II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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

4 ‘‘Justice Enhancement and Domestic Security Act of 

5 2003’’. 

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

7 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. 
2

•S 22 IS 

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. 
3

•S 22 IS 

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. 
4

•S 22 IS 

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. 
5

•S 22 IS 

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 
6

•S 22 IS 

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
7

•S 22 IS 

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. 
8

•S 22 IS 

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
9

•S 22 IS 

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 
10

•S 22 IS 

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.
11

•S 22 IS 

1 TITLE I—COMBATTING 

2 TERRORISM AND ENHANCING 

3 DOMESTIC SECURITY 

4 Subtitle A—Supporting First 

5 Responders 

6 SEC. 1101. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘First Responders 

8 Partnership Grant Act of 2003’’.

9 SEC. 1102. PURPOSE. 

10 The purpose of this subtitle is to support first re11 sponders to protect homeland security and prevent and re12 spond to acts of terrorism. 

13 SEC. 1103. FIRST RESPONDERS PARTNERSHIP GRANT PRO14 GRAM FOR PUBLIC SAFETY OFFICERS. 

15 (a) IN GENERAL.—The Director of the Bureau of 

16 Justice Assistance is authorized to make grants to States, 

17 units of local government, and Indian tribes to support 

18 public safety officers in their efforts to protect homeland 

19 security and prevent and respond to acts of terrorism. 

20 (b) USES OF FUNDS.—Grants awarded under this 

21 section shall be—

22 (1) distributed directly to the State, unit of 

23 local government, or Indian tribe; and 

24 (2) used to fund equipment, training and facili25 ties to support public safety officers in their efforts 
12

•S 22 IS 

1 to protect homeland security and prevent and re2 spond to acts of terrorism. 

3 (c) MINIMUM AMOUNT.—Unless all eligible applica4 tions submitted by any State or unit of local government 

5 within such State for a grant under this section have been 

6 funded, such State, together with grantees within the 

7 State (other than Indian tribes), shall be allocated in each 

8 fiscal year under this section not less than 0.75 percent 

9 of the total amount appropriated in the fiscal year for 

10 grants pursuant to this section, except that the United 

11 States Virgin Islands, American Samoa, Guam, and the 

12 Northern Mariana Islands shall each be allocated 0.25 

13 percent. 

14 (d) MAXIMUM AMOUNT.—A qualifying State, unit of 

15 local government, or Indian tribe may not receive more 

16 than 5 percent of the total amount appropriated in each 

17 fiscal year for grants under this section, except that a 

18 State, together with the grantees within the State may not 

19 receive more than 20 percent of the total amount appro20 priated in each fiscal year for grants under this section. 

21 (e) MATCHING FUNDS.—The portion of the costs of 

22 a program provided by a grant under subsection (a) may 

23 not exceed 90 percent. Any funds appropriated by Con24 gress for the activities of any agency of an Indian tribal 

25 government or the Bureau of Indian Affairs performing 
13

•S 22 IS 

1 law enforcement functions on any Indian lands may be 

2 used to provide the non-Federal share of a matching re3 quirement funded under this subsection. 

4 SEC. 1104. APPLICATIONS. 

5 (a) IN GENERAL.—To request a grant under this 

6 subtitle, the chief executive of a State, unit of local govern7 ment, or Indian tribe shall submit an application to the 

8 Director of the Bureau of Justice Assistance in such form 

9 and containing such information as the Director may rea10 sonably require. 

11 (b) REGULATIONS.—Not later than 90 days after the 

12 date of the enactment of this subtitle, the Director of the 

13 Bureau of Justice Assistance shall promulgate regulations 

14 to implement this section (including the information that 

15 must be included and the requirements that the States, 

16 units of local government, and Indian tribes must meet) 

17 in submitting the applications required under this section. 

18 SEC. 1105. DEFINITIONS. 

19 For purposes of this subtitle—

20 (1) the term ‘‘public safety officer’’ means any 

21 person serving a public agency with or without com22 pensation as a law enforcement officer, as a fire23 fighter, or as a member of a rescue squad or ambu24 lance crew; 
14

•S 22 IS 

1 (2) the term ‘‘State’’ means each of the 50 

2 States, the District of Columbia, the Commonwealth 

3 of Puerto Rico, the United States Virgin Islands, 

4 American Samoa, Guam, and the Northern Mariana 

5 Islands; 

6 (3) the term ‘‘unit of local government’’ means 

7 a county, municipality, town, township, village, par8 ish, borough, or other unit of general government 

9 below the State level; 

10 (4) the term ‘‘Indian tribe’’ has the same mean11 ing as in section 4(e) of the Indian Self-Determina12 tion and Education Assistance Act (25 U.S.C. 

13 450b(e)); and 

14 (5) the term ‘‘law enforcement officer’’ means 

15 any officer, agent, or employee of a State, unit of 

16 local government, or Indian tribe authorized by law 

17 or by a government agency to engage in or supervise 

18 the prevention, detection, or investigation of any vio19 lation of criminal law, or authorized by law to super20 vise sentenced criminal offenders. 

21 SEC. 1106. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this subtitle 

24 $4,000,000,000 for each of fiscal years 2003 through 

25 2005. 
15

•S 22 IS 

1 Subtitle B—Border Security 

2 SEC. 1201. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Safe Borders Act 

4 of 2003’’. 

5 SEC. 1202. AUTHORIZATION OF APPROPRIATIONS FOR HIR6 ING ADDITIONAL INS PERSONNEL. 

7 (a) INS INSPECTORS.—Subject to the availability of 

8 appropriations, during each of the fiscal years 2004 

9 through 2007, the Attorney General shall increase the 

10 number of inspectors and associated support staff in the 

11 Immigration and Naturalization Service by the equivalent 

12 of at least 250 full-time employees over the number of in13 spectors and associated support staff in the Immigration 

14 and Naturalization Service authorized by the Uniting and 

15 Strengthening America by Providing Appropriate Tools 

16 Required to Intercept and Obstruct Terrorism (USA PA17 TRIOT ACT) Act of 2001 (Public Law 107–56) and the 

18 Enhanced Border Security and Visa Entry Reform Act of 

19 2002 (Public Law 107–173). 

20 (b) INS INVESTIGATIVE PERSONNEL.—Subject to 

21 the availability of appropriations, during each of the fiscal 

22 years 2004 through 2007, the Attorney General shall in23 crease the number of investigative and associated support 

24 staff of the Immigration and Naturalization Service by the 

25 equivalent of at least 250 full-time employees over the 
16

•S 22 IS 

1 number of investigators and associated support staff in 

2 the Immigration and Naturalization Service authorized by 

3 the Uniting and Strengthening America by Providing Ap4 propriate Tools Required to Intercept and Obstruct Ter5 rorism (USA PATRIOT ACT) Act of 2001 (Public Law 

6 107–56) and the Enhanced Border Security and Visa 

7 Entry Reform Act of 2002 (Public Law 107–173). 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be

10 necessary to carry out this section, including such sums 

11 as may be necessary to provide facilities, attorney per12 sonnel and support staff, and other resources needed to 

13 support the increased number of inspectors, investigative 

14 staff, and associated support staff. 

15 SEC. 1203. AUTHORIZATION OF APPROPRIATIONS FOR IM16 PROVEMENTS IN TECHNOLOGY FOR IMPROV17 ING BORDER SECURITY. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—In addi19 tion to funds otherwise available for such purpose, there 

20 are authorized to be appropriated $250,000,000 to the 

21 Immigration and Naturalization Service for purposes of—

22 (1) making improvements in technology (includ23 ing infrastructure support, computer security, and 

24 information technology development) for improving 

25 border security; 
17

•S 22 IS 

1 (2) expanding, utilizing, and improving tech2 nology to improve border security; and 

3 (3) facilitating the flow of commerce and per4 sons at ports of entry, including improving and ex5 panding programs for preenrollment and 

6 preclearance. 

7 (b) WAIVER OF FEES.—Federal agencies involved in 

8 border security may waive all or part of enrollment fees 

9 for technology-based programs to encourage participation 

10 by United States citizens and aliens in such programs. 

11 Any agency that waives any part of any such fee may es12 tablish its fees for other services at a level that will ensure 

13 the recovery from other users of the amounts waived. 

14 (c) OFFSET OF INCREASES IN FEES.—The Attorney 

15 General may, to the extent reasonable, increase land bor16 der fees for the issuance of arrival-departure documents 

17 to offset technology costs. 

18 SEC. 1204. REPORT ON BORDER SECURITY IMPROVEMENTS. 

19 The Attorney General shall submit a report to the 

20 Committees on the Judiciary of the Senate and House of 

21 Representatives within 60 days of enactment of this Act, 

22 detailing all steps the Department of Justice has taken 

23 to implement the increases in border security personnel 

24 and improvements in border security technology and 

25 equipment authorized in section 402 of the Uniting and 
18

•S 22 IS 

1 Strengthening America by Providing Appropriate Tools 

2 Required to Intercept and Obstruct Terrorism (USA PA3 TRIOT ACT) Act of 2001 (Public Law 107–56) and sec4 tions 101 and 102 of the Enhanced Border Security and 

5 Visa Entry Reform Act of 2002 (Public Law 107–173). 

6 The report shall also include the Attorney General’s anal7 ysis of what additional personnel and other resources, if 

8 any, are needed to improve the security of our borders, 

9 particularly the United States-Canada border. 

10 Subtitle C—Military Tribunals 

11 Authorization 

12 SEC. 1301. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Military Tribunal 

14 Authorization Act of 2003’’. 

15 SEC. 1302. FINDINGS. 

16 Congress makes the following findings: 

17 (1) The al Qaeda terrorist organization and its 

18 leaders have committed unlawful attacks against the 

19 United States, including the August 7, 1998 bomb20 ings of the United States embassies in Nairobi, 

21 Kenya, and Dar es Salaam, Tanzania, the October 

22 12, 2000 attack on the USS COLE and the Sep23 tember 11, 2001 attacks on the United States. 

24 (2) The al Qaeda terrorist organization and its 

25 leaders have threatened renewed attacks on the 
19

•S 22 IS 

1 United States and have threatened the use of weap2 ons of mass destruction. 

3 (3) In violation of the resolutions of the United 

4 Nations, the Taliban of Afghanistan provided a safe 

5 haven to the al Qaeda terrorist organization and its 

6 leaders and allowed the territory of that country to 

7 be used as a base from which to sponsor inter8 national terrorist operations. 

9 (4) The United Nations Security Council, in 

10 Resolution 1267, declared in 1999 that the actions 

11 of the Taliban constitute a threat to international 

12 peace and security. 

13 (5) The United Nations Security Council, in 

14 Resolutions 1368 and 1373, declared in September 

15 2001 that the September 11 attacks against the 

16 United States constitute a threat to international 

17 peace and security. 

18 (6) The United States is justified in exercising 

19 its right of self-defense pursuant to international law 

20 and the United Nations Charter. 

21 (7) Congress authorized the President on Sep22 tember 18, 2001, to use all necessary and appro23 priate force against those nations, organizations, or 

24 persons that he determines to have planned, author25 ized, committed, or aided the September 11 terrorist 
20

•S 22 IS 

1 attacks or harbored such organizations or persons, 

2 in order to prevent any future acts of international 

3 terrorism against the United States, within the 

4 meaning of section 5(b) of the War Powers Resolu5 tion. 

6 (8) The United States and its allies are en7 gaged in armed conflict with al Qaeda and the 

8 Taliban. 

9 (9) Military trials of the terrorists may be ap10 propriate to protect the safety of the public and 

11 those involved in the investigation and prosecution, 

12 to facilitate the use of classified information as evi13 dence without compromising intelligence or military 

14 efforts, and otherwise to protect national security in15 terests. 

16 (10) Military trials that provide basic proce17 dural guarantees of fairness, consistent with the 

18 international law of armed conflict and the Inter19 national Covenant on Civil and Political Rights 

20 (opened for signature December 16, 1966), would 

21 garner the support of the community of nations. 

22 (11) Article I, section 8, of the Constitution 

23 provides that the Congress, not the President, has 

24 the power to ‘‘constitute Tribunals inferior to the 

25 Supreme Court; . . . define and punish . . . Offenses 
21

•S 22 IS 

1 against the Law of Nations; . . . make Rules con2 cerning Captures on Land and Water; . . . make all 

3 Laws which shall be necessary and proper for car4 rying into Execution the foregoing Powers and all 

5 other Powers vested by this Constitution in the Gov6 ernment of the United States, or in any Department 

7 or Officer thereof.’’.

8 (12) Congressional authorization is necessary 

9 for the establishment of extraordinary tribunals to 

10 adjudicate and punish offenses arising from the Sep11 tember 11, 2001 attacks against the United States 

12 and to provide a clear and unambiguous legal foun13 dation for such trials. 

14 SEC. 1303. ESTABLISHMENT OF EXTRAORDINARY TRIBU15 NALS. 

16 (a) AUTHORITY.—The President is hereby authorized 

17 to establish tribunals for the trial of individuals who—

18 (1) are not United States persons;

19 (2) are members of al Qaeda or members of 

20 other terrorist organizations knowingly cooperating 

21 with members of al Qaeda in planning, authorizing, 

22 committing, or aiding in the September 11, 2001 at23 tacks against the United States, or, although not 

24 members of any such organization, knowingly aided 
22

•S 22 IS 

1 and abetted members of al Qaeda in such terrorist 

2 activities against the United States; 

3 (3) are apprehended in Afghanistan, fleeing 

4 from Afghanistan, or in or fleeing from any other 

5 place outside the United States where there is armed 

6 conflict involving the Armed Forces of the United 

7 States; and 

8 (4) are not prisoners of war within the meaning 

9 of the Geneva Convention Relative to the Treatment 

10 of Prisoners of War, done on August 12, 1949, or 

11 any protocol relating thereto. 

12 (b) JURISDICTION.—Tribunals established under 

13 subsection (a) may adjudicate violations of the law of war, 

14 international laws of armed conflict, and crimes against 

15 humanity targeted against United States persons. 

16 (c) AUTHORITY TO ESTABLISH PROCEDURAL

17 RULES.—The Secretary of Defense, in consultation with 

18 the Secretary of State and the Attorney General, shall pre19 scribe and publish in the Federal Register, and report to 

20 the Committees on the Judiciary of the Senate and the 

21 House of Representatives, the rules of evidence and proce22 dure that are to apply to tribunals established under sub23 section (a). 
23

•S 22 IS 

1 SEC. 1304. PROCEDURAL REQUIREMENTS. 

2 (a) IN GENERAL.—The rules prescribed for a tri3 bunal under section 1303(c) shall be designed to ensure 

4 a full and fair hearing of the charges against the accused. 

5 The rules shall require the following: 

6 (1) That the tribunal be independent and im7 partial. 

8 (2) That the accused be notified of the particu9 lars of the offense charged or alleged without delay. 

10 (3) That the proceedings be made simulta11 neously intelligible for participants not conversant in 

12 the English language by including translation or in13 terpretation. 

14 (4) That the evidence supporting each alleged 

15 offense be given to the accused. 

16 (5) That the accused have the opportunity to be 

17 present at trial. 

18 (6) That the accused have a right to be rep19 resented by counsel. 

20 (7) That the accused have the opportunity—

21 (A) to respond to the evidence supporting 

22 each alleged offense; 

23 (B) to obtain exculpatory evidence from 

24 the prosecution; and 

25 (C) to present exculpatory evidence. 
24

•S 22 IS 

1 (8) That the accused have the opportunity to 

2 confront and cross-examine adverse witnesses and to 

3 offer witnesses. 

4 (9) That the proceeding and disposition be ex5 peditious. 

6 (10) That the tribunal apply reasonable rules of 

7 evidence designed to ensure admission only of reli8 able information or material with probative value. 

9 (11) That the accused be afforded all necessary 

10 means of defense before and after the trial. 

11 (12) That conviction of an alleged offense be 

12 based only upon proof of individual responsibility for 

13 the offense. 

14 (13) That conviction of an alleged offense not 

15 be based upon an act, offense, or omission that was 

16 not an offense under law when it was committed. 

17 (14) That the penalty for an offense not be 

18 greater than it was when the offense was committed. 

19 (15) That the accused—

20 (A) be presumed innocent until proven 

21 guilty, and 

22 (B) not be found guilty except upon proof 

23 beyond a reasonable doubt. 

24 (16) That the accused not be compelled to con25 fess guilt or testify against himself. 
25

•S 22 IS 

1 (17) That, subject to subsections (c) and (d), 

2 the trial be open and public and include public avail3 ability of the transcripts of the trial and the pro4 nouncement of judgment. 

5 (18) That a convicted person be informed of 

6 remedies and appeals and the time limits for the ex7 ercise of the person’s rights to the remedies and ap8 peals under the rules. 

9 (b) IMPOSITION OF THE DEATH PENALTY.—The re10 quirements of the Uniform Code of Military Justice for 

11 the imposition of the death penalty shall apply in any case 

12 in which a tribunal established under section 1303 is re13 quested to adjudge the death penalty. 

14 (c) PUBLIC PROCEEDINGS.—Any proceedings con15 ducted by a tribunal established under section 1303, and 

16 the proceedings on any appeal of an action of the tribunal, 

17 shall be accessible to the public consistent with any de18 monstrable necessity to secure the safety of observers, wit19 nesses, tribunal judges, counsel, or other persons.

20 (d) CONFIDENTIALITY OF EVIDENCE.—Evidence 

21 available from an agency of the Federal Government that 

22 is offered in a trial by a tribunal established under section 

23 1303 may be kept secret from the public only when the 

24 head of the agency personally certifies in writing that dis25 closure will cause—
26

•S 22 IS 

1 (1) identifiable harm to the prosecution of mili2 tary objectives or interfere with the capture of mem3 bers of al Qaeda anywhere; 

4 (2) significant, identifiable harm to intelligence 

5 sources or methods; or 

6 (3) substantial risk that such evidence could be 

7 used for planning future terrorist attacks. 

8 (e) REVIEW.—

9 (1) PROCEDURES REQUIRED.—The Secretary of 

10 Defense shall provide for prompt review of convic11 tions by tribunals established under section 1303 to 

12 ensure that the procedural requirements of a full 

13 and fair hearing have been met and that the evi14 dence reasonably supports the convictions. 

15 (2) UNITED STATES COURT OF APPEALS FOR

16 THE ARMED FORCES.—The procedures established 

17 under paragraph (1) shall, at a minimum, allow for 

18 review of the proceedings of the tribunals by the 

19 United States Court of Appeals for the Armed 

20 Forces established under the Uniform Code of Mili21 tary Justice. 

22 (3) SUPREME COURT.—The decisions of the 

23 United States Court of Appeals for the Armed 

24 Forces regarding proceedings of tribunals estab-
27

•S 22 IS 

1 lished under section 1303 shall be subject to review 

2 by the Supreme Court by writ of certiorari. 

3 SEC. 1305. DETENTION. 

4 (a) IN GENERAL.—The President may direct the Sec5 retary of Defense to detain any person who is subject to 

6 a tribunal established under section 1303 pursuant to 

7 rules and regulations that are promulgated by the Sec8 retary and are consistent with the rules of international 

9 law. 

10 (b) DURATION OF DETENTION.—

11 (1) LIMITATION.—A person may be detained 

12 under subsection (a) only while—

13 (A) there is in effect for the purposes of 

14 this section a certification by the President that 

15 the United States Armed Forces are engaged in 

16 a state of armed conflict with al Qaeda or 

17 Taliban forces in the region of Afghanistan or 

18 with al Qaeda forces elsewhere; or 

19 (B) an investigation with a view toward 

20 prosecution, a prosecution, or a post-trial pro21 ceeding in the case of such person, pursuant to 

22 the provisions of this Act, is ongoing. 

23 (2) CERTIFICATION AND RECERTIFICATION.—A 

24 certification of circumstances made under paragraph 

25 (1) shall be effective for 180 days. The President 
28

•S 22 IS 

1 may make successive certifications of the cir2 cumstances. 

3 (c) DISCLOSURE OF EVIDENCE.—Evidence that may 

4 establish that an accused is not a person described in sub5 section (a) shall be disclosed to the accused and his coun6 sel, except that a summary of such evidence shall be pro7 vided to the accused and his counsel when the Attorney 

8 General personally certifies that disclosure of the evidence 

9 would cause identifiable harm to the prosecution of mili10 tary objectives in Afghanistan, to the capture of other per11 sons who are subject to this subtitle or reside outside the 

12 United States, or to the prevention of future terrorist acts 

13 directed against Americans. A summary of evidence shall 

14 be as complete as is possible in order to provide the ac15 cused with an evidentiary basis to seek release from deten16 tion. 

17 (d) DETENTION REVIEW.—The United States Court 

18 of Appeals for the District of Columbia Circuit shall have 

19 exclusive jurisdiction to review any determination under 

20 this section that the requirements of this section for de21 taining an accused are satisfied. 

22 (e) CONDITIONS OF DETENTION.—A person detained 

23 under this section shall be— 

24 (1) detained at an appropriate location des25 ignated by the Secretary of Defense; 
29

•S 22 IS 

1 (2) treated humanely, without any adverse dis2 tinction based on race, color, religion, gender, birth, 

3 wealth, or any similar criteria; 

4 (3) afforded adequate food, drinking water, 

5 shelter, clothing, and medical treatment; 

6 (4) sheltered under hygienic conditions and pro7 vided necessary means of personal hygiene; and 

8 (5) allowed the free exercise of religion con9 sistent with the requirements of such detention. 

10 SEC. 1306. SENSE OF CONGRESS. 

11 It is the sense of Congress that the President should 

12 seek the cooperation of United States allies and other na13 tions in conducting the investigations and prosecutions, in14 cluding extraditions, of the persons who are responsible 

15 for the September 11, 2001 attacks on the United States, 

16 and use to the fullest extent possible multilateral institu17 tions and mechanisms for carrying out such investigations 

18 and prosecutions. 

19 SEC. 1307. DEFINITIONS. 

20 In this subtitle: 

21 (1) SEPTEMBER 11, 2001 ATTACKS ON THE

22 UNITED STATES.—The term ‘‘September 11, 2001 

23 attacks on the United States’’ means the attacks on 

24 the Pentagon in the metropolitan area of Wash25 ington, District of Columbia, and the World Trade 
30

•S 22 IS 

1 Center, New York, New York, on September 11, 

2 2001, and includes the hijackings of American Air3 lines flights 77 and 11 and United Airlines flights 

4 175 and 93 on that date. 

5 (2) UNITED STATES PERSON.—The term 

6 ‘‘United States person’’ has the meaning given that 

7 term in section 101(i) of the Foreign Intelligence 

8 Surveillance Act of 1978 (50 U.S.C. 1801(i)).

9 SEC. 1308. TERMINATION OF AUTHORITY. 

10 The authority under this subtitle shall terminate at 

11 the end of December 31, 2005.

12 Subtitle D—Anti Terrorist Hoaxes 

13 and False Reports 

14 SEC. 1401. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Anti Terrorist 

16 Hoax and False Report Act of 2003’’. 

17 SEC. 1402. FINDINGS. 

18 Congress makes the following findings: 

19 (1) The expert resources available to the Gov20 ernment to deal with Federal crimes involving ac21 tual, potential or threatened use of chemical, biologi22 cal, and nuclear weapons and weapons of mass de23 struction are limited. 

24 (2) False reporting of such crimes and actual 

25 hoaxes involving such crimes almost invariably re-
31

•S 22 IS 

1 quire the attention of Federal investigative, sci2 entific, and public health officers and employees. 

3 (3) Recent episodes demonstrate that even iso4 lated false reports and hoaxes present a serious 

5 threat to the Nation and can have a substantial ad6 verse effect on interstate and foreign commerce, 

7 causing needless worry or even panic in the general 

8 public, interrupting vital interstate and foreign trav9 el and communications facilities, disrupting commer10 cial and business activities that depend on interstate 

11 travel and communications, and encouraging copycat 

12 episodes. 

13 (4) State and local law enforcement and govern14 ment agencies are often the first responders to any 

15 report of a chemical, biological, or nuclear threat or 

16 to a report of a weapon of mass destruction, whether 

17 real or a hoax, and Federal law enforcement authori18 ties often work closely with, and depend upon, State 

19 and local first responders in deploying scarce Fed20 eral resources after such a report. 

21 (5) A comprehensive prohibition on such false 

22 reports and hoaxes is necessary to preserve scarce 

23 and vital Federal resources, avoid substantial ad24 verse effects on interstate and foreign commerce, 
32

•S 22 IS 

1 and to protect the national security of the United 

2 States. 

3 SEC. 1403. HOAXES, FALSE REPORTS AND REIMBURSE4 MENT. 

5 (a) IN GENERAL.—Chapter 41 of title 18, United 

6 States Code, is amended by inserting after section 880 the 

7 following: 

8 ‘‘§ 881. False information and hoaxes. 

9 ‘‘(a) UNLAWFUL ACTS.—It shall be unlawful for any 

10 person—

11 ‘‘(1) to impart or convey or cause to be im12 parted or conveyed false information, knowing the 

13 information is false, concerning an attempt or al14 leged attempt being made, or to be made, to do any 

15 act which would be a crime under section 175, 229, 

16 831, or 2332a of this title, and under circumstances 

17 where such information may reasonably be believed; 

18 or 

19 ‘‘(2) to transfer or distribute or cause to be 

20 transferred or distributed any device or material, 

21 knowing or intending that the device or material re22 sembles a nuclear, chemical, or biological weapon, or 

23 other weapon of mass destruction (as defined in sec24 tion 2332a(c)(2) of this title), and under cir25 cumstances where such device or material may rea-
33

•S 22 IS 

1 sonably be believed to involve an attempt or alleged 

2 attempt to do an act which would be a crime under 

3 section 175, 229, 831, or 2332a of this title. 

4 ‘‘(b) CRIMINAL PENALTIES.—

5 ‘‘(1) Any person who violates subsection (a)(1) 

6 or (a)(2) shall—

7 ‘‘(A) in the case of a first violation, be 

8 fined under this title, or imprisoned not more 

9 than one year, or both; and 

10 ‘‘(B) in the case of subsequent violations, 

11 be fined under this title, or imprisoned not 

12 more than five years, or both; and 

13 ‘‘(2) Any person who willfully and maliciously, 

14 or with reckless disregard for the safety of human 

15 life, violates subsection (a)(1) or (a)(2) shall be fined 

16 under this title, or imprisoned not more than five 

17 years, or both. 

18 ‘‘(b) REIMBURSEMENT.—

19 ‘‘(1) Notwithstanding and in addition to sec20 tions 3663 and 3663A of this title and any other 

21 civil or criminal penalty authorized by law, the court 

22 shall order any person convicted of an offense under 

23 subsection (a)(1) or (a)(2) to reimburse—
34

•S 22 IS 

1 ‘‘(A) any person injured by the offense for 

2 any losses and expenses incurred as a direct or 

3 proximate result of such offense; and 

4 ‘‘(B) any Federal, State, or local govern5 ment entity for any losses and expenses in6 curred incident to an emergency or investigative 

7 response to the offense. 

8 ‘‘(2) A person who is subject to an order of re9 imbursement under this subsection shall be jointly 

10 and severally liable with each other person, if any, 

11 who is subject to an order of reimbursement for the 

12 same losses and expenses. 

13 ‘‘(3) An order of reimbursement under this sub14 section shall, for purposes of enforcement, be treated 

15 as a civil judgment. 

16 ‘‘(c) CIVIL REMEDIES.—

17 ‘‘(1) Any person aggrieved by reason of the con18 duct prohibited by subsection (a)(1) or (a)(2) may 

19 commence a civil action. In such an action, the court 

20 may award appropriate relief, including injunctive 

21 relief and compensatory and punitive damages, as 

22 well as the costs of suit and reasonable fees for at23 torneys and expert witnesses. With respect to com24 pensatory damages, the plaintiff may elect, at any 

25 time prior to the rendering of final judgment, to re-
35

•S 22 IS 

1 cover, in lieu of actual damages, an award of statu2 tory damages in the amount of $5,000 per violation. 

3 ‘‘(2) If the Attorney General of the United 

4 States has reasonable cause to believe that any per5 son or group of persons has been injured by conduct 

6 prohibited by subsection (a)(1) or (a)(2), the Attor7 ney General may commence a civil action. In such 

8 an action, the court may award appropriate relief, 

9 including injunctive relief and compensatory dam10 ages to persons aggrieved as described in paragraph

11 (1) and to any Federal, State, or local government 

12 entity that would be entitled to reimbursement 

13 under subsection (b). The court, to vindicate the 

14 public interest, may also assess a civil penalty in an 

15 amount not exceeding $5,000 for a first violation, 

16 or $10,000 for any subsequent violation. 

17 ‘‘(3) The imposition of a civil penalty under 

18 paragraph (2) does not preclude any other criminal 

19 or civil statutory, common law, or administrative 

20 remedy, which is available by law to the United 

21 States or any other person. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 41 of title 18, United States 

24 Code, is amended by adding after the item for section 880 

25 the following:

‘‘881. False information and hoaxes.’’.
36

•S 22 IS 

1 Subtitle E—Amendments to 

2 Federal Antiterrorism Laws 

3 SEC. 1501. ATTACKS AGAINST MASS TRANSIT CLARIFICA4 TION OF DEFINITION. 

5 Section 1993(c) of title 18, United States Code, is 

6 amended—

7 (1) in paragraph (7), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (8), by striking the period at 

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

11 (3) by adding at the end the following: 

12 ‘‘(9) the term ‘vehicle’ means any carriage or 

13 other contrivance used, or capable of being used, as 

14 a means of transportation on land, water, or 

15 through the air.’’. 

16 SEC. 1502. RELEASE OR DETENTION OF A MATERIAL WIT17 NESS. 

18 Section 3144 of title 18, United States Code, is 

19 amended to read as follows: 

20 ‘‘(a) ARREST OF MATERIAL WITNESS.—Upon an ap21 plication by a party in any criminal case or by an attorney 

22 for the government in any Federal grand jury proceeding, 

23 supported by affidavits showing probable cause to believe 

24 that the testimony of a person is material to any matter 

25 in such case or proceeding and that it may become imprac-
37

•S 22 IS 

1 ticable to secure the presence of the person by subpoena, 

2 a judicial officer may order the arrest of that person as 

3 a material witness. 

4 ‘‘(b) RELEASE OR DETENTION.—A person who is ar5 rested pursuant to an order issued under subsection (a) 

6 shall be treated in accordance with section 3142, and may 

7 be detained only upon satisfaction of the conditions in sec8 tion 3142(f)(2), except that no material witness may be 

9 detained because of inability to comply with any condition 

10 of release if the testimony of that person can adequately 

11 be secured by deposition or, in a matter before a grand 

12 jury, by appearance before the grand jury. 

13 ‘‘(c) DELAY OF RELEASE.—The release of a person 

14 who is arrested or detained under this section may be de15 layed for a reasonable period of time until the deposition 

16 of the person can be taken pursuant to the Federal Rules 

17 of Criminal Procedure or the person appears before the 

18 grand jury, in a matter before a grand jury. 

19 ‘‘(d) RESIDUAL HEARSAY EXCEPTION.—If a person 

20 who is arrested or detained under this section is released, 

21 and the appearance of that person cannot be obtained 

22 through the reasonable diligence of the United States at 

23 trial, the United States may seek admission of grand jury 

24 testimony of that material witness given pursuant to this 

25 section, and that testimony shall be deemed to satisfy the 
38

•S 22 IS 

1 requirements of rule 807(C) of the Federal Rules of Evi2 dence. 

3 ‘‘(e) RIGHTS AND PRIVILEGES.—Except as otherwise 

4 provided in this section, if a person is arrested pursuant 

5 to an order issued under subsection (a), that person shall 

6 have the same rights and privileges as a person who is 

7 arrested pursuant to a warrant issued for an offense 

8 against the United States until the person is no longer 

9 detained or subject to any condition of release imposed 

10 under this section.’’. 

11 SEC. 1503. CLARIFICATION OF SUNSET PROVISION IN USA 

12 PATRIOT ACT. 

13 Section 224(a) of the USA PATRIOT ACT (Public 

14 Law 107–56) is amended by inserting before the period 

15 the following: ‘‘and any provision of law amended or modi16 fied by this title and the amendments made by this title 

17 (except for the sections excepted) shall take effect January 

18 1, 2006, as in effect on the day before the effective date 

19 of this Act’’. 
39

•S 22 IS 

1 TITLE II—PROTECTING AMER2 ICA’S CHILDREN AND SEN3 IORS 

4 Subtitle A—Children’s Safety 

5 PART 1—NATIONAL AMBER ALERT NETWORK 

6 SEC. 2111. SHORT TITLE. 

7 This part may be cited as the ‘‘National AMBER 

8 Alert Network Act of 2003’’. 

9 SEC. 2112. NATIONAL COORDINATION OF AMBER ALERT 

10 COMMUNICATIONS NETWORK. 

11 (a) COORDINATION WITHIN DEPARTMENT OF JUS12 TICE.—The Attorney General shall assign an officer of the 

13 Department of Justice to act as the national coordinator 

14 of the AMBER Alert communications network regarding 

15 abducted children. The officer so designated shall be 

16 known as the AMBER Alert Coordinator of the Depart17 ment of Justice. 

18 (b) DUTIES.—In acting as the national coordinator 

19 of the AMBER Alert communications network, the Coor20 dinator shall—

21 (1) seek to eliminate gaps in the network, in22 cluding gaps in areas of interstate travel; 

23 (2) work with States to encourage the develop24 ment of additional elements (known as local 

25 AMBER plans) in the network; 
40

•S 22 IS 

1 (3) work with States to ensure appropriate re2 gional coordination of various elements of the net3 work; and 

4 (4) act as the nationwide point of contact for—

5 (A) the development of the network; and 

6 (B) regional coordination of alerts on ab7 ducted children through the network. 

8 (c) CONSULTATION AND COOPERATION.—(1) In car9 rying out duties under subsection (b), the Coordinator 

10 shall notify and consult with the Director of the Federal 

11 Bureau of Investigation concerning each child abduction 

12 for which an alert is issued through the AMBER Alert 

13 communications network. 

14 (2) The Coordinator shall cooperate with the Sec15 retary of Transportation and the Federal Communications 

16 Commission in carrying out activities under this section.

17 (3) In preparation for carrying out duties under sub18 section (b), the Coordinator shall consult with the Na19 tional Center for Missing and Exploited Children and 

20 other private sector entities and organizations (including 

21 non-profit organizations) having expertise in matters re22 lating to such duties. 
41

•S 22 IS 

1 SEC. 2113. MINIMUM STANDARDS FOR ISSUANCE AND DIS2 SEMINATION OF ALERTS THROUGH AMBER 

3 ALERT COMMUNICATIONS NETWORK. 

4 (a) ESTABLISHMENT OF MINIMUM STANDARDS.—

5 Subject to subsection (b), the AMBER Alert Coordinator 

6 of the Department of Justice shall establish minimum 

7 standards for—

8 (1) the issuance of alerts through the AMBER 

9 Alert communications network; and 

10 (2) the extent of the dissemination of alerts 

11 issued through the network. 

12 (b) LIMITATIONS.—(1) The minimum standards es13 tablished under subsection (a) shall be adoptable on a vol14 untary basis only. 

15 (2) The minimum standards shall, to the maximum 

16 extent practicable (as determined by the Coordinator in 

17 consultation with State and local law enforcement agen18 cies), provide that the dissemination of an alert through 

19 the AMBER Alert communications network be limited to 

20 the geographic areas most likely to facilitate the recovery 

21 of the abducted child concerned. 

22 (3) In carrying out activities under subsection (a), 

23 the Coordinator may not interfere with the current system 

24 of voluntary coordination between local broadcasters and 

25 State and local law enforcement agencies for purposes of 

26 the AMBER Alert communications network. 
42

•S 22 IS 

1 (c) COOPERATION AND CONSULTATION.—(1) The 

2 Coordinator shall cooperate with the Secretary of Trans3 portation and the Federal Communications Commission in 

4 carrying out activities under this section. 

5 (2) The Coordinator shall also cooperate with local 

6 broadcasters and State and local law enforcement agencies 

7 in establishing minimum standards under this section. 

8 (3) The Coordinator shall also consult with the Na9 tional Center for Missing and Exploited Children and 

10 other private sector entities and organizations (including 

11 non-profit organizations) having an expertise in matters 

12 relating to the minimum standards to be established under 

13 this section in establishing the minimum standards. 

14 SEC. 2114. GRANT PROGRAM FOR NOTIFICATION AND COM15 MUNICATIONS SYSTEMS ALONG HIGHWAYS 

16 FOR RECOVERY OF ABDUCTED CHILDREN. 

17 (a) PROGRAM REQUIRED.—The Secretary of Trans18 portation shall carry out a program to provide grants to 

19 States for the development or enhancement of notification 

20 or communications systems along highways for alerts and 

21 other information for the recovery of abducted children. 

22 (b) ACTIVITIES.—Activities funded by grants under 

23 the program under subsection (a) may include—
43

•S 22 IS 

1 (1) the development or enhancement of elec2 tronic message boards along highways and the place3 ment of additional signage along highways; and 

4 (2) the development or enhancement of other 

5 means of disseminating along highways alerts and 

6 other information for the recovery of abducted chil7 dren. 

8 (c) FEDERAL SHARE.—The Federal share of the cost 

9 of any activities funded by a grant under the program 

10 under subsection (a) may not exceed 50 percent. 

11 (d) DISTRIBUTION OF GRANT AMOUNTS ON GEO12 GRAPHIC BASIS.—The Secretary shall, to the maximum 

13 extent practicable, ensure the distribution of grants under 

14 the program under subsection (a) on an equitable basis 

15 throughout the various regions of the United States. 

16 (e) ADMINISTRATION.—The Secretary shall prescribe 

17 requirements, including application requirements, for 

18 grants under the program under subsection (a). 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—(1) 

20 There is authorized to be appropriated for the Department 

21 of Transportation for fiscal years 2003 and 2004 such 

22 sums as may be necessary to carry out this section. 

23 (2) Amounts appropriated pursuant to the authoriza24 tion of appropriations in paragraph (1) shall remain avail25 able until expended. 
44

•S 22 IS 

1 SEC. 2115. GRANT PROGRAM FOR SUPPORT OF AMBER 

2 ALERT COMMUNICATIONS PLANS. 

3 (a) PROGRAM REQUIRED.—The Attorney General 

4 shall carry out a program to provide grants to States for 

5 the development or enhancement of programs and activi6 ties for the support of AMBER Alert communications 

7 plans. 

8 (b) ACTIVITIES.—Activities funded by grants under 

9 the program under subsection (a) may include—

10 (1) the development and implementation of edu11 cation and training programs, and associated mate12 rials, relating to AMBER Alert communications 

13 plans; 

14 (2) the development and implementation of law 

15 enforcement programs, and associated equipment, 

16 relating to AMBER Alert communications plans; 

17 and 

18 (3) such other activities as the Attorney Gen19 eral considers appropriate for supporting the 

20 AMBER Alert communications program. 

21 (c) FEDERAL SHARE.—The Federal share of the cost 

22 of any activities funded by a grant under the program 

23 under subsection (a) may not exceed 50 percent. 

24 (d) DISTRIBUTION OF GRANT AMOUNTS ON GEO25 GRAPHIC BASIS.—The Attorney General shall, to the max26 imum extent practicable, ensure the distribution of grants 
45

•S 22 IS 

1 under the program under subsection (a) on an equitable 

2 basis throughout the various regions of the United States. 

3 (e) ADMINISTRATION.—The Attorney General shall 

4 prescribe requirements, including application require5 ments, for grants under the program under subsection (a). 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—(1) 

7 There is authorized to be appropriated for the Department 

8 of Justice for fiscal years 2003 and 2004 such sums as 

9 may be necessary to carry out this section. 

10 (2) Amounts appropriated pursuant to the authoriza11 tion of appropriations in paragraph (1) shall remain avail12 able until expended. 

13 PART 2—PROSECUTIONAL REMEDIES AND TOOLS 

14 AGAINST THE EXPLOITATION OF CHILDREN 

15 TODAY 

16 SEC. 2121. SHORT TITLE. 

17 This part may be cited as the ‘‘Prosecutorial Rem18 edies and Tools Against the Exploitation of Children 

19 Today Act of 2003’’ or ‘‘PROTECT Act’’.

20 SEC. 2122. FINDINGS. 

21 Congress finds the following: 

22 (1) Obscenity and child pornography are not 

23 entitled to protection under the First Amendment 

24 under Miller v. California, 413 U.S. 15 (1973) (ob25 scenity), or New York v. Ferber, 458 U.S. 747 
46

•S 22 IS 

1 (1982) (child pornography) and thus may be prohib2 ited. 

3 (2) The Government has a compelling state in4 terest in protecting children from those who sexually 

5 exploit them, including both child molesters and 

6 child pornographers. ‘‘The prevention of sexual ex7 ploitation and abuse of children constitutes a gov8 ernment objective of surpassing importance,’’ New 

9 York v. Ferber, 458 U.S. 747, 757 (1982) (empha10 sis added), and this interest extends to stamping out 

11 the vice of child pornography at all levels in the dis12 tribution chain. Osborne v. Ohio, 495 U.S. 103, 110 

13 (1990). 

14 (3) The Government thus has a compelling in15 terest in ensuring that the criminal prohibitions 

16 against child pornography remain enforceable and 

17 effective. ‘‘[T]he most expeditious if not the only 

18 practical method of law enforcement may be to dry 

19 up the market for this material by imposing severe 

20 criminal penalties on persons selling, advertising, or 

21 otherwise promoting the product.’’ Ferber, 458 U.S. 

22 at 760. 

23 (4) In 1982, when the Supreme Court decided 

24 Ferber, the technology did not exist to: (A) create 

25 depictions of virtual children that are indistinguish-
47

•S 22 IS 

1 able from depictions of real children; (B) create de2 pictions of virtual children using compositions of real 

3 children to create an unidentifiable child; or (C) dis4 guise pictures of real children being abused by mak5 ing the image look computer generated. 

6 (5) Evidence submitted to the Congress, includ7 ing from the National Center for Missing and Ex8 ploited Children, demonstrates that technology al9 ready exists to disguise depictions of real children to 

10 make them unidentifiable and to make depictions of 

11 real children appear computer generated. The tech12 nology will soon exist, if it does not already, to make 

13 depictions of virtual children look real. 

14 (6) The vast majority of child pornography 

15 prosecutions today involve images contained on com16 puter hard drives, computer disks, and/or related 

17 media. 

18 (7) There is no substantial evidence that any of 

19 the child pornography images being trafficked today 

20 were made other than by the abuse of real children. 

21 Nevertheless, technological advances since Ferber 

22 have led many criminal defendants to suggest that 

23 the images of child pornography they possess are not 

24 those of real children, insisting that the government 

25 prove beyond a reasonable doubt that the images are 
48

•S 22 IS 

1 not computer-generated. Such challenges will likely 

2 increase after the Ashcroft v. Free Speech Coalition 

3 decision. 

4 (8) Child pornography circulating on the Inter5 net has, by definition, been digitally uploaded or 

6 scanned into computers and has been transferred 

7 over the Internet, often in different file formats, 

8 from trafficker to trafficker. An image seized from 

9 a collector of child pornography is rarely a first-gen10 eration product, and the retransmission of images 

11 can alter the image so as to make it difficult for 

12 even an expert conclusively to opine that a particular 

13 image depicts a real child. If the original image has 

14 been scanned from a paper version into a digital for15 mat, this task can be even harder since proper fo16 rensic delineation may depend on the quality of the 

17 image scanned and the tools used to scan it. 

18 (9) The impact on the government’s ability to 

19 prosecute child pornography offenders is already evi20 dent. The Ninth Circuit has seen a significant ad21 verse effect on prosecutions since the 1999 Ninth 

22 Circuit Court of Appeals decision in Free Speech 

23 Coalition. After that decision, prosecutions generally 

24 have been brought in the Ninth Circuit only in the 

25 most clear-cut cases in which the government can 
49

•S 22 IS 

1 specifically identify the child in the depiction or oth2 erwise identify the origin of the image. This is a 

3 fraction of meritorious child pornography cases. The 

4 National Center for Missing and Exploited Children 

5 testified that, in light of the Supreme Court’s affir6 mation of the Ninth Circuit decision, prosecutors in 

7 various parts of the country have expressed concern 

8 about the continued viability of previously indicted 

9 cases as well as declined potentially meritorious 

10 prosecutions. 

11 (10) In the absence of congressional action, this 

12 problem will continue to grow increasingly worse. 

13 The mere prospect that the technology exists to cre14 ate computer or computer-generated depictions that 

15 are indistinguishable from depictions of real children 

16 will allow defendants who possess images of real 

17 children to escape prosecution, for it threatens to 

18 create a reasonable doubt in every case of computer 

19 images even when a real child was abused. This 

20 threatens to render child pornography laws that pro21 tect real children unenforceable. 

22 (11) To avoid this grave threat to the Govern23 ment’s unquestioned compelling interest in effective 

24 enforcement of the child pornography laws that pro-
50

•S 22 IS 

1 tect real children, a statute must be adopted that 

2 prohibits a narrowly-defined subcategory of images. 

3 (12) The Supreme Court’s 1982 Ferber v. New 

4 York decision holding that child pornography was 

5 not protected drove child pornography off the shelves 

6 of adult bookstores. Congressional action is nec7 essary to ensure that open and notorious trafficking 

8 in such materials does not reappear. 

9 SEC. 2123. CERTAIN ACTIVITIES RELATING TO MATERIAL 

10 CONSTITUTING OR CONTAINING CHILD POR11 NOGRAPHY. 

12 Section 2252A of title 18, United States Code, is 

13 amended—

14 (1) in subsection (a)—

15 (A) by striking paragraph (3) and insert16 ing the following: 

17 ‘‘(3) knowingly—

18 ‘‘(A) reproduces any child pornography for 

19 distribution through the mails, or in interstate

20 or foreign commerce by any means, including 

21 by computer; or 

22 ‘‘(B) advertises, promotes, presents, dis23 tributes, or solicits through the mails, or in 

24 interstate or foreign commerce by any means, 

25 including by computer, any material in a man-
51

•S 22 IS 

1 ner that conveys the impression that the mate2 rial is, or contains, an obscene visual depiction 

3 of a minor engaging in sexually explicit con4 duct;’’; 

5 (B) in paragraph (4), by striking ‘‘or’’ at 

6 the end; 

7 (C) in paragraph (5), by striking the pe8 riod at the end and inserting ‘‘; or’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(6) knowingly distributes, offers, sends, or 

11 provides to a minor any visual depiction, including 

12 any photograph, film, video, picture, or computer 

13 generated image or picture, whether made or pro14 duced by electronic, mechanical, or other means, of 

15 sexually explicit conduct where such visual depiction 

16 is, or appears to be, of a minor engaging in sexually 

17 explicit conduct—

18 ‘‘(A) that has been mailed, shipped, or 

19 transported in interstate or foreign commerce 

20 by any means, including by computer; 

21 ‘‘(B) that was produced using materials 

22 that have been mailed, shipped, or transported 

23 in interstate or foreign commerce by any 

24 means, including by computer; or 
52

•S 22 IS 

1 ‘‘(C) which distribution, offer, sending, or 

2 provision is accomplished using the mails or by 

3 transmitting or causing to be transmitted any 

4 wire communication in interstate or foreign 

5 commerce, including by computer, 

6 for purposes of inducing or persuading a minor to 

7 participate in any activity that is illegal.’’; 

8 (2) in subsection (b)(1), by striking ‘‘(1), (2), 

9 (3), or (4)’’ and inserting ‘‘(1), (2), (3), (4), or (6)’’; 

10 and 

11 (3) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) It shall be an affirmative defense to a charge 

14 of violating paragraph (1), (2), (3), (4), or (5) of sub15 section (a) that—

16 ‘‘(1)(A) the alleged child pornography was pro17 duced using an actual person or persons engaging in 

18 sexually explicit conduct; and 

19 ‘‘(B) each such person was an adult at the time 

20 the material was produced; or 

21 ‘‘(2) the alleged child pornography was not pro22 duced using any actual minor or minors. 

23 No affirmative defense under paragraph (2) shall be avail24 able in any prosecution that involves obscene child pornog25 raphy or child pornography as described in section 
53

•S 22 IS 

1 2256(8)(D). A defendant may not assert an affirmative 

2 defense to a charge of violating paragraph (1), (2), (3), 

3 (4), or (5) of subsection (a) unless, within the time pro4 vided for filing pretrial motions or at such time prior to 

5 trial as the judge may direct, but in no event later than 

6 10 days before the commencement of the trial, the defend7 ant provides the court and the United States with notice 

8 of the intent to assert such defense and the substance of 

9 any expert or other specialized testimony or evidence upon 

10 which the defendant intends to rely. If the defendant fails 

11 to comply with this subsection, the court shall, absent a 

12 finding of extraordinary circumstances that prevented 

13 timely compliance, prohibit the defendant from asserting 

14 such defense to a charge of violating paragraph (1), (2), 

15 (3), (4), or (5) of subsection (a) or presenting any evi16 dence for which the defendant has failed to provide proper 

17 and timely notice.’’. 

18 SEC. 2124. ADMISSIBILITY OF EVIDENCE. 

19 Section 2252A of title 18, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of 

22 the government, in any prosecution under this chapter, ex23 cept for good cause shown, the name, address, social secu24 rity number, or other nonphysical identifying information, 

25 other than the age or approximate age, of any minor who 
54

•S 22 IS 

1 is depicted in any child pornography shall not be admis2 sible and may be redacted from any otherwise admissible 

3 evidence, and the jury shall be instructed, upon request 

4 of the United States, that it can draw no inference from 

5 the absence of such evidence in deciding whether the child 

6 pornography depicts an actual minor.’’. 

7 SEC. 2125. DEFINITIONS. 

8 Section 2256 of title 18, United States Code, is 

9 amended—

10 (1) in paragraph (1), by inserting before the 

11 semicolon the following: ‘‘and shall not be construed 

12 to require proof of the actual identity of the per13 son’’; 

14 (2) in paragraph (8)—

15 (A) in subparagraph (B), by inserting ‘‘is 

16 obscene and’’ before ‘‘is’’;

17 (B) in subparagraph (C), by striking ‘‘or’’ 

18 at the end; and 

19 (C) by striking subparagraph (D) and in20 serting the following: 

21 ‘‘(D) such visual depiction—

22 ‘‘(i) is, or appears to be, of a minor 

23 actually engaging in bestiality, sadistic or 

24 masochistic abuse, or sexual intercourse, 

25 including genital-genital, oral-genital, anal-
55

•S 22 IS 

1 genital, or oral-anal, whether between per2 sons of the same or opposite sex; and 

3 ‘‘(ii) lacks serious literary, artistic, po4 litical, or scientific value; or 

5 ‘‘(E) the production of such visual depic6 tion involves the use of an identifiable minor 

7 engaging in sexually explicit conduct; and’’; and 

8 (3) in paragraph (9)(A)(ii)—

9 (A) by striking ‘‘(ii) who is’’ and inserting 

10 the following: 

11 ‘‘(ii)(I) who is’’; and 

12 (B) by striking ‘‘and’’ at the end and in13 serting the following: ‘‘or 

14 ‘‘(II) who is virtually indistinguishable 

15 from an actual minor; and’’. 

16 SEC. 2126. RECORDKEEPING REQUIREMENTS. 

17 Section 2257 of title 18, United States Code, is 

18 amended—

19 (1) in subsection (d)(2), by striking ‘‘of this 

20 section’’ and inserting ‘‘of this chapter or chapter 

21 71,’’; 

22 (2) in subsection (h)(3), by inserting ‘‘, com23 puter generated image or picture,’’ after ‘‘video 

24 tape’’; and 

25 (3) in subsection (i)—
56

•S 22 IS 

1 (A) by striking ‘‘not more than 2 years’’ 

2 and inserting ‘‘not more than 5 years’’; and 

3 (B) by striking ‘‘5 years’’ and inserting 

4 ‘‘10 years’’. 

5 SEC. 2127. EXTRATERRITORIAL PRODUCTION OF CHILD 

6 PORNOGRAPHY FOR DISTRIBUTION IN THE 

7 UNITED STATES. 

8 Section 2251 of title 18, United States Code, is 

9 amended—

10 (1) by striking ‘‘subsection (d)’’ each place that 

11 term appears and inserting ‘‘subsection (e)’’; 

12 (2) by redesignating subsections (c) and (d) as 

13 subsections (d) and (e), respectively; and 

14 (3) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c)(1) Any person who, in a circumstance described 

17 in paragraph (2), employs, uses, persuades, induces, en18 tices, or coerces any minor to engage in, or who has a 

19 minor assist any other person to engage in, any sexually 

20 explicit conduct outside of the United States, its territories 

21 or possessions, for the purpose of producing any visual de22 piction of such conduct, shall be punished as provided 

23 under subsection (e). 

24 ‘‘(2) The circumstance referred to in paragraph (1) 

25 is that—
57

•S 22 IS 

1 ‘‘(A) the person intends such visual depiction to 

2 be transported to the United States, its territories or 

3 possessions, by any means, including by computer or 

4 mail; or 

5 ‘‘(B) the person transports such visual depic6 tion to the United States, its territories or posses7 sions, by any means, including by computer or 

8 mail.’’. 

9 SEC. 2128. CIVIL REMEDIES. 

10 Section 2252A of title 18, United States Code, as 

11 amended by this Act, is amended by adding at the end 

12 the following: 

13 ‘‘(f) CIVIL REMEDIES.—

14 ‘‘(1) IN GENERAL.—Any person aggrieved by 

15 reason of the conduct prohibited under subsection 

16 (a) or (b) may commence a civil action for the relief 

17 set forth in paragraph (2). 

18 ‘‘(2) RELIEF.—In any action commenced in ac19 cordance with paragraph (1), the court may award 

20 appropriate relief, including—

21 ‘‘(A) temporary, preliminary, or permanent 

22 injunctive relief; 

23 ‘‘(B) compensatory and punitive damages; 

24 and
58

•S 22 IS 

1 ‘‘(C) the costs of the civil action and rea2 sonable fees for attorneys and expert wit3 nesses.’’. 

4 SEC. 2129. ENHANCED PENALTIES FOR RECIDIVISTS. 

5 Sections 2251(d), 2252(b), and 2252A(b) of title 18, 

6 United States Code, are amended by inserting ‘‘chapter 

7 71,’’ before ‘‘chapter 109A,’’ each place it appears. 

8 SEC. 2130. SENTENCING ENHANCEMENTS FOR INTERSTATE 

9 TRAVEL TO ENGAGE IN SEXUAL ACT WITH A 

10 JUVENILE. 

11 Pursuant to its authority under section 994(p) of title 

12 18, United States Code, and in accordance with this sec13 tion, the United States Sentencing Commission shall re14 view and, as appropriate, amend the Federal Sentencing 

15 Guidelines and policy statements to ensure that guideline 

16 penalties are adequate in cases that involve interstate 

17 travel with the intent to engage in a sexual act with a 

18 juvenile in violation of section 2423 of title 18, United 

19 States Code, to deter and punish such conduct. 

20 SEC. 2131. MISCELLANEOUS PROVISIONS. 

21 (a) APPOINTMENT OF TRIAL ATTORNEYS.—

22 (1) IN GENERAL.—Not later than 6 months 

23 after the date of enactment of this Act, the Attorney 

24 General shall appoint 25 additional trial attorneys to 

25 the Child Exploitation and Obscenity Section of the 
59

•S 22 IS 

1 Criminal Division of the Department of Justice or to 

2 appropriate U.S. Attorney’s Offices, and those trial 

3 attorneys shall have as their primary focus, the in4 vestigation and prosecution of Federal child pornog5 raphy laws. 

6 (2) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated to the De8 partment of Justice such sums as may be necessary 

9 to carry out this subsection. 

10 (b) REPORT TO CONGRESSIONAL COMMITTEES.—

11 (1) IN GENERAL.—Not later than 9 months 

12 after the date of enactment of this Act, and every 

13 2 years thereafter, the Attorney General shall report 

14 to the Chairpersons and Ranking Members of the 

15 Committees on the Judiciary of the Senate and the 

16 House of Representatives on the Federal enforce17 ment actions under chapter 110 of title 18, United 

18 States Code. 

19 (2) CONTENTS.—The report required under 

20 paragraph (1) shall include—

21 (A) an evaluation of the prosecutions 

22 brought under chapter 110 of title 18, United 

23 States Code; 

24 (B) an outcome-based measurement of per25 formance; and 
60

•S 22 IS 

1 (C) an analysis of the technology being 

2 used by the child pornography industry. 

3 (c) SENTENCING GUIDELINES.—Pursuant to its au4 thority under section 994(p) of title 18, United States 

5 Code, and in accordance with this section, the United 

6 States Sentencing Commission shall review and, as appro7 priate, amend the Federal Sentencing Guidelines and pol8 icy statements to ensure that the guidelines are adequate 

9 to deter and punish conduct that involves a violation of 

10 paragraph (3)(B) or (6) of section 2252A(a) of title 18, 

11 United States Code, as created by this Act. With respect 

12 to the guidelines for section 2252A(a)(3)(B), the Commis13 sion shall consider the relative culpability of promoting, 

14 presenting, describing, or distributing material in violation 

15 of that section as compared with solicitation of such mate16 rial.

17 PART 3—REAUTHORIZATION OF THE NATIONAL 

18 CENTER FOR MISSING AND EXPLOITED 

19 CHILDREN 

20 SEC. 2141. SHORT TITLE. 

21 This part may be cited as the ‘‘Protecting Our Chil22 dren Comes First Act of 2003’’. 
61

•S 22 IS 

1 SEC. 2142. ANNUAL GRANT TO THE NATIONAL CENTER FOR 

2 MISSING AND EXPLOITED CHILDREN. 

3 Section 404(b)(2) of the Missing Childrens Assist4 ance Act (42 U.S.C. 5773(b)(2)) is amended by striking 

5 ‘‘$10,000,000 for each of fiscal years 2000, 2001, 2002, 

6 and 2003’’ and inserting ‘‘$20,000,000 for each of fiscal 

7 years 2003, 2004, 2005, and 2006’’. 

8 SEC. 2143. AUTHORIZATION OF APPROPRIATIONS. 

9 Section 408(a) of the Missing Childrens Assistance 

10 Act (42 U.S.C. 5777(a)) is amended by striking ‘‘fiscal 

11 years 2000 through 2003.’’ and inserting ‘‘fiscal years 

12 2003 through 2006.’’. 

13 SEC. 2144. FORENSIC AND INVESTIGATIVE SUPPORT OF 

14 MISSING AND EXPLOITED CHILDREN. 

15 Section 3056 of title 18, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(f) Under the direction of the Secretary of the 

18 Treasury, officers and agents of the Secret Service are au19 thorized, at the request of any State or local law enforce20 ment agency or the National Center for Missing and Ex21 ploited Children, to provide forensic and investigative as22 sistance in support of any investigation involving missing 

23 or exploited children.’’. 

24 SEC. 2145. CREATION OF A CYBER-TIPLINE. 

25 Section 404(b)(1) of the Missing Children’s Assist26 ance Act (42 U.S.C. 5773(b)(1)) is amended—
62

•S 22 IS 

1 (1) in subparagraph (F), by striking ‘‘and’’ at 

2 the end; 

3 (2) in subparagraph (G), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(H) coordinate the operation of a Cyber7 Tipline to provide online users an effective 

8 means of reporting Internet-related child sexual 

9 exploitation in the areas of distribution of child 

10 pornography, online enticement of children for 

11 sexual acts, and child prostitution.’’. 

12 SEC. 2146. SERVICE PROVIDER REPORTING OF CHILD POR13 NOGRAPHY AND RELATED INFORMATION. 

14 Section 227 of the Victims of Child Abuse Act of 

15 1990 (42 U.S.C. 13032) is amended—

16 (1) in subsection (b)—

17 (A) in paragraph (1), by inserting ‘‘, from 

18 a nongovernmental source,’’ after ‘‘obtains’’; 

19 (B) by redesignating paragraph (3) as 

20 paragraph (4); and 

21 (C) by inserting after paragraph (2) the 

22 following new paragraph: 

23 ‘‘(3) In addition to forwarding reports of child 

24 pornography to those agencies designated pursuant 

25 to paragraph (2), the National Center for Missing 
63

•S 22 IS 

1 and Exploited Children is authorized to forward any 

2 such report to an appropriate official of a state or 

3 subdivision of a State for the purpose of enforcing 

4 State criminal law.’’; 

5 (2) in subsection (c), by inserting ‘‘, or pursu6 ant to,’’ after ‘‘to comply with’’; and 

7 (3) by amending subsection (f)(1)(D) to read as 

8 follows: 

9 ‘‘(D) where the report discloses a violation 

10 of State criminal law, to an appropriate official 

11 of a State or subdivision of a State for the pur12 pose of enforcing such State law.’’. 

13 SEC. 2147. CONTENTS DISCLOSURE OF STORED COMMU14 NICATIONS. 

15 Section 2702 of title 18, United States Code, is 

16 amended—

17 (1) in subsection (b)—

18 (A) in paragraph (5), by striking ‘‘or’’ at 

19 the end; 

20 (B) in paragraph (6)—

21 (i) in subparagraph (A)(ii), by insert22 ing ‘‘or’’ at the end; 

23 (ii) by striking subparagraph (B); and 

24 (iii) by redesignating subparagraph 

25 (C) as subparagraph (B); 
64

•S 22 IS 

1 (C) by redesignating paragraph (6) as 

2 paragraph (7); and 

3 (D) by inserting after paragraph (5) the 

4 following: 

5 ‘‘(6) to the National Center for Missing and 

6 Exploited Children, in connection with a report sub7 mitted under section 227 of the Victims of Child 

8 Abuse Act of 1990 (42 U.S.C. 13032); or’’; and 

9 (2) in subsection (c)—

10 (A) in paragraph (4), by striking ‘‘or’’ at 

11 the end; 

12 (B) by redesignating paragraph (5) as 

13 paragraph (6); and 

14 (C) by inserting after paragraph (4) the 

15 following: 

16 ‘‘(5) to the National Center for Missing and 

17 Exploited Children, in connection with a report sub18 mitted under section 227 of the Victims of Child 

19 Abuse Act of 1990 (42 U.S.C. 13032); or’’. 

20 PART 4—NATIONAL CHILD PROTECTION AND 

21 VOLUNTEERS FOR CHILDREN IMPROVEMENT 

22 SEC. 2151. SHORT TITLE. 

23 This part may be cited as the ‘‘National Child Protec24 tion and Volunteers for Children Improvement Act of 

25 2003’’. 
65

•S 22 IS 

1 SEC. 2152. DEFINITIONS. 

2 Section 5 of the National Child Protection Act of 

3 1993 (42 U.S.C. 5119c) is amended—

4 (1) in paragraph (10), by striking ‘‘and’’ at the 

5 end; and 

6 (2) by inserting after paragraph (10) the fol7 lowing: 

8 ‘‘(10A) the term ‘qualified State program’ 

9 means the policies and procedures referred to in sec10 tion 3(a)(1) of a State that are in place in order to 

11 implement this Act, including policies and proce12 dures that require—

13 ‘‘(A) requests for national criminal history 

14 background checks to be routinely returned to 

15 a qualified entity not later than 20 business 

16 days after the date on which the request was 

17 made;

18 ‘‘(B) authorized agencies to charge not 

19 more than $18 for State background checks; 

20 ‘‘(C) the designation of the authorized 

21 agencies that may receive national criminal his22 tory background check requests from qualified 

23 entities; and 

24 ‘‘(D) the designation of the qualified enti25 ties that shall submit background check re26 quests to an authorized agency; 
66

•S 22 IS 

1 ‘‘(10B) the term ‘routinely’ means—

2 ‘‘(A) instances where 85 percent or more 

3 of nationwide background check requests are 

4 returned to qualified entities within 20 business 

5 days; or 

6 ‘‘(B) instances where 90 percent or more 

7 of nationwide background check requests are 

8 returned to qualified entities within 30 business 

9 days; and’’. 

10 SEC. 2153. STRENGTHENING AND ENFORCING THE NA11 TIONAL CHILD PROTECTION ACT AND THE 

12 VOLUNTEERS FOR CHILDREN ACT. 

13 Section 3 of the National Child Protection Act of 

14 1993 (42 U.S.C. 5119a) is amended—

15 (1) in subsection (a)—

16 (A) in paragraph (1)—

17 (i) by striking ‘‘A State may’’ and in18 serting the following: ‘‘REQUEST.—A State 

19 may’’; 

20 (ii) by inserting after ‘‘procedures’’ 

21 the following: ‘‘meeting the guidelines set 

22 forth in subsection (b)’’; 

23 (iii) by inserting after ‘‘regulation)’’ 

24 the following: ‘‘or a qualified State pro25 gram’’; and 
67

•S 22 IS 

1 (iv) by striking ‘‘convicted of’’ and all 

2 that follows through the period and insert3 ing ‘‘convicted of, or is under pending ar4 rest or indictment for, a crime that renders 

5 the provider unfit to provide care to chil6 dren, the elderly, or individuals with dis7 abilities.’’; 

8 (B) in paragraph (2)—

9 (i) by striking ‘‘The authorized agen10 cy’’ and inserting the following: ‘‘RE11 SPONSE.—The authorized agency’’; 

12 (ii) by striking ‘‘make reasonable ef13 forts to’’; 

14 (iii) by striking ‘‘15’’ and inserting 

15 ‘‘20’’; and 

16 (iv) by adding at the end the fol17 lowing: ‘‘The Attorney General shall re18 spond to the inquiry of the State author19 ized agency within 15 business days of the 

20 request. A State is not in violation of this 

21 section if the Attorney General fails to re22 spond to the inquiry within 15 business 

23 days of the request.’’; and 

24 (C) by striking paragraph (3), and insert25 ing the following: 
68

•S 22 IS 

1 ‘‘(3) ABSENCE OF QUALIFIED STATE PRO2 GRAM.—

3 ‘‘(A) REQUEST.—Not later than 12 

4 months after the date of enactment of the Na5 tional Child Protection and Volunteers for Chil6 dren Improvement Act of 2002, a qualified enti7 ty doing business in a State that does not have 

8 a qualified State program may request a na9 tional criminal background check from the At10 torney General for the purpose of determining 

11 whether a provider has been convicted of, or is 

12 under pending arrest or indictment for, a crime 

13 that renders the provider unfit to provide care 

14 to children, the elderly, or individuals with dis15 abilities. 

16 ‘‘(B) REVIEW AND RESPONSE.—The Attor17 ney General shall respond to the request of a 

18 qualified entity made under subparagraph (A) 

19 not later than 20 business days after the re20 quest is made.’’; and 

21 (2) in subsection (b)—

22 (A) in paragraph (4), by striking ‘‘shall 

23 make’’ and inserting ‘‘may make’’; and 

24 (B) in paragraph (5)—
69

•S 22 IS 

1 (i) by inserting after ‘‘qualified enti2 ty’’ the following: ‘‘or by a State author3 ized agency that disseminates criminal his4 tory records information directly to quali5 fied entities’’; and 

6 (ii) by striking ‘‘pursuant to sub7 section (a)(3)’’. 

8 SEC. 2154. DISSEMINATION OF INFORMATION. 

9 The National Child Protection Act of 1993 (42 

10 U.S.C. 5119 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 6. DISSEMINATION OF INFORMATION. 

13 ‘‘Notwithstanding any other provision of law, the At14 torney General and authorized agencies of States may dis15 seminate criminal history background check record infor16 mation to a qualified entity. 

17 ‘‘SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER SCREEN18 ING. 

19 ‘‘(a) IN GENERAL.—The Attorney General shall es20 tablish an Office for Volunteer and Provider Screening 

21 (referred to in this Act as the ‘Office’) which shall serve 

22 as a point of contact for qualified entities to request a 

23 national criminal background check pursuant to section 

24 3(a)(3). 
70

•S 22 IS 

1 ‘‘(b) MODEL GUIDELINES.—The Office shall provide 

2 model guidelines concerning standards to guide qualified 

3 entities in making fitness determinations regarding care 

4 providers based upon the criminal history record informa5 tion of those providers.’’. 

6 SEC. 2155. FEES. 

7 Section 3(e) of the National Child Protection Act of 

8 1993 (42 U.S.C. 5119a(e)) is amended—

9 (1) by striking ‘‘In the case’’ and inserting the 

10 following: 

11 ‘‘(1) IN GENERAL.—In the case’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(2) VOLUNTEER WITH QUALIFIED ENTITY.—

14 In the case of a national criminal fingerprint back15 ground check conducted pursuant to section 3(a)(3) 

16 on a person who volunteers with a qualified entity, 

17 the fee collected by the Federal Bureau of Investiga18 tion shall not exceed $5.

19 ‘‘(3) PROVIDER.—In the case of a national 

20 criminal fingerprint background check on a provider 

21 who is employed by or applies for a position with a 

22 qualified entity, the fee collected by the Federal Bu23 reau of Investigation shall not exceed $18.’’. 
71

•S 22 IS 

1 SEC. 2156. STRENGTHENING STATE FINGERPRINT TECH2 NOLOGY. 

3 (a) ESTABLISHMENT OF MODEL PROGRAM IN EACH

4 STATE TO STRENGTHEN CRIMINAL DATA REPOSITORIES

5 AND FINGERPRINT TECHNOLOGY.—The Attorney General 

6 shall establish a model program in each State and the Dis7 trict of Columbia for the purpose of improving 

8 fingerprinting technology which shall grant to each State 

9 funds to either—

10 (1) purchase Live-Scan fingerprint technology 

11 and a State-vehicle to make such technology mobile 

12 and these mobile units shall be used to travel within 

13 the State to assist in the processing of fingerprint 

14 background checks; or 

15 (2) purchase electric fingerprint imaging ma16 chines for use throughout the State to send finger17 print images to the Attorney General to conduct 

18 background checks. 

19 (b) ADDITIONAL FUNDS.—In addition to funds pro20 vided in subsection (a), funds shall be provided to each 

21 State and the District of Columbia to hire personnel to 

22 provide information and training to each county law en23 forcement agency within the State regarding all require24 ments for input of criminal and disposition data into the 

25 national criminal history background check system under 
72

•S 22 IS 

1 the National Child Protection Act of 1993 (42 U.S.C. 

2 5119 et seq.). 

3 (c) FUNDING ELIGIBILITY.—States with a qualified 

4 State program shall be eligible for not more than 

5 $2,000,000 under this section. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—

7 (1) IN GENERAL.—There is authorized to be 

8 appropriated to carry out this section sums suffi9 cient to improve fingerprint technology units and 

10 hire data entry improvement personnel in each of 

11 the 50 States and the District of Columbia for each 

12 of fiscal years 2003 through 2008. 

13 (2) AVAILABILITY.—Sums appropriated in ac14 cordance with this section shall remain available 

15 until expended. 

16 SEC. 2157. PRIVACY PROTECTIONS. 

17 (a) INFORMATION.—Information derived as a result 

18 of a national criminal fingerprint background check re19 quest under section 3 of the National Child Protection Act 

20 of 1993 (42 U.S.C. 5119a) shall not be adjusted, deleted, 

21 or altered in any way except as required by law for na22 tional security purposes. 

23 (b) DESIGNATED REPRESENTATIVE.—

24 (1) IN GENERAL.—Each qualified entity (as de25 fined in section 5 of the National Child Protection 
73

•S 22 IS 

1 Act of 1993 (42 U.S.C. 5119c)) shall assign a rep2 resentative in their respective organization to receive 

3 and process information requested under section 3 of 

4 the National Child Protection Act of 1993 (42 

5 U.S.C. 5119a). 

6 (2) DELETION OF INFORMATION.—Each rep7 resentative assigned under paragraph (1) shall re8 view the requested information and delete all infor9 mation that is not needed by the requesting entity 

10 in making an employment decision. 

11 (c) CRIMINAL PENALTIES.—Any person who know12 ingly releases information derived as a result of a national 

13 criminal fingerprint background check to any person other 

14 than the hiring authority or organizational leadership with 

15 the qualified entity shall be—

16 (1) fined $50,000 for each violation; or 

17 (2) imprisoned not more than 1 year. 

18 SEC. 2158. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—There is authorized to be appro20 priated to carry out this part—

21 (1) $100,000,000 for fiscal years 2003 and 

22 2004; and 

23 (2) such sums as may be necessary for each of 

24 fiscal years 2005 through 2008. 
74

•S 22 IS 

1 (b) AVAILABILITY OF FUNDS.—Sums appropriated in 

2 accordance with this section shall remain available until 

3 expended. 

4 PART 5—CHILDREN’S CONFINEMENT 

5 CONDITIONS IMPROVEMENT 

6 SEC. 2161. FINDINGS. 

7 Congress finds that—

8 (1) recent studies have established that youth 

9 are developmentally different from adults, and these 

10 developmental differences need to be taken into ac11 count at all stages and in all aspects of the adult 

12 criminal justice system; 

13 (2) pretrial release or detention of juveniles 

14 awaiting trial in adult criminal court should only 

15 occur after consideration of their special characteris16 tics and the nature of their offenses; 

17 (3)(A) if detained or incarcerated, juveniles 

18 under the jurisdiction of an adult criminal court 

19 should be housed in institutions or facilities separate 

20 from adult facilities until their eighteenth birthday; 

21 and 

22 (B) those juveniles should not have sight or 

23 sound contact with adult inmates; 

24 (4) juveniles detained or incarcerated under the 

25 jurisdiction of an adult criminal court should be pro-
75

•S 22 IS 

1 vided access to programs that address their edu2 cational, substance abuse treatment, health, mental 

3 health, and vocational needs; 

4 (5) juveniles detained or incarcerated under the 

5 jurisdiction of an adult criminal court should be pro6 vided with the mechanisms to report instances of 

7 physical, mental, or psychological abuse or intimida8 tion, and allegations of such abuse or intimidation 

9 should be promptly investigated, and if proven cor10 rect, should be properly remedied; 

11 (6) transfer to and sentencing of juveniles in 

12 the adult criminal court system should be based on 

13 consideration of the individual characteristics of the 

14 juvenile and the nature of the offense committed; 

15 (7) according to recent studies, juveniles who 

16 are placed in adult facilities are more likely to com17 mit future crimes; 

18 (8) housing juveniles with, or in close proximity 

19 to, adult inmates creates difficulties and potentially 

20 unsafe conditions for jail and prison personnel, and 

21 juveniles and adult inmates, since many adult jails

22 and prisons lack the physical structure, program23 ming, and trained personnel to manage juveniles ef24 fectively; 
76

•S 22 IS 

1 (9) according to the Department of Justice, the 

2 suicide rate for juveniles in adult jails is nearly 8 

3 times higher than the rate in juvenile detention, and 

4 the highest rate of suicide in jail occurs during the 

5 first 24 hours of commitment; 

6 (10) according to the Department of Justice, 

7 juveniles in adult facilities are 5 times more likely to 

8 be sexually assaulted, twice as likely to be beaten by 

9 staff, and 50 percent more likely to be attacked with 

10 a weapon than adolescents in a juvenile facility; and 

11 (11) rural States and economically depressed 

12 communities have pronounced difficulties in pro13 viding secure custody for juvenile offenders apart 

14 from adult inmates. 

15 SEC. 2162. PURPOSE. 

16 The purpose of this part is to provide incentives and 

17 funding assistance for States to reduce dangerous and un18 safe conditions in the detention and incarceration of juve19 nile offenders under the jurisdiction of an adult criminal 

20 court, including separating those juvenile offenders from 

21 adult prisoners and ensuring that corrections officers who 

22 supervise them receive training in supervision issues 

23 unique to juveniles. 
77

•S 22 IS 

1 SEC. 2163. DEFINITION. 

2 In this part, the term ‘‘juvenile’’ means an individual 

3 who has not reached the age of 18. 

4 SEC. 2164. JUVENILE SAFE INCARCERATION GRANT PRO5 GRAM. 

6 (a) GRANT AUTHORITY.—The Assistant Attorney 

7 General for the Office of Justice Programs, established 

8 under section 101 of title I of the Omnibus Crime Control 

9 and Safe Streets Act of 1968, in consultation with the Of10 fice of Juvenile Justice and Delinquency Prevention, may 

11 make grants to States, units of local government, and In12 dian tribes for the development and implementation of 

13 programs designed to—

14 (1) alter existing correctional facilities, or de15 velop separate facilities, to provide separate facilities 

16 for juveniles who are detained or are serving sen17 tences in adult prisons or jails under the jurisdiction 

18 of an adult criminal court; 

19 (2) provide correctional staff who are respon20 sible for supervising juveniles who are detained or 

21 are serving sentences in adult prisons or jails under 

22 the jurisdiction of an adult criminal court with ori23 entation and ongoing training to address the devel24 opmental, educational, vocational, and mental and 

25 physical health needs of those offenders; 
78

•S 22 IS 

1 (3) provide ombudsmen to monitor the treat2 ment of juveniles who are detained or are serving 

3 sentences in adult prisons or jails under the jurisdic4 tion of an adult criminal court; 

5 (4) provide access to educational programs, vo6 cational training, mental and physical health assess7 ment and treatment, and drug treatment for juve8 niles who are serving sentences under the jurisdic9 tion of an adult criminal court; or 

10 (5) seek alternatives, including the expansion of 

11 juvenile facilities, to housing juveniles under the ju12 risdiction of an adult criminal court with adult in13 mates. 

14 (b) ADMINISTRATION.—

15 (1) GUIDELINES.—The Assistant Attorney Gen16 eral may issue guidelines necessary to carry out this 

17 section. 

18 (2) APPLICATIONS.—In addition to any other 

19 requirements that may be specified by the Assistant 

20 Attorney General, an application for a grant under 

21 this section shall—

22 (A) include a detailed implementation plan 

23 addressing each of the purposes in subsection 

24 (a) and a timeline for the implementation of 

25 those purposes; 
79

•S 22 IS 

1 (B) address the capability of the applicant 

2 to continue the proposed program following the 

3 conclusion of Federal support; 

4 (C) describe the methodology that will be 

5 used in evaluating the program; and 

6 (D) certify that the State applicant (or the 

7 State in which the applicant is located) has de8 veloped guidelines on the use of isolation and 

9 separation and on the appropriate use of force 

10 against incarcerated juveniles, and has prohib11 ited the use of electroshock devices, 4-point re12 straints, chemical restraints, and restraint 

13 chairs. 

14 (c) APPLICATIONS.—

15 (1) IN GENERAL.—To request funds under this 

16 section, applicants shall submit an application to the 

17 Assistant Attorney General in such form and con18 taining such information as the Assistant Attorney 

19 General may reasonably require. 

20 (2) COMPETITIVE GRANTS.—Funding under 

21 this section shall be awarded on a competitive basis 

22 based on criteria established by the Assistant Attor23 ney General and specified in program guidelines. 

24 (d) FEDERAL SHARE.—
80

•S 22 IS 

1 (1) IN GENERAL.—The Federal share of a 

2 grant made under this section may not exceed 75 

3 percent of the total cost of the program described in 

4 the application submitted for the fiscal year for 

5 which the program receives assistance under sub6 section (a), unless the Assistant Attorney General 

7 waives, wholly or in part, the requirement of a 

8 matching contribution under this subsection. 

9 (2) IN-KIND CONTRIBUTIONS.—In-kind con10 tributions may constitute a portion of the non-Fed11 eral share of a grant under this section. 

12 (e) GEOGRAPHIC DISTRIBUTION.— 

13 (1) IN GENERAL.—The Assistant Attorney Gen14 eral shall ensure that, to the extent practicable, an 

15 equitable geographic distribution of grant awards 

16 under this section is made, with rural representa17 tion. 

18 (2) MINIMUM ALLOCATION.—Unless all eligible 

19 applications submitted by any State or unit of local 

20 government within such State for a grant under this 

21 section have been funded, that State, together with 

22 grantees within the State, shall be allocated in each 

23 fiscal year not less than 0.75 percent of the total

24 amount appropriated in the fiscal year for grants 

25 under this section. 
81

•S 22 IS 

1 (3) INDIAN TRIBES.—Indian tribes shall receive 

2 0.75 percent of the total amount appropriated in the 

3 fiscal year for grants under this section. 

4 (f) TECHNICAL ASSISTANCE, TRAINING, AND EVAL5 UATION.—

6 (1) TECHNICAL ASSISTANCE AND TRAINING.—

7 The Assistant Attorney General may provide tech8 nical assistance and training in furtherance of the 

9 purposes of this section. 

10 (2) EVALUATION.—In addition to any evalua11 tion requirements that may be prescribed for grant12 ees, the Assistant Attorney General may carry out 

13 or make arrangements for a rigorous evaluation of 

14 the programs that receive support under this sec15 tion. 

16 (3) ADMINISTRATION.—The technical assist17 ance, training, and evaluations authorized by this 

18 subsection may be carried out directly by the Assist19 ant Attorney General or through grants, contracts, 

20 or cooperative arrangements with other entities. 

21 (g) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated to carry out this section such sums as 

24 may be necessary for fiscal years 2003 through 

25 2007. 
82

•S 22 IS 

1 (2) PERMANENT SET-ASIDE FOR RESEARCH

2 AND EVALUATION.—The Assistant Attorney General 

3 shall reserve not less than 1 percent and not more 

4 than 3 percent of the sums appropriated under this 

5 subsection in each fiscal year for research and eval6 uation of this program. 

7 SEC. 2165. RURAL STATE FUNDING. 

8 (a) IN GENERAL.—The Assistant Attorney General, 

9 in consultation with the Office of Juvenile Justice and De10 linquency Prevention, shall provide grants to provide cus11 todial facilities appropriate for violent juvenile offenders 

12 in rural States and economically distressed communities 

13 that lack the resources to provide secure custody. 

14 (b) DEFINITION OF RURAL STATE.—In this section, 

15 the term ‘‘rural State’’ has the same meaning as in section 

16 1501(b) of the Omnibus Crime Control and Safe Streets 

17 Act of 1968 (42 U.S.C. 3796bb(B)). 

18 (c) EQUITABLE ALLOCATION OF AWARDS.—In mak19 ing awards under subsection (a), the Assistant Attorney 

20 General shall ensure that the awards are equitably allo21 cated among the principal geographic regions of the 

22 United States, subject to the availability of qualified appli23 cants for the awards. 

24 (d) EVALUATIONS; DISSEMINATION OF FINDINGS.—
83

•S 22 IS 

1 (1) EVALUATIONS.—The Assistant Attorney 

2 General shall, directly or through contract, provide 

3 for the conduct of evaluations of programs carried 

4 out pursuant to subsection (a). 

5 (2) DISSEMINATION OF FINDINGS.—The Assist6 ant Attorney General shall disseminate the findings 

7 made as a result of the evaluation to the States and 

8 the Committees on the Judiciary of the Senate and 

9 the House of Representatives. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 $20,000,000 for each of the fiscal years 2003 through 

13 2006. 

14 SEC. 2166. GAO STUDY. 

15 Not later than 1 year after the date of enactment 

16 of this part, the General Accounting Office shall conduct 

17 a study and report to the Committees of the Judiciary 

18 of the House of Representatives and the Senate on the 

19 prevalence and effects of the use of electroshock weapons, 

20 4-point restraints, chemical restraints, restraint chairs, 

21 and solitary confinement against juvenile offenders in the 

22 Federal and State criminal and juvenile corrections sys23 tems. 
84

•S 22 IS 

1 SEC. 2167. FAMILY UNITY DEMONSTRATION PROJECT. 

2 Section 31904(a) of the Family Unity Demonstration 

3 Project Act (42 U.S.C. 13883(a)) is amended by striking 

4 paragraphs (1) through (5) and inserting the following: 

5 ‘‘(1) $5,400,000 for fiscal years 2003 and 

6 2004; and 

7 ‘‘(2) such sums as may be necessary for each 

8 of fiscal years 2005 through 2007.’’. 

9 Subtitle B—Senior’s Safety 

10 SEC. 2201. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Seniors Safety Act 

12 of 2003’’. 

13 SEC. 2202. FINDINGS AND PURPOSES. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) The number of older Americans is rapidly 

17 growing in the United States. According to the 2000 

18 census, 21 percent of the United States population 

19 is 55 years of age or older. 

20 (2) In 1997, 7 percent of victims of serious vio21 lent crime were 50 years of age or older. 

22 (3) In 1997, 17.7 percent of murder victims 

23 were 55 years of age or older. 

24 (4) According to the Department of Justice, 

25 persons 65 years of age and older experienced ap-
85

•S 22 IS 

1 proximately 2,700,000 crimes a year between 1992 

2 and 1997. 

3 (5) Older victims of violent crime are almost 

4 twice as likely as younger victims to be raped, 

5 robbed, or assaulted at or in their own homes. 

6 (6) Approximately half of all Americans who 

7 are 50 years of age or older are afraid to walk alone 

8 at night in their own neighborhoods. 

9 (7) Seniors over 50 years of age reportedly ac10 count for 37 percent of the estimated 

11 $40,000,000,000 in losses each year due to tele12 marketing fraud. 

13 (8) A 1996 American Association of Retired 

14 Persons survey of people 50 years of age and older 

15 showed that 57 percent were likely to receive calls 

16 from telemarketers at least once a week. 

17 (9) In 1998, Congress enacted legislation to 

18 provide for increased penalties for telemarketing 

19 fraud that targets seniors. 

20 (10) It has been estimated that—

21 (A) approximately 43 percent of persons 

22 turning 65 years of age can expect to spend 

23 some time in a long-term care facility; and 

24 (B) approximately 20 percent can expect 

25 to spend 5 years or more in a such a facility. 
86

•S 22 IS 

1 (11) In 1997, approximately $82,800,000,000 

2 was spent on nursing home care in the United 

3 States and over half of this amount was spent by the 

4 Medicaid and Medicare programs. 

5 (12) Losses to fraud and abuse in health care 

6 reportedly cost the United States an estimated 

7 $100,000,000,000 in 1996. 

8 (13) The Inspector General for the Department 

9 of Health and Human Services has estimated that 

10 about $12,600,000,000 in improper Medicare benefit 

11 payments, due to inadvertent mistake, fraud, and 

12 abuse were made during fiscal year 1998. 

13 (14) Incidents of health care fraud and abuse 

14 remain common despite awareness of the problem. 

15 (b) PURPOSES.—The purposes of this subtitle are 

16 to—

17 (1) combat nursing home fraud and abuse; 

18 (2) enhance safeguards for pension plans and 

19 health care programs; 

20 (3) develop strategies for preventing and pun21 ishing crimes that target or otherwise disproportion22 ately affect seniors by collecting appropriate data—

23 (A) to measure the extent of crimes com24 mitted against seniors; and 
87

•S 22 IS 

1 (B) to determine the extent of domestic 

2 and elder abuse of seniors; and 

3 (4) prevent and deter criminal activity, such as 

4 telemarketing fraud, that results in economic and 

5 physical harm against seniors, and ensure appro6 priate restitution. 

7 SEC. 2203. DEFINITIONS. 

8 In this subtitle: 

9 (1) CRIME.—The term ‘‘crime’’ means any 

10 criminal offense under Federal or State law. 

11 (2) NURSING HOME.—The term ‘‘nursing 

12 home’’ means any institution or residential care fa13 cility defined as such for licensing purposes under 

14 State law, or if State law does not employ the term 

15 nursing home, the equivalent term or terms as deter16 mined by the Secretary of Health and Human Serv17 ices, pursuant to section 1908(e) of the Social Secu18 rity Act (42 U.S.C. 1396g(e)).

19 (3) SENIOR.—The term ‘‘senior’’ means an in20 dividual who is more than 55 years of age.

21 PART 1—COMBATING CRIMES AGAINST SENIORS 

22 SEC. 2211. ENHANCED SENTENCING PENALTIES BASED ON 

23 AGE OF VICTIM. 

24 (a) DIRECTIVE TO THE UNITED STATES SEN25 TENCING COMMISSION.—Pursuant to its authority under 
88

•S 22 IS 

1 section 994(p) of title 28, United States Code, and in ac2 cordance with this section, the United States Sentencing 

3 Commission (referred to in this section as the ‘‘Commis4 sion’’) shall review and, if appropriate, amend section 

5 3A1.1(a) of the Federal sentencing guidelines to include 

6 the age of a crime victim as one of the criteria for deter7 mining whether the application of a sentencing enhance8 ment is appropriate. 

9 (b) REQUIREMENTS.—In carrying out this section, 

10 the Commission shall—

11 (1) ensure that the Federal sentencing guide12 lines and the policy statements of the Commission 

13 reflect the serious economic and physical harms as14 sociated with criminal activity targeted at seniors 

15 due to their particular vulnerability; 

16 (2) consider providing increased penalties for 

17 persons convicted of offenses in which the victim was 

18 a senior in appropriate circumstances; 

19 (3) consult with individuals or groups rep20 resenting seniors, law enforcement agencies, victims 

21 organizations, and the Federal judiciary as part of 

22 the review described in subsection (a); 

23 (4) ensure reasonable consistency with other 

24 Federal sentencing guidelines and directives;
89

•S 22 IS 

1 (5) account for any aggravating or mitigating 

2 circumstances that may justify exceptions, including 

3 circumstances for which the Federal sentencing 

4 guidelines provide sentencing enhancements; 

5 (6) make any necessary conforming changes to 

6 the Federal sentencing guidelines; and 

7 (7) ensure that the Federal sentencing guide8 lines adequately meet the purposes of sentencing set 

9 forth in section 3553(a)(2) of title 18, United States 

10 Code. 

11 (c) REPORT.—Not later than December 31, 2003, the 

12 Commission shall submit to Congress a report on issues 

13 relating to the age of crime victims, which shall include— 

14 (1) an explanation of any changes to sentencing 

15 policy made by the Commission under this section; 

16 and 

17 (2) any recommendations of the Commission for 

18 retention or modification of penalty levels, including 

19 statutory penalty levels, for offenses involving sen20 iors. 

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

22 SENTENCES. 

23 (a) DIRECTIVE TO THE UNITED STATES SEN24 TENCING COMMISSION.—Pursuant to its authority under 

25 section 994(p) of title 28, United States Code, and in ac-
90

•S 22 IS 

1 cordance with this section, the United States Sentencing 

2 Commission (referred to in this section as the ‘‘Commis3 sion’’) shall review and, if appropriate, amend the Federal 

4 sentencing guidelines and the policy statements of the 

5 Commission with respect to persons convicted of offenses 

6 involving fraud in connection with a health care benefit 

7 program (as defined in section 24(b) of title 18, United 

8 States Code). 

9 (b) REQUIREMENTS.—In carrying out this section, 

10 the Commission shall—

11 (1) ensure that the Federal sentencing guide12 lines and the policy statements of the Commission 

13 reflect the serious harms associated with health care 

14 fraud and the need for aggressive and appropriate 

15 law enforcement action to prevent such fraud; 

16 (2) consider providing increased penalties for 

17 persons convicted of health care fraud in appropriate 

18 circumstances; 

19 (3) consult with individuals or groups rep20 resenting victims of health care fraud, law enforce21 ment agencies, the health care industry, and the 

22 Federal judiciary as part of the review described in 

23 subsection (a); 

24 (4) ensure reasonable consistency with other 

25 Federal sentencing guidelines and directives; 
91

•S 22 IS 

1 (5) account for any aggravating or mitigating 

2 circumstances that might justify exceptions, includ3 ing circumstances for which the Federal sentencing 

4 guidelines provide sentencing enhancements; 

5 (6) make any necessary conforming changes to 

6 the Federal sentencing guidelines; and 

7 (7) ensure that the Federal sentencing guide8 lines adequately meet the purposes of sentencing as 

9 set forth in section 3553(a)(2) of title 18, United 

10 States Code. 

11 (c) REPORT.—Not later than December 31, 2003, the 

12 Commission shall submit to Congress a report on issues 

13 relating to offenses described in subsection (a), which shall 

14 include— 

15 (1) an explanation of any changes to sentencing 

16 policy made by the Commission under this section; 

17 and 

18 (2) any recommendations of the Commission for 

19 retention or modification of penalty levels, including 

20 statutory penalty levels, for those offenses. 

21 SEC. 2213. INCREASED PENALTIES FOR FRAUD RESULTING 

22 IN SERIOUS INJURY OR DEATH. 

23 Sections 1341 and 1343 of title 18, United States 

24 Code, are each amended by inserting before the last sen25 tence the following: ‘‘If the violation results in serious bod-
92

•S 22 IS 

1 ily injury (as defined in section 1365), such person shall 

2 be fined under this title, imprisoned not more than 20 

3 years, or both, and if the violation results in death, such 

4 person shall be fined under this title, imprisoned for any 

5 term of years or life, or both.’’. 

6 SEC. 2214. SAFEGUARDING PENSION PLANS FROM FRAUD 

7 AND THEFT. 

8 (a) IN GENERAL.—Chapter 63 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 1348. Fraud in relation to retirement arrange12 ments 

13 ‘‘(a) DEFINITION.—

14 ‘‘(1) RETIREMENT ARRANGEMENT.—In this 

15 section, the term ‘retirement arrangement’ means—

16 ‘‘(A) any employee pension benefit plan 

17 subject to any provision of title I of the Em18 ployee Retirement Income Security Act of 1974; 

19 ‘‘(B) any qualified retirement plan within 

20 the meaning of section 4974(c) of the Internal 

21 Revenue Code of 1986; 

22 ‘‘(C) any medical savings account de23 scribed in section 220 of the Internal Revenue 

24 Code of 1986; or 
93

•S 22 IS 

1 ‘‘(D) a fund established within the Thrift 

2 Savings Fund by the Federal Retirement Thrift 

3 Investment Board pursuant to subchapter III of 

4 chapter 84 of title 5. 

5 ‘‘(2) CERTAIN ARRANGEMENTS INCLUDED.—

6 The term ‘retirement arrangement’ shall include any 

7 arrangement that has been represented to be an ar8 rangement described in any subparagraph of para9 graph (1) (whether or not so described). 

10 ‘‘(3) EXCEPTION FOR GOVERNMENTAL PLAN.—

11 Except as provided in paragraph (1)(D), the term 

12 ‘retirement arrangement’ shall not include any gov13 ernmental plan (as defined in section 3(32) of title 

14 I of the Employee Retirement Income Security Act 

15 of 1974 (29 U.S.C. 1002(32))). 

16 ‘‘(b) PROHIBITION AND PENALTIES.—Whoever exe17 cutes, or attempts to execute, a scheme or artifice—

18 ‘‘(1) to defraud any retirement arrangement or 

19 other person in connection with the establishment or 

20 maintenance of a retirement arrangement; or 

21 ‘‘(2) to obtain, by means of false or fraudulent 

22 pretenses, representations, or promises, any of the 

23 money or property owned by, or under the custody 

24 or control of, any retirement arrangement or other 
94

•S 22 IS 

1 person in connection with the establishment or main2 tenance of a retirement arrangement;

3 shall be fined under this title, imprisoned not more than 

4 10 years, or both. 

5 ‘‘(c) ENFORCEMENT.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 the Attorney General may investigate any violation 

8 of, and otherwise enforce, this section. 

9 ‘‘(2) EFFECT ON OTHER AUTHORITY.—Nothing 

10 in this subsection may be construed to preclude the 

11 Secretary of Labor or the head of any other appro12 priate Federal agency from investigating a violation 

13 of this section in relation to a retirement arrange14 ment subject to title I of the Employee Retirement 

15 Income Security Act of 1974 (29 U.S.C. 1001 et 

16 seq.) or any other provision of Federal law.’’. 

17 (b) TECHNICAL AMENDMENT.—Section 24(a)(1) of 

18 title 18, United States Code, is amended by inserting 

19 ‘‘1348,’’ after ‘‘1347,’’. 

20 (c) CONFORMING AMENDMENT.—The analysis for 

21 chapter 63 of title 18, United States Code, is amended 

22 by adding at the end the following:

‘‘1348. Fraud in relation to retirement arrangements.’’.

23 SEC. 2215. ADDITIONAL CIVIL PENALTIES FOR DEFRAUD24 ING PENSION PLANS. 

25 (a) IN GENERAL.—
95

•S 22 IS 

1 (1) ACTION BY ATTORNEY GENERAL.—Except 

2 as provided in subsection (b)— 

3 (A) the Attorney General may bring a civil 

4 action in the appropriate district court of the 

5 United States against any person who engages 

6 in conduct constituting an offense under section 

7 1348 of title 18, United States Code, or con8 spiracy to violate such section 1348; and 

9 (B) upon proof of such conduct by a pre10 ponderance of the evidence, such person shall 

11 be subject to a civil penalty in an amount equal 

12 to the greatest of—

13 (i) the amount of pecuniary gain to 

14 that person; 

15 (ii) the amount of pecuniary loss sus16 tained by the victim; or 

17 (iii) not more than— 

18 (I) $50,000 for each such viola19 tion in the case of an individual; or 

20 (II) $100,000 for each such vio21 lation in the case of a person other 

22 than an individual. 

23 (2) NO EFFECT ON OTHER REMEDIES.—The 

24 imposition of a civil penalty under this subsection 

25 does not preclude any other statutory, common law,
96

•S 22 IS 

1 or administrative remedy available by law to the 

2 United States or any other person. 

3 (b) EXCEPTION.—No civil penalty may be imposed 

4 pursuant to subsection (a) with respect to conduct involv5 ing a retirement arrangement that— 

6 (1) is an employee pension benefit plan subject 

7 to title I of the Employee Retirement Income Secu8 rity Act of 1974; and 

9 (2) for which the civil penalties may be imposed 

10 under section 502 of the Employee Retirement In11 come Security Act of 1974 (29 U.S.C. 1132). 

12 (c) DETERMINATION OF PENALTY AMOUNT.—In de13 termining the amount of the penalty under subsection (a), 

14 the district court may consider the effect of the penalty 

15 on the violator or other person’s ability to—

16 (1) restore all losses to the victims; or 

17 (2) provide other relief ordered in another civil 

18 or criminal prosecution related to such conduct, in19 cluding any penalty or tax imposed on the violator 

20 or other person pursuant to the Internal Revenue 

21 Code of 1986. 

22 SEC. 2216. PUNISHING BRIBERY AND GRAFT IN CONNEC23 TION WITH EMPLOYEE BENEFIT PLANS. 

24 (a) IN GENERAL.—Section 1954 of title 18, United 

25 States Code, is amended to read as follows: 
97

•S 22 IS 

1 ‘‘§ 1954. Bribery and graft in connection with em2 ployee benefit plans 

3 ‘‘(a) DEFINITIONS.—In this section— 

4 ‘‘(1) the term ‘employee benefit plan’ means 

5 any employee welfare benefit plan or employee pen6 sion benefit plan subject to any provision of title I 

7 of the Employee Retirement Income Security Act of 

8 1974; 

9 ‘‘(2) the terms ‘employee organization’, ‘admin10 istrator’, and ‘employee benefit plan sponsor’ mean 

11 any employee organization, administrator, or plan 

12 sponsor, as defined in title I of the Employment Re13 tirement Income Security Act of 1974; and

14 ‘‘(3) the term ‘applicable person’ means—

15 ‘‘(A) an administrator, officer, trustee, 

16 custodian, counsel, agent, or employee of any 

17 employee benefit plan; 

18 ‘‘(B) an officer, counsel, agent, or em19 ployee of an employer or an employer any of 

20 whose employees are covered by such plan; 

21 ‘‘(C) an officer, counsel, agent, or em22 ployee of an employee organization any of 

23 whose members are covered by such plan; 

24 ‘‘(D) a person who, or an officer, counsel, 

25 agent, or employee of an organization that, pro26 vides benefit plan services to such plan; or 
98

•S 22 IS 

1 ‘‘(E) a person with actual or apparent in2 fluence or decisionmaking authority in regard 

3 to such plan. 

4 ‘‘(b) BRIBERY AND GRAFT.—Whoever—

5 ‘‘(1) being an applicable person, receives or 

6 agrees to receive or solicits, any fee, kickback, com7 mission, gift, loan, money, or thing of value, person8 ally or for any other person, because of or with the 

9 intent to be corruptly influenced with respect to any 

10 action, decision, or duty of that applicable person re11 lating to any question or matter concerning an em12 ployee benefit plan; 

13 ‘‘(2) directly or indirectly, gives or offers, or 

14 promises to give or offer, any fee, kickback, commis15 sion, gift, loan, money, or thing of value, to any ap16 plicable person, because of or with the intent to be 

17 corruptly influenced with respect to any action, deci18 sion, or duty of that applicable person relating to 

19 any question or matter concerning an employee ben20 efit plan; or

21 ‘‘(3) attempts to give, accept, or receive any 

22 thing of value with the intent to be corruptly influ23 enced in violation of this section; 

24 shall be fined under this title, imprisoned not more than 

25 5 years, or both. 
99

•S 22 IS 

1 ‘‘(c) EXCEPTIONS.—Nothing in this section may be 

2 construed to apply to any— 

3 ‘‘(1) payment to, or acceptance by, any person 

4 of bona fide salary, compensation, or other payments 

5 made for goods or facilities actually furnished or for 

6 services actually performed in the regular course of 

7 his duties as an applicable person; or 

8 ‘‘(2) payment to, or acceptance in good faith 

9 by, any employee benefit plan sponsor, or person 

10 acting on behalf of the sponsor, of anything of value 

11 relating to the decision or action of the sponsor to 

12 establish, terminate, or modify the governing instru13 ments of an employee benefit plan in a manner that 

14 does not violate—

15 ‘‘(A) title I of the Employee Retirement 

16 Income Security Act of 1974; 

17 ‘‘(B) any regulation or order promulgated 

18 under title I of the Employee Retirement In19 come Security Act of 1974; or 

20 ‘‘(C) any other provision of law governing 

21 the plan.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis for 

23 chapter 95 of title 18, United States Code, is amended 

24 by striking the item relating to section 1954 and inserting 

25 the following:

‘‘1954. Bribery and graft in connection with employee benefit plans.’’.
100

•S 22 IS 

1 PART 2—PREVENTING TELEMARKETING FRAUD 

2 SEC. 2221. CENTRALIZED COMPLAINT AND CONSUMER 

3 EDUCATION SERVICE FOR VICTIMS OF TELE4 MARKETING FRAUD. 

5 (a) CENTRALIZED SERVICE.—

6 (1) REQUIREMENT.—The Federal Trade Com7 mission shall, after consultation with the Attorney 

8 General, establish procedures to—

9 (A) log and acknowledge the receipt of 

10 complaints by individuals who certify that they 

11 have a reasonable belief that they have been the 

12 victim of fraud in connection with the conduct 

13 of telemarketing (as that term is defined in sec14 tion 2325 of title 18, United States Code, as 

15 amended by section 2222(a) of this Act); 

16 (B) provide to individuals described in sub17 paragraph (A), and to any other persons, infor18 mation on telemarketing fraud, including—

19 (i) general information on tele20 marketing fraud, including descriptions of 

21 the most common telemarketing fraud 

22 schemes; 

23 (ii) information on means of referring 

24 complaints on telemarketing fraud to ap25 propriate law enforcement agencies, includ26 ing the Director of the Federal Bureau of
101

•S 22 IS 

1 Investigation, the attorneys general of the 

2 States, and the national toll-free telephone 

3 number on telemarketing fraud established 

4 by the Attorney General; and 

5 (iii) information, if available, on the 

6 number of complaints of telemarketing 

7 fraud against particular companies and 

8 any record of convictions for telemarketing 

9 fraud by particular companies for which a 

10 specific request has been made; and 

11 (C) refer complaints described in subpara12 graph (A) to appropriate entities, including 

13 State consumer protection agencies or entities 

14 and appropriate law enforcement agencies, for 

15 potential law enforcement action. 

16 (2) CENTRAL LOCATION.—The service under 

17 the procedures under paragraph (1) shall be pro18 vided at and through a single site selected by the 

19 Commission for that purpose. 

20 (3) COMMENCEMENT.—The Federal Trade 

21 Commission shall commence carrying out the service 

22 not later than 1 year after the date of enactment of 

23 this Act. 

24 (b) CREATION OF FRAUD CONVICTION DATABASE.—
102

•S 22 IS 

1 (1) ESTABLISHMENT.—The Attorney General 

2 shall establish and maintain a computer database 

3 containing information on the corporations and com4 panies convicted of offenses for telemarketing fraud 

5 under Federal and State law. 

6 (2) DATABASE.—The database established 

7 under paragraph (1) shall include a description of 

8 the type and method of the fraud scheme for which 

9 each corporation or company covered by the data10 base was convicted.

11 (3) USE OF DATABASE.—The Attorney General 

12 shall make information in the database available to 

13 the Federal Trade Commission for purposes of pro14 viding information as part of the service under sub15 section (a). 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated such sums as may be nec18 essary to carry out this section. 

19 SEC. 2222. BLOCKING OF TELEMARKETING SCAMS. 

20 (a) EXPANSION OF SCOPE OF TELEMARKETING

21 FRAUD SUBJECT TO ENHANCED CRIMINAL PENALTIES.—

22 Section 2325(1) of title 18, United States Code, is amend23 ed by striking ‘‘telephone calls’’ and inserting ‘‘wire com24 munications utilizing a telephone service’’. 
103

•S 22 IS 

1 (b) BLOCKING OR TERMINATION OF TELEPHONE

2 SERVICE ASSOCIATED WITH TELEMARKETING FRAUD.—

3 (1) IN GENERAL.—Chapter 113A of title 18, 

4 United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 2328. Blocking or termination of telephone service 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) REASONABLE NOTICE TO THE SUB9 SCRIBER.—

10 ‘‘(A) IN GENERAL.—The term ‘reasonable 

11 notice to the subscriber’, in the case of a sub12 scriber of a common carrier, means any infor13 mation necessary to provide notice to the sub14 scriber that—

15 ‘‘(i) the wire communications facilities 

16 furnished by the common carrier may not 

17 be used for the purpose of transmitting, 

18 receiving, forwarding, or delivering a wire 

19 communication in interstate or foreign 

20 commerce for the purpose of executing any 

21 scheme or artifice to defraud in connection 

22 with the conduct of telemarketing; and 

23 ‘‘(ii) such use constitutes sufficient 

24 grounds for the immediate discontinuance 

25 or refusal of the leasing, furnishing, or 
104

•S 22 IS 

1 maintaining of the facilities to or for the 

2 subscriber. 

3 ‘‘(B) INCLUDED MATTER.—The term in4 cludes any tariff filed by the common carrier 

5 with the Federal Communications Commission 

6 that contains the information specified in sub7 paragraph (A). 

8 ‘‘(2) WIRE COMMUNICATION.—The term ‘wire 

9 communication’ has the same meaning given that 

10 term in section 2510(1). 

11 ‘‘(3) WIRE COMMUNICATIONS FACILITY.—The 

12 term ‘wire communications facility’ means any facil13 ity (including instrumentalities, personnel, and serv14 ices) used by a common carrier for purposes of the 

15 transmission, receipt, forwarding, or delivery of wire 

16 communications. 

17 ‘‘(b) BLOCKING OR TERMINATING TELEPHONE

18 SERVICE.—If a common carrier subject to the jurisdiction 

19 of the Federal Communications Commission is notified in 

20 writing by the Attorney General, acting within the juris21 diction of the Attorney General, that any wire communica22 tions facility furnished by that common carrier is being 

23 used or will be used by a subscriber for the purpose of 

24 transmitting or receiving a wire communication in inter25 state or foreign commerce for the purpose of executing any 
105

•S 22 IS 

1 scheme or artifice to defraud, or for obtaining money or 

2 property by means of false or fraudulent pretenses, rep3 resentations, or promises, in connection with the conduct 

4 of telemarketing, the common carrier shall discontinue or 

5 refuse the leasing, furnishing, or maintaining of the facil6 ity to or for the subscriber after reasonable notice to the 

7 subscriber. 

8 ‘‘(c) PROHIBITION ON DAMAGES.—No damages, pen9 alty, or forfeiture, whether civil or criminal, shall be found 

10 or imposed against any common carrier for any act done 

11 by the common carrier in compliance with a notice re12 ceived from the Attorney General under this section. 

13 ‘‘(d) RELIEF.—

14 ‘‘(1) IN GENERAL.—Nothing in this section 

15 may be construed to prejudice the right of any per16 son affected thereby to secure an appropriate deter17 mination, as otherwise provided by law, in a Federal 

18 court, that—

19 ‘‘(A) the leasing, furnishing, or maintain20 ing of a facility should not be discontinued or 

21 refused under this section; or 

22 ‘‘(B) the leasing, furnishing, or maintain23 ing of a facility that has been so discontinued 

24 or refused should be restored. 
106

•S 22 IS 

1 ‘‘(2) SUPPORTING INFORMATION.—In any ac2 tion brought under this subsection, the court may 

3 direct that the Attorney General present evidence in 

4 support of the notice made under subsection (b) to 

5 which such action relates.’’. 

6 (2) CONFORMING AMENDMENT.—The analysis 

7 for chapter 113A of title 18, United States Code, is 

8 amended by adding at the end the following:

‘‘2328. Blocking or termination of telephone service.’’.

9 PART 3—PREVENTING HEALTH CARE FRAUD 

10 SEC. 2231. INJUNCTIVE AUTHORITY RELATING TO FALSE 

11 CLAIMS AND ILLEGAL KICKBACK SCHEMES 

12 INVOLVING FEDERAL HEALTH CARE PRO13 GRAMS. 

14 (a) IN GENERAL.—Section 1345(a) of title 18, 

15 United States Code, is amended—

16 (1) in paragraph (1)—

17 (A) in subparagraph (B), by striking ‘‘, 

18 or’’ and inserting a semicolon; 

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

20 period at the end and inserting ‘‘; or’’; and 

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

22 ‘‘(D) committing or about to commit an offense 

23 under section 1128B of the Social Security Act (42 

24 U.S.C. 1320a–7b),’’; and
107

•S 22 IS 

1 (2) in paragraph (2), by inserting ‘‘a violation 

2 of paragraph (1)(D), or’’ before ‘‘a banking’’. 

3 (b) CIVIL ACTIONS.—

4 (1) IN GENERAL.—Section 1128B of the Social 

5 Security Act (42 U.S.C. 1320a–7b) is amended by 

6 adding at the end the following: 

7 ‘‘(g) CIVIL ACTIONS.—

8 ‘‘(1) IN GENERAL.—The Attorney General may 

9 bring an action in the appropriate district court of 

10 the United States to impose upon any person who 

11 carries out any activity in violation of this section 

12 with respect to a Federal health care program a civil 

13 penalty of not more than $50,000 for each such vio14 lation, or damages of 3 times the total remuneration 

15 offered, paid, solicited, or received, whichever is 

16 greater. 

17 ‘‘(2) EXISTENCE OF VIOLATION.—A violation 

18 exists under paragraph (1) if 1 or more purposes of 

19 the remuneration is unlawful, and the damages shall 

20 be the full amount of such remuneration. 

21 ‘‘(3) PROCEDURES.—An action under para22 graph (1) shall be governed by— 

23 ‘‘(A) the procedures with regard to sub24 poenas, statutes of limitations, standards of 
108

•S 22 IS 

1 proof, and collateral estoppel set forth in sec2 tion 3731 of title 31, United States Code; and 

3 ‘‘(B) the Federal Rules of Civil Procedure. 

4 ‘‘(4) NO EFFECT ON OTHER REMEDIES.—Noth5 ing in this section may be construed to affect the 

6 availability of any other criminal or civil remedy. 

7 ‘‘(h) INJUNCTIVE RELIEF.—The Attorney General 

8 may commence a civil action in an appropriate district 

9 court of the United States to enjoin a violation of this 

10 section, as provided in section 1345 of title 18, United 

11 States Code.’’. 

12 (2) CONFORMING AMENDMENT.—The heading 

13 of section 1128B of the Social Security Act (42 

14 U.S.C. 1320a–7b) is amended by inserting ‘‘AND 

15 CIVIL’’ after ‘‘CRIMINAL’’. 

16 SEC. 2232. AUTHORIZED INVESTIGATIVE DEMAND PROCE17 DURES. 

18 Section 3486 of title 18, United States Code, is 

19 amended—

20 (1) in subsection (a), by inserting ‘‘, or any al21 legation of fraud or false claims (whether criminal or 

22 civil) in connection with a Federal health care pro23 gram (as defined in section 1128B(f) of the Social 

24 Security Act (42 U.S.C. 1320a–7b(f))),’’ after ‘‘Fed25 eral health care offense’’ each place it appears; and 
109

•S 22 IS 

1 (2) by adding at the end the following: 

2 ‘‘(f) PRIVACY PROTECTION.—

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), any record (including any book, paper, 

5 document, electronic medium, or other object or tan6 gible thing) produced pursuant to a subpoena issued 

7 under this section that contains personally identifi8 able health information may not be disclosed to any 

9 person, except pursuant to a court order under sub10 section (e)(1). 

11 ‘‘(2) EXCEPTIONS.—A record described in para12 graph (1) may be disclosed—

13 ‘‘(A) to an attorney for the Government 

14 for use in the performance of the official duty 

15 of the attorney (including presentation to a 

16 Federal grand jury); 

17 ‘‘(B) to government personnel (including 

18 personnel of a State or subdivision of a State) 

19 as are determined to be necessary by an attor20 ney for the Government to assist an attorney 

21 for the Government in the performance of the 

22 official duty of that attorney to enforce Federal 

23 criminal law; 

24 ‘‘(C) as directed by a court preliminarily 

25 to, or in connection with, a judicial proceeding; 
110

•S 22 IS 

1 ‘‘(D) as permitted by a court at the re2 quest of a defendant in an administrative, civil, 

3 or criminal action brought by the United 

4 States, upon a showing that grounds may exist 

5 for a motion to exclude evidence obtained under 

6 this section; or 

7 ‘‘(E) at the request of an attorney for the 

8 Government, upon a showing that such matters 

9 may disclose a violation of State criminal law, 

10 to an appropriate official of a State or subdivi11 sion of a State for the purpose of enforcing 

12 such law. 

13 ‘‘(3) MANNER OF COURT ORDERED DISCLO14 SURES.—

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B), if a court orders the disclo17 sure of any record described in paragraph (1), 

18 the disclosure—

19 ‘‘(i) shall be made in such manner, at 

20 such time, and under such conditions as 

21 the court may direct; and 

22 ‘‘(ii) shall be undertaken in a manner 

23 that preserves the confidentiality and pri24 vacy of individuals who are the subject of 

25 the record. 
111

•S 22 IS 

1 ‘‘(B) EXCEPTION.—If disclosure is re2 quired by the nature of the proceedings, the at3 torney for the Government shall request that 

4 the presiding judicial or administrative officer 

5 enter an order limiting the disclosure of the 

6 record to the maximum extent practicable, in7 cluding redacting the personally identifiable 

8 health information from publicly disclosed or 

9 filed pleadings or records. 

10 ‘‘(4) DESTRUCTION OF RECORDS.—Any record 

11 described in paragraph (1), and all copies of that 

12 record, in whatever form (including electronic), shall 

13 be destroyed not later than 90 days after the date 

14 on which the record is produced, unless otherwise or15 dered by a court of competent jurisdiction, upon a 

16 showing of good cause. 

17 ‘‘(5) EFFECT OF VIOLATION.—Any person who 

18 knowingly fails to comply with this subsection may 

19 be punished as in contempt of court. 

20 ‘‘(g) PERSONALLY IDENTIFIABLE HEALTH INFORMA21 TION DEFINED.—In this section, the term ‘personally 

22 identifiable health information’ means any information, in23 cluding genetic information, demographic information, 

24 and tissue samples collected from an individual, whether 

25 oral or recorded in any form or medium, that—
112

•S 22 IS 

1 ‘‘(1) relates to the past, present, or future phys2 ical or mental health or condition of an individual, 

3 the provision of health care to an individual, or the 

4 past, present, or future payment for the provision of 

5 health care to an individual; and 

6 ‘‘(2) either—

7 ‘‘(A) identifies an individual; or

8 ‘‘(B) with respect to which there is a rea9 sonable basis to believe that the information 

10 can be used to identify an individual.’’. 

11 SEC. 2233. EXTENDING ANTIFRAUD SAFEGUARDS TO THE 

12 FEDERAL EMPLOYEE HEALTH BENEFITS 

13 PROGRAM. 

14 Section 1128B(f)(1) of the Social Security Act (42 

15 U.S.C. 1320a–7b(f)(1)) is amended by striking ‘‘(other 

16 than the health insurance program under chapter 89 of 

17 title 5, United States Code)’’. 

18 SEC. 2234. GRAND JURY DISCLOSURE. 

19 Section 3322 of title 18, United States Code, is 

20 amended—

21 (1) by redesignating subsections (c) and (d) as 

22 subsections (d) and (e), respectively; and 

23 (2) by inserting after subsection (b) the fol24 lowing: 
113

•S 22 IS 

1 ‘‘(c) GRAND JURY DISCLOSURE.—Subject to section 

2 3486(f), upon ex parte motion of an attorney for the Gov3 ernment showing that a disclosure in accordance with that 

4 subsection would be of assistance to enforce any provision 

5 of Federal law, a court may direct the disclosure of any 

6 matter occurring before a grand jury during an investiga7 tion of a Federal health care offense (as defined in section 

8 24(a) of this title) to an attorney for the Government to 

9 use in any investigation or civil proceeding relating to 

10 fraud or false claims in connection with a Federal health 

11 care program (as defined in section 1128B(f) of the Social 

12 Security Act (42 U.S.C. 1320a–7b(f))).’’. 

13 SEC. 2235. INCREASING THE EFFECTIVENESS OF CIVIL IN14 VESTIGATIVE DEMANDS IN FALSE CLAIMS IN15 VESTIGATIONS. 

16 Section 3733 of title 31, United States Code, is 

17 amended—

18 (1) in subsection (a)(1), in the second sentence, 

19 by inserting ‘‘, except to the Deputy Attorney Gen20 eral or to an Assistant Attorney General’’ before the 

21 period at the end; and 

22 (2) in subsection (i)(2)(C), by adding at the end 

23 the following: ‘‘Disclosure of information to a person 

24 who brings a civil action under section 3730, or the 

25 counsel of that person, shall be allowed only upon 
114

•S 22 IS 

1 application to a United States district court showing 

2 that such disclosure would assist the Department of 

3 Justice in carrying out its statutory responsibil4 ities.’’. 

5 PART 4—PROTECTING RESIDENTS OF NURSING 

6 HOMES 

7 SEC. 2241. NURSING HOME RESIDENT PROTECTION. 

8 (a) PROTECTION OF RESIDENTS IN NURSING HOMES

9 AND OTHER RESIDENTIAL HEALTH CARE FACILITIES.—

10 Chapter 63 of title 18, United States Code, is amended 

11 by adding at the end the following: 

12 ‘‘§ 1349. Pattern of violations resulting in harm to 

13 residents of nursing homes and related 

14 facilities 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) ENTITY.—The term ‘entity’ means—

17 ‘‘(A) any residential health care facility 

18 (including facilities that do not exclusively pro19 vide residential health care services); 

20 ‘‘(B) any entity that manages a residential 

21 health care facility; or 

22 ‘‘(C) any entity that owns, directly or indi23 rectly, a controlling interest or a 50 percent or 

24 greater interest in 1 or more residential health 
115

•S 22 IS 

1 care facilities including States, localities, and 

2 political subdivisions thereof. 

3 ‘‘(2) FEDERAL HEALTH CARE PROGRAM.—The 

4 term ‘Federal health care program’ has the same 

5 meaning given that term in section 1128B(f) of the 

6 Social Security Act. 

7 ‘‘(3) PATTERN OF VIOLATIONS.—The term 

8 ‘pattern of violations’ means multiple violations of a 

9 single Federal or State law, regulation, or rule or 

10 single violations of multiple Federal or State laws, 

11 regulations, or rules, that are widespread, systemic, 

12 repeated, similar in nature, or result from a policy 

13 or practice. 

14 ‘‘(4) RESIDENTIAL HEALTH CARE FACILITY.—

15 The term ‘residential health care facility’ means any 

16 facility (including any facility that does not exclu17 sively provide residential health care services), in18 cluding skilled and unskilled nursing facilities and 

19 mental health and mental retardation facilities, 

20 that— 

21 ‘‘(A) receives Federal funds, directly from 

22 the Federal Government or indirectly from a 

23 third party on contract with or receiving a 

24 grant or other monies from the Federal Govern25 ment, to provide health care; or 
116

•S 22 IS 

1 ‘‘(B) provides health care services in a res2 idential setting and, in any calendar year in 

3 which a violation occurs, is the recipient of ben4 efits or payments in excess of $10,000 from a 

5 Federal health care program. 

6 ‘‘(5) STATE.—The term ‘State’ means each of 

7 the several States of the United States, the District 

8 of Columbia, and any commonwealth, territory, or 

9 possession of the United States. 

10 ‘‘(b) PROHIBITION AND PENALTIES.—Whoever 

11 knowingly and willfully engages in a pattern of violations 

12 that affects the health, safety, or care of individuals resid13 ing in a residential health care facility or facilities, and 

14 that results in significant physical or mental harm to 1 

15 or more of such residents, shall be punished as provided 

16 in section 1347, except that any organization shall be 

17 fined not more than $2,000,000 per residential health care 

18 facility. 

19 ‘‘(c) CIVIL PROVISIONS.—

20 ‘‘(1) IN GENERAL.—The Attorney General may 

21 bring an action in a district court of the United 

22 States to impose on any individual or entity that en23 gages in a pattern of violations that affects the 

24 health, safety, or care of individuals residing in a 

25 residential health care facility, and that results in
117

•S 22 IS 

1 physical or mental harm to 1 or more such resi2 dents—

3 ‘‘(A) a civil penalty; or 

4 ‘‘(B) in the case of—

5 ‘‘(i) an individual (other than an 

6 owner, operator, officer, or manager of 

7 such a residential health care facility), not 

8 more than $10,000; 

9 ‘‘(ii) an individual who is an owner, 

10 operator, officer, or manager of such a res11 idential health care facility, not more than 

12 $100,000 for each separate facility in13 volved in the pattern of violations under 

14 this section; 

15 ‘‘(iii) a residential health care facility, 

16 not more than $1,000,000 for each pattern 

17 of violations; or 

18 ‘‘(iv) an entity, not more than 

19 $1,000,000 for each separate residential 

20 health care facility involved in the pattern 

21 of violations owned or managed by that en22 tity. 

23 ‘‘(2) OTHER APPROPRIATE RELIEF.—If the At24 torney General has reason to believe that an indi25 vidual or entity is engaging in or is about to engage 
118

•S 22 IS 

1 in a pattern of violations that would affect the 

2 health, safety, or care of individuals residing in a 

3 residential health care facility, and that results in or 

4 has the potential to result in physical or mental 

5 harm to 1 or more such residents, the Attorney Gen6 eral may petition an appropriate district court of the 

7 United States for appropriate equitable and declara8 tory relief to eliminate the pattern of violations. 

9 ‘‘(3) PROCEDURES.—In any action under this 

10 subsection—

11 ‘‘(A) a subpoena requiring the attendance 

12 of a witness at a trial or hearing may be served 

13 at any place in the United States; 

14 ‘‘(B) the action may not be brought more 

15 than 6 years after the date on which the viola16 tion occurred; 

17 ‘‘(C) the United States shall be required to 

18 prove each charge by a preponderance of the 

19 evidence; 

20 ‘‘(D) the civil investigative demand proce21 dures set forth in the Antitrust Civil Process 

22 Act (15 U.S.C. 1311 et seq.) and regulations 

23 promulgated pursuant to that Act shall apply to 

24 any investigation; and 
119

•S 22 IS 

1 ‘‘(E) the filing or resolution of a matter 

2 shall not preclude any other remedy that is 

3 available to the United States or any other per4 son. 

5 ‘‘(d) PROHIBITION AGAINST RETALIATION.—Any 

6 person who is the subject of retaliation, either directly or 

7 indirectly, for reporting a condition that may constitute 

8 grounds for relief under this section may bring an action 

9 in an appropriate district court of the United States for 

10 damages, attorneys’ fees, and other relief.’’. 

11 (b) AUTHORIZED INVESTIGATIVE DEMAND PROCE12 DURES.—Section 3486(a)(1) of title 18, United States 

13 Code, as amended by section 2232 of this Act, is amended 

14 by inserting ‘‘, act or activity involving section 1349 of 

15 this title’’ after ‘‘Federal health care offense’’. 

16 (c) CONFORMING AMENDMENT.—The analysis for 

17 chapter 63 of title 18, United States Code, is amended 

18 by adding at the end the following:

‘‘1349. Pattern of violations resulting in harm to residents of nursing homes and 

related facilities.’’.
120

•S 22 IS 

1 PART 5—PROTECTING THE RIGHTS OF ELDERLY 

2 CRIME VICTIMS 

3 SEC. 2251. USE OF FORFEITED FUNDS TO PAY RESTITUTION 

4 TO CRIME VICTIMS AND REGULATORY AGEN5 CIES. 

6 Section 981(e) of title 18, United States Code, is 

7 amended— 

8 (1) in each of paragraphs (3), (4), and (5), by 

9 striking ‘‘in the case of property referred to in sub10 section (a)(1)(C)’’ and inserting ‘‘in the case of 

11 property forfeited in connection with an offense re12 sulting in a pecuniary loss to a financial institution 

13 or regulatory agency,’’; and 

14 (2) in paragraph (7), by striking ‘‘In the case 

15 of property referred to in subsection (a)(1)(D)’’ and 

16 inserting ‘‘in the case of property forfeited in con17 nection with an offense relating to the sale of assets 

18 acquired or held by any Federal financial institution 

19 or regulatory agency, or person appointed by such 

20 agency, as receiver, conservator, or liquidating agent 

21 for a financial institution’’. 

22 SEC. 2252. VICTIM RESTITUTION. 

23 Section 413 of the Controlled Substances Act (21 

24 U.S.C. 853) is amended by adding at the end the fol25 lowing: 

26 ‘‘(r) VICTIM RESTITUTION.—
121

•S 22 IS 

1 ‘‘(1) SATISFACTION OF ORDER OF RESTITU2 TION.—

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraph (B), a defendant may not use 

5 property subject to forfeiture under this section 

6 to satisfy an order of restitution. 

7 ‘‘(B) EXCEPTION.—If there are 1 or more 

8 identifiable victims entitled to restitution from a 

9 defendant, and the defendant has no assets 

10 other than the property subject to forfeiture 

11 with which to pay restitution to the victim or 

12 victims, the attorney for the Government may 

13 move to dismiss a forfeiture allegation against 

14 the defendant before entry of a judgment of 

15 forfeiture in order to allow the property to be 

16 used by the defendant to pay restitution in 

17 whatever manner the court determines to be ap18 propriate if the court grants the motion. In 

19 granting a motion under this subparagraph, the 

20 court shall include a provision ensuring that 

21 costs associated with the identification, seizure, 

22 management, and disposition of the property 

23 are recovered by the United States. 

24 ‘‘(2) RESTORATION OF FORFEITED PROP25 ERTY.—
122

•S 22 IS 

1 ‘‘(A) IN GENERAL.—If an order of for2 feiture is entered pursuant to this section and 

3 the defendant has no assets other than the for4 feited property to pay restitution to 1 or more 

5 identifiable victims who are entitled to restitu6 tion, the Government shall restore the forfeited

7 property to the victims pursuant to subsection 

8 (i)(1) once the ancillary proceeding under sub9 section (n) has been completed and the costs 

10 of the forfeiture action have been deducted. 

11 ‘‘(B) DISTRIBUTION OF PROPERTY.—On a 

12 motion of the attorney for the Government, the 

13 court may enter any order necessary to facili14 tate the distribution of any property restored 

15 under this paragraph. 

16 ‘‘(3) VICTIM DEFINED.—In this subsection, the 

17 term ‘victim’— 

18 ‘‘(A) means a person other than a person 

19 with a legal right, title, or interest in the for20 feited property sufficient to satisfy the standing 

21 requirements of subsection (n)(2) who may be 

22 entitled to restitution from the forfeited funds 

23 pursuant to section 9.8 of part 9 of title 28, 

24 Code of Federal Regulations (or any successor 

25 to that regulation); and
123

•S 22 IS 

1 ‘‘(B) includes any person who is the victim 

2 of the offense giving rise to the forfeiture, or of 

3 any offense that was part of the same scheme, 

4 conspiracy, or pattern of criminal activity, in5 cluding, in the case of a money laundering of6 fense, any offense constituting the underlying 

7 specified unlawful activity.’’.

8 SEC. 2253. BANKRUPTCY PROCEEDINGS NOT USED TO 

9 SHIELD ILLEGAL GAINS FROM FALSE 

10 CLAIMS. 

11 (a) CERTAIN ACTIONS NOT STAYED BY BANK12 RUPTCY PROCEEDINGS.—

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, the commencement or continuation 

15 of an action under section 3729 of title 31, United 

16 States Code, does not operate as a stay under sec17 tion 105(a) or 362(a)(1) of title 11, United States 

18 Code. 

19 (2) CONFORMING AMENDMENT.—Section 

20 362(b) of title 11, United States Code, is amend21 ed—

22 (A) in paragraph (17), by striking ‘‘or’’ at 

23 the end; 

24 (B) in paragraph (18), by striking the pe25 riod at the end and inserting ‘‘; or’’; and 
124

•S 22 IS 

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

2 ‘‘(19) the commencement or continuation of an 

3 action under section 3729 of title 31.’’. 

4 (b) CERTAIN DEBTS NOT DISCHARGEABLE IN BANK5 RUPTCY.—Section 523 of title 11, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(f) A discharge under section 727, 1141, 1228(a), 

8 1228(b), or 1328(b) does not discharge a debtor from a 

9 debt owed for violating section 3729 of title 31.’’. 

10 (c) REPAYMENT OF CERTAIN DEBTS CONSIDERED

11 FINAL.—

12 (1) IN GENERAL.—Chapter 1 of title 11, United 

13 States Code, is amended by adding at the end the 

14 following: 

15 ‘‘§ 111. False claims 

16 ‘‘No transfer on account of a debt owed to the United 

17 States for violating section 3729 of title 31, or under a 

18 compromise order or other agreement resolving such a 

19 debt may be avoided under section 544, 545, 547, 548, 

20 549, 553(b), or 742(a).’’. 

21 (2) CONFORMING AMENDMENT.—The analysis 

22 for chapter 1 of title 11, United States Code, is 

23 amended by adding at the end the following:

‘‘111. False claims.’’.
125

•S 22 IS 

1 SEC. 2254. FORFEITURE FOR RETIREMENT OFFENSES. 

2 (a) CRIMINAL FORFEITURE.—Section 982(a) of title 

3 18, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘(9) CRIMINAL FORFEITURE.—

6 ‘‘(A) IN GENERAL.—The court, in imposing a 

7 sentence on a person convicted of a retirement of8 fense, shall order the person to forfeit property, real 

9 or personal, that constitutes or that is derived, di10 rectly or indirectly, from proceeds traceable to the 

11 commission of the offense. 

12 ‘‘(B) RETIREMENT OFFENSE DEFINED.—In 

13 this paragraph, if a violation, conspiracy, or solicita14 tion relates to a retirement arrangement (as defined 

15 in section 1348 of title 18, United States Code), the 

16 term ‘retirement offense’ means a violation of—

17 ‘‘(i) section 664, 1001, 1027, 1341, 1343, 

18 1348, 1951, 1952, or 1954 of title 18, United 

19 States Code; or 

20 ‘‘(ii) section 411, 501, or 511 of the Em21 ployee Retirement Income Security Act of 1974 

22 (29 U.S.C. 1111, 1131, 1141).’’. 

23 (b) CIVIL FORFEITURE.—Section 981(a)(1) of title 

24 18, United States Code, is amended by adding at the end 

25 the following: 
126

•S 22 IS 

1 ‘‘(H) Any property, real or personal, that con2 stitutes or is derived, directly or indirectly, from pro3 ceeds traceable to the commission of, criminal con4 spiracy to violate, or solicitation to commit a crime 

5 of violence involving, a retirement offense (as de6 fined in section 982(a)(9)(B)).’’. 

7 TITLE III—DETERRING IDENTITY 

8 THEFT AND ASSISTING VIC9 TIMS OF CRIME AND DOMES10 TIC VIOLENCE 

11 Subtitle A—Deterring Identity 

12 Theft 

13 PART 1—IDENTITY THEFT VICTIMS ASSISTANCE 

14 SEC. 3111. SHORT TITLE. 

15 This part may be cited as the ‘‘Identity Theft Victims 

16 Assistance Act of 2003’’. 

17 SEC. 3112. FINDINGS. 

18 Congress finds that—

19 (1) the crime of identity theft is the fastest 

20 growing crime in the United States; 

21 (2) victims of identity theft often have extraor22 dinary difficulty restoring their credit and regaining 

23 control of their identity because of the viral nature 

24 of identity theft; 
127

•S 22 IS 

1 (3) identity theft may be ruinous to the good 

2 name and credit of consumers whose identities are 

3 misappropriated, and victims of identity theft may 

4 be denied otherwise well-deserved credit, may have 

5 to spend enormous time, effort, and sums of money 

6 to remedy their circumstances, and may suffer ex7 treme emotional distress including deep depression 

8 founded in profound frustration as they address the 

9 array of problems that may arise as a result of iden10 tity theft; 

11 (4) victims are often required to contact numer12 ous Federal, State, and local law enforcement agen13 cies, consumer credit reporting agencies, and credi14 tors over many years, as each event of fraud arises; 

15 (5) the Government, business entities, and cred16 it reporting agencies have a shared responsibility to 

17 assist identity theft victims, to mitigate the harm 

18 that results from fraud perpetrated in the victim’s 

19 name; 

20 (6) victims of identity theft need a nationally 

21 standardized means of— 

22 (A) reporting identity theft to consumer 

23 credit reporting agencies and business entities; 

24 and
128

•S 22 IS 

1 (B) evidencing their true identity and 

2 claim of identity theft to consumer credit re3 porting agencies and business entities; 

4 (7) one of the greatest law enforcement chal5 lenges posed by identity theft is that stolen identities 

6 are often used to perpetrate crimes in many dif7 ferent localities in different States, and although 

8 identity theft is a Federal crime, most often, State 

9 and local law enforcement agencies are responsible 

10 for investigating and prosecuting the crimes; and 

11 (8) the Federal Government should assist State 

12 and local law enforcement agencies to effectively 

13 combat identity theft and the associated fraud. 

14 SEC. 3113. TREATMENT OF IDENTITY THEFT MITIGATION. 

15 (a) IN GENERAL.—Chapter 47 title 18, United States 

16 Code, is amended by adding after section 1028 the fol17 lowing: 

18 ‘‘§ 1028A. Treatment of identity theft mitigation 

19 ‘‘(a) DEFINITIONS.—As used in this section—

20 ‘‘(1) the term ‘business entity’ means any cor21 poration, trust, partnership, sole proprietorship, or 

22 unincorporated association, including any financial 

23 service provider, financial information repository, 

24 creditor (as that term is defined in section 103 of 
129

•S 22 IS 

1 the Truth in Lending Act (15 U.S.C. 1602)), tele2 communications, utilities, or other service provider; 

3 ‘‘(2) the term ‘consumer’ means an individual; 

4 ‘‘(3) the term ‘financial information’ means in5 formation identifiable as relating to an individual 

6 consumer that concerns the amount and conditions 

7 of the assets, liabilities, or credit of the consumer, 

8 including—

9 ‘‘(A) account numbers and balances; 

10 ‘‘(B) nonpublic personal information, as 

11 that term is defined in section 509 of the 

12 Gramm-Leach-Bliley Act (15 U.S.C. 6809); and 

13 ‘‘(C) codes, passwords, social security 

14 numbers, tax identification numbers, State 

15 identifier numbers issued by a State depart16 ment of licensing, and other information used 

17 for the purpose of account access or transaction 

18 initiation; 

19 ‘‘(4) the term ‘financial information repository’ 

20 means a person engaged in the business of providing 

21 services to consumers who have a credit, deposit, 

22 trust, stock, or other financial services account or 

23 relationship with that person; 
130

•S 22 IS 

1 ‘‘(5) the term ‘identity theft’ means an actual 

2 or potential violation of section 1028 or any other 

3 similar provision of Federal or State law; 

4 ‘‘(6) the term ‘means of identification’ has the 

5 same meaning given the term in section 1028; and 

6 ‘‘(7) the term ‘victim’ means a consumer whose 

7 means of identification or financial information has 

8 been used or transferred (or has been alleged to 

9 have been used or transferred) without the authority 

10 of that consumer with the intent to commit, or to 

11 aid or abet, identity theft or any other violation of 

12 law. 

13 ‘‘(b) INFORMATION AVAILABLE TO VICTIMS.—

14 ‘‘(1) IN GENERAL.—A business entity that pos15 sesses information relating to an alleged identity 

16 theft, or that has entered into a transaction, pro17 vided credit, products, goods, or services, accepted 

18 payment, or otherwise done business with a person 

19 that has made unauthorized use of the means of 

20 identification of the victim, shall, not later than 20 

21 days after the receipt of a written request by the vic22 tim, meeting the requirements of subsection (c), pro23 vide, without charge, a copy of all application and 

24 transaction information related to the transaction 

25 being alleged as an identity theft to—
131

•S 22 IS 

1 ‘‘(A) the victim; 

2 ‘‘(B) any Federal, State, or local governing 

3 law enforcement agency or officer specified by 

4 the victim; or 

5 ‘‘(C) any law enforcement agency inves6 tigating the identity theft and authorized by the 

7 victim to take receipt of records provided under 

8 this section. 

9 ‘‘(2) RULE OF CONSTRUCTION.—

10 ‘‘(A) IN GENERAL.—No provision of Fed11 eral or State law prohibiting the disclosure of 

12 financial information by a business entity to 

13 third parties shall be used to deny disclosure of 

14 information to the victim under this section. 

15 ‘‘(B) LIMITATION.—Except as provided in 

16 subparagraph (A), nothing in this section re17 quires a business entity to disclose information 

18 that the business entity is otherwise prohibited 

19 from disclosing under any other provision of 

20 Federal or State law. 

21 ‘‘(c) VERIFICATION OF IDENTITY AND CLAIM.—Un22 less a business entity, at its discretion, is otherwise able 

23 to verify the identity of a victim making a request under 

24 subsection (b)(1), the victim shall provide to the business 

25 entity—
132

•S 22 IS 

1 ‘‘(1) as proof of positive identification—

2 ‘‘(A) the presentation of a government3 issued identification card; 

4 ‘‘(B) if providing proof by mail, a copy of 

5 a government-issued identification card; or 

6 ‘‘(C) upon the request of the person seek7 ing business records, the business entity may 

8 inform the requesting person of the categories 

9 of identifying information that the unauthorized 

10 person provided the business entity as person11 ally identifying information, and may require 

12 the requesting person to provide identifying in13 formation in those categories; and 

14 ‘‘(2) as proof of a claim of identity theft, at the 

15 election of the business entity—

16 ‘‘(A) a copy of a police report evidencing 

17 the claim of the victim of identity theft; 

18 ‘‘(B) a copy of a standardized affidavit of 

19 identity theft developed and made available by 

20 the Federal Trade Commission; or 

21 ‘‘(C) any affidavit of fact that is acceptable 

22 to the business entity for that purpose. 

23 ‘‘(d) LIMITATION ON LIABILITY.—No business entity 

24 may be held liable for a disclosure, made in good faith 

25 and reasonable judgment, to provide information under
133

•S 22 IS 

1 this section with respect to an individual in connection 

2 with an identity theft to other business entities, law en3 forcement authorities, victims, or any person alleging to 

4 be a victim, if—

5 ‘‘(1) the business entity complies with sub6 section (c); and 

7 ‘‘(2) such disclosure was made—

8 ‘‘(A) for the purpose of detection, inves9 tigation, or prosecution of identity theft; or 

10 ‘‘(B) to assist a victim in recovery of fines, 

11 restitution, rehabilitation of the credit of the 

12 victim, or such other relief as may be appro13 priate. 

14 ‘‘(e) AUTHORITY TO DECLINE TO PROVIDE INFOR15 MATION.—A business entity may decline to provide infor16 mation under subsection (b) if, in the exercise of good 

17 faith and reasonable judgment, the business entity believes 

18 that—

19 ‘‘(1) this section does not require disclosure of 

20 the information; or 

21 ‘‘(2) the request for the information is based on 

22 a misrepresentation of fact by the victim relevant to 

23 the request for information. 

24 ‘‘(f) NO NEW RECORDKEEPING OBLIGATION.—Noth25 ing in this section creates an obligation on the part of a 
134

•S 22 IS 

1 business entity to obtain, retain, or maintain information 

2 or records that are not otherwise required to be obtained, 

3 retained, or maintained in the ordinary course of its busi4 ness or under other applicable law. 

5 ‘‘(g) AFFIRMATIVE DEFENSE.—In any civil action 

6 brought to enforce this section, it is an affirmative defense 

7 (which the defendant must establish by a preponderance 

8 of the evidence) for a business entity to file an affidavit 

9 or answer stating that—

10 ‘‘(1) the business entity has made a reasonably 

11 diligent search of its available business records; and 

12 ‘‘(2) the records requested under this section do 

13 not exist or are not available. 

14 ‘‘(h) NO PRIVATE RIGHT OF ACTION.—Nothing in 

15 this section shall be construed to provide a private right 

16 of action or claim for relief. 

17 ‘‘(i) ENFORCEMENT.—

18 ‘‘(1) CIVIL ACTIONS.—

19 ‘‘(A) IN GENERAL.—In any case in which 

20 the attorney general of a State has reason to 

21 believe that an interest of the residents of that 

22 State has been, or is threatened to be, adversely 

23 affected by a violation of this section by any 

24 business entity, the State, as parens patriae, 

25 may bring a civil action on behalf of the resi-
135

•S 22 IS 

1 dents of the State in a district court of the 

2 United States of appropriate jurisdiction to—

3 ‘‘(i) enjoin that practice; 

4 ‘‘(ii) enforce compliance of this sec5 tion; 

6 ‘‘(iii) obtain damages—

7 ‘‘(I) in the sum of actual dam8 ages, restitution, and other compensa9 tion on behalf of the residents of the 

10 State; and 

11 ‘‘(II) punitive damages, if the 

12 violation is willful or intentional; and 

13 ‘‘(iv) obtain such other equitable relief 

14 as the court may consider to be appro15 priate. 

16 ‘‘(B) NOTICE.—Before bringing an action 

17 under subparagraph (A), the attorney general 

18 of the State involved shall provide to the Attor19 ney General of the United States—

20 ‘‘(i) written notice of the action; and 

21 ‘‘(ii) a copy of the complaint for the 

22 action. 

23 ‘‘(2) INTERVENTION.—

24 ‘‘(A) IN GENERAL.—On receiving notice of 

25 an action under paragraph (1)(B), the Attorney 
136

•S 22 IS 

1 General of the United States shall have the 

2 right to intervene in that action. 

3 ‘‘(B) EFFECT OF INTERVENTION.—If the 

4 Attorney General of the United States inter5 venes in an action under this subsection, the 

6 Attorney General shall have the right to be 

7 heard with respect to any matter that arises in 

8 that action. 

9 ‘‘(C) SERVICE OF PROCESS.—Upon request 

10 of the Attorney General of the United States, 

11 the attorney general of a State that has filed an 

12 action under this subsection shall, pursuant to 

13 Rule 4(d)(4) of the Federal Rules of Civil Pro14 cedure, serve the Government with—

15 ‘‘(i) a copy of the complaint; and 

16 ‘‘(ii) written disclosure of substan17 tially all material evidence and information 

18 in the possession of the attorney general of 

19 the State. 

20 ‘‘(3) CONSTRUCTION.—For purposes of bring21 ing any civil action under this subsection, nothing in 

22 this section shall be construed to prevent an attor23 ney general of a State from exercising the powers 

24 conferred on such attorney general by the laws of 

25 that State—
137

•S 22 IS 

1 ‘‘(A) to conduct investigations; 

2 ‘‘(B) to administer oaths or affirmations; 

3 or 

4 ‘‘(C) to compel the attendance of witnesses 

5 or the production of documentary and other evi6 dence. 

7 ‘‘(4) ACTIONS BY THE ATTORNEY GENERAL OF

8 THE UNITED STATES.—In any case in which an ac9 tion is instituted by or on behalf of the Attorney 

10 General of the United States for a violation of this 

11 section, no State may, during the pendency of that 

12 action, institute an action under this subsection 

13 against any defendant named in the complaint in 

14 that action for violation of that practice. 

15 ‘‘(5) VENUE; SERVICE OF PROCESS.—

16 ‘‘(A) VENUE.—Any action brought under 

17 this subsection may be brought in the district 

18 court of the United States—

19 ‘‘(i) where the defendant resides; 

20 ‘‘(ii) where the defendant is doing 

21 business; or 

22 ‘‘(iii) that meets applicable require23 ments relating to venue under section 1391 

24 of title 28.
138

•S 22 IS 

1 ‘‘(B) SERVICE OF PROCESS.—In an action 

2 brought under this subsection, process may be 

3 served in any district in which the defendant—

4 ‘‘(i) resides; 

5 ‘‘(ii) is doing business; or 

6 ‘‘(iii) may be found.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 47 of title 18, United States 

9 Code, is amended by inserting after the item relating to 

10 section 1028 the following new item:

‘‘1028A. Treatment of identity theft mitigation.’’.

11 SEC. 3114. AMENDMENTS TO THE FAIR CREDIT REPORTING 

12 ACT. 

13 (a) CONSUMER REPORTING AGENCY BLOCKING OF

14 INFORMATION RESULTING FROM IDENTITY THEFT.—

15 Section 611 of the Fair Credit Reporting Act (15 U.S.C. 

16 1681i) is amended by adding at the end the following: 

17 ‘‘(e) BLOCK OF INFORMATION RESULTING FROM

18 IDENTITY THEFT.—

19 ‘‘(1) BLOCK.—Except as provided in paragraph 

20 (3) and not later than 30 days after the date of re21 ceipt of proof of the identity of a consumer and an 

22 official copy of a police report evidencing the claim 

23 of the consumer of identity theft, a consumer report24 ing agency shall block the reporting of any informa25 tion identified by the consumer in the file of the con-
139

•S 22 IS 

1 sumer resulting from the identity theft, so that the 

2 information cannot be reported. 

3 ‘‘(2) NOTIFICATION.—A consumer reporting 

4 agency shall promptly notify the furnisher of infor5 mation identified by the consumer under paragraph 

6 (1)—

7 ‘‘(A) that the information may be a result 

8 of identity theft; 

9 ‘‘(B) that a police report has been filed; 

10 ‘‘(C) that a block has been requested under 

11 this subsection; and 

12 ‘‘(D) of the effective date of the block. 

13 ‘‘(3) AUTHORITY TO DECLINE OR RESCIND.—

14 ‘‘(A) IN GENERAL.—A consumer reporting 

15 agency may decline to block, or may rescind 

16 any block, of consumer information under this 

17 subsection if—

18 ‘‘(i) in the exercise of good faith and 

19 reasonable judgment, the consumer report20 ing agency finds that—

21 ‘‘(I) the information was blocked 

22 due to a misrepresentation of fact by 

23 the consumer relevant to the request 

24 to block; or 
140

•S 22 IS 

1 ‘‘(II) the consumer knowingly ob2 tained possession of goods, services, or 

3 moneys as a result of the blocked 

4 transaction or transactions, or the 

5 consumer should have known that the 

6 consumer obtained possession of 

7 goods, services, or moneys as a result 

8 of the blocked transaction or trans9 actions; or 

10 ‘‘(ii) the consumer agrees that the 

11 blocked information or portions of the 

12 blocked information were blocked in error. 

13 ‘‘(B) NOTIFICATION TO CONSUMER.—If 

14 the block of information is declined or rescinded 

15 under this paragraph, the affected consumer 

16 shall be notified promptly, in the same manner 

17 as consumers are notified of the reinsertion of 

18 information under subsection (a)(5)(B). 

19 ‘‘(C) SIGNIFICANCE OF BLOCK.—For pur20 poses of this paragraph, if a consumer report21 ing agency rescinds a block, the presence of in22 formation in the file of a consumer prior to the 

23 blocking of such information is not evidence of 

24 whether the consumer knew or should have 

25 known that the consumer obtained possession of 
141

•S 22 IS 

1 any goods, services, or monies as a result of the 

2 block. 

3 ‘‘(4) EXCEPTIONS.—

4 ‘‘(A) NEGATIVE INFORMATION DATA.—A 

5 consumer reporting agency shall not be required 

6 to comply with this subsection when such agen7 cy is issuing information for authorizations, for 

8 the purpose of approving or processing nego9 tiable instruments, electronic funds transfers, 

10 or similar methods of payment, based solely on 

11 negative information, including—

12 ‘‘(i) dishonored checks; 

13 ‘‘(ii) accounts closed for cause; 

14 ‘‘(iii) substantial overdrafts; 

15 ‘‘(iv) abuse of automated teller ma16 chines; or 

17 ‘‘(v) other information which indicates 

18 a risk of fraud occurring. 

19 ‘‘(B) RESELLERS.—

20 ‘‘(i) NO RESELLER FILE.—The provi21 sions of this subsection do not apply to a 

22 consumer reporting agency if the consumer 

23 reporting agency—
142

•S 22 IS 

1 ‘‘(I) does not maintain a file on 

2 the consumer from which consumer 

3 reports are produced; 

4 ‘‘(II) is not, at the time of the re5 quest of the consumer under para6 graph (1), otherwise furnishing or re7 selling a consumer report concerning 

8 the information identified by the con9 sumer; and 

10 ‘‘(III) informs the consumer, by 

11 any means, that the consumer may re12 port the identity theft to the Federal 

13 Trade Commission to obtain consumer 

14 information regarding identity theft. 

15 ‘‘(ii) RESELLER WITH FILE.—The 

16 sole obligation of the consumer reporting 

17 agency under this subsection, with regard 

18 to any request of a consumer under this 

19 subsection, shall be to block the consumer 

20 report maintained by the consumer report21 ing agency from any subsequent use if—

22 ‘‘(I) the consumer, in accordance 

23 with the provisions of paragraph (1), 

24 identifies, to a consumer reporting 

25 agency, information in the file of the 
143

•S 22 IS 

1 consumer that resulted from identity 

2 theft; 

3 ‘‘(II) the consumer reporting 

4 agency is acting as a reseller of the 

5 identified information by assembling 

6 or merging information about that 

7 consumer which is contained in the 

8 database of not less than 1 other con9 sumer reporting agency; and 

10 ‘‘(III) the consumer reporting 

11 agency does not store or maintain a 

12 database of information obtained for 

13 resale from which new consumer re14 ports are produced. 

15 ‘‘(iii) NOTICE.—In carrying out its 

16 obligation under clause (ii), the consumer 

17 reporting agency shall provide a notice to 

18 the consumer of the decision to block the 

19 file. Such notice shall contain the name, 

20 address, and telephone number of each 

21 consumer reporting agency from which the 

22 consumer information was obtained for re23 sale.’’.
144

•S 22 IS 

1 (b) FALSE CLAIMS.—Section 1028 of title 18, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘(j) Any person who knowingly falsely claims to be 

5 a victim of identity theft for the purpose of obtaining the 

6 blocking of information by a consumer reporting agency 

7 under section 611(e)(1) of the Fair Credit Reporting Act 

8 (15 U.S.C. 1681i(e)(1)) shall be fined under this title, im9 prisoned not more than 3 years, or both.’’. 

10 (c) STATUTE OF LIMITATIONS.—Section 618 of the 

11 Fair Credit Reporting Act (15 U.S.C. 1681p) is amended 

12 to read as follows: 

13 ‘‘SEC. 618. JURISDICTION OF COURTS; LIMITATION ON AC14 TIONS. 

15 ‘‘(a) IN GENERAL.—Except as provided in sub16 sections (b) and (c), an action to enforce any liability cre17 ated under this title may be brought in any appropriate 

18 United States district court without regard to the amount 

19 in controversy, or in any other court of competent jurisdic20 tion, not later than 2 years from the date of the defend21 ant’s violation of any requirement under this title. 

22 ‘‘(b) WILLFUL MISREPRESENTATION.—In any case 

23 in which the defendant has materially and willfully mis24 represented any information required to be disclosed to an 

25 individual under this title, and the information misrepre-
145

•S 22 IS 

1 sented is material to the establishment of the liability of 

2 the defendant to that individual under this title, an action 

3 to enforce a liability created under this title may be 

4 brought at any time within 2 years after the date of dis5 covery by the individual of the misrepresentation. 

6 ‘‘(c) IDENTITY THEFT.—An action to enforce a liabil7 ity created under this title may be brought not later than 

8 4 years from the date of the defendant’s violation if—

9 ‘‘(1) the plaintiff is the victim of an identity 

10 theft; or 

11 ‘‘(2) the plaintiff—

12 ‘‘(A) has reasonable grounds to believe 

13 that the plaintiff is the victim of an identity 

14 theft; and 

15 ‘‘(B) has not materially and willfully mis16 represented such a claim.’’. 

17 SEC. 3115. COORDINATING COMMITTEE STUDY OF COORDI18 NATION AMONG FEDERAL, STATE, AND 

19 LOCAL AUTHORITIES IN ENFORCING IDEN20 TITY THEFT LAWS. 

21 (a) MEMBERSHIP; TERM.—Section 2 of the Internet 

22 False Identification Prevention Act of 2000 (18 U.S.C. 

23 1028 note) is amended—

24 (1) in subsection (b), by striking ‘‘and the Com25 missioner of Immigration and Naturalization’’ and 
146

•S 22 IS 

1 inserting ‘‘the Commissioner of Immigration and 

2 Naturalization, the Chairman of the Federal Trade 

3 Commission, the Postmaster General, and the Com4 missioner of the United States Customs Service,’’; 

5 and 

6 (2) in subsection (c), by striking ‘‘2 years after 

7 the effective date of this Act.’’ and inserting ‘‘on De8 cember 28, 2004.’’. 

9 (b) CONSULTATION.—Section 2 of the Internet False 

10 Identification Prevention Act of 2000 (18 U.S.C. 1028 

11 note) is amended—

12 (1) by redesignating subsection (d) as sub13 section (e); and 

14 (2) by inserting after subsection (c) the fol15 lowing: 

16 ‘‘(d) CONSULTATION.—In discharging its duties, the 

17 coordinating committee shall consult with interested par18 ties, including State and local law enforcement agencies, 

19 State attorneys general, representatives of business enti20 ties, including telecommunications and utility companies, 

21 and organizations representing consumers.’’. 

22 (c) REPORT DISTRIBUTION AND CONTENTS.—Sec23 tion 2(e) of the Internet False Identification Prevention 

24 Act of 2000 (18 U.S.C. 1028 note) (as redesignated by 

25 subsection (b)) is amended—
147

•S 22 IS 

1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) IN GENERAL.—The Attorney General and 

4 the Secretary of the Treasury, at the end of each 

5 year of the existence of the coordinating committee, 

6 shall report on the activities of the coordinating 

7 committee to—

8 ‘‘(A) the Committee on the Judiciary of 

9 the Senate; 

10 ‘‘(B) the Committee on the Judiciary of 

11 the House of Representatives; 

12 ‘‘(C) the Committee on Banking, Housing, 

13 and Urban Affairs of the Senate; and 

14 ‘‘(D) the Committee on Financial Services 

15 of the House of Representatives.’’; 

16 (2) in subparagraph (E), by striking ‘‘and’’ at 

17 the end; and 

18 (3) by striking subparagraph (F) and inserting 

19 the following: 

20 ‘‘(F) a comprehensive description of Fed21 eral assistance provided to State and local law 

22 enforcement agencies to address identity theft; 

23 ‘‘(G) a comprehensive description of co24 ordination activities between Federal, State, 
148

•S 22 IS 

1 and local law enforcement agencies that address 

2 identity theft; and 

3 ‘‘(H) recommendations in the discretion of 

4 the President, if any, for legislative or adminis5 trative changes that would—

6 ‘‘(i) facilitate more effective investiga7 tion and prosecution of cases involving—

8 ‘‘(I) identity theft; and 

9 ‘‘(II) the creation and distribu10 tion of false identification documents; 

11 ‘‘(ii) improve the effectiveness of Fed12 eral assistance to State and local law en13 forcement agencies and coordination be14 tween Federal, State, and local law en15 forcement agencies; and 

16 ‘‘(iii) simplify efforts by a person nec17 essary to rectify the harm that results 

18 from the theft of the identity of such per19 son.’’.

20 PART 2—IDENTITY THEFT PREVENTION 

21 SEC. 3121. SHORT TITLE. 

22 This part may be cited as the ‘‘Identity Theft Preven23 tion Act of 2003’’. 

24 SEC. 3122. FINDINGS. 

25 Congress finds that—
149

•S 22 IS 

1 (1) the crime of identity theft has become one 

2 of the major law enforcement challenges of the new 

3 economy, as vast quantities of sensitive, personal in4 formation are now vulnerable to criminal intercep5 tion and misuse; 

6 (2) in November 2002, Americans were alerted 

7 to the dangers of identity theft when Federal pros8 ecutors announced that 3 individuals had allegedly 

9 sold the credit and personal information of 30,000 

10 people, the largest single identity theft case in 

11 United States history; 

12 (3) hundreds of thousands of Americans are 

13 victims of identity theft each year, resulting in an 

14 annual cost to industry of more than 

15 $3,500,000,000. 

16 (4) several indicators reveal that despite in17 creased public awareness of the crime, the number 

18 of incidents of identity theft continues to rise; 

19 (5) in December 2001, the Federal Trade Com20 mission received an average of more than 3,000 

21 identity theft calls per week, a 700 percent increase 

22 since the Identity Theft Data Clearinghouse began 

23 operation in November 1999; 
150

•S 22 IS 

1 (6) allegations of social security number fraud 

2 increased by 500 percent between 1998 and 2001, 

3 from 11,000 to 65,000; 

4 (7) a national credit reporting agency reported 

5 that consumer requests for fraud alerts increased by 

6 53 percent during fiscal year 2001; 

7 (8) identity theft violates the privacy of Amer8 ican citizens and ruins their good names; 

9 (9) victims of identity theft may suffer re10 stricted access to credit and diminished employment 

11 opportunities, and may spend years repairing the 

12 damage to credit histories caused by identity theft; 

13 (10) businesses and government agencies that 

14 handle sensitive personal information of consumers 

15 have a responsibility to protect this information from 

16 identity thieves; and 

17 (11) the private sector can better protect con18 sumers by implementing effective fraud alerts, af19 fording greater consumer access to credit reports, 

20 truncating of credit card numbers, and establishing 

21 other prevention measures. 

22 SEC. 3123. IDENTITY THEFT PREVENTION. 

23 (a) CHANGES OF ADDRESS.—
151

•S 22 IS 

1 (1) DUTY OF ISSUERS OF CREDIT.—Section 

2 132 of the Truth in Lending Act (15 U.S.C. 1642) 

3 is amended—

4 (A) by inserting ‘‘(a) IN GENERAL.—’’ be5 fore ‘‘No credit’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(b) CONFIRMATION OF CHANGES OF ADDRESS.—If 

8 a card issuer receives a request for an additional credit 

9 card with respect to an existing credit account not later 

10 than 30 days after receiving notification of a change of 

11 address for that account, the card issuer shall—

12 ‘‘(1) not later than 5 days after sending the ad13 ditional card to the new address, notify the card14 holder of the request at both the new address and 

15 the former address; and 

16 ‘‘(2) provide to the cardholder a means of 

17 promptly reporting incorrect changes.’’. 

18 (2) ENFORCEMENT.—

19 (A) FEDERAL TRADE COMMISSION.—Ex20 cept as provided in subparagraph (B), compli21 ance with section 132(b) of the Truth in Lend22 ing Act (as added by this subsection) shall be 

23 enforced by the Federal Trade Commission in 

24 the same manner and with the same power and 

25 authority as the Commission has under the 
152

•S 22 IS 

1 Fair Debt Collection Practices Act to enforce 

2 compliance with that Act. 

3 (B) OTHER AGENCIES IN CERTAIN

4 CASES.—

5 (i) IN GENERAL.—Compliance with 

6 section 132(b) of the Truth in Lending Act 

7 shall be enforced under—

8 (I) section 8 of the Federal De9 posit Insurance Act, in the case of a 

10 card issuer that is—

11 (aa) a national bank or a 

12 Federal branch or Federal agen13 cy of a foreign bank, by the Of14 fice of the Comptroller of the 

15 Currency; 

16 (bb) a member bank of the 

17 Federal Reserve System (other 

18 than a national bank), a branch 

19 or agency of a foreign bank 

20 (other than a Federal branch, 

21 Federal agency, or insured State 

22 branch of a foreign bank), a com23 mercial lending company owned 

24 or controlled by a foreign bank, 

25 or an organization operating 
153

•S 22 IS 

1 under section 25 or 25A of the 

2 Federal Reserve Act, by the 

3 Board of Governors of the Fed4 eral Reserve System; 

5 (cc) a bank insured by the 

6 Federal Deposit Insurance Cor7 poration (other than a member of 

8 the Federal Reserve System or a 

9 national nonmember bank) or an 

10 insured State branch of a foreign 

11 bank, by the Board of Directors 

12 of the Federal Deposit Insurance 

13 Corporation; and 

14 (dd) a savings association, 

15 the deposits of which are insured 

16 by the Federal Deposit Insurance 

17 Corporation, by the Director of 

18 the Office of Thrift Supervision; 

19 and 

20 (II) the Federal Credit Union 

21 Act, by the Administrator of the Na22 tional Credit Union Administration in 

23 the case of a card issuer that is a 

24 Federal credit union, as defined in 

25 that Act. 
154

•S 22 IS 

1 (C) VIOLATIONS TREATED AS VIOLATIONS

2 OF OTHER LAWS.—

3 (i) IN GENERAL.—For the purpose of 

4 the exercise by any agency referred to in 

5 this paragraph of its powers under any Act 

6 referred to in this paragraph, a violation of 

7 section 132(b) of the Truth in Lending Act 

8 (as added by this subsection) shall be 

9 deemed to be a violation of a requirement 

10 imposed under that Act. 

11 (ii) AGENCY AUTHORITY.—In addition 

12 to its powers under any provision of law 

13 specifically referred to in subparagraph (A) 

14 or (B), each of the agencies referred to in 

15 those subparagraphs may exercise, for the 

16 purpose of enforcing compliance with sec17 tion 132(b) of the Truth in Lending Act, 

18 any other authority conferred on such 

19 agency by law. 

20 (b) FRAUD ALERTS.—Section 605 of the Fair Credit 

21 Reporting Act (15 U.S.C. 1681c) is amended by adding 

22 at the end the following: 

23 ‘‘(g) FRAUD ALERTS.—

24 ‘‘(1) DEFINED TERM.—In this subsection, the 

25 term ‘fraud alert’ means a statement in the file of
155

•S 22 IS 

1 a consumer that notifies all prospective users of a 

2 consumer report made with respect to that consumer 

3 that—

4 ‘‘(A) the consumer’s identity may have 

5 been used, without the consumer’s consent, to 

6 fraudulently obtain goods or services in the con7 sumer’s name; and 

8 ‘‘(B) the consumer does not authorize the 

9 issuance or extension of credit in the name of 

10 the consumer unless the issuer of such credit— 

11 ‘‘(i) obtains express preauthorization 

12 from the consumer at a telephone number 

13 designated by the consumer; or 

14 ‘‘(ii) utilizes another reasonable means 

15 of communications to obtain the express 

16 preauthorization of the consumer. 

17 ‘‘(2) INCLUSION OF FRAUD ALERT IN CON18 SUMER FILE.—Upon the request of a consumer and 

19 upon receiving proper identification, a consumer re20 porting agency shall include a fraud alert in the file 

21 of that consumer. 

22 ‘‘(3) NOTICE SENT BY CONSUMER REPORTING

23 AGENCIES.—A consumer reporting agency shall no24 tify each person procuring consumer credit informa25 tion with respect to a consumer of the existence of 
156

•S 22 IS 

1 a fraud alert in the file of that consumer, regardless 

2 of whether a full credit report, credit score, or sum3 mary report is requested. 

4 ‘‘(4) PROCEDURES TO RECEIVE FRAUD

5 ALERTS.—Any person who uses a consumer credit 

6 report in connection with a credit transaction shall 

7 establish reasonable procedures to receive fraud 

8 alerts transmitted by consumer reporting agencies. 

9 ‘‘(5) VIOLATIONS.—

10 ‘‘(A) CONSUMER REPORTING AGENCY.—

11 Any consumer reporting agency that fails to no12 tify any user of a consumer credit report of the 

13 existence of a fraud alert in that report shall be 

14 in violation of this section. 

15 ‘‘(B) USER OF A CONSUMER REPORT.—

16 Any user of a consumer report that fails to 

17 comply with preauthorization procedures con18 tained in a fraud alert and issues or extends 

19 credit in the name of the consumer to a person 

20 other than the consumer shall be in violation of 

21 this section. 

22 ‘‘(6) EXCEPTIONS.—

23 ‘‘(A) RESELLERS.—

24 ‘‘(i) IN GENERAL.—The provisions of 

25 this subsection do not apply to a consumer 
157

•S 22 IS 

1 reporting agency that acts as a reseller of 

2 information by assembling and merging in3 formation contained in the database of an4 other consumer reporting agency or mul5 tiple consumer reporting agencies, and 

6 does not maintain a permanent database of 

7 the assembled or merged information from 

8 which new consumer reports are produced. 

9 ‘‘(ii) LIMITATION.—A reseller of as10 sembled or merged information shall pre11 serve any fraud alert placed on a consumer 

12 report by another consumer reporting 

13 agency. 

14 ‘‘(B) EXEMPT INSTITUTIONS.—The re15 quirement under this subsection to place a 

16 fraud alert in a consumer file shall not apply 

17 to—

18 ‘‘(i) a check services company, which 

19 issues authorizations for the purpose of ap20 proving or processing negotiable instru21 ments, electronic funds transfers, or simi22 lar methods of payments; or 

23 ‘‘(ii) a demand deposit account infor24 mation service company, which issues re25 ports regarding account closures due to 
158

•S 22 IS 

1 fraud, substantial overdrafts, ATM abuse, 

2 or similar negative information regarding a 

3 consumer, to inquiring banks or other fi4 nancial institutions for use only in review5 ing a consumer request for a demand de6 posit account at the inquiring bank or fi7 nancial institution.’’. 

8 SEC. 3124. TRUNCATION OF CREDIT CARD ACCOUNT NUM9 BERS. 

10 (a) IN GENERAL.—Except as provided in this section, 

11 no person, firm, partnership, association, corporation, or 

12 limited liability company that accepts credit cards for the 

13 transaction of business shall print more than the last 5 

14 digits of the credit card account number or the expiration 

15 date upon any receipt provided to the cardholder. 

16 (b) LIMITATION.—This section—

17 (1) applies only to receipts that are electroni18 cally printed; and 

19 (2) does not apply to transactions in which the 

20 sole means of recording the cardholder’s credit card 

21 account number is by handwriting or by an imprint 

22 or copy of the credit card. 

23 (c) EFFECTIVE DATE.—This section shall take ef24 fect—
159

•S 22 IS 

1 (1) on the date that is 4 years after the date 

2 of enactment of this Act, with respect to any cash 

3 register or other machine or device that electroni4 cally prints receipts for credit card transactions that 

5 is in use prior to the date of enactment of this Act; 

6 and 

7 (2) on the date that is 18 months after the date 

8 of enactment of this Act, with respect to any cash 

9 register or other machine or device that electroni10 cally prints receipts for credit card transactions that 

11 is first put into use on or after the date of enact12 ment of this Act. 

13 (d) EFFECT ON STATE LAW.—Nothing in this sec14 tion prevents a State from imposing requirements that are 

15 the same or substantially similar to the requirements of 

16 this section at any time before the effective date of this 

17 section. 

18 SEC. 3125. FREE ANNUAL CREDIT REPORT. 

19 Section 612(c) of the Fair Credit Reporting Act (15 

20 U.S.C. 1681j(c)) is amended to read as follows: 

21 ‘‘(c) FREE ANNUAL DISCLOSURE.—Upon the request 

22 of the consumer and without charge to the consumer, a 

23 consumer reporting agency shall make all the disclosures 

24 listed under section 609 once during any 12-month pe25 riod.’’.
160

•S 22 IS 

1 PART 3—SOCIAL SECURITY NUMBER MISUSE 

2 PREVENTION

3 SEC. 3131. SHORT TITLE. 

4 This part may be cited as the ‘‘Social Security Num5 ber Misuse Prevention Act of 2003’’.

6 SEC. 3132. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The inappropriate display, sale, or purchase 

9 of social security numbers has contributed to a 

10 growing range of illegal activities, including fraud, 

11 identity theft, and, in some cases, stalking and other 

12 violent crimes. 

13 (2) While financial institutions, health care pro14 viders, and other entities have often used social se15 curity numbers to confirm the identity of an indi16 vidual, the general display to the public, sale, or pur17 chase of these numbers has been used to commit 

18 crimes, and also can result in serious invasions of in19 dividual privacy. 

20 (3) The Federal Government requires virtually 

21 every individual in the United States to obtain and 

22 maintain a social security number in order to pay 

23 taxes, to qualify for social security benefits, or to 

24 seek employment. An unintended consequence of 

25 these requirements is that social security numbers 

26 have become one of the tools that can be used to fa-
161

•S 22 IS 

1 cilitate crime, fraud, and invasions of the privacy of 

2 the individuals to whom the numbers are assigned. 

3 Because the Federal Government created and main4 tains this system, and because the Federal Govern5 ment does not permit individuals to exempt them6 selves from those requirements, it is appropriate for 

7 the Federal Government to take steps to stem the 

8 abuse of social security numbers. 

9 (4) The display, sale, or purchase of social secu10 rity numbers in no way facilitates uninhibited, ro11 bust, and wide-open public debate, and restrictions 

12 on such display, sale, or purchase would not affect 

13 public debate. 

14 (5) No one should seek to profit from the dis15 play, sale, or purchase of social security numbers in 

16 circumstances that create a substantial risk of phys17 ical, emotional, or financial harm to the individuals 

18 to whom those numbers are assigned. 

19 (6) Consequently, this part provides each indi20 vidual that has been assigned a social security num21 ber some degree of protection from the display, sale, 

22 and purchase of that number in any circumstance 

23 that might facilitate unlawful conduct. 
162

•S 22 IS 

1 SEC. 3133. PROHIBITION OF THE DISPLAY, SALE, OR PUR2 CHASE OF SOCIAL SECURITY NUMBERS. 

3 (a) PROHIBITION.—

4 (1) IN GENERAL.—Chapter 47 of title 18, 

5 United States Code, is amended by inserting after 

6 section 1028 the following: 

7 ‘‘§ 1028A. Prohibition of the display, sale, or purchase 

8 of social security numbers 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) DISPLAY.—The term ‘display’ means to in11 tentionally communicate or otherwise make available 

12 (on the Internet or in any other manner) to the gen13 eral public an individual’s social security number. 

14 ‘‘(2) PERSON.—The term ‘person’ means any 

15 individual, partnership, corporation, trust, estate, co16 operative, association, or any other entity. 

17 ‘‘(3) PURCHASE.—The term ‘purchase’ means 

18 providing directly or indirectly, anything of value in 

19 exchange for a social security number. 

20 ‘‘(4) SALE.—The term ‘sale’ means obtaining, 

21 directly or indirectly, anything of value in exchange 

22 for a social security number. 

23 ‘‘(5) STATE.—The term ‘State’ means any 

24 State of the United States, the District of Columbia, 

25 Puerto Rico, the Northern Mariana Islands, the 

26 United States Virgin Islands, Guam, American 
163

•S 22 IS 

1 Samoa, and any territory or possession of the 

2 United States. 

3 ‘‘(b) LIMITATION ON DISPLAY.—Except as provided 

4 in section 1028B, no person may display any individual’s 

5 social security number to the general public without the 

6 affirmatively expressed consent of the individual. 

7 ‘‘(c) LIMITATION ON SALE OR PURCHASE.—Except 

8 as otherwise provided in this section, no person may sell 

9 or purchase any individual’s social security number with10 out the affirmatively expressed consent of the individual. 

11 ‘‘(d) PREREQUISITES FOR CONSENT.—In order for 

12 consent to exist under subsection (b) or (c), the person 

13 displaying or seeking to display, selling or attempting to 

14 sell, or purchasing or attempting to purchase, an individ15 ual’s social security number shall—

16 ‘‘(1) inform the individual of the general pur17 pose for which the number will be used, the types of 

18 persons to whom the number may be available, and 

19 the scope of transactions permitted by the consent; 

20 and 

21 ‘‘(2) obtain the affirmatively expressed consent 

22 (electronically or in writing) of the individual. 

23 ‘‘(e) EXCEPTIONS.—Nothing in this section shall be 

24 construed to prohibit or limit the display, sale, or purchase 

25 of a social security number—
164

•S 22 IS 

1 ‘‘(1) required, authorized, or excepted under 

2 any Federal law; 

3 ‘‘(2) for a public health purpose, including the 

4 protection of the health or safety of an individual in 

5 an emergency situation; 

6 ‘‘(3) for a national security purpose; 

7 ‘‘(4) for a law enforcement purpose, including 

8 the investigation of fraud and the enforcement of a 

9 child support obligation; 

10 ‘‘(5) if the display, sale, or purchase of the 

11 number is for a use occurring as a result of an inter12 action between businesses, governments, or business 

13 and government (regardless of which entity initiates 

14 the interaction), including, but not limited to—

15 ‘‘(A) the prevention of fraud (including 

16 fraud in protecting an employee’s right to em17 ployment benefits); 

18 ‘‘(B) the facilitation of credit checks or the 

19 facilitation of background checks of employees, 

20 prospective employees, or volunteers; 

21 ‘‘(C) the retrieval of other information 

22 from other businesses, commercial enterprises, 

23 government entities, or private nonprofit orga24 nizations; or
165

•S 22 IS 

1 ‘‘(D) when the transmission of the number 

2 is incidental to, and in the course of, the sale, 

3 lease, franchising, or merger of all, or a portion 

4 of, a business; 

5 ‘‘(6) if the transfer of such a number is part of 

6 a data matching program involving a Federal, State, 

7 or local agency; or 

8 ‘‘(7) if such number is required to be submitted 

9 as part of the process for applying for any type of 

10 Federal, State, or local government benefit or pro11 gram; 

12 except that, nothing in this subsection shall be construed 

13 as permitting a professional or commercial user to display 

14 or sell a social security number to the general public. 

15 ‘‘(f) LIMITATION.—Nothing in this section shall pro16 hibit or limit the display, sale, or purchase of social secu17 rity numbers as permitted under title V of the Gramm18 Leach-Bliley Act, or for the purpose of affiliate sharing 

19 as permitted under the Fair Credit Reporting Act, except 

20 that no entity regulated under such Acts may make social 

21 security numbers available to the general public, as may 

22 be determined by the appropriate regulators under such 

23 Acts. For purposes of this subsection, the general public 

24 shall not include affiliates or unaffiliated third-party busi-
166

•S 22 IS 

1 ness entities as may be defined by the appropriate regu2 lators.’’. 

3 (2) CONFORMING AMENDMENT.—The chapter 

4 analysis for chapter 47 of title 18, United States 

5 Code, is amended by inserting after the item relating 

6 to section 1028 the following:

‘‘1028A. Prohibition of the display, sale, or purchase of social security numbers.’’.

7 (b) STUDY; REPORT.—

8 (1) IN GENERAL.—The Attorney General shall 

9 conduct a study and prepare a report on all of the 

10 uses of social security numbers permitted, required, 

11 authorized, or excepted under any Federal law. The 

12 report shall include a detailed description of the uses 

13 allowed as of the date of enactment of this Act and 

14 shall evaluate whether such uses should be continued 

15 or discontinued by appropriate legislative action. 

16 (2) REPORT.—Not later than 1 year after the 

17 date of enactment of this Act, the Attorney General 

18 shall report to Congress findings under this sub19 section. The report shall include such recommenda20 tions for legislation based on criteria the Attorney 

21 General determines to be appropriate. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on the date that is 30 days 
167

•S 22 IS 

1 after the date on which the final regulations promulgated 

2 under section 3135 are published in the Federal Register. 

3 SEC. 3134. APPLICATION OF PROHIBITION OF THE DISPLAY, 

4 SALE, OR PURCHASE OF SOCIAL SECURITY 

5 NUMBERS TO PUBLIC RECORDS. 

6 (a) PUBLIC RECORDS EXCEPTION.—

7 (1) IN GENERAL.—Chapter 47 of title 18, 

8 United States Code (as amended by section 3(a)(1)), 

9 is amended by inserting after section 1028A the fol10 lowing: 

11 ‘‘§ 1028B. Display, sale, or purchase of public records 

12 containing social security numbers 

13 ‘‘(a) DEFINITION.—In this section, the term ‘public 

14 record’ means any governmental record that is made avail15 able to the general public. 

16 ‘‘(b) IN GENERAL.—Except as provided in sub17 sections (c), (d), and (e), section 1028A shall not apply 

18 to a public record. 

19 ‘‘(c) PUBLIC RECORDS ON THE INTERNET OR IN AN

20 ELECTRONIC MEDIUM.—

21 ‘‘(1) IN GENERAL.—Section 1028A shall apply 

22 to any public record first posted onto the Internet 

23 or provided in an electronic medium by, or on behalf 

24 of a government entity after the date of enactment 
168

•S 22 IS 

1 of this section, except as limited by the Attorney 

2 General in accordance with paragraph (2). 

3 ‘‘(2) EXCEPTION FOR GOVERNMENT ENTITIES

4 ALREADY PLACING PUBLIC RECORDS ON THE INTER5 NET OR IN ELECTRONIC FORM.—Not later than 60 

6 days after the date of enactment of this section, the 

7 Attorney General shall issue regulations regarding 

8 the applicability of section 1028A to any record of 

9 a category of public records first posted onto the 

10 Internet or provided in an electronic medium by, or 

11 on behalf of a government entity prior to the date 

12 of enactment of this section. The regulations will de13 termine which individual records within categories of 

14 records of these government entities, if any, may 

15 continue to be posted on the Internet or in electronic 

16 form after the effective date of this section. In pro17 mulgating these regulations, the Attorney General 

18 may include in the regulations a set of procedures 

19 for implementing the regulations and shall consider 

20 the following: 

21 ‘‘(A) The cost and availability of tech22 nology available to a governmental entity to re23 dact social security numbers from public 

24 records first provided in electronic form after 

25 the effective date of this section. 
169

•S 22 IS 

1 ‘‘(B) The cost or burden to the general 

2 public, businesses, commercial enterprises, non3 profit organizations, and to Federal, State, and 

4 local governments of complying with section 

5 1028A with respect to such records. 

6 ‘‘(C) The benefit to the general public, 

7 businesses, commercial enterprises, non-profit 

8 organizations, and to Federal, State, and local 

9 governments if the Attorney General were to 

10 determine that section 1028A should apply to 

11 such records. 

12 Nothing in the regulation shall permit a public enti13 ty to post a category of public records on the Inter14 net or in electronic form after the effective date of 

15 this section if such category had not been placed on 

16 the Internet or in electronic form prior to such effec17 tive date. 

18 ‘‘(d) HARVESTED SOCIAL SECURITY NUMBERS.—

19 Section 1028A shall apply to any public record of a gov20 ernment entity which contains social security numbers ex21 tracted from other public records for the purpose of dis22 playing or selling such numbers to the general public. 

23 ‘‘(e) ATTORNEY GENERAL RULEMAKING ON PAPER

24 RECORDS.—
170

•S 22 IS 

1 ‘‘(1) IN GENERAL.—Not later than 60 days 

2 after the date of enactment of this section, the At3 torney General shall determine the feasibility and 

4 advisability of applying section 1028A to the records 

5 listed in paragraph (2) when they appear on paper 

6 or on another nonelectronic medium. If the Attorney 

7 General deems it appropriate, the Attorney General 

8 may issue regulations applying section 1028A to 

9 such records. 

10 ‘‘(2) LIST OF PAPER AND OTHER NONELEC11 TRONIC RECORDS.—The records listed in this para12 graph are as follows: 

13 ‘‘(A) Professional or occupational licenses. 

14 ‘‘(B) Marriage licenses. 

15 ‘‘(C) Birth certificates. 

16 ‘‘(D) Death certificates. 

17 ‘‘(E) Other short public documents that 

18 display a social security number in a routine 

19 and consistent manner on the face of the docu20 ment. 

21 ‘‘(3) CRITERIA FOR ATTORNEY GENERAL RE22 VIEW.—In determining whether section 1028A 

23 should apply to the records listed in paragraph (2), 

24 the Attorney General shall consider the following: 
171

•S 22 IS 

1 ‘‘(A) The cost or burden to the general 

2 public, businesses, commercial enterprises, non3 profit organizations, and to Federal, State, and 

4 local governments of complying with section 

5 1028A. 

6 ‘‘(B) The benefit to the general public, 

7 businesses, commercial enterprises, non-profit 

8 organizations, and to Federal, State, and local 

9 governments if the Attorney General were to 

10 determine that section 1028A should apply to 

11 such records.’’. 

12 (2) CONFORMING AMENDMENT.—The chapter 

13 analysis for chapter 47 of title 18, United States 

14 Code (as amended by section 3(a)(2)), is amended 

15 by inserting after the item relating to section 1028A 

16 the following:

‘‘1028B. Display, sale, or purchase of public records containing social security 

numbers.’’.

17 (b) STUDY AND REPORT ON SOCIAL SECURITY NUM18 BERS IN PUBLIC RECORDS.—

19 (1) STUDY.—The Comptroller General of the 

20 United States shall conduct a study and prepare a 

21 report on social security numbers in public records. 

22 In developing the report, the Comptroller General 

23 shall consult with the Administrative Office of the 

24 United States Courts, State and local governments 
172

•S 22 IS 

1 that store, maintain, or disseminate public records, 

2 and other stakeholders, including members of the 

3 private sector who routinely use public records that 

4 contain social security numbers. 

5 (2) REPORT.—Not later than 1 year after the 

6 date of enactment of this Act, the Comptroller Gen7 eral of the United States shall submit to Congress 

8 a report on the study conducted under paragraph 

9 (1). The report shall include a detailed description 

10 of the activities and results of the study and rec11 ommendations for such legislative action as the 

12 Comptroller General considers appropriate. The re13 port, at a minimum, shall include—

14 (A) a review of the uses of social security 

15 numbers in non-federal public records; 

16 (B) a review of the manner in which public 

17 records are stored (with separate reviews for 

18 both paper records and electronic records); 

19 (C) a review of the advantages or utility of 

20 public records that contain social security num21 bers, including the utility for law enforcement, 

22 and for the promotion of homeland security; 

23 (D) a review of the disadvantages or draw24 backs of public records that contain social secu25 rity numbers, including criminal activity, com-
173

•S 22 IS 

1 promised personal privacy, or threats to home2 land security; 

3 (E) the costs and benefits for State and 

4 local governments of removing social security 

5 numbers from public records, including a review 

6 of current technologies and procedures for re7 moving social security numbers from public 

8 records; and 

9 (F) an assessment of the benefits and 

10 costs to businesses, their customers, and the 

11 general public of prohibiting the display of so12 cial security numbers on public records (with 

13 separate assessments for both paper records 

14 and electronic records).

15 (c) EFFECTIVE DATE.—The prohibition with respect 

16 to electronic versions of new classes of public records 

17 under section 1028B(b) of title 18, United States Code 

18 (as added by subsection (a)(1)) shall not take effect until 

19 the date that is 60 days after the date of enactment of 

20 this Act. 

21 SEC. 3135. RULEMAKING AUTHORITY OF THE ATTORNEY 

22 GENERAL. 

23 (a) IN GENERAL.—Except as provided in subsection 

24 (b), the Attorney General may prescribe such rules and 

25 regulations as the Attorney General deems necessary to 
174

•S 22 IS 

1 carry out the provisions of section 1028A(e)(5) of title 18, 

2 United States Code (as added by section 3133(a)(1)). 

3 (b) DISPLAY, SALE, OR PURCHASE RULEMAKING

4 WITH RESPECT TO INTERACTIONS BETWEEN BUSI5 NESSES, GOVERNMENTS, OR BUSINESS AND GOVERN6 MENT.—

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this Act, the Attorney Gen9 eral, in consultation with the Commissioner of Social 

10 Security, the Chairman of the Federal Trade Com11 mission, and such other heads of Federal agencies as 

12 the Attorney General determines appropriate, shall 

13 conduct such rulemaking procedures in accordance 

14 with subchapter II of chapter 5 of title 5, United 

15 States Code, as are necessary to promulgate regula16 tions to implement and clarify the uses occurring as 

17 a result of an interaction between businesses, gov18 ernments, or business and government (regardless of 

19 which entity initiates the interaction) permitted 

20 under section 1028A(e)(5) of title 18, United States 

21 Code (as added by section 3133(a)(1)). 

22 (2) FACTORS TO BE CONSIDERED.—In promul23 gating the regulations required under paragraph (1), 

24 the Attorney General shall, at a minimum, consider 

25 the following:
175

•S 22 IS 

1 (A) The benefit to a particular business, to 

2 customers of the business, and to the general 

3 public of the display, sale, or purchase of an in4 dividual’s social security number.

5 (B) The costs that businesses, customers 

6 of businesses, and the general public may incur 

7 as a result of prohibitions on the display, sale, 

8 or purchase of social security numbers. 

9 (C) The risk that a particular business 

10 practice will promote the use of a social security 

11 number to commit fraud, deception, or crime. 

12 (D) The presence of adequate safeguards 

13 and procedures to prevent—

14 (i) misuse of social security numbers 

15 by employees within a business; and 

16 (ii) misappropriation of social security 

17 numbers by the general public, while per18 mitting internal business uses of such 

19 numbers. 

20 (E) The presence of procedures to prevent 

21 identity thieves, stalkers, and other individuals 

22 with ill intent from posing as legitimate busi23 nesses to obtain social security numbers. 
176

•S 22 IS 

1 SEC. 3136. TREATMENT OF SOCIAL SECURITY NUMBERS ON 

2 GOVERNMENT DOCUMENTS. 

3 (a) PROHIBITION OF USE OF SOCIAL SECURITY AC4 COUNT NUMBERS ON CHECKS ISSUED FOR PAYMENT BY

5 GOVERNMENTAL AGENCIES.—

6 (1) IN GENERAL.—Section 205(c)(2)(C) of the 

7 Social Security Act (42 U.S.C. 405(c)(2)(C)) is 

8 amended by adding at the end the following: 

9 ‘‘(x) No Federal, State, or local agency may display 

10 the social security account number of any individual, or 

11 any derivative of such number, on any check issued for 

12 any payment by the Federal, State, or local agency.’’. 

13 (2) EFFECTIVE DATE.—The amendment made 

14 by this subsection shall apply with respect to viola15 tions of section 205(c)(2)(C)(x) of the Social Secu16 rity Act (42 U.S.C. 405(c)(2)(C)(x)), as added by 

17 paragraph (1), occurring after the date that is 3 

18 years after the date of enactment of this Act. 

19 (b) PROHIBITION OF APPEARANCE OF SOCIAL SECU20 RITY ACCOUNT NUMBERS ON DRIVER’S LICENSES OR

21 MOTOR VEHICLE REGISTRATION.—

22 (1) IN GENERAL.—Section 205(c)(2)(C)(vi) of 

23 the Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) 

24 is amended—

25 (A) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and 

26 (B) by adding at the end the following: 
177

•S 22 IS 

1 ‘‘(II)(aa) An agency of a State (or political subdivi2 sion thereof), in the administration of any driver’s license 

3 or motor vehicle registration law within its jurisdiction, 

4 may not display the social security account numbers 

5 issued by the Commissioner of Social Security, or any de6 rivative of such numbers, on the face of any driver’s li7 cense or motor vehicle registration or any other document 

8 issued by such State (or political subdivision thereof) to 

9 an individual for purposes of identification of such indi10 vidual. 

11 ‘‘(bb) Nothing in this subclause shall be construed 

12 as precluding an agency of a State (or political subdivision 

13 thereof), in the administration of any driver’s license or 

14 motor vehicle registration law within its jurisdiction, from 

15 using a social security account number for an internal use 

16 or to link with the database of an agency of another State 

17 that is responsible for the administration of any driver’s 

18 license or motor vehicle registration law.’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall apply with respect to li21 censes, registrations, and other documents issued or 

22 reissued after the date that is 1 year after the date 

23 of enactment of this Act. 

24 (c) PROHIBITION OF INMATE ACCESS TO SOCIAL SE25 CURITY ACCOUNT NUMBERS.—
178

•S 22 IS 

1 (1) IN GENERAL.—Section 205(c)(2)(C) of the 

2 Social Security Act (42 U.S.C. 405(c)(2)(C)) (as 

3 amended by subsection (b)) is amended by adding at 

4 the end the following: 

5 ‘‘(xi) No Federal, State, or local agency may employ, 

6 or enter into a contract for the use or employment of, pris7 oners in any capacity that would allow such prisoners ac8 cess to the social security account numbers of other indi9 viduals. For purposes of this clause, the term ‘prisoner’ 

10 means an individual confined in a jail, prison, or other 

11 penal institution or correctional facility pursuant to such 

12 individual’s conviction of a criminal offense.’’. 

13 (2) EFFECTIVE DATE.—The amendment made 

14 by this subsection shall apply with respect to em15 ployment of prisoners, or entry into contract with 

16 prisoners, after the date that is 1 year after the date 

17 of enactment of this Act. 

18 SEC. 3137. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL 

19 SECURITY NUMBER FOR CONSUMER TRANS20 ACTIONS. 

21 (a) IN GENERAL.—Part A of title XI of the Social 

22 Security Act (42 U.S.C. 1301 et seq.) is amended by add23 ing at the end the following: 
179

•S 22 IS 

1 ‘‘SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SO2 CIAL SECURITY NUMBER FOR CONSUMER 

3 TRANSACTIONS. 

4 ‘‘(a) IN GENERAL.—A commercial entity may not re5 quire an individual to provide the individual’s social secu6 rity number when purchasing a commercial good or service 

7 or deny an individual the good or service for refusing to 

8 provide that number except—

9 ‘‘(1) for any purpose relating to—

10 ‘‘(A) obtaining a consumer report for any 

11 purpose permitted under the Fair Credit Re12 porting Act; 

13 ‘‘(B) a background check of the individual 

14 conducted by a landlord, lessor, employer, vol15 untary service agency, or other entity as deter16 mined by the Attorney General; 

17 ‘‘(C) law enforcement; or 

18 ‘‘(D) a Federal, State, or local law require19 ment; or 

20 ‘‘(2) if the social security number is necessary 

21 to verify the identity of the consumer to effect, ad22 minister, or enforce the specific transaction re23 quested or authorized by the consumer, or to prevent 

24 fraud.
180

•S 22 IS 

1 ‘‘(b) APPLICATION OF CIVIL MONEY PENALTIES.—

2 A violation of this section shall be deemed to be a violation 

3 of section 1129(a)(3)(F).

4 ‘‘(c) APPLICATION OF CRIMINAL PENALTIES.—A vio5 lation of this section shall be deemed to be a violation of 

6 section 208(a)(8). 

7 ‘‘(d) LIMITATION ON CLASS ACTIONS.—No class ac8 tion alleging a violation of this section shall be maintained 

9 under this section by an individual or any private party 

10 in Federal or State court. 

11 ‘‘(e) STATE ATTORNEY GENERAL ENFORCEMENT.—

12 ‘‘(1) IN GENERAL.—

13 ‘‘(A) CIVIL ACTIONS.—In any case in 

14 which the attorney general of a State has rea15 son to believe that an interest of the residents 

16 of that State has been or is threatened or ad17 versely affected by the engagement of any per18 son in a practice that is prohibited under this 

19 section, the State, as parens patriae, may bring 

20 a civil action on behalf of the residents of the 

21 State in a district court of the United States of 

22 appropriate jurisdiction to—

23 ‘‘(i) enjoin that practice; 

24 ‘‘(ii) enforce compliance with such 

25 section; 
181

•S 22 IS 

1 ‘‘(iii) obtain damages, restitution, or 

2 other compensation on behalf of residents 

3 of the State; or 

4 ‘‘(iv) obtain such other relief as the 

5 court may consider appropriate. 

6 ‘‘(B) NOTICE.—

7 ‘‘(i) IN GENERAL.—Before filing an 

8 action under subparagraph (A), the attor9 ney general of the State involved shall pro10 vide to the Attorney General—

11 ‘‘(I) written notice of the action; 

12 and 

13 ‘‘(II) a copy of the complaint for 

14 the action. 

15 ‘‘(ii) EXEMPTION.—

16 ‘‘(I) IN GENERAL.—Clause (i) 

17 shall not apply with respect to the fil18 ing of an action by an attorney gen19 eral of a State under this subsection, 

20 if the State attorney general deter21 mines that it is not feasible to provide 

22 the notice described in such subpara23 graph before the filing of the action. 

24 ‘‘(II) NOTIFICATION.—With re25 spect to an action described in sub-
182

•S 22 IS 

1 clause (I), the attorney general of a 

2 State shall provide notice and a copy 

3 of the complaint to the Attorney Gen4 eral at the same time as the State at5 torney general files the action. 

6 ‘‘(2) INTERVENTION.—

7 ‘‘(A) IN GENERAL.—On receiving notice 

8 under paragraph (1)(B), the Attorney General 

9 shall have the right to intervene in the action 

10 that is the subject of the notice. 

11 ‘‘(B) EFFECT OF INTERVENTION.—If the 

12 Attorney General intervenes in the action under 

13 paragraph (1), the Attorney General shall have 

14 the right to be heard with respect to any matter 

15 that arises in that action. 

16 ‘‘(3) CONSTRUCTION.—For purposes of bring17 ing any civil action under paragraph (1), nothing in 

18 this section shall be construed to prevent an attor19 ney general of a State from exercising the powers 

20 conferred on such attorney general by the laws of 

21 that State to—

22 ‘‘(A) conduct investigations; 

23 ‘‘(B) administer oaths or affirmations; or 
183

•S 22 IS 

1 ‘‘(C) compel the attendance of witnesses or 

2 the production of documentary and other evi3 dence. 

4 ‘‘(4) ACTIONS BY THE ATTORNEY GENERAL OF

5 THE UNITED STATES.—In any case in which an ac6 tion is instituted by or on behalf of the Attorney 

7 General for violation of a practice that is prohibited 

8 under this section, no State may, during the pend9 ency of that action, institute an action under para10 graph (1) against any defendant named in the com11 plaint in that action for violation of that practice. 

12 ‘‘(5) VENUE; SERVICE OF PROCESS.—

13 ‘‘(A) VENUE.—Any action brought under 

14 paragraph (1) may be brought in the district 

15 court of the United States that meets applicable 

16 requirements relating to venue under section 

17 1391 of title 28, United States Code. 

18 ‘‘(B) SERVICE OF PROCESS.—In an action 

19 brought under paragraph (1), process may be 

20 served in any district in which the defendant—

21 ‘‘(i) is an inhabitant; or 

22 ‘‘(ii) may be found. 

23 ‘‘(f) SUNSET.—This section shall not apply on or 

24 after the date that is 6 years after the effective date of 

25 this section.’’. 
184

•S 22 IS 

1 (b) EVALUATION AND REPORT.—Not later than the 

2 date that is 6 years and 6 months after the date of enact3 ment of this Act, the Attorney General, in consultation 

4 with the chairman of the Federal Trade Commission, shall 

5 issue a report evaluating the effectiveness and efficiency 

6 of section 1150A of the Social Security Act (as added by 

7 subsection (a)) and shall make recommendations to Con8 gress as to any legislative action determined to be nec9 essary or advisable with respect to such section, including 

10 a recommendation regarding whether to reauthorize such 

11 section. 

12 (c) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall apply to requests to provide a social 

14 security number occurring after the date that is 1 year 

15 after the date of enactment of this Act. 

16 SEC. 3138. EXTENSION OF CIVIL MONETARY PENALTIES 

17 FOR MISUSE OF A SOCIAL SECURITY NUM18 BER. 

19 (a) TREATMENT OF WITHHOLDING OF MATERIAL

20 FACTS.—

21 (1) CIVIL PENALTIES.—The first sentence of 

22 section 1129(a)(1) of the Social Security Act (42 

23 U.S.C. 1320a–8(a)(1)) is amended—

24 (A) by striking ‘‘who’’ and inserting 

25 ‘‘who—’’;
185

•S 22 IS 

1 (B) by striking ‘‘makes’’ and all that fol2 lows through ‘‘shall be subject to’’ and inserting 

3 the following: 

4 ‘‘(A) makes, or causes to be made, a statement 

5 or representation of a material fact, for use in deter6 mining any initial or continuing right to or the 

7 amount of monthly insurance benefits under title II 

8 or benefits or payments under title VIII or XVI, 

9 that the person knows or should know is false or 

10 misleading; 

11 ‘‘(B) makes such a statement or representation 

12 for such use with knowing disregard for the truth; 

13 or 

14 ‘‘(C) omits from a statement or representation 

15 for such use, or otherwise withholds disclosure of, a 

16 fact which the individual knows or should know is 

17 material to the determination of any initial or con18 tinuing right to or the amount of monthly insurance 

19 benefits under title II or benefits or payments under 

20 title VIII or XVI and the individual knows, or 

21 should know, that the statement or representation 

22 with such omission is false or misleading or that the 

23 withholding of such disclosure is misleading, 

24 shall be subject to’’; 
186

•S 22 IS 

1 (C) by inserting ‘‘or each receipt of such 

2 benefits while withholding disclosure of such 

3 fact’’ after ‘‘each such statement or representa4 tion’’; 

5 (D) by inserting ‘‘or because of such with6 holding of disclosure of a material fact’’ after 

7 ‘‘because of such statement or representation’’; 

8 and

9 (E) by inserting ‘‘or such a withholding of 

10 disclosure’’ after ‘‘such a statement or rep11 resentation’’. 

12 (2) ADMINISTRATIVE PROCEDURE FOR IMPOS13 ING PENALTIES.—The first sentence of section 

14 1129A(a) of the Social Security Act (42 U.S.C. 

15 1320a–8a(a)) is amended—

16 (A) by striking ‘‘who’’ and inserting 

17 ‘‘who—’’; and 

18 (B) by striking ‘‘makes’’ and all that fol19 lows through ‘‘shall be subject to’’ and inserting 

20 the following: 

21 ‘‘(1) makes, or causes to be made, a statement 

22 or representation of a material fact, for use in deter23 mining any initial or continuing right to or the 

24 amount of monthly insurance benefits under title II 

25 or benefits or payments under title VIII or XVI, 
187

•S 22 IS 

1 that the person knows or should know is false or 

2 misleading; 

3 ‘‘(2) makes such a statement or representation 

4 for such use with knowing disregard for the truth; 

5 or 

6 ‘‘(3) omits from a statement or representation 

7 for such use, or otherwise withholds disclosure of, a 

8 fact which the individual knows or should know is 

9 material to the determination of any initial or con10 tinuing right to or the amount of monthly insurance 

11 benefits under title II or benefits or payments under 

12 title VIII or XVI and the individual knows, or 

13 should know, that the statement or representation 

14 with such omission is false or misleading or that the 

15 withholding of such disclosure is misleading, 

16 shall be subject to’’. 

17 (b) APPLICATION OF CIVIL MONEY PENALTIES TO

18 ELEMENTS OF CRIMINAL VIOLATIONS.—Section 1129(a) 

19 of the Social Security Act (42 U.S.C. 1320a–8(a)), as 

20 amended by subsection (a)(1), is amended—

21 (1) by redesignating paragraph (2) as para22 graph (4); 

23 (2) by redesignating the last sentence of para24 graph (1) as paragraph (2) and inserting such para25 graph after paragraph (1); and 
188

•S 22 IS 

1 (3) by inserting after paragraph (2) (as so re2 designated) the following: 

3 ‘‘(3) Any person (including an organization, agency, 

4 or other entity) who—

5 ‘‘(A) uses a social security account number that 

6 such person knows or should know has been as7 signed by the Commissioner of Social Security (in an 

8 exercise of authority under section 205(c)(2) to es9 tablish and maintain records) on the basis of false 

10 information furnished to the Commissioner by any 

11 person; 

12 ‘‘(B) falsely represents a number to be the so13 cial security account number assigned by the Com14 missioner of Social Security to any individual, when 

15 such person knows or should know that such number 

16 is not the social security account number assigned 

17 by the Commissioner to such individual; 

18 ‘‘(C) knowingly alters a social security card 

19 issued by the Commissioner of Social Security, or 

20 possesses such a card with intent to alter it; 

21 ‘‘(D) knowingly displays, sells, or purchases a 

22 card that is, or purports to be, a card issued by the 

23 Commissioner of Social Security, or possesses such 

24 a card with intent to display, purchase, or sell it; 
189

•S 22 IS 

1 ‘‘(E) counterfeits a social security card, or pos2 sesses a counterfeit social security card with intent 

3 to display, sell, or purchase it; 

4 ‘‘(F) discloses, uses, compels the disclosure of, 

5 or knowingly displays, sells, or purchases the social 

6 security account number of any person in violation 

7 of the laws of the United States; 

8 ‘‘(G) with intent to deceive the Commissioner of 

9 Social Security as to such person’s true identity (or 

10 the true identity of any other person) furnishes or 

11 causes to be furnished false information to the Com12 missioner with respect to any information required 

13 by the Commissioner in connection with the estab14 lishment and maintenance of the records provided 

15 for in section 205(c)(2); 

16 ‘‘(H) offers, for a fee, to acquire for any indi17 vidual, or to assist in acquiring for any individual, 

18 an additional social security account number or a 

19 number which purports to be a social security ac20 count number; or 

21 ‘‘(I) being an officer or employee of a Federal, 

22 State, or local agency in possession of any individ23 ual’s social security account number, willfully acts or 

24 fails to act so as to cause a violation by such agency 

25 of clause (vi)(II) or (x) of section 205(c)(2)(C), shall 
190

•S 22 IS 

1 be subject to, in addition to any other penalties that 

2 may be prescribed by law, a civil money penalty of 

3 not more than $5,000 for each violation. Such per4 son shall also be subject to an assessment, in lieu 

5 of damages sustained by the United States resulting 

6 from such violation, of not more than twice the 

7 amount of any benefits or payments paid as a result 

8 of such violation.’’. 

9 (c) CLARIFICATION OF TREATMENT OF RECOVERED

10 AMOUNTS.—Section 1129(e)(2)(B) of the Social Security 

11 Act (42 U.S.C. 1320a–8(e)(2)(B)) is amended by striking 

12 ‘‘In the case of amounts recovered arising out of a deter13 mination relating to title VIII or XVI,’’ and inserting ‘‘In 

14 the case of any other amounts recovered under this sec15 tion,’’. 

16 (d) CONFORMING AMENDMENTS.—

17 (1) Section 1129(b)(3)(A) of the Social Secu18 rity Act (42 U.S.C. 1320a–8(b)(3)(A)) is amended 

19 by striking ‘‘charging fraud or false statements’’. 

20 (2) Section 1129(c)(1) of the Social Security 

21 Act (42 U.S.C. 1320a–8(c)(1)) is amended by strik22 ing ‘‘and representations’’ and inserting ‘‘, represen23 tations, or actions’’. 

24 (3) Section 1129(e)(1)(A) of the Social Security 

25 Act (42 U.S.C. 1320a–8(e)(1)(A)) is amended by 
191

•S 22 IS 

1 striking ‘‘statement or representation referred to in 

2 subsection (a) was made’’ and inserting ‘‘violation 

3 occurred’’. 

4 (e) EFFECTIVE DATES.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by this section 

7 shall apply with respect to violations of sections 

8 1129 and 1129A of the Social Security Act (42 

9 U.S.C. 1320–8 and 1320a–8a), as amended by this 

10 section, committed after the date of enactment of 

11 this Act. 

12 (2) VIOLATIONS BY GOVERNMENT AGENTS IN

13 POSSESSION OF SOCIAL SECURITY NUMBERS.—Sec14 tion 1129(a)(3)(I) of the Social Security Act (42 

15 U.S.C. 1320a–8(a)(3)(I)), as added by subsection 

16 (b), shall apply with respect to violations of that sec17 tion occurring on or after the effective date de18 scribed in section 3133(c). 

19 SEC. 3139. CRIMINAL PENALTIES FOR MISUSE OF A SOCIAL 

20 SECURITY NUMBER. 

21 (a) PROHIBITION OF WRONGFUL USE AS PERSONAL

22 IDENTIFICATION NUMBER.—No person may obtain any 

23 individual’s social security number for purposes of locating 

24 or identifying an individual with the intent to physically 
192

•S 22 IS 

1 injure, harm, or use the identity of the individual for any 

2 illegal purpose. 

3 (b) CRIMINAL SANCTIONS.—Section 208(a) of the 

4 Social Security Act (42 U.S.C. 408(a)) is amended—

5 (1) in paragraph (8), by inserting ‘‘or’’ after 

6 the semicolon; and 

7 (2) by inserting after paragraph (8) the fol8 lowing: 

9 ‘‘(9) except as provided in subsections (e) and 

10 (f) of section 1028A of title 18, United States Code, 

11 knowingly and willfully displays, sells, or purchases 

12 (as those terms are defined in section 1028A(a) of 

13 title 18, United States Code) any individual’s social 

14 security account number without having met the 

15 prerequisites for consent under section 1028A(d) of 

16 title 18, United States Code; or 

17 ‘‘(10) obtains any individual’s social security 

18 number for the purpose of locating or identifying the 

19 individual with the intent to injure or to harm that 

20 individual, or to use the identity of that individual 

21 for an illegal purpose;’’. 

22 SEC. 3140. CIVIL ACTIONS AND CIVIL PENALTIES. 

23 (a) CIVIL ACTION IN STATE COURTS.—

24 (1) IN GENERAL.—Any individual aggrieved by 

25 an act of any person in violation of this part or any 
193

•S 22 IS 

1 amendments made by this part may, if otherwise 

2 permitted by the laws or rules of the court of a 

3 State, bring in an appropriate court of that State—

4 (A) an action to enjoin such violation; 

5 (B) an action to recover for actual mone6 tary loss from such a violation, or to receive up 

7 to $500 in damages for each such violation, 

8 whichever is greater; or 

9 (C) both such actions. 

10 It shall be an affirmative defense in any action 

11 brought under this paragraph that the defendant 

12 has established and implemented, with due care, rea13 sonable practices and procedures to effectively pre14 vent violations of the regulations prescribed under 

15 this part. If the court finds that the defendant will16 fully or knowingly violated the regulations prescribed 

17 under this Act, the court may, in its discretion, in18 crease the amount of the award to an amount equal 

19 to not more than 3 times the amount available 

20 under subparagraph (B). 

21 (2) STATUTE OF LIMITATIONS.—An action may 

22 be commenced under this subsection not later than 

23 the earlier of—

24 (A) 5 years after the date on which the al25 leged violation occurred; or 
194

•S 22 IS 

1 (B) 3 years after the date on which the al2 leged violation was or should have been reason3 ably discovered by the aggrieved individual. 

4 (3) NONEXCLUSIVE REMEDY.—The remedy pro5 vided under this subsection shall be in addition to 

6 any other remedies available to the individual. 

7 (b) CIVIL PENALTIES.—

8 (1) IN GENERAL.—Any person who the Attor9 ney General determines has violated any section of 

10 this part or of any amendments made by this part 

11 shall be subject, in addition to any other penalties 

12 that may be prescribed by law—

13 (A) to a civil penalty of not more than 

14 $5,000 for each such violation; and 

15 (B) to a civil penalty of not more than 

16 $50,000, if the violations have occurred with 

17 such frequency as to constitute a general busi18 ness practice. 

19 (2) DETERMINATION OF VIOLATIONS.—Any 

20 willful violation committed contemporaneously with 

21 respect to the social security numbers of 2 or more 

22 individuals by means of mail, telecommunication, or 

23 otherwise, shall be treated as a separate violation 

24 with respect to each such individual.
195

•S 22 IS 

1 (3) ENFORCEMENT PROCEDURES.—The provi2 sions of section 1128A of the Social Security Act 

3 (42 U.S.C. 1320a–7a), other than subsections (a), 

4 (b), (f), (h), (i), (j), (m), and (n) and the first sen5 tence of subsection (c) of such section, and the pro6 visions of subsections (d) and (e) of section 205 of 

7 such Act (42 U.S.C. 405) shall apply to a civil pen8 alty action under this subsection in the same man9 ner as such provisions apply to a penalty or pro10 ceeding under section 1128A(a) of such Act (42 

11 U.S.C. 1320a–7a(a)), except that, for purposes of 

12 this paragraph, any reference in section 1128A of 

13 such Act (42 U.S.C. 1320a–7a) to the Secretary 

14 shall be deemed to be a reference to the Attorney 

15 General. 

16 SEC. 3141. FEDERAL INJUNCTIVE AUTHORITY. 

17 In addition to any other enforcement authority con18 ferred under this part or the amendments made by this 

19 part, the Federal Government shall have injunctive au20 thority with respect to any violation by a public entity of 

21 any provision of this part or of any amendments made 

22 by this part. 
196

•S 22 IS 

1 Subtitle B—Crime Victim 

2 Assistance 

3 SEC. 3201. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Crime Victims As5 sistance Act of 2003’’. 

6 PART 1—VICTIM RIGHTS IN THE FEDERAL 

7 SYSTEM 

8 SEC. 3211. RIGHT TO CONSULT CONCERNING DETENTION. 

9 (a) RIGHT TO CONSULT CONCERNING DETEN10 TION.—Section 503(c) of the Victims’ Rights and Restitu11 tion Act of 1990 (42 U.S.C. 10607(c)) is amended by 

12 striking paragraph (2) and inserting the following: 

13 ‘‘(2) A responsible official shall—

14 ‘‘(A) arrange for a victim to receive rea15 sonable protection from a suspected offender 

16 and persons acting in concert with or at the be17 hest of the suspected offender; and 

18 ‘‘(B) consult with a victim prior to a de19 tention hearing to obtain information that can 

20 be presented to the court on the issue of any 

21 threat the suspected offender may pose to the 

22 safety of the victim.’’. 

23 (b) COURT CONSIDERATION OF THE VIEWS OF VIC24 TIMS.—Chapter 207 of title 18, United States Code, is 

25 amended—
197

•S 22 IS 

1 (1) in section 3142—

2 (A) in subsection (g)—

3 (i) in paragraph (3), by striking 

4 ‘‘and’’ at the end; 

5 (ii) by redesignating paragraph (4) as 

6 paragraph (5); and 

7 (iii) by inserting after paragraph (3) 

8 the following: 

9 ‘‘(4) the views of the victim; and’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(k) VIEWS OF THE VICTIM.—During a hearing 

12 under subsection (f), the judicial officer shall inquire of 

13 the attorney for the Government if the victim has been 

14 consulted on the issue of detention and the views of such 

15 victim, if any.’’. 

16 (2) in section 3156(a)—

17 (A) in paragraph (4), by striking ‘‘and’’ at 

18 the end; 

19 (B) in paragraph (5), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(6) the term ‘‘victim’’ includes all persons de23 fined as victims in section 503(e)(2) of the Victims’ 

24 Rights and Restitution Act of 1990 (42 U.S.C. 

25 10607(e)(2)).’’. 
198

•S 22 IS 

1 SEC. 3212. RIGHT TO A SPEEDY TRIAL. 

2 Section 3161(h)(8)(B) of title 18, United States 

3 Code, is amended by adding at the end the following: 

4 ‘‘(v) The interests of the victim (as defined in section 

5 10607(e)(2) of title 42, United States Code) in the prompt 

6 and appropriate disposition of the case, free from unrea7 sonable delay.’’. 

8 SEC. 3213. RIGHT TO CONSULT CONCERNING PLEA. 

9 (a) RIGHT TO CONSULT CONCERNING PLEA.—Sec10 tion 503(c) of the Victims’ Rights and Restitution Act of 

11 1990 (42 U.S.C. 10607(c)) is amended—

12 (1) by redesignating paragraphs (4) through 

13 (8) as paragraphs (5) through (9), respectively; and 

14 (2) by inserting after paragraph (3) the fol15 lowing: 

16 ‘‘(4) A responsible official shall make reason17 able efforts to notify a victim of, and consider the 

18 views of a victim about, any proposed or con19 templated plea agreement. In determining what is 

20 reasonable, the responsible official should consider 

21 factors relevant to the wisdom and practicality of 

22 giving notice and considering views in the context of 

23 the particular case, including—

24 ‘‘(A) the impact on public safety and risks 

25 to personal safety; 

26 ‘‘(B) the number of victims; 
199

•S 22 IS 

1 ‘‘(C) the need for confidentiality, including 

2 whether the proposed plea involves confidential 

3 information or conditions; 

4 ‘‘(D) whether time is of the essence in ne5 gotiating or entering a proposed plea; and 

6 ‘‘(E) whether the victim is a possible wit7 ness in the case and the effect that relaying any 

8 information may have upon the right of the de9 fendant to a fair trial.’’. 

10 (b) COURT CONSIDERATION OF THE VIEWS OF VIC11 TIMS.—Rule 11 of the Federal Rules of Criminal Proce12 dure is amended—

13 (1) by redesignating subdivisions (g) and (h) as 

14 subdivisions (h) and (i), respectively; and 

15 (2) by inserting after subdivision (f) the fol16 lowing: 

17 ‘‘(g) VIEWS OF THE VICTIM.—Notwithstanding the 

18 acceptance of a plea of guilty, the court should not enter 

19 a judgment upon such plea without making inquiry of the 

20 attorney for the Government if the victim (as defined in 

21 section 503(e)(2) of the Victims’ Rights and Restitution 

22 Act of 1990) has been consulted on the issue of the plea 

23 and the views of such victim, if any.’’. 

24 (c) EFFECTIVE DATE.—
200

•S 22 IS 

1 (1) IN GENERAL.—The amendments made by 

2 subsection (b) shall become effective as provided in 

3 paragraph (3). 

4 (2) ACTION BY JUDICIAL CONFERENCE.—

5 (A) RECOMMENDATIONS.—Not later than 

6 180 days after the date of enactment of this 

7 Act, the Judicial Conference of the United 

8 States shall submit to Congress a report con9 taining recommendations for amending the 

10 Federal Rules of Criminal Procedure to provide 

11 enhanced opportunities for victims to be heard 

12 on the issue of whether or not the court should 

13 accept a plea of guilty or nolo contendere. 

14 (B) INAPPLICABILITY OF OTHER LAW.—

15 Chapter 131 of title 28, United States Code, 

16 does not apply to any recommendation made by 

17 the Judicial Conference of the United States 

18 under this paragraph. 

19 (3) CONGRESSIONAL ACTION.—Except as other20 wise provided by law, if the Judicial Conference of 

21 the United States—

22 (A) submits a report in accordance with 

23 paragraph (2) containing recommendations de24 scribed in that paragraph, and those rec25 ommendations are the same as the amendments 
201

•S 22 IS 

1 made by subsection (b), then the amendments 

2 made by subsection (b) shall become effective 

3 30 days after the date on which the rec4 ommendations are submitted to Congress under 

5 paragraph (2); 

6 (B) submits a report in accordance with 

7 paragraph (2) containing recommendations de8 scribed in that paragraph, and those rec9 ommendations are different in any respect from 

10 the amendments made by subsection (b), the 

11 recommendations made pursuant to paragraph 

12 (2) shall become effective 180 days after the 

13 date on which the recommendations are sub14 mitted to Congress under paragraph (2), unless 

15 an Act of Congress is passed overturning the 

16 recommendations; and 

17 (C) fails to comply with paragraph (2), the 

18 amendments made by subsection (b) shall be19 come effective 360 days after the date of enact20 ment of this Act. 

21 (4) APPLICATION.—Any amendment made pur22 suant to this section (including any amendment 

23 made pursuant to the recommendations of the Judi24 cial Conference of the United States under para-
202

•S 22 IS 

1 graph (2)) shall apply in any proceeding commenced 

2 on or after the effective date of the amendment. 

3 SEC. 3214. ENHANCED PARTICIPATORY RIGHTS AT TRIAL. 

4 (a) AMENDMENTS TO VICTIM RIGHTS CLARIFICA5 TION ACT.—Section 3510 of title 18, United States Code, 

6 is amended—

7 (1) by redesignating subsection (c) as sub8 section (e); and 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) APPLICATION TO TELEVISED PROCEEDINGS.—

12 This section applies to any victim viewing proceedings pur13 suant to section 235 of the Antiterrorism and Effective 

14 Death Penalty Act of 1996 (42 U.S.C. 10608), or any 

15 rule issued thereunder. 

16 ‘‘(d) STANDING.—

17 ‘‘(1) IN GENERAL.—At the request of any vic18 tim of an offense, the attorney for the Government 

19 may assert the right of the victim under this section 

20 to attend and observe the trial. 

21 ‘‘(2) VICTIM STANDING.—If the attorney for 

22 the Government declines to assert the right of a vic23 tim under this section, then the victim has standing 

24 to assert such right. 
203

•S 22 IS 

1 ‘‘(3) APPELLATE REVIEW.—An adverse ruling 

2 on a motion or request by an attorney for the Gov3 ernment or a victim under this subsection may be 

4 appealed or petitioned under the rules governing ap5 pellate actions, provided that no appeal or petition 

6 shall constitute grounds for delaying a criminal pro7 ceeding.’’. 

8 (b) AMENDMENT TO VICTIMS’ RIGHTS AND RESTITU9 TION ACT OF 1990.— Section 502(b) of the Victims’ 

10 Rights and Restitution Act of 1990 (42 U.S.C. 10606(b)) 

11 is amended—

12 (1) by striking paragraph (4) and inserting the 

13 following: 

14 ‘‘(4) The right to be present at all public court 

15 proceedings related to the offense, unless the court 

16 determines that testimony by the victim at trial 

17 would be materially affected if the victim heard the 

18 testimony of other witnesses.’’; and 

19 (2) in paragraph (5), by striking ‘‘attorney’’ 

20 and inserting ‘‘the attorney’’. 

21 SEC. 3215. ENHANCED PARTICIPATORY RIGHTS AT SEN22 TENCING. 

23 (a) VIEWS OF THE VICTIM.—Section 3553(a) of title 

24 18, United States Code, is amended—
204

•S 22 IS 

1 (1) in paragraph (6), by striking ‘‘and’’ at the 

2 end; 

3 (2) by redesignating paragraph (7) as para4 graph (8); and 

5 (3) by inserting after paragraph (6) the fol6 lowing: 

7 ‘‘(7) the impact of the crime upon any victim 

8 of the offense as reflected in any victim impact 

9 statement and the views of any victim of the offense 

10 concerning punishment, if such statement or views 

11 are presented to the court; and’’. 

12 (b) ENHANCED RIGHT TO BE HEARD CONCERNING

13 SENTENCE.—Rule 32 of the Federal Rules of Criminal 

14 Procedure is amended—

15 (1) in subdivision (c)(3)(E), by striking ‘‘if the 

16 sentence is to be imposed for a crime of violence or 

17 sexual abuse,’’; and 

18 (2) by amending subdivision (f) to read as fol19 lows:

20 ‘‘(f) DEFINITION. For purposes of this rule, ‘victim’ 

21 means any individual against whom an offense has been 

22 committed for which a sentence is to be imposed, but the 

23 right of allocution under subdivision (c)(3)(E) may be ex24 ercised instead by—
205

•S 22 IS 

1 ‘‘(1) a parent or legal guardian if the victim is 

2 below the age of eighteen years or incompetent; or 

3 ‘‘(2) one or more family members or relatives 

4 designated by the court if the victim is deceased or 

5 incapacitated; 

6 if such person or persons are present at the sentencing 

7 hearing, regardless of whether the victim is present.’’. 

8 (c) EFFECTIVE DATE.—

9 (1) IN GENERAL.—The amendments made by 

10 subsection (b) shall become effective as provided in 

11 paragraph (3). 

12 (2) ACTION BY JUDICIAL CONFERENCE.—

13 (A) RECOMMENDATIONS.—Not later than 

14 180 days after the date of enactment of this 

15 Act, the Judicial Conference of the United 

16 States shall submit to Congress a report con17 taining recommendations for amending the 

18 Federal Rules of Criminal Procedure to provide 

19 enhanced opportunities for victims to partici20 pate during the presentencing and sentencing 

21 phase of the criminal process. 

22 (B) INAPPLICABILITY OF OTHER LAW.—

23 Chapter 131 of title 28, United States Code, 

24 does not apply to any recommendation made by 
206

•S 22 IS 

1 the Judicial Conference of the United States 

2 under this paragraph. 

3 (3) CONGRESSIONAL ACTION.—Except as other4 wise provided by law, if the Judicial Conference of 

5 the United States—

6 (A) submits a report in accordance with 

7 paragraph (2) containing recommendations de8 scribed in that paragraph, and those rec9 ommendations are the same as the amendments 

10 made by subsection (b), then the amendments 

11 made by subsection (b) shall become effective 

12 30 days after the date on which the rec13 ommendations are submitted to Congress under 

14 paragraph (2); 

15 (B) submits a report in accordance with 

16 paragraph (2) containing recommendations de17 scribed in that paragraph, and those rec18 ommendations are different in any respect from 

19 the amendments made by subsection (b), the 

20 recommendations made pursuant to paragraph 

21 (2) shall become effective 180 days after the 

22 date on which the recommendations are sub23 mitted to Congress under paragraph (2), unless 

24 an Act of Congress is passed overturning the 

25 recommendations; and 
207

•S 22 IS 

1 (C) fails to comply with paragraph (2), the 

2 amendments made by subsection (b) shall be3 come effective 360 days after the date of enact4 ment of this Act. 

5 (4) APPLICATION.—Any amendment made pur6 suant to this section (including any amendment 

7 made pursuant to the recommendations of the Judi8 cial Conference of the United States under para9 graph (2)) shall apply in any proceeding commenced 

10 on or after the effective date of the amendment. 

11 SEC. 3216. RIGHT TO NOTICE CONCERNING SENTENCE AD12 JUSTMENT. 

13 Paragraph (6) of section 503(c) of the Victims’ 

14 Rights and Restitution Act of 1990, as redesignated by 

15 section 3213 of this Act, is amended by striking subpara16 graph (A) and inserting: 

17 ‘‘(A) the scheduling of a parole hearing or 

18 a hearing on modification of probation or super19 vised release for the offender;’’. 

20 SEC. 3217. RIGHT TO NOTICE CONCERNING DISCHARGE 

21 FROM PSYCHIATRIC FACILITY. 

22 Paragraph (6) of section 503(c) of the Victims’ 

23 Rights and Restitution Act of 1990, as redesignated by 

24 section 3213 of this Act, is amended by striking subpara25 graph (B) and inserting: 
208

•S 22 IS 

1 ‘‘(B) the escape, work release, furlough, 

2 discharge or conditional discharge, or any other 

3 form of release from custody of the offender, in4 cluding an offender who was found not guilty 

5 by reason of insanity;’’. 

6 SEC. 3218. RIGHT TO NOTICE CONCERNING EXECUTIVE 

7 CLEMENCY. 

8 (a) NOTICE.—Paragraph (6) of section 503(c) of the 

9 Victims’ Rights and Restitution Act of 1990, as redesig10 nated by section 3213 of this Act, is amended—

11 (1) by redesignating subparagraph (C) as sub12 paragraph (D); and 

13 (2) by inserting after subparagraph (B) the fol14 lowing: 

15 ‘‘(C) the grant of executive clemency, in16 cluding any pardon, reprieve, commutation of 

17 sentence, or remission of fine, to the offender; 

18 and’’. 

19 (b) REPORTING REQUIREMENT.—The Attorney Gen20 eral shall submit biannually to the Committees on the Ju21 diciary of the House of Representatives and the Senate 

22 a report on executive clemency matters or cases delegated 

23 for review or investigation to the Attorney General by the 

24 President, including for each year—

25 (1) the number of petitions so delegated; 
209

•S 22 IS 

1 (2) the number of reports submitted to the 

2 President; 

3 (3) the number of petitions for executive clem4 ency granted and the number denied; 

5 (4) the name of each person whose petition for 

6 executive clemency was granted or denied and the 

7 offenses of conviction of that person for which execu8 tive clemency was granted or denied; and 

9 (5) with respect to any person granted execu10 tive clemency, the date that any victim of an offense 

11 that was the subject of that grant of executive clem12 ency was notified, pursuant to Department of Jus13 tice regulations, of a petition for executive clemency, 

14 and whether such victim submitted a statement con15 cerning the petition. 

16 SEC. 3219. PROCEDURES TO PROMOTE COMPLIANCE. 

17 (a) REGULATIONS.—Not later than 1 year after the 

18 date of enactment of this Act, the Attorney General of 

19 the United States shall promulgate regulations to enforce 

20 the rights of victims of crime described in section 502 of 

21 the Victims’ Rights and Restitution Act of 1990 (42 

22 U.S.C. 10606) and to ensure compliance by responsible 

23 officials with the obligations described in section 503 of 

24 that Act (42 U.S.C. 10607).
210

•S 22 IS 

1 (b) CONTENTS.—The regulations promulgated under 

2 subsection (a) shall—

3 (1) establish an administrative authority within 

4 the Department of Justice to receive and investigate 

5 complaints relating to the provision or violation of 

6 the rights of a crime victim; 

7 (2) require a course of training for employees 

8 and offices of the Department of Justice that fail to 

9 comply with provisions of Federal law pertaining to 

10 the treatment of victims of crime, and otherwise as11 sist such employees and offices in responding more 

12 effectively to the needs of victims; 

13 (3) contain disciplinary sanctions, including 

14 suspension or termination from employment, for em15 ployees of the Department of Justice who willfully or 

16 wantonly fail to comply with provisions of Federal 

17 law pertaining to the treatment of victims of crime; 

18 and 

19 (4) provide that the Attorney General, or the 

20 designee of the Attorney General, shall be the final 

21 arbiter of the complaint, and that there shall be no 

22 judicial review of the final decision of the Attorney 

23 General by a complainant. 
211

•S 22 IS 

1 PART 2—VICTIM ASSISTANCE INITIATIVES 

2 SEC. 3221. PILOT PROGRAMS TO ENFORCE COMPLIANCE 

3 WITH STATE CRIME VICTIM’S RIGHTS LAWS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COMPLIANCE AUTHORITY.—The term ‘‘com6 pliance authority’’ means one of the compliance au7 thorities established and operated under a program 

8 under subsection (b) to enforce the rights of victims 

9 of crime. 

10 (2) DIRECTOR.—The term ‘‘Director’’ means 

11 the Director of the Office for Victims of Crime. 

12 (3) OFFICE.—The term ‘‘Office’’ means the Of13 fice for Victims of Crime. 

14 (b) PILOT PROGRAMS.—

15 (1) IN GENERAL.—Not later than 12 months 

16 after the date of enactment of this Act, the Attorney 

17 General, acting through the Director, shall establish 

18 and carry out a program to provide for pilot pro19 grams in 5 States to establish and operate compli20 ance authorities to enforce the rights of victims of 

21 crime. 

22 (2) AGREEMENTS.—

23 (A) IN GENERAL.—The Attorney General, 

24 acting through the Director, shall enter into an 

25 agreement with a State to conduct a pilot pro26 gram referred to in paragraph (1), which agree-
212

•S 22 IS 

1 ment shall provide for a grant to assist the 

2 State in carrying out the pilot program. 

3 (B) CONTENTS OF AGREEMENT.—The 

4 agreement referred to in subparagraph (A) 

5 shall specify that—

6 (i) the compliance authority shall be 

7 established and operated in accordance 

8 with this section; and 

9 (ii) except with respect to meeting ap10 plicable requirements of this section con11 cerning carrying out the duties of a com12 pliance authority under this section (in13 cluding the applicable reporting duties 

14 under subsection (f) and the terms of the 

15 agreement), a compliance authority shall 

16 operate independently of the Office. 

17 (C) NO AUTHORITY OVER DAILY OPER18 ATIONS.—The Office shall have no supervisory 

19 or decisionmaking authority over the day-to-day 

20 operations of a compliance authority. 

21 (c) OBJECTIVES.—

22 (1) MISSION.—The mission of a compliance au23 thority established and operated under a pilot pro24 gram under this section shall be to promote compli-
213

•S 22 IS 

1 ance and effective enforcement of State laws regard2 ing the rights of victims of crime. 

3 (2) DUTIES.—A compliance authority estab4 lished and operated under a pilot program under 

5 this section shall—

6 (A) receive and investigate complaints re7 lating to the provision or violation of the rights 

8 of a crime victim; and 

9 (B) issue findings following such investiga10 tions. 

11 (3) OTHER DUTIES.—A compliance authority 

12 established and operated under a pilot program 

13 under this section may—

14 (A) pursue legal actions to define or en15 force the rights of victims; 

16 (B) review procedures established by public 

17 agencies and private organizations that provide 

18 services to victims, and evaluate the delivery of 

19 services to victims by such agencies and organi20 zations; 

21 (C) coordinate and cooperate with other 

22 public agencies and private organizations con23 cerned with the implementation, monitoring, 

24 and enforcement of the rights of victims and 

25 enter into cooperative agreements with such 
214

•S 22 IS 

1 agencies and organizations for the furtherance 

2 of the rights of victims; 

3 (D) ensure a centralized location for victim 

4 services information; 

5 (E) recommend changes in State policies 

6 concerning victims, including changes in the 

7 system for providing victim services; 

8 (F) provide public education, legislative ad9 vocacy, and development of proposals for sys10 temic reform; and 

11 (G) advertise to advise the public of its 

12 services, purposes, and procedures. 

13 (d) ELIGIBILITY.—To be eligible to receive a grant 

14 under this section, a State shall submit an application to 

15 the Director which includes assurances that—

16 (1) the State has provided legal rights to vic17 tims of crime at the adult and juvenile levels; 

18 (2) a compliance authority that receives funds 

19 under this section will include a role for—

20 (A) representatives of criminal justice 

21 agencies, crime victim service organizations, 

22 and the educational community;

23 (B) a medical professional whose work in24 cludes work in a hospital emergency room; and
215

•S 22 IS 

1 (C) a therapist whose work includes treat2 ment of crime victims; and 

3 (3) Federal funds received under this section 

4 will be used to supplement, and not to supplant, 

5 non-Federal funds that would otherwise be available 

6 to enforce the rights of victims of crime. 

7 (e) PREFERENCE.—In awarding grants under this 

8 section, the Attorney General shall give preference to a 

9 State that provides legal standing to prosecutors and vic10 tims of crime to assert the rights of victims of crime. 

11 (f) OVERSIGHT.—

12 (1) TECHNICAL ASSISTANCE.—The Director 

13 may provide technical assistance and training to a 

14 State that receives a grant under this section to 

15 achieve the purposes of this section. 

16 (2) ANNUAL REPORT.—Each State that re17 ceives a grant under this section shall submit to the 

18 Director, for each year in which funds from a grant 

19 received under this section are expended, a report 

20 that contains—

21 (A) a summary of the activities carried out 

22 under the grant and an assessment of the effec23 tiveness of such activities in promoting compli24 ance and effective implementation of the laws of 
216

•S 22 IS 

1 that State regarding the rights of victims of 

2 crime; 

3 (B) a strategic plan for the year following 

4 the year covered under subparagraph (A); and 

5 (C) such other information as the Director 

6 may require. 

7 (g) REVIEW OF PROGRAM EFFECTIVENESS.—

8 (1) IN GENERAL.—The Director of the National 

9 Institute for Justice shall conduct an evaluation of 

10 the pilot programs carried out under this section to 

11 determine the effectiveness of the compliance au12 thorities that are the subject of the pilot programs 

13 in carrying out the mission and duties described in 

14 subsection (c). 

15 (2) REPORT.—Not later than 5 years after the 

16 date of enactment of this Act, the Director of the 

17 National Institute of Justice shall submit to the 

18 Committee on the Judiciary of the House of Rep19 resentatives and the Committee on the Judiciary of 

20 the Senate a written report on the results of the 

21 evaluation required by paragraph (1). 

22 (h) GRANT PERIOD.—A grant under this section 

23 shall be made for a period not longer than 4 years, but 

24 may be renewed for a period not to exceed 2 years on such 

25 terms as the Director may require. 
217

•S 22 IS 

1 (i) AUTHORIZATION OF APPROPRIATIONS.—

2 (1) IN GENERAL.—There are authorized to be 

3 appropriated to carry out this section, to remain 

4 available until expended, $8,000,000 for fiscal years 

5 2003 and 2004, and such sums as may be necessary 

6 for fiscal years 2005 and 2006. 

7 (2) EVALUATIONS.—Up to 5 percent of the 

8 amount authorized to be appropriated under para9 graph (1) in any fiscal year may be used for admin10 istrative expenses incurred in conducting the evalua11 tions and preparing the report required by sub12 section (g). 

13 SEC. 3222. INCREASED RESOURCES TO DEVELOP STATE-OF14 THE-ART SYSTEMS FOR NOTIFYING CRIME 

15 VICTIMS OF IMPORTANT DATES AND DEVEL16 OPMENTS. 

17 The Victims of Crime Act of 1984 is amended by in18 serting after section 1404C the following: 

19 ‘‘SEC. 1404D. VICTIM NOTIFICATION GRANTS. 

20 ‘‘(a) IN GENERAL.—The Director may make grants 

21 as provided in section 1404(c)(1)(A) to State, tribal, and 

22 local prosecutors’ offices, law enforcement agencies, 

23 courts, jails, and correctional institutions, and to qualified 

24 private entities, to develop and implement state-of-the-art 

25 systems for notifying victims of crime of important dates 
218

•S 22 IS 

1 and developments relating to the criminal proceedings at 

2 issue on a timely and efficient basis. 

3 ‘‘(b) INTEGRATION OF SYSTEMS.—Systems developed 

4 and implemented under this section may be integrated 

5 with existing case management systems operated by the 

6 recipient of the grant. 

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

8 are authorized to be appropriated to carry out this section, 

9 in addition to funds made available by section 

10 1402(d)(4)(C)—

11 ‘‘(1) $10,000,000 for fiscal years 2003 and 

12 2004; 

13 ‘‘(2) $5,000,000 for fiscal year 2005; and 

14 ‘‘(3) $5,000,000 for fiscal year 2006. 

15 ‘‘(d) FALSE CLAIMS ACT.—Notwithstanding any 

16 other provision of law, amounts collected pursuant to sec17 tions 3729 through 3731 of title 31, United States Code 

18 (commonly known as the ‘False Claims Act’), may be used 

19 for grants under this section.’’. 

20 SEC. 3223. RESTORATIVE JUSTICE GRANTS. 

21 (a) PURPOSES.—The purposes of this section are 

22 to—

23 (1) hold juvenile offenders accountable for their 

24 offenses; 
219

•S 22 IS 

1 (2) involve victims and the community in the 

2 juvenile justice process; 

3 (3) obligate the offender to pay restitution to 

4 the victim and to the community through community 

5 service or through financial or other forms of res6 titution; and 

7 (4) equip juvenile offenders with the skills need8 ed to live responsibly and productively. 

9 (b) AUTHORITY TO MAKE GRANTS.—The Office of 

10 Justice Programs of the Department of Justice shall make 

11 grants, in accordance with such regulations as the Attor12 ney General may prescribe, to units of local governments, 

13 tribal governments, and qualified private entities to estab14 lish restorative justice programs, such as victim and of15 fender mediation, family and community conferences, fam16 ily and group conferences, sentencing circles, restorative 

17 panels, and reparative boards, as an alternative to, or in 

18 addition to, incarceration. 

19 (c) PROGRAM CRITERIA.—A program funded by a 

20 grant made under this section shall—

21 (1) be fully voluntary by both the victim and 

22 the offender (who must admit responsibility), once 

23 the prosecuting agency has determined that the case 

24 is appropriate for this program;
220

•S 22 IS 

1 (2) include as a critical component account2 ability conferences, at which the victim will have the 

3 opportunity to address the offender directly, to de4 scribe the impact of the offense against the victim, 

5 and the opportunity to suggest possible forms of res6 titution; 

7 (3) require that conferences be attended by the 

8 victim, the offender and, when possible, the parents 

9 or guardians of the offender, and the arresting offi10 cer; and 

11 (4) provide an early, individualized assessment 

12 and action plan to each juvenile offender in order to 

13 prevent further criminal behavior through the devel14 opment of appropriate skills in the juvenile offender 

15 so that the juvenile is more capable of living produc16 tively and responsibly in the community. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this sec19 tion—

20 (1) $10,000,000 for fiscal years 2003 and 2004 

21 for grants to establish programs; and 

22 (2) $5,000,000 for each of fiscal years 2005 

23 and 2006 to continue programs established in fiscal 

24 years 2003 and 2004. 
221

•S 22 IS 

1 PART 3—AMENDMENTS TO VICTIMS OF CRIME 

2 ACT 

3 SEC. 3231. FORMULA FOR DISTRIBUTIONS FROM THE 

4 CRIME VICTIMS FUND. 

5 (a) FORMULA FOR FUND DISTRIBUTIONS.—Section 

6 4102(c) of the Victims of Crime Act of 1984 (42 U.S.C. 

7 10601(c)) is amended to read as follows: 

8 ‘‘(c) FUND DISTRIBUTION; RETENTION OF SUMS IN

9 FUND; AVAILABILITY FOR EXPENDITURE WITHOUT FIS10 CAL YEAR LIMITATION.—

11 ‘‘(1)(A) Except as provided in subparagraphs 

12 (B) an (C), the total amount to be distributed from 

13 the Fund in any fiscal year shall be not less than 

14 105 percent nor more than 115 percent of the total 

15 amount distributed from the Fund in the previous 

16 fiscal year, provided that the amount shall at a min17 imum be sufficient fully provide grants in accord18 ance with sections 10602(a)(1), 10603(a)(1), and 

19 10603(c)(2) of this title. 

20 ‘‘(B) In any fiscal year that there is an insuffi21 cient amount in the Fund to fully provide grants in 

22 accordance with sections 10602(a)(1), 10603(a)(1), 

23 and 10603(c)(2) of this title, the amounts made 

24 available for grants under sections 10602(a), 

25 10603(a), and 10603(c) shall be reduced by an 

26 equal percentage. 
222

•S 22 IS 

1 ‘‘(C) In any fiscal year that the total amount 

2 available in the Fund is more than 2 times the total 

3 amount distributed in the previous fiscal year, up to 

4 125 percent of the amount distributed in the pre5 vious fiscal year may be distributed. 

6 ‘‘(2) In each fiscal year, the Director shall dis7 tribute amounts from the Fund in accordance with 

8 subsection (d). Notwithstanding any other provision 

9 of law, all sums deposited in the Fund that are not 

10 distributed shall remain in reserve in the Fund for 

11 obligation in future fiscal years, without fiscal year 

12 limitation.’’. 

13 (b) ESTABLISHMENT OF BASE AMOUNT FOR TOTAL

14 VICTIM ASSISTANCE GRANTS.—Section 1404(a)(1) of the 

15 Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(1)) 

16 is amended by adding at the end the following: 

17 ‘‘Except as provided in subsection 10601(c)(1)(B), 

18 the total amount distributed to States under this sub19 section in any fiscal year shall not be less than the average 

20 amount distributed for this purpose during the previous 

21 three fiscal years.’’. 

22 (c) ESTABLISHMENT OF BASE AMOUNT FOR OVC 

23 DISCRETIONARY GRANTS.—Section 1404(c)(2) of the Vic24 tims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is 

25 amended by inserting after ‘‘(2)’’ the following: 
223

•S 22 IS 

1 ‘‘Except as provided in subsection 10601(c)(1)(B), 

2 the amount available for grants under this subsection in 

3 any fiscal year shall not be less than the average amount 

4 available for this purpose during the previous three fiscal 

5 years.’’. 

6 SEC. 3232. CLARIFICATION REGARDING ANTITERRORISM 

7 EMERGENCY RESERVE. 

8 Section 1402(d)(5)(C) of the Victims of Crime Act 

9 of 1984 (42 U.S.C. 10601(d)(5)(C)) is amended by insert10 ing ‘‘, and any amounts used to replenish such reserve,’’ 

11 after ‘‘any such amounts carried over’’. 

12 SEC. 3233. PROHIBITION ON DIVERTING CRIME VICTIMS 

13 FUND TO OFFSET INCREASED SPENDING. 

14 (a) PURPOSE.—The purpose of this section is to en15 sure that amounts deposited in the Crime Victims Fund 

16 (as established by section 1402(a) of the Victims of Crime 

17 Act of 1984 (42 U.S.C. 10601(a)) are distributed in a 

18 timely manner to assist victims of crime as intended by 

19 current law and are not diverted to offset increased spend20 ing. 

21 (b) TREATMENT OF CRIME VICTIMS FUND.—Section 

22 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 

23 10601) is amended by adding at the end the following: 

24 ‘‘(h) For purposes of congressional points of order, 

25 the Congressional Budget Act of 1974, and the Balanced 
224

•S 22 IS 

1 Budget and Emergency Deficit Control Act of 1985, any 

2 limitation on spending from the Fund included in the 

3 President’s budget or enacted in appropriations legislation 

4 for fiscal year 2003 or any subsequent fiscal year shall 

5 not be scored as discretionary savings.’’. 

6 Subtitle C—Violence Against 

7 Women Act Enhancements 

8 SEC. 3301. TRANSITIONAL HOUSING ASSISTANCE GRANTS. 

9 (a) IN GENERAL.—The Attorney General, in con10 sultation with the Secretary of Housing and Urban Devel11 opment and the Secretary of Health and Human Services, 

12 shall award grants under this section to organizations, 

13 States, units of local government, and Indian tribes (re14 ferred to in this section as the ‘‘recipient’’) to carry out 

15 programs to provide assistance to individuals, and the de16 pendents of individuals—

17 (1) who are homeless or in need of transitional 

18 housing or other housing assistance as a result of 

19 fleeing a situation of domestic violence; and 

20 (2) for whom emergency shelter services or 

21 other crisis intervention services are unavailable or 

22 insufficient. 

23 (b) GRANTS.—Grants awarded under this section 

24 may be used for programs that provide—
225

•S 22 IS 

1 (1) short-term housing assistance, including 

2 rental or utilities payments assistance and assistance 

3 with related expenses such as payment of security 

4 deposits and other costs incidental to relocation to 

5 transitional housing for persons described in sub6 section (a); and 

7 (2) support services designed to enable an indi8 vidual, or dependent of an individual, who is fleeing 

9 a situation of domestic violence to—

10 (A) locate and secure permanent housing; 

11 and 

12 (B) integrate into a community by pro13 viding that individual or dependent with serv14 ices, such as transportation, counseling, child 

15 care services, case management, employment 

16 counseling, and other assistance. 

17 (c) DURATION.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), an individual, or dependent of an indi20 vidual, who receives assistance under this section 

21 shall receive that assistance for not more than 18 

22 months. 

23 (2) WAIVER.—The recipient of a grant under 

24 this section may waive the restriction under para25 graph (1) for not more than an additional 6 month 
226

•S 22 IS 

1 period with respect to any individual, or dependent 

2 of an individual, who—

3 (A) has made a good-faith effort to acquire 

4 permanent housing; and 

5 (B) has been unable to acquire permanent 

6 housing. 

7 (d) APPLICATION.—

8 (1) IN GENERAL.—Each eligible entity desiring 

9 a grant under this section shall submit an applica10 tion to the Attorney General at such time, in such 

11 manner, and accompanied by such information as 

12 the Attorney General may reasonably require. 

13 (2) CONTENTS.—Each application submitted 

14 pursuant to paragraph (1) shall—

15 (A) describe the activities for which assist16 ance under this section is sought; and 

17 (B) provide such additional assurances as 

18 the Attorney General determines to be essential 

19 to ensure compliance with the requirements of 

20 this section. 

21 (3) APPLICATION.—Nothing in this subsection 

22 shall be construed to require—

23 (A) victims to participate in the criminal 

24 justice system in order to receive services; or 
227

•S 22 IS 

1 (B) domestic violence advocates to breach 

2 client confidentiality. 

3 (e) REPORT TO THE ATTORNEY GENERAL.—

4 (1) IN GENERAL.—A recipient of a grant under 

5 this section shall annually prepare and submit to the 

6 Attorney General a report describing—

7 (A) the number of individuals and depend8 ents assisted under this section; and 

9 (B) the types of housing assistance and 

10 support services provided under this section. 

11 (2) CONTENTS.—Each report prepared and 

12 submitted under paragraph (1) shall include infor13 mation regarding—

14 (A) the amount of housing assistance pro15 vided to each individual, or dependent of an in16 dividual, assisted under this section and the 

17 reason for that assistance; 

18 (B) the number of months each individual, 

19 or dependent of an individual, received assist20 ance under this section; 

21 (C) the number of individuals and depend22 ents of those individuals who—

23 (i) were eligible to receive assistance 

24 under this section; and 
228

•S 22 IS 

1 (ii) were not provided with assistance 

2 under this section solely due to a lack of 

3 available housing; and 

4 (D) the type of support services provided 

5 to each individual, or dependent of an indi6 vidual, assisted under this section. 

7 (f) REPORT TO CONGRESS.—

8 (1) REPORTING REQUIREMENT.—The Attorney 

9 General shall annually prepare and submit to the 

10 Committee on the Judiciary of the House of Rep11 resentatives and the Committee on the Judiciary of 

12 the Senate a report that contains a compilation of 

13 the information contained in the report submitted 

14 under subsection (e). 

15 (2) AVAILABILITY OF REPORT.—In order to co16 ordinate efforts to assist the victims of domestic vio17 lence, the Attorney General shall transmit a copy of 

18 the report submitted under paragraph (1) to—

19 (1) the Office of Community Planning and De20 velopment at the United States Department of 

21 Housing and Urban Development; and 

22 (2) the Office of Women’s Health at the United 

23 States Department of Health and Human Services. 

24 (g) AUTHORIZATION OF APPROPRIATIONS.—
229

•S 22 IS 

1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to carry out this section $30,000,000 

3 for each of fiscal years 2003 through 2007. 

4 (2) LIMITATIONS.—Of the amount made avail5 able to carry out this section in any fiscal year, not 

6 more than 3 percent may be used by the Attorney 

7 General for salaries and administrative expenses. 

8 (3) MINIMUM AMOUNT.—

9 (A) IN GENERAL.—Except as provided in 

10 subparagraph (B), unless all eligible applica11 tions submitted by any States, units of local 

12 government, Indian tribes, or organizations 

13 within a State for a grant under this section 

14 have been funded, that State, together with the 

15 grantees within the State (other than Indian 

16 tribes), shall be allocated in each fiscal year, 

17 not less than 0.75 percent of the total amount 

18 appropriated in the fiscal year for grants pursu19 ant to this section. 

20 (B) EXCEPTION.—The United States Vir21 gin Islands, American Samoa, Guam, and the 

22 Northern Mariana Islands shall each be allo23 cated 0.25 percent of the total amount appro24 priated in the fiscal year for grants pursuant to 

25 this section.
230

•S 22 IS 

1 SEC. 3302. SHELTER SERVICES FOR BATTERED WOMEN 

2 AND CHILDREN. 

3 (a) STATE SHELTER GRANTS.—Section 303(a)(2)(C) 

4 of the Family Violence Prevention and Services Act (42 

5 U.S.C. 10402(a)(2)(C)) is amended by striking ‘‘popu6 lations underserved because of ethnic, racial, cultural, lan7 guage diversity or geographic isolation’’ and inserting 

8 ‘‘populations underserved because of race, ethnicity, age, 

9 disability, religion, alienage status, geographic location 

10 (including rural isolation), or language barriers, and any 

11 other populations determined by the Secretary to be un12 derserved’’. 

13 (b) SECRETARIAL RESPONSIBILITIES.—Section 

14 305(a) of the Family Violence Prevention and Services Act 

15 (42 U.S.C. 10404(a)) is amended—

16 (1) by striking ‘‘an employee’’ and inserting ‘‘1 

17 or more employees’’; 

18 (2) by striking ‘‘of this title.’’ and inserting ‘‘of 

19 this title, including carrying out evaluation and mon20 itoring under this title.’’; and 

21 (3) by striking ‘‘The individual’’ and inserting 

22 ‘‘Any individual’’. 

23 (c) RESOURCE CENTERS.—Section 308 of the Family 

24 Violence Prevention and Services Act (42 U.S.C. 10407) 

25 is amended—
231

•S 22 IS 

1 (1) in subsection (a)(2), by inserting ‘‘on pro2 viding information, training, and technical assist3 ance’’ after ‘‘focusing’’; and 

4 (2) in subsection (c), by adding at the end the 

5 following: 

6 ‘‘(8) Providing technical assistance and training 

7 to local entities carrying out domestic violence pro8 grams that provide shelter, related assistance, or 

9 transitional housing assistance. 

10 ‘‘(9) Improving access to services, information, 

11 and training, concerning family violence, within In12 dian tribes and Indian tribal agencies. 

13 ‘‘(10) Providing technical assistance and train14 ing to appropriate entities to improve access to serv15 ices, information, and training concerning family vio16 lence occurring in underserved populations.’’. 

17 (d) CONFORMING AMENDMENT.—Section 309(6) of 

18 the Family Violence Prevention and Services Act (42 

19 U.S.C. 10408(6)) is amended by striking ‘‘the Virgin Is20 lands, the Northern Mariana Islands, and the Trust Terri21 tory of the Pacific Islands’’ and inserting ‘‘the United 

22 States Virgin Islands, the Commonwealth of the Northern 

23 Mariana Islands, and the combined Freely Associated 

24 States’’. 
232

•S 22 IS 

1 (e) REAUTHORIZATION.—Section 310 of the Family 

2 Violence Prevention and Services Act (42 U.S.C. 10409) 

3 is amended—

4 (1) by striking subsection (a) and inserting the 

5 following: 

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

8 There are authorized to be appropriated to carry out 

9 this title $175,000,000 for each of fiscal years 2003 

10 through 2006. 

11 ‘‘(2) SOURCE OF FUNDS.—Amounts made avail12 able under paragraph (1) may be appropriated from 

13 the Violent Crime Reduction Trust Fund established 

14 under section 310001 of the Violent Crime Control 

15 and Law Enforcement Act of 1994 (42 U.S.C. 

16 14211).’’; 

17 (2) in subsection (b), by striking ‘‘under sub18 section 303(a)’’ and inserting ‘‘under section 

19 303(a)’’; 

20 (3) in subsection (c), by inserting ‘‘not more 

21 than the lesser of $7,500,000 or’’ before ‘‘5’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(f) EVALUATION, MONITORING, AND ADMINISTRA24 TION.—Of the amounts appropriated under subsection (a) 

25 for each fiscal year, not more than 1 percent shall be used 
233

•S 22 IS 

1 by the Secretary for evaluation, monitoring, and adminis2 trative costs under this title.’’. 

3 (f) STATE DOMESTIC VIOLENCE COALITION GRANT

4 ACTIVITIES.—Section 311 of the Family Violence Preven5 tion and Services Act (42 U.S.C. 10410) is amended—

6 (1) in subsection (a)(4), by striking ‘‘under7 served racial, ethnic or language-minority popu8 lations’’ and inserting ‘‘underserved populations de9 scribed in section 303(a)(2)(C)’’; and 

10 (2) in subsection (c), by striking ‘‘the U.S. Vir11 gin Islands, the Northern Mariana Islands, and the 

12 Trust Territory of the Pacific Islands’’ and inserting 

13 ‘‘the United States Virgin Islands, the Common14 wealth of the Northern Mariana Islands, and the 

15 Freely Associated States’’.
234

•S 22 IS 

1 TITLE IV—SUPPORTING LAW EN2 FORCEMENT AND THE EFFEC3 TIVE ADMINISTRATION OF 

4 JUSTICE 

5 Subtitle A—Support for Public 

6 Safety Officers and Prosecutors 

7 PART 1—PROVIDING RELIABLE OFFICERS, TECH8 NOLOGY, EDUCATION, COMMUNITY PROS9 ECUTORS, AND TRAINING IN OUR NEIGH10 BORHOODS 

11 SEC. 4101. SHORT TITLE. 

12 This part may be cited as the ‘‘Providing Reliable Of13 ficers, Technology, Education, Community Prosecutors, 

14 and Training in Our Neighborhoods Act of 2003’’ or 

15 ‘‘PROTECTION Act’’. 

16 SEC. 4102. AUTHORIZATIONS. 

17 (a) COPS PROGRAM.—Section 1701(a) of title I of 

18 the Omnibus Crime Control and Safe Streets Act of 1968 

19 (42 U.S.C. 3796dd(a)) is amended by—

20 (1) inserting ‘‘and prosecutor’’ after ‘‘increase 

21 police’’; and 

22 (2) inserting ‘‘to enhance law enforcement ac23 cess to new technologies, and’’ after ‘‘presence,’’. 

24 (b) HIRING AND REDEPLOYMENT GRANT

25 PROJECTS.—Section 1701(b) of title I of the Omnibus
235

•S 22 IS 

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

2 3796dd(b)) is amended—

3 (1) in paragraph (1)—

4 (A) in subparagraph (B)—

5 (i) by inserting after ‘‘Nation’’ the fol6 lowing: ‘‘, or pay overtime to existing ca7 reer law enforcement officers to the extent 

8 that such overtime is devoted to commu9 nity policing efforts’’; and 

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

11 (B) in subparagraph (C), by—

12 (i) striking ‘‘or pay overtime’’; and 

13 (ii) striking the period at the end and 

14 inserting ‘‘; and’’; and 

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

16 ‘‘(D) promote higher education among in17 service State and local law enforcement officers 

18 by reimbursing them for the costs associated 

19 with seeking a college or graduate school edu20 cation.’’; and 

21 (2) in paragraph (2) by striking all that follows 

22 SUPPORT SYSTEMS.—’’ and inserting ‘‘Grants pur23 suant to—

24 ‘‘(A) paragraph (1)(B) for overtime may 

25 not exceed 25 percent of the funds available for 
236

•S 22 IS 

1 grants pursuant to this subsection for any fiscal 

2 year; 

3 ‘‘(B) paragraph (1)(C) may not exceed 20 

4 percent of the funds available for grants pursu5 ant to this subsection in any fiscal year; and 

6 ‘‘(C) paragraph (1)(D) may not exceed 5 

7 percent of the funds available for grants pursu8 ant to this subsection for any fiscal year.’’. 

9 (c) ADDITIONAL GRANT PROJECTS.—Section 

10 1701(d) of title I of the Omnibus Crime Control and Safe 

11 Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended—

12 (1) in paragraph (2)—

13 (A) by inserting ‘‘integrity and ethics’’ 

14 after ‘‘specialized’’; and 

15 (B) by inserting ‘‘and’’ after ‘‘enforcement 

16 officers’’; 

17 (2) in paragraph (7) by inserting ‘‘school offi18 cials, religiously-affiliated organizations,’’ after ‘‘en19 forcement officers’’; 

20 (3) by striking paragraph (8) and inserting the 

21 following: 

22 ‘‘(8) establish school-based partnerships be23 tween local law enforcement agencies and local 

24 school systems, by using school resource officers who 

25 operate in and around elementary and secondary 
237

•S 22 IS 

1 schools to serve as a law enforcement liaison with 

2 other Federal, State, and local law enforcement and 

3 regulatory agencies, combat school-related crime and 

4 disorder problems, gang membership and criminal 

5 activity, firearms and explosives-related incidents, il6 legal use and possession of alcohol, and the illegal 

7 possession, use, and distribution of drugs;’’;

8 (4) in paragraph (10) by striking ‘‘and’’ at the 

9 end; 

10 (5) in paragraph (11) by striking the period 

11 that appears at the end and inserting ‘‘; and’’; and 

12 (6) by adding at the end the following:

13 ‘‘(12) develop and implement innovative pro14 grams (such as the TRIAD program) that bring to15 gether a community’s sheriff, chief of police, and el16 derly residents to address the public safety concerns 

17 of older citizens.’’. 

18 (d) TECHNICAL ASSISTANCE.—Section 1701(f) of 

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

20 of 1968 (42 U.S.C. 3796dd(f)) is amended—

21 (1) in paragraph (1)—

22 (A) by inserting ‘‘use up to 5 percent of 

23 the funds appropriated under subsection (a) to’’ 

24 after ‘‘The Attorney General may’’; 
238

•S 22 IS 

1 (B) by inserting at the end the following: 

2 ‘‘In addition, the Attorney General may use up 

3 to 5 percent of the funds appropriated under 

4 subsections (d), (e), and (f) for technical assist5 ance and training to States, units of local gov6 ernment, Indian tribal governments, and to 

7 other public and private entities for those re8 spective purposes.’’; 

9 (2) in paragraph (2) by inserting ‘‘under sub10 section (a)’’ after ‘‘the Attorney General’’; and 

11 (3) in paragraph (3)—

12 (A) by striking ‘‘the Attorney General 

13 may’’ and inserting ‘‘the Attorney General 

14 shall’’; 

15 (B) by inserting ‘‘regional community po16 licing institutes’’ after ‘‘operation of’’; and 

17 (C) by inserting ‘‘representatives of police 

18 labor and management organizations, commu19 nity residents,’’ after ‘‘supervisors,’’. 

20 (e) TECHNOLOGY AND PROSECUTION PROGRAMS.—

21 Section 1701 of title I of the Omnibus Crime Control and 

22 Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended 

23 by—

24 (1) striking subsection (k); 
239

•S 22 IS 

1 (2) redesignating subsections (f) through (j) as 

2 subsections (g) through (k), respectively; and 

3 (3) striking subsection (e) and inserting the fol4 lowing: 

5 ‘‘(e) LAW ENFORCEMENT TECHNOLOGY PROGRAM.—

6 Grants made under subsection (a) may be used to assist 

7 police departments, in employing professional, scientific, 

8 and technological advancements that will help them—

9 ‘‘(1) improve police communications through 

10 the use of wireless communications, computers, soft11 ware, videocams, databases and other hardware and 

12 software that allow law enforcement agencies to 

13 communicate more effectively across jurisdictional 

14 boundaries and effectuate interoperability; 

15 ‘‘(2) develop and improve access to crime solv16 ing technologies, including DNA analysis, photo en17 hancement, voice recognition, and other forensic ca18 pabilities; and 

19 ‘‘(3) promote comprehensive crime analysis by 

20 utilizing new techniques and technologies, such as 

21 crime mapping, that allow law enforcement agencies 

22 to use real-time crime and arrest data and other re23 lated information—including non-criminal justice 

24 data—to improve their ability to analyze, predict, 

25 and respond pro-actively to local crime and disorder
240

•S 22 IS 

1 problems, as well as to engage in regional crime 

2 analysis. 

3 ‘‘(f) COMMUNITY-BASED PROSECUTION PROGRAM.—

4 Grants made under subsection (a) may be used to assist 

5 State, local or tribal prosecutors’ offices in the implemen6 tation of community-based prosecution programs that 

7 build on local community policing efforts. Funds made 

8 available under this subsection may be used to—

9 ‘‘(1) hire additional prosecutors who will be as10 signed to community prosecution programs, includ11 ing programs that assign prosecutors to handle cases 

12 from specific geographic areas, to address specific 

13 violent crime and other local crime problems (includ14 ing intensive illegal gang, gun and drug enforcement 

15 projects and quality of life initiatives), and to ad16 dress localized violent and other crime problems 

17 based on needs identified by local law enforcement 

18 agencies, community organizations, and others; 

19 ‘‘(2) redeploy existing prosecutors to community 

20 prosecution programs as described in paragraph (1) 

21 of this section by hiring victim and witness coordina22 tors, paralegals, community outreach, and other 

23 such personnel; and 

24 ‘‘(3) establish programs to assist local prosecu25 tors’ offices in the implementation of programs that 
241

•S 22 IS 

1 help them identify and respond to priority crime 

2 problems in a community with specifically tailored 

3 solutions. 

4 At least 75 percent of the funds made available under this 

5 subsection shall be reserved for grants under paragraphs 

6 (1) and (2) and of those amounts no more than 10 percent 

7 may be used for grants under paragraph (2) and at least 

8 25 percent of the funds shall be reserved for grants under 

9 paragraphs (1) and (2) to units of local government with 

10 a population of less than 50,000.’’. 

11 (f) RETENTION GRANTS.—Section 1703 of title I of 

12 the Omnibus Crime Control and Safe Streets Act of 1968 

13 (42 U.S.C. 3796dd–2) is amended by inserting at the end 

14 the following: 

15 ‘‘(d) RETENTION GRANTS.—The Attorney General 

16 may use no more than 50 percent of the funds under sub17 section (a) to award grants targeted specifically for reten18 tion of police officers to grantees in good standing, with 

19 preference to those that demonstrate financial hardship or 

20 severe budget constraint that impacts the entire local 

21 budget and may result in the termination of employment 

22 for police officers funded under subsection (b)(1).’’. 

23 (g) DEFINITIONS.—

24 (1) CAREER LAW ENFORCEMENT OFFICER.—

25 Section 1709(1) of title I of the Omnibus Crime 
242

•S 22 IS 

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

2 3796dd–8) is amended by inserting after ‘‘criminal 

3 laws’’ the following: ‘‘including sheriffs deputies 

4 charged with supervising offenders who are released 

5 into the community but also engaged in local com6 munity policing efforts.’’. 

7 (2) SCHOOL RESOURCE OFFICER.—Section 

8 1709(4) of title I of the Omnibus Crime Control and 

9 Safe Streets Act of 1968 (42 U.S.C. 3796dd–8) is 

10 amended—

11 (A) by striking subparagraph (A) and in12 serting the following:

13 ‘‘(A) to serve as a law enforcement liaison 

14 with other Federal, State, and local law en15 forcement and regulatory agencies, to address 

16 and document crime and disorder problems in17 cluding gangs and drug activities, firearms and 

18 explosives-related incidents, and the illegal use 

19 and possession of alcohol affecting or occurring 

20 in or around an elementary or secondary 

21 school;’’; 

22 (B) by striking subparagraph (E) and in23 serting the following: 

24 ‘‘(E) to train students in conflict resolu25 tion, restorative justice, and crime awareness, 
243

•S 22 IS 

1 and to provide assistance to and coordinate 

2 with other officers, mental health professionals, 

3 and youth counselors who are responsible for 

4 the implementation of prevention/intervention 

5 programs within the schools;’’; and 

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

7 ‘‘(H) to work with school administrators, 

8 members of the local parent teacher associa9 tions, community organizers, law enforcement, 

10 fire departments, and emergency medical per11 sonnel in the creation, review, and implementa12 tion of a school violence prevention plan; 

13 ‘‘(I) to assist in documenting the full de14 scription of all firearms found or taken into 

15 custody on school property and to initiate a 

16 firearms trace and ballistics examination for 

17 each firearm with the local office of the Bureau 

18 of Alcohol, Tobacco, and Firearms; 

19 ‘‘(J) to document the full description of all 

20 explosives or explosive devices found or taken 

21 into custody on school property and report to 

22 the local office of the Bureau of Alcohol, To23 bacco, and Firearms; and 

24 ‘‘(K) to assist school administrators with 

25 the preparation of the Department of Edu-
244

•S 22 IS 

1 cation, Annual Report on State Implementation 

2 of the Gun-Free Schools Act which tracks the 

3 number of students expelled per year for bring4 ing a weapon, firearm, or explosive to school.’’. 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 1001(a)(11) of title I of the Omnibus Crime Control and 

7 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is 

8 amended—

9 (1) by amending subparagraph (A) to read as 

10 follows: 

11 ‘‘(A) There are authorized to be appro12 priated to carry out part Q, to remain available 

13 until expended—

14 ‘‘(i) $1,150,000,000 for fiscal year 

15 2003; 

16 ‘‘(ii) $1,150,000,000 for fiscal year 

17 2004; 

18 ‘‘(iii) $1,150,000,000 for fiscal year 

19 2005; 

20 ‘‘(iv) $1,150,000,000 for fiscal year 

21 2006; 

22 ‘‘(v) $1,150,000,000 for fiscal year 

23 2007; and 

24 ‘‘(vi) $1,150,000,000 for fiscal year 

25 2008.’’; and 
245

•S 22 IS 

1 (2) in subparagraph (B)—

2 (A) by striking ‘‘3 percent’’ and inserting 

3 ‘‘5 percent’’; 

4 (B) by striking ‘‘1701(f)’’ and inserting 

5 ‘‘1701(g)’’; 

6 (C) by striking the second sentence and in7 serting ‘‘Of the remaining funds, if there is a 

8 demand for 50 percent of appropriated hiring 

9 funds, as determined by eligible hiring applica10 tions from law enforcement agencies having ju11 risdiction over areas with populations exceeding 

12 150,000, no less than 50 percent shall be allo13 cated for grants pursuant to applications sub14 mitted by units of local government or law en15 forcement agencies having jurisdiction over 

16 areas with populations exceeding 150,000 or by 

17 public and private entities that serve areas with 

18 populations exceeding 150,000, and no less 

19 than 50 percent shall be allocated for grants 

20 pursuant to applications submitted by units of 

21 local government or law enforcement agencies 

22 having jurisdiction over areas with populations 

23 less than 150,000 or by public and private enti24 ties that serve areas with populations less than 

25 150,000.’’;
246

•S 22 IS 

1 (D) by striking ‘‘85 percent’’ and inserting 

2 ‘‘$600,000,000’’; and 

3 (E) by striking ‘‘1701(b),’’ and all that fol4 lows through ‘‘of part Q’’ and inserting the fol5 lowing: ‘‘1701 (b) and (c), $350,000,000 to 

6 grants for the purposes specified in section 

7 1701(e), and $200,000,000 to grants for the 

8 purposes specified in section 1701(f).’’. 

9 PART 2—HOMETOWN HEROES SURVIVORS 

10 BENEFITS 

11 SEC. 4111. SHORT TITLE. 

12 This part may be cited as the ‘‘Hometown Heroes 

13 Survivors Benefits Act of 2003’’. 

14 SEC. 4112. FATAL HEART ATTACK OR STROKE ON DUTY 

15 PRESUMED TO BE DEATH IN LINE OF DUTY 

16 FOR PURPOSES OF PUBLIC SAFETY OFFICER 

17 SURVIVOR BENEFITS. 

18 (a) IN GENERAL.—Section 1201 of the Omnibus 

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

20 3796) is amended by adding at the end the following: 

21 ‘‘(k) For purposes of this section, if a public safety 

22 officer dies as the direct and proximate result of a heart 

23 attack or stroke suffered while on duty or within 24 hours 

24 after participating in a training exercise or responding to 

25 an emergency situation, that officer shall be presumed to 
247

•S 22 IS 

1 have died as the direct and proximate result of a personal 

2 injury sustained in the line of duty.’’. 

3 (b) APPLICABILITY.—Subsection (k) of section 1201 

4 of the Omnibus Crime Control and Safe Streets Act of 

5 1968 (as added by subsection (a)) shall apply to deaths 

6 occurring on or after January 1, 2002. 

7 PART 3—FEDERAL PROSECUTORS RETIREMENT 

8 BENEFIT EQUITY 

9 SEC. 4121. SHORT TITLE. 

10 This part may be cited as the ‘‘Federal Prosecutors 

11 Retirement Benefit Equity Act of 2003’’. 

12 SEC. 4122. INCLUSION OF FEDERAL PROSECUTORS IN THE 

13 DEFINITION OF A LAW ENFORCEMENT OFFI14 CER. 

15 (a) CIVIL SERVICE RETIREMENT SYSTEM.—

16 (1) IN GENERAL.—Section 8331(20) of title 5, 

17 United States Code, is amended by striking ‘‘posi18 tion.’’ and inserting ‘‘position and a Federal pros19 ecutor.’’. 

20 (2) FEDERAL PROSECUTOR DEFINED.—Section 

21 8331 of title 5, United States Code, is amended—

22 (A) in paragraph (27), by striking ‘‘and’’ 

23 at the end; 

24 (B) in paragraph (28), by striking the pe25 riod and inserting ‘‘; and’’; and 
248

•S 22 IS 

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

2 ‘‘(29) ‘Federal prosecutor’ means—

3 ‘‘(A) an assistant United States attorney 

4 under section 542 of title 28; or 

5 ‘‘(B) an attorney employed by the Depart6 ment of Justice and designated by the Attorney 

7 General of the United States.’’. 

8 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

9 (1) IN GENERAL.—Section 8401(17) of title 5, 

10 United States Code, is amended—

11 (A) in subparagraph (C), by striking 

12 ‘‘and’’ at the end; 

13 (B) in subparagraph (D), by adding ‘‘and’’ 

14 after the semicolon; and 

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

16 ‘‘(E) a Federal prosecutor;’’. 

17 (2) FEDERAL PROSECUTOR DEFINED.—Section 

18 8401 of title 5, United States Code, is amended—

19 (A) in paragraph (33), by striking ‘‘and’’ 

20 at the end; 

21 (B) in paragraph (34), by striking the pe22 riod and inserting ‘‘; and’’; and 

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

24 ‘‘(35) ‘Federal prosecutor’ means—
249

•S 22 IS 

1 ‘‘(A) an assistant United States attorney 

2 under section 542 of title 28; or 

3 ‘‘(B) an attorney employed by the Depart4 ment of Justice and designated by the Attorney 

5 General of the United States.’’. 

6 (c) TREATMENT UNDER CERTAIN PROVISIONS OF

7 LAW (UNRELATED TO RETIREMENT) TO REMAIN UN8 CHANGED.—

9 (1) ORIGINAL APPOINTMENTS.—Subsections (d) 

10 and (e) of section 3307 of title 5, United States 

11 Code, are amended by adding at the end of each the 

12 following: ‘‘The preceding sentence shall not apply in 

13 the case of an original appointment of a Federal 

14 prosecutor as defined under section 8331(29) or 

15 8401(35).’’. 

16 (2) MANDATORY SEPARATION.—Sections 

17 8335(b) and 8425(b) of title 5, United States Code, 

18 are amended by adding at the end of each the fol19 lowing: ‘‘The preceding provisions of this subsection 

20 shall not apply in the case of a Federal prosecutor 

21 as defined under section 8331(29) or 8401(35).’’. 

22 (d) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on the first day of the first 

24 applicable pay period beginning on or after the date that 

25 is 120 days after the date of enactment of this Act. 
250

•S 22 IS 

1 SEC. 4123. PROVISIONS RELATING TO INCUMBENTS. 

2 (a) DEFINITIONS.—In this section, the term—

3 (1) ‘‘Federal prosecutor’’ means—

4 (A) an assistant United States attorney 

5 under section 542 of title 28, United States 

6 Code; or 

7 (B) an attorney employed by the Depart8 ment of Justice and designated by the Attorney 

9 General of the United States; and 

10 (2) ‘‘incumbent’’ means an individual who is 

11 serving as a Federal prosecutor on the effective date 

12 of this section. 

13 (b) DESIGNATED ATTORNEYS.—If the Attorney Gen14 eral of the United States makes any designation of an at15 torney to meet the definition under subsection (a)(1)(B) 

16 for purposes of being an incumbent under this section—

17 (1) such designation shall be made before the 

18 effective date of this section; and 

19 (2) the Attorney General shall submit to the 

20 Office of Personnel Management before that effec21 tive date—

22 (A) the name of the individual designated; 

23 and 

24 (B) the period of service performed by that 

25 individual as a Federal prosecutor before that 

26 effective date.
251

•S 22 IS 

1 (c) NOTICE REQUIREMENT.—Not later than 9 

2 months after the date of enactment of this Act, the De3 partment of Justice shall take measures reasonably de4 signed to provide notice to incumbents on—

5 (1) their election rights under this part; and 

6 (2) the effects of making or not making a time7 ly election under this part. 

8 (d) ELECTION AVAILABLE TO INCUMBENTS.—

9 (1) IN GENERAL.—An incumbent may elect, for 

10 all purposes, to be treated—

11 (A) in accordance with the amendments 

12 made by this part; or

13 (B) as if this part had never been enacted.

14 (2) FAILURE TO ELECT.—Failure to make a 

15 timely election under this subsection shall be treated 

16 in the same way as an election under paragraph 

17 (1)(A), made on the last day allowable under para18 graph (3). 

19 (3) TIME LIMITATION.—An election under this 

20 subsection shall not be effective unless the election 

21 is made not later than the earlier of—

22 (A) 120 days after the date on which the 

23 notice under subsection (c) is provided; or 

24 (B) the date on which the incumbent in25 volved separates from service. 
252

•S 22 IS 

1 (e) LIMITED RETROACTIVE EFFECT.—

2 (1) EFFECT ON RETIREMENT.—In the case of 

3 an incumbent who elects (or is deemed to have elect4 ed) the option under subsection (d)(1)(A), all service 

5 performed by that individual as a Federal prosecutor 

6 shall—

7 (A) to the extent performed on or after the 

8 effective date of that election, be treated in ac9 cordance with applicable provisions of sub10 chapter III of chapter 83 or chapter 84 of title 

11 5, United States Code, as amended by this 

12 part; and 

13 (B) to the extent performed before the ef14 fective date of that election, be treated in ac15 cordance with applicable provisions of sub16 chapter III of chapter 83 or chapter 84 of such 

17 title, as if the amendments made by this part 

18 had then been in effect. 

19 (2) NO OTHER RETROACTIVE EFFECT.—Noth20 ing in this part (including the amendments made by 

21 this part) shall affect any of the terms or conditions 

22 of an individual’s employment (apart from those 

23 governed by subchapter III of chapter 83 or chapter 

24 84 of title 5, United States Code) with respect to 

25 any period of service preceding the date on which 
253

•S 22 IS 

1 such individual’s election under subsection (d) is 

2 made (or is deemed to have been made). 

3 (f) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV4 ICE.—

5 (1) IN GENERAL.—An individual who makes an 

6 election under subsection (d)(1)(A) may, with re7 spect to prior service performed by such individual, 

8 contribute to the Civil Service Retirement and Dis9 ability Fund the difference between the individual 

10 contributions that were actually made for such serv11 ice and the individual contributions that should have 

12 been made for such service if the amendments made 

13 by section 4122 had then been in effect. 

14 (2) EFFECT OF NOT CONTRIBUTING.—If no 

15 part of or less than the full amount required under 

16 paragraph (1) is paid, all prior service of the incum17 bent shall remain fully creditable as law enforcement 

18 officer service, but the resulting annuity shall be re19 duced in a manner similar to that described in sec20 tion 8334(d)(2) of title 5, United States Code, to 

21 the extent necessary to make up the amount unpaid. 

22 (3) PRIOR SERVICE DEFINED.—For purposes of 

23 this section, the term ‘‘prior service’’ means, with re24 spect to any individual who makes an election under 

25 subsection (d)(1)(A), service performed by such indi-
254

•S 22 IS 

1 vidual before the date as of which appropriate retire2 ment deductions begin to be made in accordance 

3 with such election. 

4 (g) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV5 ICE.—

6 (1) IN GENERAL.—If an incumbent makes an 

7 election under subsection (d)(1)(A), the Department 

8 of Justice shall remit to the Office of Personnel 

9 Management, for deposit in the Treasury of the 

10 United States to the credit of the Civil Service Re11 tirement and Disability Fund, the amount required 

12 under paragraph (2) with respect to such service. 

13 (2) AMOUNT REQUIRED.—The amount the De14 partment of Justice is required to remit is, with re15 spect to any prior service, the total amount of addi16 tional Government contributions to the Civil Service 

17 Retirement and Disability Fund (over and above 

18 those actually paid) that would have been required 

19 if the amendments made by section 4122 had then 

20 been in effect. 

21 (3) CONTRIBUTIONS TO BE MADE RATABLY.—

22 Government contributions under this subsection on 

23 behalf of an incumbent shall be made by the Depart24 ment of Justice ratably (on at least an annual basis) 
255

•S 22 IS 

1 over the 10-year period beginning on the date re2 ferred to in subsection (f)(3). 

3 (h) REGULATIONS.—Except as provided under sec4 tion 4124, the Office of Personnel Management shall pre5 scribe regulations necessary to carry out this part, includ6 ing provisions under which any interest due on the amount 

7 described under subsection (f) shall be determined. 

8 (i) EFFECTIVE DATE.—This section shall take effect 

9 120 days after the date of enactment of this Act. 

10 SEC. 4124. DEPARTMENT OF JUSTICE ADMINISTRATIVE AC11 TIONS. 

12 (a) DEFINITION.—In this section the term ‘‘Federal 

13 prosecutor’’ has the meaning given under section 

14 4123(a)(1). 

15 (b) REGULATIONS.—

16 (1) IN GENERAL.—Not later than 120 days 

17 after the date of enactment of this Act, the Attorney 

18 General of the United States shall—

19 (A) consult with the Office of Personnel 

20 Management on this part (including the amend21 ments made by this part); and 

22 (B) promulgate regulations for making 

23 designations of Federal prosecutors who are not 

24 assistant United States attorneys.
256

•S 22 IS 

1 (2) CONTENTS.—Any regulations promulgated 

2 under paragraph (1) shall ensure that attorneys des3 ignated as Federal prosecutors who are not assistant 

4 United States attorneys have routine employee re5 sponsibilities that are substantially similar to those 

6 of assistant United States attorneys assigned to the 

7 litigation of criminal cases, such as the representa8 tion of the United States before grand juries and in 

9 trials, appeals, and related court proceedings. 

10 (c) DESIGNATIONS.—The designation of any Federal 

11 prosecutor who is not an assistant United States attorney 

12 for purposes of this part (including the amendments made 

13 by this part) shall be at the discretion of the Attorney 

14 General of the United States. 

15 Subtitle B—Rural Law Enforce16 ment Improvement and Train17 ing Grants 

18 SEC. 4201. RURAL LAW ENFORCEMENT RETENTION GRANT 

19 PROGRAM. 

20 Section 1703 of title I of the Omnibus Crime Control 

21 and Safe Streets Act of 1968 (42 U.S.C. 3796dd–2) is 

22 amended by adding at the end the following: 

23 ‘‘(d) RETENTION GRANTS.—

24 ‘‘(1) IN GENERAL.—The Attorney General may 

25 make grants to units of local government and tribal 
257

•S 22 IS 

1 governments located outside a Standard Metropoli2 tan Statistical Area, which grants shall be targeted 

3 specifically for the retention for 1 additional year of 

4 police officers funded through the COPS Universal 

5 Hiring Program, the COPS FAST Program, the 

6 Tribal Resources Grant Program-Hiring, or the 

7 COPS in Schools Program. 

8 ‘‘(2) PREFERENCE.—In making grants under 

9 this subsection, the Attorney General shall give pref10 erence to grantees that demonstrate financial hard11 ship or severe budget constraint that impacts the en12 tire local budget and may result in the termination 

13 of employment for police officers described in para14 graph (1). 

15 ‘‘(3) LIMIT ON GRANT AMOUNTS.—The total 

16 amount of a grant made under this subsection shall 

17 not exceed 20 percent of the original grant to the 

18 grantee. 

19 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

20 ‘‘(A) IN GENERAL.—There are authorized 

21 to be appropriated to carry out this subsection 

22 $15,000,000 for each of fiscal years 2003 

23 through 2007. 

24 ‘‘(B) SET-ASIDE.—Of the amount made 

25 available for grants under this subsection for 
258

•S 22 IS 

1 each fiscal year, 10 percent shall be awarded to 

2 tribal governments.’’. 

3 SEC. 4202. RURAL LAW ENFORCEMENT TECHNOLOGY 

4 GRANT PROGRAM. 

5 Section 1701 of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is 

7 amended by striking subsection (k) and inserting the fol8 lowing: 

9 ‘‘(k) LAW ENFORCEMENT TECHNOLOGY PRO10 GRAM.—

11 ‘‘(1) IN GENERAL.—Grants made under sub12 section (a) may be used to assist the police depart13 ments of units of local government and tribal gov14 ernments located outside a Standard Metropolitan 

15 Statistical Area, in employing professional, scientific, 

16 and technological advancements that will help those 

17 police departments to—

18 ‘‘(A) improve police communications 

19 through the use of wireless communications, 

20 computers, software, videocams, databases and 

21 other hardware and software that allow law en22 forcement agencies to communicate and operate 

23 more effectively; and 

24 ‘‘(B) develop and improve access to crime 

25 solving technologies, including DNA analysis, 
259

•S 22 IS 

1 photo enhancement, voice recognition, and other 

2 forensic capabilities. 

3 ‘‘(2) COST SHARE REQUIREMENT.—A recipient 

4 of a grant made under subsection (a) and used in 

5 accordance with this subsection shall provide match6 ing funds from non-Federal sources in an amount 

7 equal to not less than 10 percent of the total 

8 amount of the grant made under this subsection, 

9 subject to a waiver by the Attorney General for ex10 treme hardship. 

11 ‘‘(3) ADMINISTRATION.—The COPS Office 

12 shall administer the grant program under this sub13 section. 

14 ‘‘(4) NO SUPPLANTING.—Federal funds pro15 vided under this subsection shall be used to supple16 ment and not to supplant local funds allocated to 

17 technology. 

18 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

19 ‘‘(A) IN GENERAL.—There are authorized 

20 to be appropriated $40,000,000 for each of fis21 cal years 2003 through 2007 to carry out this 

22 subsection. 

23 ‘‘(B) SET-ASIDE.—Of the amount made 

24 available for grants under this subsection for 
260

•S 22 IS 

1 each fiscal year, 10 percent shall be awarded to 

2 tribal governments.’’. 

3 SEC. 4203. RURAL 9–1–1 SERVICE. 

4 (a) PURPOSE.—The purpose of this section is to pro5 vide access to, and improve a communications infrastruc6 ture that will ensure a reliable and seamless communica7 tion between, law enforcement, fire, and emergency med8 ical service providers in units of local government and trib9 al governments located outside a Standard Metropolitan 

10 Statistical Area and in States. 

11 (b) AUTHORITY TO MAKE GRANTS.—The Office of 

12 Justice Programs of the Department of Justice shall make 

13 grants, in accordance with such regulations as the Attor14 ney General may prescribe, to units of local government 

15 and tribal governments located outside a Standard Metro16 politan Statistical Area for the purpose of establishing or 

17 improving 9–1–1 service in those communities. Priority in 

18 making grants under this section shall be given to commu19 nities that do not have 9–1–1 service. 

20 (c) DEFINITION.—In this section, the term ‘‘9–1–1 

21 service’’ refers to telephone service that has designated 9–

22 1–1 as a universal emergency telephone number in the 

23 community served for reporting an emergency to appro24 priate authorities and requesting assistance.
261

•S 22 IS 

1 (d) LIMIT ON GRANT AMOUNT.—The total amount 

2 of a grant made under this section shall not exceed 

3 $250,000. 

4 (e) FUNDING.—

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated to carry out this section $25,000,000 

7 for fiscal years 2003 and 2004, to remain available 

8 until expended. 

9 (2) SET-ASIDE.—Of the amount made available 

10 for grants under this section, 10 percent shall be 

11 awarded to tribal governments. 

12 SEC. 4204. SMALL TOWN AND RURAL LAW ENFORCEMENT 

13 TRAINING PROGRAM. 

14 (a) IN GENERAL.—There is established a Rural Po15 licing Institute, which shall be administered by the Na16 tional Center for State and Local Law Enforcement 

17 Training of the Federal Law Enforcement Training Cen18 ter (FLETC) as part of the Small Town and Rural Train19 ing (STAR) Program to—

20 (1) assess the needs of law enforcement in units 

21 of local government and tribal governments located 

22 outside a Standard Metropolitan Statistical Area; 

23 (2) develop and deliver export training pro24 grams regarding topics such as drug enforcement, 

25 airborne counterdrug operations, domestic violence, 
262

•S 22 IS 

1 hate and bias crimes, computer crimes, law enforce2 ment critical incident planning related to school 

3 shootings, and other topics identified in the training 

4 needs assessment to law enforcement officers in 

5 units of local government and tribal governments lo6 cated outside a Standard Metropolitan Statistical 

7 Area; and 

8 (3) conduct outreach efforts to ensure that 

9 training programs under the Rural Policing Institute 

10 reach law enforcement officers in units of local gov11 ernment and tribal governments located outside a 

12 Standard Metropolitan Statistical Area. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated $10,000,000 for fiscal years 2003 and 

16 2004, and $5,000,000 for each of fiscal years 2005 

17 through 2008 to carry out this section, including 

18 contracts, staff, and equipment. 

19 (2) SET-ASIDE.—Of the amount made available 

20 for grants under this section for each fiscal year, 10 

21 percent shall be awarded to tribal governments. 

22 Subtitle C—FBI Reform 

23 SEC. 4301. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Federal Bureau 

25 of Investigation Reform Act of 2003’’. 
263

•S 22 IS 

1 PART 1—WHISTLEBLOWER PROTECTION 

2 SEC. 4311. INCREASING PROTECTIONS FOR FBI WHISTLE3 BLOWERS. 

4 Section 2303 of title 5, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 2303. Prohibited personnel practices in the Fed7 eral Bureau of Investigation 

8 ‘‘(a) DEFINITION.—In this section, the term ‘per9 sonnel action’ means any action described in clauses (i) 

10 through (x) of section 2302(a)(2)(A). 

11 ‘‘(b) PROHIBITED PRACTICES.—Any employee of the 

12 Federal Bureau of Investigation who has the authority to 

13 take, direct others to take, recommend, or approve any 

14 personnel action, shall not, with respect to such authority, 

15 take or fail to take a personnel action with respect to any 

16 employee of the Bureau or because of—

17 ‘‘(1) any disclosure of information by the em18 ployee to the Attorney General (or an employee des19 ignated by the Attorney General for such purpose), 

20 a supervisor of the employee, the Inspector General 

21 for the Department of Justice, or a Member of Con22 gress that the employee reasonably believes evi23 dences—

24 ‘‘(A) a violation of any law, rule, or regula25 tion; or 
264

•S 22 IS 

1 ‘‘(B) mismanagement, a gross waste of 

2 funds, an abuse of authority, or a substantial 

3 and specific danger to public health or safety; 

4 or 

5 ‘‘(2) any disclosure of information by the em6 ployee to the Special Counsel of information that the 

7 employee reasonably believes evidences—

8 ‘‘(A) a violation of any law, rule, or regula9 tion; or 

10 ‘‘(B) mismanagement, a gross waste of 

11 funds, an abuse of authority, or a substantial 

12 and specific danger to public health or safety, 

13 if such disclosure is not specifically prohibited by law 

14 and if such information is not specifically required 

15 by Executive order to be kept secret in the interest 

16 of national defense or the conduct of foreign affairs. 

17 ‘‘(c) INDIVIDUAL RIGHT OF ACTION.—Chapter 12 of 

18 this title shall apply to an employee of the Federal Bureau 

19 of Investigation who claims that a personnel action has 

20 been taken under this section against the employee as a 

21 reprisal for any disclosure of information described in sub22 section (b)(2). 

23 ‘‘(d) REGULATIONS.—The Attorney General shall 

24 prescribe regulations to ensure that a personnel action 

25 under this section shall not be taken against an employee
265

•S 22 IS 

1 of the Federal Bureau of Investigation as a reprisal for 

2 any disclosure of information described in subsection 

3 (b)(1), and shall provide for the enforcement of such regu4 lations in a manner consistent with applicable provisions 

5 of sections 1214 and 1221, and in accordance with the 

6 procedures set forth in sections 554 through 557 and 701 

7 through 706.’’. 

8 PART 2—FBI SECURITY CAREER PROGRAM 

9 SEC. 4321. SECURITY MANAGEMENT POLICIES. 

10 The Attorney General shall establish policies and pro11 cedures for the effective management (including accession, 

12 education, training, and career development) of persons 

13 serving in security positions in the Federal Bureau of In14 vestigation. 

15 SEC. 4322. DIRECTOR OF THE FEDERAL BUREAU OF INVES16 TIGATION. 

17 (a) IN GENERAL.—Subject to the authority, direc18 tion, and control of the Attorney General, the Director of 

19 the Federal Bureau of Investigation (referred to in this 

20 part as the ‘‘Director’’) shall carry out all powers, func21 tions, and duties of the Attorney General with respect to 

22 the security workforce in the Federal Bureau of Investiga23 tion. 

24 (b) POLICY IMPLEMENTATION.—The Director shall 

25 ensure that the policies of the Attorney General estab-
266

•S 22 IS 

1 lished in accordance with this subtitle are implemented 

2 throughout the Federal Bureau of Investigation at both 

3 the headquarters and field office levels. 

4 SEC. 4323. DIRECTOR OF SECURITY. 

5 The Director shall appoint a Director of Security, or 

6 such other title as the Director may determine, to assist 

7 the Director in the performance of the duties of the Direc8 tor under this subtitle. 

9 SEC. 4324. SECURITY CAREER PROGRAM BOARDS. 

10 (a) ESTABLISHMENT.—The Director acting through 

11 the Director of Security shall establish a security career 

12 program board to advise the Director in managing the hir13 ing, training, education, and career development of per14 sonnel in the security workforce of the Federal Bureau 

15 of Investigation. 

16 (b) COMPOSITION OF BOARD.—The security career 

17 program board shall include—

18 (1) the Director of Security (or a representative 

19 of the Director of Security); 

20 (2) the senior officials, as designated by the Di21 rector, with responsibility for personnel manage22 ment; 

23 (3) the senior officials, as designated by the Di24 rector, with responsibility for information manage25 ment; 
267

•S 22 IS 

1 (4) the senior officials, as designated by the Di2 rector, with responsibility for training and career de3 velopment in the various security disciplines; and 

4 (5) such other senior officials for the intel5 ligence community as the Director may designate. 

6 (c) CHAIRPERSON.—The Director of Security (or a 

7 representative of the Director of Security) shall be the 

8 chairperson of the board. 

9 (d) SUBORDINATE BOARDS.—The Director of Secu10 rity may establish a subordinate board structure to which 

11 functions of the security career program board may be del12 egated. 

13 SEC. 4325. DESIGNATION OF SECURITY POSITIONS. 

14 (a) DESIGNATION.—The Director shall designate, by 

15 regulation, those positions in the Federal Bureau of Inves16 tigation that are security positions for purposes of this 

17 subtitle. 

18 (b) REQUIRED POSITIONS.—In designating security 

19 positions under subsection (a), the Director shall include, 

20 at a minimum, all security-related positions in the areas 

21 of—

22 (1) personnel security and access control; 

23 (2) information systems security and informa24 tion assurance; 
268

•S 22 IS 

1 (3) physical security and technical surveillance 

2 countermeasures; 

3 (4) operational, program, and industrial secu4 rity; and 

5 (5) information security and classification man6 agement. 

7 SEC. 4326. CAREER DEVELOPMENT. 

8 (a) CAREER PATHS.—The Director shall ensure that 

9 appropriate career paths for personnel who wish to pursue 

10 careers in security are identified in terms of the education, 

11 training, experience, and assignments necessary for career 

12 progression to the most senior security positions and shall 

13 make available published information on those career 

14 paths. 

15 (b) LIMITATION ON PREFERENCE FOR SPECIAL

16 AGENTS.—

17 (1) IN GENERAL.—Except as provided in the 

18 policy established under paragraph (2), the Attorney 

19 General shall ensure that no requirement or pref20 erence for a Special Agent of the Federal Bureau of 

21 Investigation (referred to in this part as a ‘‘Special 

22 Agent’’) is used in the consideration of persons for 

23 security positions. 

24 (2) POLICY.—The Attorney General shall estab25 lish a policy that permits a particular security posi-
269

•S 22 IS 

1 tion to be specified as available only to Special 

2 Agents, if a determination is made, under criteria 

3 specified in the policy, that a Special Agent— 

4 (A) is required for that position by law; 

5 (B) is essential for performance of the du6 ties of the position; or 

7 (C) is necessary for another compelling 

8 reason. 

9 (3) REPORT.—Not later than December 15 of 

10 each year, the Director shall submit to the Attorney 

11 General a report that lists—

12 (A) each security position that is restricted 

13 to Special Agents under the policy established 

14 under paragraph (2); and 

15 (B) the recommendation of the Director as 

16 to whether each restricted security position 

17 should remain restricted. 

18 (c) OPPORTUNITIES TO QUALIFY.—The Attorney 

19 General shall ensure that all personnel, including Special 

20 Agents, are provided the opportunity to acquire the edu21 cation, training, and experience necessary to qualify for 

22 senior security positions. 

23 (d) BEST QUALIFIED.—The Attorney General shall 

24 ensure that the policies established under this subtitle are 

25 designed to provide for the selection of the best qualified
270

•S 22 IS 

1 individual for a position, consistent with other applicable 

2 law. 

3 (e) ASSIGNMENTS POLICY.—The Attorney General 

4 shall establish a policy for assigning Special Agents to se5 curity positions that provides for a balance between—

6 (1) the need for personnel to serve in career en7 hancing positions; and 

8 (2) the need for requiring service in each such 

9 position for sufficient time to provide the stability 

10 necessary to carry out effectively the duties of the 

11 position and to allow for the establishment of re12 sponsibility and accountability for actions taken in 

13 the position. 

14 (f) LENGTH OF ASSIGNMENT.—In implementing the 

15 policy established under subsection (b)(2), the Director 

16 shall provide, as appropriate, for longer lengths of assign17 ments to security positions than assignments to other po18 sitions. 

19 (g) PERFORMANCE APPRAISALS.—The Director shall 

20 provide an opportunity for review and inclusion of any 

21 comments on any appraisal of the performance of a person 

22 serving in a security position by a person serving in a secu23 rity position in the same security career field. 

24 (h) BALANCED WORKFORCE POLICY.—In the devel25 opment of security workforce policies under this subtitle 
271

•S 22 IS 

1 with respect to any employees or applicants for employ2 ment, the Attorney General shall, consistent with the 

3 merit system principles set out in paragraphs (1) and (2) 

4 of section 2301(b) of title 5, United States Code, take into 

5 consideration the need to maintain a balanced workforce 

6 in which women and members of racial and ethnic minor7 ity groups are appropriately represented in Government 

8 service. 

9 SEC. 4327. GENERAL EDUCATION, TRAINING, AND EXPERI10 ENCE REQUIREMENTS. 

11 (a) IN GENERAL.—The Director shall establish edu12 cation, training, and experience requirements for each se13 curity position, based on the level of complexity of duties 

14 carried out in the position. 

15 (b) QUALIFICATION REQUIREMENTS.—Before being 

16 assigned to a position as a program manager or deputy 

17 program manager of a significant security program, a per18 son—

19 (1) must have completed a security program 

20 management course that is accredited by the Intel21 ligence Community-Department of Defense Joint Se22 curity Training Consortium or is determined to be 

23 comparable by the Director; and 
272

•S 22 IS 

1 (2) must have not less than 6 years experience 

2 in security, of which not less than 2 years were per3 formed in a similar program office or organization. 

4 SEC. 4328. EDUCATION AND TRAINING PROGRAMS. 

5 (a) IN GENERAL.—The Director, in consultation with 

6 the Director of Central Intelligence and the Secretary of 

7 Defense, shall establish and implement education and 

8 training programs for persons serving in security positions 

9 in the Federal Bureau of Investigation. 

10 (b) OTHER PROGRAMS.—The Director shall ensure 

11 that programs established under subsection (a) are estab12 lished and implemented, to the maximum extent prac13 ticable, uniformly with the programs of the Intelligence 

14 Community and the Department of Defense. 

15 SEC. 4329. OFFICE OF PERSONNEL MANAGEMENT AP16 PROVAL. 

17 (a) IN GENERAL.—The Attorney General shall sub18 mit any requirement that is established under section 

19 4327 to the Director of the Office of Personnel Manage20 ment for approval. 

21 (b) FINAL APPROVAL.—If the Director does not dis22 approve the requirements established under section 4327 

23 within 30 days after the date on which the Director re24 ceives the requirement, the requirement is deemed to be 
273

•S 22 IS 

1 approved by the Director of the Office of Personnel Man2 agement. 

3 PART 3—FBI COUNTERINTELLIGENCE 

4 POLYGRAPH PROGRAM 

5 SEC. 4331. DEFINITIONS. 

6 In this part: 

7 (1) POLYGRAPH PROGRAM.—The term ‘‘poly8 graph program’’ means the counterintelligence 

9 screening polygraph program established under sec10 tion 4332. 

11 (2) POLYGRAPH REVIEW.—The term ‘‘Poly12 graph Review’’ means the review of the scientific va13 lidity of the polygraph for counterintelligence screen14 ing purposes conducted by the Committee to Review 

15 the Scientific Evidence on the Polygraph of the Na16 tional Academy of Sciences. 

17 SEC. 4332. ESTABLISHMENT OF PROGRAM. 

18 Not later than 6 months after the date of enactment 

19 of this Act, the Attorney General, in consultation with the 

20 Director of the Federal Bureau of Investigation and the 

21 Director of Security of the Federal Bureau of Investiga22 tion, shall establish a counterintelligence screening poly23 graph program for the Federal Bureau of Investigation 

24 that consists of periodic polygraph examinations of em25 ployees, or contractor employees of the Federal Bureau
274

•S 22 IS 

1 of Investigation who are in positions specified by the Di2 rector of the Federal Bureau of Investigation as exception3 ally sensitive in order to minimize the potential for unau4 thorized release or disclosure of exceptionally sensitive in5 formation. 

6 SEC. 4333. REGULATIONS. 

7 (a) IN GENERAL.—The Attorney General shall pre8 scribe regulations for the polygraph program in accord9 ance with subchapter II of chapter 5 of title 5, United 

10 States Code (commonly referred to as the Administrative 

11 Procedures Act). 

12 (b) CONSIDERATIONS.—In prescribing regulations 

13 under subsection (a), the Attorney General shall—

14 (1) take into account the results of the Poly15 graph Review; and 

16 (2) include procedures for—

17 (A) identifying and addressing false posi18 tive results of polygraph examinations; 

19 (B) ensuring that adverse personnel ac20 tions are not taken against an individual solely 

21 by reason of the physiological reaction of the in22 dividual to a question in a polygraph examina23 tion, unless—

24 (i) reasonable efforts are first made 

25 independently to determine through alter-
275

•S 22 IS 

1 native means, the veracity of the response 

2 of the individual to the question; and 

3 (ii) the Director of the Federal Bu4 reau of Investigation determines personally 

5 that the personnel action is justified; 

6 (C) ensuring quality assurance and quality 

7 control in accordance with any guidance pro8 vided by the Department of Defense Polygraph 

9 Institute and the Director of Central Intel10 ligence; and 

11 (D) allowing any employee or contractor 

12 who is the subject of a counterintelligence 

13 screening polygraph examination under the 

14 polygraph program, upon written request, to 

15 have prompt access to any unclassified reports 

16 regarding an examination that relates to any 

17 adverse personnel action taken with respect to 

18 the individual. 

19 SEC. 4334. REPORT ON FURTHER ENHANCEMENT OF FBI 

20 PERSONNEL SECURITY PROGRAM. 

21 (a) IN GENERAL.—Not later than 9 months after the 

22 date of enactment of this Act, the Director of the Federal 

23 Bureau of Investigation shall submit to Congress a report 

24 setting forth recommendations for any legislative action 

25 that the Director considers appropriate in order to en-
276

•S 22 IS 

1 hance the personnel security program of the Federal Bu2 reau of Investigation. 

3 (b) POLYGRAPH REVIEW RESULTS.—Any rec4 ommendation under subsection (a) regarding the use of 

5 polygraphs shall take into account the results of the Poly6 graph Review. 

7 PART 4—REPORTS 

8 SEC. 4341. REPORT ON LEGAL AUTHORITY FOR FBI PRO9 GRAMS AND ACTIVITIES. 

10 (a) IN GENERAL.—Not later than 9 months after the 

11 date of enactment of this Act, the Attorney General shall 

12 submit to Congress a report describing the statutory and 

13 other legal authority for all programs and activities of the 

14 Federal Bureau of Investigation. 

15 (b) CONTENTS.—The report submitted under sub16 section (a) shall describe—

17 (1) the titles within the United States Code and 

18 the statutes for which the Federal Bureau of Inves19 tigation exercises investigative responsibility; 

20 (2) each program or activity of the Federal Bu21 reau of Investigation that has express statutory au22 thority and the statute which provides that author23 ity; and 

24 (3) each program or activity of the Federal Bu25 reau of Investigation that does not have express 
277

•S 22 IS 

1 statutory authority, and the source of the legal au2 thority for that program or activity. 

3 (c) RECOMMENDATIONS.—The report submitted 

4 under subsection (a) shall recommend whether—

5 (1) the Federal Bureau of Investigation should 

6 continue to have investigative responsibility for each 

7 statute for which the Federal Bureau of Investiga8 tion currently has investigative responsibility; 

9 (2) the legal authority for any program or ac10 tivity of the Federal Bureau of Investigation should 

11 be modified or repealed; 

12 (3) the Federal Bureau of Investigation should 

13 have express statutory authority for any program or 

14 activity of the Federal Bureau of Investigation for 

15 which the Federal Bureau of Investigation does not 

16 currently have express statutory authority; and 

17 (4) the Federal Bureau of Investigation 

18 should—

19 (A) have authority for any new program or 

20 activity; and 

21 (B) express statutory authority with re22 spect to any new programs or activities. 
278

•S 22 IS 

1 PART 5—ENDING THE DOUBLE STANDARD 

2 SEC. 4351. ALLOWING DISCIPLINARY SUSPENSIONS OF 

3 MEMBERS OF THE SENIOR EXECUTIVE SERV4 ICE FOR 14 DAYS OR LESS. 

5 Section 7542 of title 5, United States Code, is 

6 amended by striking ‘‘for more than 14 days’’. 

7 SEC. 4352. SUBMITTING OFFICE OF PROFESSIONAL RE8 SPONSIBILITY REPORTS TO CONGRESSIONAL 

9 COMMITTEES. 

10 (a) IN GENERAL.—For each of the 5 years following 

11 the date of enactment of this Act, the Office of the Inspec12 tor General shall submit to the chairperson and ranking 

13 member of the Committees on the Judiciary of the Senate 

14 and the House of Representatives an annual report to be 

15 completed by the Federal Bureau of Investigation, Office 

16 of Professional Responsibility and provided to the Inspec17 tor General, which sets forth—

18 (1) basic information on each investigation 

19 completed by that Office; 

20 (2) the findings and recommendations of that 

21 Office for disciplinary action; and 

22 (3) what, if any, action was taken by the Direc23 tor of the Federal Bureau of Investigation or the 

24 designee of the Director based on any such rec25 ommendation.
279

•S 22 IS 

1 (b) CONTENTS.—In addition to all matters already 

2 included in the annual report described in subsection (a), 

3 the report shall also include an analysis of—

4 (1) whether senior Federal Bureau of Investiga5 tion employees and lower level Federal Bureau of In6 vestigation personnel are being disciplined and inves7 tigated similarly; and 

8 (2) whether any double standard is being em9 ployed to more senior employees with respect to alle10 gations of misconduct. 

11 PART 6—ENHANCING SECURITY AT THE 

12 DEPARTMENT OF JUSTICE 

13 SEC. 4361. REPORT ON THE PROTECTION OF SECURITY 

14 AND INFORMATION AT THE DEPARTMENT OF 

15 JUSTICE. 

16 Not later than 9 months after the date of enactment 

17 of this Act, the Attorney General shall submit to Congress 

18 a report on the manner in which the Security and Emer19 gency Planning Staff, the Office of Intelligence Policy and 

20 Review, and the Chief Information Officer of the Depart21 ment of Justice plan to improve the protection of security 

22 and information at the Department of Justice, including 

23 a plan to establish secure electronic communications be24 tween the Federal Bureau of Investigation and the Office 

25 of Intelligence Policy and Review for processing informa-
280

•S 22 IS 

1 tion related to the Foreign Intelligence Surveillance Act 

2 of 1978 (50 U.S.C. 1801 et seq.). 

3 SEC. 4362. AUTHORIZATION FOR INCREASED RESOURCES 

4 TO PROTECT SECURITY AND INFORMATION. 

5 There are authorized to be appropriated to the De6 partment of Justice for the activities of the Security and 

7 Emergency Planning Staff to meet the increased demands 

8 to provide personnel, physical, information, technical, and 

9 litigation security for the Department of Justice, to pre10 pare for terrorist threats and other emergencies, and to 

11 review security compliance by components of the Depart12 ment of Justice—

13 (1) $13,000,000 for fiscal years 2003 and 

14 2004; 

15 (2) $17,000,000 for fiscal year 2005; and 

16 (3) $22,000,000 for fiscal year 2006. 

17 SEC. 4363. AUTHORIZATION FOR INCREASED RESOURCES 

18 TO FULFILL NATIONAL SECURITY MISSION 

19 OF THE DEPARTMENT OF JUSTICE. 

20 There are authorized to be appropriated to the De21 partment of Justice for the activities of the Office of Intel22 ligence Policy and Review to help meet the increased per23 sonnel demands to combat terrorism, process applications 

24 to the Foreign Intelligence Surveillance Court, participate 

25 effectively in counterespionage investigations, provide pol-
281

•S 22 IS 

1 icy analysis and oversight on national security matters, 

2 and enhance secure computer and telecommunications fa3 cilities—

4 (1) $7,000,000 for fiscal years 2003 and 2004; 

5 (2) $7,500,000 for fiscal year 2005; and 

6 (3) $8,000,000 for fiscal year 2006. 

7 Subtitle D—DNA Sexual Assault 

8 Justice Act 

9 SEC. 4401. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘DNA Sexual As11 sault Justice Act of 2003’’. 

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

13 SAMPLES. 

14 (a) ASSESSMENT.—The Attorney General, acting 

15 through the Director of the National Institute of Justice, 

16 shall survey Federal, State, local, and tribal law enforce17 ment jurisdictions to assess the amount of DNA evidence 

18 contained in rape kits and in other evidence from sexual 

19 assault crimes that has not been subjected to testing and 

20 analysis. 

21 (b) REPORT.—

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this Act, the Attorney Gen24 eral shall submit to Congress a report on the assess25 ment carried out under subsection (a). 
282

•S 22 IS 

1 (2) CONTENTS.—The report submitted under 

2 paragraph (1) shall include—

3 (A) the results of the assessment carried 

4 out under subsection (a); 

5 (B) the number of rape kit samples and 

6 other evidence from sexual assault crimes that 

7 have not been subjected to DNA testing and 

8 analysis; and 

9 (C) a plan for carrying out additional as10 sessments and reports on the backlog in crime 

11 scene DNA testing and analysis. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Department of Jus14 tice to carry out this section $500,000 for fiscal years 

15 2003 and 2004. 

16 SEC. 4403. THE DEBBIE SMITH DNA BACKLOG GRANT PRO17 GRAM. 

18 Section 2 of the DNA Analysis Backlog Elimination 

19 Act of 2000 (42 U.S.C. 14135) is amended—

20 (1) by striking the heading and inserting ‘‘AU21 THORIZATION OF DEBBIE SMITH DNA BACK22 LOG GRANTS.’’; and 

23 (2) in subsection (a)—

24 (A) in paragraph (2), by inserting ‘‘includ25 ing samples from rape kits and samples from 
283

•S 22 IS 

1 other sexual assault evidence, including samples 

2 taken in cases with no identified suspect’’ after 

3 ‘‘crime scene’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(4) To ensure that DNA testing and analysis 

6 of samples from rape kits and nonsuspect cases are 

7 carried out in a timely manner.’’. 

8 SEC. 4404. INCREASED GRANTS FOR ANALYSIS OF DNA 

9 SAMPLES FROM CONVICTED OFFENDERS 

10 AND CRIME SCENES. 

11 Section 2(j) of the DNA Analysis Backlog Elimi12 nation Act of 2000 (42 U.S.C. 14135(j)) is amended—

13 (1) in paragraph (1)—

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

15 ‘‘and’’ at the end; and 

16 (B) by striking subparagraph (C) and in17 serting the following: 

18 ‘‘(C) $15,000,000 for fiscal year 2003; 

19 ‘‘(D) $15,000,000 for fiscal year 2004; 

20 ‘‘(E) $15,000,000 for fiscal year 2005; 

21 ‘‘(F) $15,000,000 for fiscal year 2006; and 

22 ‘‘(G) $15,000,000 for fiscal year 2007. 

23 Amounts made available to carry out the purposes 

24 specified in subsection (a)(1) shall remain available 

25 until expended.’’; and
284

•S 22 IS 

1 (2) in paragraph (2), by striking subparagraphs 

2 (C) and (D) and inserting the following: 

3 ‘‘(C) $75,000,000 for fiscal year 2003; 

4 ‘‘(D) $75,000,000 for fiscal year 2004; 

5 ‘‘(E) $75,000,000 for fiscal year 2005; 

6 ‘‘(F) $75,000,000 for fiscal year 2006; and 

7 ‘‘(G) $25,000,000 for fiscal year 2007. 

8 Amounts made available to carry out the purposes 

9 specified in paragraphs (2) and (3) of subsection (a) 

10 shall remain available until expended.’’. 

11 SEC. 4405. AUTHORITY OF LOCAL GOVERNMENTS TO APPLY 

12 FOR AND RECEIVE DNA BACKLOG ELIMI13 NATION GRANTS. 

14 Section 2 of the DNA Analysis Backlog Elimination 

15 Act of 2000 (42 U.S.C. 14135) is amended—

16 (1) in subsection (a)—

17 (A) in the matter preceding paragraph 

18 (1)—

19 (i) by inserting ‘‘, units of local gov20 ernment, or Indian tribes’’ after ‘‘eligible 

21 States’’; and 

22 (ii) by inserting ‘‘, unit of local gov23 ernment, or Indian tribe’’ after ‘‘State’’; 

24 and 
285

•S 22 IS 

1 (B) in paragraph (3), by striking ‘‘or by 

2 units of local government’’ and inserting ‘‘, 

3 units of local government, or Indian tribes’’; 

4 (2) in subsection (b)—

5 (A) in the matter preceding paragraph (1), 

6 by inserting ‘‘or unit of local government, or 

7 the head of the Indian tribe’’ after ‘‘State’’ 

8 each place that term appears; 

9 (B) in paragraph (1), by inserting ‘‘, unit 

10 of local government, or Indian tribe’’ after 

11 ‘‘State’’; 

12 (C) in paragraph (3), by inserting ‘‘, unit 

13 of local government, or Indian tribe’’ after 

14 ‘‘State’’ the first time that term appears; 

15 (D) in paragraph (4), by inserting ‘‘, unit 

16 of local government, or Indian tribe’’ after 

17 ‘‘State’’; and 

18 (E) in paragraph (5), by inserting ‘‘, unit 

19 of local government, or Indian tribe’’ after 

20 ‘‘State’’; 

21 (3) in subsection (c), by inserting ‘‘, unit of 

22 local government, or Indian tribe’’ after ‘‘State’’; 

23 (4) in subsection (d)—

24 (A) in paragraph (1)—
286

•S 22 IS 

1 (i) in subparagraph (A), by striking 

2 ‘‘or a unit of local government’’ and insert3 ing ‘‘, a unit of local government, or an In4 dian tribe’’; and 

5 (ii) in subparagraph (B), by striking 

6 ‘‘or a unit of local government’’ and insert7 ing ‘‘, a unit of local government, or an In8 dian tribe’’; and 

9 (B) in paragraph (2)(A), by inserting ‘‘, 

10 units of local government, and Indian tribes,’’ 

11 after ‘‘States’’; 

12 (5) in subsection (e)—

13 (A) in paragraph (1), by inserting ‘‘or local 

14 government’’ after ‘‘State’’ each place that term 

15 appears; and 

16 (B) in paragraph (2), by inserting ‘‘, unit 

17 of local government, or Indian tribe’’ after 

18 ‘‘State’’; 

19 (6) in subsection (f), in the matter preceding 

20 paragraph (1), by inserting ‘‘, unit of local govern21 ment, or Indian tribe’’ after ‘‘State’’; 

22 (7) in subsection (g)—

23 (A) in paragraph (1), by inserting ‘‘, unit 

24 of local government, or Indian tribe’’ after 

25 ‘‘State’’; and 
287

•S 22 IS 

1 (B) in paragraph (2), by inserting ‘‘, units 

2 of local government, or Indian tribes’’ after 

3 ‘‘States’’; and 

4 (8) in subsection (h), by inserting ‘‘, unit of 

5 local government, or Indian tribe’’ after ‘‘State’’ 

6 each place that term appears. 

7 SEC. 4406. IMPROVING ELIGIBILITY CRITERIA FOR BACK8 LOG GRANTS. 

9 Section 2 of the DNA Analysis Backlog Elimination 

10 Act of 2000 (42 U.S.C. 14135) is amended—

11 (1) in subsection (b)—

12 (A) in paragraph (4), by striking ‘‘and’’ 

13 after the semicolon; 

14 (B) in paragraph (5), by striking the pe15 riod at the end and inserting a semicolon; and 

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

17 ‘‘(6) if the applicant is a unit of local govern18 ment, certify that the applicant participates in a 

19 State laboratory system; 

20 ‘‘(7) provide assurances that, not later than 3 

21 years after the date on which the application is sub22 mitted, the State, unit of local government, or In23 dian tribe will implement a plan for forwarding, not 

24 later than 180 days after a DNA evidence sample is 

25 obtained, all samples collected in cases of sexual as-
288

•S 22 IS 

1 sault to a laboratory that meets the quality assur2 ance standards for testing under subsection (d); and 

3 ‘‘(8) upon issuance of the regulations specified 

4 in section 10(d), certify that the State, unit of local 

5 government, or Indian tribe is in compliance with 

6 those regulations.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(k) PRIORITY.—In awarding grants under this sec9 tion, the Attorney General shall give priority to a State 

10 or unit of local government that has a significant rape kit 

11 or nonsuspect case backlog per capita as compared with 

12 other applicants.’’. 

13 SEC. 4407. QUALITY ASSURANCE STANDARDS FOR COLLEC14 TION AND HANDLING OF DNA EVIDENCE. 

15 (a) NATIONAL PROTOCOL.—

16 (1) IN GENERAL.—The Attorney General shall 

17 review national, State, local, and tribal government 

18 protocols, that exist on or before the date of enact19 ment of this Act, on the collection and processing of 

20 DNA evidence at crime scenes. 

21 (2) RECOMMENDED PROTOCOL.—Based upon 

22 the review described in paragraph (1), the Attorney 

23 General shall develop a recommended national pro24 tocol for the collection of DNA evidence at crime 
289

•S 22 IS 

1 scenes, including crimes of rape and other sexual as2 sault. 

3 (b) STANDARDS, PRACTICE, AND TRAINING FOR SEX4 UAL ASSAULT FORENSIC EXAMINATIONS.—Section 

5 1405(a) of the Victims of Trafficking and Violence Protec6 tion Act of 2000 (42 U.S.C. 3796gg note) is amended—

7 (1) in paragraph (2), by inserting ‘‘and emer8 gency response personnel’’ after ‘‘health care stu9 dents’’; and 

10 (2) in paragraph (3), by inserting ‘‘and DNA 

11 evidence collection’’ after ‘‘sexual assault forensic ex12 aminations’’. 

13 SEC. 4408. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 

14 GRANTS. 

15 (a) AUTHORIZATION OF GRANTS.—The Attorney 

16 General shall make grants to eligible entities to—

17 (1) establish and maintain sexual assault exam18 iner programs; 

19 (2) carry out sexual assault examiner training 

20 and certification; and 

21 (3) acquire or improve forensic equipment. 

22 (b) ELIGIBLE ENTITY.—For purposes of this section, 

23 the term ‘‘eligible entity’’ means—

24 (1) a State; 

25 (2) a unit of local government;
290

•S 22 IS 

1 (3) a college, university, or other institute of 

2 higher learning; 

3 (4) an Indian tribe; 

4 (5) sexual assault examination programs, in5 cluding sexual assault nurse examiner (SANE) pro6 grams, sexual assault forensic examiner (SAFE) 

7 programs, and sexual assault response team (SART) 

8 programs; and 

9 (6) a State sexual assault coalition. 

10 (c) APPLICATION.—To receive a grant under this sec11 tion—

12 (1) an eligible entity shall submit to the Attor13 ney General an application in such form and con14 taining such information as the Attorney General 

15 may require; and 

16 (2) an existing or proposed sexual assault ex17 amination program shall also—

18 (A) certify that the program complies with 

19 the standards and recommended protocol devel20 oped by the Attorney General pursuant to sec21 tion 1405 of the Victims of Trafficking and Vi22 olence Protection Act of 2000 (42 U.S.C. 

23 3796gg note); and 

24 (B) certify that the applicant is aware of, 

25 and utilizing, uniform protocols and standards 
291

•S 22 IS 

1 issued by the Department of Justice on the col2 lection and processing of DNA evidence at 

3 crime scenes. 

4 (d) PRIORITY.—In awarding grants under this sec5 tion, the Attorney General shall give priority to proposed 

6 or existing sexual assault examination programs that are 

7 serving, or will serve, populations currently underserved 

8 by existing sexual assault examination programs. 

9 (e) RESTRICTIONS ON USE OF FUNDS.—

10 (1) SUPPLEMENTAL FUNDS.—Funds made 

11 available under this section shall not be used to sup12 plant State funds, but shall be used to increase the 

13 amount of funds that would, in the absence of Fed14 eral funds, be made available from State sources for 

15 the purposes of this section. 

16 (2) ADMINISTRATIVE COSTS.—An eligible entity 

17 may not use more than 5 percent of the funds it re18 ceives under this section for administrative expenses. 

19 (3) NONEXCLUSIVITY.—Nothing in this section 

20 shall be construed to limit or restrict the ability of 

21 proposed or existing sexual assault examination pro22 grams to apply for and obtain Federal funding from 

23 any other agency or department or any other Fed24 eral grant program. 
292

•S 22 IS 

1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Department of 

3 Justice, to remain available until expended, $30,000,000 

4 for each of fiscal years 2003 through 2007 to carry out 

5 this section. 

6 SEC. 4409. DNA EVIDENCE TRAINING GRANTS. 

7 (a) AUTHORIZATION OF GRANTS.—The Attorney 

8 General shall make grants to eligible entities to—

9 (1) train law enforcement personnel and all 

10 other first responders at crime scenes, including in11 vestigators, in the handling of sexual assault cases 

12 and the collection and use of DNA samples for use 

13 as forensic evidence; 

14 (2) train State and local prosecutors on the use 

15 of DNA samples for use as forensic evidence; and 

16 (3) train law enforcement personnel to recog17 nize, detect, report, and respond to drug-facilitated 

18 sexual assaults. 

19 (b) ELIGIBLE ENTITY.—For purposes of this section, 

20 the term ‘‘eligible entity’’ means—

21 (1) a State; 

22 (2) a unit of local government; 

23 (3) a college, university, or other institute of 

24 higher learning; and 

25 (4) an Indian tribe. 
293

•S 22 IS 

1 (c) APPLICATION.—To receive a grant under this sec2 tion, the chief executive officer of a State, unit of local 

3 government, or university, or the head of a tribal govern4 ment that desires a grant under this section shall submit 

5 to the Attorney General—

6 (1) an application in such form and containing 

7 such information as the Attorney General may re8 quire; 

9 (2) certification that the applicant is aware of, 

10 and utilizing, uniform protocols and standards 

11 issued by the Department of Justice on the collec12 tion and processing of DNA evidence at crime 

13 scenes; 

14 (3) certification that the applicant is aware of, 

15 and utilizing, the national sexual assault forensic ex16 amination training protocols developed under section 

17 1405(a) of the Victims of Trafficking and Violence 

18 Protection Act of 2000 (42 U.S.C. 3796gg note); 

19 and 

20 (4) if the applicant is a unit of local govern21 ment, certification that the applicant participates in 

22 a State laboratory system. 

23 (d) RESTRICTIONS ON USE OF FUNDS.—

24 (1) SUPPLEMENTAL FUNDS.—Funds made 

25 available under this section shall not be used to sup-
294

•S 22 IS 

1 plant State funds, but shall be used to increase the 

2 amount of funds that would, in the absence of Fed3 eral funds, be made available from State sources for 

4 the purposes of this section. 

5 (2) ADMINISTRATIVE COSTS.—An eligible entity 

6 may not use more than 5 percent of the funds it re7 ceives under this section for administrative expenses. 

8 (3) NONEXCLUSIVITY.—Nothing in this section 

9 shall be construed to limit or restrict the ability of 

10 an eligible entity to apply for and obtain Federal 

11 funding from any other agency or department or any 

12 other Federal grant program. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Department of 

15 Justice $10,000,000 for each of fiscal years 2003 through 

16 2007 to carry out this section. 

17 SEC. 4410. AUTHORIZING JOHN DOE DNA INDICTMENTS. 

18 (a) LIMITATIONS.—Section 3282 of title 18, United 

19 States Code, is amended—

20 (1) by striking ‘‘Except’’ and inserting the fol21 lowing: 

22 ‘‘(a) LIMITATION.—Except’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(b) DNA PROFILE INDICTMENT.—
295

•S 22 IS 

1 ‘‘(1) IN GENERAL.—In any indictment found 

2 for an offense under chapter 109A, if the identity of 

3 the accused is unknown, it shall be sufficient to de4 scribe the accused as an individual whose name is 

5 unknown, but who has a particular DNA profile. 

6 ‘‘(2) EXCEPTION.—Any indictment described in 

7 paragraph (1), which is found within 5 years after 

8 the offense under chapter 109A shall have been com9 mitted, shall not be subject to—

10 ‘‘(A) the limitations period described in 

11 subsection (a); and 

12 ‘‘(B) the provisions of chapter 208 until 

13 the individual is arrested or served with a sum14 mons in connection with the charges contained 

15 in the indictment. 

16 ‘‘(3) DEFINITION.—For purposes of this sub17 section, the term ‘DNA profile’ means a set of DNA 

18 identification characteristics.’’. 

19 (b) RULES OF CRIMINAL PROCEDURE.—Rule 7 of 

20 the Federal Rules of Criminal Procedure is amended in 

21 subdivision (c)(1) by adding at the end the following: ‘‘For 

22 purposes of an indictment referred to in section 3282 of 

23 title 18, United States Code, if the identity of the defend24 ant is unknown, it shall be sufficient to describe the de25 fendant, in the indictment, as an individual whose name 
296

•S 22 IS 

1 is unknown, but who has a particular DNA profile, as de2 fined in that section 3282.’’. 

3 SEC. 4411. INCREASED GRANTS FOR COMBINED DNA INDEX 

4 SYSTEM (CODIS). 

5 Section 210306 of the DNA Identification Act of 

6 1994 (42 U.S.C.14134) is amended—

7 (1) by striking ‘‘There’’ and inserting the fol8 lowing: 

9 ‘‘(a) IN GENERAL.—There’’; and 

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

11 ‘‘(b) INCREASED GRANTS FOR CODIS.—There is au12 thorized to be appropriated to the Federal Bureau of In13 vestigation to carry out upgrades to the Combined DNA 

14 Index System (CODIS) $9,700,000 for fiscal years 2003 

15 and 2004.’’. 

16 SEC. 4412. INCREASED GRANTS FOR FEDERAL CONVICTED 

17 OFFENDER PROGRAM (FCOP). 

18 Section 3 of the DNA Analysis Backlog Elimination 

19 Act of 2000 (42 U.S.C. 14135a) is amended by adding 

20 at the end the following: 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to the Federal Bureau 

23 of Investigation to carry out this section $500,000 for fis24 cal years 2003 and 2004.’’. 
297

•S 22 IS 

1 SEC. 4413. PRIVACY REQUIREMENTS FOR HANDLING DNA 

2 EVIDENCE AND DNA ANALYSES. 

3 (a) PRIVACY PROTECTION STANDARD.—Section 

4 10(a) of the DNA Analysis Backlog Elimination Act of 

5 2000 (42 U.S.C. 14135e(a)) is amended by inserting be6 fore the period at the end the following: ‘‘or in section 

7 3282(b) of title 18, United States Code’’. 

8 (b) LIMITATION ON ACCESS TO DNA INFORMA9 TION.—Section 10 of the DNA Analysis Backlog Elimi10 nation Act of 2000 (42 U.S.C. 14135e) is amended by 

11 adding at the end the following: 

12 ‘‘(d) LIMITATION ON ACCESS TO DNA INFORMA13 TION.—

14 ‘‘(1) IN GENERAL.—The Attorney General shall 

15 establish, by regulation, procedures to limit access 

16 to, or use of, stored DNA samples or DNA analyses. 

17 ‘‘(2) REGULATIONS.—The regulations estab18 lished under paragraph (1) shall establish conditions 

19 for using DNA information to—

20 ‘‘(A) limit the use and dissemination of 

21 such information, as provided under subpara22 graphs (A), (B), and (C) of section 

23 210304(b)(3) of the Violent Crime Control and 

24 Law Enforcement Act of 1994 (42 U.S.C. 

25 14132(b)(3)); 
298

•S 22 IS 

1 ‘‘(B) limit the redissemination of such in2 formation; 

3 ‘‘(C) ensure the accuracy, security, and 

4 confidentiality of such information; 

5 ‘‘(D) protect any privacy rights of individ6 uals who are the subject of such information; 

7 and 

8 ‘‘(E) provide for the timely removal and 

9 destruction of obsolete or inaccurate informa10 tion, or information required to be expunged.’’. 

11 (c) CRIMINAL PENALTY.—Section 10(c) of the DNA 

12 Analysis Backlog Elimination Act of 2000 (42 U.S.C. 

13 14135e) is amended—

14 (1) in paragraph (1), by striking ‘‘discloses a 

15 sample or result’’ and inserting ‘‘discloses or uses a 

16 DNA sample or DNA analysis’’; and 

17 (2) in paragraph (2), by inserting ‘‘per offense’’ 

18 after ‘‘$100,000’’. 

19 Subtitle E—Additional Improve20 ments to the Justice System 

21 SEC. 4501. PROVIDING REMEDIES FOR RETALIATION 

22 AGAINST WHISTLEBLOWERS MAKING CON23 GRESSIONAL DISCLOSURES. 

24 Section 7211 of title 5, United States Code, is 

25 amended—
299

•S 22 IS 

1 (1) by inserting ‘‘(a)’’ before ‘‘The right’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(b) Any employee aggrieved by the discrimination 

4 of an employer in violation of subsection (a) may bring 

5 an action at law or equity for de novo review in the appro6 priate district court of the United States, which shall have 

7 jurisdiction over an action under this subsection, without 

8 regard to the amount in controversy. 

9 ‘‘(c) Any employee prevailing in an action under this 

10 section shall be entitled to all relief necessary to make the 

11 employee whole, including—

12 ‘‘(1) reinstatement with the same seniority sta13 tus that the employee would have had but for the 

14 discrimination; 

15 ‘‘(2) the amount of back pay lost as a result of 

16 the discrimination, with interest; 

17 ‘‘(3) compensation for any special damages sus18 tained as a result of the discrimination, including 

19 litigation costs, expert witness fees, and reasonable 

20 attorney fees; and 

21 ‘‘(4) punitive damages, in appropriate cases. 

22 ‘‘(d) Upon the request of the complainant, any action 

23 under this section shall be tried by the court with a jury. 

24 ‘‘(e) The same legal burdens of proof in proceedings 

25 under this section shall apply as apply under sections
300

•S 22 IS 

1 1214(b)(4)(B) and 1221(c) in the case of any alleged pro2 hibited personal practice described in section 2302(b)(8). 

3 ‘‘(f) For purposes of this section, the term ‘employee’ 

4 means an individual (as defined by section 2105) and any 

5 individual or organization performing services under a 

6 contract with the Government (including as an employee 

7 of an organization).’’. 

8 SEC. 4502. ESTABLISHMENT OF PROTECTIVE FUNCTION 

9 PRIVILEGE. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) The physical safety of the Nation’s top 

12 elected officials is a public good of transcendent im13 portance. 

14 (2) By virtue of the critical importance of the 

15 Office of the President, the President and those in 

16 direct line of the Presidency are subject to unique 

17 and mortal jeopardy—jeopardy that in turn threat18 ens profound disruption to our system of representa19 tive government and to the security and future of 

20 the Nation. 

21 (3) The physical safety of visiting heads of for22 eign states and foreign governments is also a matter 

23 of paramount importance. The assassination of such 

24 a person while on American soil could have calami-
301

•S 22 IS 

1 tous consequences for our foreign relations and na2 tional security. 

3 (4) Given these grave concerns, Congress has 

4 provided for the Secret Service to protect the Presi5 dent and those in direct line of the Presidency, and 

6 has directed that these officials may not waive such 

7 protection. Congress has also provided for the Secret 

8 Service to protect visiting heads of foreign states 

9 and foreign governments. 

10 (5) The protective strategy of the Secret Serv11 ice depends critically on the ability of its personnel 

12 to maintain close and unremitting physical proximity 

13 to the protectee. 

14 (6) Secret Service personnel must remain at the 

15 side of the protectee on occasions of confidential 

16 conversations and, as a result, may overhear top se17 cret discussions, diplomatic exchanges, sensitive con18 versations, and matters of personal privacy.

19 (7) The necessary level of proximity can be 

20 maintained only in an atmosphere of complete trust 

21 and confidence between the protectee and his or her 

22 protectors. 

23 (8) If a protectee has reason to doubt the con24 fidentiality of actions or conversations taken in sight 

25 or hearing of Secret Service personnel, the protectee 
302

•S 22 IS 

1 may seek to push the protective envelope away or 

2 undermine it to the point at which it could no longer 

3 be fully effective. 

4 (9) The possibility that Secret Service personnel 

5 might be compelled to testify against their protectees 

6 could induce foreign nations to refuse Secret Service 

7 protection in future state visits, making it impossible 

8 for the Secret Service to fulfill its important statu9 tory mission of protecting the life and safety of for10 eign dignitaries. 

11 (10) A privilege protecting information acquired 

12 by Secret Service personnel while performing their 

13 protective function in physical proximity to a 

14 protectee will preserve the security of the protectee 

15 by lessening the incentive of the protectee to dis16 tance Secret Service personnel in situations in which 

17 there is some risk to the safety of the protectee. 

18 (11) Recognition of a protective function privi19 lege for the President and those in direct line of the 

20 Presidency, and for visiting heads of foreign states 

21 and foreign governments, will promote sufficiently 

22 important interests to outweigh the need for pro23 bative evidence. 

24 (12) Because Secret Service personnel retain 

25 law enforcement responsibility even while engaged in 
303

•S 22 IS 

1 their protective function, the privilege must be sub2 ject to a crime or treason exception. 

3 (b) PURPOSES.—The purposes of this Act are—

4 (1) to facilitate the relationship of trust and 

5 confidence between Secret Service personnel and cer6 tain protected officials that is essential to the ability 

7 of the Secret Service to protect these officials, and 

8 the Nation, from the risk of assassination; and 

9 (2) to ensure that Secret Service personnel are 

10 not precluded from testifying in a criminal investiga11 tion or prosecution about unlawful activity com12 mitted within their view or hearing. 

13 (c) ADMISSIBILITY OF INFORMATION ACQUIRED BY

14 SECRET SERVICE PERSONNEL WHILE PERFORMING

15 THEIR PROTECTIVE FUNCTION.—

16 (1) PROTECTIVE FUNCTION PRIVILEGE.—Chap17 ter 203 of title 18, United States Code, is amended 

18 by inserting after section 3056 the following: 

19 ‘‘§ 3056A. Testimony by Secret Service personnel; pro20 tective function privilege 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) PROTECTEE.—The term ‘protectee’ 

23 means— 

24 ‘‘(A) the President; 
304

•S 22 IS 

1 ‘‘(B) the Vice President (or other officer 

2 next in the order of succession to the Office of 

3 President); 

4 ‘‘(C) the President-elect; 

5 ‘‘(D) the Vice President-elect; and 

6 ‘‘(E) visiting heads of foreign states or for7 eign governments who, at the time and place 

8 concerned, are being provided protection by the 

9 United States Secret Service. 

10 ‘‘(2) SECRET SERVICE PERSONNEL.—The term 

11 ‘Secret Service personnel’ means any officer or agent 

12 of the United States Secret Service. 

13 ‘‘(b) GENERAL RULE OF PRIVILEGE.—Subject to 

14 subsection (c), testimony by Secret Service personnel or 

15 former Secret Service personnel regarding information af16 fecting a protectee that was acquired during the perform17 ance of a protective function in physical proximity to the 

18 protectee shall not be received in evidence or otherwise dis19 closed in any trial, hearing, or other proceeding in or be20 fore any court, grand jury, department, officer, agency, 

21 regulatory body, or other authority of the United States, 

22 a State, or a political subdivision thereof. 

23 ‘‘(c) EXCEPTIONS.—There is no privilege under this 

24 section—
305

•S 22 IS 

1 ‘‘(1) with respect to information that, at the 

2 time the information was acquired by Secret Service 

3 personnel, was sufficient to provide reasonable 

4 grounds to believe that a crime had been, was being, 

5 or would be committed; or 

6 ‘‘(2) if the privilege is waived by the protectee 

7 or the legal representative of a protectee or deceased 

8 protectee.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—The analysis for chapter 203 of title 18, 

11 United States Code, is amended by inserting after 

12 the item relating to section 3056 the following:

‘‘3056A. Testimony by Secret Service personnel; protective function privilege.’’.

13 (3) APPLICATION.—This section and the 

14 amendments made by this section shall apply to any 

15 proceeding commenced on or after the date of enact16 ment of this section. 

17 SEC. 4503. PROFESSIONAL STANDARDS FOR GOVERNMENT 

18 ATTORNEYS. 

19 (a) Section 530B of title 28, United States Code, is 

20 amended to read as follows: 

21 ‘‘SEC. 530B. PROFESSIONAL STANDARDS FOR GOVERNMENT 

22 ATTORNEYS. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) GOVERNMENT ATTORNEY.—The term 

25 ‘Government attorney’—
306

•S 22 IS 

1 ‘‘(A) means the Attorney General; the 

2 Deputy Attorney General; the Solicitor General; 

3 the Associate Attorney General; the head of, 

4 and any attorney employed in, any division, of5 fice, board, bureau, component, or agency of 

6 the Department of Justice; any United States 

7 Attorney; any Assistant United States Attorney; 

8 any Special Assistant to the Attorney General 

9 or Special Attorney appointed under section 

10 515; any Special Assistant United States Attor11 ney appointed under section 543 who is author12 ized to conduct criminal or civil law enforce13 ment investigations or proceedings on behalf of 

14 the United States; any other attorney employed 

15 by the Department of Justice who is authorized 

16 to conduct criminal or civil law enforcement 

17 proceedings on behalf of the United States; any 

18 independent counsel, or employee of such coun19 sel, appointed under chapter 40; and any out20 side special counsel, or employee of such coun21 sel, as may be duly appointed by the Attorney 

22 General; and 

23 ‘‘(B) does not include any attorney em24 ployed as an investigator or other law enforce25 ment agent by the Department of Justice who 
307

•S 22 IS 

1 is not authorized to represent the United States 

2 in criminal or civil law enforcement litigation or 

3 to supervise such proceedings. 

4 ‘‘(2) STATE.—The term ‘State’ includes a Ter5 ritory and the District of Columbia. 

6 ‘‘(b) CHOICE OF LAW.—Subject to any uniform na7 tional rule prescribed by the Supreme Court under chapter 

8 131, the standards of professional responsibility that 

9 apply to a Government attorney with respect to the attor10 ney’s work for the Government shall be—

11 ‘‘(1) for conduct in connection with a pro12 ceeding in or before a court, the standards of profes13 sional responsibility established by the rules and de14 cisions of that court; 

15 ‘‘(2) for conduct reasonably intended to lead to 

16 a proceeding in or before a court, the standards of 

17 professional responsibility established by the rules 

18 and decisions of the court in or before which the 

19 proceeding is intended to be brought; and 

20 ‘‘(3) for all other conduct, the standards of pro21 fessional responsibility established by the rules and 

22 decisions of the Federal district court for the judicial 

23 district in which the attorney principally performs 

24 his or her official duties. 
308

•S 22 IS 

1 ‘‘(c) LICENSURE.—A Government attorney (except 

2 foreign counsel employed in special cases)—

3 ‘‘(1) shall be duly licensed and authorized to 

4 practice as an attorney under the laws of a State; 

5 and 

6 ‘‘(2) shall not be required to be a member of 

7 the bar of any particular State. 

8 ‘‘(d) ADMISSIBILITY OF EVIDENCE.—No violation of 

9 any disciplinary, ethical, or professional conduct rule shall 

10 be construed to permit the exclusion of otherwise admis11 sible evidence in any Federal criminal proceeding.

12 ‘‘(e) RULEMAKING AUTHORITY.—The Attorney Gen13 eral shall make and amend rules of the Department of 

14 Justice to ensure compliance with this section.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.—

16 The analysis for chapter 31 of title 28, United States 

17 Code, is amended, in the item relating to section 530B, 

18 by striking ‘‘Ethical standards for attorneys for the Gov19 ernment’’ and inserting ‘‘Professional standards for Gov20 ernment attorneys’’. 

21 (c) REPORTS.—

22 (1) UNIFORM RULE.—In order to encourage the 

23 Supreme Court to prescribe, under chapter 131 of 

24 title 28, United States Code, a uniform national rule 

25 for Government attorneys with respect to commu-
309

•S 22 IS 

1 nications with represented persons and parties, not 

2 later than 1 year after the date of enactment of this 

3 Act, the Judicial Conference of the United States 

4 shall submit to the Chief Justice of the United 

5 States a report, which shall include recommenda6 tions with respect to amending the Federal Rules of 

7 Practice and Procedure to provide for such a uni8 form national rule. 

9 (2) ACTUAL OR POTENTIAL CONFLICTS.—Not 

10 later than 2 years after the date of enactment of 

11 this Act, the Judicial Conference of the United 

12 States shall submit to the Chairmen and Ranking 

13 Members of the Committees on the Judiciary of the 

14 House of Representatives and the Senate a report, 

15 which shall include—

16 (A) a review of any areas of actual or po17 tential conflict between specific Federal duties 

18 related to the investigation and prosecution of 

19 violations of Federal law and the regulation of 

20 Government attorneys (as that term is defined 

21 in section 530B of title 28, United States Code, 

22 as amended by this Act) by existing standards 

23 of professional responsibility; and 

24 (B) recommendations with respect to 

25 amending the Federal Rules of Practice and
310

•S 22 IS 

1 Procedure to provide for additional rules gov2 erning attorney conduct to address any areas 

3 of actual or potential conflict identified pursu4 ant to the review under subparagraph (A). 

5 (3) REPORT CONSIDERATIONS.—In carrying out 

6 paragraphs (1) and (2), the Judicial Conference of 

7 the United States shall take into consideration—

8 (A) the needs and circumstances of 

9 multiforum and multijurisdictional litigation; 

10 (B) the special needs and interests of the 

11 United States in investigating and prosecuting 

12 violations of Federal criminal and civil law; and 

13 (C) practices that are approved under Fed14 eral statutory or case law or that are otherwise 

15 consistent with traditional Federal law enforce16 ment techniques.

17 TITLE V—COMBATING DRUG 

18 AND GUN VIOLENCE 

19 Subtitle A—Drug Treatment, 

20 Prevention, and Testing 

21 PART 1—DRUG TREATMENT 

22 SEC. 5101. FUNDING FOR RURAL STATE AND ECONOMI23 CALLY DEPRESSED COMMUNITIES. 

24 (a) IN GENERAL.—The Director of the Center for 

25 Substance Abuse Treatment shall provide awards of 
311

•S 22 IS 

1 grants, cooperative agreement, or contracts to public and 

2 nonprofit private entities for the purpose of providing 

3 treatment facilities in rural States and economically de4 pressed communities that have high rates of drug addic5 tion but lack the resources to provide adequate treatment. 

6 (b) MINIMUM QUALIFICATIONS FOR RECEIPT OF

7 AWARD.—With respect to the principal agency of the 

8 State involved that administers programs relating to sub9 stance abuse, the Director may make an award under sub10 section (a) to an applicant only if the agency has certified 

11 to the Director that—

12 (1) the applicant has the capacity to carry out 

13 a program described in subsection (a); 

14 (2) the plans of the applicant for such a pro15 gram are consistent with the policies of such agency 

16 regarding the treatment of substance abuse; and 

17 (3) the applicant, or any entity through which 

18 the applicant will provide authorized services, meets 

19 all applicable State licensure or certification require20 ments regarding the provision of the services in21 volved. 

22 (c) REQUIREMENT OF MATCHING FUNDS.—

23 (1) IN GENERAL.—With respect to the costs of 

24 the program to be carried out by an applicant pursu25 ant to subsection (a), a funding agreement for an 
312

•S 22 IS 

1 award under such subsection is that the applicant 

2 will make available (directly or through donations 

3 from public or private entities) non-Federal con4 tributions toward such costs in an amount that—

5 (A) for the first fiscal year for which the 

6 applicant receives payments under an award 

7 under such subsection, is not less than $1 for 

8 each $9 of Federal funds provided in the 

9 award; 

10 (B) for any second such fiscal year, is not 

11 less than $1 for each $9 of Federal funds pro12 vided in the award; and 

13 (C) for any subsequent such fiscal year, is 

14 not less than $1 for each $3 of Federal funds 

15 provided in the award. 

16 (2) DETERMINATION OF AMOUNT CONTRIB17 UTED.—Non-Federal contributions required in para18 graph (1) may be in cash or in kind, fairly evalu19 ated, including plant, equipment, or services. 

20 Amounts provided by the Federal Government, or 

21 services assisted or subsidized to any significant ex22 tent by the Federal Government, may not be in23 cluded in determining the amount of such non-Fed24 eral contributions. 
313

•S 22 IS 

1 (d) REPORTS TO DIRECTOR.—A funding agreement 

2 for an award under subsection (a) is that the applicant 

3 involved will submit to the Director a report—

4 (1) describing the utilization and costs of serv5 ices provided under the award; 

6 (2) specifying the number of individuals served 

7 and the type and costs of services provided; and 

8 (3) providing such other information as the Di9 rector determines to be appropriate. 

10 (e) REQUIREMENT OF APPLICATION.—The Director 

11 may make an award under subsection (a) only if an appli12 cation for the award is submitted to the Director con13 taining such agreements, and the application is in such 

14 form, is made in such manner, and contains such other 

15 agreements and such assurances and information as the 

16 Director determines to be necessary to carry out this sec17 tion. 

18 (f) EQUITABLE ALLOCATION OF AWARDS.—In mak19 ing awards under subsection (a), the Director shall ensure 

20 that the awards are equitably allocated among the prin21 cipal geographic regions of the United States, subject to 

22 the availability of qualified applicants for the awards. 

23 (g) DURATION OF AWARD.—The period during which 

24 payments are made to an entity from an award under sub25 section (a) may not exceed 5 years. The provision of such 
314

•S 22 IS 

1 payments shall be subject to annual approval by the Direc2 tor of the payments and subject to the availability of ap3 propriations for the fiscal year involved to make the pay4 ments. This subsection may not be construed to establish 

5 a limitation on the number of awards under such sub6 section that may be made to an entity. 

7 (h) EVALUATIONS; DISSEMINATION OF FINDINGS.—

8 The Director shall, directly or through contract, provide 

9 for the conduct of evaluations of programs carried out 

10 pursuant to subsection (a). The Director shall disseminate 

11 to the States the findings made as a result of the evalua12 tions. 

13 (i) MINIMUM ALLOCATION.—Unless all eligible appli14 cations submitted by any State or unit of local government 

15 within such State for a grant under this section have been 

16 funded, such State, together with grantees within the 

17 State (other than Indian tribes), shall be allocated in each 

18 fiscal year under this section not less than 0.75 percent 

19 of the total amount appropriated in the fiscal year for 

20 grants pursuant to this section. 

21 (j) DEFINITION OF RURAL STATE.—In this section, 

22 the term ‘‘rural State’’ has the same meaning as in section 

23 1501(b) of the Omnibus Crime Control and Safe Streets 

24 Act of 1968 (42 U.S.C. 3796bb(B)).
315

•S 22 IS 

1 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $50,000,000 for each of the fiscal years 2003, 2004, 2005, 

4 and 2006. 

5 SEC. 5102. FUNDING FOR RESIDENTIAL TREATMENT CEN6 TERS FOR WOMEN AND CHILDREN. 

7 (a) IN GENERAL.—The Director of the Center for 

8 Substance Abuse Treatment shall provide awards of 

9 grants, cooperative agreement, or contracts to public and 

10 nonprofit private entities for the purpose of providing 

11 treatment facilities that—

12 (1) provide residential treatment for meth13 amphetamine, heroin, and other drug addicted 

14 women with minor children; and 

15 (2) offer specialized treatment for methamphet16 amine-, heroin-, and other drug-addicted mothers 

17 and allow the minor children of those mothers to re18 side with them in the facility or nearby while treat19 ment is ongoing. 

20 (b) MINIMUM QUALIFICATIONS FOR RECEIPT OF

21 AWARD.—With respect to the principal agency of the

22 State involved that administers programs relating to sub23 stance abuse, the Director may make an award under sub24 section (a) to an applicant only if the agency has certified 

25 to the Director that—
316

•S 22 IS 

1 (1) the applicant has the capacity to carry out 

2 a program described in subsection (a); 

3 (2) the plans of the applicant for such a pro4 gram are consistent with the policies of such agency 

5 regarding the treatment of substance abuse; and 

6 (3) the applicant, or any entity through which 

7 the applicant will provide authorized services, meets 

8 all applicable State licensure or certification require9 ments regarding the provision of the services in10 volved. 

11 (c) REQUIREMENT OF MATCHING FUNDS.—

12 (1) IN GENERAL.—With respect to the costs of 

13 the program to be carried out by an applicant pursu14 ant to subsection (a), a funding agreement for an 

15 award under such subsection is that the applicant 

16 will make available (directly or through donations 

17 from public or private entities) non-Federal con18 tributions toward such costs in an amount that—

19 (A) for the first fiscal year for which the 

20 applicant receives payments under an award 

21 under such subsection, is not less than $1 for 

22 each $9 of Federal funds provided in the 

23 award; 
317

•S 22 IS 

1 (B) for any second such fiscal year, is not 

2 less than $1 for each $9 of Federal funds pro3 vided in the award; and 

4 (C) for any subsequent such fiscal year, is 

5 not less than $1 for each $3 of Federal funds 

6 provided in the award. 

7 (2) DETERMINATION OF AMOUNT CONTRIB8 UTED.—Non-Federal contributions required in para9 graph (1) may be in cash or in kind, fairly evalu10 ated, including plant, equipment, or services. 

11 Amounts provided by the Federal Government, or 

12 services assisted or subsidized to any significant ex13 tent by the Federal Government, may not be in14 cluded in determining the amount of such non-Fed15 eral contributions. 

16 (d) REPORTS TO DIRECTOR.—A funding agreement 

17 for an award under subsection (a) is that the applicant 

18 involved will submit to the Director a report—

19 (1) describing the utilization and costs of serv20 ices provided under the award; 

21 (2) specifying the number of individuals served 

22 and the type and costs of services provided; and 

23 (3) providing such other information as the Di24 rector determines to be appropriate. 
318

•S 22 IS 

1 (e) REQUIREMENT OF APPLICATION.—The Director 

2 may make an award under subsection (a) only if an appli3 cation for the award is submitted to the Director con4 taining such agreements, and the application is in such 

5 form, is made in such manner, and contains such other 

6 agreements and such assurances and information as the 

7 Director determines to be necessary to carry out this sec8 tion. 

9 (f) PRIORITY.—In making grants under this sub10 section, the Director shall give priority to areas experi11 encing a high rate or rapid increase in drug abuse and 

12 addiction. 

13 (g) EQUITABLE ALLOCATION OF AWARDS.—In mak14 ing awards under subsection (a), the Director shall ensure 

15 that the awards are equitably allocated among the prin16 cipal geographic regions of the United States, subject to 

17 the availability of qualified applicants for the awards. 

18 (h) DURATION OF AWARD.—The period during which 

19 payments are made to an entity from an award under sub20 section (a) may not exceed 5 years. The provision of such 

21 payments shall be subject to annual approval by the Direc22 tor of the payments and subject to the availability of ap23 propriations for the fiscal year involved to make the pay24 ments. This subsection may not be construed to establish 
319

•S 22 IS 

1 a limitation on the number of awards under such sub2 section that may be made to an entity. 

3 (i) EVALUATIONS; DISSEMINATION OF FINDINGS.—

4 The Director shall, directly or through contract, provide 

5 for the conduct of evaluations of programs carried out 

6 pursuant to subsection (a). The Director shall disseminate 

7 to the States the findings made as a result of the evalua8 tions. 

9 (j) MINIMUM ALLOCATION.—Unless all eligible appli10 cations submitted by any State or unit of local government 

11 within such State for a grant under this section have been 

12 funded, such State, together with grantees within the 

13 State (other than Indian tribes), shall be allocated in each 

14 fiscal year under this section not less than 0.75 percent 

15 of the total amount appropriated in the fiscal year for 

16 grants pursuant to this section. 

17 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 $10,000,000 for each of the fiscal years 2003, 2004, 2005, 

20 and 2006. 

21 SEC. 5103. DRUG TREATMENT ALTERNATIVE TO PRISON 

22 PROGRAMS ADMINISTERED BY STATE OR 

23 LOCAL PROSECUTORS. 

24 (a) PROSECUTION DRUG TREATMENT ALTERNATIVE

25 TO PRISON PROGRAMS.—Title I of the Omnibus Crime
320

•S 22 IS 

1 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

2 et seq.) is amended by adding at the end the following 

3 new part: 

4 ‘‘PART CC—PROSECUTION DRUG TREATMENT 

5 ALTERNATIVE TO PRISON PROGRAMS 

6 ‘‘SEC. 2901. PROGRAM AUTHORIZED. 

7 ‘‘(a) IN GENERAL.—The Attorney General may make 

8 grants to State or local prosecutors for the purpose of de9 veloping, implementing, or expanding drug treatment al10 ternative to prison programs that comply with the require11 ments of this part. 

12 ‘‘(b) USE OF FUNDS.—A State or local prosecutor 

13 who receives a grant under this part shall use amounts 

14 provided under the grant to develop, implement, or expand 

15 the drug treatment alternative to prison program for 

16 which the grant was made, which may include payment 

17 of the following expenses: 

18 ‘‘(1) Salaries, personnel costs, equipment costs, 

19 and other costs directly related to the operation of 

20 the program, including the enforcement unit. 

21 ‘‘(2) Payments to licensed substance abuse 

22 treatment providers for providing treatment to of23 fenders participating in the program for which the 

24 grant was made, including aftercare supervision, vo25 cational training, education, and job placement. 
321

•S 22 IS 

1 ‘‘(3) Payments to public and nonprofit private 

2 entities for providing treatment to offenders partici3 pating in the program for which the grant was 

4 made. 

5 ‘‘(c) FEDERAL SHARE.—The Federal share of a 

6 grant under this part shall not exceed 75 percent of the 

7 cost of the program. 

8 ‘‘(d) SUPPLEMENT AND NOT SUPPLANT.—Grant 

9 amounts received under this part shall be used to supple10 ment, and not supplant, non-Federal funds that would 

11 otherwise be available for activities funded under this part. 

12 ‘‘SEC. 2902. PROGRAM REQUIREMENTS. 

13 ‘‘A drug treatment alternative to prison program with 

14 respect to which a grant is made under this part shall 

15 comply with the following requirements: 

16 ‘‘(1) A State or local prosecutor shall admin17 ister the program. 

18 ‘‘(2) An eligible offender may participate in the 

19 program only with the consent of the State or local 

20 prosecutor. 

21 ‘‘(3) Each eligible offender who participates in 

22 the program shall, as an alternative to incarceration, 

23 be sentenced to or placed with a long term, drug 

24 free residential substance abuse treatment provider 

25 that is licensed under State or local law. 
322

•S 22 IS 

1 ‘‘(4) Each eligible offender who participates in 

2 the program shall serve a sentence of imprisonment 

3 with respect to the underlying crime if that offender 

4 does not successfully complete treatment with the 

5 residential substance abuse provider. 

6 ‘‘(5) Each residential substance abuse provider 

7 treating an offender under the program shall—

8 ‘‘(A) make periodic reports of the progress 

9 of treatment of that offender to the State or 

10 local prosecutor carrying out the program and 

11 to the appropriate court in which the defendant 

12 was convicted; and 

13 ‘‘(B) notify that prosecutor and that court 

14 if that offender absconds from the facility of 

15 the treatment provider or otherwise violates the 

16 terms and conditions of the program. 

17 ‘‘(6) The program shall have an enforcement 

18 unit comprised of law enforcement officers under the 

19 supervision of the State or local prosecutor carrying 

20 out the program, the duties of which shall include 

21 verifying an offender’s addresses and other contacts, 

22 and, if necessary, locating, apprehending, and ar23 resting an offender who has absconded from the fa24 cility of a residential substance abuse treatment pro25 vider or otherwise violated the terms and conditions
323

•S 22 IS 

1 of the program, and returning such offender to court 

2 for sentence on the underlying crime. 

3 ‘‘SEC. 2903. APPLICATIONS. 

4 ‘‘(a) IN GENERAL.—To request a grant under this 

5 part, a State or local prosecutor shall submit an applica6 tion to the Attorney General in such form and containing 

7 such information as the Attorney General may reasonably 

8 require. 

9 ‘‘(b) CERTIFICATIONS.—Each such application shall 

10 contain the certification of the State or local prosecutor 

11 that the program for which the grant is requested shall 

12 meet each of the requirements of this part. 

13 ‘‘SEC. 2904. GEOGRAPHIC DISTRIBUTION. 

14 ‘‘The Attorney General shall ensure that, to the ex15 tent practicable, the distribution of grant awards is equi16 table and includes State or local prosecutors—

17 ‘‘(1) in each State; and 

18 ‘‘(2) in rural, suburban, and urban jurisdic19 tions. 

20 ‘‘SEC. 2905. REPORTS AND EVALUATIONS. 

21 ‘‘For each fiscal year, each recipient of a grant under 

22 this part during that fiscal year shall submit to the Attor23 ney General a report regarding the effectiveness of activi24 ties carried out using that grant. Each report shall include 

25 an evaluation in such form and containing such informa-
324

•S 22 IS 

1 tion as the Attorney General may reasonably require. The 

2 Attorney General shall specify the dates on which such 

3 reports shall be submitted. 

4 ‘‘SEC. 2906. DEFINITIONS. 

5 ‘‘In this part: 

6 ‘‘(1) ELIGIBLE OFFENDER.—The term ‘eligible 

7 offender’ means an individual who—

8 ‘‘(A) has been convicted of, or pled guilty 

9 to, or admitted guilt with respect to a crime for 

10 which a sentence of imprisonment is required 

11 and has not completed such sentence; 

12 ‘‘(B) has never been convicted of, or pled 

13 guilty to, or admitted guilt with respect to, and 

14 is not presently charged with, a felony crime of 

15 violence or a major drug offense or a crime that 

16 is considered a violent felony under State or 

17 local law; and 

18 ‘‘(C) has been found by a professional sub19 stance abuse screener to be in need of sub20 stance abuse treatment because that offender 

21 has a history of substance abuse that is a sig22 nificant contributing factor to that offender’s 

23 criminal conduct. 

24 ‘‘(2) FELONY CRIME OF VIOLENCE.—The term 

25 ‘felony crime of violence’ has the meaning given such
325

•S 22 IS 

1 term in section 924(c)(3) of title 18, United States 

2 Code. 

3 ‘‘(3) MAJOR DRUG OFFENSE.—The term ‘major 

4 drug offense’ has the meaning given such term in 

5 section 36(a) of title 18, United States Code. 

6 ‘‘(4) STATE OR LOCAL PROSECUTOR.—The 

7 term ‘State or local prosecutor’ means any district 

8 attorney, State attorney general, county attorney, or 

9 corporation counsel who has authority to prosecute 

10 criminal offenses under State or local law.’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 1001(a) of title I of the Omnibus Crime Control and Safe 

13 Street Act of 1968 (42 U.S.C. 3793(a)) is amended by 

14 adding at the end the following new paragraph: 

15 ‘‘(24) There are authorized to be appropriated 

16 to carry out part CC—

17 ‘‘(A) $75,000,000 for fiscal years 2003 

18 and 2004; 

19 ‘‘(B) $85,000,000 for fiscal year 2005; 

20 ‘‘(C) $95,000,000 for fiscal year 2006; 

21 ‘‘(D) $105,000,000 for fiscal year 2007; 

22 and 

23 ‘‘(E) $125,000,000 for fiscal year 2008.’’. 
326

•S 22 IS 

1 SEC. 5104. SUBSTANCE ABUSE TREATMENT IN FEDERAL 

2 PRISONS REAUTHORIZATION. 

3 Section 3621(e)(4) of title 18, United States Code, 

4 is amended by striking subparagraph (E) and inserting 

5 the following: 

6 ‘‘(E) $31,000,000 for fiscal year 2003; and 

7 ‘‘(F) $38,000,000 for fiscal year 2004.’’. 

8 SEC. 5105. DRUG TREATMENT FOR JUVENILES. 

9 Title V of the Public Health Service Act (42 U.S.C. 

10 290aa et seq.) is amended by adding at the end the fol11 lowing:

12 ‘‘PART G—RESIDENTIAL TREATMENT PROGRAMS 

13 FOR JUVENILES 

14 ‘‘SEC. 575. RESIDENTIAL TREATMENT PROGRAMS FOR JU15 VENILES. 

16 ‘‘(a) IN GENERAL.—The Director of the Center for 

17 Substance Abuse Treatment shall award grants to, or 

18 enter into cooperative agreements or contracts, with public 

19 and nonprofit private entities for the purpose of providing 

20 treatment to juveniles for substance abuse through pro21 grams in which, during the course of receiving such treat22 ment the juveniles reside in facilities made available by 

23 the programs. 

24 ‘‘(b) AVAILABILITY OF SERVICES FOR EACH PARTIC25 IPANT.—A funding agreement for an award under sub-
327

•S 22 IS 

1 section (a) for an applicant is that, in the program oper2 ated pursuant to such subsection—

3 ‘‘(1) treatment services will be available 

4 through the applicant, either directly or through 

5 agreements with other public or nonprofit private 

6 entities; and 

7 ‘‘(2) the services will be made available to each 

8 person admitted to the program. 

9 ‘‘(c) INDIVIDUALIZED PLAN OF SERVICES.—A fund10 ing agreement for an award under subsection (a) for an 

11 applicant is that—

12 ‘‘(1) in providing authorized services for an eli13 gible person pursuant to such subsection, the appli14 cant will, in consultation with the juvenile and, if ap15 propriate the parent or guardian of the juvenile, pre16 pare an individualized plan for the provision to the 

17 juvenile or young adult of the services; and 

18 ‘‘(2) treatment services under the plan will in19 clude—

20 ‘‘(A) individual, group, and family coun21 seling, as appropriate, regarding substance 

22 abuse; and 

23 ‘‘(B) followup services to assist the juvenile 

24 or young adult in preventing a relapse into such 

25 abuse. 
328

•S 22 IS 

1 ‘‘(d) ELIGIBLE SUPPLEMENTAL SERVICES.—Grants 

2 under subsection (a) may be used to provide an eligible 

3 juvenile, the following services: 

4 ‘‘(1) HOSPITAL REFERRALS.—Referrals for nec5 essary hospital services. 

6 ‘‘(2) HIV AND AIDS COUNSELING.—Counseling 

7 on the human immunodeficiency virus and on ac8 quired immune deficiency syndrome. 

9 ‘‘(3) DOMESTIC VIOLENCE AND SEXUAL ABUSE

10 COUNSELING.—Counseling on domestic violence and 

11 sexual abuse. 

12 ‘‘(4) PREPARATION FOR REENTRY INTO SOCI13 ETY.—Planning for and counseling to assist reentry 

14 into society, both before and after discharge, includ15 ing referrals to any public or nonprofit private enti16 ties in the community involved that provide services 

17 appropriate for the juvenile. 

18 ‘‘(e) MINIMUM QUALIFICATIONS FOR RECEIPT OF

19 AWARD.—

20 ‘‘(1) CERTIFICATION BY RELEVANT STATE

21 AGENCY.—With respect to the principal agency of a 

22 State or Indian tribe that administers programs re23 lating to substance abuse, the Director may award 

24 a grant to, or enter into a cooperative agreement or 
329

•S 22 IS 

1 contract with, an applicant only if the agency or In2 dian tribe has certified to the Director that—

3 ‘‘(A) the applicant has the capacity to 

4 carry out a program described in subsection (a); 

5 ‘‘(B) the plans of the applicant for such a 

6 program are consistent with the policies of such 

7 agency regarding the treatment of substance 

8 abuse; and 

9 ‘‘(C) the applicant, or any entity through 

10 which the applicant will provide authorized 

11 services, meets all applicable State licensure or 

12 certification requirements regarding the provi13 sion of the services involved. 

14 ‘‘(2) STATUS AS MEDICAID PROVIDER.—

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graphs (B) and (C), the Director may make a 

17 grant, or enter into a cooperative agreement or 

18 contract, under subsection (a) only if, in the 

19 case of any authorized service that is available 

20 pursuant to the State plan approved under title 

21 XIX of the Social Security Act (42 U.S.C. 1396 

22 et seq.) for the State involved—

23 ‘‘(i) the applicant for the grant, coop24 erative agreement, or contract will provide 

25 the service directly, and the applicant has 
330

•S 22 IS 

1 entered into a participation agreement 

2 under the State plan and is qualified to re3 ceive payments under such plan; or 

4 ‘‘(ii) the applicant will enter into an 

5 agreement with a public or nonprofit pri6 vate entity under which the entity will pro7 vide the service, and the entity has entered 

8 into such a participation agreement plan 

9 and is qualified to receive such payments. 

10 ‘‘(B) SERVICES.—

11 ‘‘(i) IN GENERAL.—In the case of an 

12 entity making an agreement pursuant to 

13 subparagraph (A)(ii) regarding the provi14 sion of services, the requirement estab15 lished in such subparagraph regarding a 

16 participation agreement shall be waived by 

17 the Director if the entity does not, in pro18 viding health care services, impose a 

19 charge or accept reimbursement available 

20 from any third party payor, including re21 imbursement under any insurance policy or 

22 under any Federal or State health benefits 

23 plan. 

24 ‘‘(ii) VOLUNTARY DONATIONS.—A de25 termination by the Director of whether an
331

•S 22 IS 

1 entity referred to in clause (i) meets the 

2 criteria for a waiver under such clause 

3 shall be made without regard to whether 

4 the entity accepts voluntary donations re5 garding the provision of services to the 

6 public. 

7 ‘‘(C) MENTAL DISEASES.—

8 ‘‘(i) IN GENERAL.—With respect to 

9 any authorized service that is available 

10 pursuant to the State plan described in 

11 subparagraph (A), the requirements estab12 lished in such subparagraph shall not 

13 apply to the provision of any such service 

14 by an institution for mental diseases to an 

15 individual who has attained 21 years of 

16 age and who has not attained 65 years of 

17 age. 

18 ‘‘(ii) DEFINITION OF INSTITUTION

19 FOR MENTAL DISEASES.—In this subpara20 graph, the term ‘institution for mental dis21 eases’ has the same meaning as in section 

22 1905(i) of the Social Security Act (42 

23 U.S.C. 1396d(i)). 

24 ‘‘(f) REQUIREMENTS FOR MATCHING FUNDS.—
332

•S 22 IS 

1 ‘‘(1) IN GENERAL.—With respect to the costs of 

2 the program to be carried out by an applicant pursu3 ant to subsection (a), a funding agreement for an 

4 award under such subsection is that the applicant 

5 will make available (directly or through donations 

6 from public or private entities) non-Federal con7 tributions toward such costs in an amount that—

8 ‘‘(A) for the first fiscal year for which the 

9 applicant receives payments under an award 

10 under such subsection, is not less than $1 for 

11 each $9 of Federal funds provided in the 

12 award; 

13 ‘‘(B) for any second such fiscal year, is not 

14 less than $1 for each $9 of Federal funds pro15 vided in the award; and 

16 ‘‘(C) for any subsequent such fiscal year, is 

17 not less than $1 for each $3 of Federal funds 

18 provided in the award. 

19 ‘‘(2) DETERMINATION OF AMOUNT CONTRIB20 UTED.—Non-Federal contributions required in para21 graph (1) may be in cash or in kind, fairly evalu22 ated, including plant, equipment, or services. 

23 Amounts provided by the Federal Government, or 

24 services assisted or subsidized to any significant ex25 tent by the Federal Government, may not be in-
333

•S 22 IS 

1 cluded in determining the amount of such non-Fed2 eral contributions. 

3 ‘‘(g) OUTREACH.—A funding agreement for an award 

4 under subsection (a) for an applicant is that the applicant 

5 will provide outreach services in the community involved 

6 to identify juveniles who are engaging in substance abuse 

7 and to encourage the juveniles to undergo treatment for 

8 such abuse. 

9 ‘‘(h) ACCESSIBILITY OF PROGRAM.—A funding 

10 agreement for an award under subsection (a) for an appli11 cant is that the program operated pursuant to such sub12 section will be operated at a location that is accessible to 

13 low income juveniles. 

14 ‘‘(i) CONTINUING EDUCATION.—A funding agree15 ment for an award under subsection (a) is that the appli16 cant involved will provide for continuing education in 

17 treatment services for the individuals who will provide 

18 treatment in the program to be operated by the applicant 

19 pursuant to such subsection. 

20 ‘‘(j) IMPOSITION OF CHARGES.—A funding agree21 ment for an award under subsection (a) for an applicant 

22 is that, if a charge is imposed for the provision of author23 ized services to or on behalf of an eligible juvenile, such 

24 charge—
334

•S 22 IS 

1 ‘‘(1) will be made according to a schedule of 

2 charges that is made available to the public; 

3 ‘‘(2) will be adjusted to reflect the economic 

4 condition of the juvenile involved; and 

5 ‘‘(3) will not be imposed on any such juvenile 

6 whose family has an income of less than 185 percent 

7 of the official poverty line, as established by the Di8 rector of the Office for Management and Budget 

9 and revised by the Secretary in accordance with sec10 tion 673(2) of the Omnibus Budget Reconciliation 

11 Act of 1981 (42 U.S.C. 9902(2)).

12 ‘‘(k) REPORTS TO DIRECTOR.—A funding agreement 

13 for an award under subsection (a) is that the applicant 

14 involved will submit to the Director a report—

15 ‘‘(1) describing the utilization and costs of serv16 ices provided under the award; 

17 ‘‘(2) specifying the number of juveniles served, 

18 and the type and costs of services provided; and 

19 ‘‘(3) providing such other information as the 

20 Director determines to be appropriate. 

21 ‘‘(l) REQUIREMENT OF APPLICATION.—The Director 

22 may make an award under subsection (a) only if an appli23 cation for the award is submitted to the Director con24 taining such agreements, and the application is in such 

25 form, is made in such manner, and contains such other 
335

•S 22 IS 

1 agreements and such assurances and information as the 

2 Director determines to be necessary to carry out this sec3 tion. 

4 ‘‘(m) EQUITABLE ALLOCATION OF AWARDS.—In 

5 making awards under subsection (a), the Director shall 

6 ensure that the awards are equitably allocated among the 

7 principal geographic regions of the United States, as well 

8 as among Indian tribes, subject to the availability of quali9 fied applicants for the awards. 

10 ‘‘(n) DURATION OF AWARD.—

11 ‘‘(1) IN GENERAL.—The period during which 

12 payments are made to an entity from an award 

13 under this section may not exceed 5 years. 

14 ‘‘(2) APPROVAL OF DIRECTOR.—The provision 

15 of payments described in paragraph (1) shall be sub16 ject to—

17 ‘‘(A) annual approval by the Director of 

18 the payments; and 

19 ‘‘(B) the availability of appropriations for 

20 the fiscal year at issue to make the payments. 

21 ‘‘(3) NO LIMITATION.—This subsection may not 

22 be construed to establish a limitation on the number 

23 of awards that may be made to an entity under this 

24 section.
336

•S 22 IS 

1 ‘‘(o) EVALUATIONS; DISSEMINATION OF FINDINGS.—

2 The Director shall, directly or through contract, provide 

3 for the conduct of evaluations of programs carried out 

4 pursuant to subsection (a). The Director shall disseminate 

5 to the States the findings made as a result of the evalua6 tions. 

7 ‘‘(p) REPORTS TO CONGRESS.—

8 ‘‘(1) INITIAL REPORT.—Not later than October 

9 1, 2004, the Director shall submit to the Committee 

10 on the Judiciary of the House of Representatives, 

11 and to the Committee on the Judiciary of the Sen12 ate, a report describing programs carried out pursu13 ant to this section. 

14 ‘‘(2) PERIODIC REPORTS.—

15 ‘‘(A) IN GENERAL.—Not less than bienni16 ally after the date described in paragraph (1), 

17 the Director shall prepare a report describing 

18 programs carried out pursuant to this section 

19 during the preceding 2-year period, and shall 

20 submit the report to the Administrator for in21 clusion in the biennial report under section 

22 501(k).

23 ‘‘(B) SUMMARY.—Each report under this 

24 subsection shall include a summary of any eval25 uations conducted under subsection (m) during 
337

•S 22 IS 

1 the period with respect to which the report is 

2 prepared. 

3 ‘‘(q) DEFINITIONS.—In this section: 

4 ‘‘(1) AUTHORIZED SERVICES.—The term ‘au5 thorized services’ means treatment services and sup6 plemental services. 

7 ‘‘(2) JUVENILE.—The term ‘juvenile’ means 

8 anyone 18 years of age or younger at the time that 

9 of admission to a program operated pursuant to sub10 section (a). 

11 ‘‘(3) ELIGIBLE JUVENILE.—The term ‘eligible 

12 juvenile’ means a juvenile who has been admitted to 

13 a program operated pursuant to subsection (a). 

14 ‘‘(4) FUNDING AGREEMENT UNDER SUB15 SECTION (A).—The term ‘funding agreement under 

16 subsection (a)’, with respect to an award under sub17 section (a), means that the Director may make the 

18 award only if the applicant makes the agreement in19 volved. 

20 ‘‘(5) TREATMENT SERVICES.—The term ‘treat21 ment services’ means treatment for substance abuse, 

22 including the counseling and services described in 

23 subsection (c)(2). 
338

•S 22 IS 

1 ‘‘(6) SUPPLEMENTAL SERVICES.—The term 

2 ‘supplemental services’ means the services described 

3 in subsection (d). 

4 ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—

5 ‘‘(1) IN GENERAL.—For the purpose of car6 rying out this section and section 576 there is au7 thorized to be appropriated such sums as may be 

8 necessary for fiscal years 2003, 2004, and 2005. 

9 There is authorized to be appropriated from the Vio10 lent Crime Reduction Trust Fund $300,000,000 in 

11 each of fiscal years 2006 and 2007.

12 ‘‘(2) TRANSFER.—For the purpose described in 

13 paragraph (1), in addition to the amounts author14 ized in such paragraph to be appropriated for a fis15 cal year, there is authorized to be appropriated for 

16 the fiscal year from the special forfeiture fund of the 

17 Director of the Office of National Drug Control Pol18 icy such sums as may be necessary. 

19 ‘‘(3) RULE OF CONSTRUCTION.—The amounts 

20 authorized in this subsection to be appropriated are 

21 in addition to any other amounts that are authorized 

22 to be appropriated and are available for the purpose 

23 described in paragraph (1). 
339

•S 22 IS 

1 ‘‘SEC. 576. OUTPATIENT TREATMENT PROGRAMS FOR JUVE2 NILES. 

3 ‘‘(a) GRANTS.—The Secretary of Health and Human 

4 Services, acting through the Director of the Center for 

5 Substance Abuse Treatment, shall make grants to estab6 lish projects for the outpatient treatment of substance 

7 abuse among juveniles. 

8 ‘‘(b) PREVENTION.—Entities receiving grants under 

9 this section shall engage in activities to prevent substance 

10 abuse among juveniles. 

11 ‘‘(c) EVALUATION.—The Secretary of Health and 

12 Human Services shall evaluate projects carried out under 

13 subsection (a) and shall disseminate to appropriate public 

14 and private entities information on effective projects.’’. 

15 PART 2—FUNDING FOR DRUG-FREE COMMUNITY 

16 PROGRAMS 

17 SEC. 5111. EXTENSION OF SAFE AND DRUG-FREE SCHOOLS 

18 AND COMMUNITIES PROGRAM. 

19 Title IV of the Elementary and Secondary Education 

20 Act (20 U.S.C. 7104) is amended to read as follows: 

21 ‘‘TITLE IV—AUTHORIZATIONS 

22 ‘‘SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There is authorized to be appropriated for State 

24 grants under subpart 1 and national programs under sub25 part 2, $655,000,000 for fiscal years 2003, 2004, and 

26 2005, and $955,000,000 for fiscal years 2006 and 2007, 
340

•S 22 IS 

1 of which the following amounts may be appropriated from 

2 the Violent Crime Reduction Trust Fund: 

3 ‘‘(1) $300,000,000 for fiscal year 2006; and 

4 ‘‘(2) $300,000,000 for fiscal year 2007.’’. 

5 SEC. 5112. SAY NO TO DRUGS COMMUNITY CENTERS. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Say No to Drugs Community Centers Act of 2003’’. 

8 (b) DEFINITIONS.—In this section—

9 (1) COMMUNITY-BASED ORGANIZATION.—The 

10 term ‘‘community-based organization’’ means a pri11 vate, locally initiated organization that—

12 (A) is a nonprofit organization, as that 

13 term is defined in section 103(23) of the Juve14 nile Justice and Delinquency Prevention Act of 

15 1974 (42 U.S.C. 5603(23)); and

16 (B) involves the participation, as appro17 priate, of members of the community and com18 munity institutions, including—

19 (i) business and civic leaders actively 

20 involved in providing employment and busi21 ness development opportunities in the com22 munity; 

23 (ii) educators; 

24 (iii) religious organizations (which 

25 shall not provide any sectarian instruction 
341

•S 22 IS 

1 or sectarian worship in connection with 

2 program activities funded under this sec3 tion); 

4 (iv) law enforcement agencies; and 

5 (v) other interested parties. 

6 (2) ELIGIBLE COMMUNITY.—The term ‘‘eligible 

7 community’’ means a community—

8 (A) identified by an eligible recipient for 

9 assistance under this section; and 

10 (B) an area that meets such criteria as the 

11 Attorney General may, by regulation, establish, 

12 including criteria relating to poverty, juvenile 

13 delinquency, and crime. 

14 (3) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

15 recipient’’ means a community-based organization or 

16 public school that has—

17 (A) been approved for eligibility by the At18 torney General, upon application submitted to 

19 the Attorney General in accordance with sub20 section (e); and 

21 (B) demonstrated that the projects and ac22 tivities it seeks to support in an eligible commu23 nity involve the participation, when feasible and 

24 appropriate, of—
342

•S 22 IS 

1 (i) parents, family members, and 

2 other members of the eligible community; 

3 (ii) civic and religious organizations 

4 serving the eligible community; 

5 (iii) school officials and teachers em6 ployed at schools located in the eligible 

7 community; 

8 (iv) public housing resident organiza9 tions in the eligible community; and 

10 (v) public and private nonprofit orga11 nizations and organizations serving youth 

12 that provide education, child protective 

13 services, or other human services to low in14 come, at-risk youth and their families. 

15 (4) POVERTY LINE.—The term ‘‘poverty line’’ 

16 means the income official poverty line (as defined by 

17 the Office of Management and Budget, and revised 

18 annually in accordance with section 673(2) of the 

19 Community Services Block Grant Act (42 U.S.C. 

20 9902(2)) applicable to a family of the size involved. 

21 (5) PUBLIC SCHOOL.—The term ‘‘public 

22 school’’ means a public elementary school, as defined 

23 in section 1201(i) of the Higher Education Act of 

24 1965 (20 U.S.C. 1141(i)), and a public secondary 
343

•S 22 IS 

1 school, as defined in section 1201(d) of that Act (42 

2 U.S.C. 1141(d)). 

3 (c) GRANT REQUIREMENTS.—The Attorney General 

4 may make grants to eligible recipients, which grants may 

5 be used to provide to youth living in eligible communities 

6 during after school hours or summer vacations, the fol7 lowing services: 

8 (1) Rigorous drug prevention education. 

9 (2) Drug counseling and treatment. 

10 (3) Academic tutoring and mentoring. 

11 (4) Activities promoting interaction between 

12 youth and law enforcement officials. 

13 (5) Vaccinations and other basic preventive 

14 health care. 

15 (6) Sexual abstinence education. 

16 (7) Other activities and instruction to reduce 

17 youth violence and substance abuse. 

18 (d) LOCATION AND USE OF AMOUNTS.—An eligible 

19 recipient that receives a grant under this section—

20 (1) shall ensure that the stated program is car21 ried out—

22 (A) when appropriate, in the facilities of a 

23 public school during nonschool hours; or 

24 (B) in another appropriate local facility 

25 that is—
344

•S 22 IS 

1 (i) in a location easily accessible to 

2 youth in the community; and 

3 (ii) in compliance with all applicable 

4 State and local ordinances; 

5 (2) shall use the grant amounts to provide to 

6 youth in the eligible community services and activi7 ties that include extracurricular and academic pro8 grams that are offered—

9 (A) after school and on weekends and holi10 days, during the school year; and 

11 (B) as daily full day programs (to the ex12 tent available resources permit) or as part day 

13 programs, during the summer months;

14 (3) shall use not more than 5 percent of the 

15 amounts to pay for the administrative costs of the 

16 program; 

17 (4) shall not use such amounts to provide sec18 tarian worship or sectarian instruction; and 

19 (5) may not use the amounts for the general 

20 operating costs of public schools. 

21 (e) APPLICATIONS.—

22 (1) IN GENERAL.—Each application to become 

23 an eligible recipient shall be submitted to the Attor24 ney General at such time, in such manner, and ac-
345

•S 22 IS 

1 companied by such information, as the Attorney 

2 General may reasonably require. 

3 (2) CONTENTS OF APPLICATION.—Each appli4 cation submitted pursuant to paragraph (1) shall—

5 (A) describe the activities and services to 

6 be provided through the program for which the 

7 grant is sought; 

8 (B) contain a comprehensive plan for the 

9 program that is designed to achieve identifiable 

10 goals for youth in the eligible community; 

11 (C) describe in detail the drug education 

12 and drug prevention programs that will be im13 plemented; 

14 (D) specify measurable goals and outcomes 

15 for the program that will include—

16 (i) reducing the percentage of youth 

17 in the eligible community that enter the ju18 venile justice system or become addicted to 

19 drugs; 

20 (ii) increasing the graduation rates, 

21 school attendance, and academic success of 

22 youth in the eligible community; and 

23 (iii) improving the skills of program 

24 participants;
346

•S 22 IS 

1 (E) contain an assurance that the appli2 cant will use grant amounts received under this 

3 section to provide youth in the eligible commu4 nity with activities and services consistent with 

5 subsection (c); 

6 (F) demonstrate the manner in which the 

7 applicant will make use of the resources, exper8 tise, and commitment of private entities in car9 rying out the program for which the grant is 

10 sought; 

11 (G) include an estimate of the number of 

12 youth in the eligible community expected to be 

13 served under the program; 

14 (H) include a description of charitable pri15 vate resources, and all other resources, that will 

16 be made available to achieve the goals of the 

17 program; 

18 (I) contain an assurance that the applicant 

19 will comply with any research effort authorized 

20 under Federal law, and any investigation by the 

21 Attorney General; 

22 (J) contain an assurance that the appli23 cant will prepare and submit to the Attorney 

24 General an annual report regarding any pro25 gram conducted under this section; 
347

•S 22 IS 

1 (K) contain an assurance that the program 

2 for which the grant is sought will, to the max3 imum extent practicable, incorporate services 

4 that are provided solely through non-Federal 

5 private or nonprofit sources; and 

6 (L) contain an assurance that the appli7 cant will maintain separate accounting records 

8 for the program for which the grant is sought. 

9 (3) PRIORITY.—In determining eligibility under 

10 this section, the Attorney General shall give priority 

11 to applicants that submit applications that dem12 onstrate the greatest local support for the programs 

13 they seek to support. 

14 (f) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

15 SHARE.—

16 (1) PAYMENTS.—The Attorney General shall, 

17 subject to the availability of appropriations, provide 

18 to each eligible recipient the Federal share of the 

19 costs of developing and carrying out programs de20 scribed in this section. 

21 (2) FEDERAL SHARE.—The Federal share of 

22 the cost of a program under this section shall be not 

23 more than—
348

•S 22 IS 

1 (A) 75 percent of the total cost of the pro2 gram for each of the first 2 years of the dura3 tion of a grant; 

4 (B) 70 percent of the total cost of the pro5 gram for the third year of the duration of a 

6 grant; and 

7 (C) 60 percent of the total cost of the pro8 gram for each year thereafter. 

9 (3) NON-FEDERAL SHARE.—

10 (A) IN GENERAL.—The non-Federal share 

11 of the cost of a program under this section may 

12 be in cash or in kind, fairly evaluated, including 

13 plant, equipment, and services. Federal funds 

14 made available for the activity of any agency of 

15 an Indian tribal government or the Bureau of 

16 Indian Affairs on any Indian lands may be used 

17 to provide the non-Federal share of the costs of 

18 programs or projects funded under this section. 

19 (B) SPECIAL RULE.—Not less than 15 per20 cent of the non-Federal share of the costs of a 

21 program under this section shall be provided 

22 from private or nonprofit sources. 

23 (g) PROGRAM AUTHORITY.—

24 (1) IN GENERAL.—
349

•S 22 IS 

1 (A) ALLOCATIONS FOR STATES AND IN2 DIAN TRIBES.—

3 (i) IN GENERAL.—In any fiscal year 

4 in which the total amount made available 

5 to carry out this section is equal to or 

6 greater than $20,000,000, from the 

7 amount made available to carry out this 

8 section, the Attorney General shall allocate 

9 not less than 0.75 percent for grants under 

10 subparagraph (B) to eligible recipients in 

11 each State. 

12 (ii) INDIAN TRIBES.—The Attorney 

13 General shall allocate 0.75 percent of 

14 amounts made available under this section 

15 for grants to Indian tribes. 

16 (B) GRANTS TO COMMUNITY-BASED ORGA17 NIZATIONS AND PUBLIC SCHOOLS FROM ALLO18 CATIONS.—For each fiscal year described in 

19 subparagraph (A), the Attorney General may 

20 award grants from the appropriate State or In21 dian tribe allocation determined under subpara22 graph (A) on a competitive basis to eligible re23 cipients to pay for the Federal share of assist24 ing eligible communities to develop and carry 

25 out programs in accordance with this section. 
350

•S 22 IS 

1 (C) REALLOCATION.—If, at the end of a 

2 fiscal year described in subparagraph (A), the 

3 Attorney General determines that amounts allo4 cated for a particular State or Indian tribe 

5 under subparagraph (B) remain unobligated, 

6 the Attorney General shall use such amounts to 

7 award grants to eligible recipients in another 

8 State or Indian tribe to pay for the Federal 

9 share of assisting eligible communities to de10 velop and carry out programs in accordance 

11 with this section. In awarding such grants, the 

12 Attorney General shall consider the need to 

13 maintain geographic diversity among eligible re14 cipients. 

15 (D) AVAILABILITY OF AMOUNTS.—

16 Amounts made available under this paragraph 

17 shall remain available until expended. 

18 (2) OTHER FISCAL YEARS.—In any fiscal year 

19 in which the amount made available to carry out this 

20 section is equal to or less than $20,000,000, the At21 torney General may award grants on a competitive 

22 basis to eligible recipients to pay for the Federal 

23 share of assisting eligible communities to develop 

24 and carry out programs in accordance with this sec25 tion. 
351

•S 22 IS 

1 (3) ADMINISTRATIVE COSTS.—The Attorney 

2 General may use not more than 3 percent of the 

3 amounts made available to carry out this section in 

4 any fiscal year for administrative costs, including 

5 training and technical assistance. 

6 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 from the Violent Crime Reduction Trust Fund—

9 (1) $125,000,000 for fiscal year 2003; 

10 (2) $125,000,000 for fiscal year 2004; and 

11 (3) $125,000,000 for fiscal year 2005. 

12 SEC. 5113. DRUG EDUCATION AND PREVENTION RELATING 

13 TO YOUTH GANGS. 

14 Section 3505 of the Anti-Drug Abuse Act of 1988 

15 (42 U.S.C. 11805) is amended to read as follows: 

16 ‘‘SEC. 3505. AUTHORIZATION OF APPROPRIATIONS. 

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

18 this chapter such sums as may be necessary for each of 

19 fiscal years 2003, 2004, 2005, 2006, and 2007.’’. 

20 SEC. 5114. DRUG EDUCATION AND PREVENTION PROGRAM 

21 FOR RUNAWAY AND HOMELESS YOUTH. 

22 Section 3513 of the Anti-Drug Abuse Act of 1988 

23 (42 U.S.C. 11823) is amended to read as follows:
352

•S 22 IS 

1 ‘‘SEC. 3513. AUTHORIZATION OF APPROPRIATIONS. 

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

3 this chapter such sums as may be necessary for each of 

4 fiscal years 2003, 2004, 2005, 2006, and 2007.’’. 

5 PART 3—ZERO TOLERANCE DRUG TESTING 

6 SEC. 5121. GRANT AUTHORITY. 

7 The Attorney General may make grants to States and 

8 units of local government, State courts, local courts, and 

9 Indian tribal governments, acting directly or through 

10 agreements with other public or private entities, for pro11 grams that support—

12 (1) developing or implementing comprehensive 

13 drug testing policies and practices with regard to 

14 criminal justice populations; and 

15 (2) establishing appropriate interventions to il16 legal drug use for offender populations. 

17 Applicants may choose to submit joint proposals with 

18 other eligible criminal justice or criminal court agencies 

19 for systemic drug testing and intervention programs, in 

20 which case, 1 organization must be designated as the pri21 mary applicant. 

22 SEC. 5122. ADMINISTRATION. 

23 (a) CONSULTATION; COORDINATION.—In carrying 

24 out section 5121, the Attorney General shall coordinate 

25 with the other Justice Department initiatives that address 
353

•S 22 IS 

1 drug testing and interventions in the criminal justice sys2 tem. 

3 (b) GUIDELINES.—The Attorney General may issue 

4 guidelines necessary to carry out section 5121. 

5 (c) APPLICATIONS.—In addition to any other require6 ments that may be specified by the Attorney General, an 

7 application for a grant under section 5121 shall—

8 (1) reflect a comprehensive approach that rec9 ognizes the importance of collaboration and a con10 tinuum of testing, treatment, and other interven11 tions; 

12 (2) include a long-term strategy and detailed 

13 implementation plan; 

14 (3) address the applicant’s capability to con15 tinue the proposed program following the conclusion 

16 of Federal support; 

17 (4) identify related governmental or community 

18 initiatives which complement or will be coordinated 

19 with the proposal; 

20 (5) certify that there has been appropriate con21 sultation with affected agencies and key stakeholders 

22 throughout the criminal justice system and that 

23 there will be continued coordination throughout the 

24 implementation of the program; and 
354

•S 22 IS 

1 (6) describe the methodology that will be used 

2 in evaluating the program. 

3 SEC. 5123. APPLICATIONS. 

4 To request funds under section 5121, interested ap5 plicants shall submit an application to the Attorney Gen6 eral in such form and containing such information as the 

7 Attorney General may reasonably require. Federal funding 

8 shall be awarded on a competitive basis based on criteria 

9 established by the Attorney General and specified in pro10 gram guidelines. 

11 SEC. 5124. FEDERAL SHARE. 

12 The Federal share of a grant made under section 

13 5121 may not exceed 75 percent of the total cost of the 

14 program described in the application submitted for the fis15 cal year for which the program receives assistance under 

16 section 5121, unless the Attorney General waives, wholly 

17 or in part, the requirement of a matching contribution 

18 under this section. In-kind contributions may constitute 

19 a portion of the non-federal share of a grant. 

20 SEC. 5125. GEOGRAPHIC DISTRIBUTION. 

21 The Attorney General shall ensure that, to the extent 

22 practicable, an equitable geographic distribution of grant 

23 awards under section 5121 is made, with rural and tribal 

24 jurisdiction representation. 
355

•S 22 IS 

1 SEC. 5126. TECHNICAL ASSISTANCE, TRAINING, AND EVAL2 UATION. 

3 (a) TECHNICAL ASSISTANCE AND TRAINING.—The 

4 Attorney General shall provide technical assistance and 

5 training in furtherance of the purposes of section 5121. 

6 (b) EVALUATION.—In addition to any evaluation re7 quirements that may be prescribed for grantees, the Attor8 ney General may carry out or make arrangements for a 

9 rigorous evaluation of the programs that receive support 

10 under section 5121. 

11 (c) ADMINISTRATION.—The technical assistance, 

12 training, and evaluations authorized by this section may 

13 be carried out directly by the Attorney General or through 

14 grants, contracts, or cooperative agreements with other 

15 entities. 

16 SEC. 5127. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to carry out 

18 this part—

19 (1) $75,000,000 for fiscal year 2003; and 

20 (2) such sums as may be necessary for each of 

21 fiscal years 2004 through 2007. 

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

23 EVALUATION. 

24 The Attorney General shall reserve not less than 1 

25 percent and no more than 3 percent of the sums appro-
356

•S 22 IS 

1 priated under section 5127 in each fiscal year for research 

2 and evaluation of this program. 

3 PART 4—CRACK HOUSE STATUTE AMENDMENTS 

4 SEC. 5131. OFFENSES. 

5 (a) IN GENERAL.—Section 416(a) of the Controlled 

6 Substances Act (21 U.S.C. 856(a)) is amended—

7 (1) in paragraph (1), by striking ‘‘open or 

8 maintain any place’’ and inserting ‘‘open, lease, rent, 

9 use, or maintain any place, whether permanently or 

10 temporarily,’’; and 

11 (2) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) manage or control any place, whether per14 manently or temporarily, either as an owner, lessee, 

15 agent, employee, occupant, or mortgagee, and know16 ingly and intentionally rent, lease, profit from, or 

17 make available for use, with or without compensa18 tion, the place for the purpose of unlawfully manu19 facturing, storing, distributing, or using a controlled 

20 substance.’’. 

21 (b) TECHNICAL AMENDMENT.—The heading to sec22 tion 416 of the Controlled Substances Act (21 U.S.C. 856) 

23 is amended to read as follows:
357

•S 22 IS 

1 ‘‘SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.’’. 

2 (c) CONFORMING AMENDMENT.—The table of con3 tents to title II of the Comprehensive Drug Abuse and 

4 Prevention Act of 1970 is amended by striking the item 

5 relating to section 416 and inserting the following:

‘‘Sec. 416. Maintaining drug-involved premises.’’.

6 SEC. 5132. CIVIL PENALTY AND EQUITABLE RELIEF FOR 

7 MAINTAINING DRUG-INVOLVED PREMISES. 

8 Section 416 of the Controlled Substances Act (21 

9 U.S.C. 856) is amended by adding at the end the fol10 lowing: 

11 ‘‘(d)(1) Any person who violates subsection (a) shall 

12 be subject to a civil penalty of not more than the greater 

13 of—

14 ‘‘(A) $250,000; or 

15 ‘‘(B) 2 times the gross receipts, either known or 

16 estimated, that were derived from each violation that 

17 is attributable to the person. 

18 ‘‘(2) If a civil penalty is calculated under paragraph 

19 (1)(B), and there is more than 1 defendant, the court may 

20 apportion the penalty between multiple violators, but each 

21 violator shall be jointly and severally liable for the civil 

22 penalty under this subsection. 
358

•S 22 IS 

1 ‘‘(e) Any person who violates subsection (a) shall be 

2 subject to declaratory and injunctive remedies as set forth 

3 in section 403(f).’’. 

4 SEC. 5133. DECLARATORY AND INJUNCTIVE REMEDIES. 

5 Section 403(f)(1) of the Controlled Substances Act 

6 (21 U.S.C. 843(f)(1)) is amended by striking ‘‘this section 

7 or section 402’’ and inserting ‘‘this section, section 402, 

8 or 416’’. 

9 SEC. 5134. SENTENCING COMMISSION GUIDELINES. 

10 The United States Sentencing Commission shall—

11 (1) review the Federal sentencing guidelines 

12 with respect to offenses involving gamma hydroxy13 butyric acid (GHB); 

14 (2) consider amending the Federal sentencing 

15 guidelines to provide for increased penalties such 

16 that those penalties reflect the seriousness of of17 fenses involving GHB and the need to deter them; 

18 and 

19 (3) take any other action the Commission con20 siders necessary to carry out this section. 

21 SEC. 5135. AUTHORIZATION OF APPROPRIATIONS FOR A 

22 DEMAND REDUCTION COORDINATOR. 

23 There is authorized to be appropriated $5,900,000 to 

24 the Drug Enforcement Administration of the Department 
359

•S 22 IS 

1 of Justice for the hiring of a special agent in each State 

2 to serve as a Demand Reduction Coordinator. 

3 SEC. 5136. AUTHORIZATION OF APPROPRIATIONS FOR 

4 DRUG EDUCATION. 

5 There is authorized to be appropriated such sums as 

6 necessary to the Drug Enforcement Administration of the 

7 Department of Justice to educate youth, parents, and 

8 other interested adults about the drugs associated with 

9 raves. 

10 PART 5—CRACKING DOWN ON 

11 METHAMPHETAMINE IN RURAL AREAS 

12 SEC. 5141. METHAMPHETAMINE TREATMENT PROGRAMS IN 

13 RURAL AREAS. 

14 Subpart I of part B of title V of the Public Health 

15 Service Act (42 U.S.C. 290bb et seq.) is amended by in16 serting after section 509 the following: 

17 ‘‘SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS. 

18 ‘‘(a) IN GENERAL.—The Secretary, acting through 

19 the Director of the Center for Substance Abuse Treat20 ment, shall make grants to community-based public and 

21 nonprofit private entities for the establishment of sub22 stance abuse (particularly methamphetamine) prevention 

23 and treatment pilot programs in units of local government 

24 and tribal governments located outside a Standard Metro25 politan Statistical Area. 
360

•S 22 IS 

1 ‘‘(b) ADMINISTRATION.—Grants made in accordance 

2 with this section shall be administered by a single State 

3 agency designated by a State to ensure a coordinated ef4 fort within that State. 

5 ‘‘(c) APPLICATION.—To be eligible to receive a grant 

6 under subsection (a), a public or nonprofit private entity 

7 shall prepare and submit to the Secretary an application 

8 at such time, in such manner, and containing such infor9 mation as the Secretary may require. 

10 ‘‘(d) USE OF FUNDS.—A recipient of a grant under 

11 this section shall use amounts received under the grant 

12 to establish a methamphetamine abuse prevention and 

13 treatment pilot program that serves one or more rural 

14 areas. Such a pilot program shall—

15 ‘‘(1) have the ability to care for individuals on 

16 an in-patient basis; 

17 ‘‘(2) have a social detoxification capability, with 

18 direct access to medical services within 50 miles; 

19 ‘‘(3) provide neuro-cognitive skill development 

20 services to address brain damage caused by meth21 amphetamine use; 

22 ‘‘(4) provide after-care services, whether as a 

23 single-source provider or in conjunction with commu24 nity-based services designed to continue neuro-cog-
361

•S 22 IS 

1 nitive skill development to address brain damage 

2 caused by methamphetamine use;

3 ‘‘(5) provide appropriate training for the staff 

4 employed in the program; and 

5 ‘‘(6) use scientifically-based best practices in 

6 substance abuse treatment, particularly in meth7 amphetamine treatment. 

8 ‘‘(e) AMOUNT OF GRANTS.—The amount of a grant 

9 under this section shall be at least $19,000 but not greater 

10 than $100,000. 

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) IN GENERAL.—There is authorized to be 

13 appropriated $2,000,000 to carry out this section. 

14 ‘‘(2) SET-ASIDE.—Of the amount made avail15 able for grants under this section, 10 percent shall 

16 be awarded to tribal governments to ensure the pro17 vision of services under this section.’’. 

18 SEC. 5142. METHAMPHETAMINE PREVENTION EDUCATION. 

19 Section 519E of the Public Health Service Act (42 

20 U.S.C. 290bb–25e) is amended—

21 (1) in subsection (c)(1)—

22 (A) in subparagraph (F), by striking 

23 ‘‘and’’ at the end; 

24 (B) in subparagraph (G), by striking the 

25 period and inserting ‘‘; and’’; and
362

•S 22 IS 

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

2 ‘‘(H) to fund programs that educate rural 

3 communities, particularly parents, teachers, and 

4 others who work with youth, concerning the 

5 early signs and effects of methamphetamine 

6 use, however, as a prerequisite to receiving 

7 funding, these programs shall—

8 ‘‘(i) prioritize methamphetamine pre9 vention and education; 

10 ‘‘(ii) have past experience in commu11 nity coalition building and be part of an 

12 existing coalition that includes medical and 

13 public health officials, educators, youth14 serving community organizations, and 

15 members of law enforcement; 

16 ‘‘(iii) utilize professional prevention 

17 staff to develop research and science based 

18 prevention strategies for the community to 

19 be served; 

20 ‘‘(iv) demonstrate the ability to oper21 ate a community-based methamphetamine 

22 prevention and education program; 

23 ‘‘(v) establish prevalence of use 

24 through a community needs assessment; 
363

•S 22 IS 

1 ‘‘(vi) establish goals and objectives 

2 based on a needs assessment; and 

3 ‘‘(vii) demonstrate measurable out4 comes on a yearly basis.’’; 

5 (2) in subsection (e)—

6 (A) by striking ‘‘subsection (a), 

7 $10,000,000’’ and inserting ‘‘subsection (a)—

8 ‘‘(1) $10,000,000’’; 

9 (B) by striking the period at the end and 

10 inserting ‘‘; and’’; and 

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

12 ‘‘(2) $5,000,000 for each of fiscal years 2003 

13 through 2008 to carry out the programs referred to 

14 in subsection (c)(1)(H).’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(f) SET-ASIDE.—Of the amount made available for 

17 grants under this section, 10 percent shall be used to as18 sist tribal governments. 

19 ‘‘(g) AMOUNT OF GRANTS.—The amount of a grant 

20 under this section, with respect to each rural community 

21 involved, shall be at least $19,000 but not greater than 

22 $100,000.’’. 

23 SEC. 5143. METHAMPHETAMINE CLEANUP. 

24 (a) IN GENERAL.—The Attorney General shall, 

25 through the Department of Justice or through grants to 
364

•S 22 IS 

1 States or units of local government and tribal governments 

2 located outside a Standard Metropolitan Statistical Area, 

3 in accordance with such regulations as the Attorney Gen4 eral may prescribe, provide for—

5 (1) the cleanup of methamphetamine labora6 tories and related hazardous waste in units of local 

7 government and tribal governments located outside a 

8 Standard Metropolitan Statistical Area; and 

9 (2) the improvement of contract-related re10 sponse time for cleanup of methamphetamine labora11 tories and related hazardous waste in units of local 

12 government and tribal governments located outside a 

13 Standard Metropolitan Statistical Area by providing 

14 additional contract personnel, equipment, and facili15 ties. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There is authorized to be 

18 appropriated $20,000,000 for fiscal years 2003 and 

19 2004 to carry out this section. 

20 (2) FUNDING ADDITIONAL.—Amounts author21 ized by this section are in addition to amounts oth22 erwise authorized by law. 

23 (3) SET-ASIDE.—Of the amount made available 

24 for grants under this section, 10 percent shall be 

25 awarded to tribal governments. 
365

•S 22 IS 

1 Subtitle B—Disarming Felons 

2 PART 1—OUR LADY OF PEACE ACT 

3 SEC. 5201. SHORT TITLE. 

4 This part may be cited as the ‘‘Our Lady of Peace 

5 Act of 2003’’. 

6 SEC. 5202. FINDINGS. 

7 Congress finds the following: 

8 (1) Since 1994, more than 689,000 individuals 

9 have been denied a gun for failing a background 

10 check. 

11 (2) States that fail to computerize their crimi12 nal and mental illness records are the primary cause 

13 of delays for background checks. Helping States 

14 automate their records will reduce delays for law15 abiding gun owners. 

16 (3) 25 States have automated less than 60 per17 cent of their felony criminal conviction records. 

18 (4) 33 States do not automate or share dis19 qualifying mental health records. 

20 (5) In 13 States, domestic violence restraining 

21 orders are not automated or accessible by the na22 tional instant criminal background check system. 

23 (6) In 15 States, no domestic violence mis24 demeanor records are automated or accessible by the 

25 national instant criminal background check system. 
366

•S 22 IS 

1 SEC. 5203. ENHANCEMENT OF REQUIREMENT THAT FED2 ERAL DEPARTMENTS AND AGENCIES PRO3 VIDE RELEVANT INFORMATION TO THE NA4 TIONAL INSTANT CRIMINAL BACKGROUND 

5 CHECK SYSTEM. 

6 (a) IN GENERAL.—Section 103(e)(1) of the Brady 

7 Handgun Violence Prevention Act (18 U.S.C. 922 note) 

8 is amended—

9 (1) by inserting ‘‘electronically’’ before ‘‘fur10 nish’’; and 

11 (2) by adding at the end the following: ‘‘The 

12 head of each department or agency shall ascertain 

13 whether the department or agency has any records 

14 relating to any person described in subsection (g) or 

15 (n) of section 922 of title 18, United States Code 

16 and on being made aware that the department or 

17 agency has such a record, shall make the record 

18 available to the Attorney General for inclusion in the 

19 system to the extent the Attorney General deems ap20 propriate. The head of each department or agency, 

21 on being made aware that the basis under which a 

22 record was made available under this section does 

23 not apply or no longer applies, shall transmit a cer24 tification identifying the record (and any name or 

25 other relevant identifying information) to the Attor26 ney General for removal from the system. The Attor-
367

•S 22 IS 

1 ney General shall notify the Congress on an annual 

2 basis as to whether the Attorney General has ob3 tained from each such department or agency the in4 formation requested by the Attorney General under 

5 this subsection.’’. 

6 (b) IMMIGRATION RECORDS.—The Commissioner of 

7 the Immigration and Naturalization Service shall cooper8 ate in providing information regarding all relevant records 

9 of persons disqualified from acquiring a firearm under 

10 Federal law, including but not limited to, illegal aliens, 

11 visitors to the United States on student visas, and visitors 

12 to the United States on tourist visas, to the Attorney Gen13 eral for inclusion in the national instant criminal back14 ground check system. 

15 SEC. 5204. REQUIREMENTS TO OBTAIN WAIVER. 

16 (a) IN GENERAL.—Beginning 5 years after the date 

17 of enactment of this Act, a State shall be eligible to receive 

18 a waiver of the 10 percent matching requirement for Na19 tional Criminal History Improvement Grants under the 

20 Crime Identification Technology Act of 1988 if the State 

21 provides at least 95 percent of the information described 

22 under subsections (b) and (c). The length of such a waiver 

23 shall not exceed 5 years.
368

•S 22 IS 

1 (b) ELIGIBILITY OF STATE RECORDS FOR SUBMIS2 SION TO THE NATIONAL INSTANT CRIMINAL BACK3 GROUND CHECK SYSTEM.—

4 (1) REQUIREMENTS FOR ELIGIBILITY.—The 

5 State shall make available the following information 

6 established either through its own database or pro7 vide information to the Attorney General: 

8 (A) The name of and other relevant identi9 fying information relating to each person dis10 qualified from acquiring a firearm under sub11 section (g) or (n) of section 922 of title 18, 

12 United States Code, and each person disquali13 fied from acquiring a firearm under applicable 

14 State law. 

15 (B) The State, on being made aware that 

16 the basis under which a record was made avail17 able under subparagraph (A) does not apply or 

18 no longer applies, shall transmit a certification 

19 identifying the record (and any name or other 

20 relevant identifying information) to the Attor21 ney General for removal from the system. 

22 (C) Any information provided to the Attor23 ney General under subparagraph (A) may be 

24 accessed only for background check purposes 
369

•S 22 IS 

1 under section 922(t) of title 18, United States 

2 Code. 

3 (D) The State shall certify to the Attorney 

4 General that at least 95 percent of all informa5 tion described in subparagraph (A) has been 

6 provided to the Attorney General in accordance 

7 with subparagraph (A). 

8 (2) APPLICATION TO PERSONS CONVICTED OF

9 MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE.—

10 (A) IN GENERAL.—For purposes of para11 graph (1), a person disqualified from acquiring 

12 a firearm as referred to in that paragraph in13 cludes a person who has been convicted in any 

14 court, of any Federal, State, or local offense 

15 that—

16 (i) is a misdemeanor under Federal or 

17 State law or, in a State that does not clas18 sify offenses as misdemeanors, is an of19 fense punishable by imprisonment for a 

20 term of 1 year or less (or punishable by 

21 only a fine); 

22 (ii) has, as an element of the offense, 

23 the use or attempted use of physical force 

24 (for example, assault and battery), or the 

25 threatened use of a deadly weapon; and 
370

•S 22 IS 

1 (iii) was committed by a current or 

2 former spouse, parent, or guardian of the 

3 victim, by a person with whom the victim 

4 shares a child in common, by a person who 

5 is cohabitating with or has cohabitated 

6 with the victim as a spouse, parent, or 

7 guardian, (for example, the equivalent of 

8 ‘‘common-law marriage’’ even if such rela9 tionship is not recognized under the law), 

10 or a person similarly situated to a spouse, 

11 parent, or guardian of the victim (for ex12 ample, 2 persons who are residing at the 

13 same location in an intimate relationship 

14 with the intent to make that place their 

15 home would be similarly situated to a 

16 spouse). 

17 (B) CONVICTED PERSON.—A person shall 

18 not be considered to have been convicted of 

19 such an offense for purposes of subparagraph 

20 (A) unless—

21 (i) the person is considered to have 

22 been convicted by the jurisdiction in which 

23 the proceeding was held; 

24 (ii) the person was represented by 

25 counsel in the case, or knowingly and intel-
371

•S 22 IS 

1 ligently waived the right to counsel in the 

2 case; and 

3 (iii) in the case of a prosecution for 

4 which a person was entitled to a jury trial 

5 in the jurisdiction in which the case was 

6 tried—

7 (I) the case was tried by a jury; 

8 or 

9 (II) the person knowingly and in10 telligently waived the right to have the 

11 case tried by a jury, by guilty plea, or 

12 otherwise. 

13 (C) PARDON OR SET-ASIDE OF JUDG14 MENT.—A person shall not be considered to 

15 have been convicted of such an offense for pur16 poses of subparagraph (A) if the conviction has 

17 been expunged or set aside, or is an offense for 

18 which the person has been pardoned or has had 

19 civil rights restored (if the law of the jurisdic20 tion in which the proceedings were held pro21 vides for the loss of civil rights upon conviction 

22 of such an offense) unless the pardon, 

23 expungement, or restoration of civil rights ex24 pressly provides that the person may not ship, 

25 transport, possess, or receive firearms, and the 
372

•S 22 IS 

1 person is not otherwise prohibited by the law of 

2 the jurisdiction in which the proceedings were 

3 held from receiving or possessing any firearms. 

4 (c) APPLICATION TO PERSONS WHO HAVE BEEN AD5 JUDICATED AS A MENTAL DEFECTIVE OR COMMITTED TO

6 A MENTAL INSTITUTION.—

7 (1) REQUIREMENT.—The requirement of this 

8 subsection is that the State shall provide the name 

9 of and other relevant identifying information relat10 ing to persons adjudicated as mental defective or 

11 those committed to mental institutions to the Attor12 ney General for inclusion in the national instant 

13 criminal background check system. 

14 (2) ADJUDICATION AS A MENTAL DEFECTIVE.—

15 For purposes of paragraph (1), an adjudication as 

16 a mental defective occurs when a court, board, com17 mission, or other government entity determines that 

18 an individual is mentally retarded or of marked sub19 normal intelligence, mentally ill, or mentally incom20 petent, including—

21 (A) defendants in criminal cases adju22 dicated as not guilty by reason of insanity, or 

23 found incompetent to stand trial; 

24 (B) individuals who are a danger to others 

25 as a result of a mental disorder or illness; 
373

•S 22 IS 

1 (C) individuals involuntarily committed to 

2 a mental institution by a court, board, commis3 sion, or other authority; 

4 (D) individuals committed because they 

5 lack the mental capacity to contract or manage 

6 their own affairs; and 

7 (E) individuals found to be a danger to 

8 themselves as a result of a mental disorder or 

9 illness. 

10 (3) EXCEPTION.—This subsection does not 

11 apply to—

12 (A) a person—

13 (i) in a mental institution for observa14 tion; or 

15 (ii) voluntarily committed to a mental 

16 institution; or 

17 (B) information protected by doctor-pa18 tient privilege. 

19 (4) PRIVACY PROTECTIONS.—For any informa20 tion provided under the national instant criminal 

21 background check system, the Attorney General 

22 shall work with States and local law enforcement 

23 and the mental health community to establish regu24 lations and protocols for protecting the privacy of in25 formation provided to the system.
374

•S 22 IS 

1 (5) STATE AUTHORITY.—Notwithstanding any 

2 other provision of this subsection, a State may des3 ignate that records transmitted under this sub4 section shall be used only to determine eligibility to 

5 purchase or possess a firearm. 

6 (d) ATTORNEY GENERAL REPORT.—Not later than 

7 January 31 of each year, the Attorney General shall sub8 mit to the Committee on the Judiciary of the Senate and 

9 the Committee on the Judiciary of the House of Rep10 resentatives a report on the progress of States in auto11 mating the databases containing the information described 

12 in subsections (b) and (c) and in providing that informa13 tion pursuant to the requirements of such subsections. 

14 SEC. 5205. IMPLEMENTATION GRANTS TO STATES. 

15 (a) IN GENERAL.—From amounts made available to 

16 carry out this section, the Attorney General shall make 

17 grants to each State, in a manner consistent with the na18 tional criminal history improvement program, which shall 

19 be used by the State, in conjunction with units of local 

20 government and State and local courts, to establish or up21 grade information and identification technologies for fire22 arms eligibility determinations. 

23 (b) USE OF GRANT AMOUNTS.—Grants under this 

24 section may only be awarded for the following purposes: 
375

•S 22 IS 

1 (1) Building databases that are directly related 

2 to checks under the national instant criminal back3 ground check system (NICS), including court dis4 position and corrections records. 

5 (2) Assisting States in establishing or enhanc6 ing their own capacities to perform NICS back7 ground checks. 

8 (3) Improving final dispositions of criminal 

9 records. 

10 (4) Supplying mental health records to NICS. 

11 (5) Supplying court-ordered domestic restrain12 ing orders and records of domestic violence mis13 demeanors (as defined in section 5204) for inclusion 

14 in NICS. 

15 (c) CONDITION.—As a condition of receiving a grant 

16 under this section, a State shall specify the projects for 

17 which grant amounts will be used, and shall use such 

18 amounts only as specified. A State that violates this sec19 tion shall be liable to the Attorney General for the full 

20 amount granted. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $250,000,000 for each of fiscal years 2003, 2004, 2005, 

24 and 2006. 
376

•S 22 IS 

1 (e) USER FEE.—The Federal Bureau of Investiga2 tion shall not charge a user fee for background checks pur3 suant to section 922(t) of title 18, United States Code. 

4 SEC. 5206. CONTINUING EVALUATIONS. 

5 (a) EVALUATION REQUIRED.—The Director of the 

6 Bureau of Justice Statistics shall study and evaluate the 

7 operations of the national instant criminal background 

8 check system. Such study and evaluation shall include 

9 compilations and analyses of the operations and record 

10 systems of the agencies and organizations participating in 

11 such system. 

12 (b) REPORT ON GRANTS.—Not later than January 

13 31 of each year, the Director shall submit to Congress 

14 a report on the implementation of subsections (b) and (c) 

15 of section 5204. 

16 (c) REPORT ON BEST PRACTICES.—Not later than 

17 January 31 of each year, the Director shall submit to Con18 gress, and to each State participating in the National 

19 Criminal History Improvement Program, a report of the 

20 practices of the States regarding the collection, mainte21 nance, automation, and transmittal of identifying informa22 tion relating to individuals described in subsection (g) or 

23 (n) of section 922 of title 18, United States Code, by the 

24 State or any other agency, or any other records relevant 
377

•S 22 IS 

1 to the national instant criminal background check system, 

2 that the Director considers to be best practices. 

3 SEC. 5207. GRANTS TO STATE COURTS FOR THE IMPROVE4 MENT IN AUTOMATION AND TRANSMITTAL 

5 OF DISPOSITION RECORDS 

6 (a) IN GENERAL.—From amounts made available to 

7 carry out this section, the Attorney General shall make 

8 grants to each State for use by the chief judicial officer 

9 of the State to improve the handling of proceedings related 

10 to criminal history dispositions and restraining orders. 

11 (b) USE OF FUNDS.—Amounts granted under this 

12 section shall be used by the chief judicial officer only as 

13 follows: 

14 (1) For fiscal years 2003 and 2004, such 

15 amounts shall be used to carry out assessments of 

16 the capabilities of the courts of the State for the au17 tomation and transmission to State and Federal 

18 record repositories the arrest and conviction records 

19 of such courts. 

20 (2) For fiscal years after 2004, such amounts 

21 shall be used to implement policies, systems, and 

22 procedures for the automation and transmission to 

23 State and Federal record repositories the arrest and 

24 conviction records of such courts. 
378

•S 22 IS 

1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Attorney General 

3 to carry out this section $125,000,000 for each of fiscal 

4 years 2003, 2004, 2005, and 2006. 

5 PART 2—BALLISTICS, LAW ASSISTANCE, AND 

6 SAFETY TECHNOLOGY 

7 SEC. 5211. SHORT TITLE. 

8 This part may be cited as the ‘‘Ballistics, Law Assist9 ance, and Safety Technology Act of 2003’’ or ‘‘BLAST 

10 Act’’. 

11 SEC. 5212. PURPOSES. 

12 The purposes of this part are to—

13 (1) increase public safety by assisting law en14 forcement in solving more gun-related crimes and of15 fering prosecutors evidence to link felons to gun 

16 crimes through ballistics technology; 

17 (2) provide for ballistics testing of all new fire18 arms for sale to assist in the identification of fire19 arms used in crimes; 

20 (3) require ballistics testing of all firearms in 

21 custody of Federal agencies to assist in the identi22 fication of firearms used in crimes; and 

23 (4) add ballistics testing to existing firearms 

24 enforcement programs.
379

•S 22 IS 

1 SEC. 5213. DEFINITION OF BALLISTICS. 

2 Section 921(a) of title 18, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(35) BALLISTICS.—The term ‘ballistics’ means 

5 a comparative analysis of fired bullets and cartridge 

6 casings to identify the firearm from which bullets 

7 were discharged, through identification of the unique 

8 characteristics that each firearm imprints on bullets 

9 and cartridge casings.’’. 

10 SEC. 5214. TEST FIRING AND AUTOMATED STORAGE OF 

11 BALLISTICS RECORDS. 

12 (a) AMENDMENT.—Section 923 of title 18, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(m)(1) In addition to the other licensing require16 ments under this section, a licensed manufacturer or li17 censed importer shall—

18 ‘‘(A) test fire firearms manufactured or im19 ported by such licensees as specified by the Sec20 retary by regulation; 

21 ‘‘(B) prepare ballistics images of the fired bullet 

22 and cartridge casings from the test fire; 

23 ‘‘(C) make the records available to the Sec24 retary for entry in a computerized database; and 
380

•S 22 IS 

1 ‘‘(D) store the fired bullet and cartridge casings 

2 in such a manner and for such a period as specified 

3 by the Secretary by regulation. 

4 ‘‘(2) Nothing in this subsection creates a cause of ac5 tion against any Federal firearms licensee or any other 

6 person for any civil liability except for imposition of a civil 

7 penalty under this section. 

8 ‘‘(3)(A) The Attorney General and the Secretary 

9 shall assist firearm manufacturers and importers in com10 plying with paragraph (1) through—

11 ‘‘(i) the acquisition, disposition, and upgrades 

12 of ballistics equipment and bullet recovery equip13 ment to be placed at or near the sites of licensed 

14 manufacturers and importers; 

15 ‘‘(ii) the hiring or designation of personnel nec16 essary to develop and maintain a database of ballis17 tics images of fired bullets and cartridge casings, re18 search and evaluation; 

19 ‘‘(iii) providing education about the role of bal20 listics as part of a comprehensive firearm crime re21 duction strategy; 

22 ‘‘(iv) providing for the coordination among Fed23 eral, State, and local law enforcement and regulatory 

24 agencies and the firearm industry to curb firearm25 related crime and illegal firearm trafficking; and 
381

•S 22 IS 

1 ‘‘(v) any other steps necessary to make ballis2 tics testing effective. 

3 ‘‘(B) The Attorney General and the Secretary shall—

4 ‘‘(i) establish a computer system through which 

5 State and local law enforcement agencies can 

6 promptly access ballistics records stored under this 

7 subsection, as soon as such a capability is available; 

8 and 

9 ‘‘(ii) encourage training for all ballistics exam10 iners. 

11 ‘‘(4) Not later than 1 year after the date of enact12 ment of this subsection and annually thereafter, the Attor13 ney General and the Secretary shall submit to the Com14 mittee on the Judiciary of the Senate and the Committee 

15 on the Judiciary of the House of Representatives a report 

16 regarding the impact of this section, including—

17 ‘‘(A) the number of Federal and State criminal 

18 investigations, arrests, indictments, and prosecutions 

19 of all cases in which access to ballistics records pro20 vided under this section served as a valuable inves21 tigative tool; 

22 ‘‘(B) the extent to which ballistics records are 

23 accessible across jurisdictions; and 

24 ‘‘(C) a statistical evaluation of the test pro25 grams conducted pursuant to section 5216 of the 
382

•S 22 IS 

1 Ballistics, Law Assistance, and Safety Technology 

2 Act of 2003. 

3 ‘‘(5) There is authorized to be appropriated to the 

4 Department of Justice and the Department of the Treas5 ury for each of fiscal years 2003 through 2006, 

6 $20,000,000 to carry out this subsection, including—

7 ‘‘(A) installation of ballistics equipment and 

8 bullet recovery equipment; 

9 ‘‘(B) establishment of sites for ballistics testing; 

10 ‘‘(C) salaries and expenses of necessary per11 sonnel; and

12 ‘‘(D) research and evaluation. 

13 ‘‘(6) The Secretary and the Attorney General shall 

14 conduct mandatory ballistics testing of all firearms ob15 tained or in the possession of their respective agencies.’’. 

16 (b) EFFECTIVE DATE.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendment made by subsection (a) 

19 shall take effect on the date on which the Attorney 

20 General and the Secretary of the Treasury, in con21 sultation with the Board of the National Integrated 

22 Ballistics Information Network, certify that the bal23 listics systems used by the Department of Justice 

24 and the Department of the Treasury are sufficiently 
383

•S 22 IS 

1 interoperable to make mandatory ballistics testing of 

2 new firearms possible. 

3 (2) EFFECTIVE ON DATE OF ENACTMENT.—

4 Section 923(m)(6) of title 18, United States Code, 

5 as added by subsection (a), shall take effect on the 

6 date of enactment of this Act. 

7 SEC. 5215. PRIVACY RIGHTS OF LAW ABIDING CITIZENS. 

8 Ballistics information of individual guns in any form 

9 or database established by this part may not be used for—

10 (1) prosecutorial purposes unless law enforce11 ment officials have a reasonable belief that a crime 

12 has been committed and that ballistics information 

13 would assist in the investigation of that crime; or 

14 (2) the creation of a national firearms registry 

15 of gun owners. 

16 SEC. 5216. DEMONSTRATION FIREARM CRIME REDUCTION 

17 STRATEGY. 

18 (a) IN GENERAL.—Not later than 60 days after the 

19 date of enactment of this Act, the Secretary of the Treas20 ury and the Attorney General shall establish in the juris21 dictions selected under subsection (c), a comprehensive 

22 firearm crime reduction strategy that meets the require23 ments of subsection (b).
384

•S 22 IS 

1 (b) PROGRAM ELEMENTS.—Each program estab2 lished under subsection (a) shall, for the jurisdiction con3 cerned—

4 (1) provide for ballistics testing, in accordance 

5 with criteria set forth by the National Integrated 

6 Ballistics Information Network, of all firearms re7 covered during criminal investigations, in order to—

8 (A) identify the types and origins of the 

9 firearms; 

10 (B) identify suspects; and 

11 (C) link multiple crimes involving the same 

12 firearm; 

13 (2) require that all identifying information re14 lating to firearms recovered during criminal inves15 tigations be promptly submitted to the Secretary of 

16 the Treasury, in order to identify the types and ori17 gins of the firearms and to identify illegal firearms 

18 traffickers; 

19 (3) provide for coordination among Federal, 

20 State, and local law enforcement officials, firearm 

21 examiners, technicians, laboratory personnel, inves22 tigators, and prosecutors in the tracing and ballistics 

23 testing of firearms and the investigation and pros24 ecution of firearms-related crimes including illegal 

25 firearms trafficking; and 
385

•S 22 IS 

1 (4) require analysis of firearm tracing and bal2 listics data in order to establish trends in firearm3 related crime and firearm trafficking. 

4 (c) PARTICIPATING JURISDICTIONS.—

5 (1) IN GENERAL.—The Secretary of the Treas6 ury and the Attorney General shall select not fewer 

7 than 10 jurisdictions for participation in the pro8 gram under this section. 

9 (2) CONSIDERATIONS.—In selecting jurisdic10 tions under this subsection, the Secretary of the 

11 Treasury and the Attorney General shall give pri12 ority to jurisdictions that—

13 (A) participate in comprehensive firearm 

14 law enforcement strategies, including programs 

15 such as the Youth Crime Gun Interdiction Ini16 tiative, Project Achilles, Project Disarm, 

17 Project Triggerlock, Project Exile, Project 

18 Surefire, and Operation Ceasefire; 

19 (B) draft a plan to share ballistics records 

20 with nearby jurisdictions that require ballistics 

21 testing of firearms recovered during criminal in22 vestigations; and 

23 (C) pledge to match Federal funds for the 

24 expansion of ballistics testing on a one-on-one 

25 basis. 
386

•S 22 IS 

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated for each of fiscal years 2003 

3 through 2006, $20,000,000 to carry out this section, in4 cluding—

5 (1) installation of ballistics equipment; and 

6 (2) salaries and expenses for personnel (includ7 ing personnel from the Department of Justice and 

8 the Bureau of Alcohol, Tobacco, and Firearms). 

9 PART 3—EXTENSION OF PROJECT EXILE 

10 SEC. 5221. AUTHORIZATION OF FUNDING FOR ADDITIONAL 

11 STATE AND LOCAL GUN PROSECUTORS. 

12 (a) GRANTS FOR STATE AND LOCAL GUN PROSECU13 TORS.—Title III of the Violent Crime Control and Law 

14 Enforcement Act of 1994 is amended by adding at the 

15 end the following: 

16 ‘‘Subtitle Y—Grants for State and 

17 Local Gun Prosecutors 

18 ‘‘SEC. 32501. GRANT AUTHORIZATION. 

19 ‘‘The Attorney General may award grants to State, 

20 Indian tribal, or local prosecutors for the purpose of sup21 porting the creation or expansion of community-based jus22 tice programs for the prosecution of firearm-related 

23 crimes. 
387

•S 22 IS 

1 ‘‘SEC. 32502. USE OF FUNDS. 

2 ‘‘Grants awarded by the Attorney General under this 

3 subtitle shall be used to fund programs for the hiring of 

4 prosecutors and related personnel under which those pros5 ecutors and personnel shall utilize an interdisciplinary 

6 team approach to prevent, reduce, and respond to firearm7 related crimes in partnership with communities. 

8 ‘‘SEC. 32503. APPLICATIONS. 

9 ‘‘(a) ELIGIBILITY.—To be eligible to receive a grant 

10 award under this subtitle for a fiscal year, a State, Indian 

11 tribal, or local prosecutor, in conjunction with the chief 

12 executive officer of the jurisdiction in which the program 

13 will be placed, shall submit to the Attorney General an 

14 application, in such form and containing such information 

15 as the Attorney General may reasonably require. 

16 ‘‘(b) REQUIREMENTS.—Each application submitted 

17 under this section shall include—

18 ‘‘(1) a request for funds for the purposes de19 scribed in section 32502; 

20 ‘‘(2) a description of the communities to be 

21 served by the grant, including the nature of the fire22 arm-related crime in such communities; and 

23 ‘‘(3) assurances that Federal funds received 

24 under this subtitle shall be used to supplement, not 

25 supplant, non-Federal funds that would otherwise be 

26 available for activities funded under this section. 
388

•S 22 IS 

1 ‘‘SEC. 32504. MATCHING REQUIREMENT. 

2 ‘‘The Federal share of a grant awarded under this 

3 subtitle may not exceed 50 percent of the total cost of 

4 the program described in the application submitted under 

5 section 32503 for the fiscal year for which the program 

6 receives assistance under this subtitle. 

7 ‘‘SEC. 32505. AWARD OF GRANTS. 

8 ‘‘(a) IN GENERAL.—Except as provided in subsection 

9 (b), in awarding grants under this subtitle, the Attorney 

10 General shall consider—

11 ‘‘(1) the demonstrated need for, and the evi12 dence of the ability of the applicant to provide, the 

13 services described in section 32503(b)(2), as de14 scribed in the application submitted under section 

15 32503; 

16 ‘‘(2) the extent to which, as reflected in the 

17 1998 Uniform Crime Report of the Federal Bureau 

18 of Investigation, there is a high rate of firearm-re19 lated crime in the jurisdiction of the applicant, 

20 measured either in total or per capita; 

21 ‘‘(3) the extent to which the jurisdiction of the 

22 applicant has experienced an increase in the total or 

23 per capita rate of firearm-related crime, as reported 

24 in the 3 most recent annual Uniform Crime Reports 

25 of the Federal Bureau of Investigation; 
389

•S 22 IS 

1 ‘‘(4) the extent to which State and local law en2 forcement agencies in the jurisdiction of the appli3 cant have pledged to cooperate with Federal officials 

4 in responding to the illegal acquisition, distribution, 

5 possession, and use of firearms within the jurisdic6 tion; and 

7 ‘‘(5) The extent to which the jurisdiction of the 

8 applicant participates in comprehensive firearm law 

9 enforcement strategies, including programs such as 

10 the Youth Crime Gun Interdiction Initiative, Project 

11 Achilles, Project Disarm, Project Triggerlock, 

12 Project Exile, Project Surefire, and Operation 

13 Ceasefire. 

14 ‘‘(b) INDIAN TRIBES.—

15 ‘‘(1) FEDERAL GRANTS.—Not less than 5 per16 cent of the amount made available for grants under 

17 this subtitle for each fiscal year shall be awarded as 

18 grants to Indian tribes. 

19 ‘‘(2) GRANT CRITERIA.—In awarding grants to 

20 Indian tribes in accordance with this subsection, the 

21 Attorney General shall consider, to the extent prac22 ticable, the factors for consideration set forth in sub23 section (a). 

24 ‘‘(c) RESEARCH AND EVALUATION.—Of the amount 

25 made available for grants under this subtitle for each fis-
390

•S 22 IS 

1 cal year, the Attorney General shall use not less than 1 

2 percent and not more than 3 percent for research and 

3 evaluation of the activities carried out with grants award4 ed under this subtitle. 

5 ‘‘SEC. 32506. REPORTS. 

6 ‘‘(a) REPORT TO ATTORNEY GENERAL.—Not later 

7 than March 1 of each fiscal year, each law enforcement 

8 agency that receives funds from a grant awarded under 

9 this subtitle for that fiscal year shall submit to the Attor10 ney General a report describing the progress achieved in 

11 carrying out the grant program for which those funds were 

12 received. 

13 ‘‘(b) REPORT TO CONGRESS.—Beginning not later 

14 than October 1 of the first fiscal year following the initial 

15 fiscal year during which grants are awarded under this 

16 subtitle, and not later than October 1 of each fiscal year 

17 thereafter, the Attorney General shall submit to Congress 

18 a report, which shall contain a detailed statement regard19 ing grant awards, activities of grant recipients, a compila20 tion of statistical information submitted by applicants, and 

21 an evaluation of programs established with amounts from 

22 grants awarded under this subtitle during the preceding 

23 fiscal year. 

24 ‘‘SEC. 32507. DEFINITIONS. 

25 ‘‘In this subtitle—
391

•S 22 IS 

1 ‘‘(1) the term ‘firearm’ has the meaning given 

2 the term in section 921(a) of title 18, United States 

3 Code; 

4 ‘‘(2) the term ‘Indian tribe’ means a tribe, 

5 band, pueblo, nation, or other organized group or 

6 community of Indians, including an Alaska Native 

7 village (as defined in or established under the Alaska 

8 Native Claims Settlement Act (43 U.S.C. 1601 et 

9 seq.)), that is recognized as eligible for the special

10 programs and services provided by the United States 

11 to Indians because of their status as Indians; and 

12 ‘‘(3) the term ‘State’ means a State, the Dis13 trict of Columbia, the Commonwealth of Puerto 

14 Rico, the Commonwealth of the Northern Mariana 

15 Islands, American Samoa, Guam, and the United 

16 States Virgin Islands. 

17 ‘‘SEC. 32508. AUTHORIZATION OF APPROPRIATIONS. 

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

19 this subtitle $150,000,000 for fiscal years 2003 and 

20 2004.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.—

22 The table of contents in section 2 of the Violent Crime 

23 Control and Law Enforcement Act of 1994 is amended 

24 by inserting after the item relating to subtitle X the fol25 lowing:

‘‘Subtitle Y—Grants for State and Local Gun Prosecutors 
392

•S 22 IS 

‘‘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.’’.

1 PART 4—EXPANSION OF THE YOUTH CRIME GUN 

2 INTERDICTION INITIATIVE 

3 SEC. 5231. YOUTH CRIME GUN INTERDICTION INITIATIVE. 

4 (a) IN GENERAL.—

5 (1) EXPANSION OF NUMBER OF CITIES.—The 

6 Secretary of the Treasury shall endeavor to expand 

7 the number of cities and counties directly partici8 pating in the Youth Crime Gun Interdiction Initia9 tive (in this section referred to as the ‘‘YCGII’’) 

10 to—

11 (A) 75 cities or counties by October 1, 

12 2004; 

13 (B) 150 cities or counties by October 1, 

14 2006; and 

15 (C) 250 cities or counties by October 1, 

16 2007. 

17 (2) SELECTION.—Cities and counties selected 

18 for participation in the YCGII shall be selected by 

19 the Secretary of the Treasury and in consultation 

20 with Federal, State and local law enforcement offi21 cials. 
393

•S 22 IS 

1 (b) IDENTIFICATION OF INDIVIDUALS.—

2 (1) IN GENERAL.—The Secretary of the Treas3 ury shall, utilizing the information provided by the 

4 YCGII, facilitate the identification and prosecution 

5 of individuals illegally trafficking firearms to prohib6 ited individuals. 

7 (2) SHARING OF INFORMATION.—The Secretary 

8 of the Treasury shall share information derived from 

9 the YCGII with State and local law enforcement 

10 agencies through on-line computer access, as soon as 

11 such capability is available. 

12 (c) GRANT AWARDS.—

13 (1) IN GENERAL.—The Secretary of the Treas14 ury shall award grants (in the form of funds or 

15 equipment) to States, cities, and counties for pur16 poses of assisting such entities in the tracing of fire17 arms and participation in the YCGII. 

18 (2) USE OF GRANT FUNDS.—Grants made 

19 under this part shall be used to—

20 (A) hire or assign additional personnel for 

21 the gathering, submission and analysis of trac22 ing data submitted to the Bureau of Alcohol, 

23 Tobacco and Firearms under the YCGII;
394

•S 22 IS 

1 (B) hire additional law enforcement per2 sonnel for the purpose of identifying and arrest3 ing individuals illegally trafficking firearms; and

4 (C) purchase additional equipment, includ5 ing automatic data processing equipment and 

6 computer software and hardware, for the timely 

7 submission and analysis of tracing data. 

8 PART 5—GUN OFFENSES 

9 SEC. 5241. GUN BAN FOR DANGEROUS JUVENILE OFFEND10 ERS. 

11 (a) DEFINITION.—Section 921(a)(20) of title 18, 

12 United States Code, is amended—

13 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’; 

14 (2) by redesignating subparagraphs (A) and 

15 (B) as clauses (i) and (ii), respectively; 

16 (3) by inserting after subparagraph (A) the fol17 lowing: 

18 ‘‘(B) For purposes of subsections (d), (g), 

19 and (s) of section 922, the term ‘act of juvenile 

20 delinquency’ means an adjudication of delin21 quency based on a finding of the commission of 

22 an act by a person prior to his or her eight23 eenth birthday that, if committed by an adult, 

24 would be a serious drug offense or violent fel25 ony (as defined in section 3559(c)(2) of this 
395

•S 22 IS 

1 title), on or after the date of enactment of this 

2 paragraph.’’; and 

3 (4) by striking ‘‘What constitutes’’ through the 

4 end and inserting the following: ‘‘What constitutes a 

5 conviction of such a crime or an adjudication of ju6 venile delinquency shall be determined in accordance 

7 with the law of the jurisdiction in which the pro8 ceedings were held. Any State conviction or adju9 dication of delinquency which has been expunged or 

10 set aside or for which a person has been pardoned 

11 or has had civil rights restored by the jurisdiction in 

12 which the conviction or adjudication of delinquency 

13 occurred shall not be considered a conviction or ad14 judication of delinquency.’’. 

15 (b) PROHIBITION.—Section 922 of title 18, United 

16 States Code is amended—

17 (1) in subsection (d)—

18 (A) by striking ‘‘or’’ at the end of para19 graph (8); 

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

21 paragraph (9) and inserting ‘‘; or’’; and 

22 (C) by inserting after paragraph (9) the 

23 following:

24 ‘‘(10) who has committed an act of juvenile de25 linquency.’’; 
396

•S 22 IS 

1 (2) in subsection (g)—

2 (A) by striking ‘‘or’’ at the end of para3 graph (8); 

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

5 paragraph (9) and inserting ‘‘; or’’; and 

6 (C) by inserting after paragraph (9) the 

7 following: 

8 ‘‘(10) who has committed an act of juvenile de9 linquency.’’; and

10 (3) in subsection (s)(3)(B)—

11 (A) by striking ‘‘and’’ at the end of clause 

12 (vi); 

13 (B) by inserting ‘‘and’’ after the semicolon 

14 at the end of clause (vii); and 

15 (C) by inserting after clause (vii) the fol16 lowing: 

17 ‘‘(viii) has not committed an act of ju18 venile delinquency.’’. 

19 SEC. 5242. IMPROVING FIREARMS SAFETY. 

20 (a) SECURE GUN STORAGE DEVICE.—Section 921(a) 

21 of title 18, United States Code, is amended by adding at 

22 the end the following: 

23 ‘‘(35) SECURE GUN STORAGE OR SAFETY DE24 VICE.—The term ‘secure gun storage or safety de25 vice’ means—
397

•S 22 IS 

1 ‘‘(A) a device that, when installed on a 

2 firearm, is designed to prevent the firearm from 

3 being operated without first deactivating the de4 vice;

5 ‘‘(B) a device incorporated into the design 

6 of the firearm that is designed to prevent the 

7 operation of the firearm by anyone not having 

8 access to the device; or 

9 ‘‘(C) a safe, gun safe, gun case, lock box, 

10 or other device that is designed to be or can be 

11 used to store a firearm and that is designed to 

12 be unlocked only by means of a key, a combina13 tion, or other similar means.’’. 

14 (b) CERTIFICATION REQUIRED IN APPLICATION FOR

15 DEALER’S LICENSE.—Section 923(d)(1) of title 18, 

16 United States Code, is amended—

17 (1) in subparagraph (E), by striking ‘‘and’’ at 

18 the end; 

19 (2) in subparagraph (F), by striking the period 

20 at the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(G) in the case of an application to be li23 censed as a dealer, the applicant certifies that 

24 secure gun storage or safety devices will be 

25 available at any place in which firearms are 
398

•S 22 IS 

1 sold under the license to persons who are not 

2 licensees (subject to the exception that in any 

3 case in which a secure gun storage or safety de4 vice is temporarily unavailable because of theft, 

5 casualty loss, consumer sales, backorders from 

6 a manufacturer, or any other similar reason be7 yond the control of the licensee, the dealer shall 

8 not be considered to be in violation of the re9 quirement under this subparagraph to make 

10 available such a device).’’. 

11 (c) REVOCATION OF DEALER’S LICENSE FOR FAIL12 URE TO HAVE SECURE GUN STORAGE OR SAFETY DE13 VICES AVAILABLE.—The first sentence of section 923(e) 

14 of title 18, United States Code, is amended by inserting 

15 before the period at the end the following: ‘‘or fails to have 

16 secure gun storage or safety devices available at any place 

17 in which firearms are sold under the license to persons 

18 who are not licensees (except that in any case in which 

19 a secure gun storage or safety device is temporarily un20 available because of theft, casualty loss, consumer sales, 

21 backorders from a manufacturer, or any other similar rea22 son beyond the control of the licensee, the dealer shall not 

23 be considered to be in violation of the requirement to make 

24 available such a device)’’.
399

•S 22 IS 

1 (d) STATUTORY CONSTRUCTION.—Nothing in the 

2 amendments made by this section shall be construed—

3 (1) as creating a cause of action against any 

4 firearms dealer or any other person for any civil li5 ability; or 

6 (2) as establishing any standard of care. 

7 SEC. 5243. JUVENILE HANDGUN SAFETY. 

8 (a) JUVENILE HANDGUN SAFETY.—Section 

9 924(a)(6) of title 18, United States Code, is amended—

10 (1) by striking subparagraph (A); 

11 (2) by redesignating subparagraph (B) as sub12 paragraph (A); and 

13 (3) in subparagraph (A), as redesignated—

14 (A) by striking ‘‘A person other than a ju15 venile who knowingly’’ and inserting ‘‘A person 

16 who knowingly’’; and 

17 (B) in clause (i), by striking ‘‘not more 

18 than 1 year’’ and inserting ‘‘not more than 5 

19 years’’. 

20 SEC. 5244. SERIOUS JUVENILE DRUG OFFENSES AS ARMED 

21 CAREER CRIMINAL PREDICATES. 

22 Section 924(e)(2)(A) of title 18, United States Code, 

23 is amended—

24 (1) in clause (i), by striking ‘‘or’’ at the end; 
400

•S 22 IS 

1 (2) in clause (ii), by adding ‘‘or’’ at the end; 

2 and 

3 (3) by adding at the end the following: 

4 ‘‘(iii) any act of juvenile delinquency that, 

5 if committed by an adult, would be an offense 

6 described in this paragraph;’’. 

7 SEC. 5245. INCREASED PENALTY FOR TRANSFERRING A 

8 FIREARM TO A MINOR FOR USE IN CRIME OF 

9 VIOLENCE OR DRUG TRAFFICKING CRIME. 

10 Section 924(h) of title 18, United States Code, is 

11 amended by striking ‘‘10 years, fined in accordance with 

12 this title, or both’’ and inserting ‘‘10 years, and if the 

13 transferee is a person who is under 18 years of age, im14 prisoned for a term of not more than 15 years, fined in 

15 accordance with this title, or both’’.

16 SEC. 5246. INCREASED PENALTY FOR FIREARMS CON17 SPIRACY. 

18 Section 924 of title 18, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(p) Except as otherwise provided in this section, a 

21 person who conspires to commit an offense defined in this 

22 chapter shall be subject to the same penalties (other than 

23 the penalty of death) as those prescribed for the offense 

24 the commission of which is the object of the conspiracy.’’. 
401

•S 22 IS 

1 PART 6—CLOSING THE GUN SHOW LOOPHOLE 

2 SEC. 5251. FINDINGS. 

3 Congress finds that—

4 (1) more than 4,400 traditional gun shows are 

5 held annually across the United States, attracting 

6 thousands of attendees per show and hundreds of 

7 Federal firearms licensees and nonlicensed firearms 

8 sellers; 

9 (2) traditional gun shows, as well as flea mar10 kets and other organized events, at which a large 

11 number of firearms are offered for sale by Federal 

12 firearms licensees and nonlicensed firearms sellers, 

13 form a significant part of the national firearms mar14 ket; 

15 (3) firearms and ammunition that are exhibited 

16 or offered for sale or exchange at gun shows, flea 

17 markets, and other organized events move easily in 

18 and substantially affect interstate commerce; 

19 (4) in fact, even before a firearm is exhibited or 

20 offered for sale or exchange at a gun show, flea mar21 ket, or other organized event, the gun, its component 

22 parts, ammunition, and the raw materials from 

23 which it is manufactured have moved in interstate 

24 commerce; 

25 (5) gun shows, flea markets, and other orga26 nized events at which firearms are exhibited or of-
402

•S 22 IS 

1 fered for sale or exchange, provide a convenient and 

2 centralized commercial location at which firearms 

3 may be bought and sold anonymously, often without 

4 background checks and without records that enable 

5 gun tracing; 

6 (6) at gun shows, flea markets, and other orga7 nized events at which guns are exhibited or offered 

8 for sale or exchange, criminals and other prohibited 

9 persons obtain guns without background checks and 

10 frequently use guns that cannot be traced to later 

11 commit crimes; 

12 (7) many persons who buy and sell firearms at 

13 gun shows, flea markets, and other organized events 

14 cross State lines to attend these events and engage 

15 in the interstate transportation of firearms obtained 

16 at these events; 

17 (8) gun violence is a pervasive, national prob18 lem that is exacerbated by the availability of guns at 

19 gun shows, flea markets, and other organized events; 

20 (9) firearms associated with gun shows have 

21 been transferred illegally to residents of another 

22 State by Federal firearms licensees and nonlicensed 

23 firearms sellers, and have been involved in subse24 quent crimes including drug offenses, crimes of vio-
403

•S 22 IS 

1 lence, property crimes, and illegal possession of fire2 arms by felons and other prohibited persons; and 

3 (10) Congress has the power, under the inter4 state commerce clause and other provisions of the 

5 Constitution of the United States, to ensure, by en6 actment of this part, that criminals and other pro7 hibited persons do not obtain firearms at gun shows, 

8 flea markets, and other organized events. 

9 SEC. 5252. EXTENSION OF BRADY BACKGROUND CHECKS 

10 TO GUN SHOWS. 

11 (a) DEFINITIONS.—Section 921(a) of title 18, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘(35) GUN SHOW.—The term ‘gun show’ means any 

15 event—

16 ‘‘(A) at which 50 or more firearms are offered 

17 or exhibited for sale, transfer, or exchange, if 1 or 

18 more of the firearms has been shipped or trans19 ported in, or otherwise affects, interstate or foreign 

20 commerce; and 

21 ‘‘(B) at which—

22 ‘‘(i) not less than 20 percent of the exhibi23 tors are firearm exhibitors; 

24 ‘‘(ii) there are not less than 10 firearm ex25 hibitors; or
404

•S 22 IS 

1 ‘‘(iii) 50 or more firearms are offered for 

2 sale, transfer, or exchange. 

3 ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show 

4 promoter’ means any person who organizes, plans, pro5 motes, or operates a gun show. 

6 ‘‘(37) GUN SHOW VENDOR.—The term ‘gun show 

7 vendor’ means any person who exhibits, sells, offers for 

8 sale, transfers, or exchanges 1 or more firearms at a gun 

9 show, regardless of whether or not the person arranges 

10 with the gun show promoter for a fixed location from 

11 which to exhibit, sell, offer for sale, transfer, or exchange 

12 1 or more firearms.’’

13 (b) REGULATION OF FIREARMS TRANSFERS AT GUN

14 SHOWS.—

15 (1) IN GENERAL.—Chapter 44 of title 18, 

16 United States Code, is amended by adding at the 

17 end the following: 

18 ‘‘§ 931. Regulation of firearms transfers at gun shows 

19 ‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—

20 It shall be unlawful for any person to organize, plan, pro21 mote, or operate a gun show unless that person— 

22 ‘‘(1) registers with the Secretary in accordance 

23 with regulations promulgated by the Secretary; and 

24 ‘‘(2) pays a registration fee, in an amount de25 termined by the Secretary.
405

•S 22 IS 

1 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO2 MOTERS.—It shall be unlawful for any person to organize, 

3 plan, promote, or operate a gun show unless that person— 

4 ‘‘(1) before commencement of the gun show, 

5 verifies the identity of each gun show vendor partici6 pating in the gun show by examining a valid identi7 fication document (as defined in section 1028(d)(1)) 

8 of the vendor containing a photograph of the vendor; 

9 ‘‘(2) before commencement of the gun show, re10 quires each gun show vendor to sign— 

11 ‘‘(A) a ledger with identifying information 

12 concerning the vendor; and 

13 ‘‘(B) a notice advising the vendor of the 

14 obligations of the vendor under this chapter; 

15 and 

16 ‘‘(3) notifies each person who attends the gun 

17 show of the requirements of this chapter, in accord18 ance with such regulations as the Secretary shall 

19 prescribe; and 

20 ‘‘(4) maintains a copy of the records described 

21 in paragraphs (1) and (2) at the permanent place of 

22 business of the gun show promoter for such period 

23 of time and in such form as the Secretary shall re24 quire by regulation. 
406

•S 22 IS 

1 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

2 THAN LICENSEES.—

3 ‘‘(1) IN GENERAL.—If any part of a firearm 

4 transaction takes place at a gun show, it shall be 

5 unlawful for any person who is not licensed under 

6 this chapter to transfer a firearm to another person 

7 who is not licensed under this chapter, unless the 

8 firearm is transferred through a licensed importer, 

9 licensed manufacturer, or licensed dealer in accord10 ance with subsection (e). 

11 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per12 son who is subject to the requirement of paragraph 

13 (1)—

14 ‘‘(A) shall not transfer the firearm to the 

15 transferee until the licensed importer, licensed 

16 manufacturer, or licensed dealer through which 

17 the transfer is made under subsection (e) 

18 makes the notification described in subsection 

19 (e)(3)(A); and 

20 ‘‘(B) notwithstanding subparagraph (A), 

21 shall not transfer the firearm to the transferee 

22 if the licensed importer, licensed manufacturer, 

23 or licensed dealer through which the transfer is 

24 made under subsection (e) makes the notifica25 tion described in subsection (e)(3)(B). 
407

•S 22 IS 

1 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE2 MENTS.—Nothing in this section shall permit or au3 thorize the Secretary to impose recordkeeping re4 quirements on any nonlicensed vendor. 

5 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

6 THAN LICENSEES.—

7 ‘‘(1) IN GENERAL.—If any part of a firearm 

8 transaction takes place at a gun show, it shall be 

9 unlawful for any person who is not licensed under 

10 this chapter to receive a firearm from another per11 son who is not licensed under this chapter, unless 

12 the firearm is transferred through a licensed im13 porter, licensed manufacturer, or licensed dealer in 

14 accordance with subsection (e). 

15 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per16 son who is subject to the requirement of paragraph 

17 (1)— 

18 ‘‘(A) shall not receive the firearm from the 

19 transferor until the licensed importer, licensed 

20 manufacturer, or licensed dealer through which 

21 the transfer is made under subsection (e) 

22 makes the notification described in subsection 

23 (e)(3)(A); and 

24 ‘‘(B) notwithstanding subparagraph (A), 

25 shall not receive the firearm from the transferor 
408

•S 22 IS 

1 if the licensed importer, licensed manufacturer, 

2 or licensed dealer through which the transfer is 

3 made under subsection (e) makes the notifica4 tion described in subsection (e)(3)(B). 

5 ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed 

6 importer, licensed manufacturer, or licensed dealer who 

7 agrees to assist a person who is not licensed under this 

8 chapter in carrying out the responsibilities of that person 

9 under subsection (c) or (d) with respect to the transfer 

10 of a firearm shall—

11 ‘‘(1) enter such information about the firearm 

12 as the Secretary may require by regulation into a 

13 separate bound record; 

14 ‘‘(2) record the transfer on a form specified by 

15 the Secretary; 

16 ‘‘(3) comply with section 922(t) as if transfer17 ring the firearm from the inventory of the licensed 

18 importer, licensed manufacturer, or licensed dealer 

19 to the designated transferee (although a licensed im20 porter, licensed manufacturer, or licensed dealer 

21 complying with this subsection shall not be required 

22 to comply again with the requirements of section 

23 922(t) in delivering the firearm to the nonlicensed 

24 transferor), and notify the nonlicensed transferor 

25 and the nonlicensed transferee— 
409

•S 22 IS 

1 ‘‘(A) of such compliance; and 

2 ‘‘(B) if the transfer is subject to the re3 quirements of section 922(t)(1), of any receipt 

4 by the licensed importer, licensed manufacturer, 

5 or licensed dealer of a notification from the na6 tional instant criminal background check sys7 tem that the transfer would violate section 922 

8 or would violate State law; 

9 ‘‘(4) not later than 10 days after the date on 

10 which the transfer occurs, submit to the Secretary a 

11 report of the transfer, which report—

12 ‘‘(A) shall be on a form specified by the 

13 Secretary by regulation; and 

14 ‘‘(B) shall not include the name of or other 

15 identifying information relating to any person 

16 involved in the transfer who is not licensed 

17 under this chapter; 

18 ‘‘(5) if the licensed importer, licensed manufac19 turer, or licensed dealer assists a person other than 

20 a licensee in transferring, at 1 time or during any 

21 5 consecutive business days, 2 or more pistols or re22 volvers, or any combination of pistols and revolvers 

23 totaling 2 or more, to the same nonlicensed person, 

24 in addition to the reports required under paragraph 
410

•S 22 IS 

1 (4), prepare a report of the multiple transfers, which 

2 report shall be—

3 ‘‘(A) prepared on a form specified by the 

4 Secretary; and 

5 ‘‘(B) not later than the close of business 

6 on the date on which the transfer occurs, for7 warded to— 

8 ‘‘(i) the office specified on the form 

9 described in subparagraph (A); and 

10 ‘‘(ii) the appropriate State law en11 forcement agency of the jurisdiction in 

12 which the transfer occurs; and 

13 ‘‘(6) retain a record of the transfer as part of 

14 the permanent business records of the licensed im15 porter, licensed manufacturer, or licensed dealer. 

16 ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any 

17 part of a firearm transaction takes place at a gun show, 

18 each licensed importer, licensed manufacturer, and li19 censed dealer who transfers 1 or more firearms to a person 

20 who is not licensed under this chapter shall, not later than 

21 10 days after the date on which the transfer occurs, sub22 mit to the Secretary a report of the transfer, which re23 port—

24 ‘‘(1) shall be in a form specified by the Sec25 retary by regulation; 
411

•S 22 IS 

1 ‘‘(2) shall not include the name of or other 

2 identifying information relating to the transferee; 

3 and 

4 ‘‘(3) shall not duplicate information provided in 

5 any report required under subsection (e)(4). 

6 ‘‘(g) FIREARM TRANSACTION DEFINED.—In this sec7 tion, the term ‘firearm transaction’— 

8 ‘‘(1) includes the offer for sale, sale, transfer, 

9 or exchange of a firearm; and 

10 ‘‘(2) does not include the mere exhibition of a 

11 firearm.’’. 

12 (2) PENALTIES.—Section 924(a) of title 18, 

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(7)(A) Whoever knowingly violates section 931(a) 

16 shall be fined under this title, imprisoned not more than 

17 5 years, or both. 

18 ‘‘(B) Whoever knowingly violates subsection (b) or (c) 

19 of section 931, shall be—

20 ‘‘(i) fined under this title, imprisoned not more 

21 than 2 years, or both; and 

22 ‘‘(ii) in the case of a second or subsequent con23 viction, such person shall be fined under this title, 

24 imprisoned not more than 5 years, or both. 
412

•S 22 IS 

1 ‘‘(C) Whoever willfully violates section 931(d), shall 

2 be—

3 ‘‘(i) fined under this title, imprisoned not more 

4 than 2 years, or both; and 

5 ‘‘(ii) in the case of a second or subsequent con6 viction, such person shall be fined under this title, 

7 imprisoned not more than 5 years, or both. 

8 ‘‘(D) Whoever knowingly violates subsection (e) or (f) 

9 of section 931 shall be fined under this title, imprisoned 

10 not more than 5 years, or both. 

11 ‘‘(E) In addition to any other penalties imposed 

12 under this paragraph, the Secretary may, with respect to 

13 any person who knowingly violates any provision of section 

14 931— 

15 ‘‘(i) if the person is registered pursuant to sec16 tion 931(a), after notice and opportunity for a hear17 ing, suspend for not more than 6 months or revoke 

18 the registration of that person under section 931(a); 

19 and 

20 ‘‘(ii) impose a civil fine in an amount equal to 

21 not more than $10,000.’’. 

22 (3) TECHNICAL AND CONFORMING AMEND23 MENTS.—Chapter 44 of title 18, United States 

24 Code, is amended—
413

•S 22 IS 

1 (A) in the chapter analysis, by adding at 

2 the end the following:

‘‘931. Regulation of firearms transfers at gun shows.’’;

3 and 

4 (B) in the first sentence of section 923(j), 

5 by striking ‘‘a gun show or event’’ and inserting 

6 ‘‘an event’’; and 

7 (c) INSPECTION AUTHORITY.—Section 923(g)(1) is 

8 amended by adding at the end the following: 

9 ‘‘(E) Notwithstanding subparagraph (B), the Sec10 retary may enter during business hours the place of busi11 ness of any gun show promoter and any place where a 

12 gun show is held for the purposes of examining the records 

13 required by sections 923 and 931 and the inventory of 

14 licensees conducting business at the gun show. Such entry 

15 and examination shall be conducted for the purposes of 

16 determining compliance with this chapter by gun show 

17 promoters and licensees conducting business at the gun 

18 show and shall not require a showing of reasonable cause 

19 or a warrant.’’. 

20 (d) INCREASED PENALTIES FOR SERIOUS RECORD21 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3) 

22 of title 18, United States Code, is amended to read as 

23 follows: 

24 ‘‘(3)(A) Except as provided in subparagraph (B), any 

25 licensed dealer, licensed importer, licensed manufacturer,
414

•S 22 IS 

1 or licensed collector who knowingly makes any false state2 ment or representation with respect to the information re3 quired by this chapter to be kept in the records of a person 

4 licensed under this chapter, or violates section 922(m) 

5 shall be fined under this title, imprisoned not more than 

6 1 year, or both. 

7 ‘‘(B) If the violation described in subparagraph (A) 

8 is in relation to an offense— 

9 ‘‘(i) under paragraph (1) or (3) of section 

10 922(b), such person shall be fined under this title, 

11 imprisoned not more than 5 years, or both; or 

12 ‘‘(ii) under subsection (a)(6) or (d) of section 

13 922, such person shall be fined under this title, im14 prisoned not more than 10 years, or both.’’. 

15 (e) INCREASED PENALTIES FOR VIOLATIONS OF

16 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

17 (1) PENALTIES.—Section 924 of title 18, 

18 United States Code, is amended—

19 (A) in paragraph (5), by striking ‘‘sub20 section (s) or (t) of section 922’’ and inserting 

21 ‘‘section 922(s)’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(8) Whoever knowingly violates section 922(t) shall 

24 be fined under this title, imprisoned not more than 5 

25 years, or both.’’. 
415

•S 22 IS 

1 (2) ELIMINATION OF CERTAIN ELEMENTS OF

2 OFFENSE.—Section 922(t)(5) of title 18, United 

3 States Code, is amended by striking ‘‘and, at the 

4 time’’ and all that follows through ‘‘State law’’. 

5 (f) GUN OWNER PRIVACY AND PREVENTION OF

6 FRAUD AND ABUSE OF SYSTEM INFORMATION.—Section 

7 922(t)(2)(C) of title 18, United States Code, is amended 

8 by inserting before the period at the end the following: 

9 ‘‘, as soon as possible, consistent with the responsibility 

10 of the Attorney General under section 103(h) of the Brady 

11 Handgun Violence Prevention Act to ensure the privacy 

12 and security of the system and to prevent system fraud 

13 and abuse, but in no event later than 90 days after the 

14 date on which the licensee first contacts the system with 

15 respect to the transfer’’. 

16 (g) EFFECTIVE DATE.—This part and the amend17 ments made by this part shall take effect 180 days after 

18 the date of enactment of this Act. 

19 TITLE VI—THE INNOCENCE 

20 PROTECTION ACT 

21 SEC. 6001. SHORT TITLE. 

22 This title may be cited as the ‘‘Innocence Protection 

23 Act of 2003’’. 
416

•S 22 IS 

1 Subtitle A—Exonerating the 

2 Innocent Through DNA Testing 

3 SEC. 6101. DNA TESTING IN FEDERAL CRIMINAL JUSTICE 

4 SYSTEM. 

5 (a) IN GENERAL.—Part VI of title 28, United States 

6 Code, is amended by inserting after chapter 155 the fol7 lowing: 

8 ‘‘CHAPTER 156—DNA TESTING

‘‘Sec. 

‘‘2291. DNA testing. 

‘‘2292. Preservation of evidence.

9 ‘‘§ 2291. DNA testing 

10 ‘‘(a) APPLICATION.—Notwithstanding any other pro11 vision of law, a person convicted of a Federal crime may 

12 apply to the appropriate Federal court for DNA testing 

13 by asserting under oath that the person did not commit—

14 ‘‘(1) the Federal crime of which the person was 

15 convicted; or 

16 ‘‘(2) any other offense that a sentencing au17 thority may have relied upon when it sentenced the 

18 person with respect to the Federal crime either to 

19 death or to an enhanced term of imprisonment as a 

20 career offender or armed career criminal. 

21 ‘‘(b) NOTICE TO GOVERNMENT.—The court shall no22 tify the Government of an application made under sub-
417

•S 22 IS 

1 section (a) and shall afford the Government an oppor2 tunity to respond. 

3 ‘‘(c) PRESERVATION ORDER.—The court shall order 

4 that all evidence secured in relation to the case that could 

5 be subjected to DNA testing must be preserved during the 

6 pendency of the proceeding. The court may impose appro7 priate sanctions, including criminal contempt, for the in8 tentional destruction of evidence after such an order. 

9 ‘‘(d) ORDER.—

10 ‘‘(1) IN GENERAL.—The court shall order DNA 

11 testing pursuant to an application made under sub12 section (a) upon a determination that—

13 ‘‘(A) the evidence is still in existence, and 

14 in such a condition that DNA testing may be 

15 conducted; 

16 ‘‘(B) the evidence was never previously 

17 subjected to DNA testing, or was not subject to 

18 the type of DNA testing that is now requested 

19 and that may resolve an issue not resolved by 

20 previous testing; 

21 ‘‘(C) the proposed DNA testing uses a sci22 entifically valid technique; 

23 ‘‘(D) the proposed DNA testing has the 

24 scientific potential to produce new, noncumu25 lative evidence which is material to the claim of 
418

•S 22 IS 

1 the applicant that the applicant did not commit, 

2 and which raises a reasonable probability that 

3 the applicant would not have been convicted 

4 of—

5 ‘‘(i) the Federal crime of which the 

6 applicant was convicted; or 

7 ‘‘(ii) any other offense that a sen8 tencing authority may have relied upon 

9 when it sentenced the applicant with re10 spect to the Federal crime either to death 

11 or to an enhanced term of imprisonment as 

12 a career offender or armed career criminal; 

13 and 

14 ‘‘(E) the identity of the perpetrator was or 

15 should have been a significant issue in the case. 

16 ‘‘(2) LIMITATION.—

17 ‘‘(A) IN GENERAL.—The court shall not 

18 order DNA testing under paragraph (1) if the 

19 Government proves by a preponderance of the 

20 evidence that the application for testing was 

21 made to interfere with the administration of 

22 justice rather than to support a claim described 

23 in paragraph (1)(D). 

24 ‘‘(B) GOVERNMENT’S CLAIM.—The Gov25 ernment’s claim under subparagraph (A)—
419

•S 22 IS 

1 ‘‘(i) may be supported by evidence of 

2 the defendant’s unexplained delay in seek3 ing testing; 

4 ‘‘(ii) may be supported by evidence 

5 that the defendant’s attorney presented at 

6 trial an affirmative defense that is factu7 ally inconsistent with the current applica8 tion; and 

9 ‘‘(iii) shall succeed if the defendant 

10 testified at trial in support of an affirma11 tive defense that is factually inconsistent 

12 with the current application. 

13 ‘‘(3) TESTING PROCEDURES.—If the court or14 ders DNA testing under paragraph (1), the court 

15 shall impose reasonable conditions on such testing 

16 designed to protect the integrity of the evidence and 

17 the testing process and the reliability of the test re18 sults, including a condition that the test results are 

19 simultaneously disclosed to defense counsel, pros20 ecuting counsel, and the court of jurisdiction. 

21 ‘‘(e) COST.—The cost of DNA testing ordered under 

22 subsection (d) shall be borne by the Government or the 

23 applicant, as the court may order in the interests of jus24 tice, except that an applicant shall not be denied testing 

25 because of an inability to pay the cost of testing. 
420

•S 22 IS 

1 ‘‘(f) COUNSEL.—The court may at any time appoint 

2 counsel for an indigent applicant under this section pursu3 ant to section 3006A(a)(2)(B) of title 18. 

4 ‘‘(g) POST-TESTING PROCEDURES.—

5 ‘‘(1) INCONCLUSIVE RESULTS.—If the results of 

6 DNA testing conducted under this section are incon7 clusive, the court may order such further testing as 

8 may be appropriate or dismiss the application. 

9 ‘‘(2) RESULTS UNFAVORABLE TO APPLICANT.—

10 If the results of DNA testing conducted under this 

11 section inculpate the applicant, the court shall—

12 ‘‘(A) dismiss the application; 

13 ‘‘(B) assess the applicant for the cost of 

14 the testing; 

15 ‘‘(C) submit applicant’s DNA testing re16 sults to the Department of Justice for inclusion 

17 in the Combined DNA Index System; and 

18 ‘‘(D) make such further orders as may be 

19 appropriate, including an order of contempt. 

20 ‘‘(3) RESULTS FAVORABLE TO APPLICANT.—If 

21 the results of DNA testing conducted under this sec22 tion are favorable to the applicant, the court shall 

23 order a hearing and thereafter make such further 

24 orders as may be appropriate under applicable rules 

25 and statutes regarding post-conviction proceedings, 
421

•S 22 IS 

1 notwithstanding any provision of law that would bar 

2 such hearing or orders as untimely. 

3 ‘‘(h) RULES OF CONSTRUCTION.—

4 ‘‘(1) OTHER POST-CONVICTION RELIEF UNAF5 FECTED.—Nothing in this section shall be construed 

6 to limit the circumstances under which a person may 

7 obtain DNA testing or other post-conviction relief 

8 under any other provision of law. 

9 ‘‘(2) FINALITY RULE UNAFFECTED.—An appli10 cation under this section shall not be considered a 

11 motion under section 2255 for purposes of deter12 mining whether it or any other motion is a second 

13 or successive motion under section 2255. 

14 ‘‘(i) DEFINITIONS.—In this section: 

15 ‘‘(1) APPROPRIATE FEDERAL COURT.—The 

16 term ‘appropriate Federal court’ means—

17 ‘‘(A) the United States District Court 

18 which imposed the sentence from which the ap19 plicant seeks relief; or 

20 ‘‘(B) in relation to a crime under the Uni21 form Code of Military Justice, the United 

22 States District Court having jurisdiction over 

23 the place where the court martial was convened 

24 that imposed the sentence from which the appli25 cant seeks relief, or the United States District 
422

•S 22 IS 

1 Court for the District of Columbia, if no United 

2 States District Court has jurisdiction over the 

3 place where the court martial was convened. 

4 ‘‘(2) FEDERAL CRIME.—The term ‘Federal 

5 crime’ includes a crime under the Uniform Code of 

6 Military Justice. 

7 ‘‘§ 2292. Preservation of evidence 

8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro9 vision of law and subject to subsection (b), the Govern10 ment shall preserve all evidence that was secured in rela11 tion to the investigation or prosecution of a Federal crime 

12 (as that term is defined in section 2291(i)), and that could 

13 be subjected to DNA testing, for not less than the period 

14 of time that any person remains subject to incarceration 

15 in connection with the investigation or prosecution. 

16 ‘‘(b) EXCEPTIONS.—The Government may dispose of 

17 evidence before the expiration of the period of time de18 scribed in subsection (a) if—

19 ‘‘(1) other than subsection (a), no statute, regu20 lation, court order, or other provision of law requires 

21 that the evidence be preserved; and 

22 ‘‘(2)(A)(i) the Government notifies any person 

23 who remains incarcerated in connection with the in24 vestigation or prosecution and any counsel of record 

25 for such person (or, if there is no counsel of record, 
423

•S 22 IS 

1 the public defender for the judicial district in which 

2 the conviction for such person was imposed), of the 

3 intention of the Government to dispose of the evi4 dence and the provisions of this chapter; and 

5 ‘‘(ii) the Government affords such person not 

6 less than 180 days after such notification to make 

7 an application under section 2291(a) for DNA test8 ing of the evidence; or 

9 ‘‘(B)(i) the evidence must be returned to its 

10 rightful owner, or is of such a size, bulk, or physical 

11 character as to render retention impracticable; and 

12 ‘‘(ii) the Government takes reasonable measures 

13 to remove and preserve portions of the material evi14 dence sufficient to permit future DNA testing. 

15 ‘‘(c) REMEDIES FOR NONCOMPLIANCE.—

16 ‘‘(1) GENERAL LIMITATION.—Nothing in this 

17 section shall be construed to give rise to a claim for 

18 damages against the United States, or any employee 

19 of the United States, any court official or officer of 

20 the court, or any entity contracting with the United 

21 States. 

22 ‘‘(2) CIVIL PENALTY.—

23 ‘‘(A) IN GENERAL.—Notwithstanding para24 graph (1), an individual who knowingly violates 

25 a provision of this section or a regulation pre-
424

•S 22 IS 

1 scribed under this section shall be liable to the 

2 United States for a civil penalty in an amount 

3 not to exceed $1,000 for the first violation and 

4 $5,000 for each subsequent violation, except 

5 that the total amount imposed on the individual 

6 for all such violations during a calendar year 

7 may not exceed $25,000. 

8 ‘‘(B) PROCEDURES.—The provisions of 

9 section 405 of the Controlled Substances Act 

10 (21 U.S.C. 844a), other than subsections (a) 

11 through (d) and subsection (j), shall apply to 

12 the imposition of a civil penalty under subpara13 graph (A) in the same manner as such provi14 sions apply to the imposition of a penalty under 

15 such section 405. 

16 ‘‘(C) PRIOR CONVICTION.—A civil penalty 

17 may not be assessed under subparagraph (A) 

18 with respect to an act if that act previously re19 sulted in a conviction under chapter 73 of title 

20 18. 

21 ‘‘(3) REGULATIONS.—

22 ‘‘(A) IN GENERAL.—The Attorney General 

23 shall promulgate regulations to implement and 

24 enforce this section.
425

•S 22 IS 

1 ‘‘(B) CONTENTS.—The regulations shall 

2 include the following: 

3 ‘‘(i) Disciplinary sanctions, including 

4 suspension or termination from employ5 ment, for employees of the Department of 

6 Justice who knowingly or repeatedly violate 

7 a provision of this section. 

8 ‘‘(ii) An administrative procedure 

9 through which parties can file formal com10 plaints with the Department of Justice al11 leging violations of this section.’’. 

12 (b) CRIMINAL PENALTY.—Chapter 73 of title 18, 

13 United States Code, is amended by inserting at the end 

14 the following: 

15 ‘‘§ 1521. Destruction or altering of DNA evidence 

16 ‘‘Whoever willfully or maliciously destroys, alters, 

17 conceals, or tampers with evidence that is required to be 

18 preserved under section 2292 of title 28, United States 

19 Code, with intent to—

20 ‘‘(1) impair the integrity of that evidence; 

21 ‘‘(2) prevent that evidence from being subjected 

22 to DNA testing; or 

23 ‘‘(3) prevent the production or use of that evi24 dence in an official proceeding, 
426

•S 22 IS 

1 shall be fined under this title or imprisoned not more than 

2 5 years, or both.’’. 

3 (c) TESTING OF FEDERAL INMATES.—The Attorney 

4 General is authorized to conduct a systematic review of 

5 Federal cases in which a defendant was sentenced to death 

6 to identify cases in which DNA evidence is readily acces7 sible and DNA testing is appropriate and to conduct DNA 

8 testing in such cases within 12 months of enactment of 

9 this Act. 

10 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

11 (1) The analysis for part VI of title 28, United 

12 States Code, is amended by inserting after the item 

13 relating to chapter 155 the following:

‘‘156. DNA testing ............................................................................... 2291’’.

14 (2) The table of contents for Chapter 73 of title 

15 18, United States Code, is amended by inserting 

16 after the item relating to section 1520 the following:

‘‘1521. Destruction or altering of DNA evidence.’’.

17 SEC. 6102. DNA TESTING IN STATE CRIMINAL JUSTICE SYS18 TEMS. 

19 (a) CERTIFICATION REGARDING POST-CONVICTION

20 TESTING AND PRESERVATION OF DNA EVIDENCE.—If 

21 any part of funds received from a grant made by any Ex22 ecutive agency is to be used to develop or improve a DNA 

23 analysis capability in a forensic laboratory, or to collect, 

24 analyze, or index DNA samples for law enforcement iden-
427

•S 22 IS 

1 tification purposes, the State applying for that grant must 

2 certify that it will—

3 (1) make post-conviction DNA testing available 

4 to any person convicted of a State crime in a man5 ner consistent with section 2291 of title 28, United 

6 States Code, and, if the results of such testing are 

7 favorable to such person, allow such person to apply 

8 for post-conviction relief, notwithstanding any provi9 sion of law that would bar such application as un10 timely; 

11 (2) preserve all evidence that was secured in re12 lation to the investigation or prosecution of a State 

13 crime, and that could be subjected to DNA testing, 

14 for not less than the period of time that such evi15 dence would be required to be preserved under sec16 tion 2292 of title 28, United States Code, if the evi17 dence were related to a Federal crime; 

18 (3) in cases where DNA evidence exonerates an 

19 inmate, investigate the causes of such convictions, 

20 publish the results of such investigations, and take 

21 steps to prevent such errors in future cases; and 

22 (4) establish a program under which State and 

23 local prosecutors shall conduct a systematic review 

24 of cases in which a defendant was sentenced to 

25 death to identify cases in which DNA evidence is 
428

•S 22 IS 

1 readily accessible and DNA testing is appropriate 

2 and to conduct DNA testing in such cases not later 

3 than 18 months after the date of enactment of this 

4 Act. 

5 (b) EFFECTIVE DATE.—This section shall apply with 

6 respect to any grant made on or after the date that is 

7 1 year after the date of enactment of this Act. 

8 SEC. 6103. PROHIBITION PURSUANT TO SECTION 5 OF THE 

9 14TH AMENDMENT. 

10 (a) FINDINGS AND PURPOSE.—

11 (1) FINDINGS.—Congress makes the following 

12 findings: 

13 (A) Over the past decade, DNA testing has 

14 emerged as the most reliable forensic technique 

15 for identifying criminals when biological mate16 rial is left at a crime scene. 

17 (B) Because of its scientific precision, 

18 DNA testing can, in some cases, conclusively 

19 establish the guilt or innocence of a criminal 

20 defendant. In other cases, DNA testing may not 

21 conclusively establish guilt or innocence, but 

22 may have significant probative value to a finder 

23 of fact. 

24 (C) While DNA testing is increasingly 

25 commonplace in pretrial investigations today, it 
429

•S 22 IS 

1 was not widely available in cases tried prior to 

2 1994. Moreover, new forensic DNA testing pro3 cedures have made it possible to get results 

4 from minute samples that could not previously 

5 be tested, and to obtain more informative and 

6 accurate results than earlier forms of forensic 

7 DNA testing could produce. Consequently, in 

8 some cases convicted inmates have been exoner9 ated by new DNA tests after earlier tests had 

10 failed to produce definitive results. 

11 (D) Since DNA testing is often feasible on 

12 relevant biological material that is decades old, 

13 it can, in some circumstances, prove that a con14 viction that predated the development of DNA 

15 testing was based upon incorrect factual find16 ings. Uniquely, DNA evidence showing inno17 cence, produced decades after a conviction, pro18 vides a more reliable basis for establishing a 

19 correct verdict than any evidence proffered at 

20 the original trial. DNA testing, therefore, can 

21 and has resulted in the post-conviction exonera22 tion of innocent men and women. 

23 (E) In more than 100 cases in the United 

24 States, DNA evidence has led to the exonera25 tion of innocent men and women who were 
430

•S 22 IS 

1 wrongfully convicted. This number includes at 

2 least 12 individuals sentenced to death, some of 

3 whom came within days of being executed. 

4 (F) In more than a dozen cases, post-con5 viction DNA testing that has exonerated an in6 nocent person has also enhanced public safety 

7 by providing evidence that led to the identifica8 tion of the actual perpetrator. 

9 (G) Experience has shown that it is not 

10 unduly burdensome to make DNA testing avail11 able to inmates. The cost of that testing is rel12 atively modest and has decreased in recent 

13 years. Moreover, the number of cases in which 

14 post-conviction DNA testing is appropriate is 

15 small, and will decrease as pretrial testing be16 comes more common. 

17 (H) Under current law in many States, it 

18 is difficult to obtain post-conviction DNA test19 ing because of time limits on introducing newly 

20 discovered evidence. Motions for a new trial 

21 based on newly discovered evidence must be 

22 made not later than 2 years after conviction, 

23 and sometimes much sooner. The result is that 

24 laws intended to prevent the use of evidence 

25 that has become less reliable over time have
431

•S 22 IS 

1 been used to preclude the use of DNA evidence 

2 that remains highly reliable even decades after 

3 trial. 

4 (I) Since New York passed the Nation’s 

5 first post-conviction DNA statute in 1994, a 

6 number of States have adopted post-conviction 

7 DNA testing procedures, but some of these pro8 cedures are unduly restrictive, and many States 

9 have not adopted such procedures. 

10 (J) In Herrera v. Collins, 506 U.S. 390 

11 (1993), a majority of the members of the Su12 preme Court suggested that a persuasive show13 ing of innocence made after trial would render 

14 the execution of an inmate unconstitutional. 

15 The principle is no different for one who has 

16 been sentenced not to death, but to a term of 

17 extended incarceration. 

18 (K) It shocks the conscience and offends 

19 social standards of fairness to deny inmates a 

20 right of access to evidence for tests that could 

21 produce persuasive evidence of their innocence. 

22 (L) If biological material is not subjected 

23 to DNA testing in appropriate cases, there is a 

24 significant risk that persuasive evidence of inno25 cence will not be detected and, accordingly, that 
432

•S 22 IS 

1 innocent persons will be unconstitutionally in2 carcerated or executed. 

3 (M) Given the irremediable constitutional 

4 harm that would result from the punishment of 

5 an innocent person, a Federal statute assuring 

6 access to evidence for the purpose of DNA test7 ing is a congruent and proportional prophy8 lactic measure to prevent constitutional injuries 

9 from occurring. 

10 (2) PURPOSE.—The purpose of this section is 

11 to prevent the imposition of unconstitutional punish12 ments through the exercise of power granted by 

13 clause 1 of section 8 and clause 2 of section 9 of ar14 ticle I of the Constitution of the United States and 

15 section 5 of the 14th amendment to the Constitution 

16 of the United States. 

17 (b) APPLICATION FOR DNA TESTING.—No State 

18 shall deny a prisoner in State custody access to evidence 

19 for the purpose of DNA testing, if the proposed DNA test20 ing has the scientific potential to produce new, noncumu21 lative evidence which is material to the claim of the pris22 oner that the prisoner did not commit, and which raises 

23 a reasonable probability that the prisoner would not have 

24 been convicted of—
433

•S 22 IS 

1 (1) the crime of which the prisoner was con2 victed; or 

3 (2) if the prisoner was sentenced to death, any 

4 other offense that a sentencing authority may have 

5 relied upon when it sentenced the prisoner to death. 

6 (c) REMEDY.—A prisoner in State custody may en7 force subsection (b) in a civil action for declaratory or in8 junctive relief, filed either in a State court of general juris9 diction or in a district court of the United States, naming 

10 an executive or judicial officer of the State as defendant. 

11 (d) FINALITY RULE UNAFFECTED.—An application 

12 under this section shall not be considered an application 

13 for a writ of habeas corpus under section 2254 of title 

14 28, United States Code, for purposes of determining 

15 whether it or any other application is a second or succes16 sive application under such section 2254. 

17 SEC. 6104. GRANTS TO PROSECUTORS FOR DNA TESTING 

18 PROGRAMS. 

19 Section 501(b) of title I of the Omnibus Crime Con20 trol and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) 

21 is amended—

22 (1) in paragraph (27), as added by Public Law 

23 106–177, by striking ‘‘and’’ after the semicolon; 

24 (2) in paragraph (28), by striking the period 

25 and inserting a semicolon; 
434

•S 22 IS 

1 (3) by redesignating paragraph (27), as added 

2 by Public Law 106–561, as paragraph (29); 

3 (4) in paragraph (29), as redesignated by para4 graph (3), by striking the period at the end and in5 serting ‘‘; and’’; and 

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

7 ‘‘(30) prosecutor-initiated programs to conduct 

8 a systematic review of convictions to identify cases 

9 in which DNA testing is appropriate and to offer 

10 DNA testing to inmates in such cases.’’.

11 Subtitle B—Improving State Sys12 tems for Providing Competent 

13 Legal Services in Capital Cases 

14 SEC. 6201. CAPITAL REPRESENTATION SYSTEM IMPROVE15 MENT GRANTS. 

16 (a) GRANT AUTHORIZATION.—The Attorney General 

17 shall make available grants to States for the purpose of 

18 improving the quality of legal representation provided to 

19 indigent defendants in State capital cases. 

20 (b) DEFINITION.—In this subtitle, the term ‘‘legal 

21 representation’’ means legal counsel and investigative, ex22 pert, and other services necessary for competent represen23 tation. 

24 (c) PURPOSES.—Grants awarded under subsection 

25 (a) shall—
435

•S 22 IS 

1 (1) be used to establish, implement, or improve 

2 an effective system described in subsection (d) for 

3 providing competent legal representation to—

4 (A) indigents charged with an offense sub5 ject to capital punishment; 

6 (B) indigents who have been sentenced to 

7 death and who seek appellate or collateral relief 

8 in State court; and 

9 (C) indigents who have been sentenced to 

10 death and who seek review in the Supreme 

11 Court of the United States; 

12 (2) supplement, not supplant, existing State 

13 and local funding; and 

14 (3) not be used to fund representation in par15 ticular cases. 

16 (d) EFFECTIVE SYSTEM.—An effective system for 

17 providing competent legal representation is a system 

18 that—

19 (1) invests the responsibility for identifying and 

20 appointing qualified attorneys to represent indigents 

21 in capital cases in an entity that—

22 (A) is established by statute or by the 

23 highest State court with jurisdiction in criminal 

24 cases;
436

•S 22 IS 

1 (B) carries out its core functions independ2 ently of the executive, legislative, and judicial 

3 branches of State government, provided that 

4 the participation of appellate judges is not pre5 cluded; and 

6 (C) may be structured to take account of 

7 the size and demography of the State; 

8 (2) requires the entity described in paragraph 

9 (1) to—

10 (A) establish qualifications for attorneys 

11 who may be appointed to represent indigents in 

12 capital cases; 

13 (B) establish and maintain a roster of 

14 qualified attorneys; 

15 (C) appoint 2 attorneys from the roster to 

16 represent an indigent in a capital case upon re17 ceiving notice of the need; 

18 (D) provide for periodic training programs 

19 for attorneys representing indigents in capital 

20 cases; and 

21 (E) monitor the performance of attorneys 

22 who are appointed and their attendance at 

23 training programs, and remove from the roster 

24 attorneys who fail to deliver effective represen25 tation or who fail to comply with such require-
437

•S 22 IS 

1 ments as the entity may establish regarding 

2 training programs; and 

3 (3) provides attorneys appointed to represent 

4 indigents in capital cases—

5 (A) reasonable compensation for actual 

6 time and service, computed on an hourly basis, 

7 at a rate of compensation that is comparable 

8 (subject to cost of living differences among 

9 States) to the rate typically paid to attorneys 

10 appointed to represent capital clients in Federal 

11 court proceedings, except that the requirement 

12 of reasonable compensation shall not be inter13 preted to require a State to compensate counsel 

14 at a rate in excess of the Federal rate; and 

15 (B) reasonable reimbursement for the costs 

16 of staff, investigators, experts, tests and other 

17 support services in a manner comparable to the 

18 manner in which such expenses are reimbursed 

19 in Federal capital cases. 

20 (e) FACTORS.—In determining whether to include or 

21 maintain an attorney on the roster of attorneys who may 

22 be appointed to represent indigents in capital cases, an 

23 entity described in subsection (d)(1) shall—

24 (1) consider whether, during the past 5 years, 

25 the attorney—
438

•S 22 IS 

1 (A) has been sanctioned by a bar associa2 tion or court for ethical misconduct relating to 

3 the attorney’s conduct as defense counsel in a 

4 felony case in Federal or State court; 

5 (B) has been found, after a final deter6 mination by a Federal or State court, to have 

7 rendered constitutionally ineffective assistance 

8 of counsel in a felony case in Federal or State 

9 court; or 

10 (C) has asserted under oath or in writing 

11 in relation to 3 or more felony cases in Federal 

12 or State court that he or she has rendered con13 stitutionally ineffective assistance of counsel, re14 gardless of whether a court found the attorney 

15 to have rendered such ineffective assistance; 

16 and 

17 (2) if a consideration in paragraph (1) pertains, 

18 consider the nature of the act or omission that led 

19 to that sanction, finding, or assertion. 

20 (f) APPLICATIONS.—

21 (1) IN GENERAL.—The Attorney General shall 

22 establish a process by which States may apply for a 

23 grant under this section. 
439

•S 22 IS 

1 (2) REQUIREMENTS.—Each application shall 

2 include, in addition to such other information as the 

3 Attorney General may reasonably require—

4 (A) a description of the communities to be 

5 served by the grant, including the nature of ex6 isting capital defender services within such com7 munities; 

8 (B) assurances that Federal funds received 

9 under this section shall be used to supplement 

10 and not supplant non-Federal funds that would 

11 otherwise be available for activities funded 

12 under this section; 

13 (C) a long-term statewide strategy and de14 tailed implementation plan that reflects con15 sultation with the judiciary, the organized bar, 

16 and the attorney general of the State; 

17 (D) a plan for obtaining necessary re18 sources to maintain the system following termi19 nation of Federal support; and 

20 (E) the State’s agreement to submit to en21 forcement suits under section 6202. 

22 (g) FEDERAL SHARE.—The Attorney General shall 

23 establish a schedule to ensure that the Federal share of 

24 total expenditures to carry out the purposes of a grant 

25 under this section shall decrease and the State’s share 
440

•S 22 IS 

1 shall increase over the years in which a State receives as2 sistance under this section, except that a State shall have 

3 no obligation to match any portion of the Federal expendi4 ture in the first fiscal year in which it receives such assist5 ance. 

6 (h) REPORT.—Each State receiving funds under this 

7 section shall submit an annual report to the Attorney Gen8 eral—

9 (1) explaining the activities carried out with the 

10 funds received; 

11 (2) evaluating the effectiveness of such activi12 ties in establishing or maintaining an effective sys13 tem; and 

14 (3) containing such additional information as 

15 the Attorney General may require. 

16 (i) MONITORING.—

17 (1) IN GENERAL.—The Attorney General shall 

18 monitor whether a State receiving funds under this 

19 section maintains an effective system within the 

20 meaning of this section. 

21 (2) COMPLIANCE.—If the Attorney General 

22 finds that a State does not maintain an effective 

23 system, he shall direct the State to take such meas24 ures as he deems necessary to achieve compliance 

25 with the terms of the grant and may enforce such 
441

•S 22 IS 

1 measures in Federal district court. A State may 

2 challenge the need for such measures in Federal dis3 trict court. 

4 (3) ENFORCEMENT SUIT.—An enforcement suit 

5 under section 6202 shall lie regardless of whether 

6 the Attorney General takes action under paragraph 

7 (2). 

8 (j) REPORTS TO CONGRESS.— 

9 (1) ATTORNEY GENERAL.—Not later than 90 

10 days after the end of each fiscal year for which 

11 grants are made under this section, the Attorney 

12 General shall submit a report to Congress that in13 cludes the size of the grant made under this section 

14 to each State for such fiscal year and an assessment 

15 of each State’s system for providing competent legal 

16 representation to indigents in capital cases. 

17 (2) GAO.—Not later than 30 months after the 

18 date of enactment of this Act, and every 24 months 

19 thereafter if grants were made under this section 

20 during the preceding 24-month period, the General 

21 Accounting Office shall submit a report to Congress 

22 that includes, with respect to each State that pre23 scribes, authorizes, or permits the penalty of death 

24 for any offense—
442

•S 22 IS 

1 (A) a detailed description of any system 

2 for providing representation, including counsel 

3 and investigative, expert, and other services 

4 necessary for effective representation, to indi5 gent persons in capital cases; 

6 (B) an evaluation of the effectiveness of 

7 such system in providing such representation, 

8 including an assessment as to whether such sys9 tem includes the elements set forth in sub10 section (d); and 

11 (C) a summary of the amounts actually 

12 paid by governmental entities for such represen13 tation during the fiscal years covered by the re14 port. 

15 (k) AUTHORIZATION OF APPROPRIATIONS.—To carry 

16 out this section there are authorized to be appropriated—

17 (1) for fiscal year 2003, $50,000,000; 

18 (2) for fiscal year 2004, $75,000,000; 

19 (3) for fiscal year 2005, $100,000,000; 

20 (4) for fiscal year 2006, $100,000,000; 

21 (5) for fiscal year 2007, $75,000,000; and 

22 (6) for fiscal year 2008, $50,000,000. 

23 (l) SPECIAL AUTHORIZATION RULE.—In any fiscal 

24 year in which the amount appropriated under this section 

25 falls below the amount authorized, the Attorney General 
443

•S 22 IS 

1 shall expend such portion of the sum appropriated to carry 

2 out the programs under parts D and E of title I of the 

3 Omnibus Crime Control and Safe Streets Act of 1968 (re4 ferred to in this subsection as the ‘‘Byrne programs’’), or 

5 any successor programs, as is necessary to ensure that the 

6 program authorized in this section is funded at the author7 ized amount, provided that in no event shall the portion 

8 of the funding for the Byrne programs used for this pur9 pose exceed 10 percent of the sums appropriated for the 

10 Byrne programs. 

11 (m) CONFORMING CHANGE.—Section 506 of the Om12 nibus Crime Control and Safe Streets Act of 1968 (42 

13 U.S.C. 3756) is amended by adding at the end the fol14 lowing: 

15 ‘‘(g) RULE.—Funding under this section is subject 

16 to the special authorization rule set forth at section 

17 6201(l) of the Innocence Protection Act of 2003.’’. 

18 SEC. 6202. ENFORCEMENT SUITS. 

19 (a) RIGHT OF ACTION.—A person, acting on his own 

20 behalf and on behalf of the United States, may commence 

21 a civil action in a United States district court against an 

22 executive officer of a State that receives a grant under 

23 section 6201, alleging that the officer fails to maintain an 

24 effective system for providing competent legal representa25 tion in capital cases within the meaning of section 6201. 
444

•S 22 IS 

1 (b) LIMITATIONS.—

2 (1) IN GENERAL.—A suit may not be brought 

3 under this section prior to the date that is 1 year 

4 after the date on which the State receives a grant 

5 under section 6201. 

6 (2) REFILING SUIT.—A suit dismissed with 

7 prejudice may not be refiled within 1 year of the 

8 date on which the first suit was dismissed. 

9 (c) CONSOLIDATION.—All suits pending at the same 

10 time in 1 or more Federal districts against the executive 

11 officers of a single State shall be consolidated. 

12 (d) PROCEDURE.—

13 (1) SERVICE.—A person who files a civil action 

14 authorized by subsection (a) shall serve a copy of the 

15 complaint to the Attorney General of the United 

16 States. 

17 (2) INTERVENTION.—Not later than 90 days 

18 after a filing under paragraph (1), the Attorney 

19 General shall either intervene in the action or notify 

20 both the person who filed the action and the Court 

21 that the United States declines to intervene. 

22 (3) UNITED STATES DECLINES.—If the United 

23 States declines to intervene, the person who filed the 

24 action shall be entitled to conduct the action. 
445

•S 22 IS 

1 (4) LATER INTERVENTION.—The United States 

2 may intervene at a later time only with leave of 

3 Court on a showing of good cause. 

4 (5) EFFECT OF UNITED STATES INTERVEN5 TION.—If the United States intervenes—

6 (A) the Attorney General shall assume re7 sponsibility for conducting the action; and 

8 (B) the person who filed the action shall be 

9 entitled to continue as a party and to partici10 pate in all formal and informal pretrial, trial, 

11 and appellate proceedings, including settlement 

12 negotiations. 

13 (e) RELIEF.—

14 (1) IN GENERAL.—If the court concludes that 

15 the State system, for which the officer named as de16 fendant is responsible, is not effective within the 

17 meaning of section 6201(d), or fails to meet any 

18 other condition established by the Attorney General 

19 under that section, the court shall order appropriate 

20 declaratory or injunctive relief. 

21 (2) COSTS; FEES.—The court shall also award 

22 costs and fees, including attorney and expert witness 

23 fees, to the person who commenced the action. 

24 (f) STATUS OF GRANT.—
446

•S 22 IS 

1 (1) IN GENERAL.—The pendency of a suit 

2 under this section shall not result in suspension of 

3 the grant under section 6201, except as a court may 

4 order. 

5 (2) ALTERNATIVE GRANT DISBURSEMENT.—If 

6 the court finds that the State system, for which the 

7 officer named as defendant is responsible, will not 

8 become effective in a reasonable period of time, it 

9 may order that the grant be disbursed pursuant to 

10 section 6203. 

11 SEC. 6203. GRANTS TO QUALIFIED CAPITAL DEFENDER OR12 GANIZATIONS. 

13 (a) ALTERNATIVE GRANTS.—

14 (1) IN GENERAL.—If a State that authorizes 

15 capital punishment does not seek or does not qualify 

16 for a grant under section 6201, the Attorney Gen17 eral shall award a grant to 1 or more qualified cap18 ital defender organizations in that State in an 

19 amount determined under subsection (d). 

20 (2) LIMITATION.—A grant under this section 

21 may not be made to an organization to provide serv22 ices in a State in the same fiscal year that State re23 ceives a grant under section 6201 except pursuant 

24 to section 6202(f).
447

•S 22 IS 

1 (b) QUALIFIED CAPITAL DEFENDER ORGANIZA2 TIONS.—A qualified capital defender organization eligible 

3 to receive a grant under this section is a nonprofit organi4 zation or public defender organization comprised of attor5 neys who specialize or have substantial experience in pro6 viding legal services in the State to defendants in capital 

7 cases. 

8 (c) USES OF FUNDS.—Grants made under this sec9 tion may be used to—

10 (1) strengthen systems for providing competent 

11 legal representation to—

12 (A) indigents charged with an offense sub13 ject to capital punishment; 

14 (B) indigents who have been sentenced to 

15 death and who seek appellate or collateral relief 

16 in State court; and 

17 (C) indigents who have been sentenced to 

18 death and who seek review in the Supreme 

19 Court of the United States; 

20 (2) recruit and train attorneys to provide com21 petent legal representation in capital cases; and 

22 (3) augment the organization’s resources for 

23 providing competent legal representation in capital 

24 cases. 
448

•S 22 IS 

1 (d) FORMULA.—A grant under subsection (a) shall 

2 not be more than the amount that results from calculating 

3 X percent of the sum appropriated to carry out section 

4 6201 pursuant to subsections (k) and (l) of that section, 

5 and shall not be less than one-half that amount, where 

6 X equals the general population of the State in which the 

7 grantee will provide services divided by the aggregate gen8 eral population of all States that authorize the death pen9 alty. 

10 (e) PROHIBITION.—Grants made under this section 

11 may not be used to sponsor any political activities, except 

12 that—

13 (1) a grantee may use grant funds to respond 

14 to requests from a legislative entity regarding activi15 ties under the grant; and 

16 (2) nothing in this section shall interfere with 

17 an attorney’s duty to represent a client consistent 

18 with applicable ethical rules. 

19 (f) CONSIDERATIONS.—

20 (1) IN GENERAL.—In selecting which qualified 

21 capital defender organization or organizations pro22 viding services in a State shall be awarded a grant 

23 under this section, the Attorney General shall con24 sider whether an organization—
449

•S 22 IS 

1 (A) has been found to have filed large 

2 numbers of frivolous claims in State capital 

3 cases, with the effect of unreasonably delaying 

4 or otherwise interfering with the State’s admin5 istration of its capital sentencing scheme; or 

6 (B) employs 1 or more attorneys who, dur7 ing the past 5 years—

8 (i) has been sanctioned by a bar asso9 ciation or court for ethical misconduct re10 lating to the attorney’s conduct as defense 

11 counsel in a felony case in Federal or State 

12 court; 

13 (ii) has been found, after a final de14 termination by a Federal or State court, to 

15 have rendered constitutionally ineffective 

16 assistance of counsel in a felony case in 

17 Federal or State court; or 

18 (iii) has asserted under oath or in 

19 writing in relation to 3 or more felony 

20 cases in Federal or State court that he or 

21 she has rendered constitutionally ineffec22 tive assistance of counsel, regardless of 

23 whether a court has found the attorney to 

24 have rendered such ineffective assistance. 
450

•S 22 IS 

1 (2) NATURE OF THE ACT.—If a consideration 

2 in paragraph (1)(B) pertains, the Attorney General 

3 shall further consider the nature of the act or omis4 sion that led to the sanction, finding, or assertion. 

5 (3) NOTICE.—If the Attorney General intends 

6 to deny a grant to an organization based in whole 

7 or in part on a consideration described in paragraph 

8 (1), the Attorney General shall notify, in writing, 

9 both the organization and the House and Senate 

10 Committees on the Judiciary, describing with speci11 ficity the basis for such finding. No grant under this 

12 section shall be denied until 30 days after such noti13 fication is provided. 

14 (4) CONSULTATION.—In carrying out this sec15 tion, the Attorney General shall consult with the At16 torney General and appropriate judicial officials and 

17 officials of the organized bar of the State in which 

18 an organization provides services. 

19 SEC. 6204. GRANTS TO TRAIN PROSECUTORS, DEFENSE 

20 COUNSEL, AND STATE AND LOCAL JUDGES 

21 HANDLING STATE CAPITAL CASES. 

22 (a) COMPETENT COUNSEL GRANT PROGRAM.—The 

23 State Justice Institute Act of 1984 (42 U.S.C. 10701 et 

24 seq.) is amended by inserting after section 207 the fol25 lowing: 
451

•S 22 IS 

1 ‘‘SEC. 207A. GRANTS TO TRAIN DEFENSE COUNSEL. 

2 ‘‘(a) GRANTS AUTHORIZED.—The Institute may 

3 make grants to States and units of local government to 

4 conduct training programs to improve the performance 

5 and competency of defense counsel representing defend6 ants charged with capital offenses in State and local 

7 courts. 

8 ‘‘(b) ELIGIBILITY.—Grants authorized by this section 

9 may only be made for the training of defense counsel in 

10 a State that has capital punishment. 

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

12 are authorized to be appropriated $15,000,000 for fiscal 

13 years 2003 through 2007 to carry out this section. 

14 ‘‘SEC. 207B. GRANTS TO TRAIN STATE AND LOCAL JUDGES. 

15 ‘‘(a) GRANTS AUTHORIZED.—The Institute may 

16 make grants to State and local courts to conduct programs 

17 to train trial judges in handling capital cases. 

18 ‘‘(b) ELIGIBILITY.—Grants authorized by this section 

19 may only be made to a State or local court in a State 

20 that has capital punishment. 

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

22 are authorized to be appropriated $15,000,000 for fiscal 

23 years 2003 through 2007 to carry out this section.’’. 

24 (b) GRANTS TO TRAIN PROSECUTORS.—

25 (1) GRANTS AUTHORIZED.—The Attorney Gen26 eral may make grants to States and units of local
452

•S 22 IS 

1 government to conduct programs to train prosecu2 tors in handling capital cases. 

3 (2) ELIGIBILITY.—Grants authorized by this 

4 subsection may only be made to a State or unit of 

5 local government in a State that has capital punish6 ment. 

7 (3) AUTHORIZATION OF APPROPRIATIONS.—

8 There are authorized to be appropriated 

9 $15,000,000 for fiscal years 2003 through 2007 to 

10 carry out this subsection. 

11 Subtitle C—Right to Review of the 

12 Death Penalty upon the Grant 

13 of Certiorari

14 SEC. 6301. PROTECTING THE RIGHTS OF DEATH ROW IN15 MATES TO REVIEW OF CASES GRANTED CER16 TIORARI. 

17 Section 2101 of title 28, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(h) Upon notice that the requisite number of jus20 tices of the Supreme Court have voted to grant certiorari, 

21 the Director of the Bureau of Prisons, the Secretary of 

22 a military branch, or any other Federal official with au23 thority to carry out a death sentence, shall suspend the 

24 execution of the sentence of death until the Supreme 
453

•S 22 IS 

1 Court enters a stay of execution or until certiorari is acted 

2 upon and the case is disposed of by the Supreme Court. 

3 ‘‘(i) For purposes of this section, the Supreme Court 

4 shall treat a motion for a stay of execution as a petition 

5 for certiorari. 

6 ‘‘(j) In an appeal from, or petition for certiorari in, 

7 a case in which the sentence is death, a stay of execution 

8 shall immediately issue if the requisite number of justices 

9 vote to grant certiorari. The stay shall remain in effect 

10 until the Supreme Court disposes of the case.’’. 

11 Subtitle D—Compensation for the 

12 Wrongfully Convicted 

13 SEC. 6401. INCREASED COMPENSATION IN FEDERAL CASES. 

14 Section 2513(e) of title 28, United States Code, is 

15 amended by striking ‘‘$5,000’’ and inserting ‘‘$10,000 for 

16 each 12-month period of incarceration’’. 

17 SEC. 6402. SENSE OF CONGRESS REGARDING COMPENSA18 TION IN STATE DEATH PENALTY CASES. 

19 It is the sense of Congress that States should provide 

20 reasonable compensation to any person found to have been 

21 unjustly convicted of an offense against the State and sen22 tenced to death. 
454

•S 22 IS 

1 Subtitle E—Student Loan 

2 Repayment for Public Attorneys 

3 SEC. 6501. STUDENT LOAN REPAYMENT FOR PUBLIC AT4 TORNEYS. 

5 (a) IN GENERAL.—The Higher Education Act of 

6 1965 is amended by inserting after section 428K (20 

7 U.S.C. 1078–11) the following: 

8 ‘‘SEC. 428L. LOAN FORGIVENESS FOR PUBLIC ATTORNEYS. 

9 ‘‘(a) PURPOSE.—The purpose of this section is to en10 courage qualified individuals to enter and continue em11 ployment as prosecutors and public defenders. 

12 ‘‘(b) DEFINITIONS.—In this section: 

13 ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ 

14 means a full-time employee of a State or local agen15 cy who—

16 ‘‘(A) is continually licensed to practice law; 

17 and 

18 ‘‘(B) prosecutes criminal cases at the State 

19 or local level. 

20 ‘‘(2) PUBLIC DEFENDER.—The term ‘public de21 fender’ means an attorney who—

22 ‘‘(A) is continually licensed to practice law; 

23 and 

24 ‘‘(B) is a full-time employee of a State or 

25 local agency, or of a nonprofit organization op-
455

•S 22 IS 

1 erating under a contract with a State or unit of 

2 local government, which provides legal represen3 tation services to indigent persons charged with 

4 criminal offenses. 

5 ‘‘(3) STUDENT LOAN.—The term ‘student loan’ 

6 means—

7 ‘‘(A) a loan made, insured, or guaranteed 

8 under this part; 

9 ‘‘(B) a loan made under part D or E; and 

10 ‘‘(C) a health education assistance loan 

11 made or ensured under part A of title VII of 

12 the Public Health Service Act (42 U.S.C. 292 

13 et seq.) or under part E of title VIII of such 

14 Act (42 U.S.C. 297a et seq.). 

15 ‘‘(c) PROGRAM AUTHORIZED.—For the purpose of 

16 encouraging qualified individuals to enter and continue 

17 employment as prosecutors and public defenders, the Sec18 retary shall carry out a program, through the holder of 

19 a loan, of assuming the obligation to repay (by direct pay20 ments on behalf of a borrower) a qualified loan amount 

21 for a loan made under section 428 or 428H, in accordance 

22 with subsection (d), for any borrower who—

23 ‘‘(1) is employed as a prosecutor or public de24 fender; and 
456

•S 22 IS 

1 ‘‘(2) is not in default on a loan for which the 

2 borrower seeks forgiveness. 

3 ‘‘(d) TERMS OF AGREEMENT.—

4 ‘‘(1) IN GENERAL.—To be eligible to receive re5 payment benefits under this section, a borrower shall 

6 enter into a written agreement that specifies that— 

7 ‘‘(A) the borrower will remain employed as 

8 a prosecutor or public defender for a required 

9 period of service specified in the agreement (but 

10 not less than 3 years), unless involuntarily sep11 arated from that employment; 

12 ‘‘(B) if the borrower is involuntarily sepa13 rated from that employment on account of mis14 conduct, or voluntarily separates from that em15 ployment, before the end of the period specified 

16 in the agreement, the borrower will repay the 

17 Secretary the amount of any benefits received 

18 by such employee under this section; 

19 ‘‘(C) if the borrower is required to repay 

20 an amount to the Secretary under subpara21 graph (B) and fails to repay the amount de22 scribed in subparagraph (B), a sum equal to 

23 the amount is recoverable by the Government 

24 from the employee (or such employee’s estate, if 

25 applicable) by such method as is provided by
457

•S 22 IS 

1 law for the recovery of amounts owing to the 

2 Government; 

3 ‘‘(D) the Secretary may waive, in whole or 

4 in part, a right of recovery under this sub5 section if it is shown that recovery would be 

6 against equity and good conscience or against 

7 the public interest; and 

8 ‘‘(E) the Secretary shall make student loan 

9 payments under this section for the period of 

10 the agreement, subject to the availability of ap11 propriations. 

12 ‘‘(2) REPAYMENTS.—Any amount repaid by, or 

13 recovered from, an individual (or an estate) under 

14 this subsection shall be credited to the appropriation 

15 account from which the amount involved was origi16 nally paid. Any amount so credited shall be merged 

17 with other sums in such account and shall be avail18 able for the same purposes and period, and subject 

19 to the same limitations (if any), as the sums with 

20 which the amount was merged. 

21 ‘‘(3) LIMITATIONS.—

22 ‘‘(A) STUDENT LOAN PAYMENT

23 AMOUNT.—Student loan payments made by the 

24 Secretary under this section shall be made sub25 ject to such terms, limitations, or conditions as 
458

•S 22 IS 

1 may be mutually agreed to by the borrower con2 cerned and the Secretary in the agreement de3 scribed in this subsection, except that the 

4 amount paid by the Secretary under this section 

5 may not exceed—

6 ‘‘(i) $6,000 for any borrower in any 

7 calendar year; or 

8 ‘‘(ii) a total of $40,000 in the case of 

9 any borrower. 

10 ‘‘(B) BEGINNING OF PAYMENTS.—Nothing 

11 in this section shall be construed to authorize 

12 the Secretary to pay any amount to reimburse 

13 a borrower for any repayments made by such 

14 borrower prior to the date on which the Sec15 retary entered into an agreement with the em16 ployee under this subsection. 

17 ‘‘(e) ADDITIONAL AGREEMENTS.—On completion of 

18 the required period of service under such an agreement, 

19 the borrower concerned and the Secretary may enter into 

20 an additional agreement described in subsection (d) for 

21 a successive period of service specified in the agreement 

22 (which may be less than 3 years). 

23 ‘‘(f) AWARD BASIS; PRIORITY.—

24 ‘‘(1) AWARD BASIS.—The Secretary shall pro25 vide repayment benefits under this section on a first-
459

•S 22 IS 

1 come, first-served basis (subject to paragraph (2)) 

2 and subject to the availability of appropriations. 

3 ‘‘(2) PRIORITY.—The Secretary shall give pri4 ority in providing repayment benefits under this sec5 tion for a fiscal year to a borrower who— 

6 ‘‘(A) received repayment benefits under 

7 this section for the preceding fiscal year; and 

8 ‘‘(B) has completed less than 3 years of 

9 the first required period of service specified for 

10 the borrower in an agreement entered into 

11 under subsection (d). 

12 ‘‘(g) REGULATIONS.—The Secretary is authorized to 

13 issue such regulations as may be necessary to carry out 

14 the provisions of this section. 

15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary to carry out this section for each fiscal year.’’. 

18 (b) CANCELLATION OF LOANS.—

19 (1) AMENDMENT.—Section 465(a)(2)(F) of the 

20 Higher Education Act of 1965 (20 U.S.C. 

21 1087ee(a)(2)(F)) is amended by inserting ‘‘, or as a 

22 public defender (as defined in section 428L)’’ after 

23 ‘‘agencies’’. 

24 (2) EFFECTIVE DATE.—The amendment made 

25 by this subsection shall apply to—
460

•S 22 IS 

1 (A) eligible loans made before, on, or after 

2 the date of enactment of this Act; and 

3 (B) service as a public defender that is 

4 provided on or after the date of enactment of 

5 this Act. 

6 (3) CONSTRUCTION.—Nothing in this sub7 section or the amendment made by this subsection 

8 shall be construed to authorize the Secretary to pay 

9 any amount to reimburse a borrower for any repay10 ments made by such borrower prior to the date on 

11 which the borrower became eligible for cancellation 

12 under section 465(a) of the Higher Education Act of 

13 1965 (20 U.S.C. 1087ee(a)). 

14 TITLE VII—STRENGTHENING 

15 THE FEDERAL CRIMINAL LAWS 

16 Subtitle A—Anti-Atrocity Alien 

17 Deportation Act 

18 SEC. 7101. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Anti-Atrocity Alien 

20 Deportation Act of 2003’’. 
461

•S 22 IS 

1 SEC. 7102. INADMISSIBILITY AND DEPORTABILITY OF 

2 ALIENS WHO HAVE COMMITTED ACTS OF 

3 TORTURE OR EXTRAJUDICIAL KILLINGS 

4 ABROAD. 

5 (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1182(a)(3)(E)) is amended— 

8 (1) in clause (ii), by striking ‘‘has engaged in 

9 conduct that is defined as genocide for purposes of 

10 the International Convention on the Prevention and 

11 Punishment of Genocide is inadmissible’’ and insert12 ing ‘‘ordered, incited, assisted, or otherwise partici13 pated in conduct outside the United States that 

14 would, if committed in the United States or by a 

15 United States national, be genocide, as defined in 

16 section 1091(a) of title 18, United States Code, is 

17 inadmissible’’; 

18 (2) by adding at the end the following: 

19 ‘‘(iii) COMMISSION OF ACTS OF TOR20 TURE OR EXTRAJUDICIAL KILLINGS.—Any 

21 alien who, outside the United States, has 

22 committed, ordered, incited, assisted, or 

23 otherwise participated in the commission 

24 of—
462

•S 22 IS 

1 ‘‘(I) any act of torture, as de2 fined in section 2340 of title 18, 

3 United States Code; or 

4 ‘‘(II) under color of law of any 

5 foreign nation, any extrajudicial kill6 ing, as defined in section 3(a) of the 

7 Torture Victim Protection Act of 

8 1991; 

9 is inadmissible.’’; and 

10 (3) in the subparagraph heading, by striking 

11 ‘‘PARTICIPANTS IN NAZI PERSECUTION OR GENO12 CIDE’’ and inserting ‘‘PARTICIPANTS IN NAZI PERSE13 CUTION, GENOCIDE, OR THE COMMISSION OF ANY

14 ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. 

15 (b) DEPORTABILITY.—Section 237(a)(4)(D) of the 

16 Immigration and Nationality Act (8 U.S.C. 

17 1227(a)(4)(D)) is amended— 

18 (1) by striking ‘‘clause (i) or (ii)’’ and inserting 

19 ‘‘clause (i), (ii), or (iii)’’; and 

20 (2) in the subparagraph heading, by striking 

21 ‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN

22 GENOCIDE’’ and inserting ‘‘ASSISTED IN NAZI PER23 SECUTION, PARTICIPATED IN GENOCIDE, OR COM24 MITTED ANY ACT OF TORTURE OR EXTRAJUDICIAL

25 KILLING’’. 
463

•S 22 IS 

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to offenses committed before, on, 

3 or after the date of the enactment of this Act. 

4 SEC. 7103. INADMISSIBILITY AND DEPORTABILITY OF FOR5 EIGN GOVERNMENT OFFICIALS WHO HAVE 

6 COMMITTED PARTICULARLY SEVERE VIOLA7 TIONS OF RELIGIOUS FREEDOM. 

8 (a) GROUND OF INADMISSIBILITY.—Section 

9 212(a)(2)(G) of the Immigration and Nationality Act (8 

10 U.S.C. 1182(a)(2)(G)) is amended to read as follows: 

11 ‘‘(G) FOREIGN GOVERNMENT OFFICIALS

12 WHO HAVE COMMITTED PARTICULARLY SEVERE

13 VIOLATIONS OF RELIGIOUS FREEDOM.—Any 

14 alien who, while serving as a foreign govern15 ment official, was responsible for or directly 

16 carried out, at any time, particularly severe vio17 lations of religious freedom, as defined in sec18 tion 3 of the International Religious Freedom 

19 Act of 1998, are inadmissible.’’. 

20 (b) GROUND OF DEPORTABILITY.—Section 237(a)(4) 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1227(a)(4)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(E) PARTICIPATED IN THE COMMISSION

25 OF SEVERE VIOLATIONS OF RELIGIOUS FREE-
464

•S 22 IS 

1 DOM.—Any alien described in section 

2 212(a)(2)(G) is deportable.’’. 

3 SEC. 7104. BAR TO GOOD MORAL CHARACTER FOR ALIENS 

4 WHO HAVE COMMITTED ACTS OF TORTURE, 

5 EXTRAJUDICIAL KILLINGS, OR SEVERE VIO6 LATIONS OF RELIGIOUS FREEDOM. 

7 Section 101(f) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(f)) is amended—

9 (1) by striking the period at the end of para10 graph (8) and inserting ‘‘; and’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(9) one who at any time has engaged in con13 duct described in section 212(a)(3)(E) (relating to 

14 assistance in Nazi persecution, participation in geno15 cide, or commission of acts of torture or 

16 extrajudicial killings) or 212(a)(2)(G) (relating to 

17 severe violations of religious freedom).’’. 

18 SEC. 7105. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN19 VESTIGATIONS. 

20 (a) AMENDMENT OF THE IMMIGRATION AND NA21 TIONALITY ACT.—Section 103 of the Immigration and 

22 Nationality Act (8 U.S.C. 1103) is amended by adding 

23 at the end the following: 

24 ‘‘(h) OFFICE OF SPECIAL INVESTIGATORS.—
465

•S 22 IS 

1 ‘‘(1) ESTABLISHMENT.—The Attorney General 

2 shall establish within the Criminal Division of the 

3 Department of Justice an Office of Special Inves4 tigations with the authority to detect and inves5 tigate, and, where appropriate, to take legal action 

6 to denaturalize any alien described in section 

7 212(a)(3)(E). 

8 ‘‘(2) DELEGATION OF AUTHORITY.—The Attor9 ney General may delegate to any office or other com10 ponent within the Department of Justice, all or part 

11 of the responsibility for determinations of inadmis12 sibility of aliens described in section 212(a)(3)(E), 

13 determinations of deportability under section 

14 237(a)(4)(D), or the removal, prosecution, or extra15 dition of such aliens. 

16 ‘‘(3) FACTORS TO DETERMINE APPROPRIATE

17 LEGAL ACTION.—In determining the appropriate 

18 legal action to take against an alien described in sec19 tion 212(a)(3)(E), consideration shall be given to—

20 ‘‘(A) the availability of prosecution under 

21 the laws of the United States for any conduct 

22 that may form the basis for removal and 

23 denaturalization; or 
466

•S 22 IS 

1 ‘‘(B) the removal of the alien to a foreign 

2 jurisdiction that is prepared to undertake a 

3 prosecution for such conduct.’’. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated to the Department of Justice such 

7 sums as may be necessary to carry out the addi8 tional duties established under section 103(h) of the 

9 Immigration and Nationality Act (as added by this 

10 Act) in order to ensure that the Office of Special In11 vestigations fulfills its continuing obligations regard12 ing Nazi war criminals. 

13 (2) AVAILABILITY OF FUNDS.—Amounts appro14 priated pursuant to paragraph (1) shall remain 

15 available until expended. 

16 SEC. 7106. REPORT ON IMPLEMENTATION. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Attorney General, in consultation with the 

19 Commissioner of Immigration and Naturalization, shall 

20 submit to the Committees on the Judiciary of the Senate 

21 and the House of Representatives a report on implementa22 tion of this subtitle that includes a description of—

23 (1) the procedures used to refer matters to the 

24 Office of Special Investigations and other compo25 nents within the Department of Justice in a manner
467

•S 22 IS 

1 consistent with the amendments made by this sub2 title; 

3 (2) the revisions, if any, made to immigration 

4 forms to reflect changes in the Immigration and Na5 tionality Act made by the amendments contained in 

6 this subtitle; and 

7 (3) the procedures developed, with adequate due 

8 process protection, to obtain sufficient evidence to 

9 determine whether an alien may be inadmissible 

10 under the terms of the amendments made by this 

11 subtitle. 

12 Subtitle B—Deterring Cargo Theft 

13 SEC. 7201. PUNISHMENT OF CARGO THEFT. 

14 (a) IN GENERAL.—Section 659 of title 18, United 

15 States Code, is amended—

16 (1) by striking ‘‘with intent to convert to his 

17 own use’’ each place that term appears; 

18 (2) in the first undesignated paragraph—

19 (A) by inserting ‘‘trailer,’’ after 

20 ‘‘motortruck,’’; 

21 (B) by inserting ‘‘air cargo container,’’ 

22 after ‘‘aircraft,’’; and 

23 (C) by inserting ‘‘, or from any intermodal 

24 container, trailer, container freight station, 
468

•S 22 IS 

1 warehouse, or freight consolidation facility,’’ 

2 after ‘‘air navigation facility’’; 

3 (3) in the fifth undesignated paragraph, by 

4 striking ‘‘one year’’ and inserting ‘‘3 years’’; 

5 (4) in the penultimate undesignated paragraph, 

6 by inserting after the first sentence the following: 

7 ‘‘For purposes of this section, goods and chattel 

8 shall be construed to be moving as an interstate or 

9 foreign shipment at all points between the point of 

10 origin and the final destination (as evidenced by the 

11 waybill or other shipping document of the shipment), 

12 regardless of any temporary stop while awaiting 

13 transshipment or otherwise.’’; and 

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

15 ‘‘It shall be an affirmative defense (on which the de16 fendant bears the burden of persuasion by a preponder17 ance of the evidence) to an offense under this section that 

18 the defendant bought, received, or possessed the goods, 

19 chattels, money, or baggage at issue with the sole intent 

20 to report the matter to an appropriate law enforcement 

21 officer or to the owner of the goods, chattels, money, or 

22 baggage.’’. 

23 (b) FEDERAL SENTENCING GUIDELINES.—Pursuant 

24 to section 994 of title 28, United States Code, the United 

25 States Sentencing Commission shall review the Federal 
469

•S 22 IS 

1 sentencing guidelines under section 659 of title 18, United 

2 States Code, as amended by this section and, upon com3 pletion of the review, promulgate amendments to the Fed4 eral Sentencing Guidelines to provide appropriate en5 hancement of the applicable guidelines. 

6 SEC. 7202. REPORTS TO CONGRESS ON CARGO THEFT. 

7 The Attorney General shall annually submit to Con8 gress a report, which shall include an evaluation of law 

9 enforcement activities relating to the investigation and 

10 prosecution of offenses under section 659 of title 18, 

11 United States Code, as amended by this subtitle.

12 SEC. 7203. ESTABLISHMENT OF ADVISORY COMMITTEE ON 

13 CARGO THEFT. 

14 (a) ESTABLISHMENT.—

15 (1) IN GENERAL.—There is established a Com16 mittee to be known as the Advisory Committee on 

17 Cargo Theft (in this section referred to as the 

18 ‘‘Committee’’). 

19 (2) MEMBERSHIP.—

20 (A) COMPOSITION.—The Committee shall 

21 be composed of 6 members, who shall be ap22 pointed by the President, of whom—

23 (i) 1 shall be an officer or employee of 

24 the Department of Justice; 
470

•S 22 IS 

1 (ii) 1 shall be an officer or employee 

2 of the Department of Transportation; 

3 (iii) 1 shall be an officer or employee 

4 of the Department of the Treasury; and 

5 (iv) 3 shall be individuals from the 

6 private sector who are experts in cargo se7 curity. 

8 (B) DATE.—The appointments of the ini9 tial members of the Committee shall be made 

10 not later than 30 days after the date of enact11 ment of this Act. 

12 (3) PERIOD OF APPOINTMENT; VACANCIES.—

13 Each member of the Committee shall be appointed 

14 for the life of the Committee. Any vacancy in the 

15 Committee shall not affect its powers, but shall be 

16 filled in the same manner as the original appoint17 ment. 

18 (4) INITIAL MEETING.—Not later than 15 days 

19 after the date on which all initial members of the 

20 Committee have been appointed, the Committee shall 

21 hold its first meeting. 

22 (5) MEETINGS.—The Committee shall meet, 

23 not less frequently than quarterly, at the call of the 

24 Chairperson. 
471

•S 22 IS 

1 (6) QUORUM.—A majority of the members of 

2 the Committee shall constitute a quorum, but a less3 er number of members may hold hearings. 

4 (7) CHAIRPERSON.—The President shall select 

5 1 member of the Committee to serve as the Chair6 person of the Committee. 

7 (b) DUTIES.—

8 (1) STUDY.—The Committee shall conduct a 

9 thorough study of, and develop recommendations 

10 with respect to, all matters relating to—

11 (A) the establishment of a national com12 puter database for the collection and dissemina13 tion of information relating to violations of sec14 tion 659 of title 18, United States Code (as 

15 amended by section 7201(a)); and 

16 (B) the establishment of an office within 

17 the Federal Government to promote cargo secu18 rity and to increase coordination between the 

19 Federal Government and the private sector with 

20 respect to cargo security. 

21 (2) REPORT.—Not later than 1 year after the 

22 date of enactment of this Act, the Committee shall 

23 submit to the President and to Congress a report, 

24 which shall contain a detailed statement of results of
472

•S 22 IS 

1 the study and the recommendations of the Com2 mittee under paragraph (1). 

3 (c) POWERS.—

4 (1) HEARINGS.—The Committee may hold such 

5 hearings, sit and act at such times and places, take 

6 such testimony, and receive such evidence as the 

7 Committee considers advisable to carry out the pur8 poses of this section. 

9 (2) INFORMATION FROM FEDERAL AGENCIES.—

10 The Committee may secure directly from any Fed11 eral department or agency such information as the 

12 Committee considers necessary to carry out the pro13 visions of this section. Upon request of the Chair14 person of the Committee, the head of such depart15 ment or agency shall furnish such information to the 

16 Committee. 

17 (3) POSTAL SERVICES.—The Committee may 

18 use the United States mails in the same manner and 

19 under the same conditions as other departments and 

20 agencies of the Federal Government. 

21 (4) GIFTS.—The Committee may accept, use, 

22 and dispose of gifts or donations of services or prop23 erty. 

24 (d) PERSONNEL MATTERS.—

25 (1) COMPENSATION OF MEMBERS.—
473

•S 22 IS 

1 (A) NON-FEDERAL MEMBERS.—Each 

2 member of the Committee who is not an officer 

3 or employee of the Federal Government shall be 

4 compensated at a rate equal to the daily equiva5 lent of the annual rate of basic pay prescribed 

6 for level IV of the Executive Schedule under 

7 section 5315 of title 5, United States Code, for 

8 each day (including travel time) during which 

9 such member is engaged in the performance of 

10 the duties of the Committee. 

11 (B) FEDERAL MEMBERS.—Each member 

12 of the Committee who is an officer or employee 

13 of the United States shall serve without com14 pensation in addition to that received for their 

15 service as an officer or employee of the United 

16 States. 

17 (2) TRAVEL EXPENSES.—The members of the 

18 Committee shall be allowed travel expenses, includ19 ing per diem in lieu of subsistence, at rates author20 ized for employees of agencies under subchapter I of 

21 chapter 57 of title 5, United States Code, while 

22 away from their homes or regular places of business 

23 in the performance of services for the Committee. 

24 (3) STAFF.—
474

•S 22 IS 

1 (A) IN GENERAL.—The Chairperson of the 

2 Committee may, without regard to the civil 

3 service laws and regulations, appoint and termi4 nate an executive director and such other addi5 tional personnel as may be necessary to enable 

6 the Committee to perform its duties. The em7 ployment of an executive director shall be sub8 ject to confirmation by the Committee. 

9 (B) COMPENSATION.—The Chairperson of 

10 the Committee may fix the compensation of the 

11 executive director and other personnel without 

12 regard to the provisions of chapter 51 and sub13 chapter III of chapter 53 of title 5, United 

14 States Code, relating to classification of posi15 tions and General Schedule pay rates, except 

16 that the rate of pay for the executive director 

17 and other personnel may not exceed the rate 

18 payable for level V of the Executive Schedule 

19 under section 5316 of such title. 

20 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

21 Any Federal Government employee may be detailed 

22 to the Committee without reimbursement, and such 

23 detail shall be without interruption or loss of civil 

24 service status or privilege. 
475

•S 22 IS 

1 (5) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—The Chairperson of the Com3 mittee may procure temporary and intermittent serv4 ices under section 3109(b) of title 5, United States 

5 Code, at rates for individuals which do not exceed 

6 the daily equivalent of the annual rate of basic pay 

7 prescribed for level V of the Executive Schedule 

8 under section 5316 of such title. 

9 (e) TERMINATION.—The Committee shall terminate 

10 90 days after the date on which the Committee submits 

11 the report under subsection (b)(2). 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) IN GENERAL.—There are authorized to be 

14 appropriated such sums as may be necessary to the 

15 Committee to carry out the purposes of this section. 

16 (2) AVAILABILITY.—Any sums appropriated 

17 under the authorization contained in this section 

18 shall remain available, without fiscal year limitation, 

19 until expended.

20 SEC. 7204. ADDITION OF ATTEMPTED THEFT AND COUN21 TERFEITING OFFENSES TO ELIMINATE GAPS 

22 AND INCONSISTENCIES IN COVERAGE. 

23 (a) IN GENERAL.—

24 (1) EMBEZZLEMENT AGAINST ESTATE.—Sec25 tion 153(a) of title 18, United States Code, is 
476

•S 22 IS 

1 amended by inserting ‘‘, or attempts so to appro2 priate, embezzle, spend, or transfer,’’ before ‘‘any 

3 property’’. 

4 (2) PUBLIC MONEY.—Section 641 of title 18, 

5 United States Code, is amended by striking ‘‘or’’ at 

6 the end of the first paragraph and by inserting after 

7 such paragraph the following: 

8 ‘‘Whoever attempts to commit an offense described in the 

9 preceding paragraph; or’’. 

10 (3) THEFT BY BANK EXAMINER.—Section 655 

11 of title 18, United States Code, is amended by in12 serting ‘‘or attempts to steal or so take,’’ after ‘‘un13 lawfully takes,’’. 

14 (4) THEFT, EMBEZZLEMENT, OR

15 MISAPPLICATION BY BANK OFFICER OR EM16 PLOYEE.—Sections 656 and 657 of title 18, United 

17 States Code, are each amended—

18 (A) by inserting ‘‘, or attempts to embez19 zle, abstract, purloin, or willfully misapply,’’ 

20 after ‘‘willfully misapplies’’; and 

21 (B) by inserting ‘‘or attempted to be em22 bezzled, abstracted, purloined, or misapplied’’ 

23 after ‘‘misapplied’’. 

24 (5) PROPERTY MORTGAGED OR PLEDGED TO

25 FARM CREDIT AGENCIES.—Section 658 of title 18,
477

•S 22 IS 

1 United States Code, is amended by inserting ‘‘or at2 tempts so to remove, dispose of, or convert,’’ before 

3 ‘‘any property’’. 

4 (6) INTERSTATE OR FOREIGN SHIPMENTS.—

5 Section 659 of title 18, United States Code, is 

6 amended—

7 (A) in the first and third paragraphs, by 

8 inserting ‘‘or attempts to embezzle, steal, or so 

9 take or carry away,’’ after ‘‘carries away,’’; and 

10 (B) in the fourth paragraph by inserting 

11 ‘‘or attempts to embezzle, steal, or so take,’’ be12 fore ‘‘from any railroad car’’. 

13 (7) WITHIN SPECIAL MARITIME AND TERRI14 TORIAL JURISDICTION.—Section 661 of title 18, 

15 United States Code, is amended— 

16 (A) by inserting ‘‘or attempts so to take 

17 and carry away,’’ before ‘‘any personal prop18 erty’’; and 

19 (B) by inserting ‘‘or attempted to be 

20 taken’’ after ‘‘taken’’ each place it appears. 

21 (8) THEFT OR EMBEZZLEMENT FROM EM22 PLOYEE BENEFIT PLANS.—Section 664 of title 18, 

23 United States Code, is amended by inserting ‘‘or at24 tempts to embezzle, steal, or so abstract or convert,’’ 

25 before ‘‘any of the moneys’’. 
478

•S 22 IS 

1 (9) THEFT OR EMBEZZLEMENT FROM EMPLOY2 MENT AND TRAINING FUNDS.—Section 665(a) of 

3 title 18, United States Code, is amended—

4 (A) by inserting ‘‘, or attempts to embez5 zle, so misapply, steal, or obtain by fraud,’’ be6 fore ‘‘any of the moneys’’; and 

7 (B) by inserting ‘‘or attempted to be em8 bezzled, misapplied, stolen, or obtained by 

9 fraud’’ after ‘‘obtained by fraud’’. 

10 (10) THEFT OR BRIBERY CONCERNING PRO11 GRAMS RECEIVING FEDERAL FUNDS.—Section 

12 666(a)(1)(A) of title 18, United States Code, is 

13 amended by inserting ‘‘or attempts to embezzle, 

14 steal, obtain by fraud, or so convert or misapply,’’ 

15 before ‘‘property’’. 

16 (11) FALSE PRETENSES ON HIGH SEAS.—Sec17 tion 1025 of title 18, United States Code, is amend18 ed— 

19 (A) by inserting ‘‘or attempts to obtain’’ 

20 after ‘‘obtains’’; and 

21 (B) by inserting ‘‘or attempted to be ob22 tained’’ after ‘‘obtained’’. 

23 (12) EMBEZZLEMENT AND THEFT FROM IN24 DIAN TRIBAL ORGANIZATIONS.—Section 1163 of title 

25 18, United States Code, is amended by inserting 
479

•S 22 IS 

1 ‘‘attempts so to embezzle, steal, convert, or mis2 apply,’’ after ‘‘willfully misapplies,’’. 

3 (13) THEFT FROM GROUP ESTABLISHMENTS ON

4 INDIAN LANDS.—Section 1167 (a) and (b) of title 

5 18, United States Code, are each amended by insert6 ing ‘‘or attempts so to abstract, purloin, misapply, 

7 or take and carry away,’’ before ‘‘any money’’. 

8 (14) THEFT BY OFFICERS AND EMPLOYEES OF

9 GAMING ESTABLISHMENTS ON INDIAN LANDS.—Sec10 tion 1168 (a) and (b) of title 18, United States 

11 Code, are each amended by inserting ‘‘or attempts 

12 so to embezzle, abstract, purloin, misapply, or take 

13 and carry away,’’ before ‘‘any moneys,’’. 

14 (15) THEFT OF PROPERTY USED BY THE POST15 AL SERVICE.—Section 1707 of title 18, United 

16 States Code, is amended by inserting ‘‘, or attempts 

17 to steal, purloin, or embezzle,’’ before ‘‘any prop18 erty’’ and by inserting ‘‘or attempts to appropriate’’ 

19 after ‘‘appropriates’’. 

20 (16) THEFT IN RECEIPT OF STOLEN MAIL MAT21 TER.—Section 1708 of title 18, United States Code, 

22 is amended in the second paragraph by inserting ‘‘or 

23 attempts to steal, take, or abstract,’’ after ‘‘ab24 stracts,’’ and by inserting ‘‘, or attempts so to ob25 tain,’’ after ‘‘obtains’’. 
480

•S 22 IS 

1 (17) THEFT OF MAIL MATTER BY OFFICER OR

2 EMPLOYEE.—Section 1709 of title 18, United States 

3 Code, is amended—

4 (A) by inserting ‘‘or attempts to embezzle’’ 

5 after ‘‘embezzles’’; and 

6 (B) by inserting ‘‘, or attempts to steal, 

7 abstract, or remove,’’ after ‘‘removes’’. 

8 (18) MISAPPROPRIATION OF POSTAL FUNDS.—

9 Section 1711 of title 18, United States Code, is 

10 amended by inserting ‘‘or attempts to loan, use, 

11 pledge, hypothecate, or convert to his own use,’’ 

12 after ‘‘use’’. 

13 (19) BANK ROBBERY AND INCIDENTAL

14 CRIMES.—Section 2113(b) of title 18, United States 

15 Code, is amended by inserting ‘‘or attempts so to 

16 take and carry away,’’ before ‘‘any property’’ each 

17 place it appears. 

18 (b) SECURITIES CRIMES.—

19 (1) POSSESSION OF TOOLS.—Section 477 of 

20 title 18, United States Code, is amended by insert21 ing ‘‘, or attempts so to sell, give, or deliver,’’ before 

22 ‘‘any such imprint’’. 

23 (2) UTTERING COUNTERFEIT FOREIGN OBLIGA24 TIONS OR SECURITIES.—Section 479 of title 18, 
481

•S 22 IS 

1 United States Code, is amended by inserting ‘‘or at2 tempts to utter or pass,’’ after ‘‘passes,’’. 

3 (3) MINOR COINS.—Section 490 of title 18, 

4 United States Code, is amended by inserting ‘‘at5 tempts to pass, utter, or sell,’’ before ‘‘or possesses’’. 

6 (4) SECURITIES OF STATES AND PRIVATE ENTI7 TIES.—Section 513(a) of title 18, United States 

8 Code, is amended by inserting ‘‘or attempts to 

9 utter,’’ after ‘‘utters’’. 

10 SEC. 7205. CLARIFICATION OF SCIENTER REQUIREMENT 

11 FOR RECEIVING PROPERTY STOLEN FROM 

12 AN INDIAN TRIBAL ORGANIZATION. 

13 Section 1163 of title 18, United States Code, is 

14 amended in the second paragraph by striking ‘‘so’’. 

15 SEC. 7206. LARCENY INVOLVING POST OFFICE BOXES AND 

16 POSTAL STAMP VENDING MACHINES. 

17 Section 2115 of title 18, United States Code, is 

18 amended—

19 (1) by striking ‘‘or’’ before ‘‘any building’’; 

20 (2) by inserting ‘‘or any post office box or post21 al stamp vending machine for the sale of stamps 

22 owned by the Postal Service,’’ after ‘‘used in whole 

23 or in part as a post office,’’; and 

24 (3) by inserting ‘‘or in such box or machine,’’ 

25 after ‘‘so used’’. 
482

•S 22 IS 

1 SEC. 7207. EXPANSION OF FEDERAL THEFT OFFENSES TO 

2 COVER THEFT OF VESSELS. 

3 (a) VESSEL DEFINED.—Section 2311 of title 18, 

4 United States Code, is amended by adding at the end the 

5 following: 

6 ‘‘ ‘Vessel’ means any watercraft or other contrivance 

7 used or designed for transportation or navigation on, 

8 under, or immediately above, water.’’. 

9 (b) TRANSPORTATION OF STOLEN VEHICLES; SALE

10 OR RECEIPT OF STOLEN VEHICLES.—Sections 2312 and 

11 2313 of title 18, United States Code, are each amended 

12 by striking ‘‘motor vehicle or aircraft’’ and inserting 

13 ‘‘motor vehicle, vessel, or aircraft’’. 

14 Subtitle C—Additional Improve15 ments and Corrections to the 

16 Federal Criminal Laws 

17 SEC. 7301. ENHANCED PENALTIES FOR CULTURAL HERIT18 AGE CRIMES. 

19 (a) ENHANCED PENALTY FOR ARCHAEOLOGICAL RE20 SOURCES.—Section 6(d) of the Archaeological Resources 

21 Protection Act of 1979 (16 U.S.C. 470ee(d)) is amended 

22 by striking ‘‘not more than 10,000’’ and all that follows 

23 through the end of the subsection and inserting ‘‘in ac24 cordance with title 18, United States Code, or imprisoned 

25 not more than ten years or both; but if the sum of the 

26 commercial and archaeological value of the archaeological 
483

•S 22 IS 

1 resources involved and the cost of restoration and repair 

2 of such resources does not exceed $500, such person shall 

3 be fined in accordance with title 18, United States Code, 

4 or imprisoned not more than one year, or both.’’. 

5 (b) ENHANCED PENALTY FOR EMBEZZLEMENT AND

6 THEFT FROM INDIAN TRIBAL ORGANIZATIONS.—Section 

7 1163 of title 18, United States Code, is amended by strik8 ing ‘‘five years’’ and inserting ‘‘10 years’’. 

9 (c) ENHANCED PENALTY FOR ILLEGAL TRAF10 FICKING IN NATIVE AMERICAN HUMAN REMAINS AND

11 CULTURAL ITEMS.—Section 1170 of title 18, United 

12 States Code, is amended—

13 (1) in subsection (a), by striking ‘‘or impris14 oned not more than 12 months, or both, and in the 

15 case of second or subsequent violation, be fined in 

16 accordance with this title, or imprisoned not more 

17 than 5 years’’ and inserting ‘‘imprisoned not more 

18 than 10 years’’; and 

19 (2) in subsection (b), by striking ‘‘imprisoned 

20 not more than one year’’ and all that follows 

21 through the end of the subsection and inserting ‘‘im22 prisoned not more than 10 years, or both; but if the 

23 sum of the commercial and archaeological value of 

24 the cultural items involved and the cost of restora25 tion and repair of such items does not exceed $500, 
484

•S 22 IS 

1 such person shall be fined in accordance with this 

2 title, imprisoned not more than 1 year, or both.’’.

3 SEC. 7302. ENHANCED ENFORCEMENT OF LAWS AFFECTING 

4 RACKETEER-INFLUENCED AND CORRUPT OR5 GANIZATIONS. 

6 Section 1964 of title 18, United States Code, is 

7 amended—

8 (1) in subsection (b), by inserting after ‘‘The 

9 Attorney General’’ the following: ‘‘, the Attorney 

10 General of any State, or the Securities and Ex11 change Commission’’; and 

12 (2) in subsection (d), by inserting before the pe13 riod the following: ‘‘or any State’’. 

14 SEC. 7303. INCREASED MAXIMUM CORPORATE PENALTY 

15 FOR ANTITRUST VIOLATIONS. 

16 (a) RESTRAINT OF TRADE AMONG THE STATES.—

17 Section 1 of the Sherman Act (15 U.S.C. 1) is amended 

18 by striking ‘‘$10,000,000’’ and inserting ‘‘$100,000,000’’. 

19 (b) MONOPOLIZING TRADE.—Section 2 of the Sher20 man Act (15 U.S.C. 2) is amended by striking 

21 ‘‘$10,000,000’’ and inserting ‘‘$100,000,000’’. 

22 (c) OTHER RESTRAINTS.—Section 3(a) of the Sher23 man Act (15 U.S.C. 3(a)) is amended by striking 

24 ‘‘$10,000,000’’ and inserting ‘‘$100,000,000’’. 
485

•S 22 IS 

1 SEC. 7304. TECHNICAL CORRECTION TO ENSURE COMPLI2 ANCE OF SENTENCING GUIDELINES WITH 

3 PROVISIONS OF ALL FEDERAL STATUTES. 

4 Section 994(a) of title 28, United States Code, is 

5 amended by striking ‘‘consistent with all pertinent provi6 sions of this title and title 18, United States Code,’’ and 

7 inserting ‘‘consistent with all pertinent provisions of any 

8 Federal statute’’. 

9 SEC. 7305. INCLUSION OF ASSAULT CRIMES AND UNLI10 CENSED MONEY TRANSMITTING BUSINESSES 

11 AS RACKETEERING ACTIVITY. 

12 Section 1961(1) of title 18, United States Code, is 

13 amended—

14 (1) in subparagraph (A), by inserting ‘‘assault 

15 with a dangerous weapon, assault resulting in seri16 ous bodily injury,’’ after ‘‘extortion,’’; and 

17 (2) in subparagraph (B), by inserting ‘‘section 

18 1960 (relating to unlicensed money transmitting 

19 businesses),’’ after ‘‘murder-for-hire),’’. 

20 SEC. 7306. INCLUSION OF UNLICENSED MONEY TRANSMIT21 TING BUSINESSES AND STRUCTURING CUR22 RENCY TRANSACTIONS TO EVADE REPORT23 ING REQUIREMENT AS WIRETAP PREDI24 CATES. 

25 Section 2516(1) of title 18, United States Code, is 

26 amended—
486

•S 22 IS 

1 (1) in paragraph (c), by inserting ‘‘section 1960 

2 (relating to unlicensed money transmitting busi3 nesses),’’ after ‘‘specified unlawful activity),’’; and 

4 (2) in paragraph (g), by inserting ‘‘or 5324’’ 

5 after ‘‘section 5322’’.

Æ