restitution to crime victims 
                            and regulatory agencies.
Sec. 2252. Victim restitution.
Sec. 2253. Bankruptcy proceedings not used to shield illegal gains from 
                            false claims.
Sec. 2254. Forfeiture for retirement offenses.
TITLE III--DETERRING IDENTITY THEFT AND ASSISTING VICTIMS OF CRIME AND 
                           DOMESTIC VIOLENCE

                  Subtitle A--Deterring Identity Theft

               Part 1--Identity Theft Victims Assistance

Sec. 3111. Short title.
Sec. 3112. Findings.
Sec. 3113. Treatment of identity theft mitigation.
Sec. 3114. Amendments to the Fair Credit Reporting Act.
Sec. 3115. Coordinating committee study of coordination among Federal, 
                            State, and local authorities in enforcing 
                            identity theft laws.
                   Part 2--Identity Theft Prevention

Sec. 3121. Short title.
Sec. 3122. Findings.
Sec. 3123. Identity theft prevention.
Sec. 3124. Truncation of credit card account numbers.
Sec. 3125. Free annual credit report.
            Part 3--Social Security Number Misuse Prevention

Sec. 3131. Short title.
Sec. 3132. Findings.
Sec. 3133. Prohibition of the display, sale, or purchase of social 
                            security numbers.
Sec. 3134. Application of prohibition of the display, sale, or purchase 
                            of social security numbers to public 
                            records.
Sec. 3135. Rulemaking authority of the Attorney General.
Sec. 3136. Treatment of social security numbers on government 
                            documents.
Sec. 3137. Limits on personal disclosure of a social security number 
                            for consumer transactions.
Sec. 3138. Extension of civil monetary penalties for misuse of a social 
                            security number.
Sec. 3139. Criminal penalties for misuse of a social security number.
Sec. 3140. Civil actions and civil penalties.
Sec. 3141. Federal injunctive authority.
                  Subtitle B--Crime Victim Assistance

Sec. 3201. Short title.
              Part 1--Victim Rights in the Federal System

Sec. 3211. Right to consult concerning detention.
Sec. 3212. Right to a speedy trial.
Sec. 3213. Right to consult concerning plea.
Sec. 3214. Enhanced participatory rights at trial.
Sec. 3215. Enhanced participatory rights at sentencing.
Sec. 3216. Right to notice concerning sentence adjustment.
Sec. 3217. Right to notice concerning discharge from psychiatric 
                            facility.
Sec. 3218. Right to notice concerning executive clemency.
Sec. 3219. Procedures to promote compliance.
                 Part 2--Victim Assistance Initiatives

Sec. 3221. Pilot programs to enforce compliance with State crime 
                            victim's rights laws.
Sec. 3222. Increased resources to develop state-of-the-art systems for 
                            notifying crime victims of important dates 
                            and developments.
Sec. 3223. Restorative justice grants.
               Part 3--Amendments to Victims of Crime Act

Sec. 3231. Formula for distributions from the Crime Victims Fund.
Sec. 3232. Clarification regarding antiterrorism emergency reserve.
Sec. 3233. Prohibition on diverting crime victims fund to offset 
                            increased spending.
          Subtitle C--Violence Against Women Act Enhancements

Sec. 3301. Transitional housing assistance grants.
Sec. 3302. Shelter services for battered women and children.
 TITLE IV--SUPPORTING LAW ENFORCEMENT AND THE EFFECTIVE ADMINISTRATION 
                               OF JUSTICE

     Subtitle A--Support for Public Safety Officers and Prosecutors

 Part 1--Providing Reliable Officers, Technology, Education, Community 
             Prosecutors, and Training in Our Neighborhoods

Sec. 4101. Short title.
Sec. 4102. Authorizations.
               Part 2--Hometown Heroes Survivors Benefits

Sec. 4111. Short title.
Sec. 4112. Fatal heart attack or stroke on duty presumed to be death in 
                            line of duty for purposes of public safety 
                            officer survivor benefits.
         Part 3--Federal Prosecutors Retirement Benefit Equity

Sec. 4121. Short title.
Sec. 4122. Inclusion of Federal prosecutors in the definition of a law 
                            enforcement officer.
Sec. 4123. Provisions relating to incumbents.
Sec. 4124. Department of Justice administrative actions.
   Subtitle B--Rural Law Enforcement Improvement and Training Grants

Sec. 4201. Rural Law Enforcement Retention Grant Program.
Sec. 4202. Rural Law Enforcement Technology Grant Program.
Sec. 4203. Rural 9-1-1 service.
Sec. 4204. Small town and rural law enforcement training program.
                         Subtitle C--FBI Reform

Sec. 4301. Short title.
                    Part 1--Whistleblower Protection

Sec. 4311. Increasing protections for FBI whistleblowers.
                  Part 2--Fbi Security Career Program

Sec. 4321. Security management policies.
Sec. 4322. Director of the Federal Bureau of Investigation.
Sec. 4323. Director of Security.
Sec. 4324. Security career program boards.
Sec. 4325. Designation of security positions.
Sec. 4326. Career development.
Sec. 4327. General education, training, and experience requirements.
Sec. 4328. Education and training programs.
Sec. 4329. Office of Personnel Management approval.
           Part 3--FBI Counterintelligence Polygraph Program

Sec. 4331. Definitions.
Sec. 4332. Establishment of program.
Sec. 4333. Regulations.
Sec. 4334. Report on further enhancement of FBI personnel security 
                            program.
                            Part 4--Reports

Sec. 4341. Report on legal authority for FBI programs and activities.
                   Part 5--Ending the Double Standard

Sec. 4351. Allowing disciplinary suspensions of members of the Senior 
                            Executive Service for 14 days or less.
Sec. 4352. Submitting Office of Professional Responsibility reports to 
                            congressional committees.
        Part 6--Enhancing Security at the Department of Justice

Sec. 4361. Report on the protection of security and information at the 
                            Department of Justice.
Sec. 4362. Authorization for increased resources to protect security 
                            and information.
Sec. 4363. Authorization for increased resources to fulfill national 
                            security mission of the Department of 
                            Justice.
               Subtitle D--DNA Sexual Assault Justice Act

Sec. 4401. Short title.
Sec. 4402. Assessment of backlog in DNA analysis of samples.
Sec. 4403. The Debbie Smith DNA Backlog Grant Program.
Sec. 4404. Increased grants for analysis of DNA samples from convicted 
                            offenders and crime scenes.
Sec. 4405. Authority of local governments to apply for and receive DNA 
                            Backlog Elimination Grants.
Sec. 4406. Improving eligibility criteria for backlog grants.
Sec. 4407. Quality assurance standards for collection and handling of 
                            DNA evidence.
Sec. 4408. Sexual Assault Forensic Exam Program Grants.
Sec. 4409. DNA Evidence Training Grants.
Sec. 4410. Authorizing John Doe DNA indictments.
Sec. 4411. Increased grants for Combined DNA Index System (CODIS).
Sec. 4412. Increased grants for Federal Convicted Offender Program 
                            (FCOP).
Sec. 4413. Privacy requirements for handling DNA evidence and DNA 
                            analyses.
       Subtitle E--Additional Improvements to the Justice System

Sec. 4501. Providing remedies for retaliation against whistleblowers 
                            making congressional disclosures.
Sec. 4502. Establishment of protective function privilege.
Sec. 4503. Professional standards for government attorneys.
                TITLE V--COMBATING DRUG AND GUN VIOLENCE

          Subtitle A--Drug Treatment, Prevention, and Testing

                         Part 1--Drug Treatment

Sec. 5101. Funding for rural State and economically depressed 
                            communities.
Sec. 5102. Funding for residential treatment centers for women and 
                            children.
Sec. 5103. Drug treatment alternative to prison programs administered 
                            by State or local prosecutors.
Sec. 5104. Substance abuse treatment in Federal prisons 
                            reauthorization.
Sec. 5105. Drug treatment for juveniles.
            Part 2--Funding for Drug-free Community Programs

Sec. 5111. Extension of Safe and Drug-Free Schools and Communities 
                            Program.
Sec. 5112. Say No to Drugs Community Centers.
Sec. 5113. Drug education and prevention relating to youth gangs.
Sec. 5114. Drug education and prevention program for runaway and 
                            homeless youth.
                  Part 3--Zero Tolerance Drug Testing

Sec. 5121. Grant authority.
Sec. 5122. Administration.
Sec. 5123. Applications.
Sec. 5124. Federal share.
Sec. 5125. Geographic distribution.
Sec. 5126. Technical assistance, training, and evaluation.
Sec. 5127. Authorization of appropriations.
Sec. 5128. Permanent set-aside for research and evaluation.
                 Part 4--Crack House Statute Amendments

Sec. 5131. Offenses.
Sec. 5132. Civil penalty and equitable relief for maintaining drug-
                            involved premises.
Sec. 5133. Declaratory and injunctive remedies.
Sec. 5134. Sentencing Commission guidelines.
Sec. 5135. Authorization of appropriations for a demand reduction 
                            coordinator.
Sec. 5136. Authorization of appropriations for drug education.
        Part 5--Cracking Down on Methamphetamine in Rural Areas

Sec. 5141. Methamphetamine treatment programs in rural areas.
Sec. 5142. Methamphetamine prevention education.
Sec. 5143. Methamphetamine cleanup.
                      Subtitle B--Disarming Felons

                     Part 1--Our Lady of Peace Act

Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Enhancement of requirement that Federal departments and 
                            agencies provide relevant information to 
                            the National Instant Criminal Background 
                            Check System.
Sec. 5204. Requirements to obtain waiver.
Sec. 5205. Implementation grants to States.
Sec. 5206. Continuing evaluations.
Sec. 5207. Grants to State courts for the improvement in automation and 
                            transmittal of disposition records
       Part 2--Ballistics, Law Assistance, and Safety Technology

Sec. 5211. Short title.
Sec. 5212. Purposes.
Sec. 5213. Definition of ballistics.
Sec. 5214. Test firing and automated storage of ballistics records.
Sec. 5215. Privacy rights of law abiding citizens.
Sec. 5216. Demonstration firearm crime reduction strategy.
                   Part 3--Extension of Project Exile

Sec. 5221. Authorization of funding for additional State and local gun 
                            prosecutors.
    Part 4--Expansion of the Youth Crime Gun Interdiction Initiative

Sec. 5231. Youth Crime Gun Interdiction Initiative.
                          Part 5--Gun Offenses

Sec. 5241. Gun ban for dangerous juvenile offenders.
Sec. 5242. Improving firearms safety.
Sec. 5243. Juvenile handgun safety.
Sec. 5244. Serious juvenile drug offenses as armed career criminal 
                            predicates.
Sec. 5245. Increased penalty for transferring a firearm to a minor for 
                            use in crime of violence or drug 
                            trafficking crime.
Sec. 5246. Increased penalty for firearms conspiracy.
                 Part 6--Closing the Gun Show Loophole

Sec. 5251. Findings.
Sec. 5252. Extension of Brady background checks to gun shows.
                 TITLE VI--THE INNOCENCE PROTECTION ACT

Sec. 6001. Short title.
        Subtitle A--Exonerating the Innocent Through DNA Testing

Sec. 6101. DNA testing in Federal criminal justice system.
Sec. 6102. DNA testing in State criminal justice systems.
Sec. 6103. Prohibition pursuant to section 5 of the 14th Amendment.
Sec. 6104. Grants to prosecutors for DNA testing programs.
   Subtitle B--Improving State Systems for Providing Competent Legal 
                       Services in Capital Cases

Sec. 6201. Capital Representation System Improvement Grants.
Sec. 6202. Enforcement suits.
Sec. 6203. Grants to qualified capital defender organizations.
Sec. 6204. Grants to train prosecutors, defense counsel, and State and 
                            local judges handling State capital cases.
  Subtitle C--Right to Review of the Death Penalty upon the Grant of 
                               Certiorari

Sec. 6301. Protecting the rights of death row inmates to review of 
                            cases granted certiorari.
         Subtitle D--Compensation for the Wrongfully Convicted

Sec. 6401. Increased compensation in Federal cases.
Sec. 6402. Sense of Congress regarding compensation in State death 
                            penalty cases.
        Subtitle E--Student Loan Repayment for Public Attorneys

Sec. 6501. Student loan repayment for public attorneys.
           TITLE VII--STRENGTHENING THE FEDERAL CRIMINAL LAWS

            Subtitle A--Anti-Atrocity Alien Deportation Act

Sec. 7101. Short title.
Sec. 7102. Inadmissibility and deportability of aliens who have 
                            committed acts of torture or extrajudicial 
                            killings abroad.
Sec. 7103. Inadmissibility and deportability of foreign government 
                            officials who have committed particularly 
                            severe violations of religious freedom.
Sec. 7104. Bar to good moral character for aliens who have committed 
                            acts of torture, extrajudicial killings, or 
                            severe violations of religious freedom.
Sec. 7105. Establishment of the Office of Special Investigations.
Sec. 7106. Report on implementation.
                   Subtitle B--Deterring Cargo Theft

Sec. 7201. Punishment of cargo theft.
Sec. 7202. Reports to Congress on cargo theft.
Sec. 7203. Establishment of advisory committee on cargo theft.
Sec. 7204. Addition of attempted theft and counterfeiting offenses to 
                            eliminate gaps and inconsistencies in 
                            coverage.
Sec. 7205. Clarification of scienter requirement for receiving property 
                            stolen from an Indian tribal organization.
Sec. 7206. Larceny involving post office boxes and postal stamp vending 
                            machines.
Sec. 7207. Expansion of Federal theft offenses to cover theft of 
                            vessels.
  Subtitle C--Additional Improvements and Corrections to the Federal 
                             Criminal Laws

Sec. 7301. Enhanced penalties for cultural heritage crimes.
Sec. 7302. Enhanced enforcement of laws affecting racketeer-influenced 
                            and corrupt organizations.
Sec. 7303. Increased maximum corporate penalty for antitrust 
                            violations.
Sec. 7304. Technical correction to ensure compliance of sentencing 
                            guidelines with provisions of all Federal 
                            statutes.
Sec. 7305. Inclusion of assault crimes and unlicensed money 
                            transmitting businesses as racketeering 
                            activity.
Sec. 7306. Inclusion of unlicensed money transmitting businesses and 
                            structuring currency transactions to evade 
                            reporting requirement as wiretap 
                            predicates.

                          TITLE I--COMBATTING

                        TERRORISM AND ENHANCING

                           DOMESTIC SECURITY

                Subtitle A--Supporting First Responders

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``First Responders Partnership 
Grant Act of 2003''.

SEC. 1102. PURPOSE.

    The purpose of this subtitle is to support first responders to 
protect homeland security and prevent and respond to acts of terrorism.

SEC. 1103. FIRST RESPONDERS PARTNERSHIP GRANT PROGRAM FOR PUBLIC SAFETY 
              OFFICERS.

    (a) In General.--The Director of the Bureau of Justice Assistance 
is authorized to make grants to States, units of local government, and 
Indian tribes to support public safety officers in their efforts to 
protect homeland security and prevent and respond to acts of terrorism.
    (b) Uses of Funds.--Grants awarded under this section shall be--
            (1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            (2) used to fund equipment, training and facilities to 
        support public safety officers in their efforts to protect 
        homeland security and prevent and respond to acts of terrorism.
    (c) Minimum Amount.--Unless all eligible applications submitted by 
any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.75 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section, except that the United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands shall each be allocated 0.25 
percent.
    (d) Maximum Amount.--A qualifying State, unit of local government, 
or Indian tribe may not receive more than 5 percent of the total amount 
appropriated in each fiscal year for grants under this section, except 
that a State, together with the grantees within the State may not 
receive more than 20 percent of the total amount appropriated in each 
fiscal year for grants under this section.
    (e) Matching Funds.--The portion of the costs of a program provided 
by a grant under subsection (a) may not exceed 90 percent. Any funds 
appropriated by Congress for the activities of any agency of an Indian 
tribal government or the Bureau of Indian Affairs performing law 
enforcement functions on any Indian lands may be used to provide the 
non-Federal share of a matching requirement funded under this 
subsection.

SEC. 1104. APPLICATIONS.

    (a) In General.--To request a grant under this subtitle, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Director of the Bureau of Justice 
Assistance in such form and containing such information as the Director 
may reasonably require.
    (b) Regulations.--Not later than 90 days after the date of the 
enactment of this subtitle, the Director of the Bureau of Justice 
Assistance shall promulgate regulations to implement this section 
(including the information that must be included and the requirements 
that the States, units of local government, and Indian tribes must 
meet) in submitting the applications required under this section.

SEC. 1105. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``public safety officer'' means any person 
        serving a public agency with or without compensation as a law 
        enforcement officer, as a firefighter, or as a member of a 
        rescue squad or ambulance crew;
            (2) the term ``State'' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands;
            (3) the term ``unit of local government'' means a county, 
        municipality, town, township, village, parish, borough, or 
        other unit of general government below the State level;
            (4) the term ``Indian tribe'' has the same meaning as in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e)); and
            (5) the term ``law enforcement officer'' means any officer, 
        agent, or employee of a State, unit of local government, or 
        Indian tribe authorized by law or by a government agency to 
        engage in or supervise the prevention, detection, or 
        investigation of any violation of criminal law, or authorized 
        by law to supervise sentenced criminal offenders.

SEC. 1106. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this subtitle $4,000,000,000 for each of 
fiscal years 2003 through 2005.

                      Subtitle B--Border Security

SEC. 1201. SHORT TITLE.

    This subtitle may be cited as the ``Safe Borders Act of 2003''.

SEC. 1202. AUTHORIZATION OF APPROPRIATIONS FOR HIRING ADDITIONAL INS 
              PERSONNEL.

    (a) INS Inspectors.--Subject to the availability of appropriations, 
during each of the fiscal years 2004 through 2007, the Attorney General 
shall increase the number of inspectors and associated support staff in 
the Immigration and Naturalization Service by the equivalent of at 
least 250 full-time employees over the number of inspectors and 
associated support staff in the Immigration and Naturalization Service 
authorized by the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001 (Public Law 107-56) and the Enhanced Border 
Security and Visa Entry Reform Act of 2002 (Public Law 107-173).
    (b) INS Investigative Personnel.--Subject to the availability of 
appropriations, during each of the fiscal years 2004 through 2007, the 
Attorney General shall increase the number of investigative and 
associated support staff of the Immigration and Naturalization Service 
by the equivalent of at least 250 full-time employees over the number 
of investigators and associated support staff in the Immigration and 
Naturalization Service authorized by the Uniting and Strengthening 
America by Providing Appropriate Tools Required to Intercept and 
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56) 
and the Enhanced Border Security and Visa Entry Reform Act of 2002 
(Public Law 107-173).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
including such sums as may be necessary to provide facilities, attorney 
personnel and support staff, and other resources needed to support the 
increased number of inspectors, investigative staff, and associated 
support staff.

SEC. 1203. AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS IN 
              TECHNOLOGY FOR IMPROVING BORDER SECURITY.

    (a) Authorization of Appropriations.--In addition to funds 
otherwise available for such purpose, there are authorized to be 
appropriated $250,000,000 to the Immigration and Naturalization Service 
for purposes of--
            (1) making improvements in technology (including 
        infrastructure support, computer security, and information 
        technology development) for improving border security;
            (2) expanding, utilizing, and improving technology to 
        improve border security; and
            (3) facilitating the flow of commerce and persons at ports 
        of entry, including improving and expanding programs for 
        preenrollment and preclearance.
    (b) Waiver of Fees.--Federal agencies involved in border security 
may waive all or part of enrollment fees for technology-based programs 
to encourage participation by United States citizens and aliens in such 
programs. Any agency that waives any part of any such fee may establish 
its fees for other services at a level that will ensure the recovery 
from other users of the amounts waived.
    (c) Offset of Increases in Fees.--The Attorney General may, to the 
extent reasonable, increase land border fees for the issuance of 
arrival-departure documents to offset technology costs.

SEC. 1204. REPORT ON BORDER SECURITY IMPROVEMENTS.

    The Attorney General shall submit a report to the Committees on the 
Judiciary of the Senate and House of Representatives within 60 days of 
enactment of this Act, detailing all steps the Department of Justice 
has taken to implement the increases in border security personnel and 
improvements in border security technology and equipment authorized in 
section 402 of the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001 (Public Law 107-56) and sections 101 and 102 
of the Enhanced Border Security and Visa Entry Reform Act of 2002 
(Public Law 107-173). The report shall also include the Attorney 
General's analysis of what additional personnel and other resources, if 
any, are needed to improve the security of our borders, particularly 
the United States-Canada border.

              Subtitle C--Military Tribunals Authorization

SEC. 1301. SHORT TITLE.

    This subtitle may be cited as the ``Military Tribunal Authorization 
Act of 2003''.

SEC. 1302. FINDINGS.

    Congress makes the following findings:
            (1) The al Qaeda terrorist organization and its leaders 
        have committed unlawful attacks against the United States, 
        including the August 7, 1998 bombings of the United States 
        embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the 
        October 12, 2000 attack on the USS COLE and the September 11, 
        2001 attacks on the United States.
            (2) The al Qaeda terrorist organization and its leaders 
        have threatened renewed attacks on the United States and have 
        threatened the use of weapons of mass destruction.
            (3) In violation of the resolutions of the United Nations, 
        the Taliban of Afghanistan provided a safe haven to the al 
        Qaeda terrorist organization and its leaders and allowed the 
        territory of that country to be used as a base from which to 
        sponsor international terrorist operations.
            (4) The United Nations Security Council, in Resolution 
        1267, declared in 1999 that the actions of the Taliban 
        constitute a threat to international peace and security.
            (5) The United Nations Security Council, in Resolutions 
        1368 and 1373, declared in September 2001 that the September 11 
        attacks against the United States constitute a threat to 
        international peace and security.
            (6) The United States is justified in exercising its right 
        of self-defense pursuant to international law and the United 
        Nations Charter.
            (7) Congress authorized the President on September 18, 
        2001, to use all necessary and appropriate force against those 
        nations, organizations, or persons that he determines to have 
        planned, authorized, committed, or aided the September 11 
        terrorist attacks or harbored such organizations or persons, in 
        order to prevent any future acts of international terrorism 
        against the United States, within the meaning of section 5(b) 
        of the War Powers Resolution.
            (8) The United States and its allies are engaged in armed 
        conflict with al Qaeda and the Taliban.
            (9) Military trials of the terrorists may be appropriate to 
        protect the safety of the public and those involved in the 
        investigation and prosecution, to facilitate the use of 
        classified information as evidence without compromising 
        intelligence or military efforts, and otherwise to protect 
        national security interests.
            (10) Military trials that provide basic procedural 
        guarantees of fairness, consistent with the international law 
        of armed conflict and the International Covenant on Civil and 
        Political Rights (opened for signature December 16, 1966), 
        would garner the support of the community of nations.
            (11) Article I, section 8, of the Constitution provides 
        that the Congress, not the President, has the power to 
        ``constitute Tribunals inferior to the Supreme Court; ... 
        define and punish ... Offenses against the Law of Nations; ... 
        make Rules concerning Captures on Land and Water; ... make all 
        Laws which shall be necessary and proper for carrying into 
        Execution the foregoing Powers and all other Powers vested by 
        this Constitution in the Government of the United States, or in 
        any Department or Officer thereof.''.
            (12) Congressional authorization is necessary for the 
        establishment of extraordinary tribunals to adjudicate and 
        punish offenses arising from the September 11, 2001 attacks 
        against the United States and to provide a clear and 
        unambiguous legal foundation for such trials.

SEC. 1303. ESTABLISHMENT OF EXTRAORDINARY TRIBUNALS.

    (a) Authority.--The President is hereby authorized to establish 
tribunals for the trial of individuals who--
            (1) are not United States persons;
            (2) are members of al Qaeda or members of other terrorist 
        organizations knowingly cooperating with members of al Qaeda in 
        planning, authorizing, committing, or aiding in the September 
        11, 2001 attacks against the United States, or, although not 
        members of any such organization, knowingly aided and abetted 
        members of al Qaeda in such terrorist activities against the 
        United States;
            (3) are apprehended in Afghanistan, fleeing from 
        Afghanistan, or in or fleeing from any other place outside the 
        United States where there is armed conflict involving the Armed 
        Forces of the United States; and
            (4) are not prisoners of war within the meaning of the 
        Geneva Convention Relative to the Treatment of Prisoners of 
        War, done on August 12, 1949, or any protocol relating thereto.
    (b) Jurisdiction.--Tribunals established under subsection (a) may 
adjudicate violations of the law of war, international laws of armed 
conflict, and crimes against humanity targeted against United States 
persons.
    (c) Authority To Establish Procedural Rules.--The Secretary of 
Defense, in consultation with the Secretary of State and the Attorney 
General, shall prescribe and publish in the Federal Register, and 
report to the Committees on the Judiciary of the Senate and the House 
of Representatives, the rules of evidence and procedure that are to 
apply to tribunals established under subsection (a).

SEC. 1304. PROCEDURAL REQUIREMENTS.

    (a) In General.--The rules prescribed for a tribunal under section 
1303(c) shall be designed to ensure a full and fair hearing of the 
charges against the accused. The rules shall require the following:
            (1) That the tribunal be independent and impartial.
            (2) That the accused be notified of the particulars of the 
        offense charged or alleged without delay.
            (3) That the proceedings be made simultaneously 
        intelligible for participants not conversant in the English 
        language by including translation or interpretation.
            (4) That the evidence supporting each alleged offense be 
        given to the accused.
            (5) That the accused have the opportunity to be present at 
        trial.
            (6) That the accused have a right to be represented by 
        counsel.
            (7) That the accused have the opportunity--
                    (A) to respond to the evidence supporting each 
                alleged offense;
                    (B) to obtain exculpatory evidence from the 
                prosecution; and
                    (C) to present exculpatory evidence.
            (8) That the accused have the opportunity to confront and 
        cross-examine adverse witnesses and to offer witnesses.
            (9) That the proceeding and disposition be expeditious.
            (10) That the tribunal apply reasonable rules of evidence 
        designed to ensure admission only of reliable information or 
        material with probative value.
            (11) That the accused be afforded all necessary means of 
        defense before and after the trial.
            (12) That conviction of an alleged offense be based only 
        upon proof of individual responsibility for the offense.
            (13) That conviction of an alleged offense not be based 
        upon an act, offense, or omission that was not an offense under 
        law when it was committed.
            (14) That the penalty for an offense not be greater than it 
        was when the offense was committed.
            (15) That the accused--
                    (A) be presumed innocent until proven guilty, and
                    (B) not be found guilty except upon proof beyond a 
                reasonable doubt.
            (16) That the accused not be compelled to confess guilt or 
        testify against himself.
            (17) That, subject to subsections (c) and (d), the trial be 
        open and public and include public availability of the 
        transcripts of the trial and the pronouncement of judgment.
            (18) That a convicted person be informed of remedies and 
        appeals and the time limits for the exercise of the person's 
        rights to the remedies and appeals under the rules.
    (b) Imposition of the Death Penalty.--The requirements of the 
Uniform Code of Military Justice for the imposition of the death 
penalty shall apply in any case in which a tribunal established under 
section 1303 is requested to adjudge the death penalty.
    (c) Public Proceedings.--Any proceedings conducted by a tribunal 
established under section 1303, and the proceedings on any appeal of an 
action of the tribunal, shall be accessible to the public consistent 
with any demonstrable necessity to secure the safety of observers, 
witnesses, tribunal judges, counsel, or other persons.
    (d) Confidentiality of Evidence.--Evidence available from an agency 
of the Federal Government that is offered in a trial by a tribunal 
established under section 1303 may be kept secret from the public only 
when the head of the agency personally certifies in writing that 
disclosure will cause--
            (1) identifiable harm to the prosecution of military 
        objectives or interfere with the capture of members of al Qaeda 
        anywhere;
            (2) significant, identifiable harm to intelligence sources 
        or methods; or
            (3) substantial risk that such evidence could be used for 
        planning future terrorist attacks.
    (e) Review.--
            (1) Procedures required.--The Secretary of Defense shall 
        provide for prompt review of convictions by tribunals 
        established under section 1303 to ensure that the procedural 
        requirements of a full and fair hearing have been met and that 
        the evidence reasonably supports the convictions.
            (2) United states court of appeals for the armed forces.--
        The procedures established under paragraph (1) shall, at a 
        minimum, allow for review of the proceedings of the tribunals 
        by the United States Court of Appeals for the Armed Forces 
        established under the Uniform Code of Military Justice.
            (3) Supreme court.--The decisions of the United States 
        Court of Appeals for the Armed Forces regarding proceedings of 
        tribunals established under section 1303 shall be subject to 
        review by the Supreme Court by writ of certiorari.

SEC. 1305. DETENTION.

    (a) In General.--The President may direct the Secretary of Defense 
to detain any person who is subject to a tribunal established under 
section 1303 pursuant to rules and regulations that are promulgated by 
the Secretary and are consistent with the rules of international law.
    (b) Duration of Detention.--
            (1) Limitation.--A person may be detained under subsection 
        (a) only while--
                    (A) there is in effect for the purposes of this 
                section a certification by the President that the 
                United States Armed Forces are engaged in a state of 
                armed conflict with al Qaeda or Taliban forces in the 
                region of Afghanistan or with al Qaeda forces 
                elsewhere; or
                    (B) an investigation with a view toward 
                prosecution, a prosecution, or a post-trial proceeding 
                in the case of such person, pursuant to the provisions 
                of this Act, is ongoing.
            (2) Certification and recertification.--A certification of 
        circumstances made under paragraph (1) shall be effective for 
        180 days. The President may make successive certifications of 
        the circumstances.
    (c) Disclosure of Evidence.--Evidence that may establish that an 
accused is not a person described in subsection (a) shall be disclosed 
to the accused and his counsel, except that a summary of such evidence 
shall be provided to the accused and his counsel when the Attorney 
General personally certifies that disclosure of the evidence would 
cause identifiable harm to the prosecution of military objectives in 
Afghanistan, to the capture of other persons who are subject to this 
subtitle or reside outside the United States, or to the prevention of 
future terrorist acts directed against Americans. A summary of evidence 
shall be as complete as is possible in order to provide the accused 
with an evidentiary basis to seek release from detention.
    (d) Detention Review.--The United States Court of Appeals for the 
District of Columbia Circuit shall have exclusive jurisdiction to 
review any determination under this section that the requirements of 
this section for detaining an accused are satisfied.
    (e) Conditions of Detention.--A person detained under this section 
shall be--
            (1) detained at an appropriate location designated by the 
        Secretary of Defense;
            (2) treated humanely, without any adverse distinction based 
        on race, color, religion, gender, birth, wealth, or any similar 
        criteria;
            (3) afforded adequate food, drinking water, shelter, 
        clothing, and medical treatment;
            (4) sheltered under hygienic conditions and provided 
        necessary means of personal hygiene; and
            (5) allowed the free exercise of religion consistent with 
        the requirements of such detention.

SEC. 1306. SENSE OF CONGRESS.

    It is the sense of Congress that the President should seek the 
cooperation of United States allies and other nations in conducting the 
investigations and prosecutions, including extraditions, of the persons 
who are responsible for the September 11, 2001 attacks on the United 
States, and use to the fullest extent possible multilateral 
institutions and mechanisms for carrying out such investigations and 
prosecutions.

SEC. 1307. DEFINITIONS.

    In this subtitle:
            (1) September 11, 2001 attacks on the united states.--The 
        term ``September 11, 2001 attacks on the United States'' means 
        the attacks on the Pentagon in the metropolitan area of 
        Washington, District of Columbia, and the World Trade Center, 
        New York, New York, on September 11, 2001, and includes the 
        hijackings of American Airlines flights 77 and 11 and United 
        Airlines flights 175 and 93 on that date.
            (2) United states person.--The term ``United States 
        person'' has the meaning given that term in section 101(i) of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(i)).

SEC. 1308. TERMINATION OF AUTHORITY.

    The authority under this subtitle shall terminate at the end of 
December 31, 2005.

          Subtitle D--Anti Terrorist Hoaxes and False Reports

SEC. 1401. SHORT TITLE.

    This subtitle may be cited as the ``Anti Terrorist Hoax and False 
Report Act of 2003''.

SEC. 1402. FINDINGS.

    Congress makes the following findings:
            (1) The expert resources available to the Government to 
        deal with Federal crimes involving actual, potential or 
        threatened use of chemical, biological, and nuclear weapons and 
        weapons of mass destruction are limited.
            (2) False reporting of such crimes and actual hoaxes 
        involving such crimes almost invariably require the attention 
        of Federal investigative, scientific, and public health 
        officers and employees.
            (3) Recent episodes demonstrate that even isolated false 
        reports and hoaxes present a serious threat to the Nation and 
        can have a substantial adverse effect on interstate and foreign 
        commerce, causing needless worry or even panic in the general 
        public, interrupting vital interstate and foreign travel and 
        communications facilities, disrupting commercial and business 
        activities that depend on interstate travel and communications, 
        and encouraging copycat episodes.
            (4) State and local law enforcement and government agencies 
        are often the first responders to any report of a chemical, 
        biological, or nuclear threat or to a report of a weapon of 
        mass destruction, whether real or a hoax, and Federal law 
        enforcement authorities often work closely with, and depend 
        upon, State and local first responders in deploying scarce 
        Federal resources after such a report.
            (5) A comprehensive prohibition on such false reports and 
        hoaxes is necessary to preserve scarce and vital Federal 
        resources, avoid substantial adverse effects on interstate and 
        foreign commerce, and to protect the national security of the 
        United States.

SEC. 1403. HOAXES, FALSE REPORTS AND REIMBURSEMENT.

    (a) In General.--Chapter 41 of title 18, United States Code, is 
amended by inserting after section 880 the following:
``Sec. 881. False information and hoaxes.
    ``(a) Unlawful Acts.--It shall be unlawful for any person--
            ``(1) to impart or convey or cause to be imparted or 
        conveyed false information, knowing the information is false, 
        concerning an attempt or alleged attempt being made, or to be 
        made, to do any act which would be a crime under section 175, 
        229, 831, or 2332a of this title, and under circumstances where 
        such information may reasonably be believed; or
            ``(2) to transfer or distribute or cause to be transferred 
        or distributed any device or material, knowing or intending 
        that the device or material resembles a nuclear, chemical, or 
        biological weapon, or other weapon of mass destruction (as 
        defined in section 2332a(c)(2) of this title), and under 
        circumstances where such device or material may reasonably be 
        believed to involve an attempt or alleged attempt to do an act 
        which would be a crime under section 175, 229, 831, or 2332a of 
        this title.
    ``(b) Criminal Penalties.--
            ``(1) Any person who violates subsection (a)(1) or (a)(2) 
        shall--
                    ``(A) in the case of a first violation, be fined 
                under this title, or imprisoned not more than one year, 
                or both; and
                    ``(B) in the case of subsequent violations, be 
                fined under this title, or imprisoned not more than 
                five years, or both; and
            ``(2) Any person who willfully and maliciously, or with 
        reckless disregard for the safety of human life, violates 
        subsection (a)(1) or (a)(2) shall be fined under this title, or 
        imprisoned not more than five years, or both.
    ``(b) Reimbursement.--
            ``(1) Notwithstanding and in addition to sections 3663 and 
        3663A of this title and any other civil or criminal penalty 
        authorized by law, the court shall order any person convicted 
        of an offense under subsection (a)(1) or (a)(2) to reimburse--
                    ``(A) any person injured by the offense for any 
                losses and expenses incurred as a direct or proximate 
                result of such offense; and
                    ``(B) any Federal, State, or local government 
                entity for any losses and expenses incurred incident to 
                an emergency or investigative response to the offense.
            ``(2) A person who is subject to an order of reimbursement 
        under this subsection shall be jointly and severally liable 
        with each other person, if any, who is subject to an order of 
        reimbursement for the same losses and expenses.
            ``(3) An order of reimbursement under this subsection 
        shall, for purposes of enforcement, be treated as a civil 
        judgment.
    ``(c) Civil Remedies.--
            ``(1) Any person aggrieved by reason of the conduct 
        prohibited by subsection (a)(1) or (a)(2) may commence a civil 
        action. In such an action, the court may award appropriate 
        relief, including injunctive relief and compensatory and 
        punitive damages, as well as the costs of suit and reasonable 
        fees for attorneys and expert witnesses. With respect to 
        compensatory damages, the plaintiff may elect, at any time 
        prior to the rendering of final judgment, to recover, in lieu 
        of actual damages, an award of statutory damages in the amount 
        of $5,000 per violation.
            ``(2) If the Attorney General of the United States has 
        reasonable cause to believe that any person or group of persons 
        has been injured by conduct prohibited by subsection (a)(1) or 
        (a)(2), the Attorney General may commence a civil action. In 
        such an action, the court may award appropriate relief, 
        including injunctive relief and compensatory damages to persons 
        aggrieved as described in paragraph (1) and to any Federal, 
State, or local government entity that would be entitled to 
reimbursement under subsection (b). The court, to vindicate the public 
interest, may also assess a civil penalty in an amount not exceeding 
$5,000 for a first violation, or $10,000 for any subsequent violation.
            ``(3) The imposition of a civil penalty under paragraph (2) 
        does not preclude any other criminal or civil statutory, common 
        law, or administrative remedy, which is available by law to the 
        United States or any other person.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 41 of title 18, United States Code, is amended by adding after 
the item for section 880 the following:

``881. False information and hoaxes.''.

          Subtitle E--Amendments to Federal Antiterrorism Laws

SEC. 1501. ATTACKS AGAINST MASS TRANSIT CLARIFICATION OF DEFINITION.

    Section 1993(c) of title 18, United States Code, is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) the term `vehicle' means any carriage or other 
        contrivance used, or capable of being used, as a means of 
        transportation on land, water, or through the air.''.

SEC. 1502. RELEASE OR DETENTION OF A MATERIAL WITNESS.

    Section 3144 of title 18, United States Code, is amended to read as 
follows:
    ``(a) Arrest of Material Witness.--Upon an application by a party 
in any criminal case or by an attorney for the government in any 
Federal grand jury proceeding, supported by affidavits showing probable 
cause to believe that the testimony of a person is material to any 
matter in such case or proceeding and that it may become impracticable 
to secure the presence of the person by subpoena, a judicial officer 
may order the arrest of that person as a material witness.
    ``(b) Release or Detention.--A person who is arrested pursuant to 
an order issued under subsection (a) shall be treated in accordance 
with section 3142, and may be detained only upon satisfaction of the 
conditions in section 3142(f)(2), except that no material witness may 
be detained because of inability to comply with any condition of 
release if the testimony of that person can adequately be secured by 
deposition or, in a matter before a grand jury, by appearance before 
the grand jury.
    ``(c) Delay of Release.--The release of a person who is arrested or 
detained under this section may be delayed for a reasonable period of 
time until the deposition of the person can be taken pursuant to the 
Federal Rules of Criminal Procedure or the person appears before the 
grand jury, in a matter before a grand jury.
    ``(d) Residual Hearsay Exception.--If a person who is arrested or 
detained under this section is released, and the appearance of that 
person cannot be obtained through the reasonable diligence of the 
United States at trial, the United States may seek admission of grand 
jury testimony of that material witness given pursuant to this section, 
and that testimony shall be deemed to satisfy the requirements of rule 
807(C) of the Federal Rules of Evidence.
    ``(e) Rights and Privileges.--Except as otherwise provided in this 
section, if a person is arrested pursuant to an order issued under 
subsection (a), that person shall have the same rights and privileges 
as a person who is arrested pursuant to a warrant issued for an offense 
against the United States until the person is no longer detained or 
subject to any condition of release imposed under this section.''.

SEC. 1503. CLARIFICATION OF SUNSET PROVISION IN USA PATRIOT ACT.

    Section 224(a) of the USA PATRIOT ACT (Public Law 107-56) is 
amended by inserting before the period the following: ``and any 
provision of law amended or modified by this title and the amendments 
made by this title (except for the sections excepted) shall take effect 
January 1, 2006, as in effect on the day before the effective date of 
this Act''.

          TITLE II--PROTECTING AMERICA'S CHILDREN AND SENIORS

                     Subtitle A--Children's Safety

                  PART 1--NATIONAL AMBER ALERT NETWORK

SEC. 2111. SHORT TITLE.

    This part may be cited as the ``National AMBER Alert Network Act of 
2003''.

SEC. 2112. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK.

    (a) Coordination Within Department of Justice.--The Attorney 
General shall assign an officer of the Department of Justice to act as 
the national coordinator of the AMBER Alert communications network 
regarding abducted children. The officer so designated shall be known 
as the AMBER Alert Coordinator of the Department of Justice.
    (b) Duties.--In acting as the national coordinator of the AMBER 
Alert communications network, the Coordinator shall--
            (1) seek to eliminate gaps in the network, including gaps 
        in areas of interstate travel;
            (2) work with States to encourage the development of 
        additional elements (known as local AMBER plans) in the 
        network;
            (3) work with States to ensure appropriate regional 
        coordination of various elements of the network; and
            (4) act as the nationwide point of contact for--
                    (A) the development of the network; and
                    (B) regional coordination of alerts on abducted 
                children through the network.
    (c) Consultation and Cooperation.--(1) In carrying out duties under 
subsection (b), the Coordinator shall notify and consult with the 
Director of the Federal Bureau of Investigation concerning each child 
abduction for which an alert is issued through the AMBER Alert 
communications network.
    (2) The Coordinator shall cooperate with the Secretary of 
Transportation and the Federal Communications Commission in carrying 
out activities under this section.
    (3) In preparation for carrying out duties under subsection (b), 
the Coordinator shall consult with the National Center for Missing and 
Exploited Children and other private sector entities and organizations 
(including non-profit organizations) having expertise in matters 
relating to such duties.

SEC. 2113. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS 
              THROUGH AMBER ALERT COMMUNICATIONS NETWORK.

    (a) Establishment of Minimum Standards.--Subject to subsection (b), 
the AMBER Alert Coordinator of the Department of Justice shall 
establish minimum standards for--
            (1) the issuance of alerts through the AMBER Alert 
        communications network; and
            (2) the extent of the dissemination of alerts issued 
        through the network.
    (b) Limitations.--(1) The minimum standards established under 
subsection (a) shall be adoptable on a voluntary basis only.
    (2) The minimum standards shall, to the maximum extent practicable 
(as determined by the Coordinator in consultation with State and local 
law enforcement agencies), provide that the dissemination of an alert 
through the AMBER Alert communications network be limited to the 
geographic areas most likely to facilitate the recovery of the abducted 
child concerned.
    (3) In carrying out activities under subsection (a), the 
Coordinator may not interfere with the current system of voluntary 
coordination between local broadcasters and State and local law 
enforcement agencies for purposes of the AMBER Alert communications 
network.
    (c) Cooperation and Consultation.--(1) The Coordinator shall 
cooperate with the Secretary of Transportation and the Federal 
Communications Commission in carrying out activities under this 
section.
    (2) The Coordinator shall also cooperate with local broadcasters 
and State and local law enforcement agencies in establishing minimum 
standards under this section.
    (3) The Coordinator shall also consult with the National Center for 
Missing and Exploited Children and other private sector entities and 
organizations (including non-profit organizations) having an expertise 
in matters relating to the minimum standards to be established under 
this section in establishing the minimum standards.

SEC. 2114. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS 
              ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN.

    (a) Program Required.--The Secretary of Transportation shall carry 
out a program to provide grants to States for the development or 
enhancement of notification or communications systems along highways 
for alerts and other information for the recovery of abducted children.
    (b) Activities.--Activities funded by grants under the program 
under subsection (a) may include--
            (1) the development or enhancement of electronic message 
        boards along highways and the placement of additional signage 
        along highways; and
            (2) the development or enhancement of other means of 
        disseminating along highways alerts and other information for 
        the recovery of abducted children.
    (c) Federal Share.--The Federal share of the cost of any activities 
funded by a grant under the program under subsection (a) may not exceed 
50 percent.
    (d) Distribution of Grant Amounts on Geographic Basis.--The 
Secretary shall, to the maximum extent practicable, ensure the 
distribution of grants under the program under subsection (a) on an 
equitable basis throughout the various regions of the United States.
    (e) Administration.--The Secretary shall prescribe requirements, 
including application requirements, for grants under the program under 
subsection (a).
    (f) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Transportation for fiscal years 2003 
and 2004 such sums as may be necessary to carry out this section.
    (2) Amounts appropriated pursuant to the authorization of 
appropriations in paragraph (1) shall remain available until expended.

SEC. 2115. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS 
              PLANS.

    (a) Program Required.--The Attorney General shall carry out a 
program to provide grants to States for the development or enhancement 
of programs and activities for the support of AMBER Alert 
communications plans.
    (b) Activities.--Activities funded by grants under the program 
under subsection (a) may include--
            (1) the development and implementation of education and 
        training programs, and associated materials, relating to AMBER 
        Alert communications plans;
            (2) the development and implementation of law enforcement 
        programs, and associated equipment, relating to AMBER Alert 
        communications plans; and
            (3) such other activities as the Attorney General considers 
        appropriate for supporting the AMBER Alert communications 
        program.
    (c) Federal Share.--The Federal share of the cost of any activities 
funded by a grant under the program under subsection (a) may not exceed 
50 percent.
    (d) Distribution of Grant Amounts on Geographic Basis.--The 
Attorney General shall, to the maximum extent practicable, ensure the 
distribution of grants under the program under subsection (a) on an 
equitable basis throughout the various regions of the United States.
    (e) Administration.--The Attorney General shall prescribe 
requirements, including application requirements, for grants under the 
program under subsection (a).
    (f) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Justice for fiscal years 2003 and 
2004 such sums as may be necessary to carry out this section.
    (2) Amounts appropriated pursuant to the authorization of 
appropriations in paragraph (1) shall remain available until expended.

 PART 2--PROSECUTIONAL REMEDIES AND TOOLS AGAINST THE EXPLOITATION OF 
                             CHILDREN TODAY

SEC. 2121. SHORT TITLE.

    This part may be cited as the ``Prosecutorial Remedies and Tools 
Against the Exploitation of Children Today Act of 2003'' or ``PROTECT 
Act''.

SEC. 2122. FINDINGS.

    Congress finds the following:
            (1) Obscenity and child pornography are not entitled to 
        protection under the First Amendment under Miller v. 
        California, 413 U.S. 15 (1973) (obscenity), or New York v. 
        Ferber, 458 U.S. 747 (1982) (child pornography) and thus may be 
        prohibited.
            (2) The Government has a compelling state interest in 
        protecting children from those who sexually exploit them, 
        including both child molesters and child pornographers. ``The 
        prevention of sexual exploitation and abuse of children 
        constitutes a government objective of surpassing importance,'' 
        New York v. Ferber, 458 U.S. 747, 757 (1982) (emphasis added), 
        and this interest extends to stamping out the vice of child 
        pornography at all levels in the distribution chain. Osborne v. 
        Ohio, 495 U.S. 103, 110 (1990).
            (3) The Government thus has a compelling interest in 
        ensuring that the criminal prohibitions against child 
        pornography remain enforceable and effective. ``[T]he most 
        expeditious if not the only practical method of law enforcement 
        may be to dry up the market for this material by imposing 
        severe criminal penalties on persons selling, advertising, or 
        otherwise promoting the product.'' Ferber, 458 U.S. at 760.
            (4) In 1982, when the Supreme Court decided Ferber, the 
        technology did not exist to: (A) create depictions of virtual 
        children that are indistinguishable from depictions of real 
        children; (B) create depictions of virtual children using 
        compositions of real children to create an unidentifiable 
        child; or (C) disguise pictures of real children being abused 
        by making the image look computer generated.
            (5) Evidence submitted to the Congress, including from the 
        National Center for Missing and Exploited Children, 
        demonstrates that technology already exists to disguise 
        depictions of real children to make them unidentifiable and to 
        make depictions of real children appear computer generated. The 
        technology will soon exist, if it does not already, to make 
        depictions of virtual children look real.
            (6) The vast majority of child pornography prosecutions 
        today involve images contained on computer hard drives, 
        computer disks, and/or related media.
            (7) There is no substantial evidence that any of the child 
        pornography images being trafficked today were made other than 
        by the abuse of real children. Nevertheless, technological 
        advances since Ferber have led many criminal defendants to 
        suggest that the images of child pornography they possess are 
        not those of real children, insisting that the government prove 
        beyond a reasonable doubt that the images are not computer-
        generated. Such challenges will likely increase after the 
        Ashcroft v. Free Speech Coalition decision.
            (8) Child pornography circulating on the Internet has, by 
        definition, been digitally uploaded or scanned into computers 
        and has been transferred over the Internet, often in different 
        file formats, from trafficker to trafficker. An image seized 
        from a collector of child pornography is rarely a first-
        generation product, and the retransmission of images can alter 
        the image so as to make it difficult for even an expert 
        conclusively to opine that a particular image depicts a real 
        child. If the original image has been scanned from a paper 
        version into a digital format, this task can be even harder 
        since proper forensic delineation may depend on the quality of 
        the image scanned and the tools used to scan it.
            (9) The impact on the government's ability to prosecute 
        child pornography offenders is already evident. The Ninth 
        Circuit has seen a significant adverse effect on prosecutions 
        since the 1999 Ninth Circuit Court of Appeals decision in Free 
        Speech Coalition. After that decision, prosecutions generally 
        have been brought in the Ninth Circuit only in the most clear-
        cut cases in which the government can specifically identify the 
        child in the depiction or otherwise identify the origin of the 
        image. This is a fraction of meritorious child pornography 
        cases. The National Center for Missing and Exploited Children 
        testified that, in light of the Supreme Court's affirmation of 
        the Ninth Circuit decision, prosecutors in various parts of the 
        country have expressed concern about the continued viability of 
        previously indicted cases as well as declined potentially 
        meritorious prosecutions.
            (10) In the absence of congressional action, this problem 
        will continue to grow increasingly worse. The mere prospect 
        that the technology exists to create computer or computer-
        generated depictions that are indistinguishable from depictions 
        of real children will allow defendants who possess images of 
        real children to escape prosecution, for it threatens to create 
        a reasonable doubt in every case of computer images even when a 
        real child was abused. This threatens to render child 
        pornography laws that protect real children unenforceable.
            (11) To avoid this grave threat to the Government's 
        unquestioned compelling interest in effective enforcement of 
        the child pornography laws that protect real children, a 
        statute must be adopted that prohibits a narrowly-defined 
        subcategory of images.
            (12) The Supreme Court's 1982 Ferber v. New York decision 
        holding that child pornography was not protected drove child 
        pornography off the shelves of adult bookstores. Congressional 
        action is necessary to ensure that open and notorious 
        trafficking in such materials does not reappear.

SEC. 2123. CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR 
              CONTAINING CHILD PORNOGRAPHY.

    Section 2252A of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) knowingly--
                    ``(A) reproduces any child pornography for 
                distribution through the mails, or in interstate or 
foreign commerce by any means, including by computer; or
                    ``(B) advertises, promotes, presents, distributes, 
                or solicits through the mails, or in interstate or 
                foreign commerce by any means, including by computer, 
                any material in a manner that conveys the impression 
                that the material is, or contains, an obscene visual 
                depiction of a minor engaging in sexually explicit 
                conduct;'';
                    (B) in paragraph (4), by striking ``or'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; or''; and
                    (D) by adding at the end the following:
            ``(6) knowingly distributes, offers, sends, or provides to 
        a minor any visual depiction, including any photograph, film, 
        video, picture, or computer generated image or picture, whether 
        made or produced by electronic, mechanical, or other means, of 
        sexually explicit conduct where such visual depiction is, or 
        appears to be, of a minor engaging in sexually explicit 
        conduct--
                    ``(A) that has been mailed, shipped, or transported 
                in interstate or foreign commerce by any means, 
                including by computer;
                    ``(B) that was produced using materials that have 
                been mailed, shipped, or transported in interstate or 
                foreign commerce by any means, including by computer; 
                or
                    ``(C) which distribution, offer, sending, or 
                provision is accomplished using the mails or by 
                transmitting or causing to be transmitted any wire 
                communication in interstate or foreign commerce, 
                including by computer,
        for purposes of inducing or persuading a minor to participate 
        in any activity that is illegal.'';
            (2) in subsection (b)(1), by striking ``(1), (2), (3), or 
        (4)'' and inserting ``(1), (2), (3), (4), or (6)''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) It shall be an affirmative defense to a charge of violating 
paragraph (1), (2), (3), (4), or (5) of subsection (a) that--
            ``(1)(A) the alleged child pornography was produced using 
        an actual person or persons engaging in sexually explicit 
        conduct; and
            ``(B) each such person was an adult at the time the 
        material was produced; or
            ``(2) the alleged child pornography was not produced using 
        any actual minor or minors.
No affirmative defense under paragraph (2) shall be available in any 
prosecution that involves obscene child pornography or child 
pornography as described in section 2256(8)(D). A defendant may not 
assert an affirmative defense to a charge of violating paragraph (1), 
(2), (3), (4), or (5) of subsection (a) unless, within the time 
provided for filing pretrial motions or at such time prior to trial as 
the judge may direct, but in no event later than 10 days before the 
commencement of the trial, the defendant provides the court and the 
United States with notice of the intent to assert such defense and the 
substance of any expert or other specialized testimony or evidence upon 
which the defendant intends to rely. If the defendant fails to comply 
with this subsection, the court shall, absent a finding of 
extraordinary circumstances that prevented timely compliance, prohibit 
the defendant from asserting such defense to a charge of violating 
paragraph (1), (2), (3), (4), or (5) of subsection (a) or presenting 
any evidence for which the defendant has failed to provide proper and 
timely notice.''.

SEC. 2124. ADMISSIBILITY OF EVIDENCE.

    Section 2252A of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Admissibility of Evidence.--On motion of the government, in 
any prosecution under this chapter, except for good cause shown, the 
name, address, social security number, or other nonphysical identifying 
information, other than the age or approximate age, of any minor who is 
depicted in any child pornography shall not be admissible and may be 
redacted from any otherwise admissible evidence, and the jury shall be 
instructed, upon request of the United States, that it can draw no 
inference from the absence of such evidence in deciding whether the 
child pornography depicts an actual minor.''.

SEC. 2125. DEFINITIONS.

    Section 2256 of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting before the semicolon the 
        following: ``and shall not be construed to require proof of the 
        actual identity of the person'';
            (2) in paragraph (8)--
                    (A) in subparagraph (B), by inserting ``is obscene 
                and'' before ``is'';
                    (B) in subparagraph (C), by striking ``or'' at the 
                end; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) such visual depiction--
                            ``(i) is, or appears to be, of a minor 
                        actually engaging in bestiality, sadistic or 
                        masochistic abuse, or sexual intercourse, 
                        including genital-genital, oral-genital, anal-
                        genital, or oral-anal, whether between persons 
                        of the same or opposite sex; and
                            ``(ii) lacks serious literary, artistic, 
                        political, or scientific value; or
                    ``(E) the production of such visual depiction 
                involves the use of an identifiable minor engaging in 
                sexually explicit conduct; and''; and
            (3) in paragraph (9)(A)(ii)--
                    (A) by striking ``(ii) who is'' and inserting the 
                following:
                            ``(ii)(I) who is''; and
                    (B) by striking ``and'' at the end and inserting 
                the following: ``or
                            ``(II) who is virtually indistinguishable 
                        from an actual minor; and''.

SEC. 2126. RECORDKEEPING REQUIREMENTS.

    Section 2257 of title 18, United States Code, is amended--
            (1) in subsection (d)(2), by striking ``of this section'' 
        and inserting ``of this chapter or chapter 71,'';
            (2) in subsection (h)(3), by inserting ``, computer 
        generated image or picture,'' after ``video tape''; and
            (3) in subsection (i)--
                    (A) by striking ``not more than 2 years'' and 
                inserting ``not more than 5 years''; and
                    (B) by striking ``5 years'' and inserting ``10 
                years''.

SEC. 2127. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR 
              DISTRIBUTION IN THE UNITED STATES.

    Section 2251 of title 18, United States Code, is amended--
            (1) by striking ``subsection (d)'' each place that term 
        appears and inserting ``subsection (e)'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c)(1) Any person who, in a circumstance described in paragraph 
(2), employs, uses, persuades, induces, entices, or coerces any minor 
to engage in, or who has a minor assist any other person to engage in, 
any sexually explicit conduct outside of the United States, its 
territories or possessions, for the purpose of producing any visual 
depiction of such conduct, shall be punished as provided under 
subsection (e).
    ``(2) The circumstance referred to in paragraph (1) is that--
            ``(A) the person intends such visual depiction to be 
        transported to the United States, its territories or 
        possessions, by any means, including by computer or mail; or
            ``(B) the person transports such visual depiction to the 
        United States, its territories or possessions, by any means, 
        including by computer or mail.''.

SEC. 2128. CIVIL REMEDIES.

    Section 2252A of title 18, United States Code, as amended by this 
Act, is amended by adding at the end the following:
    ``(f) Civil Remedies.--
            ``(1) In general.--Any person aggrieved by reason of the 
        conduct prohibited under subsection (a) or (b) may commence a 
        civil action for the relief set forth in paragraph (2).
            ``(2) Relief.--In any action commenced in accordance with 
        paragraph (1), the court may award appropriate relief, 
        including--
                    ``(A) temporary, preliminary, or permanent 
                injunctive relief;
                    ``(B) compensatory and punitive damages; and
                    ``(C) the costs of the civil action and reasonable 
                fees for attorneys and expert witnesses.''.

SEC. 2129. ENHANCED PENALTIES FOR RECIDIVISTS.

    Sections 2251(d), 2252(b), and 2252A(b) of title 18, United States 
Code, are amended by inserting ``chapter 71,'' before ``chapter 109A,'' 
each place it appears.

SEC. 2130. SENTENCING ENHANCEMENTS FOR INTERSTATE TRAVEL TO ENGAGE IN 
              SEXUAL ACT WITH A JUVENILE.

    Pursuant to its authority under section 994(p) of title 18, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and, as appropriate, amend the 
Federal Sentencing Guidelines and policy statements to ensure that 
guideline penalties are adequate in cases that involve interstate 
travel with the intent to engage in a sexual act with a juvenile in 
violation of section 2423 of title 18, United States Code, to deter and 
punish such conduct.

SEC. 2131. MISCELLANEOUS PROVISIONS.

    (a) Appointment of Trial Attorneys.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Attorney General shall appoint 25 
        additional trial attorneys to the Child Exploitation and 
        Obscenity Section of the Criminal Division of the Department of 
        Justice or to appropriate U.S. Attorney's Offices, and those 
        trial attorneys shall have as their primary focus, the 
        investigation and prosecution of Federal child pornography 
        laws.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice such sums as 
        may be necessary to carry out this subsection.
    (b) Report to Congressional Committees.--
            (1) In general.--Not later than 9 months after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Attorney General shall report to the Chairpersons and Ranking 
        Members of the Committees on the Judiciary of the Senate and 
        the House of Representatives on the Federal enforcement actions 
        under chapter 110 of title 18, United States Code.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) an evaluation of the prosecutions brought under 
                chapter 110 of title 18, United States Code;
                    (B) an outcome-based measurement of performance; 
                and
                    (C) an analysis of the technology being used by the 
                child pornography industry.
    (c) Sentencing Guidelines.--Pursuant to its authority under section 
994(p) of title 18, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall review and, as 
appropriate, amend the Federal Sentencing Guidelines and policy 
statements to ensure that the guidelines are adequate to deter and 
punish conduct that involves a violation of paragraph (3)(B) or (6) of 
section 2252A(a) of title 18, United States Code, as created by this 
Act. With respect to the guidelines for section 2252A(a)(3)(B), the 
Commission shall consider the relative culpability of promoting, 
presenting, describing, or distributing material in violation of that 
section as compared with solicitation of such material.

    PART 3--REAUTHORIZATION OF THE NATIONAL CENTER FOR MISSING AND 
                           EXPLOITED CHILDREN

SEC. 2141. SHORT TITLE.

    This part may be cited as the ``Protecting Our Children Comes First 
Act of 2003''.

SEC. 2142. ANNUAL GRANT TO THE NATIONAL CENTER FOR MISSING AND 
              EXPLOITED CHILDREN.

    Section 404(b)(2) of the Missing Childrens Assistance Act (42 
U.S.C. 5773(b)(2)) is amended by striking ``$10,000,000 for each of 
fiscal years 2000, 2001, 2002, and 2003'' and inserting ``$20,000,000 
for each of fiscal years 2003, 2004, 2005, and 2006''.

SEC. 2143. AUTHORIZATION OF APPROPRIATIONS.

    Section 408(a) of the Missing Childrens Assistance Act (42 U.S.C. 
5777(a)) is amended by striking ``fiscal years 2000 through 2003.'' and 
inserting ``fiscal years 2003 through 2006.''.

SEC. 2144. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED 
              CHILDREN.

    Section 3056 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Under the direction of the Secretary of the Treasury, 
officers and agents of the Secret Service are authorized, at the 
request of any State or local law enforcement agency or the National 
Center for Missing and Exploited Children, to provide forensic and 
investigative assistance in support of any investigation involving 
missing or exploited children.''.

SEC. 2145. CREATION OF A CYBER-TIPLINE.

    Section 404(b)(1) of the Missing Children's Assistance Act (42 
U.S.C. 5773(b)(1)) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(H) coordinate the operation of a Cyber-Tipline 
                to provide online users an effective means of reporting 
                Internet-related child sexual exploitation in the areas 
                of distribution of child pornography, online enticement 
                of children for sexual acts, and child prostitution.''.

SEC. 2146. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY AND RELATED 
              INFORMATION.

    Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13032) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``, from a 
                nongovernmental source,'' after ``obtains'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) In addition to forwarding reports of child 
        pornography to those agencies designated pursuant to paragraph 
        (2), the National Center for Missing and Exploited Children is 
        authorized to forward any such report to an appropriate 
        official of a state or subdivision of a State for the purpose 
        of enforcing State criminal law.'';
            (2) in subsection (c), by inserting ``, or pursuant to,'' 
        after ``to comply with''; and
            (3) by amending subsection (f)(1)(D) to read as follows:
                    ``(D) where the report discloses a violation of 
                State criminal law, to an appropriate official of a 
                State or subdivision of a State for the purpose of 
                enforcing such State law.''.

SEC. 2147. CONTENTS DISCLOSURE OF STORED COMMUNICATIONS.

    Section 2702 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5), by striking ``or'' at the 
                end;
                    (B) in paragraph (6)--
                            (i) in subparagraph (A)(ii), by inserting 
                        ``or'' at the end;
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B);
                    (C) by redesignating paragraph (6) as paragraph 
                (7); and
                    (D) by inserting after paragraph (5) the following:
            ``(6) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted under section 
        227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
        13032); or''; and
            (2) in subsection (c)--
                    (A) in paragraph (4), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following:
            ``(5) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted under section 
        227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
        13032); or''.

     PART 4--NATIONAL CHILD PROTECTION AND VOLUNTEERS FOR CHILDREN 
                              IMPROVEMENT

SEC. 2151. SHORT TITLE.

    This part may be cited as the ``National Child Protection and 
Volunteers for Children Improvement Act of 2003''.

SEC. 2152. DEFINITIONS.

    Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 
5119c) is amended--
            (1) in paragraph (10), by striking ``and'' at the end; and
            (2) by inserting after paragraph (10) the following:
            ``(10A) the term `qualified State program' means the 
        policies and procedures referred to in section 3(a)(1) of a 
        State that are in place in order to implement this Act, 
        including policies and procedures that require--
                    ``(A) requests for national criminal history 
                background checks to be routinely returned to a 
                qualified entity not later than 20 business days after 
                the date on which the request was made;
                    ``(B) authorized agencies to charge not more than 
                $18 for State background checks;
                    ``(C) the designation of the authorized agencies 
                that may receive national criminal history background 
                check requests from qualified entities; and
                    ``(D) the designation of the qualified entities 
                that shall submit background check requests to an 
                authorized agency;
            ``(10B) the term `routinely' means--
                    ``(A) instances where 85 percent or more of 
                nationwide background check requests are returned to 
                qualified entities within 20 business days; or
                    ``(B) instances where 90 percent or more of 
                nationwide background check requests are returned to 
                qualified entities within 30 business days; and''.

SEC. 2153. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION 
              ACT AND THE VOLUNTEERS FOR CHILDREN ACT.

    Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 
5119a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``A State may'' and 
                        inserting the following: ``Request.--A State 
                        may'';
                            (ii) by inserting after ``procedures'' the 
                        following: ``meeting the guidelines set forth 
                        in subsection (b)'';
                            (iii) by inserting after ``regulation)'' 
                        the following: ``or a qualified State 
                        program''; and
                            (iv) by striking ``convicted of'' and all 
                        that follows through the period and inserting 
                        ``convicted of, or is under pending arrest or 
                        indictment for, a crime that renders the 
                        provider unfit to provide care to children, the 
                        elderly, or individuals with disabilities.'';
                    (B) in paragraph (2)--
                            (i) by striking ``The authorized agency'' 
                        and inserting the following: ``Response.--The 
                        authorized agency'';
                            (ii) by striking ``make reasonable efforts 
                        to'';
                            (iii) by striking ``15'' and inserting 
                        ``20''; and
                            (iv) by adding at the end the following: 
                        ``The Attorney General shall respond to the 
                        inquiry of the State authorized agency within 
                        15 business days of the request. A State is not 
                        in violation of this section if the Attorney 
                        General fails to respond to the inquiry within 
                        15 business days of the request.''; and
                    (C) by striking paragraph (3), and inserting the 
                following:
            ``(3) Absence of qualified state program.--
                    ``(A) Request.--Not later than 12 months after the 
                date of enactment of the National Child Protection and 
                Volunteers for Children Improvement Act of 2002, a 
                qualified entity doing business in a State that does 
                not have a qualified State program may request a 
                national criminal background check from the Attorney 
                General for the purpose of determining whether a 
                provider has been convicted of, or is under pending 
                arrest or indictment for, a crime that renders the 
                provider unfit to provide care to children, the 
                elderly, or individuals with disabilities.
                    ``(B) Review and response.--The Attorney General 
                shall respond to the request of a qualified entity made 
                under subparagraph (A) not later than 20 business days 
                after the request is made.''; and
            (2) in subsection (b)--
                    (A) in paragraph (4), by striking ``shall make'' 
                and inserting ``may make''; and
                    (B) in paragraph (5)--
                            (i) by inserting after ``qualified entity'' 
                        the following: ``or by a State authorized 
                        agency that disseminates criminal history 
                        records information directly to qualified 
                        entities''; and
                            (ii) by striking ``pursuant to subsection 
                        (a)(3)''.

SEC. 2154. DISSEMINATION OF INFORMATION.

    The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) 
is amended by adding at the end the following:

``SEC. 6. DISSEMINATION OF INFORMATION.

    ``Notwithstanding any other provision of law, the Attorney General 
and authorized agencies of States may disseminate criminal history 
background check record information to a qualified entity.

``SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER SCREENING.

    ``(a) In General.--The Attorney General shall establish an Office 
for Volunteer and Provider Screening (referred to in this Act as the 
`Office') which shall serve as a point of contact for qualified 
entities to request a national criminal background check pursuant to 
section 3(a)(3).
    ``(b) Model Guidelines.--The Office shall provide model guidelines 
concerning standards to guide qualified entities in making fitness 
determinations regarding care providers based upon the criminal history 
record information of those providers.''.

SEC. 2155. FEES.

    Section 3(e) of the National Child Protection Act of 1993 (42 
U.S.C. 5119a(e)) is amended--
            (1) by striking ``In the case'' and inserting the 
        following:
            ``(1) In general.--In the case''; and
            (2) by adding at the end the following:
            ``(2) Volunteer with qualified entity.--In the case of a 
        national criminal fingerprint background check conducted 
        pursuant to section 3(a)(3) on a person who volunteers with a 
        qualified entity, the fee collected by the Federal Bureau of 
        Investigation shall not exceed $5.
            ``(3) Provider.--In the case of a national criminal 
        fingerprint background check on a provider who is employed by 
        or applies for a position with a qualified entity, the fee 
        collected by the Federal Bureau of Investigation shall not 
        exceed $18.''.

SEC. 2156. STRENGTHENING STATE FINGERPRINT TECHNOLOGY.

    (a) Establishment of Model Program in Each State To Strengthen 
Criminal Data Repositories and Fingerprint Technology.--The Attorney 
General shall establish a model program in each State and the District 
of Columbia for the purpose of improving fingerprinting technology 
which shall grant to each State funds to either--
            (1) purchase Live-Scan fingerprint technology and a State-
        vehicle to make such technology mobile and these mobile units 
        shall be used to travel within the State to assist in the 
        processing of fingerprint background checks; or
            (2) purchase electric fingerprint imaging machines for use 
        throughout the State to send fingerprint images to the Attorney 
        General to conduct background checks.
    (b) Additional Funds.--In addition to funds provided in subsection 
(a), funds shall be provided to each State and the District of Columbia 
to hire personnel to provide information and training to each county 
law enforcement agency within the State regarding all requirements for 
input of criminal and disposition data into the national criminal 
history background check system under the National Child Protection Act 
of 1993 (42 U.S.C. 5119 et seq.).
    (c) Funding Eligibility.--States with a qualified State program 
shall be eligible for not more than $2,000,000 under this section.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section sums sufficient to improve fingerprint 
        technology units and hire data entry improvement personnel in 
        each of the 50 States and the District of Columbia for each of 
        fiscal years 2003 through 2008.
            (2) Availability.--Sums appropriated in accordance with 
        this section shall remain available until expended.

SEC. 2157. PRIVACY PROTECTIONS.

    (a) Information.--Information derived as a result of a national 
criminal fingerprint background check request under section 3 of the 
National Child Protection Act of 1993 (42 U.S.C. 5119a) shall not be 
adjusted, deleted, or altered in any way except as required by law for 
national security purposes.
    (b) Designated Representative.--
            (1) In general.--Each qualified entity (as defined in 
        section 5 of the National Child Protection Act of 1993 (42 
        U.S.C. 5119c)) shall assign a representative in their 
        respective organization to receive and process information 
        requested under section 3 of the National Child Protection Act 
        of 1993 (42 U.S.C. 5119a).
            (2) Deletion of information.--Each representative assigned 
        under paragraph (1) shall review the requested information and 
        delete all information that is not needed by the requesting 
        entity in making an employment decision.
    (c) Criminal Penalties.--Any person who knowingly releases 
information derived as a result of a national criminal fingerprint 
background check to any person other than the hiring authority or 
organizational leadership with the qualified entity shall be--
            (1) fined $50,000 for each violation; or
            (2) imprisoned not more than 1 year.

SEC. 2158. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this part--
            (1) $100,000,000 for fiscal years 2003 and 2004; and
            (2) such sums as may be necessary for each of fiscal years 
        2005 through 2008.
    (b) Availability of Funds.--Sums appropriated in accordance with 
this section shall remain available until expended.

         PART 5--CHILDREN'S CONFINEMENT CONDITIONS IMPROVEMENT

SEC. 2161. FINDINGS.

    Congress finds that--
            (1) recent studies have established that youth are 
        developmentally different from adults, and these developmental 
        differences need to be taken into account at all stages and in 
        all aspects of the adult criminal justice system;
            (2) pretrial release or detention of juveniles awaiting 
        trial in adult criminal court should only occur after 
        consideration of their special characteristics and the nature 
        of their offenses;
            (3)(A) if detained or incarcerated, juveniles under the 
        jurisdiction of an adult criminal court should be housed in 
        institutions or facilities separate from adult facilities until 
        their eighteenth birthday; and
            (B) those juveniles should not have sight or sound contact 
        with adult inmates;
            (4) juveniles detained or incarcerated under the 
        jurisdiction of an adult criminal court should be provided 
        access to programs that address their educational, substance 
        abuse treatment, health, mental health, and vocational needs;
            (5) juveniles detained or incarcerated under the 
        jurisdiction of an adult criminal court should be provided with 
        the mechanisms to report instances of physical, mental, or 
        psychological abuse or intimidation, and allegations of such 
        abuse or intimidation should be promptly investigated, and if 
        proven correct, should be properly remedied;
            (6) transfer to and sentencing of juveniles in the adult 
        criminal court system should be based on consideration of the 
        individual characteristics of the juvenile and the nature of 
        the offense committed;
            (7) according to recent studies, juveniles who are placed 
        in adult facilities are more likely to commit future crimes;
            (8) housing juveniles with, or in close proximity to, adult 
        inmates creates difficulties and potentially unsafe conditions 
        for jail and prison personnel, and juveniles and adult inmates, 
        since many adult jails and prisons lack the physical structure, 
programming, and trained personnel to manage juveniles effectively;
            (9) according to the Department of Justice, the suicide 
        rate for juveniles in adult jails is nearly 8 times higher than 
        the rate in juvenile detention, and the highest rate of suicide 
        in jail occurs during the first 24 hours of commitment;
            (10) according to the Department of Justice, juveniles in 
        adult facilities are 5 times more likely to be sexually 
        assaulted, twice as likely to be beaten by staff, and 50 
        percent more likely to be attacked with a weapon than 
        adolescents in a juvenile facility; and
            (11) rural States and economically depressed communities 
        have pronounced difficulties in providing secure custody for 
        juvenile offenders apart from adult inmates.

SEC. 2162. PURPOSE.

    The purpose of this part is to provide incentives and funding 
assistance for States to reduce dangerous and unsafe conditions in the 
detention and incarceration of juvenile offenders under the 
jurisdiction of an adult criminal court, including separating those 
juvenile offenders from adult prisoners and ensuring that corrections 
officers who supervise them receive training in supervision issues 
unique to juveniles.

SEC. 2163. DEFINITION.

    In this part, the term ``juvenile'' means an individual who has not 
reached the age of 18.

SEC. 2164. JUVENILE SAFE INCARCERATION GRANT PROGRAM.

    (a) Grant Authority.--The Assistant Attorney General for the Office 
of Justice Programs, established under section 101 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968, in consultation 
with the Office of Juvenile Justice and Delinquency Prevention, may 
make grants to States, units of local government, and Indian tribes for 
the development and implementation of programs designed to--
            (1) alter existing correctional facilities, or develop 
        separate facilities, to provide separate facilities for 
        juveniles who are detained or are serving sentences in adult 
        prisons or jails under the jurisdiction of an adult criminal 
        court;
            (2) provide correctional staff who are responsible for 
        supervising juveniles who are detained or are serving sentences 
        in adult prisons or jails under the jurisdiction of an adult 
        criminal court with orientation and ongoing training to address 
        the developmental, educational, vocational, and mental and 
        physical health needs of those offenders;
            (3) provide ombudsmen to monitor the treatment of juveniles 
        who are detained or are serving sentences in adult prisons or 
        jails under the jurisdiction of an adult criminal court;
            (4) provide access to educational programs, vocational 
        training, mental and physical health assessment and treatment, 
        and drug treatment for juveniles who are serving sentences 
        under the jurisdiction of an adult criminal court; or
            (5) seek alternatives, including the expansion of juvenile 
        facilities, to housing juveniles under the jurisdiction of an 
        adult criminal court with adult inmates.
    (b) Administration.--
            (1) Guidelines.--The Assistant Attorney General may issue 
        guidelines necessary to carry out this section.
            (2) Applications.--In addition to any other requirements 
        that may be specified by the Assistant Attorney General, an 
        application for a grant under this section shall--
                    (A) include a detailed implementation plan 
                addressing each of the purposes in subsection (a) and a 
                timeline for the implementation of those purposes;
                    (B) address the capability of the applicant to 
                continue the proposed program following the conclusion 
                of Federal support;
                    (C) describe the methodology that will be used in 
                evaluating the program; and
                    (D) certify that the State applicant (or the State 
                in which the applicant is located) has developed 
                guidelines on the use of isolation and separation and 
                on the appropriate use of force against incarcerated 
                juveniles, and has prohibited the use of electroshock 
                devices, 4-point restraints, chemical restraints, and 
                restraint chairs.
    (c) Applications.--
            (1) In general.--To request funds under this section, 
        applicants shall submit an application to the Assistant 
        Attorney General in such form and containing such information 
        as the Assistant Attorney General may reasonably require.
            (2) Competitive grants.--Funding under this section shall 
        be awarded on a competitive basis based on criteria established 
        by the Assistant Attorney General and specified in program 
        guidelines.
    (d) Federal Share.--
            (1) In general.--The Federal share of a grant made under 
        this section may not exceed 75 percent of the total cost of the 
        program described in the application submitted for the fiscal 
        year for which the program receives assistance under subsection 
        (a), unless the Assistant Attorney General waives, wholly or in 
        part, the requirement of a matching contribution under this 
        subsection.
            (2) In-kind contributions.--In-kind contributions may 
        constitute a portion of the non-Federal share of a grant under 
        this section.
    (e) Geographic Distribution.--
            (1) In general.--The Assistant Attorney General shall 
        ensure that, to the extent practicable, an equitable geographic 
        distribution of grant awards under this section is made, with 
        rural representation.
            (2) Minimum allocation.--Unless all eligible applications 
        submitted by any State or unit of local government within such 
        State for a grant under this section have been funded, that 
        State, together with grantees within the State, shall be 
        allocated in each fiscal year not less than 0.75 percent of the 
        total amount appropriated in the fiscal year for grants under 
this section.
            (3) Indian tribes.--Indian tribes shall receive 0.75 
        percent of the total amount appropriated in the fiscal year for 
        grants under this section.
    (f) Technical Assistance, Training, and Evaluation.--
            (1) Technical assistance and training.--The Assistant 
        Attorney General may provide technical assistance and training 
        in furtherance of the purposes of this section.
            (2) Evaluation.--In addition to any evaluation requirements 
        that may be prescribed for grantees, the Assistant Attorney 
        General may carry out or make arrangements for a rigorous 
        evaluation of the programs that receive support under this 
        section.
            (3) Administration.--The technical assistance, training, 
        and evaluations authorized by this subsection may be carried 
        out directly by the Assistant Attorney General or through 
        grants, contracts, or cooperative arrangements with other 
        entities.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section such sums as may be necessary for fiscal 
        years 2003 through 2007.
            (2) Permanent set-aside for research and evaluation.--The 
        Assistant Attorney General shall reserve not less than 1 
        percent and not more than 3 percent of the sums appropriated 
        under this subsection in each fiscal year for research and 
        evaluation of this program.

SEC. 2165. RURAL STATE FUNDING.

    (a) In General.--The Assistant Attorney General, in consultation 
with the Office of Juvenile Justice and Delinquency Prevention, shall 
provide grants to provide custodial facilities appropriate for violent 
juvenile offenders in rural States and economically distressed 
communities that lack the resources to provide secure custody.
    (b) Definition of Rural State.--In this section, the term ``rural 
State'' has the same meaning as in section 1501(b) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).
    (c) Equitable Allocation of Awards.--In making awards under 
subsection (a), the Assistant Attorney General shall ensure that the 
awards are equitably allocated among the principal geographic regions 
of the United States, subject to the availability of qualified 
applicants for the awards.
    (d) Evaluations; Dissemination of Findings.--
            (1) Evaluations.--The Assistant Attorney General shall, 
        directly or through contract, provide for the conduct of 
        evaluations of programs carried out pursuant to subsection (a).
            (2) Dissemination of findings.--The Assistant Attorney 
        General shall disseminate the findings made as a result of the 
        evaluation to the States and the Committees on the Judiciary of 
        the Senate and the House of Representatives.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of the 
fiscal years 2003 through 2006.

SEC. 2166. GAO STUDY.

    Not later than 1 year after the date of enactment of this part, the 
General Accounting Office shall conduct a study and report to the 
Committees of the Judiciary of the House of Representatives and the 
Senate on the prevalence and effects of the use of electroshock 
weapons, 4-point restraints, chemical restraints, restraint chairs, and 
solitary confinement against juvenile offenders in the Federal and 
State criminal and juvenile corrections systems.

SEC. 2167. FAMILY UNITY DEMONSTRATION PROJECT.

    Section 31904(a) of the Family Unity Demonstration Project Act (42 
U.S.C. 13883(a)) is amended by striking paragraphs (1) through (5) and 
inserting the following:
            ``(1) $5,400,000 for fiscal years 2003 and 2004; and
            ``(2) such sums as may be necessary for each of fiscal 
        years 2005 through 2007.''.

                      Subtitle B--Senior's Safety

SEC. 2201. SHORT TITLE.

    This subtitle may be cited as the ``Seniors Safety Act of 2003''.

SEC. 2202. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The number of older Americans is rapidly growing in the 
        United States. According to the 2000 census, 21 percent of the 
        United States population is 55 years of age or older.
            (2) In 1997, 7 percent of victims of serious violent crime 
        were 50 years of age or older.
            (3) In 1997, 17.7 percent of murder victims were 55 years 
        of age or older.
            (4) According to the Department of Justice, persons 65 
        years of age and older experienced approximately 2,700,000 
        crimes a year between 1992 and 1997.
            (5) Older victims of violent crime are almost twice as 
        likely as younger victims to be raped, robbed, or assaulted at 
        or in their own homes.
            (6) Approximately half of all Americans who are 50 years of 
        age or older are afraid to walk alone at night in their own 
        neighborhoods.
            (7) Seniors over 50 years of age reportedly account for 37 
        percent of the estimated $40,000,000,000 in losses each year 
        due to telemarketing fraud.
            (8) A 1996 American Association of Retired Persons survey 
        of people 50 years of age and older showed that 57 percent were 
        likely to receive calls from telemarketers at least once a 
        week.
            (9) In 1998, Congress enacted legislation to provide for 
        increased penalties for telemarketing fraud that targets 
        seniors.
            (10) It has been estimated that--
                    (A) approximately 43 percent of persons turning 65 
                years of age can expect to spend some time in a long-
                term care facility; and
                    (B) approximately 20 percent can expect to spend 5 
                years or more in a such a facility.
            (11) In 1997, approximately $82,800,000,000 was spent on 
        nursing home care in the United States and over half of this 
        amount was spent by the Medicaid and Medicare programs.
            (12) Losses to fraud and abuse in health care reportedly 
        cost the United States an estimated $100,000,000,000 in 1996.
            (13) The Inspector General for the Department of Health and 
        Human Services has estimated that about $12,600,000,000 in 
        improper Medicare benefit payments, due to inadvertent mistake, 
        fraud, and abuse were made during fiscal year 1998.
            (14) Incidents of health care fraud and abuse remain common 
        despite awareness of the problem.
    (b) Purposes.--The purposes of this subtitle are to--
            (1) combat nursing home fraud and abuse;
            (2) enhance safeguards for pension plans and health care 
        programs;
            (3) develop strategies for preventing and punishing crimes 
        that target or otherwise disproportionately affect seniors by 
        collecting appropriate data--
                    (A) to measure the extent of crimes committed 
                against seniors; and
                    (B) to determine the extent of domestic and elder 
                abuse of seniors; and
            (4) prevent and deter criminal activity, such as 
        telemarketing fraud, that results in economic and physical harm 
        against seniors, and ensure appropriate restitution.

SEC. 2203. DEFINITIONS.

    In this subtitle:
            (1) Crime.--The term ``crime'' means any criminal offense 
        under Federal or State law.
            (2) Nursing home.--The term ``nursing home'' means any 
        institution or residential care facility defined as such for 
        licensing purposes under State law, or if State law does not 
        employ the term nursing home, the equivalent term or terms as 
        determined by the Secretary of Health and Human Services, 
        pursuant to section 1908(e) of the Social Security Act (42 
        U.S.C. 1396g(e)).
            (3) Senior.--The term ``senior'' means an individual who is 
        more than 55 years of age.

                PART 1--COMBATING CRIMES AGAINST SENIORS

SEC. 2211. ENHANCED SENTENCING PENALTIES BASED ON AGE OF VICTIM.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission (referred to in this section as the ``Commission'') shall 
review and, if appropriate, amend section 3A1.1(a) of the Federal 
sentencing guidelines to include the age of a crime victim as one of 
the criteria for determining whether the application of a sentencing 
enhancement is appropriate.
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the Federal sentencing guidelines and the 
        policy statements of the Commission reflect the serious 
        economic and physical harms associated with criminal activity 
        targeted at seniors due to their particular vulnerability;
            (2) consider providing increased penalties for persons 
        convicted of offenses in which the victim was a senior in 
        appropriate circumstances;
            (3) consult with individuals or groups representing 
        seniors, law enforcement agencies, victims organizations, and 
        the Federal judiciary as part of the review described in 
        subsection (a);
            (4) ensure reasonable consistency with other Federal 
        sentencing guidelines and directives;
            (5) account for any aggravating or mitigating circumstances 
        that may justify exceptions, including circumstances for which 
the Federal sentencing guidelines provide sentencing enhancements;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing set forth in section 
        3553(a)(2) of title 18, United States Code.
    (c) Report.--Not later than December 31, 2003, the Commission shall 
submit to Congress a report on issues relating to the age of crime 
victims, which shall include--
            (1) an explanation of any changes to sentencing policy made 
        by the Commission under this section; and
            (2) any recommendations of the Commission for retention or 
        modification of penalty levels, including statutory penalty 
        levels, for offenses involving seniors.

SEC. 2212. STUDY AND REPORT ON HEALTH CARE FRAUD SENTENCES.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission (referred to in this section as the ``Commission'') shall 
review and, if appropriate, amend the Federal sentencing guidelines and 
the policy statements of the Commission with respect to persons 
convicted of offenses involving fraud in connection with a health care 
benefit program (as defined in section 24(b) of title 18, United States 
Code).
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the Federal sentencing guidelines and the 
        policy statements of the Commission reflect the serious harms 
        associated with health care fraud and the need for aggressive 
        and appropriate law enforcement action to prevent such fraud;
            (2) consider providing increased penalties for persons 
        convicted of health care fraud in appropriate circumstances;
            (3) consult with individuals or groups representing victims 
        of health care fraud, law enforcement agencies, the health care 
        industry, and the Federal judiciary as part of the review 
        described in subsection (a);
            (4) ensure reasonable consistency with other Federal 
        sentencing guidelines and directives;
            (5) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the Federal sentencing guidelines provide sentencing 
        enhancements;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing as set forth in 
        section 3553(a)(2) of title 18, United States Code.
    (c) Report.--Not later than December 31, 2003, the Commission shall 
submit to Congress a report on issues relating to offenses described in 
subsection (a), which shall include--
            (1) an explanation of any changes to sentencing policy made 
        by the Commission under this section; and
            (2) any recommendations of the Commission for retention or 
        modification of penalty levels, including statutory penalty 
        levels, for those offenses.

SEC. 2213. INCREASED PENALTIES FOR FRAUD RESULTING IN SERIOUS INJURY OR 
              DEATH.

    Sections 1341 and 1343 of title 18, United States Code, are each 
amended by inserting before the last sentence the following: ``If the 
violation results in serious bodily injury (as defined in section 
1365), such person shall be fined under this title, imprisoned not more 
than 20 years, or both, and if the violation results in death, such 
person shall be fined under this title, imprisoned for any term of 
years or life, or both.''.

SEC. 2214. SAFEGUARDING PENSION PLANS FROM FRAUD AND THEFT.

    (a) In General.--Chapter 63 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1348. Fraud in relation to retirement arrangements
    ``(a) Definition.--
            ``(1) Retirement arrangement.--In this section, the term 
        `retirement arrangement' means--
                    ``(A) any employee pension benefit plan subject to 
                any provision of title I of the Employee Retirement 
                Income Security Act of 1974;
                    ``(B) any qualified retirement plan within the 
                meaning of section 4974(c) of the Internal Revenue Code 
                of 1986;
                    ``(C) any medical savings account described in 
                section 220 of the Internal Revenue Code of 1986; or
                    ``(D) a fund established within the Thrift Savings 
                Fund by the Federal Retirement Thrift Investment Board 
                pursuant to subchapter III of chapter 84 of title 5.
            ``(2) Certain arrangements included.--The term `retirement 
        arrangement' shall include any arrangement that has been 
        represented to be an arrangement described in any subparagraph 
        of paragraph (1) (whether or not so described).
            ``(3) Exception for governmental plan.--Except as provided 
        in paragraph (1)(D), the term `retirement arrangement' shall 
        not include any governmental plan (as defined in section 3(32) 
        of title I of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1002(32))).
    ``(b) Prohibition and Penalties.--Whoever executes, or attempts to 
execute, a scheme or artifice--
            ``(1) to defraud any retirement arrangement or other person 
        in connection with the establishment or maintenance of a 
        retirement arrangement; or
            ``(2) to obtain, by means of false or fraudulent pretenses, 
        representations, or promises, any of the money or property 
        owned by, or under the custody or control of, any retirement 
        arrangement or other person in connection with the 
        establishment or maintenance of a retirement arrangement;
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(c) Enforcement.--
            ``(1) In general.--Subject to paragraph (2), the Attorney 
        General may investigate any violation of, and otherwise 
        enforce, this section.
            ``(2) Effect on other authority.--Nothing in this 
        subsection may be construed to preclude the Secretary of Labor 
        or the head of any other appropriate Federal agency from 
        investigating a violation of this section in relation to a 
        retirement arrangement subject to title I of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) 
        or any other provision of Federal law.''.
    (b) Technical Amendment.--Section 24(a)(1) of title 18, United 
States Code, is amended by inserting ``1348,'' after ``1347,''.
    (c) Conforming Amendment.--The analysis for chapter 63 of title 18, 
United States Code, is amended by adding at the end the following:

``1348. Fraud in relation to retirement arrangements.''.

SEC. 2215. ADDITIONAL CIVIL PENALTIES FOR DEFRAUDING PENSION PLANS.

    (a) In General.--
            (1) Action by attorney general.--Except as provided in 
        subsection (b)--
                    (A) the Attorney General may bring a civil action 
                in the appropriate district court of the United States 
                against any person who engages in conduct constituting 
                an offense under section 1348 of title 18, United 
                States Code, or conspiracy to violate such section 
                1348; and
                    (B) upon proof of such conduct by a preponderance 
                of the evidence, such person shall be subject to a 
                civil penalty in an amount equal to the greatest of--
                            (i) the amount of pecuniary gain to that 
                        person;
                            (ii) the amount of pecuniary loss sustained 
                        by the victim; or
                            (iii) not more than--
                                    (I) $50,000 for each such violation 
                                in the case of an individual; or
                                    (II) $100,000 for each such 
                                violation in the case of a person other 
                                than an individual.
            (2) No effect on other remedies.--The imposition of a civil 
        penalty under this subsection does not preclude any other 
        statutory, common law, or administrative remedy available by 
law to the United States or any other person.
    (b) Exception.--No civil penalty may be imposed pursuant to 
subsection (a) with respect to conduct involving a retirement 
arrangement that--
            (1) is an employee pension benefit plan subject to title I 
        of the Employee Retirement Income Security Act of 1974; and
            (2) for which the civil penalties may be imposed under 
        section 502 of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1132).
    (c) Determination of Penalty Amount.--In determining the amount of 
the penalty under subsection (a), the district court may consider the 
effect of the penalty on the violator or other person's ability to--
            (1) restore all losses to the victims; or
            (2) provide other relief ordered in another civil or 
        criminal prosecution related to such conduct, including any 
        penalty or tax imposed on the violator or other person pursuant 
        to the Internal Revenue Code of 1986.

SEC. 2216. PUNISHING BRIBERY AND GRAFT IN CONNECTION WITH EMPLOYEE 
              BENEFIT PLANS.

    (a) In General.--Section 1954 of title 18, United States Code, is 
amended to read as follows:
``Sec. 1954. Bribery and graft in connection with employee benefit 
              plans
    ``(a) Definitions.--In this section--
            ``(1) the term `employee benefit plan' means any employee 
        welfare benefit plan or employee pension benefit plan subject 
        to any provision of title I of the Employee Retirement Income 
        Security Act of 1974;
            ``(2) the terms `employee organization', `administrator', 
        and `employee benefit plan sponsor' mean any employee 
        organization, administrator, or plan sponsor, as defined in 
        title I of the Employment Retirement Income Security Act of 
        1974; and
            ``(3) the term `applicable person' means--
                    ``(A) an administrator, officer, trustee, 
                custodian, counsel, agent, or employee of any employee 
                benefit plan;
                    ``(B) an officer, counsel, agent, or employee of an 
                employer or an employer any of whose employees are 
                covered by such plan;
                    ``(C) an officer, counsel, agent, or employee of an 
                employee organization any of whose members are covered 
                by such plan;
                    ``(D) a person who, or an officer, counsel, agent, 
                or employee of an organization that, provides benefit 
                plan services to such plan; or
                    ``(E) a person with actual or apparent influence or 
                decisionmaking authority in regard to such plan.
    ``(b) Bribery and Graft.--Whoever--
            ``(1) being an applicable person, receives or agrees to 
        receive or solicits, any fee, kickback, commission, gift, loan, 
        money, or thing of value, personally or for any other person, 
        because of or with the intent to be corruptly influenced with 
        respect to any action, decision, or duty of that applicable 
        person relating to any question or matter concerning an 
        employee benefit plan;
            ``(2) directly or indirectly, gives or offers, or promises 
        to give or offer, any fee, kickback, commission, gift, loan, 
        money, or thing of value, to any applicable person, because of 
        or with the intent to be corruptly influenced with respect to 
        any action, decision, or duty of that applicable person 
        relating to any question or matter concerning an employee 
        benefit plan; or
            ``(3) attempts to give, accept, or receive any thing of 
        value with the intent to be corruptly influenced in violation 
        of this section;
shall be fined under this title, imprisoned not more than 5 years, or 
both.
    ``(c) Exceptions.--Nothing in this section may be construed to 
apply to any--
            ``(1) payment to, or acceptance by, any person of bona fide 
        salary, compensation, or other payments made for goods or 
        facilities actually furnished or for services actually 
        performed in the regular course of his duties as an applicable 
        person; or
            ``(2) payment to, or acceptance in good faith by, any 
        employee benefit plan sponsor, or person acting on behalf of 
        the sponsor, of anything of value relating to the decision or 
        action of the sponsor to establish, terminate, or modify the 
        governing instruments of an employee benefit plan in a manner 
        that does not violate--
                    ``(A) title I of the Employee Retirement Income 
                Security Act of 1974;
                    ``(B) any regulation or order promulgated under 
                title I of the Employee Retirement Income Security Act 
                of 1974; or
                    ``(C) any other provision of law governing the 
                plan.''.
    (b) Conforming Amendment.--The analysis for chapter 95 of title 18, 
United States Code, is amended by striking the item relating to section 
1954 and inserting the following:

``1954. Bribery and graft in connection with employee benefit plans.''.

                 PART 2--PREVENTING TELEMARKETING FRAUD

SEC. 2221. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR 
              VICTIMS OF TELEMARKETING FRAUD.

    (a) Centralized Service.--
            (1) Requirement.--The Federal Trade Commission shall, after 
        consultation with the Attorney General, establish procedures 
        to--
                    (A) log and acknowledge the receipt of complaints 
                by individuals who certify that they have a reasonable 
                belief that they have been the victim of fraud in 
                connection with the conduct of telemarketing (as that 
                term is defined in section 2325 of title 18, United 
                States Code, as amended by section 2222(a) of this 
                Act);
                    (B) provide to individuals described in 
                subparagraph (A), and to any other persons, information 
                on telemarketing fraud, including--
                            (i) general information on telemarketing 
                        fraud, including descriptions of the most 
                        common telemarketing fraud schemes;
                            (ii) information on means of referring 
                        complaints on telemarketing fraud to 
                        appropriate law enforcement agencies, including 
                        the Director of the Federal Bureau 
of Investigation, the attorneys general of the States, and the national 
toll-free telephone number on telemarketing fraud established by the 
Attorney General; and
                            (iii) information, if available, on the 
                        number of complaints of telemarketing fraud 
                        against particular companies and any record of 
                        convictions for telemarketing fraud by 
                        particular companies for which a specific 
                        request has been made; and
                    (C) refer complaints described in subparagraph (A) 
                to appropriate entities, including State consumer 
                protection agencies or entities and appropriate law 
                enforcement agencies, for potential law enforcement 
                action.
            (2) Central location.--The service under the procedures 
        under paragraph (1) shall be provided at and through a single 
        site selected by the Commission for that purpose.
            (3) Commencement.--The Federal Trade Commission shall 
        commence carrying out the service not later than 1 year after 
        the date of enactment of this Act.
    (b) Creation of Fraud Conviction Database.--
            (1) Establishment.--The Attorney General shall establish 
        and maintain a computer database containing information on the 
        corporations and companies convicted of offenses for 
        telemarketing fraud under Federal and State law.
            (2) Database.--The database established under paragraph (1) 
        shall include a description of the type and method of the fraud 
        scheme for which each corporation or company covered by the 
        database was convicted.
            (3) Use of database.--The Attorney General shall make 
        information in the database available to the Federal Trade 
        Commission for purposes of providing information as part of the 
        service under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 2222. BLOCKING OF TELEMARKETING SCAMS.

    (a) Expansion of Scope of Telemarketing Fraud Subject to Enhanced 
Criminal Penalties.--Section 2325(1) of title 18, United States Code, 
is amended by striking ``telephone calls'' and inserting ``wire 
communications utilizing a telephone service''.
    (b) Blocking or Termination of Telephone Service Associated With 
Telemarketing Fraud.--
            (1) In general.--Chapter 113A of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2328. Blocking or termination of telephone service
    ``(a) Definitions.--In this section:
            ``(1) Reasonable notice to the subscriber.--
                    ``(A) In general.--The term `reasonable notice to 
                the subscriber', in the case of a subscriber of a 
                common carrier, means any information necessary to 
                provide notice to the subscriber that--
                            ``(i) the wire communications facilities 
                        furnished by the common carrier may not be used 
                        for the purpose of transmitting, receiving, 
                        forwarding, or delivering a wire communication 
                        in interstate or foreign commerce for the 
                        purpose of executing any scheme or artifice to 
                        defraud in connection with the conduct of 
                        telemarketing; and
                            ``(ii) such use constitutes sufficient 
                        grounds for the immediate discontinuance or 
                        refusal of the leasing, furnishing, or 
                        maintaining of the facilities to or for the 
                        subscriber.
                    ``(B) Included matter.--The term includes any 
                tariff filed by the common carrier with the Federal 
                Communications Commission that contains the information 
                specified in subparagraph (A).
            ``(2) Wire communication.--The term `wire communication' 
        has the same meaning given that term in section 2510(1).
            ``(3) Wire communications facility.--The term `wire 
        communications facility' means any facility (including 
        instrumentalities, personnel, and services) used by a common 
        carrier for purposes of the transmission, receipt, forwarding, 
        or delivery of wire communications.
    ``(b) Blocking or Terminating Telephone Service.--If a common 
carrier subject to the jurisdiction of the Federal Communications 
Commission is notified in writing by the Attorney General, acting 
within the jurisdiction of the Attorney General, that any wire 
communications facility furnished by that common carrier is being used 
or will be used by a subscriber for the purpose of transmitting or 
receiving a wire communication in interstate or foreign commerce for 
the purpose of executing any scheme or artifice to defraud, or for 
obtaining money or property by means of false or fraudulent pretenses, 
representations, or promises, in connection with the conduct of 
telemarketing, the common carrier shall discontinue or refuse the 
leasing, furnishing, or maintaining of the facility to or for the 
subscriber after reasonable notice to the subscriber.
    ``(c) Prohibition on Damages.--No damages, penalty, or forfeiture, 
whether civil or criminal, shall be found or imposed against any common 
carrier for any act done by the common carrier in compliance with a 
notice received from the Attorney General under this section.
    ``(d) Relief.--
            ``(1) In general.--Nothing in this section may be construed 
        to prejudice the right of any person affected thereby to secure 
        an appropriate determination, as otherwise provided by law, in 
        a Federal court, that--
                    ``(A) the leasing, furnishing, or maintaining of a 
                facility should not be discontinued or refused under 
                this section; or
                    ``(B) the leasing, furnishing, or maintaining of a 
                facility that has been so discontinued or refused 
                should be restored.
            ``(2) Supporting information.--In any action brought under 
        this subsection, the court may direct that the Attorney General 
        present evidence in support of the notice made under subsection 
        (b) to which such action relates.''.
            (2) Conforming amendment.--The analysis for chapter 113A of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``2328. Blocking or termination of telephone service.''.

                  PART 3--PREVENTING HEALTH CARE FRAUD

SEC. 2231. INJUNCTIVE AUTHORITY RELATING TO FALSE CLAIMS AND ILLEGAL 
              KICKBACK SCHEMES INVOLVING FEDERAL HEALTH CARE PROGRAMS.

    (a) In General.--Section 1345(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``, or'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(D) committing or about to commit an offense under 
        section 1128B of the Social Security Act (42 U.S.C. 1320a-
        7b),''; and
            (2) in paragraph (2), by inserting ``a violation of 
        paragraph (1)(D), or'' before ``a banking''.
    (b) Civil Actions.--
            (1) In general.--Section 1128B of the Social Security Act 
        (42 U.S.C. 1320a-7b) is amended by adding at the end the 
        following:
    ``(g) Civil Actions.--
            ``(1) In general.--The Attorney General may bring an action 
        in the appropriate district court of the United States to 
        impose upon any person who carries out any activity in 
        violation of this section with respect to a Federal health care 
        program a civil penalty of not more than $50,000 for each such 
        violation, or damages of 3 times the total remuneration 
        offered, paid, solicited, or received, whichever is greater.
            ``(2) Existence of violation.--A violation exists under 
        paragraph (1) if 1 or more purposes of the remuneration is 
        unlawful, and the damages shall be the full amount of such 
        remuneration.
            ``(3) Procedures.--An action under paragraph (1) shall be 
        governed by--
                    ``(A) the procedures with regard to subpoenas, 
                statutes of limitations, standards of proof, and 
                collateral estoppel set forth in section 3731 of title 
                31, United States Code; and
                    ``(B) the Federal Rules of Civil Procedure.
            ``(4) No effect on other remedies.--Nothing in this section 
        may be construed to affect the availability of any other 
        criminal or civil remedy.
    ``(h) Injunctive Relief.--The Attorney General may commence a civil 
action in an appropriate district court of the United States to enjoin 
a violation of this section, as provided in section 1345 of title 18, 
United States Code.''.
            (2) Conforming amendment.--The heading of section 1128B of 
        the Social Security Act (42 U.S.C. 1320a-7b) is amended by 
        inserting ``AND CIVIL'' after ``CRIMINAL''.

SEC. 2232. AUTHORIZED INVESTIGATIVE DEMAND PROCEDURES.

    Section 3486 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``, or any allegation 
        of fraud or false claims (whether criminal or civil) in 
        connection with a Federal health care program (as defined in 
        section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-
        7b(f))),'' after ``Federal health care offense'' each place it 
        appears; and
            (2) by adding at the end the following:
    ``(f) Privacy Protection.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        record (including any book, paper, document, electronic medium, 
        or other object or tangible thing) produced pursuant to a 
        subpoena issued under this section that contains personally 
        identifiable health information may not be disclosed to any 
        person, except pursuant to a court order under subsection 
        (e)(1).
            ``(2) Exceptions.--A record described in paragraph (1) may 
        be disclosed--
                    ``(A) to an attorney for the Government for use in 
                the performance of the official duty of the attorney 
                (including presentation to a Federal grand jury);
                    ``(B) to government personnel (including personnel 
                of a State or subdivision of a State) as are determined 
                to be necessary by an attorney for the Government to 
                assist an attorney for the Government in the 
                performance of the official duty of that attorney to 
                enforce Federal criminal law;
                    ``(C) as directed by a court preliminarily to, or 
                in connection with, a judicial proceeding;
                    ``(D) as permitted by a court at the request of a 
                defendant in an administrative, civil, or criminal 
                action brought by the United States, upon a showing 
                that grounds may exist for a motion to exclude evidence 
                obtained under this section; or
                    ``(E) at the request of an attorney for the 
                Government, upon a showing that such matters may 
                disclose a violation of State criminal law, to an 
                appropriate official of a State or subdivision of a 
                State for the purpose of enforcing such law.
            ``(3) Manner of court ordered disclosures.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if a court orders the disclosure of 
                any record described in paragraph (1), the disclosure--
                            ``(i) shall be made in such manner, at such 
                        time, and under such conditions as the court 
                        may direct; and
                            ``(ii) shall be undertaken in a manner that 
                        preserves the confidentiality and privacy of 
                        individuals who are the subject of the record.
                    ``(B) Exception.--If disclosure is required by the 
                nature of the proceedings, the attorney for the 
                Government shall request that the presiding judicial or 
                administrative officer enter an order limiting the 
                disclosure of the record to the maximum extent 
                practicable, including redacting the personally 
                identifiable health information from publicly disclosed 
                or filed pleadings or records.
            ``(4) Destruction of records.--Any record described in 
        paragraph (1), and all copies of that record, in whatever form 
        (including electronic), shall be destroyed not later than 90 
        days after the date on which the record is produced, unless 
        otherwise ordered by a court of competent jurisdiction, upon a 
        showing of good cause.
            ``(5) Effect of violation.--Any person who knowingly fails 
        to comply with this subsection may be punished as in contempt 
        of court.
    ``(g) Personally Identifiable Health Information Defined.--In this 
section, the term `personally identifiable health information' means 
any information, including genetic information, demographic 
information, and tissue samples collected from an individual, whether 
oral or recorded in any form or medium, that--
            ``(1) relates to the past, present, or future physical or 
        mental health or condition of an individual, the provision of 
        health care to an individual, or the past, present, or future 
        payment for the provision of health care to an individual; and
            ``(2) either--
                    ``(A) identifies an individual; or
                    ``(B) with respect to which there is a reasonable 
                basis to believe that the information can be used to 
                identify an individual.''.

SEC. 2233. EXTENDING ANTIFRAUD SAFEGUARDS TO THE FEDERAL EMPLOYEE 
              HEALTH BENEFITS PROGRAM.

    Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a-
7b(f)(1)) is amended by striking ``(other than the health insurance 
program under chapter 89 of title 5, United States Code)''.

SEC. 2234. GRAND JURY DISCLOSURE.

    Section 3322 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Grand Jury Disclosure.--Subject to section 3486(f), upon ex 
parte motion of an attorney for the Government showing that a 
disclosure in accordance with that subsection would be of assistance to 
enforce any provision of Federal law, a court may direct the disclosure 
of any matter occurring before a grand jury during an investigation of 
a Federal health care offense (as defined in section 24(a) of this 
title) to an attorney for the Government to use in any investigation or 
civil proceeding relating to fraud or false claims in connection with a 
Federal health care program (as defined in section 1128B(f) of the 
Social Security Act (42 U.S.C. 1320a-7b(f))).''.

SEC. 2235. INCREASING THE EFFECTIVENESS OF CIVIL INVESTIGATIVE DEMANDS 
              IN FALSE CLAIMS INVESTIGATIONS.

    Section 3733 of title 31, United States Code, is amended--
            (1) in subsection (a)(1), in the second sentence, by 
        inserting ``, except to the Deputy Attorney General or to an 
        Assistant Attorney General'' before the period at the end; and
            (2) in subsection (i)(2)(C), by adding at the end the 
        following: ``Disclosure of information to a person who brings a 
        civil action under section 3730, or the counsel of that person, 
        shall be allowed only upon application to a United States 
        district court showing that such disclosure would assist the 
        Department of Justice in carrying out its statutory 
        responsibilities.''.

             PART 4--PROTECTING RESIDENTS OF NURSING HOMES

SEC. 2241. NURSING HOME RESIDENT PROTECTION.

    (a) Protection of Residents in Nursing Homes and Other Residential 
Health Care Facilities.--Chapter 63 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1349. Pattern of violations resulting in harm to residents of 
              nursing homes and related facilities
    ``(a) Definitions.--In this section:
            ``(1) Entity.--The term `entity' means--
                    ``(A) any residential health care facility 
                (including facilities that do not exclusively provide 
                residential health care services);
                    ``(B) any entity that manages a residential health 
                care facility; or
                    ``(C) any entity that owns, directly or indirectly, 
                a controlling interest or a 50 percent or greater 
                interest in 1 or more residential health care 
                facilities including States, localities, and political 
                subdivisions thereof.
            ``(2) Federal health care program.--The term `Federal 
        health care program' has the same meaning given that term in 
        section 1128B(f) of the Social Security Act.
            ``(3) Pattern of violations.--The term `pattern of 
        violations' means multiple violations of a single Federal or 
        State law, regulation, or rule or single violations of multiple 
        Federal or State laws, regulations, or rules, that are 
        widespread, systemic, repeated, similar in nature, or result 
        from a policy or practice.
            ``(4) Residential health care facility.--The term 
        `residential health care facility' means any facility 
        (including any facility that does not exclusively provide 
        residential health care services), including skilled and 
        unskilled nursing facilities and mental health and mental 
        retardation facilities, that--
                    ``(A) receives Federal funds, directly from the 
                Federal Government or indirectly from a third party on 
                contract with or receiving a grant or other monies from 
                the Federal Government, to provide health care; or
                    ``(B) provides health care services in a 
                residential setting and, in any calendar year in which 
                a violation occurs, is the recipient of benefits or 
                payments in excess of $10,000 from a Federal health 
                care program.
            ``(5) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.
    ``(b) Prohibition and Penalties.--Whoever knowingly and willfully 
engages in a pattern of violations that affects the health, safety, or 
care of individuals residing in a residential health care facility or 
facilities, and that results in significant physical or mental harm to 
1 or more of such residents, shall be punished as provided in section 
1347, except that any organization shall be fined not more than 
$2,000,000 per residential health care facility.
    ``(c) Civil Provisions.--
            ``(1) In general.--The Attorney General may bring an action 
        in a district court of the United States to impose on any 
        individual or entity that engages in a pattern of violations 
        that affects the health, safety, or care of individuals 
        residing in a residential health care facility, and that 
        results in physical or mental harm to 1 or more such 
residents--
                    ``(A) a civil penalty; or
                    ``(B) in the case of--
                            ``(i) an individual (other than an owner, 
                        operator, officer, or manager of such a 
                        residential health care facility), not more 
                        than $10,000;
                            ``(ii) an individual who is an owner, 
                        operator, officer, or manager of such a 
                        residential health care facility, not more than 
                        $100,000 for each separate facility involved in 
                        the pattern of violations under this section;
                            ``(iii) a residential health care facility, 
                        not more than $1,000,000 for each pattern of 
                        violations; or
                            ``(iv) an entity, not more than $1,000,000 
                        for each separate residential health care 
                        facility involved in the pattern of violations 
                        owned or managed by that entity.
            ``(2) Other appropriate relief.--If the Attorney General 
        has reason to believe that an individual or entity is engaging 
        in or is about to engage in a pattern of violations that would 
        affect the health, safety, or care of individuals residing in a 
        residential health care facility, and that results in or has 
        the potential to result in physical or mental harm to 1 or more 
        such residents, the Attorney General may petition an 
        appropriate district court of the United States for appropriate 
        equitable and declaratory relief to eliminate the pattern of 
        violations.
            ``(3) Procedures.--In any action under this subsection--
                    ``(A) a subpoena requiring the attendance of a 
                witness at a trial or hearing may be served at any 
                place in the United States;
                    ``(B) the action may not be brought more than 6 
                years after the date on which the violation occurred;
                    ``(C) the United States shall be required to prove 
                each charge by a preponderance of the evidence;
                    ``(D) the civil investigative demand procedures set 
                forth in the Antitrust Civil Process Act (15 U.S.C. 
                1311 et seq.) and regulations promulgated pursuant to 
                that Act shall apply to any investigation; and
                    ``(E) the filing or resolution of a matter shall 
                not preclude any other remedy that is available to the 
                United States or any other person.
    ``(d) Prohibition Against Retaliation.--Any person who is the 
subject of retaliation, either directly or indirectly, for reporting a 
condition that may constitute grounds for relief under this section may 
bring an action in an appropriate district court of the United States 
for damages, attorneys' fees, and other relief.''.
    (b) Authorized Investigative Demand Procedures.--Section 3486(a)(1) 
of title 18, United States Code, as amended by section 2232 of this 
Act, is amended by inserting ``, act or activity involving section 1349 
of this title'' after ``Federal health care offense''.
    (c) Conforming Amendment.--The analysis for chapter 63 of title 18, 
United States Code, is amended by adding at the end the following:

``1349. Pattern of violations resulting in harm to residents of nursing 
                            homes and related facilities.''.

         PART 5--PROTECTING THE RIGHTS OF ELDERLY CRIME VICTIMS

SEC. 2251. USE OF FORFEITED FUNDS TO PAY RESTITUTION TO CRIME VICTIMS 
              AND REGULATORY AGENCIES.

    Section 981(e) of title 18, United States Code, is amended--
            (1) in each of paragraphs (3), (4), and (5), by striking 
        ``in the case of property referred to in subsection (a)(1)(C)'' 
        and inserting ``in the case of property forfeited in connection 
        with an offense resulting in a pecuniary loss to a financial 
        institution or regulatory agency,''; and
            (2) in paragraph (7), by striking ``In the case of property 
        referred to in subsection (a)(1)(D)'' and inserting ``in the 
        case of property forfeited in connection with an offense 
        relating to the sale of assets acquired or held by any Federal 
        financial institution or regulatory agency, or person appointed 
        by such agency, as receiver, conservator, or liquidating agent 
        for a financial institution''.

SEC. 2252. VICTIM RESTITUTION.

    Section 413 of the Controlled Substances Act (21 U.S.C. 853) is 
amended by adding at the end the following:
    ``(r) Victim Restitution.--
            ``(1) Satisfaction of order of restitution.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a defendant may not use property 
                subject to forfeiture under this section to satisfy an 
                order of restitution.
                    ``(B) Exception.--If there are 1 or more 
                identifiable victims entitled to restitution from a 
                defendant, and the defendant has no assets other than 
                the property subject to forfeiture with which to pay 
                restitution to the victim or victims, the attorney for 
                the Government may move to dismiss a forfeiture 
                allegation against the defendant before entry of a 
                judgment of forfeiture in order to allow the property 
                to be used by the defendant to pay restitution in 
                whatever manner the court determines to be appropriate 
                if the court grants the motion. In granting a motion 
                under this subparagraph, the court shall include a 
                provision ensuring that costs associated with the 
                identification, seizure, management, and disposition of 
                the property are recovered by the United States.
            ``(2) Restoration of forfeited property.--
                    ``(A) In general.--If an order of forfeiture is 
                entered pursuant to this section and the defendant has 
                no assets other than the forfeited property to pay 
                restitution to 1 or more identifiable victims who are 
                entitled to restitution, the Government shall restore 
                the forfeited property to the victims pursuant to 
subsection (i)(1) once the ancillary proceeding under subsection (n) 
has been completed and the costs of the forfeiture action have been 
deducted.
                    ``(B) Distribution of property.--On a motion of the 
                attorney for the Government, the court may enter any 
                order necessary to facilitate the distribution of any 
                property restored under this paragraph.
            ``(3) Victim defined.--In this subsection, the term 
        `victim'--
                    ``(A) means a person other than a person with a 
                legal right, title, or interest in the forfeited 
                property sufficient to satisfy the standing 
                requirements of subsection (n)(2) who may be entitled 
                to restitution from the forfeited funds pursuant to 
                section 9.8 of part 9 of title 28, Code of Federal 
                Regulations (or any successor to that regulation); and
                    ``(B) includes any person who is the victim of the 
                offense giving rise to the forfeiture, or of any 
                offense that was part of the same scheme, conspiracy, 
                or pattern of criminal activity, including, in the case 
                of a money laundering offense, any offense constituting 
                the underlying specified unlawful activity.''.

SEC. 2253. BANKRUPTCY PROCEEDINGS NOT USED TO SHIELD ILLEGAL GAINS FROM 
              FALSE CLAIMS.

    (a) Certain Actions Not Stayed by Bankruptcy Proceedings.--
            (1) In general.--Notwithstanding any other provision of 
        law, the commencement or continuation of an action under 
        section 3729 of title 31, United States Code, does not operate 
        as a stay under section 105(a) or 362(a)(1) of title 11, United 
        States Code.
            (2) Conforming amendment.--Section 362(b) of title 11, 
        United States Code, is amended--
                    (A) in paragraph (17), by striking ``or'' at the 
                end;
                    (B) in paragraph (18), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(19) the commencement or continuation of an action under 
        section 3729 of title 31.''.
    (b) Certain Debts Not Dischargeable in Bankruptcy.--Section 523 of 
title 11, United States Code, is amended by adding at the end the 
following:
    ``(f) A discharge under section 727, 1141, 1228(a), 1228(b), or 
1328(b) does not discharge a debtor from a debt owed for violating 
section 3729 of title 31.''.
    (c) Repayment of Certain Debts Considered Final.--
            (1) In general.--Chapter 1 of title 11, United States Code, 
        is amended by adding at the end the following:
``Sec. 111. False claims
    ``No transfer on account of a debt owed to the United States for 
violating section 3729 of title 31, or under a compromise order or 
other agreement resolving such a debt may be avoided under section 544, 
545, 547, 548, 549, 553(b), or 742(a).''.
            (2) Conforming amendment.--The analysis for chapter 1 of 
        title 11, United States Code, is amended by adding at the end 
        the following:

``111. False claims.''.

SEC. 2254. FORFEITURE FOR RETIREMENT OFFENSES.

    (a) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended by adding at the end the following:
    ``(9) Criminal Forfeiture.--
            ``(A) In general.--The court, in imposing a sentence on a 
        person convicted of a retirement offense, shall order the 
        person to forfeit property, real or personal, that constitutes 
        or that is derived, directly or indirectly, from proceeds 
        traceable to the commission of the offense.
            ``(B) Retirement offense defined.--In this paragraph, if a 
        violation, conspiracy, or solicitation relates to a retirement 
        arrangement (as defined in section 1348 of title 18, United 
        States Code), the term `retirement offense' means a violation 
        of--
                    ``(i) section 664, 1001, 1027, 1341, 1343, 1348, 
                1951, 1952, or 1954 of title 18, United States Code; or
                    ``(ii) section 411, 501, or 511 of the Employee 
                Retirement Income Security Act of 1974 (29 U.S.C. 1111, 
                1131, 1141).''.
    (b) Civil Forfeiture.--Section 981(a)(1) of title 18, United States 
Code, is amended by adding at the end the following:
            ``(H) Any property, real or personal, that constitutes or 
        is derived, directly or indirectly, from proceeds traceable to 
        the commission of, criminal conspiracy to violate, or 
        solicitation to commit a crime of violence involving, a 
        retirement offense (as defined in section 982(a)(9)(B)).''.

TITLE III--DETERRING IDENTITY THEFT AND ASSISTING VICTIMS OF CRIME AND 
                           DOMESTIC VIOLENCE

                  Subtitle A--Deterring Identity Theft

               PART 1--IDENTITY THEFT VICTIMS ASSISTANCE

SEC. 3111. SHORT TITLE.

    This part may be cited as the ``Identity Theft Victims Assistance 
Act of 2003''.

SEC. 3112. FINDINGS.

    Congress finds that--
            (1) the crime of identity theft is the fastest growing 
        crime in the United States;
            (2) victims of identity theft often have extraordinary 
        difficulty restoring their credit and regaining control of 
        their identity because of the viral nature of identity theft;
            (3) identity theft may be ruinous to the good name and 
        credit of consumers whose identities are misappropriated, and 
        victims of identity theft may be denied otherwise well-deserved 
        credit, may have to spend enormous time, effort, and sums of 
        money to remedy their circumstances, and may suffer extreme 
        emotional distress including deep depression founded in 
        profound frustration as they address the array of problems that 
        may arise as a result of identity theft;
            (4) victims are often required to contact numerous Federal, 
        State, and local law enforcement agencies, consumer credit 
        reporting agencies, and creditors over many years, as each 
        event of fraud arises;
            (5) the Government, business entities, and credit reporting 
        agencies have a shared responsibility to assist identity theft 
        victims, to mitigate the harm that results from fraud 
        perpetrated in the victim's name;
            (6) victims of identity theft need a nationally 
        standardized means of--
                    (A) reporting identity theft to consumer credit 
                reporting agencies and business entities; and
                    (B) evidencing their true identity and claim of 
                identity theft to consumer credit reporting agencies 
                and business entities;
            (7) one of the greatest law enforcement challenges posed by 
        identity theft is that stolen identities are often used to 
        perpetrate crimes in many different localities in different 
        States, and although identity theft is a Federal crime, most 
        often, State and local law enforcement agencies are responsible 
        for investigating and prosecuting the crimes; and
            (8) the Federal Government should assist State and local 
        law enforcement agencies to effectively combat identity theft 
        and the associated fraud.

SEC. 3113. TREATMENT OF IDENTITY THEFT MITIGATION.

    (a) In General.--Chapter 47 title 18, United States Code, is 
amended by adding after section 1028 the following:
``Sec. 1028A. Treatment of identity theft mitigation
    ``(a) Definitions.--As used in this section--
            ``(1) the term `business entity' means any corporation, 
        trust, partnership, sole proprietorship, or unincorporated 
        association, including any financial service provider, 
        financial information repository, creditor (as that term is 
        defined in section 103 of the Truth in Lending Act (15 U.S.C. 
        1602)), telecommunications, utilities, or other service 
        provider;
            ``(2) the term `consumer' means an individual;
            ``(3) the term `financial information' means information 
        identifiable as relating to an individual consumer that 
        concerns the amount and conditions of the assets, liabilities, 
        or credit of the consumer, including--
                    ``(A) account numbers and balances;
                    ``(B) nonpublic personal information, as that term 
                is defined in section 509 of the Gramm-Leach-Bliley Act 
                (15 U.S.C. 6809); and
                    ``(C) codes, passwords, social security numbers, 
                tax identification numbers, State identifier numbers 
                issued by a State department of licensing, and other 
                information used for the purpose of account access or 
                transaction initiation;
            ``(4) the term `financial information repository' means a 
        person engaged in the business of providing services to 
        consumers who have a credit, deposit, trust, stock, or other 
        financial services account or relationship with that person;
            ``(5) the term `identity theft' means an actual or 
        potential violation of section 1028 or any other similar 
        provision of Federal or State law;
            ``(6) the term `means of identification' has the same 
        meaning given the term in section 1028; and
            ``(7) the term `victim' means a consumer whose means of 
        identification or financial information has been used or 
        transferred (or has been alleged to have been used or 
        transferred) without the authority of that consumer with the 
        intent to commit, or to aid or abet, identity theft or any 
        other violation of law.
    ``(b) Information Available to Victims.--
            ``(1) In general.--A business entity that possesses 
        information relating to an alleged identity theft, or that has 
        entered into a transaction, provided credit, products, goods, 
        or services, accepted payment, or otherwise done business with 
        a person that has made unauthorized use of the means of 
        identification of the victim, shall, not later than 20 days 
        after the receipt of a written request by the victim, meeting 
        the requirements of subsection (c), provide, without charge, a 
        copy of all application and transaction information related to 
        the transaction being alleged as an identity theft to--
                    ``(A) the victim;
                    ``(B) any Federal, State, or local governing law 
                enforcement agency or officer specified by the victim; 
                or
                    ``(C) any law enforcement agency investigating the 
                identity theft and authorized by the victim to take 
                receipt of records provided under this section.
            ``(2) Rule of construction.--
                    ``(A) In general.--No provision of Federal or State 
                law prohibiting the disclosure of financial information 
                by a business entity to third parties shall be used to 
                deny disclosure of information to the victim under this 
                section.
                    ``(B) Limitation.--Except as provided in 
                subparagraph (A), nothing in this section requires a 
                business entity to disclose information that the 
                business entity is otherwise prohibited from disclosing 
                under any other provision of Federal or State law.
    ``(c) Verification of Identity and Claim.--Unless a business 
entity, at its discretion, is otherwise able to verify the identity of 
a victim making a request under subsection (b)(1), the victim shall 
provide to the business entity--
            ``(1) as proof of positive identification--
                    ``(A) the presentation of a government-issued 
                identification card;
                    ``(B) if providing proof by mail, a copy of a 
                government-issued identification card; or
                    ``(C) upon the request of the person seeking 
                business records, the business entity may inform the 
                requesting person of the categories of identifying 
                information that the unauthorized person provided the 
                business entity as personally identifying information, 
                and may require the requesting person to provide 
                identifying information in those categories; and
            ``(2) as proof of a claim of identity theft, at the 
        election of the business entity--
                    ``(A) a copy of a police report evidencing the 
                claim of the victim of identity theft;
                    ``(B) a copy of a standardized affidavit of 
                identity theft developed and made available by the 
                Federal Trade Commission; or
                    ``(C) any affidavit of fact that is acceptable to 
                the business entity for that purpose.
    ``(d) Limitation on Liability.--No business entity may be held 
liable for a disclosure, made in good faith and reasonable judgment, to 
provide information under this section with respect to an individual in 
connection with an identity theft to other business entities, law 
enforcement authorities, victims, or any person alleging to be a 
victim, if--
            ``(1) the business entity complies with subsection (c); and
            ``(2) such disclosure was made--
                    ``(A) for the purpose of detection, investigation, 
                or prosecution of identity theft; or
                    ``(B) to assist a victim in recovery of fines, 
                restitution, rehabilitation of the credit of the 
                victim, or such other relief as may be appropriate.
    ``(e) Authority To Decline To Provide Information.--A business 
entity may decline to provide information under subsection (b) if, in 
the exercise of good faith and reasonable judgment, the business entity 
believes that--
            ``(1) this section does not require disclosure of the 
        information; or
            ``(2) the request for the information is based on a 
        misrepresentation of fact by the victim relevant to the request 
        for information.
    ``(f) No New Recordkeeping Obligation.--Nothing in this section 
creates an obligation on the part of a business entity to obtain, 
retain, or maintain information or records that are not otherwise 
required to be obtained, retained, or maintained in the ordinary course 
of its business or under other applicable law.
    ``(g) Affirmative Defense.--In any civil action brought to enforce 
this section, it is an affirmative defense (which the defendant must 
establish by a preponderance of the evidence) for a business entity to 
file an affidavit or answer stating that--
            ``(1) the business entity has made a reasonably diligent 
        search of its available business records; and
            ``(2) the records requested under this section do not exist 
        or are not available.
    ``(h) No private right of action.--Nothing in this section shall be 
construed to provide a private right of action or claim for relief.
    ``(i) Enforcement.--
            ``(1) Civil actions.--
                    ``(A) In general.--In any case in which the 
                attorney general of a State has reason to believe that 
                an interest of the residents of that State has been, or 
                is threatened to be, adversely affected by a violation 
                of this section by any business entity, the State, as 
                parens patriae, may bring a civil action on behalf of 
                the residents of the State in a district court of the 
                United States of appropriate jurisdiction to--
                            ``(i) enjoin that practice;
                            ``(ii) enforce compliance of this section;
                            ``(iii) obtain damages--
                                    ``(I) in the sum of actual damages, 
                                restitution, and other compensation on 
                                behalf of the residents of the State; 
                                and
                                    ``(II) punitive damages, if the 
                                violation is willful or intentional; 
                                and
                            ``(iv) obtain such other equitable relief 
                        as the court may consider to be appropriate.
                    ``(B) Notice.--Before bringing an action under 
                subparagraph (A), the attorney general of the State 
                involved shall provide to the Attorney General of the 
                United States--
                            ``(i) written notice of the action; and
                            ``(ii) a copy of the complaint for the 
                        action.
            ``(2) Intervention.--
                    ``(A) In general.--On receiving notice of an action 
                under paragraph (1)(B), the Attorney General of the 
                United States shall have the right to intervene in that 
                action.
                    ``(B) Effect of intervention.--If the Attorney 
                General of the United States intervenes in an action 
                under this subsection, the Attorney General shall have 
                the right to be heard with respect to any matter that 
                arises in that action.
                    ``(C) Service of process.--Upon request of the 
                Attorney General of the United States, the attorney 
                general of a State that has filed an action under this 
                subsection shall, pursuant to Rule 4(d)(4) of the 
                Federal Rules of Civil Procedure, serve the Government 
                with--
                            ``(i) a copy of the complaint; and
                            ``(ii) written disclosure of substantially 
                        all material evidence and information in the 
                        possession of the attorney general of the 
                        State.
            ``(3) Construction.--For purposes of bringing any civil 
        action under this subsection, nothing in this section shall be 
        construed to prevent an attorney general of a State from 
        exercising the powers conferred on such attorney general by the 
        laws of that State--
                    ``(A) to conduct investigations;
                    ``(B) to administer oaths or affirmations; or
                    ``(C) to compel the attendance of witnesses or the 
                production of documentary and other evidence.
            ``(4) Actions by the attorney general of the united 
        states.--In any case in which an action is instituted by or on 
        behalf of the Attorney General of the United States for a 
        violation of this section, no State may, during the pendency of 
        that action, institute an action under this subsection against 
        any defendant named in the complaint in that action for 
        violation of that practice.
            ``(5) Venue; service of process.--
                    ``(A) Venue.--Any action brought under this 
                subsection may be brought in the district court of the 
                United States--
                            ``(i) where the defendant resides;
                            ``(ii) where the defendant is doing 
                        business; or
                            ``(iii) that meets applicable requirements 
                        relating to venue under section 1391 of title 
                        28.
                    ``(B) Service of process.--In an action brought 
                under this subsection, process may be served in any 
                district in which the defendant--
                            ``(i) resides;
                            ``(ii) is doing business; or
                            ``(iii) may be found.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of title 18, United States Code, is amended by inserting 
after the item relating to section 1028 the following new item:

``1028A. Treatment of identity theft mitigation.''.

SEC. 3114. AMENDMENTS TO THE FAIR CREDIT REPORTING ACT.

    (a) Consumer Reporting Agency Blocking of Information Resulting 
From Identity Theft.--Section 611 of the Fair Credit Reporting Act (15 
U.S.C. 1681i) is amended by adding at the end the following:
    ``(e) Block of Information Resulting From Identity Theft.--
            ``(1) Block.--Except as provided in paragraph (3) and not 
        later than 30 days after the date of receipt of proof of the 
        identity of a consumer and an official copy of a police report 
        evidencing the claim of the consumer of identity theft, a 
        consumer reporting agency shall block the reporting of any 
        information identified by the consumer in the file of the 
        consumer resulting from the identity theft, so that the 
        information cannot be reported.
            ``(2) Notification.--A consumer reporting agency shall 
        promptly notify the furnisher of information identified by the 
        consumer under paragraph (1)--
                    ``(A) that the information may be a result of 
                identity theft;
                    ``(B) that a police report has been filed;
                    ``(C) that a block has been requested under this 
                subsection; and
                    ``(D) of the effective date of the block.
            ``(3) Authority to decline or rescind.--
                    ``(A) In general.--A consumer reporting agency may 
                decline to block, or may rescind any block, of consumer 
                information under this subsection if--
                            ``(i) in the exercise of good faith and 
                        reasonable judgment, the consumer reporting 
                        agency finds that--
                                    ``(I) the information was blocked 
                                due to a misrepresentation of fact by 
                                the consumer relevant to the request to 
                                block; or
                                    ``(II) the consumer knowingly 
                                obtained possession of goods, services, 
                                or moneys as a result of the blocked 
                                transaction or transactions, or the 
                                consumer should have known that the 
                                consumer obtained possession of goods, 
                                services, or moneys as a result of the 
                                blocked transaction or transactions; or
                            ``(ii) the consumer agrees that the blocked 
                        information or portions of the blocked 
                        information were blocked in error.
                    ``(B) Notification to consumer.--If the block of 
                information is declined or rescinded under this 
                paragraph, the affected consumer shall be notified 
                promptly, in the same manner as consumers are notified 
                of the reinsertion of information under subsection 
                (a)(5)(B).
                    ``(C) Significance of block.--For purposes of this 
                paragraph, if a consumer reporting agency rescinds a 
                block, the presence of information in the file of a 
                consumer prior to the blocking of such information is 
                not evidence of whether the consumer knew or should 
                have known that the consumer obtained possession of any 
                goods, services, or monies as a result of the block.
            ``(4) Exceptions.--
                    ``(A) Negative information data.--A consumer 
                reporting agency shall not be required to comply with 
                this subsection when such agency is issuing information 
                for authorizations, for the purpose of approving or 
                processing negotiable instruments, electronic funds 
                transfers, or similar methods of payment, based solely 
                on negative information, including--
                            ``(i) dishonored checks;
                            ``(ii) accounts closed for cause;
                            ``(iii) substantial overdrafts;
                            ``(iv) abuse of automated teller machines; 
                        or
                            ``(v) other information which indicates a 
                        risk of fraud occurring.
                    ``(B) Resellers.--
                            ``(i) No reseller file.--The provisions of 
                        this subsection do not apply to a consumer 
                        reporting agency if the consumer reporting 
                        agency--
                                    ``(I) does not maintain a file on 
                                the consumer from which consumer 
                                reports are produced;
                                    ``(II) is not, at the time of the 
                                request of the consumer under paragraph 
                                (1), otherwise furnishing or reselling 
                                a consumer report concerning the 
                                information identified by the consumer; 
                                and
                                    ``(III) informs the consumer, by 
                                any means, that the consumer may report 
                                the identity theft to the Federal Trade 
                                Commission to obtain consumer 
                                information regarding identity theft.
                            ``(ii) Reseller with file.--The sole 
                        obligation of the consumer reporting agency 
                        under this subsection, with regard to any 
                        request of a consumer under this subsection, 
                        shall be to block the consumer report 
                        maintained by the consumer reporting agency 
                        from any subsequent use if--
                                    ``(I) the consumer, in accordance 
                                with the provisions of paragraph (1), 
                                identifies, to a consumer reporting 
                                agency, information in the file of the 
                                consumer that resulted from identity 
                                theft;
                                    ``(II) the consumer reporting 
                                agency is acting as a reseller of the 
                                identified information by assembling or 
                                merging information about that consumer 
                                which is contained in the database of 
                                not less than 1 other consumer 
                                reporting agency; and
                                    ``(III) the consumer reporting 
                                agency does not store or maintain a 
                                database of information obtained for 
                                resale from which new consumer reports 
                                are produced.
                            ``(iii) Notice.--In carrying out its 
                        obligation under clause (ii), the consumer 
                        reporting agency shall provide a notice to the 
                        consumer of the decision to block the file. 
                        Such notice shall contain the name, address, 
                        and telephone number of each consumer reporting 
                        agency from which the consumer information was 
                        obtained for resale.''.
    (b) False Claims.--Section 1028 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(j) Any person who knowingly falsely claims to be a victim of 
identity theft for the purpose of obtaining the blocking of information 
by a consumer reporting agency under section 611(e)(1) of the Fair 
Credit Reporting Act (15 U.S.C. 1681i(e)(1)) shall be fined under this 
title, imprisoned not more than 3 years, or both.''.
    (c) Statute of Limitations.--Section 618 of the Fair Credit 
Reporting Act (15 U.S.C. 1681p) is amended to read as follows:

``SEC. 618. JURISDICTION OF COURTS; LIMITATION ON ACTIONS.

    ``(a) In General.--Except as provided in subsections (b) and (c), 
an action to enforce any liability created under this title may be 
brought in any appropriate United States district court without regard 
to the amount in controversy, or in any other court of competent 
jurisdiction, not later than 2 years from the date of the defendant's 
violation of any requirement under this title.
    ``(b) Willful Misrepresentation.--In any case in which the 
defendant has materially and willfully misrepresented any information 
required to be disclosed to an individual under this title, and the 
information misrepresented is material to the establishment of the 
liability of the defendant to that individual under this title, an 
action to enforce a liability created under this title may be brought 
at any time within 2 years after the date of discovery by the 
individual of the misrepresentation.
    ``(c) Identity Theft.--An action to enforce a liability created 
under this title may be brought not later than 4 years from the date of 
the defendant's violation if--
            ``(1) the plaintiff is the victim of an identity theft; or
            ``(2) the plaintiff--
                    ``(A) has reasonable grounds to believe that the 
                plaintiff is the victim of an identity theft; and
                    ``(B) has not materially and willfully 
                misrepresented such a claim.''.

SEC. 3115. COORDINATING COMMITTEE STUDY OF COORDINATION AMONG FEDERAL, 
              STATE, AND LOCAL AUTHORITIES IN ENFORCING IDENTITY THEFT 
              LAWS.

    (a) Membership; Term.--Section 2 of the Internet False 
Identification Prevention Act of 2000 (18 U.S.C. 1028 note) is 
amended--
            (1) in subsection (b), by striking ``and the Commissioner 
        of Immigration and Naturalization'' and inserting ``the 
        Commissioner of Immigration and Naturalization, the Chairman of 
        the Federal Trade Commission, the Postmaster General, and the 
        Commissioner of the United States Customs Service,''; and
            (2) in subsection (c), by striking ``2 years after the 
        effective date of this Act.'' and inserting ``on December 28, 
        2004.''.
    (b) Consultation.--Section 2 of the Internet False Identification 
Prevention Act of 2000 (18 U.S.C. 1028 note) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Consultation.--In discharging its duties, the coordinating 
committee shall consult with interested parties, including State and 
local law enforcement agencies, State attorneys general, 
representatives of business entities, including telecommunications and 
utility companies, and organizations representing consumers.''.
    (c) Report Distribution and Contents.--Section 2(e) of the Internet 
False Identification Prevention Act of 2000 (18 U.S.C. 1028 note) (as 
redesignated by subsection (b)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--The Attorney General and the Secretary 
        of the Treasury, at the end of each year of the existence of 
        the coordinating committee, shall report on the activities of 
        the coordinating committee to--
                    ``(A) the Committee on the Judiciary of the Senate;
                    ``(B) the Committee on the Judiciary of the House 
                of Representatives;
                    ``(C) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate; and
                    ``(D) the Committee on Financial Services of the 
                House of Representatives.'';
            (2) in subparagraph (E), by striking ``and'' at the end; 
        and
            (3) by striking subparagraph (F) and inserting the 
        following:
                    ``(F) a comprehensive description of Federal 
                assistance provided to State and local law enforcement 
                agencies to address identity theft;
                    ``(G) a comprehensive description of coordination 
                activities between Federal, State, and local law 
                enforcement agencies that address identity theft; and
                    ``(H) recommendations in the discretion of the 
                President, if any, for legislative or administrative 
                changes that would--
                            ``(i) facilitate more effective 
                        investigation and prosecution of cases 
                        involving--
                                    ``(I) identity theft; and
                                    ``(II) the creation and 
                                distribution of false identification 
                                documents;
                            ``(ii) improve the effectiveness of Federal 
                        assistance to State and local law enforcement 
                        agencies and coordination between Federal, 
                        State, and local law enforcement agencies; and
                            ``(iii) simplify efforts by a person 
                        necessary to rectify the harm that results from 
                        the theft of the identity of such person.''.

                   PART 2--IDENTITY THEFT PREVENTION

SEC. 3121. SHORT TITLE.

    This part may be cited as the ``Identity Theft Prevention Act of 
2003''.

SEC. 3122. FINDINGS.

    Congress finds that--
            (1) the crime of identity theft has become one of the major 
        law enforcement challenges of the new economy, as vast 
        quantities of sensitive, personal information are now 
        vulnerable to criminal interception and misuse;
            (2) in November 2002, Americans were alerted to the dangers 
        of identity theft when Federal prosecutors announced that 3 
        individuals had allegedly sold the credit and personal 
        information of 30,000 people, the largest single identity theft 
        case in United States history;
            (3) hundreds of thousands of Americans are victims of 
        identity theft each year, resulting in an annual cost to 
        industry of more than $3,500,000,000.
            (4) several indicators reveal that despite increased public 
        awareness of the crime, the number of incidents of identity 
        theft continues to rise;
            (5) in December 2001, the Federal Trade Commission received 
        an average of more than 3,000 identity theft calls per week, a 
        700 percent increase since the Identity Theft Data 
        Clearinghouse began operation in November 1999;
            (6) allegations of social security number fraud increased 
        by 500 percent between 1998 and 2001, from 11,000 to 65,000;
            (7) a national credit reporting agency reported that 
        consumer requests for fraud alerts increased by 53 percent 
        during fiscal year 2001;
            (8) identity theft violates the privacy of American 
        citizens and ruins their good names;
            (9) victims of identity theft may suffer restricted access 
        to credit and diminished employment opportunities, and may 
        spend years repairing the damage to credit histories caused by 
        identity theft;
            (10) businesses and government agencies that handle 
        sensitive personal information of consumers have a 
        responsibility to protect this information from identity 
        thieves; and
            (11) the private sector can better protect consumers by 
        implementing effective fraud alerts, affording greater consumer 
        access to credit reports, truncating of credit card numbers, 
        and establishing other prevention measures.

SEC. 3123. IDENTITY THEFT PREVENTION.

    (a) Changes of Address.--
            (1) Duty of issuers of credit.--Section 132 of the Truth in 
        Lending Act (15 U.S.C. 1642) is amended--
                    (A) by inserting ``(a) In General.--'' before ``No 
                credit''; and
                    (B) by adding at the end the following:
    ``(b) Confirmation of Changes of Address.--If a card issuer 
receives a request for an additional credit card with respect to an 
existing credit account not later than 30 days after receiving 
notification of a change of address for that account, the card issuer 
shall--
            ``(1) not later than 5 days after sending the additional 
        card to the new address, notify the cardholder of the request 
        at both the new address and the former address; and
            ``(2) provide to the cardholder a means of promptly 
        reporting incorrect changes.''.
            (2) Enforcement.--
                    (A) Federal trade commission.--Except as provided 
                in subparagraph (B), compliance with section 132(b) of 
                the Truth in Lending Act (as added by this subsection) 
                shall be enforced by the Federal Trade Commission in 
                the same manner and with the same power and authority 
                as the Commission has under the Fair Debt Collection 
                Practices Act to enforce compliance with that Act.
                    (B) Other agencies in certain cases.--
                            (i) In general.--Compliance with section 
                        132(b) of the Truth in Lending Act shall be 
                        enforced under--
                                    (I) section 8 of the Federal 
                                Deposit Insurance Act, in the case of a 
                                card issuer that is--
                                            (aa) a national bank or a 
                                        Federal branch or Federal 
                                        agency of a foreign bank, by 
                                        the Office of the Comptroller 
                                        of the Currency;
                                            (bb) a member bank of the 
                                        Federal Reserve System (other 
                                        than a national bank), a branch 
                                        or agency of a foreign bank 
                                        (other than a Federal branch, 
                                        Federal agency, or insured 
                                        State branch of a foreign 
                                        bank), a commercial lending 
                                        company owned or controlled by 
                                        a foreign bank, or an 
                                        organization operating under 
                                        section 25 or 25A of the 
                                        Federal Reserve Act, by the 
                                        Board of Governors of the 
                                        Federal Reserve System;
                                            (cc) a bank insured by the 
                                        Federal Deposit Insurance 
                                        Corporation (other than a 
                                        member of the Federal Reserve 
                                        System or a national nonmember 
                                        bank) or an insured State 
                                        branch of a foreign bank, by 
                                        the Board of Directors of the 
                                        Federal Deposit Insurance 
                                        Corporation; and
                                            (dd) a savings association, 
                                        the deposits of which are 
                                        insured by the Federal Deposit 
                                        Insurance Corporation, by the 
                                        Director of the Office of 
                                        Thrift Supervision; and
                                    (II) the Federal Credit Union Act, 
                                by the Administrator of the National 
                                Credit Union Administration in the case 
                                of a card issuer that is a Federal 
                                credit union, as defined in that Act.
                    (C) Violations treated as violations of other 
                laws.--
                            (i) In general.--For the purpose of the 
                        exercise by any agency referred to in this 
                        paragraph of its powers under any Act referred 
                        to in this paragraph, a violation of section 
                        132(b) of the Truth in Lending Act (as added by 
                        this subsection) shall be deemed to be a 
                        violation of a requirement imposed under that 
                        Act.
                            (ii) Agency authority.--In addition to its 
                        powers under any provision of law specifically 
                        referred to in subparagraph (A) or (B), each of 
                        the agencies referred to in those subparagraphs 
                        may exercise, for the purpose of enforcing 
                        compliance with section 132(b) of the Truth in 
                        Lending Act, any other authority conferred on 
                        such agency by law.
    (b) Fraud Alerts.--Section 605 of the Fair Credit Reporting Act (15 
U.S.C. 1681c) is amended by adding at the end the following:
    ``(g) Fraud Alerts.--
            ``(1) Defined term.--In this subsection, the term `fraud 
        alert' means a statement in the file of a consumer that 
notifies all prospective users of a consumer report made with respect 
to that consumer that--
                    ``(A) the consumer's identity may have been used, 
                without the consumer's consent, to fraudulently obtain 
                goods or services in the consumer's name; and
                    ``(B) the consumer does not authorize the issuance 
                or extension of credit in the name of the consumer 
                unless the issuer of such credit--
                            ``(i) obtains express preauthorization from 
                        the consumer at a telephone number designated 
                        by the consumer; or
                            ``(ii) utilizes another reasonable means of 
                        communications to obtain the express 
                        preauthorization of the consumer.
            ``(2) Inclusion of fraud alert in consumer file.--Upon the 
        request of a consumer and upon receiving proper identification, 
        a consumer reporting agency shall include a fraud alert in the 
        file of that consumer.
            ``(3) Notice sent by consumer reporting agencies.--A 
        consumer reporting agency shall notify each person procuring 
        consumer credit information with respect to a consumer of the 
        existence of a fraud alert in the file of that consumer, 
        regardless of whether a full credit report, credit score, or 
        summary report is requested.
            ``(4) Procedures to receive fraud alerts.--Any person who 
        uses a consumer credit report in connection with a credit 
        transaction shall establish reasonable procedures to receive 
        fraud alerts transmitted by consumer reporting agencies.
            ``(5) Violations.--
                    ``(A) Consumer reporting agency.--Any consumer 
                reporting agency that fails to notify any user of a 
                consumer credit report of the existence of a fraud 
                alert in that report shall be in violation of this 
                section.
                    ``(B) User of a consumer report.--Any user of a 
                consumer report that fails to comply with 
                preauthorization procedures contained in a fraud alert 
                and issues or extends credit in the name of the 
                consumer to a person other than the consumer shall be 
                in violation of this section.
            ``(6) Exceptions.--
                    ``(A) Resellers.--
                            ``(i) In general.--The provisions of this 
                        subsection do not apply to a consumer reporting 
                        agency that acts as a reseller of information 
                        by assembling and merging information contained 
                        in the database of another consumer reporting 
                        agency or multiple consumer reporting agencies, 
                        and does not maintain a permanent database of 
                        the assembled or merged information from which 
                        new consumer reports are produced.
                            ``(ii) Limitation.--A reseller of assembled 
                        or merged information shall preserve any fraud 
                        alert placed on a consumer report by another 
                        consumer reporting agency.
                    ``(B) Exempt institutions.--The requirement under 
                this subsection to place a fraud alert in a consumer 
                file shall not apply to--
                            ``(i) a check services company, which 
                        issues authorizations for the purpose of 
                        approving or processing negotiable instruments, 
                        electronic funds transfers, or similar methods 
                        of payments; or
                            ``(ii) a demand deposit account information 
                        service company, which issues reports regarding 
                        account closures due to fraud, substantial 
                        overdrafts, ATM abuse, or similar negative 
                        information regarding a consumer, to inquiring 
                        banks or other financial institutions for use 
                        only in reviewing a consumer request for a 
                        demand deposit account at the inquiring bank or 
                        financial institution.''.

SEC. 3124. TRUNCATION OF CREDIT CARD ACCOUNT NUMBERS.

    (a) In General.--Except as provided in this section, no person, 
firm, partnership, association, corporation, or limited liability 
company that accepts credit cards for the transaction of business shall 
print more than the last 5 digits of the credit card account number or 
the expiration date upon any receipt provided to the cardholder.
    (b) Limitation.--This section--
            (1) applies only to receipts that are electronically 
        printed; and
            (2) does not apply to transactions in which the sole means 
        of recording the cardholder's credit card account number is by 
        handwriting or by an imprint or copy of the credit card.
    (c) Effective Date.--This section shall take effect--
            (1) on the date that is 4 years after the date of enactment 
        of this Act, with respect to any cash register or other machine 
        or device that electronically prints receipts for credit card 
        transactions that is in use prior to the date of enactment of 
        this Act; and
            (2) on the date that is 18 months after the date of 
        enactment of this Act, with respect to any cash register or 
        other machine or device that electronically prints receipts for 
        credit card transactions that is first put into use on or after 
        the date of enactment of this Act.
    (d) Effect on State Law.--Nothing in this section prevents a State 
from imposing requirements that are the same or substantially similar 
to the requirements of this section at any time before the effective 
date of this section.

SEC. 3125. FREE ANNUAL CREDIT REPORT.

    Section 612(c) of the Fair Credit Reporting Act (15 U.S.C. 
1681j(c)) is amended to read as follows:
    ``(c) Free Annual Disclosure.--Upon the request of the consumer and 
without charge to the consumer, a consumer reporting agency shall make 
all the disclosures listed under section 609 once during any 12-month 
period.''.

            PART 3--SOCIAL SECURITY NUMBER MISUSE PREVENTION

SEC. 3131. SHORT TITLE.

    This part may be cited as the ``Social Security Number Misuse 
Prevention Act of 2003''.

SEC. 3132. FINDINGS.

    Congress makes the following findings:
            (1) The inappropriate display, sale, or purchase of social 
        security numbers has contributed to a growing range of illegal 
        activities, including fraud, identity theft, and, in some 
        cases, stalking and other violent crimes.
            (2) While financial institutions, health care providers, 
        and other entities have often used social security numbers to 
        confirm the identity of an individual, the general display to 
        the public, sale, or purchase of these numbers has been used to 
        commit crimes, and also can result in serious invasions of 
        individual privacy.
            (3) The Federal Government requires virtually every 
        individual in the United States to obtain and maintain a social 
        security number in order to pay taxes, to qualify for social 
        security benefits, or to seek employment. An unintended 
        consequence of these requirements is that social security 
        numbers have become one of the tools that can be used to 
        facilitate crime, fraud, and invasions of the privacy of the 
        individuals to whom the numbers are assigned. Because the 
        Federal Government created and maintains this system, and 
        because the Federal Government does not permit individuals to 
        exempt themselves from those requirements, it is appropriate 
        for the Federal Government to take steps to stem the abuse of 
        social security numbers.
            (4) The display, sale, or purchase of social security 
        numbers in no way facilitates uninhibited, robust, and wide-
        open public debate, and restrictions on such display, sale, or 
        purchase would not affect public debate.
            (5) No one should seek to profit from the display, sale, or 
        purchase of social security numbers in circumstances that 
        create a substantial risk of physical, emotional, or financial 
        harm to the individuals to whom those numbers are assigned.
            (6) Consequently, this part provides each individual that 
        has been assigned a social security number some degree of 
        protection from the display, sale, and purchase of that number 
        in any circumstance that might facilitate unlawful conduct.

SEC. 3133. PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF SOCIAL 
              SECURITY NUMBERS.

    (a) Prohibition.--
            (1) In general.--Chapter 47 of title 18, United States 
        Code, is amended by inserting after section 1028 the following:
``Sec. 1028A. Prohibition of the display, sale, or purchase of social 
              security numbers
    ``(a) Definitions.--In this section:
            ``(1) Display.--The term `display' means to intentionally 
        communicate or otherwise make available (on the Internet or in 
        any other manner) to the general public an individual's social 
        security number.
            ``(2) Person.--The term `person' means any individual, 
        partnership, corporation, trust, estate, cooperative, 
        association, or any other entity.
            ``(3) Purchase.--The term `purchase' means providing 
        directly or indirectly, anything of value in exchange for a 
        social security number.
            ``(4) Sale.--The term `sale' means obtaining, directly or 
        indirectly, anything of value in exchange for a social security 
        number.
            ``(5) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the United States Virgin Islands, 
        Guam, American Samoa, and any territory or possession of the 
        United States.
    ``(b) Limitation on Display.--Except as provided in section 1028B, 
no person may display any individual's social security number to the 
general public without the affirmatively expressed consent of the 
individual.
    ``(c) Limitation on Sale or Purchase.--Except as otherwise provided 
in this section, no person may sell or purchase any individual's social 
security number without the affirmatively expressed consent of the 
individual.
    ``(d) Prerequisites for Consent.--In order for consent to exist 
under subsection (b) or (c), the person displaying or seeking to 
display, selling or attempting to sell, or purchasing or attempting to 
purchase, an individual's social security number shall--
            ``(1) inform the individual of the general purpose for 
        which the number will be used, the types of persons to whom the 
        number may be available, and the scope of transactions 
        permitted by the consent; and
            ``(2) obtain the affirmatively expressed consent 
        (electronically or in writing) of the individual.
    ``(e) Exceptions.--Nothing in this section shall be construed to 
prohibit or limit the display, sale, or purchase of a social security 
number--
            ``(1) required, authorized, or excepted under any Federal 
        law;
            ``(2) for a public health purpose, including the protection 
        of the health or safety of an individual in an emergency 
        situation;
            ``(3) for a national security purpose;
            ``(4) for a law enforcement purpose, including the 
        investigation of fraud and the enforcement of a child support 
        obligation;
            ``(5) if the display, sale, or purchase of the number is 
        for a use occurring as a result of an interaction between 
        businesses, governments, or business and government (regardless 
        of which entity initiates the interaction), including, but not 
        limited to--
                    ``(A) the prevention of fraud (including fraud in 
                protecting an employee's right to employment benefits);
                    ``(B) the facilitation of credit checks or the 
                facilitation of background checks of employees, 
                prospective employees, or volunteers;
                    ``(C) the retrieval of other information from other 
                businesses, commercial enterprises, government 
                entities, or private nonprofit organizations; or
                    ``(D) when the transmission of the number is 
                incidental to, and in the course of, the sale, lease, 
                franchising, or merger of all, or a portion of, a 
                business;
            ``(6) if the transfer of such a number is part of a data 
        matching program involving a Federal, State, or local agency; 
        or
            ``(7) if such number is required to be submitted as part of 
        the process for applying for any type of Federal, State, or 
        local government benefit or program;
except that, nothing in this subsection shall be construed as 
permitting a professional or commercial user to display or sell a 
social security number to the general public.
    ``(f) Limitation.--Nothing in this section shall prohibit or limit 
the display, sale, or purchase of social security numbers as permitted 
under title V of the Gramm-Leach-Bliley Act, or for the purpose of 
affiliate sharing as permitted under the Fair Credit Reporting Act, 
except that no entity regulated under such Acts may make social 
security numbers available to the general public, as may be determined 
by the appropriate regulators under such Acts. For purposes of this 
subsection, the general public shall not include affiliates or 
unaffiliated third-party business entities as may be defined by the 
appropriate regulators.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        47 of title 18, United States Code, is amended by inserting 
        after the item relating to section 1028 the following:

``1028A. Prohibition of the display, sale, or purchase of social 
                            security numbers.''.
    (b) Study; Report.--
            (1) In general.--The Attorney General shall conduct a study 
        and prepare a report on all of the uses of social security 
        numbers permitted, required, authorized, or excepted under any 
        Federal law. The report shall include a detailed description of 
        the uses allowed as of the date of enactment of this Act and 
        shall evaluate whether such uses should be continued or 
        discontinued by appropriate legislative action.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General shall report to 
        Congress findings under this subsection. The report shall 
        include such recommendations for legislation based on criteria 
        the Attorney General determines to be appropriate.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 30 days after the date on which the final 
regulations promulgated under section 3135 are published in the Federal 
Register.

SEC. 3134. APPLICATION OF PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE 
              OF SOCIAL SECURITY NUMBERS TO PUBLIC RECORDS.

    (a) Public Records Exception.--
            (1) In general.--Chapter 47 of title 18, United States Code 
        (as amended by section 3(a)(1)), is amended by inserting after 
        section 1028A the following:
``Sec. 1028B. Display, sale, or purchase of public records containing 
              social security numbers
    ``(a) Definition.--In this section, the term `public record' means 
any governmental record that is made available to the general public.
    ``(b) In General.--Except as provided in subsections (c), (d), and 
(e), section 1028A shall not apply to a public record.
    ``(c) Public Records on the Internet or in an Electronic Medium.--
            ``(1) In general.--Section 1028A shall apply to any public 
        record first posted onto the Internet or provided in an 
        electronic medium by, or on behalf of a government entity after 
        the date of enactment of this section, except as limited by the 
        Attorney General in accordance with paragraph (2).
            ``(2) Exception for government entities already placing 
        public records on the internet or in electronic form.--Not 
        later than 60 days after the date of enactment of this section, 
        the Attorney General shall issue regulations regarding the 
        applicability of section 1028A to any record of a category of 
        public records first posted onto the Internet or provided in an 
        electronic medium by, or on behalf of a government entity prior 
        to the date of enactment of this section. The regulations will 
        determine which individual records within categories of records 
        of these government entities, if any, may continue to be posted 
        on the Internet or in electronic form after the effective date 
        of this section. In promulgating these regulations, the 
        Attorney General may include in the regulations a set of 
        procedures for implementing the regulations and shall consider 
        the following:
                    ``(A) The cost and availability of technology 
                available to a governmental entity to redact social 
                security numbers from public records first provided in 
                electronic form after the effective date of this 
                section.
                    ``(B) The cost or burden to the general public, 
                businesses, commercial enterprises, non-profit 
                organizations, and to Federal, State, and local 
                governments of complying with section 1028A with 
                respect to such records.
                    ``(C) The benefit to the general public, 
                businesses, commercial enterprises, non-profit 
                organizations, and to Federal, State, and local 
                governments if the Attorney General were to determine 
                that section 1028A should apply to such records.
        Nothing in the regulation shall permit a public entity to post 
        a category of public records on the Internet or in electronic 
        form after the effective date of this section if such category 
        had not been placed on the Internet or in electronic form prior 
        to such effective date.
    ``(d) Harvested Social Security Numbers.--Section 1028A shall apply 
to any public record of a government entity which contains social 
security numbers extracted from other public records for the purpose of 
displaying or selling such numbers to the general public.
    ``(e) Attorney General Rulemaking on Paper Records.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of this section, the Attorney General shall determine 
        the feasibility and advisability of applying section 1028A to 
        the records listed in paragraph (2) when they appear on paper 
        or on another nonelectronic medium. If the Attorney General 
        deems it appropriate, the Attorney General may issue 
        regulations applying section 1028A to such records.
            ``(2) List of paper and other nonelectronic records.--The 
        records listed in this paragraph are as follows:
                    ``(A) Professional or occupational licenses.
                    ``(B) Marriage licenses.
                    ``(C) Birth certificates.
                    ``(D) Death certificates.
                    ``(E) Other short public documents that display a 
                social security number in a routine and consistent 
                manner on the face of the document.
            ``(3) Criteria for attorney general review.--In determining 
        whether section 1028A should apply to the records listed in 
        paragraph (2), the Attorney General shall consider the 
        following:
                    ``(A) The cost or burden to the general public, 
                businesses, commercial enterprises, non-profit 
                organizations, and to Federal, State, and local 
                governments of complying with section 1028A.
                    ``(B) The benefit to the general public, 
                businesses, commercial enterprises, non-profit 
                organizations, and to Federal, State, and local 
                governments if the Attorney General were to determine 
                that section 1028A should apply to such records.''.
            (2) Conforming Amendment.--The chapter analysis for chapter 
        47 of title 18, United States Code (as amended by section 
        3(a)(2)), is amended by inserting after the item relating to 
        section 1028A the following:

``1028B. Display, sale, or purchase of public records containing social 
                            security numbers.''.
    (b) Study and Report on Social Security Numbers in Public 
Records.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study and prepare a report on social security 
        numbers in public records. In developing the report, the 
        Comptroller General shall consult with the Administrative 
        Office of the United States Courts, State and local governments 
        that store, maintain, or disseminate public records, and other 
        stakeholders, including members of the private sector who 
        routinely use public records that contain social security 
        numbers.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to Congress a report on the study conducted 
        under paragraph (1). The report shall include a detailed 
        description of the activities and results of the study and 
        recommendations for such legislative action as the Comptroller 
        General considers appropriate. The report, at a minimum, shall 
        include--
                    (A) a review of the uses of social security numbers 
                in non-federal public records;
                    (B) a review of the manner in which public records 
                are stored (with separate reviews for both paper 
                records and electronic records);
                    (C) a review of the advantages or utility of public 
                records that contain social security numbers, including 
                the utility for law enforcement, and for the promotion 
                of homeland security;
                    (D) a review of the disadvantages or drawbacks of 
                public records that contain social security numbers, 
                including criminal activity, compromised personal 
                privacy, or threats to homeland security;
                    (E) the costs and benefits for State and local 
                governments of removing social security numbers from 
                public records, including a review of current 
                technologies and procedures for removing social 
                security numbers from public records; and
                    (F) an assessment of the benefits and costs to 
                businesses, their customers, and the general public of 
                prohibiting the display of social security numbers on 
                public records (with separate assessments for both 
                paper records and electronic records).
    (c) Effective Date.--The prohibition with respect to electronic 
versions of new classes of public records under section 1028B(b) of 
title 18, United States Code (as added by subsection (a)(1)) shall not 
take effect until the date that is 60 days after the date of enactment 
of this Act.

SEC. 3135. RULEMAKING AUTHORITY OF THE ATTORNEY GENERAL.

    (a) In General.--Except as provided in subsection (b), the Attorney 
General may prescribe such rules and regulations as the Attorney 
General deems necessary to carry out the provisions of section 
1028A(e)(5) of title 18, United States Code (as added by section 
3133(a)(1)).
    (b) Display, Sale, or Purchase Rulemaking With Respect to 
Interactions Between Businesses, Governments, or Business and 
Government.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Commissioner of Social Security, the Chairman of the 
        Federal Trade Commission, and such other heads of Federal 
        agencies as the Attorney General determines appropriate, shall 
        conduct such rulemaking procedures in accordance with 
        subchapter II of chapter 5 of title 5, United States Code, as 
        are necessary to promulgate regulations to implement and 
        clarify the uses occurring as a result of an interaction 
        between businesses, governments, or business and government 
        (regardless of which entity initiates the interaction) 
        permitted under section 1028A(e)(5) of title 18, United States 
        Code (as added by section 3133(a)(1)).
            (2) Factors to be considered.--In promulgating the 
        regulations required under paragraph (1), the Attorney General 
        shall, at a minimum, consider the following:
                    (A) The benefit to a particular business, to 
                customers of the business, and to the general public of 
                the display, sale, or purchase of an individual's 
                social security number.
                    (B) The costs that businesses, customers of 
                businesses, and the general public may incur as a 
                result of prohibitions on the display, sale, or 
                purchase of social security numbers.
                    (C) The risk that a particular business practice 
                will promote the use of a social security number to 
                commit fraud, deception, or crime.
                    (D) The presence of adequate safeguards and 
                procedures to prevent--
                            (i) misuse of social security numbers by 
                        employees within a business; and
                            (ii) misappropriation of social security 
                        numbers by the general public, while permitting 
                        internal business uses of such numbers.
                    (E) The presence of procedures to prevent identity 
                thieves, stalkers, and other individuals with ill 
                intent from posing as legitimate businesses to obtain 
                social security numbers.

SEC. 3136. TREATMENT OF SOCIAL SECURITY NUMBERS ON GOVERNMENT 
              DOCUMENTS.

    (a) Prohibition of Use of Social Security Account Numbers on Checks 
Issued for Payment by Governmental Agencies.--
            (1) In general.--Section 205(c)(2)(C) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at 
        the end the following:
    ``(x) No Federal, State, or local agency may display the social 
security account number of any individual, or any derivative of such 
number, on any check issued for any payment by the Federal, State, or 
local agency.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply with respect to violations of section 
        205(c)(2)(C)(x) of the Social Security Act (42 U.S.C. 
        405(c)(2)(C)(x)), as added by paragraph (1), occurring after 
        the date that is 3 years after the date of enactment of this 
        Act.
    (b) Prohibition of Appearance of Social Security Account Numbers on 
Driver's Licenses or Motor Vehicle Registration.--
            (1) In general.--Section 205(c)(2)(C)(vi) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
                    (A) by inserting ``(I)'' after ``(vi)''; and
                    (B) by adding at the end the following:
    ``(II)(aa) An agency of a State (or political subdivision thereof), 
in the administration of any driver's license or motor vehicle 
registration law within its jurisdiction, may not display the social 
security account numbers issued by the Commissioner of Social Security, 
or any derivative of such numbers, on the face of any driver's license 
or motor vehicle registration or any other document issued by such 
State (or political subdivision thereof) to an individual for purposes 
of identification of such individual.
    ``(bb) Nothing in this subclause shall be construed as precluding 
an agency of a State (or political subdivision thereof), in the 
administration of any driver's license or motor vehicle registration 
law within its jurisdiction, from using a social security account 
number for an internal use or to link with the database of an agency of 
another State that is responsible for the administration of any 
driver's license or motor vehicle registration law.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to licenses, registrations, and other 
        documents issued or reissued after the date that is 1 year 
        after the date of enactment of this Act.
    (c) Prohibition of Inmate Access to Social Security Account 
Numbers.--
            (1) In general.--Section 205(c)(2)(C) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by subsection 
        (b)) is amended by adding at the end the following:
    ``(xi) No Federal, State, or local agency may employ, or enter into 
a contract for the use or employment of, prisoners in any capacity that 
would allow such prisoners access to the social security account 
numbers of other individuals. For purposes of this clause, the term 
`prisoner' means an individual confined in a jail, prison, or other 
penal institution or correctional facility pursuant to such 
individual's conviction of a criminal offense.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply with respect to employment of prisoners, or entry 
        into contract with prisoners, after the date that is 1 year 
        after the date of enactment of this Act.

SEC. 3137. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER 
              FOR CONSUMER TRANSACTIONS.

    (a) In General.--Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by adding at the end the following:

``SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER 
              FOR CONSUMER TRANSACTIONS.

    ``(a) In General.--A commercial entity may not require an 
individual to provide the individual's social security number when 
purchasing a commercial good or service or deny an individual the good 
or service for refusing to provide that number except--
            ``(1) for any purpose relating to--
                    ``(A) obtaining a consumer report for any purpose 
                permitted under the Fair Credit Reporting Act;
                    ``(B) a background check of the individual 
                conducted by a landlord, lessor, employer, voluntary 
                service agency, or other entity as determined by the 
                Attorney General;
                    ``(C) law enforcement; or
                    ``(D) a Federal, State, or local law requirement; 
                or
            ``(2) if the social security number is necessary to verify 
        the identity of the consumer to effect, administer, or enforce 
        the specific transaction requested or authorized by the 
        consumer, or to prevent fraud.
    ``(b) Application of Civil Money Penalties.--A violation of this 
section shall be deemed to be a violation of section 1129(a)(3)(F).
    ``(c) Application of Criminal Penalties.--A violation of this 
section shall be deemed to be a violation of section 208(a)(8).
    ``(d) Limitation on Class Actions.--No class action alleging a 
violation of this section shall be maintained under this section by an 
individual or any private party in Federal or State court.
    ``(e) State Attorney General Enforcement.--
            ``(1) In general.--
                    ``(A) Civil actions.--In any case in which the 
                attorney general of a State has reason to believe that 
                an interest of the residents of that State has been or 
                is threatened or adversely affected by the engagement 
                of any person in a practice that is prohibited under 
                this section, the State, as parens patriae, may bring a 
                civil action on behalf of the residents of the State in 
                a district court of the United States of appropriate 
                jurisdiction to--
                            ``(i) enjoin that practice;
                            ``(ii) enforce compliance with such 
                        section;
                            ``(iii) obtain damages, restitution, or 
                        other compensation on behalf of residents of 
                        the State; or
                            ``(iv) obtain such other relief as the 
                        court may consider appropriate.
                    ``(B) Notice.--
                            ``(i) In general.--Before filing an action 
                        under subparagraph (A), the attorney general of 
                        the State involved shall provide to the 
                        Attorney General--
                                    ``(I) written notice of the action; 
                                and
                                    ``(II) a copy of the complaint for 
                                the action.
                            ``(ii) Exemption.--
                                    ``(I) In general.--Clause (i) shall 
                                not apply with respect to the filing of 
                                an action by an attorney general of a 
                                State under this subsection, if the 
                                State attorney general determines that 
                                it is not feasible to provide the 
                                notice described in such subparagraph 
                                before the filing of the action.
                                    ``(II) Notification.--With respect 
                                to an action described in subclause 
                                (I), the attorney general of a State 
                                shall provide notice and a copy of the 
                                complaint to the Attorney General at 
                                the same time as the State attorney 
                                general files the action.
            ``(2) Intervention.--
                    ``(A) In general.--On receiving notice under 
                paragraph (1)(B), the Attorney General shall have the 
                right to intervene in the action that is the subject of 
                the notice.
                    ``(B) Effect of intervention.--If the Attorney 
                General intervenes in the action under paragraph (1), 
                the Attorney General shall have the right to be heard 
                with respect to any matter that arises in that action.
            ``(3) Construction.--For purposes of bringing any civil 
        action under paragraph (1), nothing in this section shall be 
        construed to prevent an attorney general of a State from 
        exercising the powers conferred on such attorney general by the 
        laws of that State to--
                    ``(A) conduct investigations;
                    ``(B) administer oaths or affirmations; or
                    ``(C) compel the attendance of witnesses or the 
                production of documentary and other evidence.
            ``(4) Actions by the attorney general of the united 
        states.--In any case in which an action is instituted by or on 
        behalf of the Attorney General for violation of a practice that 
        is prohibited under this section, no State may, during the 
        pendency of that action, institute an action under paragraph 
        (1) against any defendant named in the complaint in that action 
        for violation of that practice.
            ``(5) Venue; service of process.--
                    ``(A) Venue.--Any action brought under paragraph 
                (1) may be brought in the district court of the United 
                States that meets applicable requirements relating to 
                venue under section 1391 of title 28, United States 
                Code.
                    ``(B) Service of process.--In an action brought 
                under paragraph (1), process may be served in any 
                district in which the defendant--
                            ``(i) is an inhabitant; or
                            ``(ii) may be found.
    ``(f) Sunset.--This section shall not apply on or after the date 
that is 6 years after the effective date of this section.''.
    (b) Evaluation and Report.--Not later than the date that is 6 years 
and 6 months after the date of enactment of this Act, the Attorney 
General, in consultation with the chairman of the Federal Trade 
Commission, shall issue a report evaluating the effectiveness and 
efficiency of section 1150A of the Social Security Act (as added by 
subsection (a)) and shall make recommendations to Congress as to any 
legislative action determined to be necessary or advisable with respect 
to such section, including a recommendation regarding whether to 
reauthorize such section.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to requests to provide a social security number occurring after 
the date that is 1 year after the date of enactment of this Act.

SEC. 3138. EXTENSION OF CIVIL MONETARY PENALTIES FOR MISUSE OF A SOCIAL 
              SECURITY NUMBER.

    (a) Treatment of Withholding of Material Facts.--
            (1) Civil penalties.--The first sentence of section 
        1129(a)(1) of the Social Security Act (42 U.S.C. 1320a-8(a)(1)) 
        is amended--
                    (A) by striking ``who'' and inserting ``who--'';
                    (B) by striking ``makes'' and all that follows 
                through ``shall be subject to'' and inserting the 
                following:
            ``(A) makes, or causes to be made, a statement or 
        representation of a material fact, for use in determining any 
        initial or continuing right to or the amount of monthly 
        insurance benefits under title II or benefits or payments under 
        title VIII or XVI, that the person knows or should know is 
        false or misleading;
            ``(B) makes such a statement or representation for such use 
        with knowing disregard for the truth; or
            ``(C) omits from a statement or representation for such 
        use, or otherwise withholds disclosure of, a fact which the 
        individual knows or should know is material to the 
        determination of any initial or continuing right to or the 
        amount of monthly insurance benefits under title II or benefits 
        or payments under title VIII or XVI and the individual knows, 
        or should know, that the statement or representation with such 
        omission is false or misleading or that the withholding of such 
        disclosure is misleading,
shall be subject to'';
                    (C) by inserting ``or each receipt of such benefits 
                while withholding disclosure of such fact'' after 
                ``each such statement or representation'';
                    (D) by inserting ``or because of such withholding 
                of disclosure of a material fact'' after ``because of 
                such statement or representation''; and
                    (E) by inserting ``or such a withholding of 
                disclosure'' after ``such a statement or 
                representation''.
            (2) Administrative procedure for imposing penalties.--The 
        first sentence of section 1129A(a) of the Social Security Act 
        (42 U.S.C. 1320a-8a(a)) is amended--
                    (A) by striking ``who'' and inserting ``who--''; 
                and
                    (B) by striking ``makes'' and all that follows 
                through ``shall be subject to'' and inserting the 
                following:
            ``(1) makes, or causes to be made, a statement or 
        representation of a material fact, for use in determining any 
        initial or continuing right to or the amount of monthly 
        insurance benefits under title II or benefits or payments under 
        title VIII or XVI, that the person knows or should know is 
        false or misleading;
            ``(2) makes such a statement or representation for such use 
        with knowing disregard for the truth; or
            ``(3) omits from a statement or representation for such 
        use, or otherwise withholds disclosure of, a fact which the 
        individual knows or should know is material to the 
        determination of any initial or continuing right to or the 
        amount of monthly insurance benefits under title II or benefits 
        or payments under title VIII or XVI and the individual knows, 
        or should know, that the statement or representation with such 
        omission is false or misleading or that the withholding of such 
        disclosure is misleading,
shall be subject to''.
    (b) Application of Civil Money Penalties to Elements of Criminal 
Violations.--Section 1129(a) of the Social Security Act (42 U.S.C. 
1320a-8(a)), as amended by subsection (a)(1), is amended--
            (1) by redesignating paragraph (2) as paragraph (4);
            (2) by redesignating the last sentence of paragraph (1) as 
        paragraph (2) and inserting such paragraph after paragraph (1); 
        and
            (3) by inserting after paragraph (2) (as so redesignated) 
        the following:
    ``(3) Any person (including an organization, agency, or other 
entity) who--
            ``(A) uses a social security account number that such 
        person knows or should know has been assigned by the 
        Commissioner of Social Security (in an exercise of authority 
        under section 205(c)(2) to establish and maintain records) on 
        the basis of false information furnished to the Commissioner by 
        any person;
            ``(B) falsely represents a number to be the social security 
        account number assigned by the Commissioner of Social Security 
        to any individual, when such person knows or should know that 
        such number is not the social security account number assigned 
        by the Commissioner to such individual;
            ``(C) knowingly alters a social security card issued by the 
        Commissioner of Social Security, or possesses such a card with 
        intent to alter it;
            ``(D) knowingly displays, sells, or purchases a card that 
        is, or purports to be, a card issued by the Commissioner of 
        Social Security, or possesses such a card with intent to 
        display, purchase, or sell it;
            ``(E) counterfeits a social security card, or possesses a 
        counterfeit social security card with intent to display, sell, 
        or purchase it;
            ``(F) discloses, uses, compels the disclosure of, or 
        knowingly displays, sells, or purchases the social security 
        account number of any person in violation of the laws of the 
        United States;
            ``(G) with intent to deceive the Commissioner of Social 
        Security as to such person's true identity (or the true 
        identity of any other person) furnishes or causes to be 
        furnished false information to the Commissioner with respect to 
        any information required by the Commissioner in connection with 
        the establishment and maintenance of the records provided for 
        in section 205(c)(2);
            ``(H) offers, for a fee, to acquire for any individual, or 
        to assist in acquiring for any individual, an additional social 
        security account number or a number which purports to be a 
        social security account number; or
            ``(I) being an officer or employee of a Federal, State, or 
        local agency in possession of any individual's social security 
        account number, willfully acts or fails to act so as to cause a 
        violation by such agency of clause (vi)(II) or (x) of section 
        205(c)(2)(C), shall be subject to, in addition to any other 
penalties that may be prescribed by law, a civil money penalty of not 
more than $5,000 for each violation. Such person shall also be subject 
to an assessment, in lieu of damages sustained by the United States 
resulting from such violation, of not more than twice the amount of any 
benefits or payments paid as a result of such violation.''.
    (c) Clarification of Treatment of Recovered Amounts.--Section 
1129(e)(2)(B) of the Social Security Act (42 U.S.C. 1320a-8(e)(2)(B)) 
is amended by striking ``In the case of amounts recovered arising out 
of a determination relating to title VIII or XVI,'' and inserting ``In 
the case of any other amounts recovered under this section,''.
    (d) Conforming Amendments.--
            (1) Section 1129(b)(3)(A) of the Social Security Act (42 
        U.S.C. 1320a-8(b)(3)(A)) is amended by striking ``charging 
        fraud or false statements''.
            (2) Section 1129(c)(1) of the Social Security Act (42 
        U.S.C. 1320a-8(c)(1)) is amended by striking ``and 
        representations'' and inserting ``, representations, or 
        actions''.
            (3) Section 1129(e)(1)(A) of the Social Security Act (42 
        U.S.C. 1320a-8(e)(1)(A)) is amended by striking ``statement or 
        representation referred to in subsection (a) was made'' and 
        inserting ``violation occurred''.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to 
        violations of sections 1129 and 1129A of the Social Security 
        Act (42 U.S.C. 1320-8 and 1320a-8a), as amended by this 
        section, committed after the date of enactment of this Act.
            (2) Violations by government agents in possession of social 
        security numbers.--Section 1129(a)(3)(I) of the Social Security 
        Act (42 U.S.C. 1320a-8(a)(3)(I)), as added by subsection (b), 
        shall apply with respect to violations of that section 
        occurring on or after the effective date described in section 
        3133(c).

SEC. 3139. CRIMINAL PENALTIES FOR MISUSE OF A SOCIAL SECURITY NUMBER.

    (a) Prohibition of Wrongful Use as Personal Identification 
Number.--No person may obtain any individual's social security number 
for purposes of locating or identifying an individual with the intent 
to physically injure, harm, or use the identity of the individual for 
any illegal purpose.
    (b) Criminal Sanctions.--Section 208(a) of the Social Security Act 
(42 U.S.C. 408(a)) is amended--
            (1) in paragraph (8), by inserting ``or'' after the 
        semicolon; and
            (2) by inserting after paragraph (8) the following:
            ``(9) except as provided in subsections (e) and (f) of 
        section 1028A of title 18, United States Code, knowingly and 
        willfully displays, sells, or purchases (as those terms are 
        defined in section 1028A(a) of title 18, United States Code) 
        any individual's social security account number without having 
        met the prerequisites for consent under section 1028A(d) of 
        title 18, United States Code; or
            ``(10) obtains any individual's social security number for 
        the purpose of locating or identifying the individual with the 
        intent to injure or to harm that individual, or to use the 
        identity of that individual for an illegal purpose;''.

SEC. 3140. CIVIL ACTIONS AND CIVIL PENALTIES.

    (a) Civil Action in State Courts.--
            (1) In general.--Any individual aggrieved by an act of any 
        person in violation of this part or any amendments made by this 
        part may, if otherwise permitted by the laws or rules of the 
        court of a State, bring in an appropriate court of that State--
                    (A) an action to enjoin such violation;
                    (B) an action to recover for actual monetary loss 
                from such a violation, or to receive up to $500 in 
                damages for each such violation, whichever is greater; 
                or
                    (C) both such actions.
        It shall be an affirmative defense in any action brought under 
        this paragraph that the defendant has established and 
        implemented, with due care, reasonable practices and procedures 
        to effectively prevent violations of the regulations prescribed 
        under this part. If the court finds that the defendant 
        willfully or knowingly violated the regulations prescribed 
        under this Act, the court may, in its discretion, increase the 
        amount of the award to an amount equal to not more than 3 times 
        the amount available under subparagraph (B).
            (2) Statute of limitations.--An action may be commenced 
        under this subsection not later than the earlier of--
                    (A) 5 years after the date on which the alleged 
                violation occurred; or
                    (B) 3 years after the date on which the alleged 
                violation was or should have been reasonably discovered 
                by the aggrieved individual.
            (3) Nonexclusive remedy.--The remedy provided under this 
        subsection shall be in addition to any other remedies available 
        to the individual.
    (b) Civil Penalties.--
            (1) In general.--Any person who the Attorney General 
        determines has violated any section of this part or of any 
        amendments made by this part shall be subject, in addition to 
        any other penalties that may be prescribed by law--
                    (A) to a civil penalty of not more than $5,000 for 
                each such violation; and
                    (B) to a civil penalty of not more than $50,000, if 
                the violations have occurred with such frequency as to 
                constitute a general business practice.
            (2) Determination of violations.--Any willful violation 
        committed contemporaneously with respect to the social security 
        numbers of 2 or more individuals by means of mail, 
        telecommunication, or otherwise, shall be treated as a separate 
        violation with respect to each such individual.
            (3) Enforcement procedures.--The provisions of section 
        1128A of the Social Security Act (42 U.S.C. 1320a-7a), other 
        than subsections (a), (b), (f), (h), (i), (j), (m), and (n) and 
        the first sentence of subsection (c) of such section, and the 
        provisions of subsections (d) and (e) of section 205 of such 
        Act (42 U.S.C. 405) shall apply to a civil penalty action under 
        this subsection in the same manner as such provisions apply to 
        a penalty or proceeding under section 1128A(a) of such Act (42 
        U.S.C. 1320a-7a(a)), except that, for purposes of this 
        paragraph, any reference in section 1128A of such Act (42 
        U.S.C. 1320a-7a) to the Secretary shall be deemed to be a 
        reference to the Attorney General.

SEC. 3141. FEDERAL INJUNCTIVE AUTHORITY.

    In addition to any other enforcement authority conferred under this 
part or the amendments made by this part, the Federal Government shall 
have injunctive authority with respect to any violation by a public 
entity of any provision of this part or of any amendments made by this 
part.

                  Subtitle B--Crime Victim Assistance

SEC. 3201. SHORT TITLE.

    This subtitle may be cited as the ``Crime Victims Assistance Act of 
2003''.

              PART 1--VICTIM RIGHTS IN THE FEDERAL SYSTEM

SEC. 3211. RIGHT TO CONSULT CONCERNING DETENTION.

    (a) Right To Consult Concerning Detention.--Section 503(c) of the 
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) is 
amended by striking paragraph (2) and inserting the following:
            ``(2) A responsible official shall--
                    ``(A) arrange for a victim to receive reasonable 
                protection from a suspected offender and persons acting 
                in concert with or at the behest of the suspected 
                offender; and
                    ``(B) consult with a victim prior to a detention 
                hearing to obtain information that can be presented to 
                the court on the issue of any threat the suspected 
                offender may pose to the safety of the victim.''.
    (b) Court Consideration of the Views of Victims.--Chapter 207 of 
title 18, United States Code, is amended--
            (1) in section 3142--
                    (A) in subsection (g)--
                            (i) in paragraph (3), by striking ``and'' 
                        at the end;
                            (ii) by redesignating paragraph (4) as 
                        paragraph (5); and
                            (iii) by inserting after paragraph (3) the 
                        following:
            ``(4) the views of the victim; and''; and
                    (B) by adding at the end the following:
    ``(k) Views of the Victim.--During a hearing under subsection (f), 
the judicial officer shall inquire of the attorney for the Government 
if the victim has been consulted on the issue of detention and the 
views of such victim, if any.''.
            (2) in section 3156(a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) the term ``victim'' includes all persons defined as 
        victims in section 503(e)(2) of the Victims' Rights and 
        Restitution Act of 1990 (42 U.S.C. 10607(e)(2)).''.

SEC. 3212. RIGHT TO A SPEEDY TRIAL.

    Section 3161(h)(8)(B) of title 18, United States Code, is amended 
by adding at the end the following:
    ``(v) The interests of the victim (as defined in section 
10607(e)(2) of title 42, United States Code) in the prompt and 
appropriate disposition of the case, free from unreasonable delay.''.

SEC. 3213. RIGHT TO CONSULT CONCERNING PLEA.

    (a) Right To Consult Concerning Plea.--Section 503(c) of the 
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) is 
amended--
            (1) by redesignating paragraphs (4) through (8) as 
        paragraphs (5) through (9), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) A responsible official shall make reasonable efforts 
        to notify a victim of, and consider the views of a victim 
        about, any proposed or contemplated plea agreement. In 
        determining what is reasonable, the responsible official should 
        consider factors relevant to the wisdom and practicality of 
        giving notice and considering views in the context of the 
        particular case, including--
                    ``(A) the impact on public safety and risks to 
                personal safety;
                    ``(B) the number of victims;
                    ``(C) the need for confidentiality, including 
                whether the proposed plea involves confidential 
                information or conditions;
                    ``(D) whether time is of the essence in negotiating 
                or entering a proposed plea; and
                    ``(E) whether the victim is a possible witness in 
                the case and the effect that relaying any information 
                may have upon the right of the defendant to a fair 
                trial.''.
    (b) Court Consideration of the Views of Victims.--Rule 11 of the 
Federal Rules of Criminal Procedure is amended--
            (1) by redesignating subdivisions (g) and (h) as 
        subdivisions (h) and (i), respectively; and
            (2) by inserting after subdivision (f) the following:
    ``(g) Views of the Victim.--Notwithstanding the acceptance of a 
plea of guilty, the court should not enter a judgment upon such plea 
without making inquiry of the attorney for the Government if the victim 
(as defined in section 503(e)(2) of the Victims' Rights and Restitution 
Act of 1990) has been consulted on the issue of the plea and the views 
of such victim, if any.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsection (b) 
        shall become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference of the United States shall submit to 
                Congress a report containing recommendations for 
                amending the Federal Rules of Criminal Procedure to 
                provide enhanced opportunities for victims to be heard 
                on the issue of whether or not the court should accept 
                a plea of guilty or nolo contendere.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference of the 
                United States under this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference of the United States--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendments made by subsection (b), then the 
                amendments made by subsection (b) shall become 
                effective 30 days after the date on which the 
                recommendations are submitted to Congress under 
                paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendments made by subsection (b), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendments made by subsection (b) shall become 
                effective 360 days after the date of enactment of this 
                Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the Judicial Conference of the United States 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 3214. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.

    (a) Amendments to Victim Rights Clarification Act.--Section 3510 of 
title 18, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by inserting after subsection (b) the following:
    ``(c) Application to Televised Proceedings.--This section applies 
to any victim viewing proceedings pursuant to section 235 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 
10608), or any rule issued thereunder.
    ``(d) Standing.--
            ``(1) In general.--At the request of any victim of an 
        offense, the attorney for the Government may assert the right 
        of the victim under this section to attend and observe the 
        trial.
            ``(2) Victim standing.--If the attorney for the Government 
        declines to assert the right of a victim under this section, 
        then the victim has standing to assert such right.
            ``(3) Appellate review.--An adverse ruling on a motion or 
        request by an attorney for the Government or a victim under 
        this subsection may be appealed or petitioned under the rules 
        governing appellate actions, provided that no appeal or 
        petition shall constitute grounds for delaying a criminal 
        proceeding.''.
    (b) Amendment to Victims' Rights and Restitution Act of 1990.-- 
Section 502(b) of the Victims' Rights and Restitution Act of 1990 (42 
U.S.C. 10606(b)) is amended--
            (1) by striking paragraph (4) and inserting the following:
            ``(4) The right to be present at all public court 
        proceedings related to the offense, unless the court determines 
        that testimony by the victim at trial would be materially 
        affected if the victim heard the testimony of other 
        witnesses.''; and
            (2) in paragraph (5), by striking ``attorney'' and 
        inserting ``the attorney''.

SEC. 3215. ENHANCED PARTICIPATORY RIGHTS AT SENTENCING.

    (a) Views of the Victim.--Section 3553(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) by redesignating paragraph (7) as paragraph (8); and
            (3) by inserting after paragraph (6) the following:
            ``(7) the impact of the crime upon any victim of the 
        offense as reflected in any victim impact statement and the 
        views of any victim of the offense concerning punishment, if 
        such statement or views are presented to the court; and''.
    (b) Enhanced Right To Be Heard Concerning Sentence.--Rule 32 of the 
Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (c)(3)(E), by striking ``if the sentence 
        is to be imposed for a crime of violence or sexual abuse,''; 
        and
            (2) by amending subdivision (f) to read as follows:
    ``(f) Definition. For purposes of this rule, `victim' means any 
individual against whom an offense has been committed for which a 
sentence is to be imposed, but the right of allocution under 
subdivision (c)(3)(E) may be exercised instead by--
            ``(1) a parent or legal guardian if the victim is below the 
        age of eighteen years or incompetent; or
            ``(2) one or more family members or relatives designated by 
        the court if the victim is deceased or incapacitated;
if such person or persons are present at the sentencing hearing, 
regardless of whether the victim is present.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsection (b) 
        shall become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference of the United States shall submit to 
                Congress a report containing recommendations for 
                amending the Federal Rules of Criminal Procedure to 
                provide enhanced opportunities for victims to 
                participate during the presentencing and sentencing 
                phase of the criminal process.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference of the 
                United States under this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference of the United States--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendments made by subsection (b), then the 
                amendments made by subsection (b) shall become 
                effective 30 days after the date on which the 
                recommendations are submitted to Congress under 
                paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendments made by subsection (b), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendments made by subsection (b) shall become 
                effective 360 days after the date of enactment of this 
                Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the Judicial Conference of the United States 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 3216. RIGHT TO NOTICE CONCERNING SENTENCE ADJUSTMENT.

    Paragraph (6) of section 503(c) of the Victims' Rights and 
Restitution Act of 1990, as redesignated by section 3213 of this Act, 
is amended by striking subparagraph (A) and inserting:
                    ``(A) the scheduling of a parole hearing or a 
                hearing on modification of probation or supervised 
                release for the offender;''.

SEC. 3217. RIGHT TO NOTICE CONCERNING DISCHARGE FROM PSYCHIATRIC 
              FACILITY.

    Paragraph (6) of section 503(c) of the Victims' Rights and 
Restitution Act of 1990, as redesignated by section 3213 of this Act, 
is amended by striking subparagraph (B) and inserting:
                    ``(B) the escape, work release, furlough, discharge 
                or conditional discharge, or any other form of release 
                from custody of the offender, including an offender who 
                was found not guilty by reason of insanity;''.

SEC. 3218. RIGHT TO NOTICE CONCERNING EXECUTIVE CLEMENCY.

    (a) Notice.--Paragraph (6) of section 503(c) of the Victims' Rights 
and Restitution Act of 1990, as redesignated by section 3213 of this 
Act, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) the grant of executive clemency, including 
                any pardon, reprieve, commutation of sentence, or 
                remission of fine, to the offender; and''.
    (b) Reporting Requirement.--The Attorney General shall submit 
biannually to the Committees on the Judiciary of the House of 
Representatives and the Senate a report on executive clemency matters 
or cases delegated for review or investigation to the Attorney General 
by the President, including for each year--
            (1) the number of petitions so delegated;
            (2) the number of reports submitted to the President;
            (3) the number of petitions for executive clemency granted 
        and the number denied;
            (4) the name of each person whose petition for executive 
        clemency was granted or denied and the offenses of conviction 
        of that person for which executive clemency was granted or 
        denied; and
            (5) with respect to any person granted executive clemency, 
        the date that any victim of an offense that was the subject of 
        that grant of executive clemency was notified, pursuant to 
        Department of Justice regulations, of a petition for executive 
        clemency, and whether such victim submitted a statement 
        concerning the petition.

SEC. 3219. PROCEDURES TO PROMOTE COMPLIANCE.

    (a) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General of the United States shall promulgate 
regulations to enforce the rights of victims of crime described in 
section 502 of the Victims' Rights and Restitution Act of 1990 (42 
U.S.C. 10606) and to ensure compliance by responsible officials with 
the obligations described in section 503 of that Act (42 U.S.C. 10607).
    (b) Contents.--The regulations promulgated under subsection (a) 
shall--
            (1) establish an administrative authority within the 
        Department of Justice to receive and investigate complaints 
        relating to the provision or violation of the rights of a crime 
        victim;
            (2) require a course of training for employees and offices 
        of the Department of Justice that fail to comply with 
        provisions of Federal law pertaining to the treatment of 
        victims of crime, and otherwise assist such employees and 
        offices in responding more effectively to the needs of victims;
            (3) contain disciplinary sanctions, including suspension or 
        termination from employment, for employees of the Department of 
        Justice who willfully or wantonly fail to comply with 
        provisions of Federal law pertaining to the treatment of 
        victims of crime; and
            (4) provide that the Attorney General, or the designee of 
        the Attorney General, shall be the final arbiter of the 
        complaint, and that there shall be no judicial review of the 
        final decision of the Attorney General by a complainant.

                 PART 2--VICTIM ASSISTANCE INITIATIVES

SEC. 3221. PILOT PROGRAMS TO ENFORCE COMPLIANCE WITH STATE CRIME 
              VICTIM'S RIGHTS LAWS.

    (a) Definitions.--In this section:
            (1) Compliance authority.--The term ``compliance 
        authority'' means one of the compliance authorities established 
        and operated under a program under subsection (b) to enforce 
        the rights of victims of crime.
            (2) Director.--The term ``Director'' means the Director of 
        the Office for Victims of Crime.
            (3) Office.--The term ``Office'' means the Office for 
        Victims of Crime.
    (b) Pilot Programs.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Attorney General, acting through the 
        Director, shall establish and carry out a program to provide 
        for pilot programs in 5 States to establish and operate 
        compliance authorities to enforce the rights of victims of 
        crime.
            (2) Agreements.--
                    (A) In general.--The Attorney General, acting 
                through the Director, shall enter into an agreement 
                with a State to conduct a pilot program referred to in 
                paragraph (1), which agreement shall provide for a 
                grant to assist the State in carrying out the pilot 
                program.
                    (B) Contents of agreement.--The agreement referred 
                to in subparagraph (A) shall specify that--
                            (i) the compliance authority shall be 
                        established and operated in accordance with 
                        this section; and
                            (ii) except with respect to meeting 
                        applicable requirements of this section 
                        concerning carrying out the duties of a 
                        compliance authority under this section 
                        (including the applicable reporting duties 
                        under subsection (f) and the terms of the 
                        agreement), a compliance authority shall 
                        operate independently of the Office.
                    (C) No authority over daily operations.--The Office 
                shall have no supervisory or decisionmaking authority 
                over the day-to-day operations of a compliance 
                authority.
    (c) Objectives.--
            (1) Mission.--The mission of a compliance authority 
        established and operated under a pilot program under this 
        section shall be to promote compliance and effective 
        enforcement of State laws regarding the rights of victims of 
        crime.
            (2) Duties.--A compliance authority established and 
        operated under a pilot program under this section shall--
                    (A) receive and investigate complaints relating to 
                the provision or violation of the rights of a crime 
                victim; and
                    (B) issue findings following such investigations.
            (3) Other duties.--A compliance authority established and 
        operated under a pilot program under this section may--
                    (A) pursue legal actions to define or enforce the 
                rights of victims;
                    (B) review procedures established by public 
                agencies and private organizations that provide 
                services to victims, and evaluate the delivery of 
                services to victims by such agencies and organizations;
                    (C) coordinate and cooperate with other public 
                agencies and private organizations concerned with the 
                implementation, monitoring, and enforcement of the 
                rights of victims and enter into cooperative agreements 
                with such agencies and organizations for the 
                furtherance of the rights of victims;
                    (D) ensure a centralized location for victim 
                services information;
                    (E) recommend changes in State policies concerning 
                victims, including changes in the system for providing 
                victim services;
                    (F) provide public education, legislative advocacy, 
                and development of proposals for systemic reform; and
                    (G) advertise to advise the public of its services, 
                purposes, and procedures.
    (d) Eligibility.--To be eligible to receive a grant under this 
section, a State shall submit an application to the Director which 
includes assurances that--
            (1) the State has provided legal rights to victims of crime 
        at the adult and juvenile levels;
            (2) a compliance authority that receives funds under this 
        section will include a role for--
                    (A) representatives of criminal justice agencies, 
                crime victim service organizations, and the educational 
                community;
                    (B) a medical professional whose work includes work 
                in a hospital emergency room; and
                    (C) a therapist whose work includes treatment of 
                crime victims; and
            (3) Federal funds received under this section will be used 
        to supplement, and not to supplant, non-Federal funds that 
        would otherwise be available to enforce the rights of victims 
        of crime.
    (e) Preference.--In awarding grants under this section, the 
Attorney General shall give preference to a State that provides legal 
standing to prosecutors and victims of crime to assert the rights of 
victims of crime.
    (f) Oversight.--
            (1) Technical assistance.--The Director may provide 
        technical assistance and training to a State that receives a 
        grant under this section to achieve the purposes of this 
        section.
            (2) Annual report.--Each State that receives a grant under 
        this section shall submit to the Director, for each year in 
        which funds from a grant received under this section are 
        expended, a report that contains--
                    (A) a summary of the activities carried out under 
                the grant and an assessment of the effectiveness of 
                such activities in promoting compliance and effective 
                implementation of the laws of that State regarding the 
                rights of victims of crime;
                    (B) a strategic plan for the year following the 
                year covered under subparagraph (A); and
                    (C) such other information as the Director may 
                require.
    (g) Review of Program Effectiveness.--
            (1) In general.--The Director of the National Institute for 
        Justice shall conduct an evaluation of the pilot programs 
        carried out under this section to determine the effectiveness 
        of the compliance authorities that are the subject of the pilot 
        programs in carrying out the mission and duties described in 
        subsection (c).
            (2) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Director of the National Institute 
        of Justice shall submit to the Committee on the Judiciary of 
        the House of Representatives and the Committee on the Judiciary 
        of the Senate a written report on the results of the evaluation 
        required by paragraph (1).
    (h) Grant Period.--A grant under this section shall be made for a 
period not longer than 4 years, but may be renewed for a period not to 
exceed 2 years on such terms as the Director may require.
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section, to remain available until expended, 
        $8,000,000 for fiscal years 2003 and 2004, and such sums as may 
        be necessary for fiscal years 2005 and 2006.
            (2) Evaluations.--Up to 5 percent of the amount authorized 
        to be appropriated under paragraph (1) in any fiscal year may 
        be used for administrative expenses incurred in conducting the 
        evaluations and preparing the report required by subsection 
        (g).

SEC. 3222. INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART SYSTEMS FOR 
              NOTIFYING CRIME VICTIMS OF IMPORTANT DATES AND 
              DEVELOPMENTS.

    The Victims of Crime Act of 1984 is amended by inserting after 
section 1404C the following:

``SEC. 1404D. VICTIM NOTIFICATION GRANTS.

    ``(a) In General.--The Director may make grants as provided in 
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, 
law enforcement agencies, courts, jails, and correctional institutions, 
and to qualified private entities, to develop and implement state-of-
the-art systems for notifying victims of crime of important dates and 
developments relating to the criminal proceedings at issue on a timely 
and efficient basis.
    ``(b) Integration of Systems.--Systems developed and implemented 
under this section may be integrated with existing case management 
systems operated by the recipient of the grant.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, in addition to funds made 
available by section 1402(d)(4)(C)--
            ``(1) $10,000,000 for fiscal years 2003 and 2004;
            ``(2) $5,000,000 for fiscal year 2005; and
            ``(3) $5,000,000 for fiscal year 2006.
    ``(d) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section.''.

SEC. 3223. RESTORATIVE JUSTICE GRANTS.

    (a) Purposes.--The purposes of this section are to--
            (1) hold juvenile offenders accountable for their offenses;
            (2) involve victims and the community in the juvenile 
        justice process;
            (3) obligate the offender to pay restitution to the victim 
        and to the community through community service or through 
        financial or other forms of restitution; and
            (4) equip juvenile offenders with the skills needed to live 
        responsibly and productively.
    (b) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to units of local 
governments, tribal governments, and qualified private entities to 
establish restorative justice programs, such as victim and offender 
mediation, family and community conferences, family and group 
conferences, sentencing circles, restorative panels, and reparative 
boards, as an alternative to, or in addition to, incarceration.
    (c) Program Criteria.--A program funded by a grant made under this 
section shall--
            (1) be fully voluntary by both the victim and the offender 
        (who must admit responsibility), once the prosecuting agency 
        has determined that the case is appropriate for this program;
            (2) include as a critical component accountability 
        conferences, at which the victim will have the opportunity to 
        address the offender directly, to describe the impact of the 
        offense against the victim, and the opportunity to suggest 
        possible forms of restitution;
            (3) require that conferences be attended by the victim, the 
        offender and, when possible, the parents or guardians of the 
        offender, and the arresting officer; and
            (4) provide an early, individualized assessment and action 
        plan to each juvenile offender in order to prevent further 
        criminal behavior through the development of appropriate skills 
        in the juvenile offender so that the juvenile is more capable 
        of living productively and responsibly in the community.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $10,000,000 for fiscal years 2003 and 2004 for grants 
        to establish programs; and
            (2) $5,000,000 for each of fiscal years 2005 and 2006 to 
        continue programs established in fiscal years 2003 and 2004.

               PART 3--AMENDMENTS TO VICTIMS OF CRIME ACT

SEC. 3231. FORMULA FOR DISTRIBUTIONS FROM THE CRIME VICTIMS FUND.

    (a) Formula for Fund Distributions.--Section 4102(c) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as 
follows:
    ``(c) Fund Distribution; Retention of Sums in Fund; Availability 
for Expenditure Without Fiscal Year Limitation.--
            ``(1)(A) Except as provided in subparagraphs (B) an (C), 
        the total amount to be distributed from the Fund in any fiscal 
        year shall be not less than 105 percent nor more than 115 
        percent of the total amount distributed from the Fund in the 
        previous fiscal year, provided that the amount shall at a 
        minimum be sufficient fully provide grants in accordance with 
        sections 10602(a)(1), 10603(a)(1), and 10603(c)(2) of this 
        title.
            ``(B) In any fiscal year that there is an insufficient 
        amount in the Fund to fully provide grants in accordance with 
        sections 10602(a)(1), 10603(a)(1), and 10603(c)(2) of this 
        title, the amounts made available for grants under sections 
        10602(a), 10603(a), and 10603(c) shall be reduced by an equal 
        percentage.
            ``(C) In any fiscal year that the total amount available in 
        the Fund is more than 2 times the total amount distributed in 
        the previous fiscal year, up to 125 percent of the amount 
        distributed in the previous fiscal year may be distributed.
            ``(2) In each fiscal year, the Director shall distribute 
        amounts from the Fund in accordance with subsection (d). 
        Notwithstanding any other provision of law, all sums deposited 
        in the Fund that are not distributed shall remain in reserve in 
        the Fund for obligation in future fiscal years, without fiscal 
        year limitation.''.
    (b) Establishment of Base Amount for Total Victim Assistance 
Grants.--Section 1404(a)(1) of the Victims of Crime Act of 1984 (42 
U.S.C. 10603(a)(1)) is amended by adding at the end the following:
    ``Except as provided in subsection 10601(c)(1)(B), the total amount 
distributed to States under this subsection in any fiscal year shall 
not be less than the average amount distributed for this purpose during 
the previous three fiscal years.''.
    (c) Establishment of Base Amount for OVC Discretionary Grants.--
Section 1404(c)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(c)(2)) is amended by inserting after ``(2)'' the following:
    ``Except as provided in subsection 10601(c)(1)(B), the amount 
available for grants under this subsection in any fiscal year shall not 
be less than the average amount available for this purpose during the 
previous three fiscal years.''.

SEC. 3232. CLARIFICATION REGARDING ANTITERRORISM EMERGENCY RESERVE.

    Section 1402(d)(5)(C) of the Victims of Crime Act of 1984 (42 
U.S.C. 10601(d)(5)(C)) is amended by inserting ``, and any amounts used 
to replenish such reserve,'' after ``any such amounts carried over''.

SEC. 3233. PROHIBITION ON DIVERTING CRIME VICTIMS FUND TO OFFSET 
              INCREASED SPENDING.

    (a) Purpose.--The purpose of this section is to ensure that amounts 
deposited in the Crime Victims Fund (as established by section 1402(a) 
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(a)) are 
distributed in a timely manner to assist victims of crime as intended 
by current law and are not diverted to offset increased spending.
    (b) Treatment of Crime Victims Fund.--Section 1402 of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601) is amended by adding at the end 
the following:
    ``(h) For purposes of congressional points of order, the 
Congressional Budget Act of 1974, and the Balanced Budget and Emergency 
Deficit Control Act of 1985, any limitation on spending from the Fund 
included in the President's budget or enacted in appropriations 
legislation for fiscal year 2003 or any subsequent fiscal year shall 
not be scored as discretionary savings.''.

          Subtitle C--Violence Against Women Act Enhancements

SEC. 3301. TRANSITIONAL HOUSING ASSISTANCE GRANTS.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of Housing and Urban Development and the Secretary of Health 
and Human Services, shall award grants under this section to 
organizations, States, units of local government, and Indian tribes 
(referred to in this section as the ``recipient'') to carry out 
programs to provide assistance to individuals, and the dependents of 
individuals--
            (1) who are homeless or in need of transitional housing or 
        other housing assistance as a result of fleeing a situation of 
        domestic violence; and
            (2) for whom emergency shelter services or other crisis 
        intervention services are unavailable or insufficient.
    (b) Grants.--Grants awarded under this section may be used for 
programs that provide--
            (1) short-term housing assistance, including rental or 
        utilities payments assistance and assistance with related 
        expenses such as payment of security deposits and other costs 
        incidental to relocation to transitional housing for persons 
        described in subsection (a); and
            (2) support services designed to enable an individual, or 
        dependent of an individual, who is fleeing a situation of 
        domestic violence to--
                    (A) locate and secure permanent housing; and
                    (B) integrate into a community by providing that 
                individual or dependent with services, such as 
                transportation, counseling, child care services, case 
                management, employment counseling, and other 
                assistance.
    (c) Duration.--
            (1) In general.--Except as provided in paragraph (2), an 
        individual, or dependent of an individual, who receives 
        assistance under this section shall receive that assistance for 
        not more than 18 months.
            (2) Waiver.--The recipient of a grant under this section 
        may waive the restriction under paragraph (1) for not more than 
        an additional 6 month period with respect to any individual, or 
        dependent of an individual, who--
                    (A) has made a good-faith effort to acquire 
                permanent housing; and
                    (B) has been unable to acquire permanent housing.
    (d) Application.--
            (1) In general.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Attorney 
        General at such time, in such manner, and accompanied by such 
        information as the Attorney General may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Attorney General determines to be essential to ensure 
                compliance with the requirements of this section.
            (3) Application.--Nothing in this subsection shall be 
        construed to require--
                    (A) victims to participate in the criminal justice 
                system in order to receive services; or
                    (B) domestic violence advocates to breach client 
                confidentiality.
    (e) Report to the Attorney General.--
            (1) In general.--A recipient of a grant under this section 
        shall annually prepare and submit to the Attorney General a 
        report describing--
                    (A) the number of individuals and dependents 
                assisted under this section; and
                    (B) the types of housing assistance and support 
                services provided under this section.
            (2) Contents.--Each report prepared and submitted under 
        paragraph (1) shall include information regarding--
                    (A) the amount of housing assistance provided to 
                each individual, or dependent of an individual, 
                assisted under this section and the reason for that 
                assistance;
                    (B) the number of months each individual, or 
                dependent of an individual, received assistance under 
                this section;
                    (C) the number of individuals and dependents of 
                those individuals who--
                            (i) were eligible to receive assistance 
                        under this section; and
                            (ii) were not provided with assistance 
                        under this section solely due to a lack of 
                        available housing; and
                    (D) the type of support services provided to each 
                individual, or dependent of an individual, assisted 
                under this section.
    (f) Report to Congress.--
            (1) Reporting requirement.--The Attorney General shall 
        annually prepare and submit to the Committee on the Judiciary 
        of the House of Representatives and the Committee on the 
        Judiciary of the Senate a report that contains a compilation of 
        the information contained in the report submitted under 
        subsection (e).
            (2) Availability of report.--In order to coordinate efforts 
        to assist the victims of domestic violence, the Attorney 
        General shall transmit a copy of the report submitted under 
        paragraph (1) to--
            (1) the Office of Community Planning and Development at the 
        United States Department of Housing and Urban Development; and
            (2) the Office of Women's Health at the United States 
        Department of Health and Human Services.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $30,000,000 for each of fiscal years 
        2003 through 2007.
            (2) Limitations.--Of the amount made available to carry out 
        this section in any fiscal year, not more than 3 percent may be 
        used by the Attorney General for salaries and administrative 
        expenses.
            (3) Minimum amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), unless all eligible applications submitted by any 
                States, units of local government, Indian tribes, or 
                organizations within a State for a grant under this 
                section have been funded, that State, together with the 
                grantees within the State (other than Indian tribes), 
                shall be allocated in each fiscal year, not less than 
                0.75 percent of the total amount appropriated in the 
                fiscal year for grants pursuant to this section.
                    (B) Exception.--The United States Virgin Islands, 
                American Samoa, Guam, and the Northern Mariana Islands 
                shall each be allocated 0.25 percent of the total 
                amount appropriated in the fiscal year for grants 
                pursuant to this section.

SEC. 3302. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.

    (a) State Shelter Grants.--Section 303(a)(2)(C) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is 
amended by striking ``populations underserved because of ethnic, 
racial, cultural, language diversity or geographic isolation'' and 
inserting ``populations underserved because of race, ethnicity, age, 
disability, religion, alienage status, geographic location (including 
rural isolation), or language barriers, and any other populations 
determined by the Secretary to be underserved''.
    (b) Secretarial Responsibilities.--Section 305(a) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended--
            (1) by striking ``an employee'' and inserting ``1 or more 
        employees'';
            (2) by striking ``of this title.'' and inserting ``of this 
        title, including carrying out evaluation and monitoring under 
        this title.''; and
            (3) by striking ``The individual'' and inserting ``Any 
        individual''.
    (c) Resource Centers.--Section 308 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10407) is amended--
            (1) in subsection (a)(2), by inserting ``on providing 
        information, training, and technical assistance'' after 
        ``focusing''; and
            (2) in subsection (c), by adding at the end the following:
            ``(8) Providing technical assistance and training to local 
        entities carrying out domestic violence programs that provide 
        shelter, related assistance, or transitional housing 
        assistance.
            ``(9) Improving access to services, information, and 
        training, concerning family violence, within Indian tribes and 
        Indian tribal agencies.
            ``(10) Providing technical assistance and training to 
        appropriate entities to improve access to services, 
        information, and training concerning family violence occurring 
        in underserved populations.''.
    (d) Conforming Amendment.--Section 309(6) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10408(6)) is amended by striking 
``the Virgin Islands, the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands'' and inserting ``the United States 
Virgin Islands, the Commonwealth of the Northern Mariana Islands, and 
the combined Freely Associated States''.
    (e) Reauthorization.--Section 310 of the Family Violence Prevention 
and Services Act (42 U.S.C. 10409) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this title 
        $175,000,000 for each of fiscal years 2003 through 2006.
            ``(2) Source of funds.--Amounts made available under 
        paragraph (1) may be appropriated from the Violent Crime 
        Reduction Trust Fund established under section 310001 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14211).'';
            (2) in subsection (b), by striking ``under subsection 
        303(a)'' and inserting ``under section 303(a)'';
            (3) in subsection (c), by inserting ``not more than the 
        lesser of $7,500,000 or'' before ``5''; and
            (4) by adding at the end the following:
    ``(f) Evaluation, Monitoring, and Administration.--Of the amounts 
appropriated under subsection (a) for each fiscal year, not more than 1 
percent shall be used by the Secretary for evaluation, monitoring, and 
administrative costs under this title.''.
    (f) State Domestic Violence Coalition Grant Activities.--Section 
311 of the Family Violence Prevention and Services Act (42 U.S.C. 
10410) is amended--
            (1) in subsection (a)(4), by striking ``underserved racial, 
        ethnic or language-minority populations'' and inserting 
        ``underserved populations described in section 303(a)(2)(C)''; 
        and
            (2) in subsection (c), by striking ``the U.S. Virgin 
        Islands, the Northern Mariana Islands, and the Trust Territory 
        of the Pacific Islands'' and inserting ``the United States 
        Virgin Islands, the Commonwealth of the Northern Mariana 
        Islands, and the Freely Associated States''.

 TITLE IV--SUPPORTING LAW ENFORCEMENT AND THE EFFECTIVE ADMINISTRATION 
                               OF JUSTICE

     Subtitle A--Support for Public Safety Officers and Prosecutors

 PART 1--PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY 
             PROSECUTORS, AND TRAINING IN OUR NEIGHBORHOODS

SEC. 4101. SHORT TITLE.

    This part may be cited as the ``Providing Reliable Officers, 
Technology, Education, Community Prosecutors, and Training in Our 
Neighborhoods Act of 2003'' or ``PROTECTION Act''.

SEC. 4102. AUTHORIZATIONS.

    (a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended 
by--
            (1) inserting ``and prosecutor'' after ``increase police''; 
        and
            (2) inserting ``to enhance law enforcement access to new 
        technologies, and'' after ``presence,''.
    (b) Hiring and Redeployment Grant Projects.--Section 1701(b) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B)--
                            (i) by inserting after ``Nation'' the 
                        following: ``, or pay overtime to existing 
                        career law enforcement officers to the extent 
                        that such overtime is devoted to community 
                        policing efforts''; and
                            (ii) by striking ``and'' at the end;
                    (B) in subparagraph (C), by--
                            (i) striking ``or pay overtime''; and
                            (ii) striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) promote higher education among in-service 
                State and local law enforcement officers by reimbursing 
                them for the costs associated with seeking a college or 
                graduate school education.''; and
            (2) in paragraph (2) by striking all that follows Support 
        Systems.--'' and inserting ``Grants pursuant to--
                    ``(A) paragraph (1)(B) for overtime may not exceed 
                25 percent of the funds available for grants pursuant 
                to this subsection for any fiscal year;
                    ``(B) paragraph (1)(C) may not exceed 20 percent of 
                the funds available for grants pursuant to this 
                subsection in any fiscal year; and
                    ``(C) paragraph (1)(D) may not exceed 5 percent of 
                the funds available for grants pursuant to this 
                subsection for any fiscal year.''.
    (c) Additional Grant Projects.--Section 1701(d) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(d)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``integrity and ethics'' after 
                ``specialized''; and
                    (B) by inserting ``and'' after ``enforcement 
                officers'';
            (2) in paragraph (7) by inserting ``school officials, 
        religiously-affiliated organizations,'' after ``enforcement 
        officers'';
            (3) by striking paragraph (8) and inserting the following:
            ``(8) establish school-based partnerships between local law 
        enforcement agencies and local school systems, by using school 
        resource officers who operate in and around elementary and 
        secondary schools to serve as a law enforcement liaison with 
        other Federal, State, and local law enforcement and regulatory 
        agencies, combat school-related crime and disorder problems, 
        gang membership and criminal activity, firearms and explosives-
        related incidents, illegal use and possession of alcohol, and 
        the illegal possession, use, and distribution of drugs;'';
            (4) in paragraph (10) by striking ``and'' at the end;
            (5) in paragraph (11) by striking the period that appears 
        at the end and inserting ``; and''; and
            (6) by adding at the end the following:
            ``(12) develop and implement innovative programs (such as 
        the TRIAD program) that bring together a community's sheriff, 
        chief of police, and elderly residents to address the public 
        safety concerns of older citizens.''.
    (d) Technical Assistance.--Section 1701(f) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(f)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``use up to 5 percent of the funds 
                appropriated under subsection (a) to'' after ``The 
                Attorney General may'';
                    (B) by inserting at the end the following: ``In 
                addition, the Attorney General may use up to 5 percent 
                of the funds appropriated under subsections (d), (e), 
                and (f) for technical assistance and training to 
                States, units of local government, Indian tribal 
                governments, and to other public and private entities 
                for those respective purposes.'';
            (2) in paragraph (2) by inserting ``under subsection (a)'' 
        after ``the Attorney General''; and
            (3) in paragraph (3)--
                    (A) by striking ``the Attorney General may'' and 
                inserting ``the Attorney General shall'';
                    (B) by inserting ``regional community policing 
                institutes'' after ``operation of''; and
                    (C) by inserting ``representatives of police labor 
                and management organizations, community residents,'' 
                after ``supervisors,''.
    (e) Technology and Prosecution Programs.--Section 1701 of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd) is amended by--
            (1) striking subsection (k);
            (2) redesignating subsections (f) through (j) as 
        subsections (g) through (k), respectively; and
            (3) striking subsection (e) and inserting the following:
    ``(e) Law Enforcement Technology Program.--Grants made under 
subsection (a) may be used to assist police departments, in employing 
professional, scientific, and technological advancements that will help 
them--
            ``(1) improve police communications through the use of 
        wireless communications, computers, software, videocams, 
        databases and other hardware and software that allow law 
        enforcement agencies to communicate more effectively across 
        jurisdictional boundaries and effectuate interoperability;
            ``(2) develop and improve access to crime solving 
        technologies, including DNA analysis, photo enhancement, voice 
        recognition, and other forensic capabilities; and
            ``(3) promote comprehensive crime analysis by utilizing new 
        techniques and technologies, such as crime mapping, that allow 
        law enforcement agencies to use real-time crime and arrest data 
        and other related information--including non-criminal justice 
        data--to improve their ability to analyze, predict, and respond 
        pro-actively to local crime and disorder problems, as well as 
to engage in regional crime analysis.
    ``(f) Community-Based Prosecution Program.--Grants made under 
subsection (a) may be used to assist State, local or tribal 
prosecutors' offices in the implementation of community-based 
prosecution programs that build on local community policing efforts. 
Funds made available under this subsection may be used to--
            ``(1) hire additional prosecutors who will be assigned to 
        community prosecution programs, including programs that assign 
        prosecutors to handle cases from specific geographic areas, to 
        address specific violent crime and other local crime problems 
        (including intensive illegal gang, gun and drug enforcement 
        projects and quality of life initiatives), and to address 
        localized violent and other crime problems based on needs 
        identified by local law enforcement agencies, community 
        organizations, and others;
            ``(2) redeploy existing prosecutors to community 
        prosecution programs as described in paragraph (1) of this 
        section by hiring victim and witness coordinators, paralegals, 
        community outreach, and other such personnel; and
            ``(3) establish programs to assist local prosecutors' 
        offices in the implementation of programs that help them 
        identify and respond to priority crime problems in a community 
        with specifically tailored solutions.
At least 75 percent of the funds made available under this subsection 
shall be reserved for grants under paragraphs (1) and (2) and of those 
amounts no more than 10 percent may be used for grants under paragraph 
(2) and at least 25 percent of the funds shall be reserved for grants 
under paragraphs (1) and (2) to units of local government with a 
population of less than 50,000.''.
    (f) Retention Grants.--Section 1703 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by 
inserting at the end the following:
    ``(d) Retention Grants.--The Attorney General may use no more than 
50 percent of the funds under subsection (a) to award grants targeted 
specifically for retention of police officers to grantees in good 
standing, with preference to those that demonstrate financial hardship 
or severe budget constraint that impacts the entire local budget and 
may result in the termination of employment for police officers funded 
under subsection (b)(1).''.
    (g) Definitions.--
            (1) Career law enforcement officer.--Section 1709(1) of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796dd-8) is amended by inserting after 
        ``criminal laws'' the following: ``including sheriffs deputies 
        charged with supervising offenders who are released into the 
        community but also engaged in local community policing 
        efforts.''.
            (2) School resource officer.--Section 1709(4) of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd-8) is amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) to serve as a law enforcement liaison with 
                other Federal, State, and local law enforcement and 
                regulatory agencies, to address and document crime and 
                disorder problems including gangs and drug activities, 
                firearms and explosives-related incidents, and the 
                illegal use and possession of alcohol affecting or 
                occurring in or around an elementary or secondary 
                school;'';
                    (B) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) to train students in conflict resolution, 
                restorative justice, and crime awareness, and to 
                provide assistance to and coordinate with other 
                officers, mental health professionals, and youth 
                counselors who are responsible for the implementation 
                of prevention/intervention programs within the 
                schools;''; and
                    (C) by adding at the end the following:
                    ``(H) to work with school administrators, members 
                of the local parent teacher associations, community 
                organizers, law enforcement, fire departments, and 
                emergency medical personnel in the creation, review, 
                and implementation of a school violence prevention 
                plan;
                    ``(I) to assist in documenting the full description 
                of all firearms found or taken into custody on school 
                property and to initiate a firearms trace and 
                ballistics examination for each firearm with the local 
                office of the Bureau of Alcohol, Tobacco, and Firearms;
                    ``(J) to document the full description of all 
                explosives or explosive devices found or taken into 
                custody on school property and report to the local 
                office of the Bureau of Alcohol, Tobacco, and Firearms; 
                and
                    ``(K) to assist school administrators with the 
                preparation of the Department of Education, Annual 
                Report on State Implementation of the Gun-Free Schools 
                Act which tracks the number of students expelled per 
                year for bringing a weapon, firearm, or explosive to 
                school.''.
    (h) Authorization of Appropriations.--Section 1001(a)(11) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(11)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) There are authorized to be appropriated to 
                carry out part Q, to remain available until expended--
                            ``(i) $1,150,000,000 for fiscal year 2003;
                            ``(ii) $1,150,000,000 for fiscal year 2004;
                            ``(iii) $1,150,000,000 for fiscal year 
                        2005;
                            ``(iv) $1,150,000,000 for fiscal year 2006;
                            ``(v) $1,150,000,000 for fiscal year 2007; 
                        and
                            ``(vi) $1,150,000,000 for fiscal year 
                        2008.''; and
            (2) in subparagraph (B)--
                    (A) by striking ``3 percent'' and inserting ``5 
                percent'';
                    (B) by striking ``1701(f)'' and inserting 
                ``1701(g)'';
                    (C) by striking the second sentence and inserting 
                ``Of the remaining funds, if there is a demand for 50 
                percent of appropriated hiring funds, as determined by 
                eligible hiring applications from law enforcement 
                agencies having jurisdiction over areas with 
                populations exceeding 150,000, no less than 50 percent 
                shall be allocated for grants pursuant to applications 
                submitted by units of local government or law 
                enforcement agencies having jurisdiction over areas 
                with populations exceeding 150,000 or by public and 
                private entities that serve areas with populations 
                exceeding 150,000, and no less than 50 percent shall be 
                allocated for grants pursuant to applications submitted 
                by units of local government or law enforcement 
                agencies having jurisdiction over areas with 
                populations less than 150,000 or by public and private 
                entities that serve areas with populations less than 
                150,000.'';
                    (D) by striking ``85 percent'' and inserting 
                ``$600,000,000''; and
                    (E) by striking ``1701(b),'' and all that follows 
                through ``of part Q'' and inserting the following: 
                ``1701 (b) and (c), $350,000,000 to grants for the 
                purposes specified in section 1701(e), and $200,000,000 
                to grants for the purposes specified in section 
                1701(f).''.

               PART 2--HOMETOWN HEROES SURVIVORS BENEFITS

SEC. 4111. SHORT TITLE.

    This part may be cited as the ``Hometown Heroes Survivors Benefits 
Act of 2003''.

SEC. 4112. FATAL HEART ATTACK OR STROKE ON DUTY PRESUMED TO BE DEATH IN 
              LINE OF DUTY FOR PURPOSES OF PUBLIC SAFETY OFFICER 
              SURVIVOR BENEFITS.

    (a) In General.--Section 1201 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at the end 
the following:
    ``(k) For purposes of this section, if a public safety officer dies 
as the direct and proximate result of a heart attack or stroke suffered 
while on duty or within 24 hours after participating in a training 
exercise or responding to an emergency situation, that officer shall be 
presumed to have died as the direct and proximate result of a personal 
injury sustained in the line of duty.''.
    (b) Applicability.--Subsection (k) of section 1201 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (as added by subsection (a)) 
shall apply to deaths occurring on or after January 1, 2002.

         PART 3--FEDERAL PROSECUTORS RETIREMENT BENEFIT EQUITY

SEC. 4121. SHORT TITLE.

    This part may be cited as the ``Federal Prosecutors Retirement 
Benefit Equity Act of 2003''.

SEC. 4122. INCLUSION OF FEDERAL PROSECUTORS IN THE DEFINITION OF A LAW 
              ENFORCEMENT OFFICER.

    (a) Civil Service Retirement System.--
            (1) In general.--Section 8331(20) of title 5, United States 
        Code, is amended by striking ``position.'' and inserting 
        ``position and a Federal prosecutor.''.
            (2) Federal prosecutor defined.--Section 8331 of title 5, 
        United States Code, is amended--
                    (A) in paragraph (27), by striking ``and'' at the 
                end;
                    (B) in paragraph (28), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(29) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under 
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States.''.
    (b) Federal Employees' Retirement System.--
            (1) In general.--Section 8401(17) of title 5, United States 
        Code, is amended--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by adding ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(E) a Federal prosecutor;''.
            (2) Federal prosecutor defined.--Section 8401 of title 5, 
        United States Code, is amended--
                    (A) in paragraph (33), by striking ``and'' at the 
                end;
                    (B) in paragraph (34), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(35) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under 
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States.''.
    (c) Treatment Under Certain Provisions of Law (Unrelated to 
Retirement) To Remain Unchanged.--
            (1) Original appointments.--Subsections (d) and (e) of 
        section 3307 of title 5, United States Code, are amended by 
        adding at the end of each the following: ``The preceding 
        sentence shall not apply in the case of an original appointment 
        of a Federal prosecutor as defined under section 8331(29) or 
        8401(35).''.
            (2) Mandatory separation.--Sections 8335(b) and 8425(b) of 
        title 5, United States Code, are amended by adding at the end 
        of each the following: ``The preceding provisions of this 
        subsection shall not apply in the case of a Federal prosecutor 
        as defined under section 8331(29) or 8401(35).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first applicable pay period beginning on 
or after the date that is 120 days after the date of enactment of this 
Act.

SEC. 4123. PROVISIONS RELATING TO INCUMBENTS.

    (a) Definitions.--In this section, the term--
            (1) ``Federal prosecutor'' means--
                    (A) an assistant United States attorney under 
                section 542 of title 28, United States Code; or
                    (B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States; and
            (2) ``incumbent'' means an individual who is serving as a 
        Federal prosecutor on the effective date of this section.
    (b) Designated Attorneys.--If the Attorney General of the United 
States makes any designation of an attorney to meet the definition 
under subsection (a)(1)(B) for purposes of being an incumbent under 
this section--
            (1) such designation shall be made before the effective 
        date of this section; and
            (2) the Attorney General shall submit to the Office of 
        Personnel Management before that effective date--
                    (A) the name of the individual designated; and
                    (B) the period of service performed by that 
                individual as a Federal prosecutor before that 
                effective date.
    (c) Notice Requirement.--Not later than 9 months after the date of 
enactment of this Act, the Department of Justice shall take measures 
reasonably designed to provide notice to incumbents on--
            (1) their election rights under this part; and
            (2) the effects of making or not making a timely election 
        under this part.
    (d) Election Available to Incumbents.--
            (1) In general.--An incumbent may elect, for all purposes, 
        to be treated--
                    (A) in accordance with the amendments made by this 
                part; or
                    (B) as if this part had never been enacted.
            (2) Failure to elect.--Failure to make a timely election 
        under this subsection shall be treated in the same way as an 
        election under paragraph (1)(A), made on the last day allowable 
        under paragraph (3).
            (3) Time limitation.--An election under this subsection 
        shall not be effective unless the election is made not later 
        than the earlier of--
                    (A) 120 days after the date on which the notice 
                under subsection (c) is provided; or
                    (B) the date on which the incumbent involved 
                separates from service.
    (e) Limited Retroactive Effect.--
            (1) Effect on retirement.--In the case of an incumbent who 
        elects (or is deemed to have elected) the option under 
        subsection (d)(1)(A), all service performed by that individual 
        as a Federal prosecutor shall--
                    (A) to the extent performed on or after the 
                effective date of that election, be treated in 
                accordance with applicable provisions of subchapter III 
                of chapter 83 or chapter 84 of title 5, United States 
                Code, as amended by this part; and
                    (B) to the extent performed before the effective 
                date of that election, be treated in accordance with 
                applicable provisions of subchapter III of chapter 83 
                or chapter 84 of such title, as if the amendments made 
                by this part had then been in effect.
            (2) No other retroactive effect.--Nothing in this part 
        (including the amendments made by this part) shall affect any 
        of the terms or conditions of an individual's employment (apart 
        from those governed by subchapter III of chapter 83 or chapter 
        84 of title 5, United States Code) with respect to any period 
        of service preceding the date on which such individual's 
        election under subsection (d) is made (or is deemed to have 
        been made).
    (f) Individual Contributions for Prior Service.--
            (1) In general.--An individual who makes an election under 
        subsection (d)(1)(A) may, with respect to prior service 
        performed by such individual, contribute to the Civil Service 
        Retirement and Disability Fund the difference between the 
        individual contributions that were actually made for such 
        service and the individual contributions that should have been 
        made for such service if the amendments made by section 4122 
        had then been in effect.
            (2) Effect of not contributing.--If no part of or less than 
        the full amount required under paragraph (1) is paid, all prior 
        service of the incumbent shall remain fully creditable as law 
        enforcement officer service, but the resulting annuity shall be 
        reduced in a manner similar to that described in section 
        8334(d)(2) of title 5, United States Code, to the extent 
        necessary to make up the amount unpaid.
            (3) Prior service defined.--For purposes of this section, 
        the term ``prior service'' means, with respect to any 
        individual who makes an election under subsection (d)(1)(A), 
        service performed by such individual before the date as of 
        which appropriate retirement deductions begin to be made in 
        accordance with such election.
    (g) Government Contributions for Prior Service.--
            (1) In general.--If an incumbent makes an election under 
        subsection (d)(1)(A), the Department of Justice shall remit to 
        the Office of Personnel Management, for deposit in the Treasury 
        of the United States to the credit of the Civil Service 
        Retirement and Disability Fund, the amount required under 
        paragraph (2) with respect to such service.
            (2) Amount required.--The amount the Department of Justice 
        is required to remit is, with respect to any prior service, the 
        total amount of additional Government contributions to the 
        Civil Service Retirement and Disability Fund (over and above 
        those actually paid) that would have been required if the 
        amendments made by section 4122 had then been in effect.
            (3) Contributions to be made ratably.--Government 
        contributions under this subsection on behalf of an incumbent 
        shall be made by the Department of Justice ratably (on at least 
        an annual basis) over the 10-year period beginning on the date 
        referred to in subsection (f)(3).
    (h) Regulations.--Except as provided under section 4124, the Office 
of Personnel Management shall prescribe regulations necessary to carry 
out this part, including provisions under which any interest due on the 
amount described under subsection (f) shall be determined.
    (i) Effective Date.--This section shall take effect 120 days after 
the date of enactment of this Act.

SEC. 4124. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS.

    (a) Definition.--In this section the term ``Federal prosecutor'' 
has the meaning given under section 4123(a)(1).
    (b) Regulations.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Attorney General of the United 
        States shall--
                    (A) consult with the Office of Personnel Management 
                on this part (including the amendments made by this 
                part); and
                    (B) promulgate regulations for making designations 
                of Federal prosecutors who are not assistant United 
                States attorneys.
            (2) Contents.--Any regulations promulgated under paragraph 
        (1) shall ensure that attorneys designated as Federal 
        prosecutors who are not assistant United States attorneys have 
        routine employee responsibilities that are substantially 
        similar to those of assistant United States attorneys assigned 
        to the litigation of criminal cases, such as the representation 
        of the United States before grand juries and in trials, 
        appeals, and related court proceedings.
    (c) Designations.--The designation of any Federal prosecutor who is 
not an assistant United States attorney for purposes of this part 
(including the amendments made by this part) shall be at the discretion 
of the Attorney General of the United States.

   Subtitle B--Rural Law Enforcement Improvement and Training Grants

SEC. 4201. RURAL LAW ENFORCEMENT RETENTION GRANT PROGRAM.

    Section 1703 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by adding at the 
end the following:
    ``(d) Retention Grants.--
            ``(1) In general.--The Attorney General may make grants to 
        units of local government and tribal governments located 
        outside a Standard Metropolitan Statistical Area, which grants 
        shall be targeted specifically for the retention for 1 
        additional year of police officers funded through the COPS 
        Universal Hiring Program, the COPS FAST Program, the Tribal 
        Resources Grant Program-Hiring, or the COPS in Schools Program.
            ``(2) Preference.--In making grants under this subsection, 
        the Attorney General shall give preference to grantees that 
        demonstrate financial hardship or severe budget constraint that 
        impacts the entire local budget and may result in the 
        termination of employment for police officers described in 
        paragraph (1).
            ``(3) Limit on grant amounts.--The total amount of a grant 
        made under this subsection shall not exceed 20 percent of the 
        original grant to the grantee.
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out this subsection $15,000,000 
                for each of fiscal years 2003 through 2007.
                    ``(B) Set-aside.--Of the amount made available for 
                grants under this subsection for each fiscal year, 10 
                percent shall be awarded to tribal governments.''.

SEC. 4202. RURAL LAW ENFORCEMENT TECHNOLOGY GRANT PROGRAM.

    Section 1701 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking 
subsection (k) and inserting the following:
    ``(k) Law Enforcement Technology Program.--
            ``(1) In general.--Grants made under subsection (a) may be 
        used to assist the police departments of units of local 
        government and tribal governments located outside a Standard 
        Metropolitan Statistical Area, in employing professional, 
        scientific, and technological advancements that will help those 
        police departments to--
                    ``(A) improve police communications through the use 
                of wireless communications, computers, software, 
                videocams, databases and other hardware and software 
                that allow law enforcement agencies to communicate and 
                operate more effectively; and
                    ``(B) develop and improve access to crime solving 
                technologies, including DNA analysis, photo 
                enhancement, voice recognition, and other forensic 
                capabilities.
            ``(2) Cost share requirement.--A recipient of a grant made 
        under subsection (a) and used in accordance with this 
        subsection shall provide matching funds from non-Federal 
        sources in an amount equal to not less than 10 percent of the 
        total amount of the grant made under this subsection, subject 
        to a waiver by the Attorney General for extreme hardship.
            ``(3) Administration.--The COPS Office shall administer the 
        grant program under this subsection.
            ``(4) No supplanting.--Federal funds provided under this 
        subsection shall be used to supplement and not to supplant 
        local funds allocated to technology.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated $40,000,000 for each of fiscal years 2003 
                through 2007 to carry out this subsection.
                    ``(B) Set-aside.--Of the amount made available for 
                grants under this subsection for each fiscal year, 10 
                percent shall be awarded to tribal governments.''.

SEC. 4203. RURAL 9-1-1 SERVICE.

    (a) Purpose.--The purpose of this section is to provide access to, 
and improve a communications infrastructure that will ensure a reliable 
and seamless communication between, law enforcement, fire, and 
emergency medical service providers in units of local government and 
tribal governments located outside a Standard Metropolitan Statistical 
Area and in States.
    (b) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to units of local 
government and tribal governments located outside a Standard 
Metropolitan Statistical Area for the purpose of establishing or 
improving 9-1-1 service in those communities. Priority in making grants 
under this section shall be given to communities that do not have 9-1-1 
service.
    (c) Definition.--In this section, the term ``9-1-1 service'' refers 
to telephone service that has designated 9-1-1 as a universal emergency 
telephone number in the community served for reporting an emergency to 
appropriate authorities and requesting assistance.
    (d) Limit on Grant Amount.--The total amount of a grant made under 
this section shall not exceed $250,000.
    (e) Funding.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $25,000,000 for fiscal years 2003 and 
        2004, to remain available until expended.
            (2) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments.

SEC. 4204. SMALL TOWN AND RURAL LAW ENFORCEMENT TRAINING PROGRAM.

    (a) In General.--There is established a Rural Policing Institute, 
which shall be administered by the National Center for State and Local 
Law Enforcement Training of the Federal Law Enforcement Training Center 
(FLETC) as part of the Small Town and Rural Training (STAR) Program 
to--
            (1) assess the needs of law enforcement in units of local 
        government and tribal governments located outside a Standard 
        Metropolitan Statistical Area;
            (2) develop and deliver export training programs regarding 
        topics such as drug enforcement, airborne counterdrug 
        operations, domestic violence, hate and bias crimes, computer 
        crimes, law enforcement critical incident planning related to 
        school shootings, and other topics identified in the training 
        needs assessment to law enforcement officers in units of local 
        government and tribal governments located outside a Standard 
        Metropolitan Statistical Area; and
            (3) conduct outreach efforts to ensure that training 
        programs under the Rural Policing Institute reach law 
        enforcement officers in units of local government and tribal 
        governments located outside a Standard Metropolitan Statistical 
        Area.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $10,000,000 for fiscal years 2003 and 2004, and $5,000,000 for 
        each of fiscal years 2005 through 2008 to carry out this 
        section, including contracts, staff, and equipment.
            (2) Set-aside.--Of the amount made available for grants 
        under this section for each fiscal year, 10 percent shall be 
        awarded to tribal governments.

                         Subtitle C--FBI Reform

SEC. 4301. SHORT TITLE.

    This subtitle may be cited as the ``Federal Bureau of Investigation 
Reform Act of 2003''.

                    PART 1--WHISTLEBLOWER PROTECTION

SEC. 4311. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.

    Section 2303 of title 5, United States Code, is amended to read as 
follows:
``Sec. 2303. Prohibited personnel practices in the Federal Bureau of 
              Investigation
    ``(a) Definition.--In this section, the term `personnel action' 
means any action described in clauses (i) through (x) of section 
2302(a)(2)(A).
    ``(b) Prohibited Practices.--Any employee of the Federal Bureau of 
Investigation who has the authority to take, direct others to take, 
recommend, or approve any personnel action, shall not, with respect to 
such authority, take or fail to take a personnel action with respect to 
any employee of the Bureau or because of--
            ``(1) any disclosure of information by the employee to the 
        Attorney General (or an employee designated by the Attorney 
        General for such purpose), a supervisor of the employee, the 
        Inspector General for the Department of Justice, or a Member of 
        Congress that the employee reasonably believes evidences--
                    ``(A) a violation of any law, rule, or regulation; 
                or
                    ``(B) mismanagement, a gross waste of funds, an 
                abuse of authority, or a substantial and specific 
                danger to public health or safety; or
            ``(2) any disclosure of information by the employee to the 
        Special Counsel of information that the employee reasonably 
        believes evidences--
                    ``(A) a violation of any law, rule, or regulation; 
                or
                    ``(B) mismanagement, a gross waste of funds, an 
                abuse of authority, or a substantial and specific 
                danger to public health or safety,
        if such disclosure is not specifically prohibited by law and if 
        such information is not specifically required by Executive 
        order to be kept secret in the interest of national defense or 
        the conduct of foreign affairs.
    ``(c) Individual Right of Action.--Chapter 12 of this title shall 
apply to an employee of the Federal Bureau of Investigation who claims 
that a personnel action has been taken under this section against the 
employee as a reprisal for any disclosure of information described in 
subsection (b)(2).
    ``(d) Regulations.--The Attorney General shall prescribe 
regulations to ensure that a personnel action under this section shall 
not be taken against an employee of the Federal Bureau of Investigation 
as a reprisal for any disclosure of information described in subsection 
(b)(1), and shall provide for the enforcement of such regulations in a 
manner consistent with applicable provisions of sections 1214 and 1221, 
and in accordance with the procedures set forth in sections 554 through 
557 and 701 through 706.''.

                  PART 2--FBI SECURITY CAREER PROGRAM

SEC. 4321. SECURITY MANAGEMENT POLICIES.

    The Attorney General shall establish policies and procedures for 
the effective management (including accession, education, training, and 
career development) of persons serving in security positions in the 
Federal Bureau of Investigation.

SEC. 4322. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION.

    (a) In General.--Subject to the authority, direction, and control 
of the Attorney General, the Director of the Federal Bureau of 
Investigation (referred to in this part as the ``Director'') shall 
carry out all powers, functions, and duties of the Attorney General 
with respect to the security workforce in the Federal Bureau of 
Investigation.
    (b) Policy Implementation.--The Director shall ensure that the 
policies of the Attorney General established in accordance with this 
subtitle are implemented throughout the Federal Bureau of Investigation 
at both the headquarters and field office levels.

SEC. 4323. DIRECTOR OF SECURITY.

    The Director shall appoint a Director of Security, or such other 
title as the Director may determine, to assist the Director in the 
performance of the duties of the Director under this subtitle.

SEC. 4324. SECURITY CAREER PROGRAM BOARDS.

    (a) Establishment.--The Director acting through the Director of 
Security shall establish a security career program board to advise the 
Director in managing the hiring, training, education, and career 
development of personnel in the security workforce of the Federal 
Bureau of Investigation.
    (b) Composition of Board.--The security career program board shall 
include--
            (1) the Director of Security (or a representative of the 
        Director of Security);
            (2) the senior officials, as designated by the Director, 
        with responsibility for personnel management;
            (3) the senior officials, as designated by the Director, 
        with responsibility for information management;
            (4) the senior officials, as designated by the Director, 
        with responsibility for training and career development in the 
        various security disciplines; and
            (5) such other senior officials for the intelligence 
        community as the Director may designate.
    (c) Chairperson.--The Director of Security (or a representative of 
the Director of Security) shall be the chairperson of the board.
    (d) Subordinate Boards.--The Director of Security may establish a 
subordinate board structure to which functions of the security career 
program board may be delegated.

SEC. 4325. DESIGNATION OF SECURITY POSITIONS.

    (a) Designation.--The Director shall designate, by regulation, 
those positions in the Federal Bureau of Investigation that are 
security positions for purposes of this subtitle.
    (b) Required Positions.--In designating security positions under 
subsection (a), the Director shall include, at a minimum, all security-
related positions in the areas of--
            (1) personnel security and access control;
            (2) information systems security and information assurance;
            (3) physical security and technical surveillance 
        countermeasures;
            (4) operational, program, and industrial security; and
            (5) information security and classification management.

SEC. 4326. CAREER DEVELOPMENT.

    (a) Career Paths.--The Director shall ensure that appropriate 
career paths for personnel who wish to pursue careers in security are 
identified in terms of the education, training, experience, and 
assignments necessary for career progression to the most senior 
security positions and shall make available published information on 
those career paths.
    (b) Limitation on Preference for Special Agents.--
            (1) In general.--Except as provided in the policy 
        established under paragraph (2), the Attorney General shall 
        ensure that no requirement or preference for a Special Agent of 
        the Federal Bureau of Investigation (referred to in this part 
        as a ``Special Agent'') is used in the consideration of persons 
        for security positions.
            (2) Policy.--The Attorney General shall establish a policy 
        that permits a particular security position to be specified as 
        available only to Special Agents, if a determination is made, 
        under criteria specified in the policy, that a Special Agent--
                    (A) is required for that position by law;
                    (B) is essential for performance of the duties of 
                the position; or
                    (C) is necessary for another compelling reason.
            (3) Report.--Not later than December 15 of each year, the 
        Director shall submit to the Attorney General a report that 
        lists--
                    (A) each security position that is restricted to 
                Special Agents under the policy established under 
                paragraph (2); and
                    (B) the recommendation of the Director as to 
                whether each restricted security position should remain 
                restricted.
    (c) Opportunities To Qualify.--The Attorney General shall ensure 
that all personnel, including Special Agents, are provided the 
opportunity to acquire the education, training, and experience 
necessary to qualify for senior security positions.
    (d) Best Qualified.--The Attorney General shall ensure that the 
policies established under this subtitle are designed to provide for 
the selection of the best qualified individual for a position, 
consistent with other applicable law.
    (e) Assignments Policy.--The Attorney General shall establish a 
policy for assigning Special Agents to security positions that provides 
for a balance between--
            (1) the need for personnel to serve in career enhancing 
        positions; and
            (2) the need for requiring service in each such position 
        for sufficient time to provide the stability necessary to carry 
        out effectively the duties of the position and to allow for the 
        establishment of responsibility and accountability for actions 
        taken in the position.
    (f) Length of Assignment.--In implementing the policy established 
under subsection (b)(2), the Director shall provide, as appropriate, 
for longer lengths of assignments to security positions than 
assignments to other positions.
    (g) Performance Appraisals.--The Director shall provide an 
opportunity for review and inclusion of any comments on any appraisal 
of the performance of a person serving in a security position by a 
person serving in a security position in the same security career 
field.
    (h) Balanced Workforce Policy.--In the development of security 
workforce policies under this subtitle with respect to any employees or 
applicants for employment, the Attorney General shall, consistent with 
the merit system principles set out in paragraphs (1) and (2) of 
section 2301(b) of title 5, United States Code, take into consideration 
the need to maintain a balanced workforce in which women and members of 
racial and ethnic minority groups are appropriately represented in 
Government service.

SEC. 4327. GENERAL EDUCATION, TRAINING, AND EXPERIENCE REQUIREMENTS.

    (a) In General.--The Director shall establish education, training, 
and experience requirements for each security position, based on the 
level of complexity of duties carried out in the position.
    (b) Qualification Requirements.--Before being assigned to a 
position as a program manager or deputy program manager of a 
significant security program, a person--
            (1) must have completed a security program management 
        course that is accredited by the Intelligence Community-
        Department of Defense Joint Security Training Consortium or is 
        determined to be comparable by the Director; and
            (2) must have not less than 6 years experience in security, 
        of which not less than 2 years were performed in a similar 
        program office or organization.

SEC. 4328. EDUCATION AND TRAINING PROGRAMS.

    (a) In General.--The Director, in consultation with the Director of 
Central Intelligence and the Secretary of Defense, shall establish and 
implement education and training programs for persons serving in 
security positions in the Federal Bureau of Investigation.
    (b) Other Programs.--The Director shall ensure that programs 
established under subsection (a) are established and implemented, to 
the maximum extent practicable, uniformly with the programs of the 
Intelligence Community and the Department of Defense.

SEC. 4329. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.

    (a) In General.--The Attorney General shall submit any requirement 
that is established under section 4327 to the Director of the Office of 
Personnel Management for approval.
    (b) Final Approval.--If the Director does not disapprove the 
requirements established under section 4327 within 30 days after the 
date on which the Director receives the requirement, the requirement is 
deemed to be approved by the Director of the Office of Personnel 
Management.

           PART 3--FBI COUNTERINTELLIGENCE POLYGRAPH PROGRAM

SEC. 4331. DEFINITIONS.

    In this part:
            (1) Polygraph program.--The term ``polygraph program'' 
        means the counterintelligence screening polygraph program 
        established under section 4332.
            (2) Polygraph review.--The term ``Polygraph Review'' means 
        the review of the scientific validity of the polygraph for 
        counterintelligence screening purposes conducted by the 
        Committee to Review the Scientific Evidence on the Polygraph of 
        the National Academy of Sciences.

SEC. 4332. ESTABLISHMENT OF PROGRAM.

    Not later than 6 months after the date of enactment of this Act, 
the Attorney General, in consultation with the Director of the Federal 
Bureau of Investigation and the Director of Security of the Federal 
Bureau of Investigation, shall establish a counterintelligence 
screening polygraph program for the Federal Bureau of Investigation 
that consists of periodic polygraph examinations of employees, or 
contractor employees of the Federal Bureau of Investigation who are in 
positions specified by the Director of the Federal Bureau of 
Investigation as exceptionally sensitive in order to minimize the 
potential for unauthorized release or disclosure of exceptionally 
sensitive information.

SEC. 4333. REGULATIONS.

    (a) In General.--The Attorney General shall prescribe regulations 
for the polygraph program in accordance with subchapter II of chapter 5 
of title 5, United States Code (commonly referred to as the 
Administrative Procedures Act).
    (b) Considerations.--In prescribing regulations under subsection 
(a), the Attorney General shall--
            (1) take into account the results of the Polygraph Review; 
        and
            (2) include procedures for--
                    (A) identifying and addressing false positive 
                results of polygraph examinations;
                    (B) ensuring that adverse personnel actions are not 
                taken against an individual solely by reason of the 
                physiological reaction of the individual to a question 
                in a polygraph examination, unless--
                            (i) reasonable efforts are first made 
                        independently to determine through alternative 
                        means, the veracity of the response of the 
                        individual to the question; and
                            (ii) the Director of the Federal Bureau of 
                        Investigation determines personally that the 
                        personnel action is justified;
                    (C) ensuring quality assurance and quality control 
                in accordance with any guidance provided by the 
                Department of Defense Polygraph Institute and the 
                Director of Central Intelligence; and
                    (D) allowing any employee or contractor who is the 
                subject of a counterintelligence screening polygraph 
                examination under the polygraph program, upon written 
                request, to have prompt access to any unclassified 
                reports regarding an examination that relates to any 
                adverse personnel action taken with respect to the 
                individual.

SEC. 4334. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL SECURITY 
              PROGRAM.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to Congress a report setting forth 
recommendations for any legislative action that the Director considers 
appropriate in order to enhance the personnel security program of the 
Federal Bureau of Investigation.
    (b) Polygraph Review Results.--Any recommendation under subsection 
(a) regarding the use of polygraphs shall take into account the results 
of the Polygraph Review.

                            PART 4--REPORTS

SEC. 4341. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS AND ACTIVITIES.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Attorney General shall submit to Congress a 
report describing the statutory and other legal authority for all 
programs and activities of the Federal Bureau of Investigation.
    (b) Contents.--The report submitted under subsection (a) shall 
describe--
            (1) the titles within the United States Code and the 
        statutes for which the Federal Bureau of Investigation 
        exercises investigative responsibility;
            (2) each program or activity of the Federal Bureau of 
        Investigation that has express statutory authority and the 
        statute which provides that authority; and
            (3) each program or activity of the Federal Bureau of 
        Investigation that does not have express statutory authority, 
        and the source of the legal authority for that program or 
        activity.
    (c) Recommendations.--The report submitted under subsection (a) 
shall recommend whether--
            (1) the Federal Bureau of Investigation should continue to 
        have investigative responsibility for each statute for which 
        the Federal Bureau of Investigation currently has investigative 
        responsibility;
            (2) the legal authority for any program or activity of the 
        Federal Bureau of Investigation should be modified or repealed;
            (3) the Federal Bureau of Investigation should have express 
        statutory authority for any program or activity of the Federal 
        Bureau of Investigation for which the Federal Bureau of 
        Investigation does not currently have express statutory 
        authority; and
            (4) the Federal Bureau of Investigation should--
                    (A) have authority for any new program or activity; 
                and
                    (B) express statutory authority with respect to any 
                new programs or activities.

                   PART 5--ENDING THE DOUBLE STANDARD

SEC. 4351. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS OF THE SENIOR 
              EXECUTIVE SERVICE FOR 14 DAYS OR LESS.

    Section 7542 of title 5, United States Code, is amended by striking 
``for more than 14 days''.

SEC. 4352. SUBMITTING OFFICE OF PROFESSIONAL RESPONSIBILITY REPORTS TO 
              CONGRESSIONAL COMMITTEES.

    (a) In General.--For each of the 5 years following the date of 
enactment of this Act, the Office of the Inspector General shall submit 
to the chairperson and ranking member of the Committees on the 
Judiciary of the Senate and the House of Representatives an annual 
report to be completed by the Federal Bureau of Investigation, Office 
of Professional Responsibility and provided to the Inspector General, 
which sets forth--
            (1) basic information on each investigation completed by 
        that Office;
            (2) the findings and recommendations of that Office for 
        disciplinary action; and
            (3) what, if any, action was taken by the Director of the 
        Federal Bureau of Investigation or the designee of the Director 
        based on any such recommendation.
    (b) Contents.--In addition to all matters already included in the 
annual report described in subsection (a), the report shall also 
include an analysis of--
            (1) whether senior Federal Bureau of Investigation 
        employees and lower level Federal Bureau of Investigation 
        personnel are being disciplined and investigated similarly; and
            (2) whether any double standard is being employed to more 
        senior employees with respect to allegations of misconduct.

        PART 6--ENHANCING SECURITY AT THE DEPARTMENT OF JUSTICE

SEC. 4361. REPORT ON THE PROTECTION OF SECURITY AND INFORMATION AT THE 
              DEPARTMENT OF JUSTICE.

    Not later than 9 months after the date of enactment of this Act, 
the Attorney General shall submit to Congress a report on the manner in 
which the Security and Emergency Planning Staff, the Office of 
Intelligence Policy and Review, and the Chief Information Officer of 
the Department of Justice plan to improve the protection of security 
and information at the Department of Justice, including a plan to 
establish secure electronic communications between the Federal Bureau 
of Investigation and the Office of Intelligence Policy and Review for 
processing information related to the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.).

SEC. 4362. AUTHORIZATION FOR INCREASED RESOURCES TO PROTECT SECURITY 
              AND INFORMATION.

    There are authorized to be appropriated to the Department of 
Justice for the activities of the Security and Emergency Planning Staff 
to meet the increased demands to provide personnel, physical, 
information, technical, and litigation security for the Department of 
Justice, to prepare for terrorist threats and other emergencies, and to 
review security compliance by components of the Department of Justice--
            (1) $13,000,000 for fiscal years 2003 and 2004;
            (2) $17,000,000 for fiscal year 2005; and
            (3) $22,000,000 for fiscal year 2006.

SEC. 4363. AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL NATIONAL 
              SECURITY MISSION OF THE DEPARTMENT OF JUSTICE.

    There are authorized to be appropriated to the Department of 
Justice for the activities of the Office of Intelligence Policy and 
Review to help meet the increased personnel demands to combat 
terrorism, process applications to the Foreign Intelligence 
Surveillance Court, participate effectively in counterespionage 
investigations, provide policy analysis and oversight on national 
security matters, and enhance secure computer and telecommunications 
facilities--
            (1) $7,000,000 for fiscal years 2003 and 2004;
            (2) $7,500,000 for fiscal year 2005; and
            (3) $8,000,000 for fiscal year 2006.

               Subtitle D--DNA Sexual Assault Justice Act

SEC. 4401. SHORT TITLE.

    This subtitle may be cited as the ``DNA Sexual Assault Justice Act 
of 2003''.

SEC. 4402. ASSESSMENT OF BACKLOG IN DNA ANALYSIS OF SAMPLES.

    (a) Assessment.--The Attorney General, acting through the Director 
of the National Institute of Justice, shall survey Federal, State, 
local, and tribal law enforcement jurisdictions to assess the amount of 
DNA evidence contained in rape kits and in other evidence from sexual 
assault crimes that has not been subjected to testing and analysis.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General shall submit to 
        Congress a report on the assessment carried out under 
        subsection (a).
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) the results of the assessment carried out under 
                subsection (a);
                    (B) the number of rape kit samples and other 
                evidence from sexual assault crimes that have not been 
                subjected to DNA testing and analysis; and
                    (C) a plan for carrying out additional assessments 
                and reports on the backlog in crime scene DNA testing 
                and analysis.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Justice to carry out this section 
$500,000 for fiscal years 2003 and 2004.

SEC. 4403. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) by striking the heading and inserting ``authorization 
        of debbie smith dna backlog grants.''; and
            (2) in subsection (a)--
                    (A) in paragraph (2), by inserting ``including 
                samples from rape kits and samples from other sexual 
                assault evidence, including samples taken in cases with 
                no identified suspect'' after ``crime scene''; and
                    (B) by adding at the end the following:
            ``(4) To ensure that DNA testing and analysis of samples 
        from rape kits and nonsuspect cases are carried out in a timely 
        manner.''.

SEC. 4404. INCREASED GRANTS FOR ANALYSIS OF DNA SAMPLES FROM CONVICTED 
              OFFENDERS AND CRIME SCENES.

    Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(j)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end; and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) $15,000,000 for fiscal year 2003;
                    ``(D) $15,000,000 for fiscal year 2004;
                    ``(E) $15,000,000 for fiscal year 2005;
                    ``(F) $15,000,000 for fiscal year 2006; and
                    ``(G) $15,000,000 for fiscal year 2007.
        Amounts made available to carry out the purposes specified in 
        subsection (a)(1) shall remain available until expended.''; and
            (2) in paragraph (2), by striking subparagraphs (C) and (D) 
        and inserting the following:
                    ``(C) $75,000,000 for fiscal year 2003;
                    ``(D) $75,000,000 for fiscal year 2004;
                    ``(E) $75,000,000 for fiscal year 2005;
                    ``(F) $75,000,000 for fiscal year 2006; and
                    ``(G) $25,000,000 for fiscal year 2007.
        Amounts made available to carry out the purposes specified in 
        paragraphs (2) and (3) of subsection (a) shall remain available 
        until expended.''.

SEC. 4405. AUTHORITY OF LOCAL GOVERNMENTS TO APPLY FOR AND RECEIVE DNA 
              BACKLOG ELIMINATION GRANTS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``, units of local 
                        government, or Indian tribes'' after ``eligible 
                        States''; and
                            (ii) by inserting ``, unit of local 
                        government, or Indian tribe'' after ``State''; 
                        and
                    (B) in paragraph (3), by striking ``or by units of 
                local government'' and inserting ``, units of local 
                government, or Indian tribes'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or unit of local government, or the head of 
                the Indian tribe'' after ``State'' each place that term 
                appears;
                    (B) in paragraph (1), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'';
                    (C) in paragraph (3), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'' the 
                first time that term appears;
                    (D) in paragraph (4), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State''; 
                and
                    (E) in paragraph (5), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'';
            (3) in subsection (c), by inserting ``, unit of local 
        government, or Indian tribe'' after ``State'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``or a 
                        unit of local government'' and inserting ``, a 
                        unit of local government, or an Indian tribe''; 
                        and
                            (ii) in subparagraph (B), by striking ``or 
                        a unit of local government'' and inserting ``, 
                        a unit of local government, or an Indian 
                        tribe''; and
                    (B) in paragraph (2)(A), by inserting ``, units of 
                local government, and Indian tribes,'' after 
                ``States'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by inserting ``or local 
                government'' after ``State'' each place that term 
                appears; and
                    (B) in paragraph (2), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'';
            (6) in subsection (f), in the matter preceding paragraph 
        (1), by inserting ``, unit of local government, or Indian 
        tribe'' after ``State'';
            (7) in subsection (g)--
                    (A) in paragraph (1), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State''; 
                and
                    (B) in paragraph (2), by inserting ``, units of 
                local government, or Indian tribes'' after ``States''; 
                and
            (8) in subsection (h), by inserting ``, unit of local 
        government, or Indian tribe'' after ``State'' each place that 
        term appears.

SEC. 4406. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG GRANTS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(6) if the applicant is a unit of local government, 
        certify that the applicant participates in a State laboratory 
        system;
            ``(7) provide assurances that, not later than 3 years after 
        the date on which the application is submitted, the State, unit 
        of local government, or Indian tribe will implement a plan for 
        forwarding, not later than 180 days after a DNA evidence sample 
        is obtained, all samples collected in cases of sexual assault 
        to a laboratory that meets the quality assurance standards for 
        testing under subsection (d); and
            ``(8) upon issuance of the regulations specified in section 
        10(d), certify that the State, unit of local government, or 
        Indian tribe is in compliance with those regulations.''; and
            (2) by adding at the end the following:
    ``(k) Priority.--In awarding grants under this section, the 
Attorney General shall give priority to a State or unit of local 
government that has a significant rape kit or nonsuspect case backlog 
per capita as compared with other applicants.''.

SEC. 4407. QUALITY ASSURANCE STANDARDS FOR COLLECTION AND HANDLING OF 
              DNA EVIDENCE.

    (a) National Protocol.--
            (1) In general.--The Attorney General shall review 
        national, State, local, and tribal government protocols, that 
        exist on or before the date of enactment of this Act, on the 
        collection and processing of DNA evidence at crime scenes.
            (2) Recommended protocol.--Based upon the review described 
        in paragraph (1), the Attorney General shall develop a 
        recommended national protocol for the collection of DNA 
        evidence at crime scenes, including crimes of rape and other 
        sexual assault.
    (b) Standards, Practice, and Training for Sexual Assault Forensic 
Examinations.--Section 1405(a) of the Victims of Trafficking and 
Violence Protection Act of 2000 (42 U.S.C. 3796gg note) is amended--
            (1) in paragraph (2), by inserting ``and emergency response 
        personnel'' after ``health care students''; and
            (2) in paragraph (3), by inserting ``and DNA evidence 
        collection'' after ``sexual assault forensic examinations''.

SEC. 4408. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

    (a) Authorization of Grants.--The Attorney General shall make 
grants to eligible entities to--
            (1) establish and maintain sexual assault examiner 
        programs;
            (2) carry out sexual assault examiner training and 
        certification; and
            (3) acquire or improve forensic equipment.
    (b) Eligible Entity.--For purposes of this section, the term 
``eligible entity'' means--
            (1) a State;
            (2) a unit of local government;
            (3) a college, university, or other institute of higher 
        learning;
            (4) an Indian tribe;
            (5) sexual assault examination programs, including sexual 
        assault nurse examiner (SANE) programs, sexual assault forensic 
        examiner (SAFE) programs, and sexual assault response team 
        (SART) programs; and
            (6) a State sexual assault coalition.
    (c) Application.--To receive a grant under this section--
            (1) an eligible entity shall submit to the Attorney General 
        an application in such form and containing such information as 
        the Attorney General may require; and
            (2) an existing or proposed sexual assault examination 
        program shall also--
                    (A) certify that the program complies with the 
                standards and recommended protocol developed by the 
                Attorney General pursuant to section 1405 of the 
                Victims of Trafficking and Violence Protection Act of 
                2000 (42 U.S.C. 3796gg note); and
                    (B) certify that the applicant is aware of, and 
                utilizing, uniform protocols and standards issued by 
                the Department of Justice on the collection and 
                processing of DNA evidence at crime scenes.
    (d) Priority.--In awarding grants under this section, the Attorney 
General shall give priority to proposed or existing sexual assault 
examination programs that are serving, or will serve, populations 
currently underserved by existing sexual assault examination programs.
    (e) Restrictions on Use of Funds.--
            (1) Supplemental funds.--Funds made available under this 
        section shall not be used to supplant State funds, but shall be 
        used to increase the amount of funds that would, in the absence 
        of Federal funds, be made available from State sources for the 
        purposes of this section.
            (2) Administrative costs.--An eligible entity may not use 
        more than 5 percent of the funds it receives under this section 
        for administrative expenses.
            (3) Nonexclusivity.--Nothing in this section shall be 
        construed to limit or restrict the ability of proposed or 
        existing sexual assault examination programs to apply for and 
        obtain Federal funding from any other agency or department or 
        any other Federal grant program.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice, to remain available until 
expended, $30,000,000 for each of fiscal years 2003 through 2007 to 
carry out this section.

SEC. 4409. DNA EVIDENCE TRAINING GRANTS.

    (a) Authorization of Grants.--The Attorney General shall make 
grants to eligible entities to--
            (1) train law enforcement personnel and all other first 
        responders at crime scenes, including investigators, in the 
        handling of sexual assault cases and the collection and use of 
        DNA samples for use as forensic evidence;
            (2) train State and local prosecutors on the use of DNA 
        samples for use as forensic evidence; and
            (3) train law enforcement personnel to recognize, detect, 
        report, and respond to drug-facilitated sexual assaults.
    (b) Eligible Entity.--For purposes of this section, the term 
``eligible entity'' means--
            (1) a State;
            (2) a unit of local government;
            (3) a college, university, or other institute of higher 
        learning; and
            (4) an Indian tribe.
    (c) Application.--To receive a grant under this section, the chief 
executive officer of a State, unit of local government, or university, 
or the head of a tribal government that desires a grant under this 
section shall submit to the Attorney General--
            (1) an application in such form and containing such 
        information as the Attorney General may require;
            (2) certification that the applicant is aware of, and 
        utilizing, uniform protocols and standards issued by the 
        Department of Justice on the collection and processing of DNA 
        evidence at crime scenes;
            (3) certification that the applicant is aware of, and 
        utilizing, the national sexual assault forensic examination 
        training protocols developed under section 1405(a) of the 
        Victims of Trafficking and Violence Protection Act of 2000 (42 
        U.S.C. 3796gg note); and
            (4) if the applicant is a unit of local government, 
        certification that the applicant participates in a State 
        laboratory system.
    (d) Restrictions on Use of Funds.--
            (1) Supplemental funds.--Funds made available under this 
        section shall not be used to supplant State funds, but shall be 
        used to increase the amount of funds that would, in the absence 
        of Federal funds, be made available from State sources for the 
        purposes of this section.
            (2) Administrative costs.--An eligible entity may not use 
        more than 5 percent of the funds it receives under this section 
        for administrative expenses.
            (3) Nonexclusivity.--Nothing in this section shall be 
        construed to limit or restrict the ability of an eligible 
        entity to apply for and obtain Federal funding from any other 
        agency or department or any other Federal grant program.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice $10,000,000 for each of 
fiscal years 2003 through 2007 to carry out this section.

SEC. 4410. AUTHORIZING JOHN DOE DNA INDICTMENTS.

    (a) Limitations.--Section 3282 of title 18, United States Code, is 
amended--
            (1) by striking ``Except'' and inserting the following:
    ``(a) Limitation.--Except''; and
            (2) by adding at the end the following:
    ``(b) DNA Profile Indictment.--
            ``(1) In general.--In any indictment found for an offense 
        under chapter 109A, if the identity of the accused is unknown, 
        it shall be sufficient to describe the accused as an individual 
        whose name is unknown, but who has a particular DNA profile.
            ``(2) Exception.--Any indictment described in paragraph 
        (1), which is found within 5 years after the offense under 
        chapter 109A shall have been committed, shall not be subject 
        to--
                    ``(A) the limitations period described in 
                subsection (a); and
                    ``(B) the provisions of chapter 208 until the 
                individual is arrested or served with a summons in 
                connection with the charges contained in the 
                indictment.
            ``(3) Definition.--For purposes of this subsection, the 
        term `DNA profile' means a set of DNA identification 
        characteristics.''.
    (b) Rules of Criminal Procedure.--Rule 7 of the Federal Rules of 
Criminal Procedure is amended in subdivision (c)(1) by adding at the 
end the following: ``For purposes of an indictment referred to in 
section 3282 of title 18, United States Code, if the identity of the 
defendant is unknown, it shall be sufficient to describe the defendant, 
in the indictment, as an individual whose name is unknown, but who has 
a particular DNA profile, as defined in that section 3282.''.

SEC. 4411. INCREASED GRANTS FOR COMBINED DNA INDEX SYSTEM (CODIS).

    Section 210306 of the DNA Identification Act of 1994 (42 
U.S.C.14134) is amended--
            (1) by striking ``There'' and inserting the following:
    ``(a) In General.--There''; and
            (2) by adding at the end the following:
    ``(b) Increased Grants for CODIS.--There is authorized to be 
appropriated to the Federal Bureau of Investigation to carry out 
upgrades to the Combined DNA Index System (CODIS) $9,700,000 for fiscal 
years 2003 and 2004.''.

SEC. 4412. INCREASED GRANTS FOR FEDERAL CONVICTED OFFENDER PROGRAM 
              (FCOP).

    Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135a) is amended by adding at the end the following:
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Federal Bureau of Investigation to carry out this 
section $500,000 for fiscal years 2003 and 2004.''.

SEC. 4413. PRIVACY REQUIREMENTS FOR HANDLING DNA EVIDENCE AND DNA 
              ANALYSES.

    (a) Privacy Protection Standard.--Section 10(a) of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135e(a)) is amended by 
inserting before the period at the end the following: ``or in section 
3282(b) of title 18, United States Code''.
    (b) Limitation on Access to DNA Information.--Section 10 of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135e) is amended 
by adding at the end the following:
    ``(d) Limitation on Access to DNA Information.--
            ``(1) In general.--The Attorney General shall establish, by 
        regulation, procedures to limit access to, or use of, stored 
        DNA samples or DNA analyses.
            ``(2) Regulations.--The regulations established under 
        paragraph (1) shall establish conditions for using DNA 
        information to--
                    ``(A) limit the use and dissemination of such 
                information, as provided under subparagraphs (A), (B), 
                and (C) of section 210304(b)(3) of the Violent Crime 
                Control and Law Enforcement Act of 1994 (42 U.S.C. 
                14132(b)(3));
                    ``(B) limit the redissemination of such 
                information;
                    ``(C) ensure the accuracy, security, and 
                confidentiality of such information;
                    ``(D) protect any privacy rights of individuals who 
                are the subject of such information; and
                    ``(E) provide for the timely removal and 
                destruction of obsolete or inaccurate information, or 
                information required to be expunged.''.
    (c) Criminal Penalty.--Section 10(c) of the DNA Analysis Backlog 
Elimination Act of 2000 (42 U.S.C. 14135e) is amended--
            (1) in paragraph (1), by striking ``discloses a sample or 
        result'' and inserting ``discloses or uses a DNA sample or DNA 
        analysis''; and
            (2) in paragraph (2), by inserting ``per offense'' after 
        ``$100,000''.

       Subtitle E--Additional Improvements to the Justice System

SEC. 4501. PROVIDING REMEDIES FOR RETALIATION AGAINST WHISTLEBLOWERS 
              MAKING CONGRESSIONAL DISCLOSURES.

    Section 7211 of title 5, United States Code, is amended--
            (1) by inserting ``(a)'' before ``The right''; and
            (2) by adding at the end the following:
    ``(b) Any employee aggrieved by the discrimination of an employer 
in violation of subsection (a) may bring an action at law or equity for 
de novo review in the appropriate district court of the United States, 
which shall have jurisdiction over an action under this subsection, 
without regard to the amount in controversy.
    ``(c) Any employee prevailing in an action under this section shall 
be entitled to all relief necessary to make the employee whole, 
including--
            ``(1) reinstatement with the same seniority status that the 
        employee would have had but for the discrimination;
            ``(2) the amount of back pay lost as a result of the 
        discrimination, with interest;
            ``(3) compensation for any special damages sustained as a 
        result of the discrimination, including litigation costs, 
        expert witness fees, and reasonable attorney fees; and
            ``(4) punitive damages, in appropriate cases.
    ``(d) Upon the request of the complainant, any action under this 
section shall be tried by the court with a jury.
    ``(e) The same legal burdens of proof in proceedings under this 
section shall apply as apply under sections 1214(b)(4)(B) and 1221(c) 
in the case of any alleged prohibited personal practice described in 
section 2302(b)(8).
    ``(f) For purposes of this section, the term `employee' means an 
individual (as defined by section 2105) and any individual or 
organization performing services under a contract with the Government 
(including as an employee of an organization).''.

SEC. 4502. ESTABLISHMENT OF PROTECTIVE FUNCTION PRIVILEGE.

    (a) Findings.--Congress finds the following:
            (1) The physical safety of the Nation's top elected 
        officials is a public good of transcendent importance.
            (2) By virtue of the critical importance of the Office of 
        the President, the President and those in direct line of the 
        Presidency are subject to unique and mortal jeopardy--jeopardy 
        that in turn threatens profound disruption to our system of 
        representative government and to the security and future of the 
        Nation.
            (3) The physical safety of visiting heads of foreign states 
        and foreign governments is also a matter of paramount 
        importance. The assassination of such a person while on 
        American soil could have calamitous consequences for our 
        foreign relations and national security.
            (4) Given these grave concerns, Congress has provided for 
        the Secret Service to protect the President and those in direct 
        line of the Presidency, and has directed that these officials 
        may not waive such protection. Congress has also provided for 
        the Secret Service to protect visiting heads of foreign states 
        and foreign governments.
            (5) The protective strategy of the Secret Service depends 
        critically on the ability of its personnel to maintain close 
        and unremitting physical proximity to the protectee.
            (6) Secret Service personnel must remain at the side of the 
        protectee on occasions of confidential conversations and, as a 
        result, may overhear top secret discussions, diplomatic 
        exchanges, sensitive conversations, and matters of personal 
        privacy.
            (7) The necessary level of proximity can be maintained only 
        in an atmosphere of complete trust and confidence between the 
        protectee and his or her protectors.
            (8) If a protectee has reason to doubt the confidentiality 
        of actions or conversations taken in sight or hearing of Secret 
        Service personnel, the protectee may seek to push the 
        protective envelope away or undermine it to the point at which 
        it could no longer be fully effective.
            (9) The possibility that Secret Service personnel might be 
        compelled to testify against their protectees could induce 
        foreign nations to refuse Secret Service protection in future 
        state visits, making it impossible for the Secret Service to 
        fulfill its important statutory mission of protecting the life 
        and safety of foreign dignitaries.
            (10) A privilege protecting information acquired by Secret 
        Service personnel while performing their protective function in 
        physical proximity to a protectee will preserve the security of 
        the protectee by lessening the incentive of the protectee to 
        distance Secret Service personnel in situations in which there 
        is some risk to the safety of the protectee.
            (11) Recognition of a protective function privilege for the 
        President and those in direct line of the Presidency, and for 
        visiting heads of foreign states and foreign governments, will 
        promote sufficiently important interests to outweigh the need 
        for probative evidence.
            (12) Because Secret Service personnel retain law 
        enforcement responsibility even while engaged in their 
        protective function, the privilege must be subject to a crime 
        or treason exception.
    (b) Purposes.--The purposes of this Act are--
            (1) to facilitate the relationship of trust and confidence 
        between Secret Service personnel and certain protected 
        officials that is essential to the ability of the Secret 
        Service to protect these officials, and the Nation, from the 
        risk of assassination; and
            (2) to ensure that Secret Service personnel are not 
        precluded from testifying in a criminal investigation or 
        prosecution about unlawful activity committed within their view 
        or hearing.
    (c) Admissibility of Information Acquired by Secret Service 
Personnel While Performing Their Protective Function.--
            (1) Protective function privilege.--Chapter 203 of title 
        18, United States Code, is amended by inserting after section 
        3056 the following:
``Sec. 3056A. Testimony by Secret Service personnel; protective 
              function privilege
    ``(a) Definitions.--In this section:
            ``(1) Protectee.--The term `protectee' means--
                    ``(A) the President;
                    ``(B) the Vice President (or other officer next in 
                the order of succession to the Office of President);
                    ``(C) the President-elect;
                    ``(D) the Vice President-elect; and
                    ``(E) visiting heads of foreign states or foreign 
                governments who, at the time and place concerned, are 
                being provided protection by the United States Secret 
                Service.
            ``(2) Secret service personnel.--The term `Secret Service 
        personnel' means any officer or agent of the United States 
        Secret Service.
    ``(b) General Rule of Privilege.--Subject to subsection (c), 
testimony by Secret Service personnel or former Secret Service 
personnel regarding information affecting a protectee that was acquired 
during the performance of a protective function in physical proximity 
to the protectee shall not be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or before any 
court, grand jury, department, officer, agency, regulatory body, or 
other authority of the United States, a State, or a political 
subdivision thereof.
    ``(c) Exceptions.--There is no privilege under this section--
            ``(1) with respect to information that, at the time the 
        information was acquired by Secret Service personnel, was 
        sufficient to provide reasonable grounds to believe that a 
        crime had been, was being, or would be committed; or
            ``(2) if the privilege is waived by the protectee or the 
        legal representative of a protectee or deceased protectee.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 203 of title 18, United States Code, is amended by 
        inserting after the item relating to section 3056 the 
        following:

``3056A. Testimony by Secret Service personnel; protective function 
                            privilege.''.
            (3) Application.--This section and the amendments made by 
        this section shall apply to any proceeding commenced on or 
        after the date of enactment of this section.

SEC. 4503. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS.

    (a) Section 530B of title 28, United States Code, is amended to 
read as follows:

``SEC. 530B. PROFESSIONAL STANDARDS FOR GOVERNMENT ATTORNEYS.

    ``(a) Definitions.--In this section:
            ``(1) Government attorney.--The term `Government 
        attorney'--
                    ``(A) means the Attorney General; the Deputy 
                Attorney General; the Solicitor General; the Associate 
                Attorney General; the head of, and any attorney 
                employed in, any division, office, board, bureau, 
                component, or agency of the Department of Justice; any 
                United States Attorney; any Assistant United States 
                Attorney; any Special Assistant to the Attorney General 
                or Special Attorney appointed under section 515; any 
                Special Assistant United States Attorney appointed 
                under section 543 who is authorized to conduct criminal 
                or civil law enforcement investigations or proceedings 
                on behalf of the United States; any other attorney 
                employed by the Department of Justice who is authorized 
                to conduct criminal or civil law enforcement 
                proceedings on behalf of the United States; any 
                independent counsel, or employee of such counsel, 
                appointed under chapter 40; and any outside special 
                counsel, or employee of such counsel, as may be duly 
                appointed by the Attorney General; and
                    ``(B) does not include any attorney employed as an 
                investigator or other law enforcement agent by the 
                Department of Justice who is not authorized to 
                represent the United States in criminal or civil law 
                enforcement litigation or to supervise such 
                proceedings.
            ``(2) State.--The term `State' includes a Territory and the 
        District of Columbia.
    ``(b) Choice of Law.--Subject to any uniform national rule 
prescribed by the Supreme Court under chapter 131, the standards of 
professional responsibility that apply to a Government attorney with 
respect to the attorney's work for the Government shall be--
            ``(1) for conduct in connection with a proceeding in or 
        before a court, the standards of professional responsibility 
        established by the rules and decisions of that court;
            ``(2) for conduct reasonably intended to lead to a 
        proceeding in or before a court, the standards of professional 
        responsibility established by the rules and decisions of the 
        court in or before which the proceeding is intended to be 
        brought; and
            ``(3) for all other conduct, the standards of professional 
        responsibility established by the rules and decisions of the 
        Federal district court for the judicial district in which the 
        attorney principally performs his or her official duties.
    ``(c) Licensure.--A Government attorney (except foreign counsel 
employed in special cases)--
            ``(1) shall be duly licensed and authorized to practice as 
        an attorney under the laws of a State; and
            ``(2) shall not be required to be a member of the bar of 
        any particular State.
    ``(d) Admissibility of Evidence.--No violation of any disciplinary, 
ethical, or professional conduct rule shall be construed to permit the 
exclusion of otherwise admissible evidence in any Federal criminal 
proceeding.
    ``(e) Rulemaking Authority.--The Attorney General shall make and 
amend rules of the Department of Justice to ensure compliance with this 
section.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
31 of title 28, United States Code, is amended, in the item relating to 
section 530B, by striking ``Ethical standards for attorneys for the 
Government'' and inserting ``Professional standards for Government 
attorneys''.
    (c) Reports.--
            (1) Uniform rule.--In order to encourage the Supreme Court 
        to prescribe, under chapter 131 of title 28, United States 
        Code, a uniform national rule for Government attorneys with 
        respect to communications with represented persons and parties, 
        not later than 1 year after the date of enactment of this Act, 
        the Judicial Conference of the United States shall submit to 
        the Chief Justice of the United States a report, which shall 
        include recommendations with respect to amending the Federal 
        Rules of Practice and Procedure to provide for such a uniform 
        national rule.
            (2) Actual or potential conflicts.--Not later than 2 years 
        after the date of enactment of this Act, the Judicial 
        Conference of the United States shall submit to the Chairmen 
        and Ranking Members of the Committees on the Judiciary of the 
        House of Representatives and the Senate a report, which shall 
        include--
                    (A) a review of any areas of actual or potential 
                conflict between specific Federal duties related to the 
                investigation and prosecution of violations of Federal 
                law and the regulation of Government attorneys (as that 
                term is defined in section 530B of title 28, United 
                States Code, as amended by this Act) by existing 
                standards of professional responsibility; and
                    (B) recommendations with respect to amending the 
                Federal Rules of Practice and Procedure to provide for 
additional rules governing attorney conduct to address any areas of 
actual or potential conflict identified pursuant to the review under 
subparagraph (A).
            (3) Report considerations.--In carrying out paragraphs (1) 
        and (2), the Judicial Conference of the United States shall 
        take into consideration--
                    (A) the needs and circumstances of multiforum and 
                multijurisdictional litigation;
                    (B) the special needs and interests of the United 
                States in investigating and prosecuting violations of 
                Federal criminal and civil law; and
                    (C) practices that are approved under Federal 
                statutory or case law or that are otherwise consistent 
                with traditional Federal law enforcement techniques.

                TITLE V--COMBATING DRUG AND GUN VIOLENCE

          Subtitle A--Drug Treatment, Prevention, and Testing

                         PART 1--DRUG TREATMENT

SEC. 5101. FUNDING FOR RURAL STATE AND ECONOMICALLY DEPRESSED 
              COMMUNITIES.

    (a) In General.--The Director of the Center for Substance Abuse 
Treatment shall provide awards of grants, cooperative agreement, or 
contracts to public and nonprofit private entities for the purpose of 
providing treatment facilities in rural States and economically 
depressed communities that have high rates of drug addiction but lack 
the resources to provide adequate treatment.
    (b) Minimum Qualifications for Receipt of Award.--With respect to 
the principal agency of the State involved that administers programs 
relating to substance abuse, the Director may make an award under 
subsection (a) to an applicant only if the agency has certified to the 
Director that--
            (1) the applicant has the capacity to carry out a program 
        described in subsection (a);
            (2) the plans of the applicant for such a program are 
        consistent with the policies of such agency regarding the 
        treatment of substance abuse; and
            (3) the applicant, or any entity through which the 
        applicant will provide authorized services, meets all 
        applicable State licensure or certification requirements 
        regarding the provision of the services involved.
    (c) Requirement of Matching Funds.--
            (1) In general.--With respect to the costs of the program 
        to be carried out by an applicant pursuant to subsection (a), a 
        funding agreement for an award under such subsection is that 
        the applicant will make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions toward such costs in an amount that--
                    (A) for the first fiscal year for which the 
                applicant receives payments under an award under such 
                subsection, is not less than $1 for each $9 of Federal 
                funds provided in the award;
                    (B) for any second such fiscal year, is not less 
                than $1 for each $9 of Federal funds provided in the 
                award; and
                    (C) for any subsequent such fiscal year, is not 
                less than $1 for each $3 of Federal funds provided in 
                the award.
            (2) Determination of amount contributed.--Non-Federal 
        contributions required in paragraph (1) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    (d) Reports to Director.--A funding agreement for an award under 
subsection (a) is that the applicant involved will submit to the 
Director a report--
            (1) describing the utilization and costs of services 
        provided under the award;
            (2) specifying the number of individuals served and the 
        type and costs of services provided; and
            (3) providing such other information as the Director 
        determines to be appropriate.
    (e) Requirement of Application.--The Director may make an award 
under subsection (a) only if an application for the award is submitted 
to the Director containing such agreements, and the application is in 
such form, is made in such manner, and contains such other agreements 
and such assurances and information as the Director determines to be 
necessary to carry out this section.
    (f) Equitable Allocation of Awards.--In making awards under 
subsection (a), the Director shall ensure that the awards are equitably 
allocated among the principal geographic regions of the United States, 
subject to the availability of qualified applicants for the awards.
    (g) Duration of Award.--The period during which payments are made 
to an entity from an award under subsection (a) may not exceed 5 years. 
The provision of such payments shall be subject to annual approval by 
the Director of the payments and subject to the availability of 
appropriations for the fiscal year involved to make the payments. This 
subsection may not be construed to establish a limitation on the number 
of awards under such subsection that may be made to an entity.
    (h) Evaluations; Dissemination of Findings.--The Director shall, 
directly or through contract, provide for the conduct of evaluations of 
programs carried out pursuant to subsection (a). The Director shall 
disseminate to the States the findings made as a result of the 
evaluations.
    (i) Minimum Allocation.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.75 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section.
    (j) Definition of Rural State.--In this section, the term ``rural 
State'' has the same meaning as in section 1501(b) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for each of the 
fiscal years 2003, 2004, 2005, and 2006.

SEC. 5102. FUNDING FOR RESIDENTIAL TREATMENT CENTERS FOR WOMEN AND 
              CHILDREN.

    (a) In General.--The Director of the Center for Substance Abuse 
Treatment shall provide awards of grants, cooperative agreement, or 
contracts to public and nonprofit private entities for the purpose of 
providing treatment facilities that--
            (1) provide residential treatment for methamphetamine, 
        heroin, and other drug addicted women with minor children; and
            (2) offer specialized treatment for methamphetamine-, 
        heroin-, and other drug-addicted mothers and allow the minor 
        children of those mothers to reside with them in the facility 
        or nearby while treatment is ongoing.
    (b) Minimum Qualifications for Receipt of Award.--With respect to 
the principal agency of the State involved that administers programs 
relating to substance abuse, the Director may make an award under 
subsection (a) to an applicant only if the agency has certified to the 
Director that--
            (1) the applicant has the capacity to carry out a program 
        described in subsection (a);
            (2) the plans of the applicant for such a program are 
        consistent with the policies of such agency regarding the 
        treatment of substance abuse; and
            (3) the applicant, or any entity through which the 
        applicant will provide authorized services, meets all 
        applicable State licensure or certification requirements 
        regarding the provision of the services involved.
    (c) Requirement of Matching Funds.--
            (1) In general.--With respect to the costs of the program 
        to be carried out by an applicant pursuant to subsection (a), a 
        funding agreement for an award under such subsection is that 
        the applicant will make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions toward such costs in an amount that--
                    (A) for the first fiscal year for which the 
                applicant receives payments under an award under such 
                subsection, is not less than $1 for each $9 of Federal 
                funds provided in the award;
                    (B) for any second such fiscal year, is not less 
                than $1 for each $9 of Federal funds provided in the 
                award; and
                    (C) for any subsequent such fiscal year, is not 
                less than $1 for each $3 of Federal funds provided in 
                the award.
            (2) Determination of amount contributed.--Non-Federal 
        contributions required in paragraph (1) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    (d) Reports to Director.--A funding agreement for an award under 
subsection (a) is that the applicant involved will submit to the 
Director a report--
            (1) describing the utilization and costs of services 
        provided under the award;
            (2) specifying the number of individuals served and the 
        type and costs of services provided; and
            (3) providing such other information as the Director 
        determines to be appropriate.
    (e) Requirement of Application.--The Director may make an award 
under subsection (a) only if an application for the award is submitted 
to the Director containing such agreements, and the application is in 
such form, is made in such manner, and contains such other agreements 
and such assurances and information as the Director determines to be 
necessary to carry out this section.
    (f) Priority.--In making grants under this subsection, the Director 
shall give priority to areas experiencing a high rate or rapid increase 
in drug abuse and addiction.
    (g) Equitable Allocation of Awards.--In making awards under 
subsection (a), the Director shall ensure that the awards are equitably 
allocated among the principal geographic regions of the United States, 
subject to the availability of qualified applicants for the awards.
    (h) Duration of Award.--The period during which payments are made 
to an entity from an award under subsection (a) may not exceed 5 years. 
The provision of such payments shall be subject to annual approval by 
the Director of the payments and subject to the availability of 
appropriations for the fiscal year involved to make the payments. This 
subsection may not be construed to establish a limitation on the number 
of awards under such subsection that may be made to an entity.
    (i) Evaluations; Dissemination of Findings.--The Director shall, 
directly or through contract, provide for the conduct of evaluations of 
programs carried out pursuant to subsection (a). The Director shall 
disseminate to the States the findings made as a result of the 
evaluations.
    (j) Minimum Allocation.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.75 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2003, 2004, 2005, and 2006.

SEC. 5103. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED 
              BY STATE OR LOCAL PROSECUTORS.

    (a) Prosecution Drug Treatment Alternative to Prison Programs.--
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) is amended by adding at the end the following new 
part:

  ``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS

``SEC. 2901. PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General may make grants to State or 
local prosecutors for the purpose of developing, implementing, or 
expanding drug treatment alternative to prison programs that comply 
with the requirements of this part.
    ``(b) Use of Funds.--A State or local prosecutor who receives a 
grant under this part shall use amounts provided under the grant to 
develop, implement, or expand the drug treatment alternative to prison 
program for which the grant was made, which may include payment of the 
following expenses:
            ``(1) Salaries, personnel costs, equipment costs, and other 
        costs directly related to the operation of the program, 
        including the enforcement unit.
            ``(2) Payments to licensed substance abuse treatment 
        providers for providing treatment to offenders participating in 
        the program for which the grant was made, including aftercare 
        supervision, vocational training, education, and job placement.
            ``(3) Payments to public and nonprofit private entities for 
        providing treatment to offenders participating in the program 
        for which the grant was made.
    ``(c) Federal Share.--The Federal share of a grant under this part 
shall not exceed 75 percent of the cost of the program.
    ``(d) Supplement and Not Supplant.--Grant amounts received under 
this part shall be used to supplement, and not supplant, non-Federal 
funds that would otherwise be available for activities funded under 
this part.

``SEC. 2902. PROGRAM REQUIREMENTS.

    ``A drug treatment alternative to prison program with respect to 
which a grant is made under this part shall comply with the following 
requirements:
            ``(1) A State or local prosecutor shall administer the 
        program.
            ``(2) An eligible offender may participate in the program 
        only with the consent of the State or local prosecutor.
            ``(3) Each eligible offender who participates in the 
        program shall, as an alternative to incarceration, be sentenced 
        to or placed with a long term, drug free residential substance 
        abuse treatment provider that is licensed under State or local 
        law.
            ``(4) Each eligible offender who participates in the 
        program shall serve a sentence of imprisonment with respect to 
        the underlying crime if that offender does not successfully 
        complete treatment with the residential substance abuse 
        provider.
            ``(5) Each residential substance abuse provider treating an 
        offender under the program shall--
                    ``(A) make periodic reports of the progress of 
                treatment of that offender to the State or local 
                prosecutor carrying out the program and to the 
                appropriate court in which the defendant was convicted; 
                and
                    ``(B) notify that prosecutor and that court if that 
                offender absconds from the facility of the treatment 
                provider or otherwise violates the terms and conditions 
                of the program.
            ``(6) The program shall have an enforcement unit comprised 
        of law enforcement officers under the supervision of the State 
        or local prosecutor carrying out the program, the duties of 
        which shall include verifying an offender's addresses and other 
        contacts, and, if necessary, locating, apprehending, and 
        arresting an offender who has absconded from the facility of a 
        residential substance abuse treatment provider or otherwise 
        violated the terms and conditions of the program, and returning 
such offender to court for sentence on the underlying crime.

``SEC. 2903. APPLICATIONS.

    ``(a) In General.--To request a grant under this part, a State or 
local prosecutor shall submit an application to the Attorney General in 
such form and containing such information as the Attorney General may 
reasonably require.
    ``(b) Certifications.--Each such application shall contain the 
certification of the State or local prosecutor that the program for 
which the grant is requested shall meet each of the requirements of 
this part.

``SEC. 2904. GEOGRAPHIC DISTRIBUTION.

    ``The Attorney General shall ensure that, to the extent 
practicable, the distribution of grant awards is equitable and includes 
State or local prosecutors--
            ``(1) in each State; and
            ``(2) in rural, suburban, and urban jurisdictions.

``SEC. 2905. REPORTS AND EVALUATIONS.

    ``For each fiscal year, each recipient of a grant under this part 
during that fiscal year shall submit to the Attorney General a report 
regarding the effectiveness of activities carried out using that grant. 
Each report shall include an evaluation in such form and containing 
such information as the Attorney General may reasonably require. The 
Attorney General shall specify the dates on which such reports shall be 
submitted.

``SEC. 2906. DEFINITIONS.

    ``In this part:
            ``(1) Eligible offender.--The term `eligible offender' 
        means an individual who--
                    ``(A) has been convicted of, or pled guilty to, or 
                admitted guilt with respect to a crime for which a 
                sentence of imprisonment is required and has not 
                completed such sentence;
                    ``(B) has never been convicted of, or pled guilty 
                to, or admitted guilt with respect to, and is not 
                presently charged with, a felony crime of violence or a 
                major drug offense or a crime that is considered a 
                violent felony under State or local law; and
                    ``(C) has been found by a professional substance 
                abuse screener to be in need of substance abuse 
                treatment because that offender has a history of 
                substance abuse that is a significant contributing 
                factor to that offender's criminal conduct.
            ``(2) Felony crime of violence.--The term `felony crime of 
        violence' has the meaning given such term in section 924(c)(3) 
of title 18, United States Code.
            ``(3) Major drug offense.--The term `major drug offense' 
        has the meaning given such term in section 36(a) of title 18, 
        United States Code.
            ``(4) State or local prosecutor.--The term `State or local 
        prosecutor' means any district attorney, State attorney 
        general, county attorney, or corporation counsel who has 
        authority to prosecute criminal offenses under State or local 
        law.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 
3793(a)) is amended by adding at the end the following new paragraph:
            ``(24) There are authorized to be appropriated to carry out 
        part CC--
                    ``(A) $75,000,000 for fiscal years 2003 and 2004;
                    ``(B) $85,000,000 for fiscal year 2005;
                    ``(C) $95,000,000 for fiscal year 2006;
                    ``(D) $105,000,000 for fiscal year 2007; and
                    ``(E) $125,000,000 for fiscal year 2008.''.

SEC. 5104. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS 
              REAUTHORIZATION.

    Section 3621(e)(4) of title 18, United States Code, is amended by 
striking subparagraph (E) and inserting the following:
                    ``(E) $31,000,000 for fiscal year 2003; and
                    ``(F) $38,000,000 for fiscal year 2004.''.

SEC. 5105. DRUG TREATMENT FOR JUVENILES.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by adding at the end the following:

         ``PART G--RESIDENTIAL TREATMENT PROGRAMS FOR JUVENILES

``SEC. 575. RESIDENTIAL TREATMENT PROGRAMS FOR JUVENILES.

    ``(a) In General.--The Director of the Center for Substance Abuse 
Treatment shall award grants to, or enter into cooperative agreements 
or contracts, with public and nonprofit private entities for the 
purpose of providing treatment to juveniles for substance abuse through 
programs in which, during the course of receiving such treatment the 
juveniles reside in facilities made available by the programs.
    ``(b) Availability of Services for Each Participant.--A funding 
agreement for an award under subsection (a) for an applicant is that, 
in the program operated pursuant to such subsection--
            ``(1) treatment services will be available through the 
        applicant, either directly or through agreements with other 
        public or nonprofit private entities; and
            ``(2) the services will be made available to each person 
        admitted to the program.
    ``(c) Individualized Plan of Services.--A funding agreement for an 
award under subsection (a) for an applicant is that--
            ``(1) in providing authorized services for an eligible 
        person pursuant to such subsection, the applicant will, in 
        consultation with the juvenile and, if appropriate the parent 
        or guardian of the juvenile, prepare an individualized plan for 
        the provision to the juvenile or young adult of the services; 
        and
            ``(2) treatment services under the plan will include--
                    ``(A) individual, group, and family counseling, as 
                appropriate, regarding substance abuse; and
                    ``(B) followup services to assist the juvenile or 
                young adult in preventing a relapse into such abuse.
    ``(d) Eligible Supplemental Services.--Grants under subsection (a) 
may be used to provide an eligible juvenile, the following services:
            ``(1) Hospital referrals.--Referrals for necessary hospital 
        services.
            ``(2) HIV and aids counseling.--Counseling on the human 
        immunodeficiency virus and on acquired immune deficiency 
        syndrome.
            ``(3) Domestic violence and sexual abuse counseling.--
        Counseling on domestic violence and sexual abuse.
            ``(4) Preparation for reentry into society.--Planning for 
        and counseling to assist reentry into society, both before and 
        after discharge, including referrals to any public or nonprofit 
        private entities in the community involved that provide 
        services appropriate for the juvenile.
    ``(e) Minimum Qualifications for Receipt of Award.--
            ``(1) Certification by relevant state agency.--With respect 
        to the principal agency of a State or Indian tribe that 
        administers programs relating to substance abuse, the Director 
        may award a grant to, or enter into a cooperative agreement or 
        contract with, an applicant only if the agency or Indian tribe 
        has certified to the Director that--
                    ``(A) the applicant has the capacity to carry out a 
                program described in subsection (a);
                    ``(B) the plans of the applicant for such a program 
                are consistent with the policies of such agency 
                regarding the treatment of substance abuse; and
                    ``(C) the applicant, or any entity through which 
                the applicant will provide authorized services, meets 
                all applicable State licensure or certification 
                requirements regarding the provision of the services 
                involved.
            ``(2) Status as medicaid provider.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Director may make a grant, or enter into a 
                cooperative agreement or contract, under subsection (a) 
                only if, in the case of any authorized service that is 
                available pursuant to the State plan approved under 
                title XIX of the Social Security Act (42 U.S.C. 1396 et 
                seq.) for the State involved--
                            ``(i) the applicant for the grant, 
                        cooperative agreement, or contract will provide 
                        the service directly, and the applicant has 
                        entered into a participation agreement under 
                        the State plan and is qualified to receive 
                        payments under such plan; or
                            ``(ii) the applicant will enter into an 
                        agreement with a public or nonprofit private 
                        entity under which the entity will provide the 
                        service, and the entity has entered into such a 
                        participation agreement plan and is qualified 
                        to receive such payments.
                    ``(B) Services.--
                            ``(i) In general.--In the case of an entity 
                        making an agreement pursuant to subparagraph 
                        (A)(ii) regarding the provision of services, 
                        the requirement established in such 
                        subparagraph regarding a participation 
                        agreement shall be waived by the Director if 
                        the entity does not, in providing health care 
                        services, impose a charge or accept 
                        reimbursement available from any third party 
                        payor, including reimbursement under any 
                        insurance policy or under any Federal or State 
                        health benefits plan.
                            ``(ii) Voluntary donations.--A 
                        determination by the Director of whether 
an entity referred to in clause (i) meets the criteria for a waiver 
under such clause shall be made without regard to whether the entity 
accepts voluntary donations regarding the provision of services to the 
public.
                    ``(C) Mental diseases.--
                            ``(i) In general.--With respect to any 
                        authorized service that is available pursuant 
                        to the State plan described in subparagraph 
                        (A), the requirements established in such 
                        subparagraph shall not apply to the provision 
                        of any such service by an institution for 
                        mental diseases to an individual who has 
                        attained 21 years of age and who has not 
                        attained 65 years of age.
                            ``(ii) Definition of institution for mental 
                        diseases.--In this subparagraph, the term 
                        `institution for mental diseases' has the same 
meaning as in section 1905(i) of the Social Security Act (42 U.S.C. 
1396d(i)).
    ``(f) Requirements for Matching Funds.--
            ``(1) In general.--With respect to the costs of the program 
        to be carried out by an applicant pursuant to subsection (a), a 
        funding agreement for an award under such subsection is that 
        the applicant will make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions toward such costs in an amount that--
                    ``(A) for the first fiscal year for which the 
                applicant receives payments under an award under such 
                subsection, is not less than $1 for each $9 of Federal 
                funds provided in the award;
                    ``(B) for any second such fiscal year, is not less 
                than $1 for each $9 of Federal funds provided in the 
                award; and
                    ``(C) for any subsequent such fiscal year, is not 
                less than $1 for each $3 of Federal funds provided in 
                the award.
            ``(2) Determination of amount contributed.--Non-Federal 
        contributions required in paragraph (1) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    ``(g) Outreach.--A funding agreement for an award under subsection 
(a) for an applicant is that the applicant will provide outreach 
services in the community involved to identify juveniles who are 
engaging in substance abuse and to encourage the juveniles to undergo 
treatment for such abuse.
    ``(h) Accessibility of Program.--A funding agreement for an award 
under subsection (a) for an applicant is that the program operated 
pursuant to such subsection will be operated at a location that is 
accessible to low income juveniles.
    ``(i) Continuing Education.--A funding agreement for an award under 
subsection (a) is that the applicant involved will provide for 
continuing education in treatment services for the individuals who will 
provide treatment in the program to be operated by the applicant 
pursuant to such subsection.
    ``(j) Imposition of Charges.--A funding agreement for an award 
under subsection (a) for an applicant is that, if a charge is imposed 
for the provision of authorized services to or on behalf of an eligible 
juvenile, such charge--
            ``(1) will be made according to a schedule of charges that 
        is made available to the public;
            ``(2) will be adjusted to reflect the economic condition of 
        the juvenile involved; and
            ``(3) will not be imposed on any such juvenile whose family 
        has an income of less than 185 percent of the official poverty 
        line, as established by the Director of the Office for 
        Management and Budget and revised by the Secretary in 
        accordance with section 673(2) of the Omnibus Budget 
        Reconciliation Act of 1981 (42 U.S.C. 9902(2)).
    ``(k) Reports to Director.--A funding agreement for an award under 
subsection (a) is that the applicant involved will submit to the 
Director a report--
            ``(1) describing the utilization and costs of services 
        provided under the award;
            ``(2) specifying the number of juveniles served, and the 
        type and costs of services provided; and
            ``(3) providing such other information as the Director 
        determines to be appropriate.
    ``(l) Requirement of Application.--The Director may make an award 
under subsection (a) only if an application for the award is submitted 
to the Director containing such agreements, and the application is in 
such form, is made in such manner, and contains such other agreements 
and such assurances and information as the Director determines to be 
necessary to carry out this section.
    ``(m) Equitable Allocation of Awards.--In making awards under 
subsection (a), the Director shall ensure that the awards are equitably 
allocated among the principal geographic regions of the United States, 
as well as among Indian tribes, subject to the availability of 
qualified applicants for the awards.
    ``(n) Duration of Award.--
            ``(1) In general.--The period during which payments are 
        made to an entity from an award under this section may not 
        exceed 5 years.
            ``(2) Approval of director.--The provision of payments 
        described in paragraph (1) shall be subject to--
                    ``(A) annual approval by the Director of the 
                payments; and
                    ``(B) the availability of appropriations for the 
                fiscal year at issue to make the payments.
            ``(3) No limitation.--This subsection may not be construed 
        to establish a limitation on the number of awards that may be 
        made to an entity under this section.
    ``(o) Evaluations; Dissemination of Findings.--The Director shall, 
directly or through contract, provide for the conduct of evaluations of 
programs carried out pursuant to subsection (a). The Director shall 
disseminate to the States the findings made as a result of the 
evaluations.
    ``(p) Reports to Congress.--
            ``(1) Initial report.--Not later than October 1, 2004, the 
        Director shall submit to the Committee on the Judiciary of the 
        House of Representatives, and to the Committee on the Judiciary 
        of the Senate, a report describing programs carried out 
        pursuant to this section.
            ``(2) Periodic reports.--
                    ``(A) In general.--Not less than biennially after 
                the date described in paragraph (1), the Director shall 
                prepare a report describing programs carried out 
                pursuant to this section during the preceding 2-year 
                period, and shall submit the report to the 
                Administrator for inclusion in the biennial report 
                under section 501(k).
                    ``(B) Summary.--Each report under this subsection 
                shall include a summary of any evaluations conducted 
                under subsection (m) during the period with respect to 
                which the report is prepared.
    ``(q) Definitions.--In this section:
            ``(1) Authorized services.--The term `authorized services' 
        means treatment services and supplemental services.
            ``(2) Juvenile.--The term `juvenile' means anyone 18 years 
        of age or younger at the time that of admission to a program 
        operated pursuant to subsection (a).
            ``(3) Eligible juvenile.--The term `eligible juvenile' 
        means a juvenile who has been admitted to a program operated 
        pursuant to subsection (a).
            ``(4) Funding agreement under subsection (a).--The term 
        `funding agreement under subsection (a)', with respect to an 
        award under subsection (a), means that the Director may make 
        the award only if the applicant makes the agreement involved.
            ``(5) Treatment services.--The term `treatment services' 
        means treatment for substance abuse, including the counseling 
        and services described in subsection (c)(2).
            ``(6) Supplemental services.--The term `supplemental 
        services' means the services described in subsection (d).
    ``(r) Authorization of Appropriations.--
            ``(1) In general.--For the purpose of carrying out this 
        section and section 576 there is authorized to be appropriated 
        such sums as may be necessary for fiscal years 2003, 2004, and 
        2005. There is authorized to be appropriated from the Violent 
        Crime Reduction Trust Fund $300,000,000 in each of fiscal years 
        2006 and 2007.
            ``(2) Transfer.--For the purpose described in paragraph 
        (1), in addition to the amounts authorized in such paragraph to 
        be appropriated for a fiscal year, there is authorized to be 
        appropriated for the fiscal year from the special forfeiture 
        fund of the Director of the Office of National Drug Control 
        Policy such sums as may be necessary.
            ``(3) Rule of construction.--The amounts authorized in this 
        subsection to be appropriated are in addition to any other 
        amounts that are authorized to be appropriated and are 
        available for the purpose described in paragraph (1).

``SEC. 576. OUTPATIENT TREATMENT PROGRAMS FOR JUVENILES.

    ``(a) Grants.--The Secretary of Health and Human Services, acting 
through the Director of the Center for Substance Abuse Treatment, shall 
make grants to establish projects for the outpatient treatment of 
substance abuse among juveniles.
    ``(b) Prevention.--Entities receiving grants under this section 
shall engage in activities to prevent substance abuse among juveniles.
    ``(c) Evaluation.--The Secretary of Health and Human Services shall 
evaluate projects carried out under subsection (a) and shall 
disseminate to appropriate public and private entities information on 
effective projects.''.

            PART 2--FUNDING FOR DRUG-FREE COMMUNITY PROGRAMS

SEC. 5111. EXTENSION OF SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 
              PROGRAM.

    Title IV of the Elementary and Secondary Education Act (20 U.S.C. 
7104) is amended to read as follows:

                       ``TITLE IV--AUTHORIZATIONS

``SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated for State grants under 
subpart 1 and national programs under subpart 2, $655,000,000 for 
fiscal years 2003, 2004, and 2005, and $955,000,000 for fiscal years 
2006 and 2007, of which the following amounts may be appropriated from 
the Violent Crime Reduction Trust Fund:
            ``(1) $300,000,000 for fiscal year 2006; and
            ``(2) $300,000,000 for fiscal year 2007.''.

SEC. 5112. SAY NO TO DRUGS COMMUNITY CENTERS.

    (a) Short Title.--This section may be cited as the ``Say No to 
Drugs Community Centers Act of 2003''.
    (b) Definitions.--In this section--
            (1) Community-based organization.--The term ``community-
        based organization'' means a private, locally initiated 
        organization that--
                    (A) is a nonprofit organization, as that term is 
                defined in section 103(23) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 
                5603(23)); and
                    (B) involves the participation, as appropriate, of 
                members of the community and community institutions, 
                including--
                            (i) business and civic leaders actively 
                        involved in providing employment and business 
                        development opportunities in the community;
                            (ii) educators;
                            (iii) religious organizations (which shall 
                        not provide any sectarian instruction 
or sectarian worship in connection with program activities funded under 
this section);
                            (iv) law enforcement agencies; and
                            (v) other interested parties.
            (2) Eligible community.--The term ``eligible community'' 
        means a community--
                    (A) identified by an eligible recipient for 
                assistance under this section; and
                    (B) an area that meets such criteria as the 
                Attorney General may, by regulation, establish, 
                including criteria relating to poverty, juvenile 
                delinquency, and crime.
            (3) Eligible recipient.--The term ``eligible recipient'' 
        means a community-based organization or public school that 
        has--
                    (A) been approved for eligibility by the Attorney 
                General, upon application submitted to the Attorney 
                General in accordance with subsection (e); and
                    (B) demonstrated that the projects and activities 
                it seeks to support in an eligible community involve 
                the participation, when feasible and appropriate, of--
                            (i) parents, family members, and other 
                        members of the eligible community;
                            (ii) civic and religious organizations 
                        serving the eligible community;
                            (iii) school officials and teachers 
                        employed at schools located in the eligible 
                        community;
                            (iv) public housing resident organizations 
                        in the eligible community; and
                            (v) public and private nonprofit 
                        organizations and organizations serving youth 
                        that provide education, child protective 
                        services, or other human services to low 
                        income, at-risk youth and their families.
            (4) Poverty line.--The term ``poverty line'' means the 
        income official poverty line (as defined by the Office of 
        Management and Budget, and revised annually in accordance with 
        section 673(2) of the Community Services Block Grant Act (42 
        U.S.C. 9902(2)) applicable to a family of the size involved.
            (5) Public school.--The term ``public school'' means a 
        public elementary school, as defined in section 1201(i) of the 
        Higher Education Act of 1965 (20 U.S.C. 1141(i)), and a public 
        secondary school, as defined in section 1201(d) of that Act (42 
        U.S.C. 1141(d)).
    (c) Grant Requirements.--The Attorney General may make grants to 
eligible recipients, which grants may be used to provide to youth 
living in eligible communities during after school hours or summer 
vacations, the following services:
            (1) Rigorous drug prevention education.
            (2) Drug counseling and treatment.
            (3) Academic tutoring and mentoring.
            (4) Activities promoting interaction between youth and law 
        enforcement officials.
            (5) Vaccinations and other basic preventive health care.
            (6) Sexual abstinence education.
            (7) Other activities and instruction to reduce youth 
        violence and substance abuse.
    (d) Location and Use of Amounts.--An eligible recipient that 
receives a grant under this section--
            (1) shall ensure that the stated program is carried out--
                    (A) when appropriate, in the facilities of a public 
                school during nonschool hours; or
                    (B) in another appropriate local facility that is--
                            (i) in a location easily accessible to 
                        youth in the community; and
                            (ii) in compliance with all applicable 
                        State and local ordinances;
            (2) shall use the grant amounts to provide to youth in the 
        eligible community services and activities that include 
        extracurricular and academic programs that are offered--
                    (A) after school and on weekends and holidays, 
                during the school year; and
                    (B) as daily full day programs (to the extent 
                available resources permit) or as part day programs, 
                during the summer months;
            (3) shall use not more than 5 percent of the amounts to pay 
        for the administrative costs of the program;
            (4) shall not use such amounts to provide sectarian worship 
        or sectarian instruction; and
            (5) may not use the amounts for the general operating costs 
        of public schools.
    (e) Applications.--
            (1) In general.--Each application to become an eligible 
        recipient shall be submitted to the Attorney General at such 
        time, in such manner, and accompanied by such information, as 
        the Attorney General may reasonably require.
            (2) Contents of application.--Each application submitted 
        pursuant to paragraph (1) shall--
                    (A) describe the activities and services to be 
                provided through the program for which the grant is 
                sought;
                    (B) contain a comprehensive plan for the program 
                that is designed to achieve identifiable goals for 
                youth in the eligible community;
                    (C) describe in detail the drug education and drug 
                prevention programs that will be implemented;
                    (D) specify measurable goals and outcomes for the 
                program that will include--
                            (i) reducing the percentage of youth in the 
                        eligible community that enter the juvenile 
                        justice system or become addicted to drugs;
                            (ii) increasing the graduation rates, 
                        school attendance, and academic success of 
                        youth in the eligible community; and
                            (iii) improving the skills of program 
                        participants;
                    (E) contain an assurance that the applicant will 
                use grant amounts received under this section to 
                provide youth in the eligible community with activities 
                and services consistent with subsection (c);
                    (F) demonstrate the manner in which the applicant 
                will make use of the resources, expertise, and 
                commitment of private entities in carrying out the 
                program for which the grant is sought;
                    (G) include an estimate of the number of youth in 
                the eligible community expected to be served under the 
                program;
                    (H) include a description of charitable private 
                resources, and all other resources, that will be made 
                available to achieve the goals of the program;
                    (I) contain an assurance that the applicant will 
                comply with any research effort authorized under 
                Federal law, and any investigation by the Attorney 
                General;
                    (J) contain an assurance that the applicant will 
                prepare and submit to the Attorney General an annual 
                report regarding any program conducted under this 
                section;
                    (K) contain an assurance that the program for which 
                the grant is sought will, to the maximum extent 
                practicable, incorporate services that are provided 
                solely through non-Federal private or nonprofit 
                sources; and
                    (L) contain an assurance that the applicant will 
                maintain separate accounting records for the program 
                for which the grant is sought.
            (3) Priority.--In determining eligibility under this 
        section, the Attorney General shall give priority to applicants 
        that submit applications that demonstrate the greatest local 
        support for the programs they seek to support.
    (f) Payments; Federal Share; Non-Federal Share.--
            (1) Payments.--The Attorney General shall, subject to the 
        availability of appropriations, provide to each eligible 
        recipient the Federal share of the costs of developing and 
        carrying out programs described in this section.
            (2) Federal share.--The Federal share of the cost of a 
        program under this section shall be not more than--
                    (A) 75 percent of the total cost of the program for 
                each of the first 2 years of the duration of a grant;
                    (B) 70 percent of the total cost of the program for 
                the third year of the duration of a grant; and
                    (C) 60 percent of the total cost of the program for 
                each year thereafter.
            (3) Non-federal share.--
                    (A) In general.--The non-Federal share of the cost 
                of a program under this section may be in cash or in 
                kind, fairly evaluated, including plant, equipment, and 
                services. Federal funds made available for the activity 
                of any agency of an Indian tribal government or the 
                Bureau of Indian Affairs on any Indian lands may be 
                used to provide the non-Federal share of the costs of 
                programs or projects funded under this section.
                    (B) Special rule.--Not less than 15 percent of the 
                non-Federal share of the costs of a program under this 
                section shall be provided from private or nonprofit 
                sources.
    (g) Program Authority.--
            (1) In general.--
                    (A) Allocations for states and indian tribes.--
                            (i) In general.--In any fiscal year in 
                        which the total amount made available to carry 
                        out this section is equal to or greater than 
                        $20,000,000, from the amount made available to 
                        carry out this section, the Attorney General 
                        shall allocate not less than 0.75 percent for 
                        grants under subparagraph (B) to eligible 
                        recipients in each State.
                            (ii) Indian tribes.--The Attorney General 
                        shall allocate 0.75 percent of amounts made 
                        available under this section for grants to 
                        Indian tribes.
                    (B) Grants to community-based organizations and 
                public schools from allocations.--For each fiscal year 
                described in subparagraph (A), the Attorney General may 
                award grants from the appropriate State or Indian tribe 
                allocation determined under subparagraph (A) on a 
                competitive basis to eligible recipients to pay for the 
                Federal share of assisting eligible communities to 
                develop and carry out programs in accordance with this 
                section.
                    (C) Reallocation.--If, at the end of a fiscal year 
                described in subparagraph (A), the Attorney General 
                determines that amounts allocated for a particular 
                State or Indian tribe under subparagraph (B) remain 
                unobligated, the Attorney General shall use such 
                amounts to award grants to eligible recipients in 
                another State or Indian tribe to pay for the Federal 
                share of assisting eligible communities to develop and 
                carry out programs in accordance with this section. In 
                awarding such grants, the Attorney General shall 
                consider the need to maintain geographic diversity 
                among eligible recipients.
                    (D) Availability of amounts.--Amounts made 
                available under this paragraph shall remain available 
                until expended.
            (2) Other fiscal years.--In any fiscal year in which the 
        amount made available to carry out this section is equal to or 
        less than $20,000,000, the Attorney General may award grants on 
        a competitive basis to eligible recipients to pay for the 
        Federal share of assisting eligible communities to develop and 
        carry out programs in accordance with this section.
            (3) Administrative costs.--The Attorney General may use not 
        more than 3 percent of the amounts made available to carry out 
        this section in any fiscal year for administrative costs, 
        including training and technical assistance.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section from the Violent Crime Reduction 
Trust Fund--
            (1) $125,000,000 for fiscal year 2003;
            (2) $125,000,000 for fiscal year 2004; and
            (3) $125,000,000 for fiscal year 2005.

SEC. 5113. DRUG EDUCATION AND PREVENTION RELATING TO YOUTH GANGS.

    Section 3505 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11805) 
is amended to read as follows:

``SEC. 3505. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this chapter 
such sums as may be necessary for each of fiscal years 2003, 2004, 
2005, 2006, and 2007.''.

SEC. 5114. DRUG EDUCATION AND PREVENTION PROGRAM FOR RUNAWAY AND 
              HOMELESS YOUTH.

    Section 3513 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11823) 
is amended to read as follows:

``SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this chapter 
such sums as may be necessary for each of fiscal years 2003, 2004, 
2005, 2006, and 2007.''.

                  PART 3--ZERO TOLERANCE DRUG TESTING

SEC. 5121. GRANT AUTHORITY.

    The Attorney General may make grants to States and units of local 
government, State courts, local courts, and Indian tribal governments, 
acting directly or through agreements with other public or private 
entities, for programs that support--
            (1) developing or implementing comprehensive drug testing 
        policies and practices with regard to criminal justice 
        populations; and
            (2) establishing appropriate interventions to illegal drug 
        use for offender populations.
Applicants may choose to submit joint proposals with other eligible 
criminal justice or criminal court agencies for systemic drug testing 
and intervention programs, in which case, 1 organization must be 
designated as the primary applicant.

SEC. 5122. ADMINISTRATION.

    (a) Consultation; Coordination.--In carrying out section 5121, the 
Attorney General shall coordinate with the other Justice Department 
initiatives that address drug testing and interventions in the criminal 
justice system.
    (b) Guidelines.--The Attorney General may issue guidelines 
necessary to carry out section 5121.
    (c) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
section 5121 shall--
            (1) reflect a comprehensive approach that recognizes the 
        importance of collaboration and a continuum of testing, 
        treatment, and other interventions;
            (2) include a long-term strategy and detailed 
        implementation plan;
            (3) address the applicant's capability to continue the 
        proposed program following the conclusion of Federal support;
            (4) identify related governmental or community initiatives 
        which complement or will be coordinated with the proposal;
            (5) certify that there has been appropriate consultation 
        with affected agencies and key stakeholders throughout the 
        criminal justice system and that there will be continued 
        coordination throughout the implementation of the program; and
            (6) describe the methodology that will be used in 
        evaluating the program.

SEC. 5123. APPLICATIONS.

    To request funds under section 5121, interested applicants shall 
submit an application to the Attorney General in such form and 
containing such information as the Attorney General may reasonably 
require. Federal funding shall be awarded on a competitive basis based 
on criteria established by the Attorney General and specified in 
program guidelines.

SEC. 5124. FEDERAL SHARE.

    The Federal share of a grant made under section 5121 may not exceed 
75 percent of the total cost of the program described in the 
application submitted for the fiscal year for which the program 
receives assistance under section 5121, unless the Attorney General 
waives, wholly or in part, the requirement of a matching contribution 
under this section. In-kind contributions may constitute a portion of 
the non-federal share of a grant.

SEC. 5125. GEOGRAPHIC DISTRIBUTION.

    The Attorney General shall ensure that, to the extent practicable, 
an equitable geographic distribution of grant awards under section 5121 
is made, with rural and tribal jurisdiction representation.

SEC. 5126. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    (a) Technical Assistance and Training.--The Attorney General shall 
provide technical assistance and training in furtherance of the 
purposes of section 5121.
    (b) Evaluation.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for a rigorous evaluation of the programs that 
receive support under section 5121.
    (c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General or through grants, contracts, or cooperative 
agreements with other entities.

SEC. 5127. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this part--
            (1) $75,000,000 for fiscal year 2003; and
            (2) such sums as may be necessary for each of fiscal years 
        2004 through 2007.

SEC. 5128. PERMANENT SET-ASIDE FOR RESEARCH AND EVALUATION.

    The Attorney General shall reserve not less than 1 percent and no 
more than 3 percent of the sums appropriated under section 5127 in each 
fiscal year for research and evaluation of this program.

                 PART 4--CRACK HOUSE STATUTE AMENDMENTS

SEC. 5131. OFFENSES.

    (a) In General.--Section 416(a) of the Controlled Substances Act 
(21 U.S.C. 856(a)) is amended--
            (1) in paragraph (1), by striking ``open or maintain any 
        place'' and inserting ``open, lease, rent, use, or maintain any 
        place, whether permanently or temporarily,''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) manage or control any place, whether permanently or 
        temporarily, either as an owner, lessee, agent, employee, 
        occupant, or mortgagee, and knowingly and intentionally rent, 
        lease, profit from, or make available for use, with or without 
        compensation, the place for the purpose of unlawfully 
        manufacturing, storing, distributing, or using a controlled 
        substance.''.
    (b) Technical Amendment.--The heading to section 416 of the 
Controlled Substances Act (21 U.S.C. 856) is amended to read as 
follows:

``SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.''.

    (c) Conforming Amendment.--The table of contents to title II of the 
Comprehensive Drug Abuse and Prevention Act of 1970 is amended by 
striking the item relating to section 416 and inserting the following:

``Sec. 416. Maintaining drug-involved premises.''.

SEC. 5132. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-
              INVOLVED PREMISES.

    Section 416 of the Controlled Substances Act (21 U.S.C. 856) is 
amended by adding at the end the following:
    ``(d)(1) Any person who violates subsection (a) shall be subject to 
a civil penalty of not more than the greater of--
            ``(A) $250,000; or
            ``(B) 2 times the gross receipts, either known or 
        estimated, that were derived from each violation that is 
        attributable to the person.
    ``(2) If a civil penalty is calculated under paragraph (1)(B), and 
there is more than 1 defendant, the court may apportion the penalty 
between multiple violators, but each violator shall be jointly and 
severally liable for the civil penalty under this subsection.
    ``(e) Any person who violates subsection (a) shall be subject to 
declaratory and injunctive remedies as set forth in section 403(f).''.

SEC. 5133. DECLARATORY AND INJUNCTIVE REMEDIES.

    Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 
843(f)(1)) is amended by striking ``this section or section 402'' and 
inserting ``this section, section 402, or 416''.

SEC. 5134. SENTENCING COMMISSION GUIDELINES.

    The United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines with respect 
        to offenses involving gamma hydroxybutyric acid (GHB);
            (2) consider amending the Federal sentencing guidelines to 
        provide for increased penalties such that those penalties 
        reflect the seriousness of offenses involving GHB and the need 
        to deter them; and
            (3) take any other action the Commission considers 
        necessary to carry out this section.

SEC. 5135. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION 
              COORDINATOR.

    There is authorized to be appropriated $5,900,000 to the Drug 
Enforcement Administration of the Department of Justice for the hiring 
of a special agent in each State to serve as a Demand Reduction 
Coordinator.

SEC. 5136. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.

    There is authorized to be appropriated such sums as necessary to 
the Drug Enforcement Administration of the Department of Justice to 
educate youth, parents, and other interested adults about the drugs 
associated with raves.

        PART 5--CRACKING DOWN ON METHAMPHETAMINE IN RURAL AREAS

SEC. 5141. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.

    Subpart I of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb et seq.) is amended by inserting after section 509 the 
following:

``SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Substance Abuse Treatment, shall make grants to 
community-based public and nonprofit private entities for the 
establishment of substance abuse (particularly methamphetamine) 
prevention and treatment pilot programs in units of local government 
and tribal governments located outside a Standard Metropolitan 
Statistical Area.
    ``(b) Administration.--Grants made in accordance with this section 
shall be administered by a single State agency designated by a State to 
ensure a coordinated effort within that State.
    ``(c) Application.--To be eligible to receive a grant under 
subsection (a), a public or nonprofit private entity shall prepare and 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require.
    ``(d) Use of Funds.--A recipient of a grant under this section 
shall use amounts received under the grant to establish a 
methamphetamine abuse prevention and treatment pilot program that 
serves one or more rural areas. Such a pilot program shall--
            ``(1) have the ability to care for individuals on an in-
        patient basis;
            ``(2) have a social detoxification capability, with direct 
        access to medical services within 50 miles;
            ``(3) provide neuro-cognitive skill development services to 
        address brain damage caused by methamphetamine use;
            ``(4) provide after-care services, whether as a single-
        source provider or in conjunction with community-based services 
        designed to continue neuro-cognitive skill development to 
        address brain damage caused by methamphetamine use;
            ``(5) provide appropriate training for the staff employed 
        in the program; and
            ``(6) use scientifically-based best practices in substance 
        abuse treatment, particularly in methamphetamine treatment.
    ``(e) Amount of Grants.--The amount of a grant under this section 
shall be at least $19,000 but not greater than $100,000.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        $2,000,000 to carry out this section.
            ``(2) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments to ensure the provision of services under this 
        section.''.

SEC. 5142. METHAMPHETAMINE PREVENTION EDUCATION.

    Section 519E of the Public Health Service Act (42 U.S.C. 290bb-25e) 
is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end;
                    (B) in subparagraph (G), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(H) to fund programs that educate rural 
                communities, particularly parents, teachers, and others 
                who work with youth, concerning the early signs and 
                effects of methamphetamine use, however, as a 
                prerequisite to receiving funding, these programs 
                shall--
                            ``(i) prioritize methamphetamine prevention 
                        and education;
                            ``(ii) have past experience in community 
                        coalition building and be part of an existing 
                        coalition that includes medical and public 
                        health officials, educators, youth-serving 
                        community organizations, and members of law 
                        enforcement;
                            ``(iii) utilize professional prevention 
                        staff to develop research and science based 
                        prevention strategies for the community to be 
                        served;
                            ``(iv) demonstrate the ability to operate a 
                        community-based methamphetamine prevention and 
                        education program;
                            ``(v) establish prevalence of use through a 
                        community needs assessment;
                            ``(vi) establish goals and objectives based 
                        on a needs assessment; and
                            ``(vii) demonstrate measurable outcomes on 
                        a yearly basis.'';
            (2) in subsection (e)--
                    (A) by striking ``subsection (a), $10,000,000'' and 
                inserting ``subsection (a)--
            ``(1) $10,000,000'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) $5,000,000 for each of fiscal years 2003 through 2008 
        to carry out the programs referred to in subsection 
        (c)(1)(H).''; and
            (3) by adding at the end the following:
    ``(f) Set-Aside.--Of the amount made available for grants under 
this section, 10 percent shall be used to assist tribal governments.
    ``(g) Amount of Grants.--The amount of a grant under this section, 
with respect to each rural community involved, shall be at least 
$19,000 but not greater than $100,000.''.

SEC. 5143. METHAMPHETAMINE CLEANUP.

    (a) In General.--The Attorney General shall, through the Department 
of Justice or through grants to States or units of local government and 
tribal governments located outside a Standard Metropolitan Statistical 
Area, in accordance with such regulations as the Attorney General may 
prescribe, provide for--
            (1) the cleanup of methamphetamine laboratories and related 
        hazardous waste in units of local government and tribal 
        governments located outside a Standard Metropolitan Statistical 
        Area; and
            (2) the improvement of contract-related response time for 
        cleanup of methamphetamine laboratories and related hazardous 
        waste in units of local government and tribal governments 
        located outside a Standard Metropolitan Statistical Area by 
        providing additional contract personnel, equipment, and 
        facilities.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $20,000,000 for fiscal years 2003 and 2004 to carry out this 
        section.
            (2) Funding additional.--Amounts authorized by this section 
        are in addition to amounts otherwise authorized by law.
            (3) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments.

                      Subtitle B--Disarming Felons

                     PART 1--OUR LADY OF PEACE ACT

SEC. 5201. SHORT TITLE.

    This part may be cited as the ``Our Lady of Peace Act of 2003''.

SEC. 5202. FINDINGS.

    Congress finds the following:
            (1) Since 1994, more than 689,000 individuals have been 
        denied a gun for failing a background check.
            (2) States that fail to computerize their criminal and 
        mental illness records are the primary cause of delays for 
        background checks. Helping States automate their records will 
        reduce delays for law-abiding gun owners.
            (3) 25 States have automated less than 60 percent of their 
        felony criminal conviction records.
            (4) 33 States do not automate or share disqualifying mental 
        health records.
            (5) In 13 States, domestic violence restraining orders are 
        not automated or accessible by the national instant criminal 
        background check system.
            (6) In 15 States, no domestic violence misdemeanor records 
        are automated or accessible by the national instant criminal 
        background check system.

SEC. 5203. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND 
              AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL 
              INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) In General.--Section 103(e)(1) of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note) is amended--
            (1) by inserting ``electronically'' before ``furnish''; and
            (2) by adding at the end the following: ``The head of each 
        department or agency shall ascertain whether the department or 
        agency has any records relating to any person described in 
        subsection (g) or (n) of section 922 of title 18, United States 
        Code and on being made aware that the department or agency has 
        such a record, shall make the record available to the Attorney 
        General for inclusion in the system to the extent the Attorney 
        General deems appropriate. The head of each department or 
        agency, on being made aware that the basis under which a record 
        was made available under this section does not apply or no 
        longer applies, shall transmit a certification identifying the 
        record (and any name or other relevant identifying information) 
        to the Attorney General for removal from the system. The 
        Attorney General shall notify the Congress on an annual basis 
        as to whether the Attorney General has obtained from each such 
        department or agency the information requested by the Attorney 
        General under this subsection.''.
    (b) Immigration Records.--The Commissioner of the Immigration and 
Naturalization Service shall cooperate in providing information 
regarding all relevant records of persons disqualified from acquiring a 
firearm under Federal law, including but not limited to, illegal 
aliens, visitors to the United States on student visas, and visitors to 
the United States on tourist visas, to the Attorney General for 
inclusion in the national instant criminal background check system.

SEC. 5204. REQUIREMENTS TO OBTAIN WAIVER.

    (a) In General.--Beginning 5 years after the date of enactment of 
this Act, a State shall be eligible to receive a waiver of the 10 
percent matching requirement for National Criminal History Improvement 
Grants under the Crime Identification Technology Act of 1988 if the 
State provides at least 95 percent of the information described under 
subsections (b) and (c). The length of such a waiver shall not exceed 5 
years.
    (b) Eligibility of State Records for Submission to the National 
Instant Criminal Background Check System.--
            (1) Requirements for eligibility.--The State shall make 
        available the following information established either through 
        its own database or provide information to the Attorney 
        General:
                    (A) The name of and other relevant identifying 
                information relating to each person disqualified from 
                acquiring a firearm under subsection (g) or (n) of 
                section 922 of title 18, United States Code, and each 
                person disqualified from acquiring a firearm under 
                applicable State law.
                    (B) The State, on being made aware that the basis 
                under which a record was made available under 
                subparagraph (A) does not apply or no longer applies, 
                shall transmit a certification identifying the record 
                (and any name or other relevant identifying 
                information) to the Attorney General for removal from 
                the system.
                    (C) Any information provided to the Attorney 
                General under subparagraph (A) may be accessed only for 
                background check purposes under section 922(t) of title 
                18, United States Code.
                    (D) The State shall certify to the Attorney General 
                that at least 95 percent of all information described 
                in subparagraph (A) has been provided to the Attorney 
                General in accordance with subparagraph (A).
            (2) Application to persons convicted of misdemeanor crimes 
        of domestic violence.--
                    (A) In general.--For purposes of paragraph (1), a 
                person disqualified from acquiring a firearm as 
                referred to in that paragraph includes a person who has 
                been convicted in any court, of any Federal, State, or 
                local offense that--
                            (i) is a misdemeanor under Federal or State 
                        law or, in a State that does not classify 
                        offenses as misdemeanors, is an offense 
                        punishable by imprisonment for a term of 1 year 
                        or less (or punishable by only a fine);
                            (ii) has, as an element of the offense, the 
                        use or attempted use of physical force (for 
                        example, assault and battery), or the 
                        threatened use of a deadly weapon; and
                            (iii) was committed by a current or former 
                        spouse, parent, or guardian of the victim, by a 
                        person with whom the victim shares a child in 
                        common, by a person who is cohabitating with or 
                        has cohabitated with the victim as a spouse, 
                        parent, or guardian, (for example, the 
                        equivalent of ``common-law marriage'' even if 
                        such relationship is not recognized under the 
                        law), or a person similarly situated to a 
                        spouse, parent, or guardian of the victim (for 
                        example, 2 persons who are residing at the same 
                        location in an intimate relationship with the 
                        intent to make that place their home would be 
                        similarly situated to a spouse).
                    (B) Convicted person.--A person shall not be 
                considered to have been convicted of such an offense 
                for purposes of subparagraph (A) unless--
                            (i) the person is considered to have been 
                        convicted by the jurisdiction in which the 
                        proceeding was held;
                            (ii) the person was represented by counsel 
                        in the case, or knowingly and intelligently 
                        waived the right to counsel in the case; and
                            (iii) in the case of a prosecution for 
                        which a person was entitled to a jury trial in 
                        the jurisdiction in which the case was tried--
                                    (I) the case was tried by a jury; 
                                or
                                    (II) the person knowingly and 
                                intelligently waived the right to have 
                                the case tried by a jury, by guilty 
                                plea, or otherwise.
                    (C) Pardon or set-aside of judgment.--A person 
                shall not be considered to have been convicted of such 
                an offense for purposes of subparagraph (A) if the 
                conviction has been expunged or set aside, or is an 
                offense for which the person has been pardoned or has 
                had civil rights restored (if the law of the 
                jurisdiction in which the proceedings were held 
                provides for the loss of civil rights upon conviction 
                of such an offense) unless the pardon, expungement, or 
                restoration of civil rights expressly provides that the 
                person may not ship, transport, possess, or receive 
                firearms, and the person is not otherwise prohibited by 
                the law of the jurisdiction in which the proceedings 
                were held from receiving or possessing any firearms.
    (c) Application to Persons Who Have Been Adjudicated as a Mental 
Defective or Committed to a Mental Institution.--
            (1) Requirement.--The requirement of this subsection is 
        that the State shall provide the name of and other relevant 
        identifying information relating to persons adjudicated as 
        mental defective or those committed to mental institutions to 
        the Attorney General for inclusion in the national instant 
        criminal background check system.
            (2) Adjudication as a mental defective.--For purposes of 
        paragraph (1), an adjudication as a mental defective occurs 
        when a court, board, commission, or other government entity 
        determines that an individual is mentally retarded or of marked 
        subnormal intelligence, mentally ill, or mentally incompetent, 
        including--
                    (A) defendants in criminal cases adjudicated as not 
                guilty by reason of insanity, or found incompetent to 
                stand trial;
                    (B) individuals who are a danger to others as a 
                result of a mental disorder or illness;
                    (C) individuals involuntarily committed to a mental 
                institution by a court, board, commission, or other 
                authority;
                    (D) individuals committed because they lack the 
                mental capacity to contract or manage their own 
                affairs; and
                    (E) individuals found to be a danger to themselves 
                as a result of a mental disorder or illness.
            (3) Exception.--This subsection does not apply to--
                    (A) a person--
                            (i) in a mental institution for 
                        observation; or
                            (ii) voluntarily committed to a mental 
                        institution; or
                    (B) information protected by doctor-patient 
                privilege.
            (4) Privacy protections.--For any information provided 
        under the national instant criminal background check system, 
        the Attorney General shall work with States and local law 
        enforcement and the mental health community to establish 
        regulations and protocols for protecting the privacy of 
        information provided to the system.
            (5) State authority.--Notwithstanding any other provision 
        of this subsection, a State may designate that records 
        transmitted under this subsection shall be used only to 
        determine eligibility to purchase or possess a firearm.
    (d) Attorney General Report.--Not later than January 31 of each 
year, the Attorney General shall submit to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives a report on the progress of States in automating the 
databases containing the information described in subsections (b) and 
(c) and in providing that information pursuant to the requirements of 
such subsections.

SEC. 5205. IMPLEMENTATION GRANTS TO STATES.

    (a) In General.--From amounts made available to carry out this 
section, the Attorney General shall make grants to each State, in a 
manner consistent with the national criminal history improvement 
program, which shall be used by the State, in conjunction with units of 
local government and State and local courts, to establish or upgrade 
information and identification technologies for firearms eligibility 
determinations.
    (b) Use of Grant Amounts.--Grants under this section may only be 
awarded for the following purposes:
            (1) Building databases that are directly related to checks 
        under the national instant criminal background check system 
        (NICS), including court disposition and corrections records.
            (2) Assisting States in establishing or enhancing their own 
        capacities to perform NICS background checks.
            (3) Improving final dispositions of criminal records.
            (4) Supplying mental health records to NICS.
            (5) Supplying court-ordered domestic restraining orders and 
        records of domestic violence misdemeanors (as defined in 
        section 5204) for inclusion in NICS.
    (c) Condition.--As a condition of receiving a grant under this 
section, a State shall specify the projects for which grant amounts 
will be used, and shall use such amounts only as specified. A State 
that violates this section shall be liable to the Attorney General for 
the full amount granted.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2003, 2004, 2005, and 2006.
    (e) User Fee.--The Federal Bureau of Investigation shall not charge 
a user fee for background checks pursuant to section 922(t) of title 
18, United States Code.

SEC. 5206. CONTINUING EVALUATIONS.

    (a) Evaluation Required.--The Director of the Bureau of Justice 
Statistics shall study and evaluate the operations of the national 
instant criminal background check system. Such study and evaluation 
shall include compilations and analyses of the operations and record 
systems of the agencies and organizations participating in such system.
    (b) Report on Grants.--Not later than January 31 of each year, the 
Director shall submit to Congress a report on the implementation of 
subsections (b) and (c) of section 5204.
    (c) Report on Best Practices.--Not later than January 31 of each 
year, the Director shall submit to Congress, and to each State 
participating in the National Criminal History Improvement Program, a 
report of the practices of the States regarding the collection, 
maintenance, automation, and transmittal of identifying information 
relating to individuals described in subsection (g) or (n) of section 
922 of title 18, United States Code, by the State or any other agency, 
or any other records relevant to the national instant criminal 
background check system, that the Director considers to be best 
practices.

SEC. 5207. GRANTS TO STATE COURTS FOR THE IMPROVEMENT IN AUTOMATION AND 
              TRANSMITTAL OF DISPOSITION RECORDS

    (a) In General.--From amounts made available to carry out this 
section, the Attorney General shall make grants to each State for use 
by the chief judicial officer of the State to improve the handling of 
proceedings related to criminal history dispositions and restraining 
orders.
    (b) Use of Funds.--Amounts granted under this section shall be used 
by the chief judicial officer only as follows:
            (1) For fiscal years 2003 and 2004, such amounts shall be 
        used to carry out assessments of the capabilities of the courts 
        of the State for the automation and transmission to State and 
        Federal record repositories the arrest and conviction records 
        of such courts.
            (2) For fiscal years after 2004, such amounts shall be used 
        to implement policies, systems, and procedures for the 
        automation and transmission to State and Federal record 
        repositories the arrest and conviction records of such courts.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$125,000,000 for each of fiscal years 2003, 2004, 2005, and 2006.

       PART 2--BALLISTICS, LAW ASSISTANCE, AND SAFETY TECHNOLOGY

SEC. 5211. SHORT TITLE.

    This part may be cited as the ``Ballistics, Law Assistance, and 
Safety Technology Act of 2003'' or ``BLAST Act''.

SEC. 5212. PURPOSES.

    The purposes of this part are to--
            (1) increase public safety by assisting law enforcement in 
        solving more gun-related crimes and offering prosecutors 
        evidence to link felons to gun crimes through ballistics 
        technology;
            (2) provide for ballistics testing of all new firearms for 
        sale to assist in the identification of firearms used in 
        crimes;
            (3) require ballistics testing of all firearms in custody 
        of Federal agencies to assist in the identification of firearms 
        used in crimes; and
            (4) add ballistics testing to existing firearms enforcement 
        programs.

SEC. 5213. DEFINITION OF BALLISTICS.

    Section 921(a) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(35) Ballistics.--The term `ballistics' means a 
        comparative analysis of fired bullets and cartridge casings to 
        identify the firearm from which bullets were discharged, 
        through identification of the unique characteristics that each 
        firearm imprints on bullets and cartridge casings.''.

 SEC. 5214. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.

    (a) Amendment.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m)(1) In addition to the other licensing requirements under this 
section, a licensed manufacturer or licensed importer shall--
            ``(A) test fire firearms manufactured or imported by such 
        licensees as specified by the Secretary by regulation;
            ``(B) prepare ballistics images of the fired bullet and 
        cartridge casings from the test fire;
            ``(C) make the records available to the Secretary for entry 
        in a computerized database; and
            ``(D) store the fired bullet and cartridge casings in such 
        a manner and for such a period as specified by the Secretary by 
        regulation.
    ``(2) Nothing in this subsection creates a cause of action against 
any Federal firearms licensee or any other person for any civil 
liability except for imposition of a civil penalty under this section.
    ``(3)(A) The Attorney General and the Secretary shall assist 
firearm manufacturers and importers in complying with paragraph (1) 
through--
            ``(i) the acquisition, disposition, and upgrades of 
        ballistics equipment and bullet recovery equipment to be placed 
        at or near the sites of licensed manufacturers and importers;
            ``(ii) the hiring or designation of personnel necessary to 
        develop and maintain a database of ballistics images of fired 
        bullets and cartridge casings, research and evaluation;
            ``(iii) providing education about the role of ballistics as 
        part of a comprehensive firearm crime reduction strategy;
            ``(iv) providing for the coordination among Federal, State, 
        and local law enforcement and regulatory agencies and the 
        firearm industry to curb firearm-related crime and illegal 
        firearm trafficking; and
            ``(v) any other steps necessary to make ballistics testing 
        effective.
    ``(B) The Attorney General and the Secretary shall--
            ``(i) establish a computer system through which State and 
        local law enforcement agencies can promptly access ballistics 
        records stored under this subsection, as soon as such a 
        capability is available; and
            ``(ii) encourage training for all ballistics examiners.
    ``(4) Not later than 1 year after the date of enactment of this 
subsection and annually thereafter, the Attorney General and the 
Secretary shall submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives a 
report regarding the impact of this section, including--
            ``(A) the number of Federal and State criminal 
        investigations, arrests, indictments, and prosecutions of all 
        cases in which access to ballistics records provided under this 
        section served as a valuable investigative tool;
            ``(B) the extent to which ballistics records are accessible 
        across jurisdictions; and
            ``(C) a statistical evaluation of the test programs 
        conducted pursuant to section 5216 of the Ballistics, Law 
        Assistance, and Safety Technology Act of 2003.
    ``(5) There is authorized to be appropriated to the Department of 
Justice and the Department of the Treasury for each of fiscal years 
2003 through 2006, $20,000,000 to carry out this subsection, 
including--
            ``(A) installation of ballistics equipment and bullet 
        recovery equipment;
            ``(B) establishment of sites for ballistics testing;
            ``(C) salaries and expenses of necessary personnel; and
            ``(D) research and evaluation.
    ``(6) The Secretary and the Attorney General shall conduct 
mandatory ballistics testing of all firearms obtained or in the 
possession of their respective agencies.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) shall take effect on the date 
        on which the Attorney General and the Secretary of the 
        Treasury, in consultation with the Board of the National 
        Integrated Ballistics Information Network, certify that the 
        ballistics systems used by the Department of Justice and the 
        Department of the Treasury are sufficiently interoperable to 
        make mandatory ballistics testing of new firearms possible.
            (2) Effective on date of enactment.--Section 923(m)(6) of 
        title 18, United States Code, as added by subsection (a), shall 
        take effect on the date of enactment of this Act.

SEC. 5215. PRIVACY RIGHTS OF LAW ABIDING CITIZENS.

    Ballistics information of individual guns in any form or database 
established by this part may not be used for--
            (1) prosecutorial purposes unless law enforcement officials 
        have a reasonable belief that a crime has been committed and 
        that ballistics information would assist in the investigation 
        of that crime; or
            (2) the creation of a national firearms registry of gun 
        owners.

SEC. 5216. DEMONSTRATION FIREARM CRIME REDUCTION STRATEGY.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of the Treasury and the Attorney General 
shall establish in the jurisdictions selected under subsection (c), a 
comprehensive firearm crime reduction strategy that meets the 
requirements of subsection (b).
    (b) Program Elements.--Each program established under subsection 
(a) shall, for the jurisdiction concerned--
            (1) provide for ballistics testing, in accordance with 
        criteria set forth by the National Integrated Ballistics 
        Information Network, of all firearms recovered during criminal 
        investigations, in order to--
                    (A) identify the types and origins of the firearms;
                    (B) identify suspects; and
                    (C) link multiple crimes involving the same 
                firearm;
            (2) require that all identifying information relating to 
        firearms recovered during criminal investigations be promptly 
        submitted to the Secretary of the Treasury, in order to 
        identify the types and origins of the firearms and to identify 
        illegal firearms traffickers;
            (3) provide for coordination among Federal, State, and 
        local law enforcement officials, firearm examiners, 
        technicians, laboratory personnel, investigators, and 
        prosecutors in the tracing and ballistics testing of firearms 
        and the investigation and prosecution of firearms-related 
        crimes including illegal firearms trafficking; and
            (4) require analysis of firearm tracing and ballistics data 
        in order to establish trends in firearm-related crime and 
        firearm trafficking.
    (c) Participating Jurisdictions.--
            (1) In general.--The Secretary of the Treasury and the 
        Attorney General shall select not fewer than 10 jurisdictions 
        for participation in the program under this section.
            (2) Considerations.--In selecting jurisdictions under this 
        subsection, the Secretary of the Treasury and the Attorney 
        General shall give priority to jurisdictions that--
                    (A) participate in comprehensive firearm law 
                enforcement strategies, including programs such as the 
                Youth Crime Gun Interdiction Initiative, Project 
                Achilles, Project Disarm, Project Triggerlock, Project 
                Exile, Project Surefire, and Operation Ceasefire;
                    (B) draft a plan to share ballistics records with 
                nearby jurisdictions that require ballistics testing of 
                firearms recovered during criminal investigations; and
                    (C) pledge to match Federal funds for the expansion 
                of ballistics testing on a one-on-one basis.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for each of fiscal years 2003 through 2006, $20,000,000 to 
carry out this section, including--
            (1) installation of ballistics equipment; and
            (2) salaries and expenses for personnel (including 
        personnel from the Department of Justice and the Bureau of 
        Alcohol, Tobacco, and Firearms).

                   PART 3--EXTENSION OF PROJECT EXILE

SEC. 5221. AUTHORIZATION OF FUNDING FOR ADDITIONAL STATE AND LOCAL GUN 
              PROSECUTORS.

    (a) Grants for State and Local Gun Prosecutors.--Title III of the 
Violent Crime Control and Law Enforcement Act of 1994 is amended by 
adding at the end the following:

        ``Subtitle Y--Grants for State and Local Gun Prosecutors

``SEC. 32501. GRANT AUTHORIZATION.

    ``The Attorney General may award grants to State, Indian tribal, or 
local prosecutors for the purpose of supporting the creation or 
expansion of community-based justice programs for the prosecution of 
firearm-related crimes.

``SEC. 32502. USE OF FUNDS.

    ``Grants awarded by the Attorney General under this subtitle shall 
be used to fund programs for the hiring of prosecutors and related 
personnel under which those prosecutors and personnel shall utilize an 
interdisciplinary team approach to prevent, reduce, and respond to 
firearm-related crimes in partnership with communities.

``SEC. 32503. APPLICATIONS.

    ``(a) Eligibility.--To be eligible to receive a grant award under 
this subtitle for a fiscal year, a State, Indian tribal, or local 
prosecutor, in conjunction with the chief executive officer of the 
jurisdiction in which the program will be placed, shall submit to the 
Attorney General an application, in such form and containing such 
information as the Attorney General may reasonably require.
    ``(b) Requirements.--Each application submitted under this section 
shall include--
            ``(1) a request for funds for the purposes described in 
        section 32502;
            ``(2) a description of the communities to be served by the 
        grant, including the nature of the firearm-related crime in 
        such communities; and
            ``(3) assurances that Federal funds received under this 
        subtitle shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this section.

``SEC. 32504. MATCHING REQUIREMENT.

    ``The Federal share of a grant awarded under this subtitle may not 
exceed 50 percent of the total cost of the program described in the 
application submitted under section 32503 for the fiscal year for which 
the program receives assistance under this subtitle.

``SEC. 32505. AWARD OF GRANTS.

    ``(a) In General.--Except as provided in subsection (b), in 
awarding grants under this subtitle, the Attorney General shall 
consider--
            ``(1) the demonstrated need for, and the evidence of the 
        ability of the applicant to provide, the services described in 
        section 32503(b)(2), as described in the application submitted 
        under section 32503;
            ``(2) the extent to which, as reflected in the 1998 Uniform 
        Crime Report of the Federal Bureau of Investigation, there is a 
        high rate of firearm-related crime in the jurisdiction of the 
        applicant, measured either in total or per capita;
            ``(3) the extent to which the jurisdiction of the applicant 
        has experienced an increase in the total or per capita rate of 
        firearm-related crime, as reported in the 3 most recent annual 
        Uniform Crime Reports of the Federal Bureau of Investigation;
            ``(4) the extent to which State and local law enforcement 
        agencies in the jurisdiction of the applicant have pledged to 
        cooperate with Federal officials in responding to the illegal 
        acquisition, distribution, possession, and use of firearms 
        within the jurisdiction; and
            ``(5) The extent to which the jurisdiction of the applicant 
        participates in comprehensive firearm law enforcement 
        strategies, including programs such as the Youth Crime Gun 
        Interdiction Initiative, Project Achilles, Project Disarm, 
        Project Triggerlock, Project Exile, Project Surefire, and 
        Operation Ceasefire.
    ``(b) Indian Tribes.--
            ``(1) Federal grants.--Not less than 5 percent of the 
        amount made available for grants under this subtitle for each 
        fiscal year shall be awarded as grants to Indian tribes.
            ``(2) Grant criteria.--In awarding grants to Indian tribes 
        in accordance with this subsection, the Attorney General shall 
        consider, to the extent practicable, the factors for 
        consideration set forth in subsection (a).
    ``(c) Research and Evaluation.--Of the amount made available for 
grants under this subtitle for each fiscal year, the Attorney General 
shall use not less than 1 percent and not more than 3 percent for 
research and evaluation of the activities carried out with grants 
awarded under this subtitle.

``SEC. 32506. REPORTS.

    ``(a) Report to Attorney General.--Not later than March 1 of each 
fiscal year, each law enforcement agency that receives funds from a 
grant awarded under this subtitle for that fiscal year shall submit to 
the Attorney General a report describing the progress achieved in 
carrying out the grant program for which those funds were received.
    ``(b) Report to Congress.--Beginning not later than October 1 of 
the first fiscal year following the initial fiscal year during which 
grants are awarded under this subtitle, and not later than October 1 of 
each fiscal year thereafter, the Attorney General shall submit to 
Congress a report, which shall contain a detailed statement regarding 
grant awards, activities of grant recipients, a compilation of 
statistical information submitted by applicants, and an evaluation of 
programs established with amounts from grants awarded under this 
subtitle during the preceding fiscal year.

``SEC. 32507. DEFINITIONS.

    ``In this subtitle--
            ``(1) the term `firearm' has the meaning given the term in 
        section 921(a) of title 18, United States Code;
            ``(2) the term `Indian tribe' means a tribe, band, pueblo, 
        nation, or other organized group or community of Indians, 
        including an Alaska Native village (as defined in or 
        established under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.)), that is recognized as eligible for the 
        special programs and services provided by the United States to 
Indians because of their status as Indians; and
            ``(3) the term `State' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, and the 
        United States Virgin Islands.

``SEC. 32508. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subtitle 
$150,000,000 for fiscal years 2003 and 2004.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 2 of the Violent Crime Control and Law Enforcement Act of 1994 
is amended by inserting after the item relating to subtitle X the 
following:

        ``Subtitle Y--Grants for State and Local Gun Prosecutors

        ``Sec. 32501. Grant authorization.
        ``Sec. 32502. Use of funds.
        ``Sec. 32503. Applications.
        ``Sec. 32504. Matching requirement.
        ``Sec. 32505. Award of grants.
        ``Sec. 32506. Reports.
        ``Sec. 32507. Definitions.
        ``Sec. 32508. Authorization of appropriations.''.

    PART 4--EXPANSION OF THE YOUTH CRIME GUN INTERDICTION INITIATIVE

SEC. 5231. YOUTH CRIME GUN INTERDICTION INITIATIVE.

    (a) In General.--
            (1) Expansion of number of cities.--The Secretary of the 
        Treasury shall endeavor to expand the number of cities and 
        counties directly participating in the Youth Crime Gun 
        Interdiction Initiative (in this section referred to as the 
        ``YCGII'') to--
                    (A) 75 cities or counties by October 1, 2004;
                    (B) 150 cities or counties by October 1, 2006; and
                    (C) 250 cities or counties by October 1, 2007.
            (2) Selection.--Cities and counties selected for 
        participation in the YCGII shall be selected by the Secretary 
        of the Treasury and in consultation with Federal, State and 
        local law enforcement officials.
    (b) Identification of Individuals.--
            (1) In general.--The Secretary of the Treasury shall, 
        utilizing the information provided by the YCGII, facilitate the 
        identification and prosecution of individuals illegally 
        trafficking firearms to prohibited individuals.
            (2) Sharing of information.--The Secretary of the Treasury 
        shall share information derived from the YCGII with State and 
        local law enforcement agencies through on-line computer access, 
        as soon as such capability is available.
    (c) Grant Awards.--
            (1) In general.--The Secretary of the Treasury shall award 
        grants (in the form of funds or equipment) to States, cities, 
        and counties for purposes of assisting such entities in the 
        tracing of firearms and participation in the YCGII.
            (2) Use of grant funds.--Grants made under this part shall 
        be used to--
                    (A) hire or assign additional personnel for the 
                gathering, submission and analysis of tracing data 
                submitted to the Bureau of Alcohol, Tobacco and 
                Firearms under the YCGII;
                    (B) hire additional law enforcement personnel for 
                the purpose of identifying and arresting individuals 
                illegally trafficking firearms; and
                    (C) purchase additional equipment, including 
                automatic data processing equipment and computer 
                software and hardware, for the timely submission and 
                analysis of tracing data.

                          PART 5--GUN OFFENSES

SEC. 5241. GUN BAN FOR DANGEROUS JUVENILE OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(20)'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (3) by inserting after subparagraph (A) the following:
                    ``(B) For purposes of subsections (d), (g), and (s) 
                of section 922, the term `act of juvenile delinquency' 
                means an adjudication of delinquency based on a finding 
                of the commission of an act by a person prior to his or 
                her eighteenth birthday that, if committed by an adult, 
                would be a serious drug offense or violent felony (as 
                defined in section 3559(c)(2) of this title), on or 
                after the date of enactment of this paragraph.''; and
            (4) by striking ``What constitutes'' through the end and 
        inserting the following: ``What constitutes a conviction of 
        such a crime or an adjudication of juvenile delinquency shall 
        be determined in accordance with the law of the jurisdiction in 
        which the proceedings were held. Any State conviction or 
        adjudication of delinquency which has been expunged or set 
        aside or for which a person has been pardoned or has had civil 
        rights restored by the jurisdiction in which the conviction or 
        adjudication of delinquency occurred shall not be considered a 
        conviction or adjudication of delinquency.''.
    (b) Prohibition.--Section 922 of title 18, United States Code is 
amended--
            (1) in subsection (d)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of juvenile delinquency.'';
            (2) in subsection (g)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of juvenile delinquency.''; 
        and
            (3) in subsection (s)(3)(B)--
                    (A) by striking ``and'' at the end of clause (vi);
                    (B) by inserting ``and'' after the semicolon at the 
                end of clause (vii); and
                    (C) by inserting after clause (vii) the following:
                            ``(viii) has not committed an act of 
                        juvenile delinquency.''.

SEC. 5242. IMPROVING FIREARMS SAFETY.

    (a) Secure Gun Storage Device.--Section 921(a) of title 18, United 
States Code, is amended by adding at the end the following:
            ``(35) Secure gun storage or safety device.--The term 
        `secure gun storage or safety device' means--
                    ``(A) a device that, when installed on a firearm, 
                is designed to prevent the firearm from being operated 
                without first deactivating the device;
                    ``(B) a device incorporated into the design of the 
                firearm that is designed to prevent the operation of 
                the firearm by anyone not having access to the device; 
                or
                    ``(C) a safe, gun safe, gun case, lock box, or 
                other device that is designed to be or can be used to 
                store a firearm and that is designed to be unlocked 
                only by means of a key, a combination, or other similar 
                means.''.
    (b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) in the case of an application to be licensed 
                as a dealer, the applicant certifies that secure gun 
                storage or safety devices will be available at any 
                place in which firearms are sold under the license to 
                persons who are not licensees (subject to the exception 
                that in any case in which a secure gun storage or 
                safety device is temporarily unavailable because of 
                theft, casualty loss, consumer sales, backorders from a 
                manufacturer, or any other similar reason beyond the 
                control of the licensee, the dealer shall not be 
                considered to be in violation of the requirement under 
                this subparagraph to make available such a device).''.
    (c) Revocation of Dealer's License for Failure To Have Secure Gun 
Storage or Safety Devices Available.--The first sentence of section 
923(e) of title 18, United States Code, is amended by inserting before 
the period at the end the following: ``or fails to have secure gun 
storage or safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees (except that in 
any case in which a secure gun storage or safety device is temporarily 
unavailable because of theft, casualty loss, consumer sales, backorders 
from a manufacturer, or any other similar reason beyond the control of 
the licensee, the dealer shall not be considered to be in violation of 
the requirement to make available such a device)''.
    (d) Statutory Construction.--Nothing in the amendments made by this 
section shall be construed--
            (1) as creating a cause of action against any firearms 
        dealer or any other person for any civil liability; or
            (2) as establishing any standard of care.

SEC. 5243. JUVENILE HANDGUN SAFETY.

    (a) Juvenile Handgun Safety.--Section 924(a)(6) of title 18, United 
States Code, is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (A); 
        and
            (3) in subparagraph (A), as redesignated--
                    (A) by striking ``A person other than a juvenile 
                who knowingly'' and inserting ``A person who 
                knowingly''; and
                    (B) in clause (i), by striking ``not more than 1 
                year'' and inserting ``not more than 5 years''.

SEC. 5244. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL 
              PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(iii) any act of juvenile delinquency that, if 
                committed by an adult, would be an offense described in 
                this paragraph;''.

SEC. 5245. INCREASED PENALTY FOR TRANSFERRING A FIREARM TO A MINOR FOR 
              USE IN CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

    Section 924(h) of title 18, United States Code, is amended by 
striking ``10 years, fined in accordance with this title, or both'' and 
inserting ``10 years, and if the transferee is a person who is under 18 
years of age, imprisoned for a term of not more than 15 years, fined in 
accordance with this title, or both''.

SEC. 5246. INCREASED PENALTY FOR FIREARMS CONSPIRACY.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(p) Except as otherwise provided in this section, a person who 
conspires to commit an offense defined in this chapter shall be subject 
to the same penalties (other than the penalty of death) as those 
prescribed for the offense the commission of which is the object of the 
conspiracy.''.

                 PART 6--CLOSING THE GUN SHOW LOOPHOLE

SEC. 5251. FINDINGS.

    Congress finds that--
            (1) more than 4,400 traditional gun shows are held annually 
        across the United States, attracting thousands of attendees per 
        show and hundreds of Federal firearms licensees and nonlicensed 
        firearms sellers;
            (2) traditional gun shows, as well as flea markets and 
        other organized events, at which a large number of firearms are 
        offered for sale by Federal firearms licensees and nonlicensed 
        firearms sellers, form a significant part of the national 
        firearms market;
            (3) firearms and ammunition that are exhibited or offered 
        for sale or exchange at gun shows, flea markets, and other 
        organized events move easily in and substantially affect 
        interstate commerce;
            (4) in fact, even before a firearm is exhibited or offered 
        for sale or exchange at a gun show, flea market, or other 
        organized event, the gun, its component parts, ammunition, and 
        the raw materials from which it is manufactured have moved in 
        interstate commerce;
            (5) gun shows, flea markets, and other organized events at 
        which firearms are exhibited or offered for sale or exchange, 
        provide a convenient and centralized commercial location at 
        which firearms may be bought and sold anonymously, often 
        without background checks and without records that enable gun 
        tracing;
            (6) at gun shows, flea markets, and other organized events 
        at which guns are exhibited or offered for sale or exchange, 
        criminals and other prohibited persons obtain guns without 
        background checks and frequently use guns that cannot be traced 
        to later commit crimes;
            (7) many persons who buy and sell firearms at gun shows, 
        flea markets, and other organized events cross State lines to 
        attend these events and engage in the interstate transportation 
        of firearms obtained at these events;
            (8) gun violence is a pervasive, national problem that is 
        exacerbated by the availability of guns at gun shows, flea 
        markets, and other organized events;
            (9) firearms associated with gun shows have been 
        transferred illegally to residents of another State by Federal 
        firearms licensees and nonlicensed firearms sellers, and have 
        been involved in subsequent crimes including drug offenses, 
        crimes of violence, property crimes, and illegal possession of 
        firearms by felons and other prohibited persons; and
            (10) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to ensure, by enactment of this part, that criminals 
        and other prohibited persons do not obtain firearms at gun 
        shows, flea markets, and other organized events.

SEC. 5252. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(35) Gun show.--The term `gun show' means any event--
            ``(A) at which 50 or more firearms are offered or exhibited 
        for sale, transfer, or exchange, if 1 or more of the firearms 
        has been shipped or transported in, or otherwise affects, 
        interstate or foreign commerce; and
            ``(B) at which--
                    ``(i) not less than 20 percent of the exhibitors 
                are firearm exhibitors;
                    ``(ii) there are not less than 10 firearm 
                exhibitors; or
                    ``(iii) 50 or more firearms are offered for sale, 
                transfer, or exchange.
    ``(36) Gun show promoter.--The term `gun show promoter' means any 
person who organizes, plans, promotes, or operates a gun show.
    ``(37) Gun show vendor.--The term `gun show vendor' means any 
person who exhibits, sells, offers for sale, transfers, or exchanges 1 
or more firearms at a gun show, regardless of whether or not the person 
arranges with the gun show promoter for a fixed location from which to 
exhibit, sell, offer for sale, transfer, or exchange 1 or more 
firearms.''
    (b) Regulation of Firearms Transfers at Gun Shows.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
    ``(a) Registration of Gun Show Promoters.--It shall be unlawful for 
any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) registers with the Secretary in accordance with 
        regulations promulgated by the Secretary; and
            ``(2) pays a registration fee, in an amount determined by 
        the Secretary.
    ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful 
for any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) before commencement of the gun show, verifies the 
        identity of each gun show vendor participating in the gun show 
        by examining a valid identification document (as defined in 
        section 1028(d)(1)) of the vendor containing a photograph of 
        the vendor;
            ``(2) before commencement of the gun show, requires each 
        gun show vendor to sign--
                    ``(A) a ledger with identifying information 
                concerning the vendor; and
                    ``(B) a notice advising the vendor of the 
                obligations of the vendor under this chapter; and
            ``(3) notifies each person who attends the gun show of the 
        requirements of this chapter, in accordance with such 
        regulations as the Secretary shall prescribe; and
            ``(4) maintains a copy of the records described in 
        paragraphs (1) and (2) at the permanent place of business of 
        the gun show promoter for such period of time and in such form 
        as the Secretary shall require by regulation.
    ``(c) Responsibilities of Transferors Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to transfer a firearm to 
        another person who is not licensed under this chapter, unless 
        the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not transfer the firearm to the 
                transferee until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                transfer the firearm to the transferee if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
            ``(3) Absence of recordkeeping requirements.--Nothing in 
        this section shall permit or authorize the Secretary to impose 
        recordkeeping requirements on any nonlicensed vendor.
    ``(d) Responsibilities of Transferees Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to receive a firearm 
        from another person who is not licensed under this chapter, 
        unless the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not receive the firearm from the 
                transferor until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                receive the firearm from the transferor if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
    ``(e) Responsibilities of Licensees.--A licensed importer, licensed 
manufacturer, or licensed dealer who agrees to assist a person who is 
not licensed under this chapter in carrying out the responsibilities of 
that person under subsection (c) or (d) with respect to the transfer of 
a firearm shall--
            ``(1) enter such information about the firearm as the 
        Secretary may require by regulation into a separate bound 
        record;
            ``(2) record the transfer on a form specified by the 
        Secretary;
            ``(3) comply with section 922(t) as if transferring the 
        firearm from the inventory of the licensed importer, licensed 
        manufacturer, or licensed dealer to the designated transferee 
        (although a licensed importer, licensed manufacturer, or 
        licensed dealer complying with this subsection shall not be 
        required to comply again with the requirements of section 
        922(t) in delivering the firearm to the nonlicensed 
        transferor), and notify the nonlicensed transferor and the 
        nonlicensed transferee--
                    ``(A) of such compliance; and
                    ``(B) if the transfer is subject to the 
                requirements of section 922(t)(1), of any receipt by 
                the licensed importer, licensed manufacturer, or 
                licensed dealer of a notification from the national 
                instant criminal background check system that the 
                transfer would violate section 922 or would violate 
                State law;
            ``(4) not later than 10 days after the date on which the 
        transfer occurs, submit to the Secretary a report of the 
        transfer, which report--
                    ``(A) shall be on a form specified by the Secretary 
                by regulation; and
                    ``(B) shall not include the name of or other 
                identifying information relating to any person involved 
                in the transfer who is not licensed under this chapter;
            ``(5) if the licensed importer, licensed manufacturer, or 
        licensed dealer assists a person other than a licensee in 
        transferring, at 1 time or during any 5 consecutive business 
        days, 2 or more pistols or revolvers, or any combination of 
        pistols and revolvers totaling 2 or more, to the same 
        nonlicensed person, in addition to the reports required under 
        paragraph (4), prepare a report of the multiple transfers, 
        which report shall be--
                    ``(A) prepared on a form specified by the 
                Secretary; and
                    ``(B) not later than the close of business on the 
                date on which the transfer occurs, forwarded to--
                            ``(i) the office specified on the form 
                        described in subparagraph (A); and
                            ``(ii) the appropriate State law 
                        enforcement agency of the jurisdiction in which 
                        the transfer occurs; and
            ``(6) retain a record of the transfer as part of the 
        permanent business records of the licensed importer, licensed 
        manufacturer, or licensed dealer.
    ``(f) Records of Licensee Transfers.--If any part of a firearm 
transaction takes place at a gun show, each licensed importer, licensed 
manufacturer, and licensed dealer who transfers 1 or more firearms to a 
person who is not licensed under this chapter shall, not later than 10 
days after the date on which the transfer occurs, submit to the 
Secretary a report of the transfer, which report--
            ``(1) shall be in a form specified by the Secretary by 
        regulation;
            ``(2) shall not include the name of or other identifying 
        information relating to the transferee; and
            ``(3) shall not duplicate information provided in any 
        report required under subsection (e)(4).
    ``(g) Firearm Transaction Defined.--In this section, the term 
`firearm transaction'--
            ``(1) includes the offer for sale, sale, transfer, or 
        exchange of a firearm; and
            ``(2) does not include the mere exhibition of a firearm.''.
            (2) Penalties.--Section 924(a) of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(7)(A) Whoever knowingly violates section 931(a) shall be fined 
under this title, imprisoned not more than 5 years, or both.
    ``(B) Whoever knowingly violates subsection (b) or (c) of section 
931, shall be--
            ``(i) fined under this title, imprisoned not more than 2 
        years, or both; and
            ``(ii) in the case of a second or subsequent conviction, 
        such person shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    ``(C) Whoever willfully violates section 931(d), shall be--
            ``(i) fined under this title, imprisoned not more than 2 
        years, or both; and
            ``(ii) in the case of a second or subsequent conviction, 
        such person shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    ``(D) Whoever knowingly violates subsection (e) or (f) of section 
931 shall be fined under this title, imprisoned not more than 5 years, 
or both.
    ``(E) In addition to any other penalties imposed under this 
paragraph, the Secretary may, with respect to any person who knowingly 
violates any provision of section 931--
            ``(i) if the person is registered pursuant to section 
        931(a), after notice and opportunity for a hearing, suspend for 
        not more than 6 months or revoke the registration of that 
        person under section 931(a); and
            ``(ii) impose a civil fine in an amount equal to not more 
        than $10,000.''.
            (3) Technical and conforming amendments.--Chapter 44 of 
        title 18, United States Code, is amended--
                    (A) in the chapter analysis, by adding at the end 
                the following:

``931. Regulation of firearms transfers at gun shows.'';
                and
                    (B) in the first sentence of section 923(j), by 
                striking ``a gun show or event'' and inserting ``an 
                event''; and
    (c) Inspection Authority.--Section 923(g)(1) is amended by adding 
at the end the following:
    ``(E) Notwithstanding subparagraph (B), the Secretary may enter 
during business hours the place of business of any gun show promoter 
and any place where a gun show is held for the purposes of examining 
the records required by sections 923 and 931 and the inventory of 
licensees conducting business at the gun show. Such entry and 
examination shall be conducted for the purposes of determining 
compliance with this chapter by gun show promoters and licensees 
conducting business at the gun show and shall not require a showing of 
reasonable cause or a warrant.''.
    (d) Increased Penalties for Serious Recordkeeping Violations by 
Licensees.--Section 924(a)(3) of title 18, United States Code, is 
amended to read as follows:
    ``(3)(A) Except as provided in subparagraph (B), any licensed 
dealer, licensed importer, licensed manufacturer, or licensed collector 
who knowingly makes any false statement or representation with respect 
to the information required by this chapter to be kept in the records 
of a person licensed under this chapter, or violates section 922(m) 
shall be fined under this title, imprisoned not more than 1 year, or 
both.
    ``(B) If the violation described in subparagraph (A) is in relation 
to an offense--
            ``(i) under paragraph (1) or (3) of section 922(b), such 
        person shall be fined under this title, imprisoned not more 
        than 5 years, or both; or
            ``(ii) under subsection (a)(6) or (d) of section 922, such 
        person shall be fined under this title, imprisoned not more 
        than 10 years, or both.''.
    (e) Increased Penalties for Violations of Criminal Background Check 
Requirements.--
            (1) Penalties.--Section 924 of title 18, United States 
        Code, is amended--
                    (A) in paragraph (5), by striking ``subsection (s) 
                or (t) of section 922'' and inserting ``section 
                922(s)''; and
                    (B) by adding at the end the following:
    ``(8) Whoever knowingly violates section 922(t) shall be fined 
under this title, imprisoned not more than 5 years, or both.''.
            (2) Elimination of certain elements of offense.--Section 
        922(t)(5) of title 18, United States Code, is amended by 
        striking ``and, at the time'' and all that follows through 
        ``State law''.
    (f) Gun Owner Privacy and Prevention of Fraud and Abuse of System 
Information.--Section 922(t)(2)(C) of title 18, United States Code, is 
amended by inserting before the period at the end the following: ``, as 
soon as possible, consistent with the responsibility of the Attorney 
General under section 103(h) of the Brady Handgun Violence Prevention 
Act to ensure the privacy and security of the system and to prevent 
system fraud and abuse, but in no event later than 90 days after the 
date on which the licensee first contacts the system with respect to 
the transfer''.
    (g) Effective Date.--This part and the amendments made by this part 
shall take effect 180 days after the date of enactment of this Act.

                 TITLE VI--THE INNOCENCE PROTECTION ACT

SEC. 6001. SHORT TITLE.

    This title may be cited as the ``Innocence Protection Act of 
2003''.

        Subtitle A--Exonerating the Innocent Through DNA Testing

SEC. 6101. DNA TESTING IN FEDERAL CRIMINAL JUSTICE SYSTEM.

    (a) In General.--Part VI of title 28, United States Code, is 
amended by inserting after chapter 155 the following:

                       ``CHAPTER 156--DNA TESTING

``Sec.
``2291. DNA testing.
``2292. Preservation of evidence.
``Sec. 2291. DNA testing
    ``(a) Application.--Notwithstanding any other provision of law, a 
person convicted of a Federal crime may apply to the appropriate 
Federal court for DNA testing by asserting under oath that the person 
did not commit--
            ``(1) the Federal crime of which the person was convicted; 
        or
            ``(2) any other offense that a sentencing authority may 
        have relied upon when it sentenced the person with respect to 
        the Federal crime either to death or to an enhanced term of 
        imprisonment as a career offender or armed career criminal.
    ``(b) Notice to Government.--The court shall notify the Government 
of an application made under subsection (a) and shall afford the 
Government an opportunity to respond.
    ``(c) Preservation Order.--The court shall order that all evidence 
secured in relation to the case that could be subjected to DNA testing 
must be preserved during the pendency of the proceeding. The court may 
impose appropriate sanctions, including criminal contempt, for the 
intentional destruction of evidence after such an order.
    ``(d) Order.--
            ``(1) In general.--The court shall order DNA testing 
        pursuant to an application made under subsection (a) upon a 
        determination that--
                    ``(A) the evidence is still in existence, and in 
                such a condition that DNA testing may be conducted;
                    ``(B) the evidence was never previously subjected 
                to DNA testing, or was not subject to the type of DNA 
                testing that is now requested and that may resolve an 
                issue not resolved by previous testing;
                    ``(C) the proposed DNA testing uses a 
                scientifically valid technique;
                    ``(D) the proposed DNA testing has the scientific 
                potential to produce new, noncumulative evidence which 
                is material to the claim of the applicant that the 
                applicant did not commit, and which raises a reasonable 
                probability that the applicant would not have been 
                convicted of--
                            ``(i) the Federal crime of which the 
                        applicant was convicted; or
                            ``(ii) any other offense that a sentencing 
                        authority may have relied upon when it 
                        sentenced the applicant with respect to the 
                        Federal crime either to death or to an enhanced 
                        term of imprisonment as a career offender or 
                        armed career criminal; and
                    ``(E) the identity of the perpetrator was or should 
                have been a significant issue in the case.
            ``(2) Limitation.--
                    ``(A) In general.--The court shall not order DNA 
                testing under paragraph (1) if the Government proves by 
                a preponderance of the evidence that the application 
                for testing was made to interfere with the 
                administration of justice rather than to support a 
                claim described in paragraph (1)(D).
                    ``(B) Government's claim.--The Government's claim 
                under subparagraph (A)--
                            ``(i) may be supported by evidence of the 
                        defendant's unexplained delay in seeking 
                        testing;
                            ``(ii) may be supported by evidence that 
                        the defendant's attorney presented at trial an 
                        affirmative defense that is factually 
                        inconsistent with the current application; and
                            ``(iii) shall succeed if the defendant 
                        testified at trial in support of an affirmative 
                        defense that is factually inconsistent with the 
                        current application.
            ``(3) Testing procedures.--If the court orders DNA testing 
        under paragraph (1), the court shall impose reasonable 
        conditions on such testing designed to protect the integrity of 
        the evidence and the testing process and the reliability of the 
        test results, including a condition that the test results are 
        simultaneously disclosed to defense counsel, prosecuting 
        counsel, and the court of jurisdiction.
    ``(e) Cost.--The cost of DNA testing ordered under subsection (d) 
shall be borne by the Government or the applicant, as the court may 
order in the interests of justice, except that an applicant shall not 
be denied testing because of an inability to pay the cost of testing.
    ``(f) Counsel.--The court may at any time appoint counsel for an 
indigent applicant under this section pursuant to section 
3006A(a)(2)(B) of title 18.
    ``(g) Post-Testing Procedures.--
            ``(1) Inconclusive results.--If the results of DNA testing 
        conducted under this section are inconclusive, the court may 
        order such further testing as may be appropriate or dismiss the 
        application.
            ``(2) Results unfavorable to applicant.--If the results of 
        DNA testing conducted under this section inculpate the 
        applicant, the court shall--
                    ``(A) dismiss the application;
                    ``(B) assess the applicant for the cost of the 
                testing;
                    ``(C) submit applicant's DNA testing results to the 
                Department of Justice for inclusion in the Combined DNA 
                Index System; and
                    ``(D) make such further orders as may be 
                appropriate, including an order of contempt.
            ``(3) Results favorable to applicant.--If the results of 
        DNA testing conducted under this section are favorable to the 
        applicant, the court shall order a hearing and thereafter make 
        such further orders as may be appropriate under applicable 
        rules and statutes regarding post-conviction proceedings, 
        notwithstanding any provision of law that would bar such 
        hearing or orders as untimely.
    ``(h) Rules of Construction.--
            ``(1) Other post-conviction relief unaffected.--Nothing in 
        this section shall be construed to limit the circumstances 
        under which a person may obtain DNA testing or other post-
        conviction relief under any other provision of law.
            ``(2) Finality rule unaffected.--An application under this 
        section shall not be considered a motion under section 2255 for 
        purposes of determining whether it or any other motion is a 
        second or successive motion under section 2255.
    ``(i) Definitions.--In this section:
            ``(1) Appropriate federal court.--The term `appropriate 
        Federal court' means--
                    ``(A) the United States District Court which 
                imposed the sentence from which the applicant seeks 
                relief; or
                    ``(B) in relation to a crime under the Uniform Code 
                of Military Justice, the United States District Court 
                having jurisdiction over the place where the court 
                martial was convened that imposed the sentence from 
                which the applicant seeks relief, or the United States 
                District Court for the District of Columbia, if no 
                United States District Court has jurisdiction over the 
                place where the court martial was convened.
            ``(2) Federal crime.--The term `Federal crime' includes a 
        crime under the Uniform Code of Military Justice.
``Sec. 2292. Preservation of evidence
    ``(a) In General.--Notwithstanding any other provision of law and 
subject to subsection (b), the Government shall preserve all evidence 
that was secured in relation to the investigation or prosecution of a 
Federal crime (as that term is defined in section 2291(i)), and that 
could be subjected to DNA testing, for not less than the period of time 
that any person remains subject to incarceration in connection with the 
investigation or prosecution.
    ``(b) Exceptions.--The Government may dispose of evidence before 
the expiration of the period of time described in subsection (a) if--
            ``(1) other than subsection (a), no statute, regulation, 
        court order, or other provision of law requires that the 
        evidence be preserved; and
            ``(2)(A)(i) the Government notifies any person who remains 
        incarcerated in connection with the investigation or 
        prosecution and any counsel of record for such person (or, if 
        there is no counsel of record, the public defender for the 
        judicial district in which the conviction for such person was 
        imposed), of the intention of the Government to dispose of the 
        evidence and the provisions of this chapter; and
            ``(ii) the Government affords such person not less than 180 
        days after such notification to make an application under 
        section 2291(a) for DNA testing of the evidence; or
            ``(B)(i) the evidence must be returned to its rightful 
        owner, or is of such a size, bulk, or physical character as to 
        render retention impracticable; and
            ``(ii) the Government takes reasonable measures to remove 
        and preserve portions of the material evidence sufficient to 
        permit future DNA testing.
    ``(c) Remedies for Noncompliance.--
            ``(1) General limitation.--Nothing in this section shall be 
        construed to give rise to a claim for damages against the 
        United States, or any employee of the United States, any court 
        official or officer of the court, or any entity contracting 
        with the United States.
            ``(2) Civil penalty.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                an individual who knowingly violates a provision of 
                this section or a regulation prescribed under this 
                section shall be liable to the United States for a 
                civil penalty in an amount not to exceed $1,000 for the 
                first violation and $5,000 for each subsequent 
                violation, except that the total amount imposed on the 
                individual for all such violations during a calendar 
                year may not exceed $25,000.
                    ``(B) Procedures.--The provisions of section 405 of 
                the Controlled Substances Act (21 U.S.C. 844a), other 
                than subsections (a) through (d) and subsection (j), 
                shall apply to the imposition of a civil penalty under 
                subparagraph (A) in the same manner as such provisions 
                apply to the imposition of a penalty under such section 
                405.
                    ``(C) Prior conviction.--A civil penalty may not be 
                assessed under subparagraph (A) with respect to an act 
                if that act previously resulted in a conviction under 
                chapter 73 of title 18.
            ``(3) Regulations.--
                    ``(A) In general.--The Attorney General shall 
                promulgate regulations to implement and enforce this 
                section.
                    ``(B) Contents.--The regulations shall include the 
                following:
                            ``(i) Disciplinary sanctions, including 
                        suspension or termination from employment, for 
                        employees of the Department of Justice who 
                        knowingly or repeatedly violate a provision of 
                        this section.
                            ``(ii) An administrative procedure through 
                        which parties can file formal complaints with 
                        the Department of Justice alleging violations 
                        of this section.''.
    (b) Criminal Penalty.--Chapter 73 of title 18, United States Code, 
is amended by inserting at the end the following:
``Sec. 1521. Destruction or altering of DNA evidence
    ``Whoever willfully or maliciously destroys, alters, conceals, or 
tampers with evidence that is required to be preserved under section 
2292 of title 28, United States Code, with intent to--
            ``(1) impair the integrity of that evidence;
            ``(2) prevent that evidence from being subjected to DNA 
        testing; or
            ``(3) prevent the production or use of that evidence in an 
        official proceeding,
shall be fined under this title or imprisoned not more than 5 years, or 
both.''.
    (c) Testing of Federal Inmates.--The Attorney General is authorized 
to conduct a systematic review of Federal cases in which a defendant 
was sentenced to death to identify cases in which DNA evidence is 
readily accessible and DNA testing is appropriate and to conduct DNA 
testing in such cases within 12 months of enactment of this Act.
    (d) Technical and Conforming Amendments.--
            (1) The analysis for part VI of title 28, United States 
        Code, is amended by inserting after the item relating to 
        chapter 155 the following:

``156. DNA testing..........................................    2291''.
            (2) The table of contents for Chapter 73 of title 18, 
        United States Code, is amended by inserting after the item 
        relating to section 1520 the following:

``1521. Destruction or altering of DNA evidence.''.

SEC. 6102. DNA TESTING IN STATE CRIMINAL JUSTICE SYSTEMS.

    (a) Certification Regarding Post-Conviction Testing and 
Preservation of DNA Evidence.--If any part of funds received from a 
grant made by any Executive agency is to be used to develop or improve 
a DNA analysis capability in a forensic laboratory, or to collect, 
analyze, or index DNA samples for law enforcement identification 
purposes, the State applying for that grant must certify that it will--
            (1) make post-conviction DNA testing available to any 
        person convicted of a State crime in a manner consistent with 
        section 2291 of title 28, United States Code, and, if the 
        results of such testing are favorable to such person, allow 
        such person to apply for post-conviction relief, 
        notwithstanding any provision of law that would bar such 
        application as untimely;
            (2) preserve all evidence that was secured in relation to 
        the investigation or prosecution of a State crime, and that 
        could be subjected to DNA testing, for not less than the period 
        of time that such evidence would be required to be preserved 
        under section 2292 of title 28, United States Code, if the 
        evidence were related to a Federal crime;
            (3) in cases where DNA evidence exonerates an inmate, 
        investigate the causes of such convictions, publish the results 
        of such investigations, and take steps to prevent such errors 
        in future cases; and
            (4) establish a program under which State and local 
        prosecutors shall conduct a systematic review of cases in which 
        a defendant was sentenced to death to identify cases in which 
        DNA evidence is readily accessible and DNA testing is 
        appropriate and to conduct DNA testing in such cases not later 
        than 18 months after the date of enactment of this Act.
    (b) Effective Date.--This section shall apply with respect to any 
grant made on or after the date that is 1 year after the date of 
enactment of this Act.

SEC. 6103. PROHIBITION PURSUANT TO SECTION 5 OF THE 14TH AMENDMENT.

    (a) Findings and Purpose.--
            (1) Findings.--Congress makes the following findings:
                    (A) Over the past decade, DNA testing has emerged 
                as the most reliable forensic technique for identifying 
                criminals when biological material is left at a crime 
                scene.
                    (B) Because of its scientific precision, DNA 
                testing can, in some cases, conclusively establish the 
                guilt or innocence of a criminal defendant. In other 
                cases, DNA testing may not conclusively establish guilt 
                or innocence, but may have significant probative value 
                to a finder of fact.
                    (C) While DNA testing is increasingly commonplace 
                in pretrial investigations today, it was not widely 
                available in cases tried prior to 1994. Moreover, new 
                forensic DNA testing procedures have made it possible 
                to get results from minute samples that could not 
                previously be tested, and to obtain more informative 
                and accurate results than earlier forms of forensic DNA 
                testing could produce. Consequently, in some cases 
                convicted inmates have been exonerated by new DNA tests 
                after earlier tests had failed to produce definitive 
                results.
                    (D) Since DNA testing is often feasible on relevant 
                biological material that is decades old, it can, in 
                some circumstances, prove that a conviction that 
                predated the development of DNA testing was based upon 
                incorrect factual findings. Uniquely, DNA evidence 
                showing innocence, produced decades after a conviction, 
                provides a more reliable basis for establishing a 
                correct verdict than any evidence proffered at the 
                original trial. DNA testing, therefore, can and has 
                resulted in the post-conviction exoneration of innocent 
                men and women.
                    (E) In more than 100 cases in the United States, 
                DNA evidence has led to the exoneration of innocent men 
                and women who were wrongfully convicted. This number 
                includes at least 12 individuals sentenced to death, 
                some of whom came within days of being executed.
                    (F) In more than a dozen cases, post-conviction DNA 
                testing that has exonerated an innocent person has also 
                enhanced public safety by providing evidence that led 
                to the identification of the actual perpetrator.
                    (G) Experience has shown that it is not unduly 
                burdensome to make DNA testing available to inmates. 
                The cost of that testing is relatively modest and has 
                decreased in recent years. Moreover, the number of 
                cases in which post-conviction DNA testing is 
                appropriate is small, and will decrease as pretrial 
                testing becomes more common.
                    (H) Under current law in many States, it is 
                difficult to obtain post-conviction DNA testing because 
                of time limits on introducing newly discovered 
                evidence. Motions for a new trial based on newly 
                discovered evidence must be made not later than 2 years 
                after conviction, and sometimes much sooner. The result 
                is that laws intended to prevent the use of evidence 
                that has become less reliable over time have been used 
to preclude the use of DNA evidence that remains highly reliable even 
decades after trial.
                    (I) Since New York passed the Nation's first post-
                conviction DNA statute in 1994, a number of States have 
                adopted post-conviction DNA testing procedures, but 
                some of these procedures are unduly restrictive, and 
                many States have not adopted such procedures.
                    (J) In Herrera v. Collins, 506 U.S. 390 (1993), a 
                majority of the members of the Supreme Court suggested 
                that a persuasive showing of innocence made after trial 
                would render the execution of an inmate 
                unconstitutional. The principle is no different for one 
                who has been sentenced not to death, but to a term of 
                extended incarceration.
                    (K) It shocks the conscience and offends social 
                standards of fairness to deny inmates a right of access 
                to evidence for tests that could produce persuasive 
                evidence of their innocence.
                    (L) If biological material is not subjected to DNA 
                testing in appropriate cases, there is a significant 
                risk that persuasive evidence of innocence will not be 
                detected and, accordingly, that innocent persons will 
                be unconstitutionally incarcerated or executed.
                    (M) Given the irremediable constitutional harm that 
                would result from the punishment of an innocent person, 
                a Federal statute assuring access to evidence for the 
                purpose of DNA testing is a congruent and proportional 
                prophylactic measure to prevent constitutional injuries 
                from occurring.
            (2) Purpose.--The purpose of this section is to prevent the 
        imposition of unconstitutional punishments through the exercise 
        of power granted by clause 1 of section 8 and clause 2 of 
        section 9 of article I of the Constitution of the United States 
        and section 5 of the 14th amendment to the Constitution of the 
        United States.
    (b) Application for DNA Testing.--No State shall deny a prisoner in 
State custody access to evidence for the purpose of DNA testing, if the 
proposed DNA testing has the scientific potential to produce new, 
noncumulative evidence which is material to the claim of the prisoner 
that the prisoner did not commit, and which raises a reasonable 
probability that the prisoner would not have been convicted of--
            (1) the crime of which the prisoner was convicted; or
            (2) if the prisoner was sentenced to death, any other 
        offense that a sentencing authority may have relied upon when 
        it sentenced the prisoner to death.
    (c) Remedy.--A prisoner in State custody may enforce subsection (b) 
in a civil action for declaratory or injunctive relief, filed either in 
a State court of general jurisdiction or in a district court of the 
United States, naming an executive or judicial officer of the State as 
defendant.
    (d) Finality Rule Unaffected.--An application under this section 
shall not be considered an application for a writ of habeas corpus 
under section 2254 of title 28, United States Code, for purposes of 
determining whether it or any other application is a second or 
successive application under such section 2254.

SEC. 6104. GRANTS TO PROSECUTORS FOR DNA TESTING PROGRAMS.

    Section 501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--
            (1) in paragraph (27), as added by Public Law 106-177, by 
        striking ``and'' after the semicolon;
            (2) in paragraph (28), by striking the period and inserting 
        a semicolon;
            (3) by redesignating paragraph (27), as added by Public Law 
        106-561, as paragraph (29);
            (4) in paragraph (29), as redesignated by paragraph (3), by 
        striking the period at the end and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(30) prosecutor-initiated programs to conduct a 
        systematic review of convictions to identify cases in which DNA 
        testing is appropriate and to offer DNA testing to inmates in 
        such cases.''.

   Subtitle B--Improving State Systems for Providing Competent Legal 
                       Services in Capital Cases

SEC. 6201. CAPITAL REPRESENTATION SYSTEM IMPROVEMENT GRANTS.

    (a) Grant Authorization.--The Attorney General shall make available 
grants to States for the purpose of improving the quality of legal 
representation provided to indigent defendants in State capital cases.
    (b) Definition.--In this subtitle, the term ``legal 
representation'' means legal counsel and investigative, expert, and 
other services necessary for competent representation.
    (c) Purposes.--Grants awarded under subsection (a) shall--
            (1) be used to establish, implement, or improve an 
        effective system described in subsection (d) for providing 
        competent legal representation to--
                    (A) indigents charged with an offense subject to 
                capital punishment;
                    (B) indigents who have been sentenced to death and 
                who seek appellate or collateral relief in State court; 
                and
                    (C) indigents who have been sentenced to death and 
                who seek review in the Supreme Court of the United 
                States;
            (2) supplement, not supplant, existing State and local 
        funding; and
            (3) not be used to fund representation in particular cases.
    (d) Effective System.--An effective system for providing competent 
legal representation is a system that--
            (1) invests the responsibility for identifying and 
        appointing qualified attorneys to represent indigents in 
        capital cases in an entity that--
                    (A) is established by statute or by the highest 
                State court with jurisdiction in criminal cases;
                    (B) carries out its core functions independently of 
                the executive, legislative, and judicial branches of 
                State government, provided that the participation of 
                appellate judges is not precluded; and
                    (C) may be structured to take account of the size 
                and demography of the State;
            (2) requires the entity described in paragraph (1) to--
                    (A) establish qualifications for attorneys who may 
                be appointed to represent indigents in capital cases;
                    (B) establish and maintain a roster of qualified 
                attorneys;
                    (C) appoint 2 attorneys from the roster to 
                represent an indigent in a capital case upon receiving 
                notice of the need;
                    (D) provide for periodic training programs for 
                attorneys representing indigents in capital cases; and
                    (E) monitor the performance of attorneys who are 
                appointed and their attendance at training programs, 
                and remove from the roster attorneys who fail to 
                deliver effective representation or who fail to comply 
                with such requirements as the entity may establish 
                regarding training programs; and
            (3) provides attorneys appointed to represent indigents in 
        capital cases--
                    (A) reasonable compensation for actual time and 
                service, computed on an hourly basis, at a rate of 
                compensation that is comparable (subject to cost of 
                living differences among States) to the rate typically 
                paid to attorneys appointed to represent capital 
                clients in Federal court proceedings, except that the 
                requirement of reasonable compensation shall not be 
                interpreted to require a State to compensate counsel at 
                a rate in excess of the Federal rate; and
                    (B) reasonable reimbursement for the costs of 
                staff, investigators, experts, tests and other support 
                services in a manner comparable to the manner in which 
                such expenses are reimbursed in Federal capital cases.
    (e) Factors.--In determining whether to include or maintain an 
attorney on the roster of attorneys who may be appointed to represent 
indigents in capital cases, an entity described in subsection (d)(1) 
shall--
            (1) consider whether, during the past 5 years, the 
        attorney--
                    (A) has been sanctioned by a bar association or 
                court for ethical misconduct relating to the attorney's 
                conduct as defense counsel in a felony case in Federal 
                or State court;
                    (B) has been found, after a final determination by 
                a Federal or State court, to have rendered 
                constitutionally ineffective assistance of counsel in a 
                felony case in Federal or State court; or
                    (C) has asserted under oath or in writing in 
                relation to 3 or more felony cases in Federal or State 
                court that he or she has rendered constitutionally 
                ineffective assistance of counsel, regardless of 
                whether a court found the attorney to have rendered 
                such ineffective assistance; and
            (2) if a consideration in paragraph (1) pertains, consider 
        the nature of the act or omission that led to that sanction, 
        finding, or assertion.
    (f) Applications.--
            (1) In general.--The Attorney General shall establish a 
        process by which States may apply for a grant under this 
        section.
            (2) Requirements.--Each application shall include, in 
        addition to such other information as the Attorney General may 
        reasonably require--
                    (A) a description of the communities to be served 
                by the grant, including the nature of existing capital 
                defender services within such communities;
                    (B) assurances that Federal funds received under 
                this section shall be used to supplement and not 
                supplant non-Federal funds that would otherwise be 
                available for activities funded under this section;
                    (C) a long-term statewide strategy and detailed 
                implementation plan that reflects consultation with the 
                judiciary, the organized bar, and the attorney general 
                of the State;
                    (D) a plan for obtaining necessary resources to 
                maintain the system following termination of Federal 
                support; and
                    (E) the State's agreement to submit to enforcement 
                suits under section 6202.
    (g) Federal Share.--The Attorney General shall establish a schedule 
to ensure that the Federal share of total expenditures to carry out the 
purposes of a grant under this section shall decrease and the State's 
share shall increase over the years in which a State receives 
assistance under this section, except that a State shall have no 
obligation to match any portion of the Federal expenditure in the first 
fiscal year in which it receives such assistance.
    (h) Report.--Each State receiving funds under this section shall 
submit an annual report to the Attorney General--
            (1) explaining the activities carried out with the funds 
        received;
            (2) evaluating the effectiveness of such activities in 
        establishing or maintaining an effective system; and
            (3) containing such additional information as the Attorney 
        General may require.
    (i) Monitoring.--
            (1) In general.--The Attorney General shall monitor whether 
        a State receiving funds under this section maintains an 
        effective system within the meaning of this section.
            (2) Compliance.--If the Attorney General finds that a State 
        does not maintain an effective system, he shall direct the 
        State to take such measures as he deems necessary to achieve 
        compliance with the terms of the grant and may enforce such 
        measures in Federal district court. A State may challenge the 
        need for such measures in Federal district court.
            (3) Enforcement suit.--An enforcement suit under section 
        6202 shall lie regardless of whether the Attorney General takes 
        action under paragraph (2).
    (j) Reports to Congress.--
            (1) Attorney general.--Not later than 90 days after the end 
        of each fiscal year for which grants are made under this 
        section, the Attorney General shall submit a report to Congress 
        that includes the size of the grant made under this section to 
        each State for such fiscal year and an assessment of each 
        State's system for providing competent legal representation to 
        indigents in capital cases.
            (2) GAO.--Not later than 30 months after the date of 
        enactment of this Act, and every 24 months thereafter if grants 
        were made under this section during the preceding 24-month 
        period, the General Accounting Office shall submit a report to 
        Congress that includes, with respect to each State that 
        prescribes, authorizes, or permits the penalty of death for any 
        offense--
                    (A) a detailed description of any system for 
                providing representation, including counsel and 
                investigative, expert, and other services necessary for 
                effective representation, to indigent persons in 
                capital cases;
                    (B) an evaluation of the effectiveness of such 
                system in providing such representation, including an 
                assessment as to whether such system includes the 
                elements set forth in subsection (d); and
                    (C) a summary of the amounts actually paid by 
                governmental entities for such representation during 
                the fiscal years covered by the report.
    (k) Authorization of Appropriations.--To carry out this section 
there are authorized to be appropriated--
            (1) for fiscal year 2003, $50,000,000;
            (2) for fiscal year 2004, $75,000,000;
            (3) for fiscal year 2005, $100,000,000;
            (4) for fiscal year 2006, $100,000,000;
            (5) for fiscal year 2007, $75,000,000; and
            (6) for fiscal year 2008, $50,000,000.
    (l) Special Authorization Rule.--In any fiscal year in which the 
amount appropriated under this section falls below the amount 
authorized, the Attorney General shall expend such portion of the sum 
appropriated to carry out the programs under parts D and E of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (referred to 
in this subsection as the ``Byrne programs''), or any successor 
programs, as is necessary to ensure that the program authorized in this 
section is funded at the authorized amount, provided that in no event 
shall the portion of the funding for the Byrne programs used for this 
purpose exceed 10 percent of the sums appropriated for the Byrne 
programs.
    (m) Conforming Change.--Section 506 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by adding at 
the end the following:
    ``(g) Rule.--Funding under this section is subject to the special 
authorization rule set forth at section 6201(l) of the Innocence 
Protection Act of 2003.''.

SEC. 6202. ENFORCEMENT SUITS.

    (a) Right of Action.--A person, acting on his own behalf and on 
behalf of the United States, may commence a civil action in a United 
States district court against an executive officer of a State that 
receives a grant under section 6201, alleging that the officer fails to 
maintain an effective system for providing competent legal 
representation in capital cases within the meaning of section 6201.
    (b) Limitations.--
            (1) In general.--A suit may not be brought under this 
        section prior to the date that is 1 year after the date on 
        which the State receives a grant under section 6201.
            (2) Refiling suit.--A suit dismissed with prejudice may not 
        be refiled within 1 year of the date on which the first suit 
        was dismissed.
    (c) Consolidation.--All suits pending at the same time in 1 or more 
Federal districts against the executive officers of a single State 
shall be consolidated.
    (d) Procedure.--
            (1) Service.--A person who files a civil action authorized 
        by subsection (a) shall serve a copy of the complaint to the 
        Attorney General of the United States.
            (2) Intervention.--Not later than 90 days after a filing 
        under paragraph (1), the Attorney General shall either 
        intervene in the action or notify both the person who filed the 
        action and the Court that the United States declines to 
        intervene.
            (3) United states declines.--If the United States declines 
        to intervene, the person who filed the action shall be entitled 
        to conduct the action.
            (4) Later intervention.--The United States may intervene at 
        a later time only with leave of Court on a showing of good 
        cause.
            (5) Effect of united states intervention.--If the United 
        States intervenes--
                    (A) the Attorney General shall assume 
                responsibility for conducting the action; and
                    (B) the person who filed the action shall be 
                entitled to continue as a party and to participate in 
                all formal and informal pretrial, trial, and appellate 
                proceedings, including settlement negotiations.
    (e) Relief.--
            (1) In general.--If the court concludes that the State 
        system, for which the officer named as defendant is 
        responsible, is not effective within the meaning of section 
        6201(d), or fails to meet any other condition established by 
        the Attorney General under that section, the court shall order 
        appropriate declaratory or injunctive relief.
            (2) Costs; fees.--The court shall also award costs and 
        fees, including attorney and expert witness fees, to the person 
        who commenced the action.
    (f) Status of Grant.--
            (1) In general.--The pendency of a suit under this section 
        shall not result in suspension of the grant under section 6201, 
        except as a court may order.
            (2) Alternative grant disbursement.--If the court finds 
        that the State system, for which the officer named as defendant 
        is responsible, will not become effective in a reasonable 
        period of time, it may order that the grant be disbursed 
        pursuant to section 6203.

SEC. 6203. GRANTS TO QUALIFIED CAPITAL DEFENDER ORGANIZATIONS.

    (a) Alternative Grants.--
            (1) In general.--If a State that authorizes capital 
        punishment does not seek or does not qualify for a grant under 
        section 6201, the Attorney General shall award a grant to 1 or 
        more qualified capital defender organizations in that State in 
        an amount determined under subsection (d).
            (2) Limitation.--A grant under this section may not be made 
        to an organization to provide services in a State in the same 
        fiscal year that State receives a grant under section 6201 
        except pursuant to section 6202(f).
    (b) Qualified Capital Defender Organizations.--A qualified capital 
defender organization eligible to receive a grant under this section is 
a nonprofit organization or public defender organization comprised of 
attorneys who specialize or have substantial experience in providing 
legal services in the State to defendants in capital cases.
    (c) Uses of Funds.--Grants made under this section may be used to--
            (1) strengthen systems for providing competent legal 
        representation to--
                    (A) indigents charged with an offense subject to 
                capital punishment;
                    (B) indigents who have been sentenced to death and 
                who seek appellate or collateral relief in State court; 
                and
                    (C) indigents who have been sentenced to death and 
                who seek review in the Supreme Court of the United 
                States;
            (2) recruit and train attorneys to provide competent legal 
        representation in capital cases; and
            (3) augment the organization's resources for providing 
        competent legal representation in capital cases.
    (d) Formula.--A grant under subsection (a) shall not be more than 
the amount that results from calculating X percent of the sum 
appropriated to carry out section 6201 pursuant to subsections (k) and 
(l) of that section, and shall not be less than one-half that amount, 
where X equals the general population of the State in which the grantee 
will provide services divided by the aggregate general population of 
all States that authorize the death penalty.
    (e) Prohibition.--Grants made under this section may not be used to 
sponsor any political activities, except that--
            (1) a grantee may use grant funds to respond to requests 
        from a legislative entity regarding activities under the grant; 
        and
            (2) nothing in this section shall interfere with an 
        attorney's duty to represent a client consistent with 
        applicable ethical rules.
    (f) Considerations.--
            (1) In general.--In selecting which qualified capital 
        defender organization or organizations providing services in a 
        State shall be awarded a grant under this section, the Attorney 
        General shall consider whether an organization--
                    (A) has been found to have filed large numbers of 
                frivolous claims in State capital cases, with the 
                effect of unreasonably delaying or otherwise 
                interfering with the State's administration of its 
                capital sentencing scheme; or
                    (B) employs 1 or more attorneys who, during the 
                past 5 years--
                            (i) has been sanctioned by a bar 
                        association or court for ethical misconduct 
                        relating to the attorney's conduct as defense 
                        counsel in a felony case in Federal or State 
                        court;
                            (ii) has been found, after a final 
                        determination by a Federal or State court, to 
                        have rendered constitutionally ineffective 
                        assistance of counsel in a felony case in 
                        Federal or State court; or
                            (iii) has asserted under oath or in writing 
                        in relation to 3 or more felony cases in 
                        Federal or State court that he or she has 
                        rendered constitutionally ineffective 
                        assistance of counsel, regardless of whether a 
                        court has found the attorney to have rendered 
                        such ineffective assistance.
            (2) Nature of the act.--If a consideration in paragraph 
        (1)(B) pertains, the Attorney General shall further consider 
        the nature of the act or omission that led to the sanction, 
        finding, or assertion.
            (3) Notice.--If the Attorney General intends to deny a 
        grant to an organization based in whole or in part on a 
        consideration described in paragraph (1), the Attorney General 
        shall notify, in writing, both the organization and the House 
        and Senate Committees on the Judiciary, describing with 
        specificity the basis for such finding. No grant under this 
        section shall be denied until 30 days after such notification 
        is provided.
            (4) Consultation.--In carrying out this section, the 
        Attorney General shall consult with the Attorney General and 
        appropriate judicial officials and officials of the organized 
        bar of the State in which an organization provides services.

SEC. 6204. GRANTS TO TRAIN PROSECUTORS, DEFENSE COUNSEL, AND STATE AND 
              LOCAL JUDGES HANDLING STATE CAPITAL CASES.

    (a) Competent Counsel Grant Program.--The State Justice Institute 
Act of 1984 (42 U.S.C. 10701 et seq.) is amended by inserting after 
section 207 the following:

``SEC. 207A. GRANTS TO TRAIN DEFENSE COUNSEL.

    ``(a) Grants Authorized.--The Institute may make grants to States 
and units of local government to conduct training programs to improve 
the performance and competency of defense counsel representing 
defendants charged with capital offenses in State and local courts.
    ``(b) Eligibility.--Grants authorized by this section may only be 
made for the training of defense counsel in a State that has capital 
punishment.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for fiscal years 2003 through 2007 to carry 
out this section.

``SEC. 207B. GRANTS TO TRAIN STATE AND LOCAL JUDGES.

    ``(a) Grants Authorized.--The Institute may make grants to State 
and local courts to conduct programs to train trial judges in handling 
capital cases.
    ``(b) Eligibility.--Grants authorized by this section may only be 
made to a State or local court in a State that has capital punishment.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for fiscal years 2003 through 2007 to carry 
out this section.''.
    (b) Grants To Train Prosecutors.--
            (1) Grants authorized.--The Attorney General may make 
        grants to States and units of local government to conduct 
programs to train prosecutors in handling capital cases.
            (2) Eligibility.--Grants authorized by this subsection may 
        only be made to a State or unit of local government in a State 
        that has capital punishment.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated $15,000,000 for fiscal years 2003 through 
        2007 to carry out this subsection.

  Subtitle C--Right to Review of the Death Penalty upon the Grant of 
                               Certiorari

SEC. 6301. PROTECTING THE RIGHTS OF DEATH ROW INMATES TO REVIEW OF 
              CASES GRANTED CERTIORARI.

    Section 2101 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(h) Upon notice that the requisite number of justices of the 
Supreme Court have voted to grant certiorari, the Director of the 
Bureau of Prisons, the Secretary of a military branch, or any other 
Federal official with authority to carry out a death sentence, shall 
suspend the execution of the sentence of death until the Supreme Court 
enters a stay of execution or until certiorari is acted upon and the 
case is disposed of by the Supreme Court.
    ``(i) For purposes of this section, the Supreme Court shall treat a 
motion for a stay of execution as a petition for certiorari.
    ``(j) In an appeal from, or petition for certiorari in, a case in 
which the sentence is death, a stay of execution shall immediately 
issue if the requisite number of justices vote to grant certiorari. The 
stay shall remain in effect until the Supreme Court disposes of the 
case.''.

         Subtitle D--Compensation for the Wrongfully Convicted

SEC. 6401. INCREASED COMPENSATION IN FEDERAL CASES.

    Section 2513(e) of title 28, United States Code, is amended by 
striking ``$5,000'' and inserting ``$10,000 for each 12-month period of 
incarceration''.

SEC. 6402. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE DEATH 
              PENALTY CASES.

    It is the sense of Congress that States should provide reasonable 
compensation to any person found to have been unjustly convicted of an 
offense against the State and sentenced to death.

        Subtitle E--Student Loan Repayment for Public Attorneys

SEC. 6501. STUDENT LOAN REPAYMENT FOR PUBLIC ATTORNEYS.

    (a) In General.--The Higher Education Act of 1965 is amended by 
inserting after section 428K (20 U.S.C. 1078-11) the following:

``SEC. 428L. LOAN FORGIVENESS FOR PUBLIC ATTORNEYS.

    ``(a) Purpose.--The purpose of this section is to encourage 
qualified individuals to enter and continue employment as prosecutors 
and public defenders.
    ``(b) Definitions.--In this section:
            ``(1) Prosecutor.--The term `prosecutor' means a full-time 
        employee of a State or local agency who--
                    ``(A) is continually licensed to practice law; and
                    ``(B) prosecutes criminal cases at the State or 
                local level.
            ``(2) Public defender.--The term `public defender' means an 
        attorney who--
                    ``(A) is continually licensed to practice law; and
                    ``(B) is a full-time employee of a State or local 
                agency, or of a nonprofit organization operating under 
                a contract with a State or unit of local government, 
                which provides legal representation services to 
                indigent persons charged with criminal offenses.
            ``(3) Student loan.--The term `student loan' means--
                    ``(A) a loan made, insured, or guaranteed under 
                this part;
                    ``(B) a loan made under part D or E; and
                    ``(C) a health education assistance loan made or 
                ensured under part A of title VII of the Public Health 
                Service Act (42 U.S.C. 292 et seq.) or under part E of 
                title VIII of such Act (42 U.S.C. 297a et seq.).
    ``(c) Program Authorized.--For the purpose of encouraging qualified 
individuals to enter and continue employment as prosecutors and public 
defenders, the Secretary shall carry out a program, through the holder 
of a loan, of assuming the obligation to repay (by direct payments on 
behalf of a borrower) a qualified loan amount for a loan made under 
section 428 or 428H, in accordance with subsection (d), for any 
borrower who--
            ``(1) is employed as a prosecutor or public defender; and
            ``(2) is not in default on a loan for which the borrower 
        seeks forgiveness.
    ``(d) Terms of Agreement.--
            ``(1) In general.--To be eligible to receive repayment 
        benefits under this section, a borrower shall enter into a 
        written agreement that specifies that--
                    ``(A) the borrower will remain employed as a 
                prosecutor or public defender for a required period of 
                service specified in the agreement (but not less than 3 
                years), unless involuntarily separated from that 
                employment;
                    ``(B) if the borrower is involuntarily separated 
                from that employment on account of misconduct, or 
                voluntarily separates from that employment, before the 
                end of the period specified in the agreement, the 
                borrower will repay the Secretary the amount of any 
                benefits received by such employee under this section;
                    ``(C) if the borrower is required to repay an 
                amount to the Secretary under subparagraph (B) and 
                fails to repay the amount described in subparagraph 
                (B), a sum equal to the amount is recoverable by the 
                Government from the employee (or such employee's 
                estate, if applicable) by such method as is provided 
by law for the recovery of amounts owing to the Government;
                    ``(D) the Secretary may waive, in whole or in part, 
                a right of recovery under this subsection if it is 
                shown that recovery would be against equity and good 
                conscience or against the public interest; and
                    ``(E) the Secretary shall make student loan 
                payments under this section for the period of the 
                agreement, subject to the availability of 
                appropriations.
            ``(2) Repayments.--Any amount repaid by, or recovered from, 
        an individual (or an estate) under this subsection shall be 
        credited to the appropriation account from which the amount 
        involved was originally paid. Any amount so credited shall be 
        merged with other sums in such account and shall be available 
        for the same purposes and period, and subject to the same 
        limitations (if any), as the sums with which the amount was 
        merged.
            ``(3) Limitations.--
                    ``(A) Student loan payment amount.--Student loan 
                payments made by the Secretary under this section shall 
                be made subject to such terms, limitations, or 
                conditions as may be mutually agreed to by the borrower 
                concerned and the Secretary in the agreement described 
                in this subsection, except that the amount paid by the 
                Secretary under this section may not exceed--
                            ``(i) $6,000 for any borrower in any 
                        calendar year; or
                            ``(ii) a total of $40,000 in the case of 
                        any borrower.
                    ``(B) Beginning of payments.--Nothing in this 
                section shall be construed to authorize the Secretary 
                to pay any amount to reimburse a borrower for any 
                repayments made by such borrower prior to the date on 
                which the Secretary entered into an agreement with the 
                employee under this subsection.
    ``(e) Additional Agreements.--On completion of the required period 
of service under such an agreement, the borrower concerned and the 
Secretary may enter into an additional agreement described in 
subsection (d) for a successive period of service specified in the 
agreement (which may be less than 3 years).
    ``(f) Award Basis; Priority.--
            ``(1) Award basis.--The Secretary shall provide repayment 
        benefits under this section on a first-come, first-served basis 
        (subject to paragraph (2)) and subject to the availability of 
        appropriations.
            ``(2) Priority.--The Secretary shall give priority in 
        providing repayment benefits under this section for a fiscal 
        year to a borrower who--
                    ``(A) received repayment benefits under this 
                section for the preceding fiscal year; and
                    ``(B) has completed less than 3 years of the first 
                required period of service specified for the borrower 
                in an agreement entered into under subsection (d).
    ``(g) Regulations.--The Secretary is authorized to issue such 
regulations as may be necessary to carry out the provisions of this 
section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
for each fiscal year.''.
    (b) Cancellation of Loans.--
            (1) Amendment.--Section 465(a)(2)(F) of the Higher 
        Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(F)) is amended by 
        inserting ``, or as a public defender (as defined in section 
        428L)'' after ``agencies''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply to--
                    (A) eligible loans made before, on, or after the 
                date of enactment of this Act; and
                    (B) service as a public defender that is provided 
                on or after the date of enactment of this Act.
            (3) Construction.--Nothing in this subsection or the 
        amendment made by this subsection shall be construed to 
        authorize the Secretary to pay any amount to reimburse a 
        borrower for any repayments made by such borrower prior to the 
        date on which the borrower became eligible for cancellation 
        under section 465(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1087ee(a)).

           TITLE VII--STRENGTHENING THE FEDERAL CRIMINAL LAWS

            Subtitle A--Anti-Atrocity Alien Deportation Act

SEC. 7101. SHORT TITLE.

    This subtitle may be cited as the ``Anti-Atrocity Alien Deportation 
Act of 2003''.

SEC. 7102. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE 
              COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS 
              ABROAD.

    (a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
            (1) in clause (ii), by striking ``has engaged in conduct 
        that is defined as genocide for purposes of the International 
        Convention on the Prevention and Punishment of Genocide is 
        inadmissible'' and inserting ``ordered, incited, assisted, or 
        otherwise participated in conduct outside the United States 
        that would, if committed in the United States or by a United 
        States national, be genocide, as defined in section 1091(a) of 
        title 18, United States Code, is inadmissible'';
            (2) by adding at the end the following:
                            ``(iii) Commission of acts of torture or 
                        extrajudicial killings.--Any alien who, outside 
                        the United States, has committed, ordered, 
                        incited, assisted, or otherwise participated in 
                        the commission of--
                                    ``(I) any act of torture, as 
                                defined in section 2340 of title 18, 
                                United States Code; or
                                    ``(II) under color of law of any 
                                foreign nation, any extrajudicial 
                                killing, as defined in section 3(a) of 
                                the Torture Victim Protection Act of 
                                1991;
                        is inadmissible.''; and
            (3) in the subparagraph heading, by striking ``Participants 
        in nazi persecution or genocide'' and inserting ``Participants 
        in nazi persecution, genocide, or the commission of any act of 
        torture or extrajudicial killing''.
    (b) Deportability.--Section 237(a)(4)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(4)(D)) is amended--
            (1) by striking ``clause (i) or (ii)'' and inserting 
        ``clause (i), (ii), or (iii)''; and
            (2) in the subparagraph heading, by striking ``Assisted in 
        nazi persecution or engaged in genocide'' and inserting 
        ``Assisted in nazi persecution, participated in genocide, or 
        committed any act of torture or extrajudicial killing''.
    (c) Effective Date.--The amendments made by this section shall 
apply to offenses committed before, on, or after the date of the 
enactment of this Act.

SEC. 7103. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT 
              OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE 
              VIOLATIONS OF RELIGIOUS FREEDOM.

    (a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to 
read as follows:
                    ``(G) Foreign government officials who have 
                committed particularly severe violations of religious 
                freedom.--Any alien who, while serving as a foreign 
                government official, was responsible for or directly 
                carried out, at any time, particularly severe 
                violations of religious freedom, as defined in section 
                3 of the International Religious Freedom Act of 1998, 
                are inadmissible.''.
    (b) Ground of Deportability.--Section 237(a)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the 
end the following:
                    ``(E) Participated in the commission of severe 
                violations of religious freedom.--Any alien described 
                in section 212(a)(2)(G) is deportable.''.

SEC. 7104. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED 
              ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE 
              VIOLATIONS OF RELIGIOUS FREEDOM.

    Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended--
            (1) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(9) one who at any time has engaged in conduct described 
        in section 212(a)(3)(E) (relating to assistance in Nazi 
        persecution, participation in genocide, or commission of acts 
        of torture or extrajudicial killings) or 212(a)(2)(G) (relating 
        to severe violations of religious freedom).''.

SEC. 7105. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.

    (a) Amendment of the Immigration and Nationality Act.--Section 103 
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by 
adding at the end the following:
    ``(h) Office of Special Investigators.--
            ``(1) Establishment.--The Attorney General shall establish 
        within the Criminal Division of the Department of Justice an 
        Office of Special Investigations with the authority to detect 
        and investigate, and, where appropriate, to take legal action 
        to denaturalize any alien described in section 212(a)(3)(E).
            ``(2) Delegation of authority.--The Attorney General may 
        delegate to any office or other component within the Department 
        of Justice, all or part of the responsibility for 
        determinations of inadmissibility of aliens described in 
        section 212(a)(3)(E), determinations of deportability under 
        section 237(a)(4)(D), or the removal, prosecution, or 
        extradition of such aliens.
            ``(3) Factors to determine appropriate legal action.--In 
        determining the appropriate legal action to take against an 
        alien described in section 212(a)(3)(E), consideration shall be 
        given to--
                    ``(A) the availability of prosecution under the 
                laws of the United States for any conduct that may form 
                the basis for removal and denaturalization; or
                    ``(B) the removal of the alien to a foreign 
                jurisdiction that is prepared to undertake a 
                prosecution for such conduct.''.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of Justice such sums as may be necessary to 
        carry out the additional duties established under section 
        103(h) of the Immigration and Nationality Act (as added by this 
        Act) in order to ensure that the Office of Special 
        Investigations fulfills its continuing obligations regarding 
        Nazi war criminals.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) shall remain available until expended.

SEC. 7106. REPORT ON IMPLEMENTATION.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General, in consultation with the Commissioner of 
Immigration and Naturalization, shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report on 
implementation of this subtitle that includes a description of--
            (1) the procedures used to refer matters to the Office of 
        Special Investigations and other components within the 
        Department of Justice in a manner consistent with the 
amendments made by this subtitle;
            (2) the revisions, if any, made to immigration forms to 
        reflect changes in the Immigration and Nationality Act made by 
        the amendments contained in this subtitle; and
            (3) the procedures developed, with adequate due process 
        protection, to obtain sufficient evidence to determine whether 
        an alien may be inadmissible under the terms of the amendments 
        made by this subtitle.

                   Subtitle B--Deterring Cargo Theft

SEC. 7201. PUNISHMENT OF CARGO THEFT.

    (a) In General.--Section 659 of title 18, United States Code, is 
amended--
            (1) by striking ``with intent to convert to his own use'' 
        each place that term appears;
            (2) in the first undesignated paragraph--
                    (A) by inserting ``trailer,'' after 
                ``motortruck,'';
                    (B) by inserting ``air cargo container,'' after 
                ``aircraft,''; and
                    (C) by inserting ``, or from any intermodal 
                container, trailer, container freight station, 
                warehouse, or freight consolidation facility,'' after 
                ``air navigation facility'';
            (3) in the fifth undesignated paragraph, by striking ``one 
        year'' and inserting ``3 years'';
            (4) in the penultimate undesignated paragraph, by inserting 
        after the first sentence the following: ``For purposes of this 
        section, goods and chattel shall be construed to be moving as 
        an interstate or foreign shipment at all points between the 
        point of origin and the final destination (as evidenced by the 
        waybill or other shipping document of the shipment), regardless 
        of any temporary stop while awaiting transshipment or 
        otherwise.''; and
            (5) by adding at the end the following:
    ``It shall be an affirmative defense (on which the defendant bears 
the burden of persuasion by a preponderance of the evidence) to an 
offense under this section that the defendant bought, received, or 
possessed the goods, chattels, money, or baggage at issue with the sole 
intent to report the matter to an appropriate law enforcement officer 
or to the owner of the goods, chattels, money, or baggage.''.
    (b) Federal Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review the Federal sentencing guidelines under section 659 of 
title 18, United States Code, as amended by this section and, upon 
completion of the review, promulgate amendments to the Federal 
Sentencing Guidelines to provide appropriate enhancement of the 
applicable guidelines.

SEC. 7202. REPORTS TO CONGRESS ON CARGO THEFT.

    The Attorney General shall annually submit to Congress a report, 
which shall include an evaluation of law enforcement activities 
relating to the investigation and prosecution of offenses under section 
659 of title 18, United States Code, as amended by this subtitle.

SEC. 7203. ESTABLISHMENT OF ADVISORY COMMITTEE ON CARGO THEFT.

    (a) Establishment.--
            (1) In general.--There is established a Committee to be 
        known as the Advisory Committee on Cargo Theft (in this section 
        referred to as the ``Committee'').
            (2) Membership.--
                    (A) Composition.--The Committee shall be composed 
                of 6 members, who shall be appointed by the President, 
                of whom--
                            (i) 1 shall be an officer or employee of 
                        the Department of Justice;
                            (ii) 1 shall be an officer or employee of 
                        the Department of Transportation;
                            (iii) 1 shall be an officer or employee of 
                        the Department of the Treasury; and
                            (iv) 3 shall be individuals from the 
                        private sector who are experts in cargo 
                        security.
                    (B) Date.--The appointments of the initial members 
                of the Committee shall be made not later than 30 days 
                after the date of enactment of this Act.
            (3) Period of appointment; vacancies.--Each member of the 
        Committee shall be appointed for the life of the Committee. Any 
        vacancy in the Committee shall not affect its powers, but shall 
        be filled in the same manner as the original appointment.
            (4) Initial meeting.--Not later than 15 days after the date 
        on which all initial members of the Committee have been 
        appointed, the Committee shall hold its first meeting.
            (5) Meetings.--The Committee shall meet, not less 
        frequently than quarterly, at the call of the Chairperson.
            (6) Quorum.--A majority of the members of the Committee 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson.--The President shall select 1 member of 
        the Committee to serve as the Chairperson of the Committee.
    (b) Duties.--
            (1) Study.--The Committee shall conduct a thorough study 
        of, and develop recommendations with respect to, all matters 
        relating to--
                    (A) the establishment of a national computer 
                database for the collection and dissemination of 
                information relating to violations of section 659 of 
                title 18, United States Code (as amended by section 
                7201(a)); and
                    (B) the establishment of an office within the 
                Federal Government to promote cargo security and to 
                increase coordination between the Federal Government 
                and the private sector with respect to cargo security.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Committee shall submit to the 
        President and to Congress a report, which shall contain a 
        detailed statement of results of the study and the 
recommendations of the Committee under paragraph (1).
    (c) Powers.--
            (1) Hearings.--The Committee may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Committee considers advisable to 
        carry out the purposes of this section.
            (2) Information from federal agencies.--The Committee may 
        secure directly from any Federal department or agency such 
        information as the Committee considers necessary to carry out 
        the provisions of this section. Upon request of the Chairperson 
        of the Committee, the head of such department or agency shall 
        furnish such information to the Committee.
            (3) Postal services.--The Committee may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Committee may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal members.--Each member of the 
                Committee who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which such member is 
                engaged in the performance of the duties of the 
                Committee.
                    (B) Federal members.--Each member of the Committee 
                who is an officer or employee of the United States 
                shall serve without compensation in addition to that 
                received for their service as an officer or employee of 
                the United States.
            (2) Travel expenses.--The members of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Committee.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Committee 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Committee to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Committee.
                    (B) Compensation.--The Chairperson of the Committee 
                may fix the compensation of the executive director and 
                other personnel without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of title 5, 
                United States Code, relating to classification of 
                positions and General Schedule pay rates, except that 
                the rate of pay for the executive director and other 
                personnel may not exceed the rate payable for level V 
                of the Executive Schedule under section 5316 of such 
                title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Committee without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Committee may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (e) Termination.--The Committee shall terminate 90 days after the 
date on which the Committee submits the report under subsection (b)(2).
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to the Committee to carry out the 
        purposes of this section.
            (2) Availability.--Any sums appropriated under the 
        authorization contained in this section shall remain available, 
        without fiscal year limitation, until expended.

SEC. 7204. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING OFFENSES TO 
              ELIMINATE GAPS AND INCONSISTENCIES IN COVERAGE.

    (a) In General.--
            (1) Embezzlement against estate.--Section 153(a) of title 
        18, United States Code, is amended by inserting ``, or attempts 
        so to appropriate, embezzle, spend, or transfer,'' before ``any 
        property''.
            (2) Public money.--Section 641 of title 18, United States 
        Code, is amended by striking ``or'' at the end of the first 
        paragraph and by inserting after such paragraph the following:
``Whoever attempts to commit an offense described in the preceding 
paragraph; or''.
            (3) Theft by bank examiner.--Section 655 of title 18, 
        United States Code, is amended by inserting ``or attempts to 
        steal or so take,'' after ``unlawfully takes,''.
            (4) Theft, embezzlement, or misapplication by bank officer 
        or employee.--Sections 656 and 657 of title 18, United States 
        Code, are each amended--
                    (A) by inserting ``, or attempts to embezzle, 
                abstract, purloin, or willfully misapply,'' after 
                ``willfully misapplies''; and
                    (B) by inserting ``or attempted to be embezzled, 
                abstracted, purloined, or misapplied'' after 
                ``misapplied''.
            (5) Property mortgaged or pledged to farm credit 
        agencies.--Section 658 of title 18,  United States Code, is 
amended by inserting ``or attempts so to remove, dispose of, or 
convert,'' before ``any property''.
            (6) Interstate or foreign shipments.--Section 659 of title 
        18, United States Code, is amended--
                    (A) in the first and third paragraphs, by inserting 
                ``or attempts to embezzle, steal, or so take or carry 
                away,'' after ``carries away,''; and
                    (B) in the fourth paragraph by inserting ``or 
                attempts to embezzle, steal, or so take,'' before 
                ``from any railroad car''.
            (7) Within special maritime and territorial jurisdiction.--
        Section 661 of title 18, United States Code, is amended--
                    (A) by inserting ``or attempts so to take and carry 
                away,'' before ``any personal property''; and
                    (B) by inserting ``or attempted to be taken'' after 
                ``taken'' each place it appears.
            (8) Theft or embezzlement from employee benefit plans.--
        Section 664 of title 18, United States Code, is amended by 
        inserting ``or attempts to embezzle, steal, or so abstract or 
        convert,'' before ``any of the moneys''.
            (9) Theft or embezzlement from employment and training 
        funds.--Section 665(a) of title 18, United States Code, is 
        amended--
                    (A) by inserting ``, or attempts to embezzle, so 
                misapply, steal, or obtain by fraud,'' before ``any of 
                the moneys''; and
                    (B) by inserting ``or attempted to be embezzled, 
                misapplied, stolen, or obtained by fraud'' after 
                ``obtained by fraud''.
            (10) Theft or bribery concerning programs receiving federal 
        funds.--Section 666(a)(1)(A) of title 18, United States Code, 
        is amended by inserting ``or attempts to embezzle, steal, 
        obtain by fraud, or so convert or misapply,'' before 
        ``property''.
            (11) False pretenses on high seas.--Section 1025 of title 
        18, United States Code, is amended--
                    (A) by inserting ``or attempts to obtain'' after 
                ``obtains''; and
                    (B) by inserting ``or attempted to be obtained'' 
                after ``obtained''.
            (12) Embezzlement and theft from indian tribal 
        organizations.--Section 1163 of title 18, United States Code, 
        is amended by inserting ``attempts so to embezzle, steal, 
        convert, or misapply,'' after ``willfully misapplies,''.
            (13) Theft from group establishments on indian lands.--
        Section 1167 (a) and (b) of title 18, United States Code, are 
        each amended by inserting ``or attempts so to abstract, 
        purloin, misapply, or take and carry away,'' before ``any 
        money''.
            (14) Theft by officers and employees of gaming 
        establishments on indian lands.--Section 1168 (a) and (b) of 
        title 18, United States Code, are each amended by inserting 
        ``or attempts so to embezzle, abstract, purloin, misapply, or 
        take and carry away,'' before ``any moneys,''.
            (15) Theft of property used by the postal service.--Section 
        1707 of title 18, United States Code, is amended by inserting 
        ``, or attempts to steal, purloin, or embezzle,'' before ``any 
        property'' and by inserting ``or attempts to appropriate'' 
        after ``appropriates''.
            (16) Theft in receipt of stolen mail matter.--Section 1708 
        of title 18, United States Code, is amended in the second 
        paragraph by inserting ``or attempts to steal, take, or 
        abstract,'' after ``abstracts,'' and by inserting ``, or 
        attempts so to obtain,'' after ``obtains''.
            (17) Theft of mail matter by officer or employee.--Section 
        1709 of title 18, United States Code, is amended--
                    (A) by inserting ``or attempts to embezzle'' after 
                ``embezzles''; and
                    (B) by inserting ``, or attempts to steal, 
                abstract, or remove,'' after ``removes''.
            (18) Misappropriation of postal funds.--Section 1711 of 
        title 18, United States Code, is amended by inserting ``or 
        attempts to loan, use, pledge, hypothecate, or convert to his 
        own use,'' after ``use''.
            (19) Bank robbery and incidental crimes.--Section 2113(b) 
        of title 18, United States Code, is amended by inserting ``or 
        attempts so to take and carry away,'' before ``any property'' 
        each place it appears.
    (b) Securities Crimes.--
            (1) Possession of tools.--Section 477 of title 18, United 
        States Code, is amended by inserting ``, or attempts so to 
        sell, give, or deliver,'' before ``any such imprint''.
            (2) Uttering counterfeit foreign obligations or 
        securities.--Section 479 of title 18, United States Code, is 
        amended by inserting ``or attempts to utter or pass,'' after 
        ``passes,''.
            (3) Minor coins.--Section 490 of title 18, United States 
        Code, is amended by inserting ``attempts to pass, utter, or 
        sell,'' before ``or possesses''.
            (4) Securities of states and private entities.--Section 
        513(a) of title 18, United States Code, is amended by inserting 
        ``or attempts to utter,'' after ``utters''.

SEC. 7205. CLARIFICATION OF SCIENTER REQUIREMENT FOR RECEIVING PROPERTY 
              STOLEN FROM AN INDIAN TRIBAL ORGANIZATION.

    Section 1163 of title 18, United States Code, is amended in the 
second paragraph by striking ``so''.

SEC. 7206. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL STAMP VENDING 
              MACHINES.

    Section 2115 of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``any building'';
            (2) by inserting ``or any post office box or postal stamp 
        vending machine for the sale of stamps owned by the Postal 
        Service,'' after ``used in whole or in part as a post 
        office,''; and
            (3) by inserting ``or in such box or machine,'' after ``so 
        used''.

SEC. 7207. EXPANSION OF FEDERAL THEFT OFFENSES TO COVER THEFT OF 
              VESSELS.

    (a) Vessel Defined.--Section 2311 of title 18, United States Code, 
is amended by adding at the end the following:
    ```Vessel' means any watercraft or other contrivance used or 
designed for transportation or navigation on, under, or immediately 
above, water.''.
    (b) Transportation of Stolen Vehicles; Sale or Receipt of Stolen 
Vehicles.--Sections 2312 and 2313 of title 18, United States Code, are 
each amended by striking ``motor vehicle or aircraft'' and inserting 
``motor vehicle, vessel, or aircraft''.

  Subtitle C--Additional Improvements and Corrections to the Federal 
                             Criminal Laws

SEC. 7301. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.

    (a) Enhanced Penalty for Archaeological Resources.--Section 6(d) of 
the Archaeological Resources Protection Act of 1979 (16 U.S.C. 
470ee(d)) is amended by striking ``not more than 10,000'' and all that 
follows through the end of the subsection and inserting ``in accordance 
with title 18, United States Code, or imprisoned not more than ten 
years or both; but if the sum of the commercial and archaeological 
value of the archaeological resources involved and the cost of 
restoration and repair of such resources does not exceed $500, such 
person shall be fined in accordance with title 18, United States Code, 
or imprisoned not more than one year, or both.''.
    (b) Enhanced Penalty for Embezzlement and Theft From Indian Tribal 
Organizations.--Section 1163 of title 18, United States Code, is 
amended by striking ``five years'' and inserting ``10 years''.
    (c) Enhanced Penalty for Illegal Trafficking in Native American 
Human Remains and Cultural Items.--Section 1170 of title 18, United 
States Code, is amended--
            (1) in subsection (a), by striking ``or imprisoned not more 
        than 12 months, or both, and in the case of second or 
        subsequent violation, be fined in accordance with this title, 
        or imprisoned not more than 5 years'' and inserting 
        ``imprisoned not more than 10 years''; and
            (2) in subsection (b), by striking ``imprisoned not more 
        than one year'' and all that follows through the end of the 
        subsection and inserting ``imprisoned not more than 10 years, 
        or both; but if the sum of the commercial and archaeological 
        value of the cultural items involved and the cost of 
        restoration and repair of such items does not exceed $500, such 
        person shall be fined in accordance with this title, imprisoned 
        not more than 1 year, or both.''.

SEC. 7302. ENHANCED ENFORCEMENT OF LAWS AFFECTING RACKETEER-INFLUENCED 
              AND CORRUPT ORGANIZATIONS.

    Section 1964 of title 18, United States Code, is amended--
            (1) in subsection (b), by inserting after ``The Attorney 
        General'' the following: ``, the Attorney General of any State, 
        or the Securities and Exchange Commission''; and
            (2) in subsection (d), by inserting before the period the 
        following: ``or any State''.

SEC. 7303. INCREASED MAXIMUM CORPORATE PENALTY FOR ANTITRUST 
              VIOLATIONS.

    (a) Restraint of Trade Among the States.--Section 1 of the Sherman 
Act (15 U.S.C. 1) is amended by striking ``$10,000,000'' and inserting 
``$100,000,000''.
    (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2) 
is amended by striking ``$10,000,000'' and inserting ``$100,000,000''.
    (c) Other Restraints.--Section 3(a) of the Sherman Act (15 U.S.C. 
3(a)) is amended by striking ``$10,000,000'' and inserting 
``$100,000,000''.

SEC. 7304. TECHNICAL CORRECTION TO ENSURE COMPLIANCE OF SENTENCING 
              GUIDELINES WITH PROVISIONS OF ALL FEDERAL STATUTES.

    Section 994(a) of title 28, United States Code, is amended by 
striking ``consistent with all pertinent provisions of this title and 
title 18, United States Code,'' and inserting ``consistent with all 
pertinent provisions of any Federal statute''.

SEC. 7305. INCLUSION OF ASSAULT CRIMES AND UNLICENSED MONEY 
              TRANSMITTING BUSINESSES AS RACKETEERING ACTIVITY.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``assault with a 
        dangerous weapon, assault resulting in serious bodily injury,'' 
        after ``extortion,''; and
            (2) in subparagraph (B), by inserting ``section 1960 
        (relating to unlicensed money transmitting businesses),'' after 
        ``murder-for-hire),''.

SEC. 7306. INCLUSION OF UNLICENSED MONEY TRANSMITTING BUSINESSES AND 
              STRUCTURING CURRENCY TRANSACTIONS TO EVADE REPORTING 
              REQUIREMENT AS WIRETAP PREDICATES.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c), by inserting ``section 1960 (relating 
        to unlicensed money transmitting businesses),'' after 
        ``specified unlawful activity),''; and
            (2) in paragraph (g), by inserting ``or 5324'' after 
        ``section 5322''.
                                 <all>
```