II 

108TH CONGRESS 

2D SESSION S. 2863 

To authorize appropriations for the Department of Justice for fiscal years 

2005, 2006, and 2007, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2004 

Mr. HATCH (for himself, Mr. LEAHY, Mr. SCHUMER, Mr. DEWINE, and Mr. 

DASCHLE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To authorize appropriations for the Department of Justice 

for fiscal years 2005, 2006, and 2007, 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 SECTION 1. SHORT TITLE. 

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

5 ‘‘Department of Justice Appropriations Authorization Act, 

6 Fiscal Years 2005 through 2007’’. 

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

8 this Act is as follows: 

Sec. 1. Short title. 
2 

•S 2863 IS 

TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL 

YEARS 2005 AND 2006 

Sec. 101. Authorization of appropriations for fiscal year 2005. 

Sec. 102. Authorization of appropriations for fiscal year 2006. 

Sec. 103. Authorization of appropriations for fiscal year 2007. 

TITLE II—IMPROVING THE DEPARTMENT OF JUSTICE’S GRANT 

PROGRAMS 

Subtitle A—Assisting Law Enforcement and Criminal Justice Agencies 

Sec. 201. Merger of Byrne Grant Program and Local Law Enforcement Block 

Grant Program. 

Sec. 202. Clarification of official to be consulted by Attorney General in considering application for emergency Federal law enforcement assistance. 

Sec. 203. Clarification of uses for regional information sharing system grants. 

Sec. 204. Authorization of appropriations for the Regional Information Sharing 

System to facilitate Federal-State-local law enforcement response related to terrorist attacks. 

Sec. 205. Integrity and enhancement of national criminal record databases. 

Sec. 206. Extension of Crime Free Rural States Grant Program. 

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

Crime 

Sec. 211. Office of Weed and Seed Strategies. 

Subtitle C—Assisting Victims of Crime 

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

to victims of crime. 

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

victims fund. 

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

for training purposes. 

Sec. 224. Clarification of authorities relating to violence against women formula 

and discretionary grant programs. 

Sec. 225. Expansion of grant programs assisting enforcement of domestic violence cases to also assist enforcement of sexual assault cases. 

Subtitle D—Preventing Crime 

Sec. 231. Clarification of definition of violent offender for purposes of juvenile 

drug courts. 

Sec. 232. Eligibility for grants under drug court grants program extended to 

courts that supervise non-offenders with substance abuse problems. 

Sec. 233. Term of residential substance abuse treatment program for local facilities. 

Sec. 234. Rural 9–1–1 service. 

Sec. 235. Methamphetamine cleanup. 

Sec. 236. National citizens crime prevention campaign. 

Sec. 237. SEARCH, the National Consortium for Justice Information and Statistics.

Subtitle E—Other Matters 
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•S 2863 IS 

Sec. 241. Changes to certain financial authorities. 

Sec. 242. Coordination duties of Assistant Attorney General. 

Sec. 243. Repeal of certain programs. 

Sec. 244. Elimination of certain notice and hearing requirements. 

Sec. 245. Amended definitions for purposes of Omnibus Crime Control and 

Safe Streets Act of 1968. 

Sec. 246. Clarification of authority to pay subsistence payments to prisoners for 

health care items and services. 

Sec. 247. Consolidation of financial management systems of Office of Justice 

Programs. 

Sec. 248. Authorization and change of cops program to single grant program. 

Sec. 249. Enhanced assistance for criminal investigations and prosecutions by 

State and local law enforcement officials. 

TITLE III—COMBATING MONEY LAUNDERING AND TERRORIST 

FINANCING ACT OF 2004 

Sec. 301. Short title. 

Sec. 302. Specified activities for money laundering. 

Sec. 303. Illegal money transmitting businesses. 

Sec. 304. Assets of persons committing terrorist acts against foreign countries 

or international organizations. 

Sec. 305. Money laundering through informal value transfer systems. 

Sec. 306. Technical corrections to financing of terrorism statute. 

Sec. 307. Miscellaneous and technical amendments. 

Sec. 308. Extension of the Money Laundering and Financial Crimes Strategy 

Act of 1998. 

TITLE IV—PREVENTION AND RECOVERY OF MISSING CHILDREN 

ACT OF 2004 

Sec. 401. Short title. 

Sec. 402. Findings. 

Sec. 403. Missing child reporting requirements. 

Sec. 404. Standards for Sex Offender Registration Programs. 

Sec. 405. Effective date. 

TITLE V—BULLETPROOF VEST PARTNERSHIP GRANT ACT OF 

2004 

Sec. 501. Short title. 

Sec. 502. Authorization of appropriations. 

TITLE VI—PACT ACT 

Sec. 601. Short title. 

Sec. 602. Collection of State cigarette and smokeless tobacco taxes. 

Sec. 603. Treatment of cigarettes and smokeless tobacco as nonmailable matter. 

Sec. 604. Penal provisions regarding trafficking in contraband cigarettes or 

smokeless tobacco. 

Sec. 605. Compliance with model statute or qualifying statute. 

Sec. 606. Undercover criminal investigations of the Bureau of Alcohol, Tobacco, 

Firearms, and Explosives. 

Sec. 607. Inspection by Bureau of Alcohol, Tobacco, Firearms, and Explosives 

of records of certain cigarette and smokeless tobacco sellers. 

Sec. 608. Compliance with Tariff Act of 1930. 
4 

•S 2863 IS 

Sec. 609. Exclusions regarding Indian tribes and tribal matters. 

Sec. 610. Effective date. 

TITLE VII—CREATE ACT 

Sec. 701. Short title. 

Sec. 702. Collaborative efforts on claimed inventions. 

Sec. 703. Effective date. 

TITLE VIII—PROTECTING INTELLECTUAL RIGHTS AGAINST 

THEFT AND EXPROPRIATION ACT OF 2004 

Sec. 801. Short title. 

Sec. 802. Authorization of civil copyright enforcement by Attorney General. 

Sec. 803. Authorization of funding for training and pilot program. 

TITLE IX—KOBY MANDELL ACT OF 2004 

Sec. 901. Short title. 

Sec. 902. Findings. 

Sec. 903. Establishment of an Office of Justice for Victims of Overseas Terrorism in the Department of Justice. 

Sec. 904. Authorization of appropriations. 

TITLE X—SENIOR SAFETY ACT OF 2004 

Sec. 1001. Short title. 

Sec. 1002. Findings and purposes. 

Sec. 1003. Definitions. 

Subtitle A—Combating Crimes Against Seniors 

Sec. 1011. Enhanced sentencing penalties based on age of victim. 

Sec. 1012. Study and report on health care fraud sentences. 

Sec. 1013. Increased penalties for fraud resulting in serious injury or death. 

Sec. 1014. Safeguarding pension plans from fraud and theft. 

Sec. 1015. Additional civil penalties for defrauding pension plans. 

Sec. 1016. Punishing bribery and graft in connection with employee benefit 

plans. 

Subtitle B—Preventing Telemarketing Fraud 

Sec. 1021. Centralized complaint and consumer education service for victims of 

telemarketing fraud. 

Sec. 1022. Blocking of telemarketing scams. 

TITLE XI—FEDERAL PROSECUTORS RETIREMENT BENEFIT 

EQUITY ACT OF 2004 

Sec. 1101. Short title. 

Sec. 1102. Retirement treatment of Federal prosecutors. 

Sec. 1103. Provisions relating to incumbents. 

Sec. 1104. Department of Justice administrative actions. 

TITLE XII—ANTI-ATROCITY ALIEN DEPORTATION ACT OF 2004 

Sec. 1201. Short title. 

Sec. 1202. Inadmissibility and deportability of aliens who have committed acts 

of torture or extrajudicial killings abroad. 
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•S 2863 IS 

Sec. 1203. Inadmissibility and deportability of foreign government officials who 

have committed particularly severe violations of religious freedom. 

Sec. 1204. Waiver of inadmissibility. 

Sec. 1205. Bar to good moral character, asylum and refugee status, and withholding of removal for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom. 

Sec. 1206. Establishment of the office of special investigations. 

Sec. 1207. Reports on implementation of the Act. 

TITLE XIII—PROMISE ACT 

Sec. 1301. Short title. 

Sec. 1302. Aliens ineligible to receive visas and excluded from admission for 

nonpayment of child support. 

Sec. 1303. Authority to parole aliens excluded from admission for nonpayment 

of child support. 

Sec. 1304. Effect of nonpayment of child support on establishment of good 

moral character. 

Sec. 1305. Authorization to serve legal process in child support cases on certain 

visa applicants and arriving aliens.

Sec. 1306. Authorization to obtain information on child support payments by 

aliens. 

Sec. 1307. Effective date. 

TITLE XIV—FALLEN HEROES OF 9/11 ACT 

Sec. 1401. Short title. 

Sec. 1402. Congressional findings. 

Sec. 1403. Fallen heroes of 9/11 Congressional Medals. 

Sec. 1404. Duplicate medals. 

Sec. 1405. Establishment of lists of recipients. 

Sec. 1406. Sales to the public to defray costs. 

Sec. 1407. National medals. 

TITLE XV—MISCELLANEOUS PROVISIONS 

Sec. 1501. Technical amendments relating to Public Law 107–56. 

Sec. 1502. Miscellaneous technical amendments. 

Sec. 1503. Minor substantive amendment relating to contents of FBI annual 

report. 

Sec. 1504. Use of Federal training facilities. 

Sec. 1505. Technical correction relating to definition used in ‘‘terrorism transcending national boundaries’’ statute. 

Sec. 1506. Increased penalties and expanded jurisdiction for sexual abuse offenses in correctional facilities. 

Sec. 1507. Expanded jurisdiction for contraband offenses in correctional facilities. 

Sec. 1508. Magistrate judge’s authority to continue preliminary hearing. 

Sec. 1509. Boys and Girls Clubs of America. 

Sec. 1510. Authority of Inspectors General. 

Sec. 1511. Foreign student visas. 

Sec. 1512. Pre-release custody of prisoners. 

Sec. 1513. FBI translator reporting requirement. 

Sec. 1514. Amendment to Victims of Child Abuse Act. 
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•S 2863 IS 

Sec. 1515. Development of an information system interstate compact for adult 

offender supervision. 

TITLE XVI—REAUTHORIZATION OF THE NATIONAL FILM 

PRESERVATION BOARD 

Sec. 1601. Short title. 

Sec. 1602. Reauthorization and amendment. 

TITLE XVII—REAUTHORIZATION OF THE NATIONAL FILM 

PRESERVATION FOUNDATION 

Sec. 1701. Short title. 

Sec. 1702. Reauthorization and amendment. 

TITLE XVIII—DREAM ACT 

Sec. 1801. Short title. 

Sec. 1802. Definition of institution of higher education. 

Sec. 1803. Restoration of State option to determine residency for purposes of 

higher education benefits. 

Sec. 1804. Cancellation of removal and adjustment of status of certain longterm residents who entered the United State as children. 

Sec. 1805. Conditional permanent resident status. 

Sec. 1806. Retroactive benefits under this act. 

Sec. 1807. Exclusive jurisdiction. 

Sec. 1808. Penalties for false Statements in application. 

Sec. 1809. Confidentiality of information. 

Sec. 1810. Expedited processing of applications; prohibition on fees. 

Sec. 1811. Sevis registration. 

Sec. 1812. Higher education assistance. 

Sec. 1813. GAO report. 

TITLE XIX—DRU’S LAW 

Sec. 1901. Short title. 

Sec. 1902. Definition. 

Sec. 1903. Availability of the NSOR database to the public. 

Sec. 1904. Release of high risk inmates. 

1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS FOR FIS3 CAL YEARS 2005 AND 2006 

4 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FIS5 CAL YEAR 2005. 

6 There are authorized to be appropriated for fiscal 

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

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

•S 2863 IS 

1 commission, subdivision, unit, or other component there2 of), the following sums: 

3 (1) GENERAL ADMINISTRATION.—For General 

4 Administration: $186,551,000. 

5 (2) ADMINISTRATIVE REVIEW AND APPEALS.— 

6 For Administrative Review and Appeals: 

7 $202,518,000 for administration of pardon and 

8 clemency petitions and for immigration-related ac9 tivities. 

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

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

12 shall include not to exceed $10,000 to meet unfore13 seen emergencies of a confidential character. 

14 (4) GENERAL LEGAL ACTIVITIES.—For General 

15 Legal Activities: $657,135,000, which shall in16 clude— 

17 (A) not less than $4,000,000 for the inves18 tigation and prosecution of denaturalization and 

19 deportation cases involving alleged Nazi war 

20 criminals; 

21 (B) not to exceed $20,000 to meet unfore22 seen emergencies of a confidential character; 

23 and 
8 

•S 2863 IS 

1 (C) such sums as may be necessary for ad2 ministrative expenses in accordance with the 

3 Radiation Exposure Compensation Act. 

4 (5) ANTITRUST DIVISION.—For the Antitrust 

5 Division: $136,463,000. 

6 (6) UNITED STATES ATTORNEYS.—For United 

7 States Attorneys: $1,547,519,000, which shall in8 clude not less than $10,000,000 for the investigation 

9 and prosecution of intellectual property crimes, in10 cluding software counterfeiting crimes, crimes identi11 fied in the No Electronic Theft (NET) Act (Public 

12 Law 105–147), and violations of law, against unso13 licited commercial e-mail: Provided, That such 

14 amounts in the appropriations account ‘‘General 

15 Legal Services’’ as may be expended for such inves16 tigations or prosecutions shall count toward this 

17 minimum as though expended from this appropria18 tions account. 

19 (7) FEDERAL BUREAU OF INVESTIGATION.— 

20 For the Federal Bureau of Investigation: 

21 $5,058,921,000, which shall include— 

22 (A) not to exceed $1,250,000 for construc23 tion, to remain available until expended; 
9 

•S 2863 IS 

1 (B) not to exceed $70,000 to meet unfore2 seen emergencies of a confidential character; 

3 and 

4 (C) such sums as may be necessary to as5 sign employees to the Terrorism Threat Inte6 gration Center. 

7 (8) UNITED STATES MARSHALS SERVICE.—For 

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

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

10 construction, to remain available until expended. 

11 (9) FEDERAL PRISON SYSTEM.—For the Fed12 eral Prison System, including the National Institute 

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

14 (10) DRUG ENFORCEMENT ADMINISTRATION.— 

15 For the Drug Enforcement Administration: 

16 $1,661,503,000, which shall include not to exceed 

17 $70,000 to meet unforeseen emergencies of a con18 fidential character. 

19 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE20 ARMS, AND EXPLOSIVES.—For the Bureau of Alco21 hol, Tobacco, Firearms, and Explosives: 

22 $868,857,000. 

23 (12) FEES AND EXPENSES OF WITNESSES.— 

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

25 to remain available until expended, which shall in-
10 

•S 2863 IS 

1 clude not to exceed $6,000,000 for construction of 

2 protected witness safesites. 

3 (13) INTERAGENCY CRIME AND DRUG EN4 FORCEMENT.—For Interagency Crime and Drug 

5 Enforcement: $580,632,000, for expenses not other6 wise provided for, for the investigation and prosecu7 tion of persons involved in organized crime drug 

8 trafficking, except that any funds obligated from ap9 propriations authorized by this paragraph may be 

10 used under authorities available to the organizations 

11 reimbursed from such funds. 

12 (14) FOREIGN CLAIMS SETTLEMENT COMMIS13 SION.—For the Foreign Claims Settlement Commis14 sion: $1,220,000. 

15 (15) COMMUNITY RELATIONS SERVICE.—For 

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

17 (16) ASSETS FORFEITURE FUND.—For the As18 sets Forfeiture Fund: $21,759,000 for expenses au19 thorized by section 524 of title 28, United States 

20 Code. 

21 (17) UNITED STATES PAROLE COMMISSION.— 

22 For the United States Parole Commission: 

23 $10,650,000. 
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•S 2863 IS 

1 (18) FEDERAL DETENTION TRUSTEE.—For the 

2 necessary expenses of the Federal Detention Trust3 ee: $938,810,000. 

4 (19) JOINT AUTOMATED BOOKING SYSTEM.— 

5 For the necessary expenses of the Joint Automated 

6 Booking System: $20,309,000. 

7 (20) INTEGRATED AUTOMATED FINGER8 PRINT.—For the expenses necessary for Integrated 

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

10 (21) NARROWBAND COMMUNICATIONS.—For 

11 the costs of conversion to narrowband communica12 tions, including the cost for operation and mainte13 nance of Land Mobile Radio legacy systems: 

14 $101,971,000. 

15 (22) ADMINISTRATIVE EXPENSES FOR CERTAIN

16 ACTIVITIES.—For the administrative expenses of the 

17 Office of Justice Programs, the Office on Violence 

18 Against Women, and the Office of Community Ori19 ented Policing Services, the following sums: 

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

21 Programs. 

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

23 Against Women. 

24 (C) $29,684,000 for the Office of Commu25 nity Oriented Policing Services. 
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•S 2863 IS 

1 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FIS2 CAL YEAR 2006. 

3 There are authorized to be appropriated for fiscal 

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

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

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

8 (1) GENERAL ADMINISTRATION.—For General 

9 Administration: $190,282,000. 

10 (2) ADMINISTRATIVE REVIEW AND APPEALS.— 

11 For Administrative Review and Appeals: 

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

13 clemency petitions and for immigration-related ac14 tivities. 

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

16 Office of Inspector General: $72,828,260, which 

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

19 (4) GENERAL LEGAL ACTIVITIES.—For General 

20 Legal Activities: $670,278,000, which shall in21 clude— 

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

24 deportation cases involving alleged Nazi war 

25 criminals; 
13 

•S 2863 IS 

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

3 and 

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

6 Radiation Exposure Compensation Act. 

7 (5) ANTITRUST DIVISION.—For the Antitrust 

8 Division: $139,192,000. 

9 (6) UNITED STATES ATTORNEYS.—For United 

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

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

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

17 amounts in the appropriations account ‘‘General 

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

20 minimum as though expended from this appropria21 tions account. 

22 (7) FEDERAL BUREAU OF INVESTIGATION.— 

23 For the Federal Bureau of Investigation: 

24 $5,160,099,000, which shall include— 
14 

•S 2863 IS 

1 (A) not to exceed $1,250,000 for construc2 tion, to remain available until expended; 

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

5 and 

6 (C) such sums as may be necessary to as7 sign employees to the Terrorism Threat Inte8 gration Center. 

9 (8) UNITED STATES MARSHALS SERVICE.—For 

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

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

12 construction, to remain available until expended. 

13 (9) FEDERAL PRISON SYSTEM.—For the Fed14 eral Prison System, including the National Institute 

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

16 (10) DRUG ENFORCEMENT ADMINISTRATION.— 

17 For the Drug Enforcement Administration: 

18 $1,694,733,000, which shall include not to exceed 

19 $70,000 to meet unforeseen emergencies of a con20 fidential character. 

21 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE22 ARMS, AND EXPLOSIVES.—For the Bureau of Alco23 hol, Tobacco, Firearms, and Explosives: 

24 $886,234,000. 
15 

•S 2863 IS 

1 (12) FEES AND EXPENSES OF WITNESSES.— 

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

3 to remain available until expended, which shall in4 clude not to exceed $6,000,000 for construction of 

5 protected witness safesites. 

6 (13) INTERAGENCY CRIME AND DRUG EN7 FORCEMENT.—For Interagency Crime and Drug 

8 Enforcement: $592,245,000, for expenses not other9 wise provided for, for the investigation and prosecu10 tion of persons involved in organized crime drug 

11 trafficking, except that any funds obligated from ap12 propriations authorized by this paragraph may be 

13 used under authorities available to the organizations 

14 reimbursed from such funds. 

15 (14) FOREIGN CLAIMS SETTLEMENT COMMIS16 SION.—For the Foreign Claims Settlement Commis17 sion: $1,244,000. 

18 (15) COMMUNITY RELATIONS SERVICE.—For 

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

20 (16) ASSETS FORFEITURE FUND.—For the As21 sets Forfeiture Fund: $22,194,000 for expenses au22 thorized by section 524 of title 28, United States 

23 Code. 
16 

•S 2863 IS 

1 (17) UNITED STATES PAROLE COMMISSION.— 

2 For the United States Parole Commission: 

3 $10,863,000. 

4 (18) FEDERAL DETENTION TRUSTEE.—For the 

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

7 (19) JOINT AUTOMATED BOOKING SYSTEM.— 

8 For the necessary expenses of the Joint Automated 

9 Booking System: $20,715,000. 

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

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

13 (21) NARROWBAND COMMUNICATIONS.—For 

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

17 $104,010,000. 

18 (22) ADMINISTRATIVE EXPENSES FOR CERTAIN

19 ACTIVITIES.—For the administrative expenses of the 

20 Office of Justice Programs, the Office on Violence 

21 Against Women, and the Office of Community Ori22 ented Policing Services, the following sums: 

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

24 Programs. 
17 

•S 2863 IS 

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

2 Against Women. 

3 (C) $30,278,000 for the Office of Commu4 nity Oriented Policing Services. 

5 SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FIS6 CAL YEAR 2007. 

7 There are authorized to be appropriated for fiscal 

8 year 2007, to carry out the activities of the Department 

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

10 commission, subdivision, unit, or other component there11 of), the following sums: 

12 (1) GENERAL ADMINISTRATION.—For General 

13 Administration: $194,087,640. 

14 (2) ADMINISTRATIVE REVIEW AND APPEALS.— 

15 For Administrative Review and Appeals: 

16 $210,699,340 for administration of pardon and 

17 clemency petitions and for immigration-related ac18 tivities. 

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

20 Office of Inspector General: $66,391,045, which 

21 shall include not to exceed $10,000 to meet unfore22 seen emergencies of a confidential character. 

23 (4) GENERAL LEGAL ACTIVITIES.—For General 

24 Legal Activities: $683,683,560, which shall in25 clude— 
18 

•S 2863 IS 

1 (A) not less than $4,000,000 for the inves2 tigation and prosecution of denaturalization and 

3 deportation cases involving alleged Nazi war 

4 criminals; 

5 (B) not to exceed $20,000 to meet unfore6 seen emergencies of a confidential character; 

7 and 

8 (C) such sums as may be necessary for ad9 ministrative expenses in accordance with the 

10 Radiation Exposure Compensation Act. 

11 (5) ANTITRUST DIVISION.—For the Antitrust 

12 Division: $141,975,840. 

13 (6) UNITED STATES ATTORNEYS.—For United 

14 States Attorneys: $1,610,038,300, which shall in15 clude not less than $10,000,000 for the investigation 

16 and prosecution of intellectual property crimes, in17 cluding software counterfeiting crimes, crimes identi18 fied in the No Electronic Theft (NET) Act (Public 

19 Law 105–147), and violations of laws prohibiting 

20 unsolicited commercial e-mail: Provided, That such 

21 amounts in the appropriations account ‘‘General 

22 Legal Services’’ as may be expended for such inves23 tigations or prosecutions shall count toward this 

24 minimum as though expended from this appropria25 tions account. 
19 

•S 2863 IS 

1 (7) FEDERAL BUREAU OF INVESTIGATION.— 

2 For the Federal Bureau of Investigation: 

3 $5,263,300,900, which shall include— 

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

6 (B) not to exceed $70,000 to meet unfore7 seen emergencies of a confidential character; 

8 and 

9 (C) such sums as may be necessary to as10 sign employees to the Terrorism Threat Inte11 gration Center. 

12 (8) UNITED STATES MARSHALS SERVICE.—For 

13 the United States Marshals Service: $773,476,200, 

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

15 construction, to remain available until expended. 

16 (9) FEDERAL PRISON SYSTEM.—For the Fed17 eral Prison System, including the National Institute 

18 of Corrections: $4,896,364,100. 

19 (10) DRUG ENFORCEMENT ADMINISTRATION.— 

20 For the Drug Enforcement Administration: 

21 $2,033,679,600, which shall include not to exceed 

22 $70,000 to meet unforeseen emergencies of a con23 fidential character. 

24 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE25 ARMS, AND EXPLOSIVES.—For the Bureau of Alco-
20 

•S 2863 IS 

1 hol, Tobacco, Firearms, and Explosives: 

2 $903,958,680. 

3 (12) FEES AND EXPENSES OF WITNESSES.— 

4 For Fees and Expenses of Witnesses: $184,759,740 

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

7 protected witness safesites. 

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

10 Enforcement: $604,089,900, for expenses not other11 wise provided for, for the investigation and prosecu12 tion of persons involved in organized crime drug 

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

15 used under authorities available to the organizations 

16 reimbursed from such funds. 

17 (14) FOREIGN CLAIMS SETTLEMENT COMMIS18 SION.—For the Foreign Claims Settlement Commis19 sion: $1,268,880. 

20 (15) COMMUNITY RELATIONS SERVICE.—For 

21 the Community Relations Service: $10,230,600. 

22 (16) ASSETS FORFEITURE FUND.—For the As23 sets Forfeiture Fund: $22,637,880 for expenses au24 thorized by section 524 of title 28, United States 

25 Code. 
21 

•S 2863 IS 

1 (17) UNITED STATES PAROLE COMMISSION.— 

2 For the United States Parole Commission: 

3 $11,080,260. 

4 (18) FEDERAL DETENTION TRUSTEE.—For the 

5 necessary expenses of the Federal Detention Trust6 ee: $976,737,720. 

7 (19) NARROWBAND COMMUNICATIONS.—For 

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

11 $106,090,200. 

12 (20) ADMINISTRATIVE EXPENSES FOR CERTAIN

13 ACTIVITIES.—For the administrative expenses of the 

14 Office of Justice Programs, the Office on Violence 

15 Against Women, and the Office of Community Ori16 ented Policing Services, the following sums: 

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

18 Programs. 

19 (B) $14,172,000 for the Office on Violence 

20 Against Women. 

21 (C) $31,343,000 for the Office of Commu22 nity Oriented Policing Services. 
22 

•S 2863 IS 

1 TITLE II—IMPROVING THE DE2 PARTMENT OF JUSTICE’S 

3 GRANT PROGRAMS 

4 Subtitle A—Assisting Law Enforce5 ment and Criminal Justice 

6 Agencies 

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

8 LAW ENFORCEMENT BLOCK GRANT PRO9 GRAM. 

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

11 Crime Control and Safe Streets Act of 1968 is amended 

12 as follows: 

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

14 3759) is repealed. 

15 (2) Such part is further amended— 

16 (A) by inserting before section 500 (42 

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

18 ‘‘Subpart 1—Edward Byrne Memorial Justice 

19 Assistance Grant Program’’; 

20 (B) by amending section 500 to read as 

21 follows: 

22 ‘‘SEC. 500. NAME OF PROGRAM. 

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

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

25 Memorial Justice Assistance Grant Program’. 
23 

•S 2863 IS 

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

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

3 record of the United States to the Edward Byrne Memo4 rial State and Local Law Enforcement Assistance Pro5 grams, or to the Local Government Law Enforcement 

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

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

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

10 ‘‘SEC. 501. DESCRIPTION. 

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

12 available to carry out this subpart, the Attorney General 

13 may, in accordance with the formula established under 

14 section 505, make grants to States and units of local gov15 ernment, for use by the State or unit of local government 

16 to provide additional personnel, equipment, supplies, con17 tractual support, training, technical assistance, and infor18 mation systems for criminal justice, including for— 

19 ‘‘(1) demand reduction education programs in 

20 which law enforcement officers participate; 

21 ‘‘(2) multijurisdictional task force programs 

22 that integrate Federal, State, and local drug law en23 forcement agencies and prosecutors for the purpose 

24 of enhancing interagency coordination, intelligence, 

25 and facilitating multijurisdictional investigations; 
24 

•S 2863 IS 

1 ‘‘(3) programs designed to target the domestic 

2 sources of controlled and illegal substances, such as 

3 precursor chemicals, diverted pharmaceuticals, clan4 destine laboratories, and cannabis cultivations and 

5 to remove any hazardous substance or pollutant or 

6 contaminant associated with the illegal manufacture 

7 of amphetamine or methamphetamine; 

8 ‘‘(4) providing community and neighborhood 

9 programs that assist citizens in preventing and con10 trolling crime, including special programs that ad11 dress the problems of crimes committed against the 

12 elderly and special programs for rural jurisdictions; 

13 ‘‘(5) disrupting illicit commerce in stolen goods 

14 and property; 

15 ‘‘(6) improving the investigation and prosecu16 tion of white-collar crime, organized crime, public 

17 corruption crimes, and fraud against the government 

18 with priority attention to cases involving drug-re19 lated official corruption; 

20 ‘‘(7)(A) improving the operational effectiveness 

21 of law enforcement through the use of crime analysis 

22 techniques, street sales enforcement, schoolyard vio23 lator programs, gang-related and low-income housing 

24 drug control programs; 
25 

•S 2863 IS 

1 ‘‘(B) developing and implementing 

2 antiterrorism plans for deep draft ports, inter3 national airports, and other important facilities; 

4 ‘‘(8) career criminal prosecution programs in5 cluding the development of proposed model drug 

6 control legislation; 

7 ‘‘(9) financial investigative programs that tar8 get the identification of money laundering operations 

9 and assets obtained through illegal drug trafficking, 

10 including the development of proposed model legisla11 tion, financial investigative training, and financial 

12 information sharing systems; 

13 ‘‘(10) improving the operational effectiveness of 

14 the court process, by expanding prosecutorial, de15 fender and judicial resources, and implementing 

16 court delay reduction programs; 

17 ‘‘(11) programs designed to provide additional 

18 public correctional resources and improve the correc19 tions system, including treatment in prisons and 

20 jails, intensive supervision programs, and long-range 

21 corrections and sentencing strategies; 

22 ‘‘(12) providing prison industry projects de23 signed to place inmates in a realistic working and 

24 training environment which will enable them to ac25 quire marketable skills and to make financial pay-
26 

•S 2863 IS 

1 ments for restitution to their victims, for support of 

2 their own families, and for support of themselves in 

3 the institution; 

4 ‘‘(13) providing programs which identify and 

5 meet the treatment needs of adult and juvenile drug6 dependent and alcohol-dependent offenders; 

7 ‘‘(14) developing and implementing programs 

8 which provide assistance to jurors and witnesses, 

9 and assistance (other than compensation) to victims 

10 of crimes; 

11 ‘‘(15)(A) developing programs to improve drug 

12 control technology, such as pretrial drug testing pro13 grams, programs which provide for the identifica14 tion, assessment, referral to treatment, case manage15 ment and monitoring of drug dependent offenders, 

16 enhancement of State and local forensic laboratories, 

17 and 

18 ‘‘(B) criminal and justice information systems 

19 to assist law enforcement, prosecution, courts, and 

20 corrections organization (including automated fin21 gerprint identification systems); 

22 ‘‘(16) innovative programs that demonstrate 

23 new and different approaches to enforcement, pros24 ecution, and adjudication of drug offenses and other 

25 serious crimes; 
27 

•S 2863 IS 

1 ‘‘(17) addressing the problems of drug traf2 ficking and the illegal manufacture of controlled sub3 stances in public housing. 

4 ‘‘(18) improving the criminal and juvenile jus5 tice system’s response to domestic and family vio6 lence, including spouse abuse, child abuse, and abuse 

7 of the elderly; 

8 ‘‘(19) drug control evaluation programs which 

9 the State and local units of government may utilize 

10 to evaluate programs and projects directed at State 

11 drug control activities; 

12 ‘‘(20) providing alternatives to prevent deten13 tion, jail, and prison for persons who pose no danger 

14 to the community; 

15 ‘‘(21) programs of which the primary goal is to 

16 strengthen urban enforcement and prosecution ef17 forts targeted at street drug sales; 

18 ‘‘(22) programs for the prosecution of driving 

19 while intoxicated charges and the enforcement of 

20 other laws relating to alcohol use and the operation 

21 of motor vehicles; 

22 ‘‘(23) programs that address the need for effec23 tive bindover systems for the prosecution of violent 

24 16- and 17-year-old juveniles in courts with jurisdic25 tion over adults for the crimes of— 
28 

•S 2863 IS 

1 ‘‘(A) murder in the first degree; 

2 ‘‘(B) murder in the second degree; 

3 ‘‘(C) attempted murder; 

4 ‘‘(D) armed robbery when armed with a 

5 firearm; 

6 ‘‘(E) aggravated battery or assault when 

7 armed with a firearm; 

8 ‘‘(F) criminal sexual penetration when 

9 armed with a firearm; and 

10 ‘‘(G) drive-by shootings as described in 

11 section 36 of title 18, United States Code; 

12 ‘‘(24) law enforcement and prevention programs 

13 relating to gangs, or to youth who are involved or 

14 at risk of involvement in gangs; 

15 ‘‘(25) developing or improving in a forensic lab16 oratory a capability to analyze deoxyribonucleic acid 

17 (hereafter in this title referred to as ‘DNA’) for 

18 identification purposes; 

19 ‘‘(26) to develop and implement antiterrorism 

20 training programs and to procure equipment for use 

21 by local law enforcement authorities; 

22 ‘‘(27) enforcing child abuse and neglect laws, 

23 including laws protecting against child sexual abuse, 

24 and promoting programs designed to prevent child 

25 abuse and neglect; 
29 

•S 2863 IS 

1 ‘‘(28) establishing or supporting cooperative 

2 programs between law enforcement and media orga3 nizations, to collect, record, retain, and disseminate 

4 information useful in the identification and appre5 hension of suspected criminal offenders; 

6 ‘‘(29) improving the quality, timeliness, and 

7 credibility of forensic science services for criminal 

8 justice purposes; 

9 ‘‘(30)(A) hiring, training, and employing on a 

10 continuing basis new, additional law enforcement of11 ficers and necessary support personnel; 

12 ‘‘(B) paying overtime to presently employed law 

13 enforcement officers and necessary support per14 sonnel for the purpose of increasing the number of 

15 hours worked by such personnel; and 

16 ‘‘(C) procuring equipment, technology, and 

17 other material directly related to basic law enforce18 ment functions; 

19 ‘‘(31) enhancing school security measures by— 

20 ‘‘(A) providing increased law enforcement 

21 patrols in and around schools, whether through 

22 the hiring of additional law enforcement officers 

23 or paying overtime to presently employed offi24 cers; 
30 

•S 2863 IS 

1 ‘‘(B) purchasing law enforcement equip2 ment necessary to carry out normal law en3 forcement functions in and around schools; 

4 ‘‘(C) equipping schools with metal detec5 tors, fences, closed circuit cameras, and other 

6 physical safety measures; 

7 ‘‘(D) gun hotlines designed to facilitate the 

8 reporting of weapons possession by students 

9 and other individuals in and around schools; 

10 and 

11 ‘‘(E) preventing and suppressing violent 

12 youth gang activity; 

13 ‘‘(32) establishing crime prevention programs 

14 that may, though not exclusively, involve law en15 forcement officials and that are intended to discour16 age, disrupt, or interfere with the commission of 

17 criminal activity, including neighborhood watch and 

18 citizen patrol programs, sexual assault and domestic 

19 violence programs, and programs intended to pre20 vent juvenile crime; 

21 ‘‘(33) establishing or supporting drug courts; 

22 ‘‘(34) establishing early intervention and pre23 vention programs for juveniles to reduce or eliminate 

24 crime; and 
31 

•S 2863 IS 

1 ‘‘(35) Enhancing the adjudication process of 

2 cases involving violent offenders, including the adju3 dication process of cases involving violent juvenile of4 fenders. 

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

6 of local government may, in using a grant under this sub7 part for purposes authorized by subsection (a), use all or 

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

9 more subawards to one or more— 

10 ‘‘(1) neighborhood or community-based organi11 zations that are private and nonprofit; 

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

13 ‘‘(3) tribal governments. 

14 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIV15 ER.— 

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

17 shall contain a program assessment component, de18 veloped pursuant to guidelines established by the At19 torney General, in coordination with the National 

20 Institute of Justice. 

21 ‘‘(2) The Attorney General may waive the re22 quirement of paragraph (1) with respect to a pro23 gram if, in the opinion of the Attorney General, the 

24 program is not of sufficient size to justify a full pro25 gram assessment. 
32 

•S 2863 IS 

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

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

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

4 of the following matters: 

5 ‘‘(1) Any security enhancements or any equip6 ment to any nongovernmental entity that is not en7 gaged in criminal justice or public safety. 

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

9 extraordinary and exigent circumstances exist that 

10 make the use of such funds to provide such matters 

11 essential to the maintenance of public safety and 

12 good order— 

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

14 ‘‘(B) luxury items; 

15 ‘‘(C) real estate; 

16 ‘‘(D) construction projects (other than 

17 penal or correctional institutions); or 

18 ‘‘(E) any similar matters. 

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

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

21 for costs incurred to administer such grant. 

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

23 subpart shall be four years, except that renewals and ex24 tensions beyond that period may be granted at the discre25 tion of the Attorney General. 
33 

•S 2863 IS 

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

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

3 or indirectly, of funds provided under this subpart to pro4 vide security at a public event, such as a political conven5 tion or major sports event, so long as such security is pro6 vided under applicable laws and procedures. 

7 ‘‘SEC. 502. APPLICATIONS. 

8 ‘‘To request a grant under this subpart, the chief ex9 ecutive officer of a State or unit of local government shall 

10 submit an application to the Attorney General within 90 

11 days after the date on which funds to carry out this sub12 part are appropriated for a fiscal year, in such form as 

13 the Attorney General may require. Such application shall 

14 include the following: 

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

16 available under this subpart will not be used to sup17 plant State or local funds, but will be used to in18 crease the amounts of such funds that would, in the 

19 absence of Federal funds, be made available for law 

20 enforcement activities. 

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

22 before the application (or any amendment to the ap23 plication) was submitted to the Attorney General, 

24 the application (or amendment) was submitted for 

25 review to the governing body of the State or unit of 
34 

•S 2863 IS 

1 local government (or to an organization designated 

2 by that governing body). 

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

4 (or any amendment to the application) was sub5 mitted to the Attorney General— 

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

7 made public; and 

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

9 application (or amendment) was provided to 

10 citizens and to neighborhood or community11 based organizations, to the extent applicable 

12 law or established procedure makes such an op13 portunity available. 

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

15 covered by an application, the applicant shall main16 tain and report such data, records, and information 

17 (programmatic and financial) as the Attorney Gen18 eral may reasonably require. 

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

20 to the Attorney General and executed by the chief 

21 executive officer of the applicant (or by another offi22 cer of the applicant, if qualified under regulations 

23 promulgated by the Attorney General), that— 

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

25 grant meet all the requirements of this subpart; 
35 

•S 2863 IS 

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

2 application is correct; 

3 ‘‘(C) there has been appropriate coordina4 tion with affected agencies; and 

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

6 provisions of this subpart and all other applica7 ble Federal laws. 

8 ‘‘SEC. 503. REVIEW OF APPLICATIONS. 

9 ‘‘The Attorney General shall not finally disapprove 

10 any application (or any amendment to that application) 

11 submitted under this subpart without first affording the 

12 applicant reasonable notice of any deficiencies in the appli13 cation and opportunity for correction and reconsideration. 

14 ‘‘SEC. 504. RULES. 

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

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

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

18 made available to carry out this subpart. 

19 ‘‘SEC. 505. FORMULA. 

20 ‘‘(a) ALLOCATION AMONG STATES.— 

21 ‘‘(1) IN GENERAL.—Of the total amount appro22 priated for this subpart, the Attorney General shall, 

23 except as provided in paragraph (2), allocate— 
36 

•S 2863 IS 

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

2 to each State in amounts that bear the same 

3 ratio of— 

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

5 to— 

6 ‘‘(ii) the total population of the 

7 United States; and 

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

9 to each State in amounts that bear the same 

10 ratio of— 

11 ‘‘(i) the average annual number of 

12 part 1 violent crimes of the Uniform Crime 

13 Reports of the Federal Bureau of Inves14 tigation reported by such State for the 

15 three most recent years reported by such 

16 State to— 

17 ‘‘(ii) the average annual number of 

18 such crimes reported by all States for such 

19 years. 

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

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

22 allocation less than 0.25 percent of the total amount 

23 (in this paragraph referred to as a ‘minimum alloca24 tion State’), then paragraph (1), as so carried out, 
37 

•S 2863 IS 

1 shall not apply, and the Attorney General shall in2 stead— 

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

4 amount to each State; and 

5 ‘‘(B) using the amount remaining after 

6 carrying out subparagraph (A), carry out para7 graph (1) in a manner that excludes each min8 imum allocation State, including the population 

9 of and the crimes reported by such State. 

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

11 LOCAL GOVERNMENT.—Of the amounts allocated under 

12 subsection (a)— 

13 ‘‘(1) 60 percent shall be for direct grants to 

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

15 ‘‘(2) 40 percent shall be for grants to be allo16 cated under subsection (d). 

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

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

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

20 the purposes described in section 501 an amount 

21 that bears the same ratio of— 

22 ‘‘(A) total expenditures on criminal justice 

23 by the State government in the most recently 

24 completed fiscal year to— 
38 

•S 2863 IS 

1 ‘‘(B) the total expenditure on criminal jus2 tice by the State government and units of local 

3 government within the State in such year. 

4 ‘‘(2) REMAINING AMOUNTS.—Except as pro5 vided in subsection (e)(1), any amounts remaining 

6 after the allocation required by paragraph (1) shall 

7 be made available to units of local government by 

8 the State for the purposes described in section 501. 

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

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

11 under subsection (b)(2), grants for the purposes de12 scribed in section 501 shall be made directly to units 

13 of local government within each State in accordance 

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

15 ‘‘(2) ALLOCATION.— 

16 ‘‘(A) IN GENERAL.—From the amounts re17 ferred to in paragraph (1) with respect to a 

18 State (in this subsection referred to as the 

19 ‘local amount’), the Attorney General shall allo20 cate to each unit of local government an 

21 amount which bears the same ratio to such 

22 share as the average annual number of part 1 

23 violent crimes reported by such unit to the Fed24 eral Bureau of Investigation for the 3 most re25 cent calendar years for which such data is avail-
39 

•S 2863 IS 

1 able bears to the number of part 1 violent 

2 crimes reported by all units of local government 

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

4 Federal Bureau of Investigation for such years. 

5 ‘‘(B) TRANSITIONAL RULE.—Notwith6 standing subparagraph (A), for fiscal years 

7 2005, 2006, and 2007, the Attorney General 

8 shall allocate the local amount to units of local 

9 government in the same manner that, under the 

10 Local Government Law Enforcement Block 

11 Grants program in effect immediately before 

12 the date of enactment of this section, the re13 served amount was allocated among reporting 

14 and nonreporting units of local government. 

15 ‘‘(3) ANNEXED UNITS.—If a unit of local gov16 ernment in the State has been annexed since the 

17 date of the collection of the data used by the Attor18 ney General in making allocations pursuant to this 

19 section, the Attorney General shall pay the amount 

20 that would have been allocated to such unit of local 

21 government to the unit of local government that an22 nexed it. 

23 ‘‘(4) RESOLUTION OF DISPARATE ALLOCA24 TIONS.—(A) Notwithstanding any other provision of 

25 this subpart, if— 
40 

•S 2863 IS 

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

2 unit of local government bears more than 50 

3 percent of the costs of prosecution or incarcer4 ation that arise with respect to part 1 violent 

5 crimes reported by a specified geographically 

6 constituent unit of local government; and 

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

8 funds allocated under this section to— 

9 ‘‘(I) any one such specified geographi10 cally constituent unit of local government 

11 exceeds 150 percent of the amount allo12 cated to the unit of local government cer13 tified pursuant to clause (i); or 

14 ‘‘(II) more than one such specified 

15 geographically constituent unit of local 

16 government exceeds 400 percent of the 

17 amount allocated to the unit of local gov18 ernment certified pursuant to clause (i), 

19 then in order to qualify for payment under this sub20 section, the unit of local government certified pursu21 ant to clause (i), together with any such specified 

22 geographically constituent units of local government 

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

24 General a joint application for the aggregate of 

25 funds allocated to such units of local government. 
41 

•S 2863 IS 

1 Such application shall specify the amount of such 

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

3 of local government and the purposes for which such 

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

5 involved may establish a joint local advisory board 

6 for the purposes of carrying out this paragraph. 

7 ‘‘(B) In this paragraph, the term ‘geographi8 cally constituent unit of local government’ means a 

9 unit of local government that has jurisdiction over 

10 areas located within the boundaries of an area over 

11 which a unit of local government certified pursuant 

12 to clause (i) has jurisdiction. 

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

14 LOCAL GOVERNMENT.— 

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

16 government shall receive a total allocation under this 

17 section that exceeds such unit’s total expenditures 

18 on criminal justice services for the most recently 

19 completed fiscal year for which data are available. 

20 Any amount in excess of such total expenditures 

21 shall be allocated proportionally among units of local 

22 government whose allocations under this section do 

23 not exceed their total expenditures on such services. 

24 ‘‘(2) ALLOCATIONS UNDER $10,000.—If the allo25 cation under this section to a unit of local govern-
42 

•S 2863 IS 

1 ment is less than $10,000 for any fiscal year, the di2 rect grant to the State under subsection (c) shall be 

3 increased by the amount of such allocation, to be 

4 distributed (for the purposes described in section 

5 501) among State police departments that provide 

6 criminal justice services to units of local government 

7 and units of local government whose allocation under 

8 this section is less than $10,000. 

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

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

11 government that has not reported at least three 

12 years of data on part 1 violent crimes of the Uni13 form Crime Reports to the Federal Bureau of Inves14 tigation within the immediately preceding 10 years. 

15 ‘‘(f) FUNDS NOT USED BY THE STATE.—If the At16 torney General determines, on the basis of information 

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

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

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

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

21 that a State chooses not to participate in the program es22 tablished under this subpart, then such State’s allocation 

23 (or portion thereof) shall be awarded by the Attorney Gen24 eral to units of local government, or combinations thereof, 

25 within such State, giving priority to those jurisdictions 
43 

•S 2863 IS 

1 with the highest annual number of part 1 violent crimes 

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

3 government to the Federal Bureau of Investigation for the 

4 three most recent calendar years for which such data are 

5 available. 

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

7 ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON8 WEALTH GOVERNMENT.—Notwithstanding any other 

9 provision of this subpart, the amounts allocated 

10 under subsection (a) to Puerto Rico, 100 percent 

11 shall be for direct grants to the Commonwealth gov12 ernment of Puerto Rico. 

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

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

15 ‘‘(h) UNITS OF LOCAL GOVERNMENT IN LOU16 ISIANA.—In carrying out this section with respect to the 

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

18 means a district attorney or a parish sheriff. 

19 ‘‘SEC. 506. RESERVED FUNDS. 

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

21 subpart for a fiscal year, the Attorney General shall re22 serve not more than— 

23 ‘‘(1) $20,000,000, for use by the National In24 stitute of Justice in assisting units of local govern25 ment to identify, select, develop, modernize, and pur-
44 

•S 2863 IS 

1 chase new technologies for use by law enforcement, 

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

3 of Justice Statistics to collect data necessary for car4 rying out this subpart; and 

5 ‘‘(2) $20,000,000, to be granted by the Attor6 ney General to States and units of local government 

7 to develop and implement antiterrorism training pro8 grams. 

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

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

11 local government shall establish a trust fund in which to 

12 deposit amounts received under this subpart. 

13 ‘‘(b) EXPENDITURES.— 

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

15 under this subpart (including interest on such 

16 amount) shall be expended before the date on which 

17 the grant period expires. 

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

19 government that fails to expend an entire amount 

20 (including interest on such amount) as required by 

21 paragraph (1) shall repay the unexpended portion to 

22 the Attorney General not later than 3 months after 

23 the date on which the grant period expires. 

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

25 State or unit of local government fails to comply 
45 

•S 2863 IS 

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

2 shall reduce amounts to be provided to that State or 

3 unit of local government accordingly. 

4 ‘‘(c) REPAID AMOUNTS.—Amounts received as repay5 ments under this section shall be subject to section 108 

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

7 repaid. Such amounts shall be deposited in the Treasury 

8 in a dedicated fund for use by the Attorney General to 

9 carry out this subpart. Such funds are hereby made avail10 able to carry out this subpart. 

11 ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

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

13 this subpart $1,075,000,000 for fiscal year 2005 and such 

14 sums as may be necessary for each of fiscal years 2006 

15 through 2008.’’. 

16 (b) REPEALS OF CERTAIN AUTHORITIES RELATING

17 TO BYRNE GRANTS.— 

18 (1) DISCRETIONARY GRANTS TO PUBLIC AND

19 PRIVATE ENTITIES.—Chapter A of subpart 2 of part 

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

21 Streets Act of 1968 (42 U.S.C. 3760–3762) is re22 pealed. 

23 (2) TARGETED GRANTS TO CURB MOTOR VEHI24 CLE THEFT.—Subtitle B of title I of the Anti Car 
46 

•S 2863 IS 

1 Theft Act of 1992 (42 U.S.C. 3750a–3750d) is re2 pealed. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) CRIME IDENTIFICATION TECHNOLOGY

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

6 Crime Identification Technology Act of 1998 (42 

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

8 and all that follows through ‘‘the M.O.R.E. pro9 gram’’ and inserting ‘‘such as the Edward Byrne 

10 Justice Assistance Grant Program and the M.O.R.E. 

11 program’’. 

12 (2) SAFE STREETS ACT.—Title I of the Omni13 bus Crime Control and Safe Streets Act of 1968 is 

14 amended— 

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

16 subsection (a)(1), by striking ‘‘pursuant to sec17 tion 511 or 515’’ and inserting ‘‘pursuant to 

18 section 515’’; 

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

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

21 ‘‘the program evaluations as required by 

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

23 ‘‘program evaluations’’; 

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

25 ‘‘evaluations of programs funded under 
47 

•S 2863 IS 

1 section 506 (formula grants) and sections 

2 511 and 515 (discretionary grants) of this 

3 part’’ and inserting ‘‘evaluations of pro4 grams funded under section 505 (formula 

5 grants) and section 515 (discretionary 

6 grants) of this part’’; and 

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

8 ‘‘programs funded under section 506 (for9 mula grants) and section 511 (discre10 tionary grants)’’ and inserting ‘‘programs 

11 funded under section 505 (formula 

12 grants)’’; 

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

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

15 preceding paragraph (1), by striking ‘‘sec16 tion 506’’ and inserting ‘‘section 505’’; and 

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

18 ‘‘an assessment of the impact of such ac19 tivities on meeting the needs identified in 

20 the State strategy submitted under section 

21 503’’ and inserting ‘‘an assessment of the 

22 impact of such activities on meeting the 

23 purposes of subpart 1’’; 

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

25 in the matter following paragraph (5)— 
48 

•S 2863 IS 

1 (i) by striking ‘‘the purposes of sec2 tion 501 of this title’’ and inserting ‘‘the 

3 purposes of such subpart 1’’; and 

4 (ii) by striking ‘‘the application sub5 mitted pursuant to section 503 of this 

6 title’’ and inserting ‘‘the application sub7 mitted pursuant to section 502 of this 

8 title’’; 

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

10 striking ‘‘the State office described in section 

11 507 or 1408’’ and inserting ‘‘the State office 

12 responsible for the trust fund required by sec13 tion 507, or the State office described in section 

14 1408,’’; 

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

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

17 of section 506(a)’’ and inserting ‘‘for the pur18 poses of section 505(a)’’; 

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

20 1)— 

21 (i) in paragraph (1), by striking ‘‘sec22 tion 506(a)’’ and inserting ‘‘section 

23 505(a)’’; 

24 (ii) in paragraph (2)— 
49 

•S 2863 IS 

1 (I) by striking ‘‘section 503(a)’’ 

2 and inserting ‘‘section 502’’; and 

3 (II) by striking ‘‘section 506’’ 

4 and inserting ‘‘section 505’’; 

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

6 in subsection (b), by striking ‘‘The office des7 ignated under section 507 of title I’’ and insert8 ing ‘‘The office responsible for the trust fund 

9 required by section 507’’; 

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

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

12 consideration of the statewide strategy under 

13 section 503(a)(1)’’; and 

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

15 in subsection (e), by striking ‘‘The Office des16 ignated under section 507’’ and inserting ‘‘The 

17 office responsible for the trust fund required by 

18 section 507’’. 

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

20 section shall apply with respect to the first fiscal year be21 ginning after the date of enactment of this title and each 

22 fiscal year thereafter. 
50 

•S 2863 IS 

1 SEC. 202. CLARIFICATION OF OFFICIAL TO BE CONSULTED 

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

4 ENFORCEMENT ASSISTANCE. 

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

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

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

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

9 Programs’’. 

10 SEC. 203. CLARIFICATION OF USES FOR REGIONAL INFOR11 MATION SHARING SYSTEM GRANTS. 

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

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

14 recently amended by section 701 of the USA PATRIOT 

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

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

17 before ‘‘information sharing systems’’; 

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

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

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

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

25 (4). 
51 

•S 2863 IS 

1 SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR THE 

2 REGIONAL INFORMATION SHARING SYSTEM 

3 TO FACILITATE FEDERAL-STATE-LOCAL LAW 

4 ENFORCEMENT RESPONSE RELATED TO TER5 RORIST ATTACKS. 

6 Section 1301 of title I of the Omnibus Crime Control 

7 and Safe Streets Act of 1968 (42 U.S.C. 3796h) is amend8 ed in subsection (d), by striking ‘‘$50,000,000 for fiscal 

9 year 2002 and $100,000,000 for fiscal year 2003’’ and 

10 inserting ‘‘$100,000,000 for each of fiscal years 2005 

11 through 2007’’. 

12 SEC. 205. INTEGRITY AND ENHANCEMENT OF NATIONAL 

13 CRIMINAL RECORD DATABASES. 

14 (a) DUTIES OF DIRECTOR.—Section 302 of the Om15 nibus Crime Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3732) is amended— 

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

18 third sentence the following new sentence: ‘‘The Di19 rector shall be responsible for the integrity of data 

20 and statistics and shall protect against improper or 

21 illegal use or disclosure.’’; 

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

23 (c) to read as follows: 

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

25 quality, timeliness, immediate accessibility, and inte26 gration of State criminal history and related records, 
52 

•S 2863 IS 

1 support the development and enhancement of na2 tional systems of criminal history and related 

3 records including the National Criminal History 

4 Background Check System, the National Incident5 Based Reporting System, and the records of the Na6 tional Crime Information Center, facilitate State 

7 participation in national records and information 

8 systems, and support statistical research for critical 

9 analysis of the improvement and utilization of crimi10 nal history records;’’; and 

11 (3) in subsection (d)— 

12 (A) by striking ‘‘and’’ at the end of para13 graph (4); 

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

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

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

17 ‘‘(6) confer and cooperate with Federal statis18 tical agencies as needed to carry out the purposes of 

19 this part, including by entering into cooperative data 

20 sharing agreements in conformity with all laws and 

21 regulations applicable to the disclosure and use of 

22 data.’’. 

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

24 U.S.C. 3735) is amended by striking ‘‘particular indi25 vidual’’ and inserting ‘‘private person or public agency’’. 
53 

•S 2863 IS 

1 (c) CONFIDENTIALITY OF INFORMATION.—Section 

2 812(a) of such Act (42 U.S.C. 3789g(a)) is amended by 

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

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

5 SEC. 206. EXTENSION OF CRIME FREE RURAL STATES 

6 GRANT PROGRAM. 

7 Section 2989 of the Omnibus Crime Control and Safe 

8 Streets Act of 1968 (42 U.S.C. 3797y–4), is amended by 

9 striking ‘‘and 2005’’ and inserting ‘‘2005, 2006, and 

10 2007’’. 

11 Subtitle B—Building Community 

12 Capacity To Prevent, Reduce, 

13 and Control Crime 

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

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

16 Crime Control and Safe Streets Act of 1968 is amended 

17 by inserting after section 102 (42 U.S.C. 3712) the fol18 lowing new sections: 

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

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

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

22 by a Director appointed by the Attorney General. 

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

24 units of local government, and neighborhood and commu-
54 

•S 2863 IS 

1 nity-based organizations in developing Weed and Seed 

2 strategies, as provided in section 104. 

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

4 is authorized to be appropriated to carry out this section 

5 such sums as may be necessary for each of fiscal years 

6 2005, 2006, and 2007, to remain available until expended. 

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

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

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

10 and Seed Strategies may implement strategies, to be 

11 known as Weed and Seed strategies, to prevent, control, 

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

13 and gang activity in designated Weed-and-Seed commu14 nities. Each such strategy shall involve both of the fol15 lowing activities: 

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

17 Weeding activities, which shall include promoting 

18 and coordinating a broad spectrum of community ef19 forts (especially those of law enforcement agencies 

20 and prosecutors) to arrest, and to sanction or incar21 cerate, persons in that community who participate or 

22 engage in violent crime, criminal drug-related activ23 ity, and other crimes that threaten the quality of life 

24 in that community. 
55 

•S 2863 IS 

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

2 Seeding activities, which shall include promoting and 

3 coordinating a broad spectrum of community efforts 

4 (such as drug abuse education, mentoring, and em5 ployment counseling) to provide— 

6 ‘‘(A) human services, relating to preven7 tion, intervention, or treatment, for at-risk indi8 viduals and families; and 

9 ‘‘(B) community revitalization efforts, in10 cluding enforcement of building codes and de11 velopment of the economy. 

12 ‘‘(b) GUIDELINES.—The Director shall issue guide13 lines for the development and implementation of Weed and 

14 Seed strategies under this section. The guidelines shall en15 sure that the Weed and Seed strategy for a community 

16 referred to in subsection (a) shall— 

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

18 under the auspices of a steering committee, properly 

19 established in the community, comprised of— 

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

21 of— 

22 ‘‘(i) appropriate law enforcement 

23 agencies; and 

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

25 and neighborhood and community-based 
56 

•S 2863 IS 

1 organizations, interested in criminal justice 

2 and community-based development and re3 vitalization in the community; and 

4 ‘‘(B) in a voting capacity, both— 

5 ‘‘(i) the Drug Enforcement Adminis6 tration’s special agent in charge for the ju7 risdiction encompassing the community; 

8 and 

9 ‘‘(ii) the United States Attorney for 

10 the District encompassing the community; 

11 ‘‘(2) describe how law enforcement agencies, 

12 other public and private agencies, neighborhood and 

13 community-based organizations, and interested citi14 zens are to cooperate in implementing the strategy; 

15 and 

16 ‘‘(3) incorporate a community-policing compo17 nent that shall serve as a bridge between the Weed18 ing activities under subsection (a)(1) and the Seed19 ing activities under subsection (a)(2). 

20 ‘‘(c) DESIGNATION.—For a community to be des21 ignated as a Weed-and-Seed community for purposes of 

22 subsection (a)— 

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

24 encompassing the community must certify to the Di25 rector that— 
57 

•S 2863 IS 

1 ‘‘(A) the community suffers from consist2 ently high levels of crime or otherwise is appro3 priate for such designation; 

4 ‘‘(B) the Weed and Seed strategy pro5 posed, adopted, or implemented by the steering 

6 committee has a high probability of improving 

7 the criminal justice system within the commu8 nity and contains all the elements required by 

9 the Director; and 

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

11 implementing the strategy appropriately; and 

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

13 timely and effective plan to independently sustain 

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

15 best practices of the strategy) when assistance under 

16 this section is no longer available. 

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

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

19 (a) shall be submitted to the Director by the steering com20 mittee of the community in such form, and containing 

21 such information and assurances, as the Director may re22 quire. The application shall propose— 

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

24 includes— 
58 

•S 2863 IS 

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

2 States Attorney for the District encompassing 

3 the community, the Drug Enforcement Admin4 istration’s special agent in charge for the juris5 diction encompassing the community, and other 

6 Federal law enforcement agencies operating in 

7 the vicinity; 

8 ‘‘(B) a significant community-oriented po9 licing component; and 

10 ‘‘(C) demonstrated coordination with com11 plementary neighborhood and community-based 

12 programs and initiatives; and 

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

14 specific objective indicia of performance to be used 

15 to evaluate the effectiveness of the strategy. 

16 ‘‘(e) GRANTS.— 

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

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

19 may make grants to that community. 

20 ‘‘(2) USES.—For each grant under this sub21 section, the community receiving that grant— 

22 ‘‘(A) shall use not more than 40 percent of 

23 the grant amounts for Seeding activities under 

24 subsection (a)(2); and 
59 

•S 2863 IS 

1 ‘‘(B) may not use any of the grant 

2 amounts for construction, except that the As3 sistant Attorney General may authorize use of 

4 grant amounts for incidental or minor construc5 tion, renovation, or remodeling. 

6 ‘‘(3) LIMITATIONS.—A community may not re7 ceive grants under this subsection (or fall within 

8 such a community)— 

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

10 years; 

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

12 except that the Assistant Attorney General 

13 may, in single increments and only upon a 

14 showing of extraordinary circumstances, author15 ize grants for not more than 3 additional sepa16 rate fiscal years; or 

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

18 $1,000,000, except that the Assistant Attorney 

19 General may, upon a showing of extraordinary 

20 circumstances, authorize grants for not more 

21 than an additional $500,000. 

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

23 this subsection, the Director shall ensure that— 

24 ‘‘(A) to the extent practicable, the distribu25 tion of such grants is geographically equitable 
60 

•S 2863 IS 

1 and includes both urban and rural areas of vary2 ing population and area; and 

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

4 clearly and effectively coordinate crime preven5 tion programs with other Federal programs in 

6 a manner that addresses the overall needs of 

7 such communities. 

8 ‘‘(5) FEDERAL SHARE.—(A) Subject to sub9 paragraph (B), the Federal share of a grant under 

10 this subsection may not exceed 75 percent of the 

11 total costs of the projects described in the applica12 tion for which the grant was made. 

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

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

15 and 

16 ‘‘(ii) may be waived by the Assistant Attor17 ney General upon a determination that the fi18 nancial circumstances affecting the applicant 

19 warrant a finding that such a waiver is equi20 table. 

21 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To re22 ceive a grant under this subsection, the applicant 

23 must provide assurances that the amounts received 

24 under the grant shall be used to supplement, not 

25 supplant, non-Federal funds that would otherwise be 
61 

•S 2863 IS 

1 available for programs or services provided in the 

2 community.’’. 

3 (b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED

4 AND SEED; TRANSFERS OF FUNCTIONS.— 

5 (1) ABOLISHMENT.—The Executive Office of 

6 Weed and Seed is abolished. 

7 (2) TRANSFER.—There are hereby transferred 

8 to the Office of Weed and Seed Strategies all func9 tions and activities performed immediately before 

10 the date of enactment of this title by the Executive 

11 Office of Weed and Seed Strategies. 

12 (c) EFFECTIVE DATE.—This section and the amend13 ments made by this section take effect 90 days after the 

14 date of enactment of this Act. 

15 Subtitle C—Assisting Victims of 

16 Crime 

17 SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS 

18 TO IMPROVE OUTREACH SERVICES TO VIC19 TIMS OF CRIME. 

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

21 (42 U.S.C. 10603(c)), as most recently amended by sec22 tion 623 of the USA PATRIOT Act (Public Law 107– 

23 56; 115 Stat. 372), is amended— 

24 (1) in paragraph (1)— 
62 

•S 2863 IS 

1 (A) in the matter preceding subparagraph 

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

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

4 ‘‘and’’ at the end; 

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

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

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

8 subparagraph: 

9 ‘‘(C) for nonprofit neighborhood and commu10 nity-based victim service organizations and coalitions 

11 to improve outreach and services to victims of 

12 crime.’’; 

13 (2) in paragraph (2)— 

14 (A) in subparagraph (A)— 

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

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

17 (1)(C)’’; 

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

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

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

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

22 subparagraph: 

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

24 any single grant under paragraph (1)(C).’’. 
63 

•S 2863 IS 

1 SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN 

2 AUTHORITIES RELATING TO CRIME VICTIMS 

3 FUND. 

4 Section 1402 of the Victims of Crime Act of 1984 

5 (42 U.S.C. 10601) is amended as follows: 

6 (1) AUTHORITY TO ACCEPT GIFTS.—Subsection 

7 (b)(5) of such section is amended by striking the pe8 riod at the end and inserting the following: ‘‘, which 

9 the Director is hereby authorized to accept for de10 posit into the Fund, except that the Director is not 

11 hereby authorized to accept any such gift, bequest, 

12 or donation that— 

13 ‘‘(A) attaches conditions inconsistent with 

14 applicable laws or regulations; or 

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

16 the expenditure of appropriated funds that are 

17 not available to the Office for Victims of 

18 Crime.’’. 

19 (2) AUTHORITY TO REPLENISH ANTITERRORISM

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

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

22 inserting ‘‘obligated’’. 

23 (3) AUTHORITY TO MAKE GRANTS TO INDIAN

24 TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Sub25 section (g) of such section is amended— 
64 

•S 2863 IS 

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

2 through the Director,’’; 

3 (B) by redesignating paragraph (2) as 

4 paragraph (3); and 

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

6 following new paragraph: 

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

8 funds available under subsection (d)(2) (prior to distribu9 tion) for grants to Indian tribes to establish victim assist10 ance programs, as appropriate.’’. 

11 (4) AUTHORITY TO CARRY OVER CERTAIN

12 AMOUNTS FROM YEAR TO YEAR.—Subsection (d)(5) 

13 of such section is amended— 

14 (A) in subparagraph (A), in the second 

15 sentence by inserting ‘‘, once each fiscal year,’’ 

16 after ‘‘subsequent fiscal years’’; and 

17 (B) in subparagraph (C), by inserting after 

18 ‘‘subparagraph (A)’’ the following: ‘‘, and 

19 amounts made available by law for obligation 

20 pursuant to sections 1402(g) and 1404(c) but 

21 remaining unobligated at the end of a fiscal 

22 year’’. 
65 

•S 2863 IS 

1 SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM 

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

4 (a) CRIME VICTIM COMPENSATION.—Section 

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

6 U.S.C. 10602(a)(3)) is amended— 

7 (1) by inserting ‘‘training purposes and’’ after 

8 ‘‘may be used for’’; and 

9 (2) by striking ‘‘5’’ and inserting ‘‘7.5’’. 

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

11 of such Act (42 U.S.C. 10603(b)(3)) is amended— 

12 (1) by inserting ‘‘training purposes and’’ after 

13 ‘‘may be used for’’; and 

14 (2) by striking ‘‘5’’ and inserting ‘‘7.5’’. 

15 SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO 

16 VIOLENCE AGAINST WOMEN FORMULA AND 

17 DISCRETIONARY GRANT PROGRAMS. 

18 (a) CLARIFICATION OF SPECIFIC PURPOSES.—Sec19 tion 2001(b) of the Omnibus Crime Control and Safe 

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

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

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

23 and strengthen victim services in cases involving violent 

24 crimes against women’’. 

25 (b) TECHNICAL AMENDMENT RELATING TO

26 MISDESIGNATED SECTIONS.—Section 402(2) of Public 
66 

•S 2863 IS 

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

2 ‘‘as sections 2006 through 2011, respectively’’ and insert3 ing ‘‘as sections 2007 through 2011, respectively’’. 

4 (c) TRIBAL COALITION GRANTS.— 

5 (1) IN GENERAL.—Section 2001 of title I of the 

6 Omnibus Crime Control and Safe Streets Act of 

7 1968 (42 U.S.C. 3796gg) is amended by adding at 

8 the end the following: 

9 ‘‘(d) TRIBAL COALITION GRANTS.— 

10 ‘‘(1) PURPOSE.—The Attorney General shall 

11 award grants to tribal domestic violence and sexual 

12 assault coalitions for purposes of— 

13 ‘‘(A) increasing awareness of domestic vio14 lence and sexual assault against Indian women; 

15 ‘‘(B) enhancing the response to violence 

16 against Indian women at the tribal, Federal, 

17 and State levels; and 

18 ‘‘(C) identifying and providing technical 

19 assistance to coalition membership and tribal 

20 communities to enhance access to essential serv21 ices to Indian women victimized by domestic 

22 and sexual violence. 

23 ‘‘(2) GRANTS TO TRIBAL COALITIONS.—The At24 torney General shall award grants under paragraph 

25 (1) to— 
67 

•S 2863 IS 

1 ‘‘(A) established nonprofit, nongovern2 mental tribal coalitions addressing domestic vio3 lence and sexual assault against Indian women; 

4 and 

5 ‘‘(B) individuals or organizations that pro6 pose to incorporate as nonprofit, nongovern7 mental tribal coalitions to address domestic vio8 lence and sexual assault against Indian women. 

9 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Re10 ceipt of an award under this subsection by tribal do11 mestic violence and sexual assault coalitions shall 

12 not preclude the coalition from receiving additional 

13 grants under this title to carry out the purposes de14 scribed in subsection (b).’’. 

15 (2) USE OF STATE GRANTS.—Section 

16 2007(b)(4) of title I of the Omnibus Crime Control 

17 and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

18 1(b)(4)) is amended to read as follows: 

‘‘(4) 1 19 ⁄54 shall be available for grants under sec20 tion 2001(d);’’. 

21 (d) AVAILABILITY OF FORENSIC MEDICAL EXAMS.— 

22 Section 2010 of such Act (42 U.S.C. 3796gg–4), as redes23 ignated pursuant to the amendment made by subsection 

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

25 subsections: 
68 

•S 2863 IS 

1 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov2 ernment may use Federal grant funds under this part to 

3 pay for forensic medical exams performed by trained ex4 aminers for victims of sexual assault, except that such 

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

6 by any State or Indian tribal government that requires 

7 victims of sexual assault to seek reimbursement for such 

8 exams from their insurance carriers. 

9 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to require a victim of sexual assault 

11 to participate in the criminal justice system or cooperate 

12 with law enforcement in order to be provided with a foren13 sic medical exam, reimbursement for charges incurred on 

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

15 (e) TECHNICAL AMENDMENT.—The heading for part 

16 T of title I of the Omnibus Crime Control and Safe Streets 

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

18 read as follows: 
69 

•S 2863 IS 

1 ‘‘PART T—GRANTS TO COMBAT VIOLENT CRIMES 

2 AGAINST WOMEN’’. 

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

5 TO ALSO ASSIST ENFORCEMENT OF SEXUAL 

6 ASSAULT CASES. 

7 (a) GRANTS TO ENCOURAGE DOMESTIC VIOLENCE

8 ARREST POLICIES.—Section 2101 of the Omnibus Crime 

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

10 is amended— 

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

13 ‘‘to treat domestic violence and sexual assault as se14 rious violations’’; 

15 (2) in subsection (b)— 

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

17 striking ‘‘domestic violence and dating violence’’ 

18 and inserting ‘‘domestic violence, sexual assault, 

19 and dating violence’’; 

20 (B) in paragraph (3), by striking ‘‘domes21 tic violence cases’’ and inserting ‘‘domestic vio22 lence and sexual assault cases’’; 

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

24 domestic violence’’ and inserting ‘‘about domes25 tic violence and sexual assault’’; and 

26 (D) at the end, by adding the following: 
70 

•S 2863 IS 

1 ‘‘(9) To develop and implement policies and 

2 training for police, prosecutors, and the judiciary in 

3 recognizing, investigating, and prosecuting instances 

4 of sexual assault perpetrated by an acquaintance of 

5 the victim, with an emphasis on recognizing the 

6 threat to the community for repeat crime perpetra7 tion by such individuals. 

8 ‘‘(10) To educate police, prosecutors, and the 

9 judiciary about the co-occurrence of sexual assault 

10 and domestic violence and dating violence, with an 

11 emphasis on investigating and prosecuting such 

12 crimes when they occur.’’; and 

13 (3) in subsection (d), by striking ‘‘In this sec14 tion, the term’’ and inserting ‘‘In this part— 

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

16 given the term in section 2008; and 

17 ‘‘(2) the term’’. 

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

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

20 (1) and (2) by inserting after ‘‘involving domestic vio21 lence’’ the following: ‘‘or sexual assault’’. 

22 (c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

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

24 Violence Against Women Act of 1994 (title IV of the Vio25 lent Crime Control and Law Enforcement Act of 1994; 
71 

•S 2863 IS 

1 42 U.S.C. 13971(a)) is amended in each of paragraphs 

2 (1) and (2) by striking ‘‘domestic violence and dating vio3 lence (as defined in section 2003’’ and inserting ‘‘domestic 

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

5 terms are defined in section 2008’’. 

6 Subtitle D—Preventing Crime 

7 SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OF8 FENDER FOR PURPOSES OF JUVENILE DRUG 

9 COURTS. 

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

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

12 amended in the matter preceding paragraph (1) by strik13 ing ‘‘an offense that’’ and inserting ‘‘a felony-level offense 

14 that’’. 

15 SEC. 232. ELIGIBILITY FOR GRANTS UNDER DRUG COURT 

16 GRANTS PROGRAM EXTENDED TO COURTS 

17 THAT SUPERVISE NON-OFFENDERS WITH 

18 SUBSTANCE ABUSE PROBLEMS. 

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

20 3797u(a)(1)) is amended by striking ‘‘offenders with sub21 stance abuse problems’’ and inserting ‘‘offenders, and 

22 other individuals under the jurisdiction of the court, with 

23 substance abuse problems’’. 
72 

•S 2863 IS 

1 SEC. 233. TERM OF RESIDENTIAL SUBSTANCE ABUSE 

2 TREATMENT PROGRAM FOR LOCAL FACILI3 TIES. 

4 Section 1904 of the Omnibus Crime Control and Safe 

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

6 adding at the end the following new subsection: 

7 ‘‘(d) DEFINITION.—In this section, the term ‘jail8 based substance abuse treatment program’ means a course 

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

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

11 set apart from the general population of the correctional 

12 facility, if those activities are— 

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

14 of the prisoners; and 

15 ‘‘(2) intended to develop the cognitive, behav16 ioral, and other skills of prisoners in order to ad17 dress the substance abuse and related problems of 

18 prisoners.’’. 

19 SEC. 234. RURAL 9–1–1 SERVICE. 

20 (a) PURPOSE.—The purpose of this section is to pro21 vide access to, and improve a communications infrastruc22 ture that will ensure a reliable and seamless communica23 tion between, law enforcement, fire, and emergency med24 ical service providers in units of local government and trib25 al governments located outside a Standard Metropolitan 

26 Statistical Area and in States. 
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•S 2863 IS 

1 (b) AUTHORITY TO MAKE GRANTS.—The Office of 

2 Justice Programs of the Department of Justice shall make 

3 grants, in accordance with such regulations as the Attor4 ney General may prescribe, to units of local government 

5 and tribal governments located outside a Standard Metro6 politan Statistical Area for the purpose of establishing or 

7 improving 9–1–1 service in those communities. Priority in 

8 making grants under this section shall be given to commu9 nities that do not have 9–1–1 service. 

10 (c) DEFINITION.—In this section, the term ‘‘9–1–1 

11 service’’ refers to telephone service that has designated 9– 

12 1–1 as a universal emergency telephone number in the 

13 community served for reporting an emergency to appro14 priate authorities and requesting assistance. 

15 (d) LIMIT ON GRANT AMOUNT.—The total amount 

16 of a grant made under this section shall not exceed 

17 $250,000. 

18 (e) FUNDING.— 

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

20 appropriated to carry out this section $25,000,000 

21 for fiscal year 2005, to remain available until ex22 pended. 

23 (2) SET-ASIDE.—Of the amount made available 

24 for grants under this section, 10 percent shall be 

25 awarded to tribal governments. 
74 

•S 2863 IS 

1 SEC. 235. METHAMPHETAMINE CLEANUP. 

2 (a) IN GENERAL.—The Attorney General shall, 

3 through the Department of Justice or through grants to 

4 States or units of local government and tribal governments 

5 located outside a Standard Metropolitan Statistical Area, 

6 in accordance with such regulations as the Attorney Gen7 eral may prescribe, provide for— 

8 (1) the cleanup of methamphetamine labora9 tories and related hazardous waste in units of local 

10 government and tribal governments located outside a 

11 Standard Metropolitan Statistical Area; and 

12 (2) the improvement of contract-related re13 sponse time for cleanup of methamphetamine labora14 tories and related hazardous waste in units of local 

15 government and tribal governments located outside a 

16 Standard Metropolitan Statistical Area by providing 

17 additional contract personnel, equipment, and facili18 ties. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.— 

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

21 appropriated $20,000,000 for fiscal year 2005 to 

22 carry out this section. 

23 (2) FUNDING ADDITIONAL.—Amounts author24 ized by this section are in addition to amounts oth25 erwise authorized by law. 
75 

•S 2863 IS 

1 (3) SET-ASIDE.—Of the amount made available 

2 for grants under this section, 10 percent shall be 

3 awarded to tribal governments. 

4 SEC. 236. NATIONAL CITIZENS CRIME PREVENTION CAM5 PAIGN. 

6 (a) IN GENERAL.—Pursuant to subpart 1 of part E 

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

8 Act of 1968, the Director of the Bureau of Justice Assist9 ance shall make grants to the National Citizens Crime 

10 Prevention Campaign. 

11 (b) CAMPAIGN ACTIVITIES.—Grants under this sec12 tion shall be used for campaign activities including— 

13 (1) a national public communications campaign; 

14 (2) the development and distribution of publica15 tions; 

16 (3) trainings for local law enforcement per17 sonnel and community leaders; 

18 (4) technical assistance to States and local gov19 ernments; research and demonstrations; and 

20 (5) the McGruff Truck/McGruff House pro21 gram. 

22 (c) MATCH REQUIREMENT.—The Director of the Bu23 reau of Justice Assistance shall require a 30 percent non24 Federal match for Federal funds granted under this sec25 tion 
76 

•S 2863 IS 

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized— 

3 (1) in fiscal year 2005, $6,000,000 to carry out 

4 this section; 

5 (2) in fiscal year 2006, $6,000,000 to carry out 

6 this section; and 

7 (3) in fiscal year 2007, $7,000,000 to carry out 

8 this section. 

9 SEC. 237. SEARCH, THE NATIONAL CONSORTIUM FOR JUS10 TICE INFORMATION AND STATISTICS. 

11 (a) IN GENERAL.—Pursuant to subpart 1 of part E 

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

13 Act of 1968, the Director of the Bureau of Justice Assist14 ance shall make grants to SEARCH, the National Consor15 tium for Justice Information and Statistics, to carry out 

16 the operations of the National Technical Assistance and 

17 Training Program operated by SEARCH under the direc18 tion of the Office of Justice Programs. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated in each of fiscal years 

21 2005, 2006, and 2007, $4,000,000 to carry out this sec22 tion. 
77 

•S 2863 IS 

1 Subtitle E—Other Matters 

2 SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES. 

3 (a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM

4 PAYING STATES INTEREST ON LATE DISBURSEMENTS

5 ALSO EXEMPTED FROM PAYING CHARGE TO TREASURY

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

7 such Act (116 Stat. 1776; 31 U.S.C. 6503 note) is amend8 ed— 

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

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

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

12 ‘‘sections 3335(b) or 6503’’. 

13 (b) SOUTHWEST BORDER PROSECUTOR INITIATIVE

14 INCLUDED AMONG SUCH EXEMPTED PROGRAMS.—Sec15 tion 204(f) of such Act is further amended by striking 

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

17 the Southwest Border Prosecutor Initiative (as carried out 

18 pursuant to paragraph (3) (117 Stat. 64) under the head19 ing relating to Community Oriented Policing Services of 

20 the Department of Justice Appropriations Act, 2003 (title 

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

22 pursuant to any subsequent authority) or section 501(a)’’. 

23 (c) FUNDS AVAILABLE FOR ATFE MAY BE USED

24 FOR AIRCRAFT, BOATS, AMMUNITION, FIREARMS, FIRE25 ARMS COMPETITIONS, AND ANY AUTHORIZED ACTIV-
78 

•S 2863 IS 

1 ITY.—Section 530C(b) of title 28, United States Code, is 

2 amended— 

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

4 (A) and (B), by inserting ‘‘for the Bureau of Alco5 hol, Tobacco, Firearms, and Explosives,’’ before ‘‘for 

6 the Drug Enforcement Administration,’’; and 

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

8 paragraph: 

9 ‘‘(8) BUREAU OF ALCOHOL, TOBACCO, FIRE10 ARMS, AND EXPLOSIVES.—Funds available to the 

11 Attorney General for the Bureau of Alcohol, To12 bacco, Firearms, and Explosives may be used for the 

13 conduct of all its authorized activities.’’. 

14 (d) ATFE UNDERCOVER INVESTIGATIVE OPER15 ATIONS.—Section 102(b) of the Department of Justice 

16 and Related Agencies Appropriations Act, 1993 (28 

17 U.S.C. 533 note), as in effect pursuant to section 815(d) 

18 of the Antiterrorism and Effective Death Penalty Act of 

19 1996 (28 U.S.C. 533 note) shall apply with respect to the 

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

21 the undercover investigative operations of the Bureau on 

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

23 other agency and the undercover investigative operations 

24 of such agency. 
79 

•S 2863 IS 

1 SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTOR2 NEY GENERAL. 

3 (a) COORDINATE AND SUPPORT OFFICE FOR VIC4 TIMS OF CRIME.—Section 102 of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3712) is 

6 amended in subsection (a)(5) by inserting after ‘‘the Bu7 reau of Justice Statistics,’’ the following: ‘‘the Office for 

8 Victims of Crime,’’. 

9 (b) SETTING GRANT CONDITIONS.—Such section is 

10 further amended in subsection (a)(6) by inserting ‘‘, in11 cluding placing special conditions on all grants’’ before the 

12 period at the end. 

13 SEC. 243. REPEAL OF CERTAIN PROGRAMS. 

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

15 provisions of title I of the Omnibus Crime Control and 

16 Safe Streets Act of 1968 are repealed: 

17 (1) CRIMINAL JUSTICE FACILITY CONSTRUC18 TION PILOT PROGRAM.—Part F (42 U.S.C. 3769– 

19 3769d). 

20 (2) MATCHING GRANT PROGRAM FOR SCHOOL

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

22 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE23 MENT ACT PROGRAMS.—The following provisions of the 

24 Violent Crime Control and Law Enforcement Act of 1994 

25 are repealed: 
80 

•S 2863 IS 

1 (1) LOCAL CRIME PREVENTION BLOCK GRANT

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

3 13751–13758). 

4 (2) ASSISTANCE FOR DELINQUENT AND AT5 RISK YOUTH.—Subtitle G of title III (42 U.S.C. 

6 13801–13802). 

7 (3) IMPROVED TRAINING AND TECHNICAL AU8 TOMATION.—Subtitle E of title XXI (42 U.S.C. 

9 14151). 

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

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

12 SEC. 244. ELIMINATION OF CERTAIN NOTICE AND HEARING 

13 REQUIREMENTS. 

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

15 Safe Streets Act of 1968 is amended as follows: 

16 (1) NOTICE AND HEARING ON DENIAL OR TER17 MINATION OF GRANT.—Section 802 (42 U.S.C. 

18 3783) of such part is amended— 

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

20 and 

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

22 (2) FINALITY OF DETERMINATIONS.—Section 

23 803 (42 U.S.C. 3784) of such part is amended— 

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

25 and opportunity for a hearing,’’; and 
81 

•S 2863 IS 

1 (B) by striking ‘‘, except as otherwise pro2 vided herein’’. 

3 (3) REPEAL OF APPELLATE COURT REVIEW.— 

4 Section 804 (42 U.S.C. 3785) of such part is re5 pealed. 

6 SEC. 245. AMENDED DEFINITIONS FOR PURPOSES OF OMNI7 BUS CRIME CONTROL AND SAFE STREETS 

8 ACT OF 1968. 

9 Section 901 of title I of the Omnibus Crime Control 

10 and Safe Streets Act of 1968 (42 U.S.C. 3791) is amend11 ed as follows: 

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

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

14 is defined in section 103 of the Juvenile Justice and 

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

16 5603))’’. 

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

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

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

20 (3) NEIGHBORHOOD OR COMMUNITY-BASED OR21 GANIZATIONS.—Subsection (a)(11) of such section is 

22 amended by striking ‘‘which’’ and inserting ‘‘, in23 cluding faith-based, that’’. 

24 (4) INDIAN TRIBE; PRIVATE PERSON.—Sub25 section (a) of such section is further amended— 
82 

•S 2863 IS 

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

2 the end; 

3 (B) in paragraph (25) by striking the pe4 riod at the end and inserting a semicolon; and 

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

6 paragraphs: 

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

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

9 Indian Self-Determination and Education Assistance 

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

11 ‘‘(27) the term ‘private person’ means any indi12 vidual (including an individual acting in his official 

13 capacity) and any private partnership, corporation, 

14 association, organization, or entity (or any combina15 tion thereof).’’. 

16 SEC. 246. CLARIFICATION OF AUTHORITY TO PAY SUBSIST17 ENCE PAYMENTS TO PRISONERS FOR 

18 HEALTH CARE ITEMS AND SERVICES. 

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

20 amended— 

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

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

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

24 (2) in subsection (b)(1)— 
83 

•S 2863 IS 

1 (A) by striking ‘‘the Immigration and Nat2 uralization Service’’ and inserting ‘‘the Depart3 ment of Homeland Security’’; 

4 (B) by striking ‘‘shall not exceed the lesser 

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

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

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

8 all that follows through ‘‘the Medicare pro9 gram’’ and inserting ‘‘items and services under 

10 the Medicare program’’; and 

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

12 through the period at the end and inserting a 

13 period. 

14 SEC. 247. CONSOLIDATION OF FINANCIAL MANAGEMENT 

15 SYSTEMS OF OFFICE OF JUSTICE PROGRAMS. 

16 (a) CONSOLIDATION OF ACCOUNTING ACTIVITIES

17 AND PROCUREMENT ACTIVITIES.—The Assistant Attor18 ney General of the Office of Justice Programs shall ensure 

19 that— 

20 (1) all accounting activities for all elements of 

21 the Office of Justice Programs are carried out under 

22 the direct management of the Office of the Comp23 troller; and 
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•S 2863 IS 

1 (2) all procurement activities for all elements of 

2 the Office are carried out under the direct manage3 ment of the Office of Administration. 

4 (b) FURTHER CONSOLIDATION OF PROCUREMENT

5 ACTIVITIES.—The Assistant Attorney General shall en6 sure that, on and after September 30, 2007— 

7 (1) all procurement activities for all elements of 

8 the Office are carried out through a single manage9 ment office; and 

10 (2) all contracts and purchase orders used in 

11 carrying out those activities are processed through a 

12 single procurement system. 

13 (c) CONSOLIDATION OF FINANCIAL MANAGEMENT

14 SYSTEMS.—The Assistant Attorney General shall ensure 

15 that, on and after September 30, 2010, all financial man16 agement activities (including human resources, payroll, 

17 and accounting activities, as well as procurement activi18 ties) of all elements of the Office are carried out through 

19 a single financial management system. 

20 (d) ACHIEVING COMPLIANCE.— 

21 (1) SCHEDULE.—The Assistant Attorney Gen22 eral shall undertake a scheduled consolidation of op23 erations to achieve compliance with the requirements 

24 of this section. 
85 

•S 2863 IS 

1 (2) SPECIFIC REQUIREMENTS.—With respect to 

2 achieving compliance with the requirements of— 

3 (A) subsection (a), the consolidation of op4 erations shall be initiated not later than 90 

5 days after the date of enactment of this Act; 

6 and 

7 (B) subsections (b) and (c), the consolida8 tion of operations shall be initiated not later 

9 than September 30, 2005, and shall be carried 

10 out by the Office of Administration, in con11 sultation with the Chief Information Officer 

12 and the Office of Audit, Assessment, and Man13 agement. 

14 SEC. 248. AUTHORIZATION AND CHANGE OF COPS PRO15 GRAM TO SINGLE GRANT PROGRAM. 

16 (a) IN GENERAL.—Section 1701 of title I of the Om17 nibus Crime Control and Safe Streets Act of 1968 (42 

18 U.S.C. 3796dd) is amended— 

19 (1) by amending subsection (a) to read as fol20 lows: 

21 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen22 eral shall carry out a single grant program under which 

23 the Attorney General makes grants to States, units of 

24 local government, Indian tribal governments, other public 
86 

•S 2863 IS 

1 and private entities, and multi-jurisdictional or regional 

2 consortia for the purposes described in subsection (b).’’; 

3 (2) by striking subsections (b) and (c); 

4 (3) by redesignating subsection (d) as sub5 section (b), and in that subsection— 

6 (A) by striking ‘‘ADDITIONAL GRANT

7 PROJECTS.—Grants made under subsection (a) 

8 may include programs, projects, and other ac9 tivities to—’’ and inserting ‘‘USES OF GRANT

10 AMOUNTS.—The purposes for which grants 

11 made under subsection (a) may be made are— 

12 ’’; 

13 (B) by redesignating paragraphs (1) 

14 through (12) as paragraphs (5) through (16), 

15 respectively; 

16 (C) by inserting before paragraph (5) (as 

17 so redesignated) the following: 

18 ‘‘(1) rehire law enforcement officers who have 

19 been laid off as a result of State and local budget 

20 reductions for deployment in community-oriented po21 licing; 

22 ‘‘(2) hire and train new, additional career law 

23 enforcement officers for deployment in community24 oriented policing across the Nation; 
87 

•S 2863 IS 

1 ‘‘(3) procure equipment, technology, or support 

2 systems, or pay overtime, to increase the number of 

3 officers deployed in community-oriented policing; 

4 ‘‘(4) improve security at schools and on school 

5 grounds in the jurisdiction of the grantee through— 

6 ‘‘(A) placement and use of metal detectors, 

7 locks, lighting, and other deterrent measures; 

8 ‘‘(B) security assessments; 

9 ‘‘(C) security training of personnel and 

10 students; 

11 ‘‘(D) coordination with local law enforce12 ment; and 

13 ‘‘(E) any other measure that, in the deter14 mination of the Attorney General, may provide 

15 a significant improvement in security;’’; and 

16 (D) by amending paragraph (8) (as so re17 designated) to read as follows: 

18 ‘‘(8) develop new technologies, including inter19 operable communications technologies, modernized 

20 criminal record technology, and forensic technology, 

21 to assist State and local law enforcement agencies in 

22 reorienting the emphasis of their activities from re23 acting to crime to preventing crime and to train law 

24 enforcement officers to use such technologies;’’; 
88 

•S 2863 IS 

1 (4) by redesignating subsections (e) through (k) 

2 as subsections (c) through (i), respectively; 

3 (5) in subsection (c) (as so redesignated) by 

4 striking ‘‘subsection (i)’’ and inserting ‘‘subsection 

5 (g)’’; and 

6 (6) by adding at the end the following new sub7 section: 

8 ‘‘(j) MATCHING FUNDS FOR SCHOOL SECURITY

9 GRANTS.—Notwithstanding subsection (i), in the case of 

10 a grant under subsection (a) for the purposes described 

11 in subsection (b)(4)— 

12 ‘‘(1) the portion of the costs of a program pro13 vided by that grant may not exceed 50 percent; 

14 ‘‘(2) any funds appropriated by Congress for 

15 the activities of any agency of an Indian tribal gov16 ernment or the Bureau of Indian Affairs performing 

17 law enforcement functions on any Indian lands may 

18 be used to provide the non-Federal share of a 

19 matching requirement funded under this subsection; 

20 and 

21 ‘‘(3) the Attorney General may provide, in the 

22 guidelines implementing this section, for the require23 ment of paragraph (1) to be waived or altered in the 

24 case of a recipient with a financial need for such a 

25 waiver or alteration.’’. 
89 

•S 2863 IS 

1 (b) CONFORMING AMENDMENT.—Section 1702 of 

2 title I of the Omnibus Crime Control and Safe Streets Act 

3 of 1968 (42 U.S.C. 3796dd–1) is amended in subsection 

4 (d)(2) by striking ‘‘section 1701(d)’’ and inserting ‘‘sec5 tion 1701(b)’’. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11)) 

8 is amended— 

9 (1) in subparagraph (A) by striking clause (i) 

10 and all that follows through the period at the end 

11 and inserting the following: 

12 ‘‘(i) $1,027,176,000 for fiscal year 2005; 

13 ‘‘(ii) $1,047,119,000 for fiscal year 2006; and 

14 ‘‘(iii) $1,068,061,000 for fiscal year 2007.’’; 

15 and 

16 (2) in subparagraph (B)— 

17 (A) by striking ‘‘section 1701(f)’’ and in18 serting ‘‘section 1701(d)’’; and 

19 (B) by striking the third sentence. 

20 SEC. 249. ENHANCED ASSISTANCE FOR CRIMINAL INVES21 TIGATIONS AND PROSECUTIONS BY STATE 

22 AND LOCAL LAW ENFORCEMENT OFFICIALS. 

23 (a) IN GENERAL.—At the request of a State, Indian 

24 tribal government, or unit of local government, the Attor25 ney General shall provide technical, forensic, prosecutorial, 
90 

•S 2863 IS 

1 or any other form of assistance in the criminal investiga2 tion or prosecution of any crime that— 

3 (1) constitutes a crime of violence (as defined 

4 in section 16 of title 18, United States Code); 

5 (2) constitutes a felony under the laws of the 

6 State or Indian tribe; and 

7 (3) is committed against a person under 18 

8 years of age. 

9 (b) PRIORITY.—If the Attorney General determines 

10 that there are insufficient resources to fulfill requests 

11 made pursuant to subsection (a), the Attorney General 

12 shall give priority to requests for assistance to— 

13 (1) crimes committed by, or believed to be com14 mitted by, offenders who have committed crimes in 

15 more than 1 State; and 

16 (2) rural jurisdictions that have difficulty cov17 ering the extraordinary expenses relating to the in18 vestigation or prosecution of the crime. 

19 TITLE III—COMBATING MONEY 

20 LAUNDERING AND TER21 RORIST FINANCING ACT OF 

22 2004 

23 SEC. 301. SHORT TITLE. 

24 This title may be cited as the ‘‘Combating Money 

25 Laundering and Terrorist Financing Act of 2004’’. 
91 

•S 2863 IS 

1 SEC. 302. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING. 

2 (a) RICO DEFINITIONS.—Section 1961(1) of title 

3 18, United States Code, is amended— 

4 (1) in subparagraph (A), by inserting ‘‘bur5 glary, embezzlement,’’ after ‘‘robbery,’’; 

6 (2) in subparagraph (B), by— 

7 (A) inserting ‘‘section 1960 (relating to il8 legal money transmitters),’’ before ‘‘sections 

9 2251’’; 

10 (B) striking ‘‘1588’’ and inserting ‘‘1592’’; 

11 (C) inserting ‘‘and 1470’’ after ‘‘1461– 

12 1465’’; and 

13 (D) inserting ‘‘2252A,’’ after ‘‘2252,’’; 

14 (3) in subparagraph (D), by striking ‘‘fraud in 

15 the sale of securities’’ and inserting ‘‘fraud in the 

16 purchase or sale of securities’’; and 

17 (4) in subparagraph (F), by inserting ‘‘and 

18 274A’’ after ‘‘274’’. 

19 (b) MONETARY INVESTMENTS.—Section 

20 1956(c)(7)(D) of title 18, United States Code, is amended 

21 by— 

22 (1) inserting ‘‘, or section 2339C (relating to fi23 nancing of terrorism)’’ before ‘‘of this title’’; and 

24 (2) striking ‘‘or any felony violation of the For25 eign Corrupt Practices Act’’ and inserting ‘‘any fel26 ony violation of the Foreign Corrupt Practices Act, 
92 

•S 2863 IS 

1 or any violation of section 208 of the Social Security 

2 Act (42 U.S.C. 408) (relating to obtaining funds 

3 through misuse of a social security number)’’. 

4 SEC. 303. ILLEGAL MONEY TRANSMITTING BUSINESSES. 

5 (a) TECHNICAL AMENDMENTS.—Section 1960 of 

6 title 18, United States Code, is amended— 

7 (1) in the caption by striking ‘‘unlicensed’’ and 

8 inserting ‘‘illegal’’; 

9 (2) in subsection (a), by striking ‘‘unlicensed’’ 

10 and inserting ‘‘illegal’’; 

11 (3) in subsection (b)(1), by striking ‘‘unli12 censed’’ and inserting ‘‘illegal’’; and 

13 (4) in subsection (b)(1)(C), by striking ‘‘to be 

14 used to be used’’ and inserting ‘‘to be used’’. 

15 (b) PROHIBITION OF UNLICENSED MONEY TRANS16 MITTING BUSINESSES.—Section 1960(b)(1)(B) of title 18, 

17 United States Code, is amended by inserting the following 

18 before the semicolon: ‘‘, whether or not the defendant 

19 knew that the operation was required to comply with such 

20 registration requirements’’. 

21 SEC. 304. ASSETS OF PERSONS COMMITTING TERRORIST 

22 ACTS AGAINST FOREIGN COUNTRIES OR 

23 INTERNATIONAL ORGANIZATIONS. 

24 Section 981(a)(1)(G) of title 18, United States Code, 

25 is amended by— 
93 

•S 2863 IS 

1 (1) striking ‘‘or’’ at the end of clause (ii); 

2 (2) striking the period at the end of clause (iii) 

3 and inserting ‘‘; or’’; and 

4 (3) inserting after clause (iii) the following: 

5 ‘‘(iv) of any individual, entity, or or6 ganization engaged in planning or perpe7 trating any act of international terrorism 

8 (as defined in section 2331) against any 

9 international organization (as defined in 

10 section 209 of the State Department Basic 

11 Authorities Act of 1956 (22 U.S.C. 

12 4309(b))) or against any foreign govern13 ment. Where the property sought for for14 feiture is located beyond the territorial 

15 boundaries of the United States, an act in 

16 furtherance of such planning or perpetra17 tion must have occurred within the juris18 diction of the United States.’’. 

19 SEC. 305. MONEY LAUNDERING THROUGH INFORMAL 

20 VALUE TRANSFER SYSTEMS. 

21 Section 1956(a) of title 18, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(4) A transaction described in paragraph (1) or a 

24 transportation, transmission, or transfer described in 

25 paragraph (2) shall be deemed to involve the proceeds of 
94 

•S 2863 IS 

1 specified unlawful activity, if the transaction, transpor2 tation, transmission, or transfer is part of a single plan 

3 or arrangement whose purpose is described in either of 

4 those paragraphs and one part of such plan or arrange5 ment actually involves the proceeds of specified unlawful 

6 activity.’’. 

7 SEC. 306. TECHNICAL CORRECTIONS TO FINANCING OF 

8 TERRORISM STATUTE. 

9 (a) CONCEALMENT.—Section 2339C(c)(2) of title 18, 

10 United States Code, is amended— 

11 (1) by striking ‘‘resources, or funds’’ and in12 serting ‘‘resources, or any funds or proceeds of such 

13 funds’’; 

14 (2) in subparagraph (A), by striking ‘‘were pro15 vided’’ and inserting ‘‘are to be provided, or knowing 

16 that the support or resources were provided,’’; and 

17 (3) in subparagraph (B)— 

18 (A) by striking ‘‘or any proceeds of such 

19 funds’’; and 

20 (B) by striking ‘‘were provided or col21 lected’’ and inserting ‘‘are to be provided or col22 lected, or knowing that the funds were provided 

23 or collected,’’. 

24 (b) INTERNATIONAL TERRORISM.—Section 

25 2332b(g)(5)(B) of title 18, United States Code, is amend-
95 

•S 2863 IS 

1 ed by inserting ‘‘)’’ after ‘‘2339C (relating to financing 

2 of terrorism’’. 

3 SEC. 307. MISCELLANEOUS AND TECHNICAL AMENDMENTS. 

4 (a) CRIMINAL FORFEITURE.—Section 982(b) of title 

5 18, United States Code, is amended in subsection (b)(2), 

6 by striking ‘‘The substitution’’ and inserting ‘‘With re7 spect to a forfeiture under subsection (a)(1), the substi8 tution’’. 

9 (b) TECHNICAL AMENDMENTS TO SECTIONS 1956 

10 AND 1957.— 

11 (1) UNLAWFUL ACTIVITY.—Section 

12 1956(c)(7)(F) of title 18, United States Code, is 

13 amended by inserting ‘‘, as defined in section 24’’ 

14 before the period. 

15 (2) PROPERTY FROM UNLAWFUL ACTIVITY.— 

16 Section 1957 of title 18, United States Code, is 

17 amended— 

18 (A) in subsection (a), by striking ‘‘engages 

19 or attempts to engage in’’ and inserting ‘‘con20 ducts or attempts to conduct’’; and 

21 (B) in subsection (f), by inserting the fol22 lowing after paragraph (3): 

23 ‘‘(4) the term ‘conducts’ has the same meaning 

24 as it does for purposes of section 1956 of this title.’’. 
96 

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1 (c) OBSTRUCTION OF JUSTICE.—Section 

2 1510(b)(3)(B) of title 18, United States Code, is amended 

3 by striking ‘‘or’’ the first time it appears and inserting 

4 ‘‘, a subpoena issued pursuant to section 1782 of title 28, 

5 or’’. 

6 SEC. 308. EXTENSION OF THE MONEY LAUNDERING AND FI7 NANCIAL CRIMES STRATEGY ACT OF 1998. 

8 (a) TRANSMITTAL TO CONGRESS.—Section 

9 5341(a)(2) of title 31, United States Code, is amended 

10 by striking ‘‘and 2003’’ and inserting ‘‘2003, 2004, 2005, 

11 and 2006’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 5355 of title 31, United States Code, is amended by in14 serting after the item for fiscal year 2003 the following: 

‘‘2004 ............................................. $15,000,000 

‘‘2005 ............................................. $15,000,000 

‘‘2006 ............................................. $15,000,000.’’. 

15 TITLE IV—PREVENTION AND RE16 COVERY OF MISSING CHIL17 DREN ACT OF 2004 

18 SEC. 401. SHORT TITLE. 

19 This title may be cited as the ‘‘Prevention and Recov20 ery of Missing Children Act of 2004’’. 

21 SEC. 402. FINDINGS. 

22 Congress finds the following: 

23 (1) An improved registration system for sex of24 fenders and others who commit predatory acts 
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1 against children will provide law enforcement agen2 cies with additional information critical to pre3 venting and promptly resolving such crimes. 

4 (2) Federal, State, and local law enforcement 

5 were called upon to investigate over 12,000 non-fam6 ily abductions in the United States in 1999. 

7 (3) The National Crime Information Center 

8 (NCIC) database, which links more than 16,000 

9 Federal, State, and local law enforcement agencies, 

10 is a critical means of cooperation among law en11 forcement agencies. 

12 (4) Delays in entering missing children reports 

13 into the NCIC database leads to investigative delays 

14 when time is critical to ensuring the safe return of 

15 missing children, as evidenced by the fact that in 74 

16 percent of abduction homicide cases the child is dead 

17 within the first 3 hours and 91 percent are killed 

18 within 24 hours. 

19 SEC. 403. MISSING CHILD REPORTING REQUIREMENTS. 

20 (a) IN GENERAL.—Section 3702 of the Crime Con21 trol Act of 1990 (42 U.S.C. 5780) is amended— 

22 (1) by redesignating paragraphs (2) and (3) as 

23 paragraphs (3) and (4), respectively; 

24 (2) by inserting after paragraph (1) the fol25 lowing: 
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1 ‘‘(2) ensure that no law enforcement agency 

2 within the State establishes or maintains any policy 

3 that requires the removal of a missing person entry 

4 from its State law enforcement system or the Na5 tional Crime Information Center computer network 

6 based solely on the age of the person;’’; and 

7 (3) in paragraph (3), as so redesignated, by 

8 striking ‘‘immediately’’ and inserting ‘‘within 2 

9 hours of receipt’’. 

10 SEC. 404. STANDARDS FOR SEX OFFENDER REGISTRATION 

11 PROGRAMS. 

12 (a) IN GENERAL.—Section 170101 of the Violent 

13 Crime Control and Law Enforcement Act of 1994 (42 

14 U.S.C. 14071) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1)(A)— 

17 (i) by striking clause (i), and inserting 

18 the following: 

19 ‘‘(i) inform the person of the duty to 

20 register and obtain the information re21 quired for such registration, including the 

22 person’s name, current address, antici23 pated future residence, employer name and 

24 address, license plate number and other 

25 identifying information about each vehicle 
99 

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1 that the person owns, and student enroll2 ment information;’’; 

3 (ii) by striking clause (iv) and insert4 ing the following: 

5 ‘‘(iv) obtain fingerprints, a photo6 graph, and a deoxyribonucleic acid (DNA) 

7 sample, unless they were obtained within 

8 the previous 3 months;’’; 

9 (iii) in clause (v), by striking the pe10 riod at the end and inserting the following: 

11 ‘‘; and’’; and 

12 (iv) by adding at the end the fol13 lowing: 

14 ‘‘(vi) for persons who are incarcer15 ated, perform each of the duties under 

16 clauses (i) through (v) prior to the release 

17 of that person from incarceration.’’; 

18 (B) in paragraph (2)(A), in the second 

19 sentence, by inserting ‘‘registration information 

20 for persons intending to move to another State 

21 is promptly made available to the registering 

22 agency of that State, and that’’ after ‘‘State 

23 procedures shall also ensure that’’; 

24 (C) by striking paragraph (3) and insert25 ing the following: 
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1 ‘‘(3) VERIFICATION.—For all persons required 

2 to register under this section, State procedures shall 

3 provide for verification of registry information de4 scribed in paragraph (1)(A)(i) at least once every 90 

5 days.’’; 

6 (D) by striking paragraph (4) and insert7 ing the following: 

8 ‘‘(4) NOTIFICATION OF LOCAL LAW ENFORCE9 MENT AGENCIES OF CHANGES IN REGISTRY INFOR10 MATION.—State procedures shall provide that all 

11 persons required to register under this section shall 

12 report a change of name, address, employer name 

13 and address, vehicle information, and student enroll14 ment information to a law enforcement agency that 

15 has jurisdiction where the person will reside, not 

16 later than 10 days after such change takes effect.’’; 

17 and 

18 (E) by adding at the end the following: 

19 ‘‘(8) CURRENT PHOTOGRAPH.—State proce20 dures shall provide for local law enforcement to ob21 tain a photograph for all persons required to register 

22 under this section— 

23 ‘‘(A) at the initial registration of the per24 son; and 
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1 ‘‘(B) at least once a year from the time of 

2 verification of the registry information of that 

3 person, throughout the term of registration. 

4 ‘‘(9) DRIVER’S LICENSE OR IDENTIFICATION

5 CARD.—State procedures shall require that all per6 sons required to register under this section obtain, 

7 at the time of initial registration, a driver’s license 

8 or identification card from the State Department of 

9 Motor Vehicles in the State in which that person re10 sides.’’; and 

11 (2) in subsection (d)— 

12 (A) by striking ‘‘A’’ and inserting the fol13 lowing: 

14 ‘‘(1) IN GENERAL.—A’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(2) FELONY.—States shall designate a failure 

17 to comply with the registration and verification re18 quirements of this section as a felony and permit 

19 such failure to be grounds for the immediate 

20 issuance of an arrest warrant. 

21 ‘‘(3) CONSIDERATIONS.—States shall consider a 

22 failure to comply with the registration and 

23 verification requirements of this section as an ongo24 ing offense for the purpose of statutes of limitation, 
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1 and shall consider a failure to register each item of 

2 changed registry information as a separate offense.’’. 

3 SEC. 405. EFFECTIVE DATE. 

4 This title and the amendments made by this title 

5 shall take effect on the expiration of the date which is 

6 2 years after the date of enactment of this title. 

7 TITLE V—BULLETPROOF VEST 

8 PARTNERSHIP GRANT ACT OF 

9 2004 

10 SEC. 501. SHORT TITLE. 

11 This title may be cited as the ‘‘Bulletproof Vest Part12 nership Grant Act of 2004’’. 

13 SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 

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

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

16 3793(a)(23)) is amended by striking ‘‘2004’’ and inserting 

17 ‘‘2007’’. 

18 TITLE VI—PACT ACT 

19 SEC. 601. SHORT TITLE. 

20 This title may be cited as the ‘‘Prevent All Cigarette 

21 Trafficking Act’’ or ‘‘PACT Act’’. 
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1 SEC. 602. COLLECTION OF STATE CIGARETTE AND SMOKE2 LESS TOBACCO TAXES. 

3 (a) DEFINITIONS.—Section 1 of the Act of October 

4 19, 1949 (15 U.S.C. 375; commonly referred to as the 

5 ‘‘Jenkins Act’’), is amended— 

6 (1) by striking paragraphs (1), (2), and (3) and 

7 inserting the following new paragraphs: 

8 ‘‘(1) The term ‘attorney general’, with respect 

9 to a State, means the attorney general or other chief 

10 law enforcement officer of the State, or the designee 

11 of that officer. 

12 ‘‘(2) The term ‘cigarette’ means— 

13 ‘‘(A) any roll of tobacco wrapped in paper 

14 or in any substance not containing tobacco 

15 which is to be heated or burned; 

16 ‘‘(B) any roll of tobacco wrapped in any 

17 substance containing tobacco that, because of 

18 its appearance, the type of tobacco used in the 

19 filler, or its packaging or labeling, is likely to be 

20 offered to, or purchased by, consumers as a cig21 arette described in subparagraph (A); 

22 ‘‘(C) any roll of tobacco wrapped in any 

23 substance that because of its appearance, the 

24 type of tobacco used in the filler, or its pack25 aging or labeling, is likely to be offered to, or 

26 purchased by, consumers as a cigarette; or 
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1 ‘‘(D) loose rolling tobacco that, because of 

2 its appearance, type, packaging, or labeling, is 

3 likely to be offered to, or purchased by, con4 sumers as tobacco for making cigarettes. 

5 ‘‘(3) The term ‘smokeless tobacco’ means any 

6 finely cut, ground, powdered, or leaf tobacco that is 

7 intended to be placed in the oral or nasal cavity or 

8 otherwise consumed without being combusted.’’; 

9 (2) in paragraph (5)— 

10 (A) by inserting ‘‘, local, or Tribal’’ after 

11 ‘‘the State’’; 

12 (B) by striking ‘‘administer the cigarette 

13 tax law’’ and inserting ‘‘collect the tobacco tax 

14 or administer the tax law’’; and 

15 (C) by inserting ‘‘, locality, or Tribe, re16 spectively’’ after ‘‘a State’’. 

17 (3) by striking paragraph (6) and inserting the 

18 following new paragraph (6): 

19 ‘‘(6) The term ‘delivery sale’ means any sale of 

20 cigarettes or smokeless tobacco in interstate com21 merce to a consumer if— 

22 ‘‘(A) the consumer submits the order for 

23 such sale by means of a telephone or other 

24 method of voice transmission, the mails, or the 

25 Internet or other online service, or the seller is 
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1 otherwise not in the physical presence of the 

2 buyer when the request for purchase or order is 

3 made; or 

4 ‘‘(B) the cigarettes or smokeless tobacco 

5 are delivered by use of a common carrier, pri6 vate delivery service, or the mails, or the seller 

7 is not in the physical presence of the buyer 

8 when the buyer obtains personal possession of 

9 the delivered cigarettes or smokeless tobacco.’’; 

10 and 

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

12 paragraphs: 

13 ‘‘(8) The term ‘delivery seller’ means a person 

14 who makes a delivery sale. 

15 ‘‘(9) The term ‘common carrier’ means any per16 son (other than a local messenger service or the 

17 United States Postal Service (as defined in section 

18 102 of title 39, United States Code)) that holds 

19 itself out to the general public as a provider for hire 

20 of the transportation by water, land, or air of mer21 chandise, whether or not the person actually oper22 ates the vessel, vehicle, or aircraft by which the 

23 transportation is provided, between a port or place 

24 and a port or place in the United States. 
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1 ‘‘(10) The term ‘interstate commerce’ means 

2 commerce between a State and any place outside the 

3 State, commerce between a State and any Indian 

4 lands in the State, or commerce between points in 

5 the same State but though any place outside the 

6 State or through any Indian lands. 

7 ‘‘(11) The term ‘person’ means an individual, 

8 corporation, company, association, firm, partnership, 

9 society, State government, local government, Indian 

10 tribal government, governmental organization of 

11 such government, or joint stock company. 

12 ‘‘(12) The term ‘State’ means a State of the 

13 United States, the District of Columbia, the Com14 monwealth of Puerto Rico, or any territory or pos15 session of the United States. 

16 ‘‘(13) The term ‘Indian Country’ has the mean17 ing given that term in section 1151 of title 18, 

18 United States Code, except that within the State of 

19 Alaska that term applies only to the Metlakatla In20 dian Community, Annette Island Reserve. 

21 ‘‘(14) The term ‘Indian Tribe’, ‘Tribe’, or 

22 ‘Tribal’ refers to an Indian tribe as defined in the 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 450b(e)) or as listed pursuant to sec25 tion 104 of the Federally Recognized Indian Tribe 
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1 List Act of 1994 (Public Law 103–454; 25 U.S.C. 

2 479a–1). 

3 ‘‘(15) The term ‘tobacco tax administrator’, in 

4 the case of a State, local, or Tribal government, 

5 means the official of the government duly authorized 

6 to collect the tobacco tax or administer the tax law 

7 of the government.’’. 

8 (b) REPORTS TO STATE TOBACCO TAX ADMINISTRA9 TORS.—Section 2 of that Act (15 U.S.C. 376) is amend10 ed— 

11 (1) by striking ‘‘cigarettes’’ each place it ap12 pears and inserting ‘‘cigarettes or smokeless to13 bacco’’; 

14 (2) in subsection (a)— 

15 (A) in the matter preceding paragraph 

16 (1)— 

17 (i) by striking ‘‘or transfers’’ and in18 serting ‘‘, transfers, or ships’’; 

19 (ii) by inserting ‘‘, locality, or Indian 

20 Country of an Indian Tribe’’ after ‘‘a 

21 State’’; and 

22 (iii) by striking ‘‘to other than a dis23 tributor licensed by or located in such 

24 State,’’; 

25 (B) in paragraph (1)— 
108 

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1 (i) by striking ‘‘administrator of the 

2 State’’ and inserting ‘‘administrators of 

3 the State and place’’; and 

4 (ii) by striking ‘‘; and’’ and inserting 

5 the following: ‘‘, as well as telephone num6 bers for each place of business, a principal 

7 electronic mail address, any website ad8 dresses, and the name, address, and tele9 phone number of an agent in the State au10 thorized to accept service on behalf of such 

11 person;’’; 

12 (C) in paragraph (2), by striking ‘‘and the 

13 quantity thereof.’’ and inserting ‘‘the quantity 

14 thereof, and the name, address, and phone 

15 number of the person delivering the shipment to 

16 the recipient on behalf of the delivery seller, 

17 with all invoice or memoranda information re18 lating to specific customers to be organized by 

19 city or town and by zip code; and’’; and 

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

21 paragraph: 

22 ‘‘(3) with respect to each memorandum or in23 voice filed with a State under paragraph (2), also 

24 file copies of such memorandum or invoice with the 

25 tobacco tax administrators and chief law enforce-
109 

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1 ment officers of the local governments and Indian 

2 Tribes operating within the borders of the State that 

3 apply their own local or Tribal taxes on cigarettes or 

4 smokeless tobacco.’’; and 

5 (3) in subsection (b)— 

6 (A) by striking ‘‘(1)’’; and 

7 (B) by striking ‘‘, and (2)’’ and all that 

8 follows and inserting a period. 

9 (c) REQUIREMENTS FOR DELIVERY SALES.—That 

10 Act is further amended by inserting after section 2 the 

11 following new section: 

12 ‘‘SEC. 2A. (a) With respect to delivery sales into a 

13 specific State and place, each delivery seller shall comply 

14 with— 

15 ‘‘(1) the shipping requirements set forth in sub16 section (b); 

17 ‘‘(2) the recordkeeping requirements set forth 

18 in subsection (c); 

19 ‘‘(3) all State, local, Tribal, and other laws gen20 erally applicable to sales of cigarettes or smokeless 

21 tobacco as if such delivery sales occurred entirely 

22 within the specific State and place, including laws 

23 imposing— 

24 ‘‘(A) excise taxes; 
110 

•S 2863 IS 

1 ‘‘(B) licensing and tax-stamping require2 ments; and 

3 ‘‘(C) other payment obligations or legal re4 quirements relating to the sale, distribution, or 

5 delivery of cigarettes or smokeless tobacco; and 

6 ‘‘(4) the tax collection requirements set forth in 

7 subsection (d). 

8 ‘‘(b)(1) Each delivery seller shall include on the bill 

9 of lading included with the shipping package containing 

10 cigarettes or smokeless tobacco sold pursuant to such 

11 order a clear and conspicuous statement providing as fol12 lows: ‘CIGARETTES/SMOKELESS TOBACCO: FED13 ERAL LAW REQUIRES THE PAYMENT OF ALL AP14 PLICABLE EXCISE TAXES, AND COMPLIANCE 

15 WITH APPLICABLE LICENSING AND TAX-STAMP16 ING OBLIGATIONS’. 

17 ‘‘(2) Any shipping package described in paragraph 

18 (1) that is not labeled in accordance with that paragraph 

19 shall be treated as non-deliverable matter by a common 

20 carrier or the United States Postal Service if the common 

21 carrier or the United States Postal Service, as the case 

22 may be, knows or should know the contents of the pack23 age. 

24 ‘‘(c)(1) Each delivery seller shall keep a record of all 

25 delivery sales so made, including all of the information de-
111 

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1 scribed in section 2(a)(2), organized by the State, and 

2 within such State, by the city or town and by zip code, 

3 into which such delivery sales are so made. 

4 ‘‘(2) Records of delivery sales shall be kept under 

5 paragraph (1) in the year in which made and for the next 

6 four years. 

7 ‘‘(3) Records kept under paragraph (1) shall be made 

8 available to tobacco tax administrators of the States, to 

9 local governments and Indian Tribes that apply their own 

10 local or Tribal taxes on cigarettes or smokeless tobacco, 

11 to the attorneys general of the States, to the chief law 

12 enforcement officers of such local governments and Indian 

13 Tribes, and to the Attorney General of the United States 

14 in order to ensure the compliance of persons making deliv15 ery sales with the requirements of this Act. 

16 ‘‘(d)(1) Except as provided in paragraph (2), no ciga17 rettes or smokeless tobacco may be delivered pursuant to 

18 a delivery sale in interstate commerce unless in advance 

19 of the delivery— 

20 ‘‘(A) any cigarette or smokeless tobacco excise 

21 tax that is imposed by the State in which the ciga22 rettes or smokeless tobacco are to be delivered has 

23 been paid to the State; 

24 ‘‘(B) any cigarette or smokeless tobacco excise 

25 tax that is imposed by the local government of the 
112 

•S 2863 IS 

1 place in which the cigarette or smokeless tobacco are 

2 to be delivered has been paid to the local government; 

3 and 

4 ‘‘(C) any required stamps or other indicia that 

5 such excise tax has been paid are properly affixed or 

6 applied to the cigarettes or smokeless tobacco. 

7 ‘‘(2) Paragraph (1) does not apply to a delivery sale 

8 of smokeless tobacco if the law of the State or local gov9 ernment of the place where the smokeless tobacco is to 

10 be delivered requires or otherwise provides that delivery 

11 sellers collect the excise tax from the consumer and remit 

12 the excise tax to the State or local government, and the 

13 delivery seller complies with the requirement. 

14 ‘‘(e)(1) Each State, and each local government or In15 dian Tribal government that levies a tax subject to sub16 section (a)(3), may compile a list of delivery sellers who 

17 are in compliance with this Act with respect to such State, 

18 locality, or Indian Tribe. If a State, local government, or 

19 Indian Tribe posts a list pursuant to this subsection that 

20 specifically refers to this subsection, no common carrier 

21 or other person may knowingly deliver cigarettes or 

22 smokeless tobacco to consumers in such State or locality 

23 or in the Indian Country of such Indian Tribe unless the 

24 delivery seller is on the list at the time of delivery. 
113 

•S 2863 IS 

1 ‘‘(2)(A) Each State, and each local government or In2 dian Tribal government that levies a tax subject to sub3 section (a)(3), may compile a list of delivery sellers who 

4 are not in compliance with this Act with respect to such 

5 State, locality, or Indian Tribe. 

6 ‘‘(B) A State, locality, or Indian Tribal government 

7 may provide such a list to a common carrier, the United 

8 States Postal Service, or other person. Such a list shall 

9 be confidential, and a common carrier, the United States 

10 Postal Service, or other person that receives such a list 

11 shall maintain the confidentiality of such list. 

12 ‘‘(C) If a State, local government, or Indian Tribal 

13 government provides such a list pursuant to this sub14 section that specifically refers to this subsection, no com15 mon carrier, the United States Postal Service, or other 

16 person may knowingly deliver any item to a consumer in 

17 such State or locality or in the Indian Country of such 

18 Indian Tribe for a delivery seller on such list unless the 

19 common carrier, the United States Postal Service, or per20 son in good faith determines that the item does not include 

21 cigarettes or smokeless tobacco. 

22 ‘‘(f) For purposes of this Act, a delivery sale shall 

23 be deemed to have occurred in the State and place where 

24 the buyer obtains personal possession of the cigarettes or 

25 smokeless tobacco, and a delivery pursuant to a delivery 
114 

•S 2863 IS 

1 sale is deemed to have been initiated or ordered by the 

2 delivery seller.’’. 

3 (d) PENALTIES.—Section 3 of that Act (15 U.S.C. 

4 377) is amended— 

5 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; 

6 (2) in subsection (a), as so designated— 

7 (A) by inserting ‘‘(except for a State, local, 

8 or Tribal government)’’ after ‘‘this Act’’; and 

9 (B) by striking ‘‘shall be guilty of a mis10 demeanor and shall be fined not more than 

11 $1,000, or imprisoned not more than 6 

12 months’’ and inserting ‘‘shall be guilty of a fel13 ony, fined under subchapter C of chapter 227 

14 of title 18, United States Code, imprisoned not 

15 more than three years, or both’’; and 

16 (3) by adding at the end the following new sub17 section: 

18 ‘‘(b)(1) Whoever violates any provision of this Act 

19 shall be subject to a civil penalty in an amount not to 

20 exceed the greater of— 

21 ‘‘(A) $5,000 in the case of the first violation, or 

22 $10,000 for any other violation; or 

23 ‘‘(B) for any violation, 2 percent of the gross 

24 sales of cigarettes or smokeless tobacco of such per-
115 

•S 2863 IS 

1 son during the one-year period ending on the date 

2 of the violation. 

3 ‘‘(2) A civil penalty under paragraph (1) for a viola4 tion of this Act is in addition to any criminal penalty 

5 under subsection (a) for the violation.’’. 

6 (e) ENFORCEMENT.—Section 4 of that Act (15 

7 U.S.C. 378) is amended— 

8 (1) by inserting ‘‘(a)’’ before ‘‘The United 

9 States district courts’’; 

10 (2) in subsection (a), as so designated, by in11 serting before the period the following: ‘‘, and to 

12 provide other appropriate injunctive or equitable re13 lief, including money damages, for such violations’’; 

14 and 

15 (3) by adding at the end the following new sub16 sections: 

17 ‘‘(b) The Attorney General of the United States shall 

18 administer and enforce the provisions of this Act. 

19 ‘‘(c)(1)(A) A State, through its attorney general (or 

20 a designee thereof), or a local government or Indian Tribe 

21 that levies a tax subject to section 2A(a)(3), through its 

22 chief law enforcement officer (or a designee thereof), may 

23 bring an action in the United States district courts to pre24 vent and restrain violations of this Act by any person (or 

25 by any person controlling such person) or to obtain any 
116 

•S 2863 IS 

1 other appropriate relief from any person (or from any per2 son controlling such person) for violations of this Act, in3 cluding civil penalties, money damages, and injunctive or 

4 other equitable relief. 

5 ‘‘(B) Nothing in this Act shall be deemed to abrogate 

6 or constitute a waiver of any sovereign immunity of a 

7 State or local government or Indian Tribe against any 

8 unconsented lawsuit under this Act, or otherwise to re9 strict, expand, or modify any sovereign immunity of a 

10 State or local government or Indian Tribe. 

11 ‘‘(2) A State, through its attorney general, or a local 

12 government or Indian Tribe that levies a tax subject to 

13 section 2A(a)(3), through its chief law enforcement officer 

14 (or a designee thereof), may provide evidence of a violation 

15 of this Act by any person not subject to State, local, or 

16 Tribal government enforcement actions for violations of 

17 this Act to the Attorney General of the United States or 

18 a United State Attorney, who shall take appropriate ac19 tions to enforce the provisions of this Act. 

20 ‘‘(3)(A) Notwithstanding any other provision of law 

21 and subject to subparagraph (B), an amount equal to 50 

22 percent of any criminal and civil penalties collected by the 

23 United States Government in enforcing the provisions of 

24 this Act shall be available to the Department of Justice 
117 

•S 2863 IS 

1 for purposes of enforcing the provisions of this Act and 

2 other laws relating to contraband tobacco products. 

3 ‘‘(B) Of the amount available to the Department 

4 under subparagraph (A), not less than 50 percent shall 

5 be made available only to the agencies and offices within 

6 the Department that were responsible for the enforcement 

7 actions in which the penalties concerned were imposed. 

8 ‘‘(4) The remedies available under this subsection are 

9 in addition to any other remedies available under Federal, 

10 State, local, Tribal, or other law. 

11 ‘‘(5) Nothing in this Act shall be construed to ex12 pand, restrict, or otherwise modify any right of an author13 ized State official to proceed in State court, or take other 

14 enforcement actions, on the basis of an alleged violation 

15 of State or other law. 

16 ‘‘(6) Nothing in this Act shall be construed to ex17 pand, restrict, or otherwise modify any right of an author18 ized Indian Tribal government official to proceed in Tribal 

19 court, or take other enforcement actions, on the basis of 

20 an alleged violation of Tribal law. 

21 ‘‘(7) Nothing in this Act shall be construed to ex22 pand, restrict, or otherwise modify any right of an author23 ized local government official to proceed in State court, 

24 or take other enforcement actions, on the basis of an al25 leged violation of local or other law. 
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1 ‘‘(d) Any person who holds a permit under section 

2 5712 of the Internal Revenue Code of 1986 may bring 

3 an action in the United States district courts to prevent 

4 and restrain violations of this Act by any person (or by 

5 any person controlling such person) other than a State, 

6 local, or Tribal government. 

7 ‘‘(e)(1) Any person who commences a civil action 

8 under subsection (d) shall inform the Attorney General of 

9 the United States of the action. 

10 ‘‘(2) It is the sense of Congress that any attorney 

11 general of a State, or chief law enforcement officer of a 

12 locality or Tribe, who commences a civil action under this 

13 section should inform the Attorney General of the United 

14 States of the action. 

15 ‘‘(f)(1) The Attorney General of the United States 

16 shall make available to the public, by posting such infor17 mation on the Internet and by other means, information 

18 about all enforcement actions undertaken by the Attorney 

19 General or United States Attorneys, or reported to the At20 torney General, under this section, including information 

21 on the resolution of such actions and, in particular, infor22 mation on how the Attorney General and the United 

23 States Attorney have responded to referrals of evidence 

24 of violations pursuant to subsection (b)(2). 
119 

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1 ‘‘(2) The Attorney General shall submit to Congress 

2 each year a report containing the information described 

3 in paragraph (1).’’. 

4 SEC. 603. TREATMENT OF CIGARETTES AND SMOKELESS 

5 TOBACCO AS NONMAILABLE MATTER. 

6 Section 1716 of title 18, United States Code, is 

7 amended— 

8 (1) by redesignating subsections (j) and (k) as 

9 subsections (k) and (l), respectively; and 

10 (2) by inserting after subsection (i) the fol11 lowing new subsection (j): 

12 ‘‘(j)(1) Except as provided in paragraph (2), the 

13 transmission in the mails of any tobacco product, includ14 ing cigarettes (as that term is defined in section 1(2) of 

15 the Act of October 19, 1949 (15 U.S.C. 375; commonly 

16 referred to as the ‘Jenkins Act’)) and smokeless tobacco 

17 (as that term is defined in section 1(3) of that Act), is 

18 prohibited, and tobacco products are nonmailable and 

19 shall not be deposited in or carried through the mails. 

20 ‘‘(2) Paragraph (1) shall apply only to States that 

21 are contiguous with at least one other State of the United 

22 States.’’. 
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1 SEC. 604. PENAL PROVISIONS REGARDING TRAFFICKING IN 

2 CONTRABAND CIGARETTES OR SMOKELESS 

3 TOBACCO. 

4 (a) THRESHOLD QUANTITY FOR TREATMENT AS

5 CONTRABAND CIGARETTES.—(1) Section 2341(2) of title 

6 18, United States Code, is amended by striking ‘‘60,000 

7 cigarettes’’ and inserting ‘‘10,000 cigarettes’’. 

8 (2) Section 2342(b) of that title is amended by strik9 ing ‘‘60,000’’ and inserting ‘‘10,000’’. 

10 (3) Section 2343 of that title is amended— 

11 (A) in subsection (a), by striking ‘‘60,000’’ and 

12 inserting ‘‘10,000’’; and 

13 (B) in subsection (b), by striking ‘‘60,000’’ and 

14 inserting ‘‘10,000’’. 

15 (b) CONTRABAND SMOKELESS TOBACCO.—(1) Sec16 tion 2341 of that title is amended— 

17 (A) in paragraph (4), by striking ‘‘and’’ at the 

18 end; 

19 (B) in paragraph (5), by striking the period at 

20 the end and inserting a semicolon; and 

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

22 paragraphs: 

23 ‘‘(6) the term ‘smokeless tobacco’ means any 

24 finely cut, ground, powdered, or leaf tobacco that is 

25 intended to be placed in the oral or nasal cavity or 

26 otherwise consumed without being combusted; 
121 

•S 2863 IS 

1 ‘‘(7) the term ‘contraband smokeless tobacco’ 

2 means a quantity in excess of 500 single-unit con3 sumer-sized cans or packages of smokeless tobacco, 

4 or their equivalent, that are in the possession of any 

5 person other than— 

6 ‘‘(A) a person holding a permit issued pur7 suant to chapter 52 of the Internal Revenue 

8 Code of 1986 as manufacturer of tobacco prod9 ucts or as an export warehouse proprietor, a 

10 person operating a customs bonded warehouse 

11 pursuant to section 311 or 555 of the Tariff 

12 Act of 1930 (19 U.S.C. 1311, 1555), or an 

13 agent of such person; 

14 ‘‘(B) a common carrier transporting such 

15 smokeless tobacco under a proper bill of lading 

16 or freight bill which states the quantity, source, 

17 and designation of such smokeless tobacco; 

18 ‘‘(C) a person who— 

19 ‘‘(i) is licensed or otherwise author20 ized by the State where such smokeless to21 bacco is found to engage in the business of 

22 selling or distributing tobacco products or, 

23 for smokeless tobacco found in Indian 

24 Country, is licensed or otherwise author25 ized by the Tribal government of such In-
122 

•S 2863 IS 

1 dian Country to account for and pay 

2 smokeless tobacco taxes imposed by the 

3 Tribal government; and 

4 ‘‘(ii) has complied with the account5 ing, tax, and payment requirements relat6 ing to such license or authorization with 

7 respect to such smokeless tobacco; or 

8 ‘‘(D) an officer, employee, or agent of the 

9 United States or a State or a Tribe, or any de10 partment, agency, or instrumentality of the 

11 United States, a State (including any political 

12 subdivision of a State), or a Tribe (including 

13 any political subdivision of a Tribe), having pos14 session of such smokeless tobacco in connection 

15 with the performance of official duties;’’. 

16 (2) Section 2342(a) of that title is amended by insert17 ing ‘‘or contraband smokeless tobacco’’ after ‘‘contraband 

18 cigarettes’’. 

19 (3) Section 2343(a) of that title is amended by insert20 ing ‘‘, or any quantity of smokeless tobacco in excess of 

21 500 single-unit consumer-sized cans or packages,’’ before 

22 ‘‘in a single transaction’’. 

23 (4) Section 2344(c) of that title is amended by insert24 ing ‘‘or contraband smokeless tobacco’’ after ‘‘contraband 

25 cigarettes’’. 
123 

•S 2863 IS 

1 (5) Section 2345 of that title is amended by inserting 

2 ‘‘or smokeless tobacco’’ after ‘‘cigarettes’’ each place it ap3 pears. 

4 (c) ADDITIONAL DEFINITIONAL MATTERS.—Section 

5 2341 of such title is further amended— 

6 (1) in paragraph (2), as amended by subsection 

7 (a)(1) of this section— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘State cigarette taxes in the 

10 State where such cigarettes are found, if the 

11 State’’ and inserting ‘‘State, local, or Tribal 

12 cigarette taxes in the State, locality, or Indian 

13 Country where such cigarettes are found, if the 

14 State, local or Tribal government’’; 

15 (B) in subparagraph (C)(i), by inserting 

16 before the semicolon the following: ‘‘, or, for 

17 cigarettes found in Indian County, is licensed or 

18 otherwise authorized by the Tribal government 

19 of such Indian Country to account for and pay 

20 cigarette taxes imposed by the Tribal govern21 ment’’; and 

22 (C) in subparagraph (D)— 

23 (i) by inserting ‘‘or a Tribe’’ after ‘‘a 

24 State’’ the first place it appears; and 
124 

•S 2863 IS 

1 (ii) by striking ‘‘or a State (or any po2 litical subdivision of a State)’’ and insert3 ing ‘‘, a State (or any political subdivision 

4 of a State), or a Tribe (including any polit5 ical subdivision of a Tribe)’’; 

6 (2) in paragraph (3), by inserting before the 

7 semicolon the following: ‘‘, or, for a carrier making 

8 a delivery entirely within Indian Country, under 

9 equivalent operating authority from the Indian Trib10 al government of such Indian Country’’; and 

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

12 paragraphs: 

13 ‘‘(8) the term ‘Indian Country’ has the meaning 

14 given that term in section 1151 of title 18, United 

15 States Code, except that within the State of Alaska 

16 that term applies only to the Metlakatla Indian 

17 Community, Annette Island Reserve; and 

18 ‘‘(9) the term ‘Indian Tribe’, ‘Tribe’, or ‘Tribal’ 

19 refers to an Indian tribe as defined in the Indian 

20 Self-Determination and Education Assistance Act 

21 (25 U.S.C. 450b(e)) or as listed pursuant to section 

22 104 of the Federally Recognized Indian Tribe List 

23 Act of 1994 (Public Law 103–454; 25 U.S.C. 479a– 

24 1).’’. 
125 

•S 2863 IS 

1 (d) RECORDKEEPING, REPORTING, AND INSPEC2 TION.—Section 2343 of that title, as amended by this sec3 tion, is further amended— 

4 (1) in subsection (a)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘only—’’ and inserting ‘‘such infor7 mation as the Attorney General considers ap8 propriate for purposes of enforcement of this 

9 chapter, including—’’; and 

10 (B) in the flush matter following para11 graph (3), by striking the second sentence; 

12 (2) by redesignating subsection (b) as sub13 section (c); 

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

16 ‘‘(b) Any person who engages in a delivery sale, and 

17 who ships, sells, or distributes any quantity in excess of 

18 10,000 cigarettes, or any quantity in excess of 500 single19 unit consumer-sized cans or packages of smokeless to20 bacco, or their equivalent, within a single month, shall 

21 submit to the Attorney General, pursuant to rules or regu22 lations prescribed by the Attorney General, a report that 

23 sets forth the following: 
126 

•S 2863 IS 

1 ‘‘(1) The person’s beginning and ending inven2 tory of cigarettes and cans or packages of smokeless 

3 tobacco (in total) for such month. 

4 ‘‘(2) The total quantity of cigarettes and cans 

5 or packages of smokeless tobacco that the person re6 ceived within such month from each other person 

7 (itemized by name and address). 

8 ‘‘(3) The total quantity of cigarettes and cans 

9 or packages of smokeless tobacco that the person 

10 distributed within such month to each person 

11 (itemized by name and address) other than a retail 

12 purchaser.’’; and 

13 (4) by adding at the end the following new sub14 sections: 

15 ‘‘(d) Any report required to be submitted under this 

16 chapter to the Attorney General shall also be submitted 

17 to the Secretary of the Treasury and to the attorneys gen18 eral and the tax administrators of the States from where 

19 the shipments, deliveries, or distributions both originated 

20 and concluded, and to the chief law enforcement officer 

21 and tax administrator of the Tribe for shipments, deliv22 eries or distributions that originated or concluded on the 

23 Indian Country of the Indian Tribe. 
127 

•S 2863 IS 

1 ‘‘(e) In this section, the term ‘delivery sale’ means 

2 any sale of cigarettes or smokeless tobacco in interstate 

3 commerce to a consumer if— 

4 ‘‘(A) the consumer submits the order for 

5 such sale by means of a telephone or other 

6 method of voice transmission, the mails, or the 

7 Internet or other online service, or by any other 

8 means where the consumer is not in the same 

9 physical location as the seller when the pur10 chase or offer of sale is made; or 

11 ‘‘(B) the cigarettes or smokeless tobacco 

12 are delivered by use of the mails, common car13 rier, private delivery service, or any other 

14 means where the consumer is not in the same 

15 physical location as the seller when the con16 sumer obtains physical possession of the ciga17 rettes or smokeless tobacco. 

18 ‘‘(f) In this section, the term ‘interstate commerce’ 

19 means commerce between a State and any place outside 

20 the State, commerce between a State and any Indian lands 

21 in the State, or commerce between points in the same 

22 State but through any place outside the State or though 

23 any Indian lands.’’. 

24 (e) DISPOSAL OR USE OF FORFEITED CIGARETTES

25 AND SMOKELESS TOBACCO.—Section 2344(c) of that 
128 

•S 2863 IS 

1 title, as amended by this section, is further amended by 

2 striking ‘‘seizure and forfeiture,’’ and all that follows and 

3 inserting ‘‘seizure and forfeiture, and any cigarettes or 

4 smokeless tobacco so seized and forfeited shall be either— 

5 ‘‘(1) destroyed and not resold; or 

6 ‘‘(2) used for undercover investigative oper7 ations for the detection and prosecution of crimes, 

8 and then destroyed and not resold.’’. 

9 (f) EFFECT ON STATE, LOCAL, AND TRIBAL LAW.— 

10 Section 2345 of that title is amended— 

11 (1) in subsection (a), by striking ‘‘a State to 

12 enact and enforce’’ and inserting ‘‘a State, local gov13 ernment, or Tribe to enact and enforce its own’’; 

14 and 

15 (2) in subsection (b), by striking ‘‘of States, 

16 through interstate compact or otherwise, to provide 

17 for the administration of State’’ and inserting ‘‘of 

18 State, local, or Tribal governments, through inter19 state compact or otherwise, to provide for the ad20 ministration of State, local, or Tribal’’. 

21 (g) ENFORCEMENT.—Section 2346 of that title is 

22 amended— 

23 (1) by inserting ‘‘(a)’’ before ‘‘The Attorney 

24 General’’; and 
129 

•S 2863 IS 

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b)(1) A State, through its attorney general, a local 

4 government or Indian Tribe, through its chief law enforce5 ment officer (or a designee thereof), or any person who 

6 holds a permit under section 5712 of the Internal Revenue 

7 Code of 1986, may bring an action in the United States 

8 district courts to prevent and restrain violations of this 

9 chapter by any person (or by any person controlling such 

10 person), except that any person who holds a permit under 

11 section 5712 of the Internal Revenue Code of 1986 may 

12 not bring such an action against a State, local, or Tribal 

13 government. 

14 ‘‘(2) A State, through its attorney general, or a local 

15 government or Indian Tribe, through its chief law enforce16 ment officer (or a designee thereof), may in a civil action 

17 under paragraph (1) also obtain any other appropriate re18 lief for violations of this chapter from any person (or by 

19 any person controlling such person), including civil pen20 alties, money damages, and injunctive or other equitable 

21 relief. Nothing in this chapter shall be deemed to abrogate 

22 or constitute a waiver of any sovereign immunity of a 

23 State or local government or Indian Tribe against any 

24 unconsented lawsuit under this chapter, or otherwise to 
130 

•S 2863 IS 

1 restrict, expand, or modify any sovereign immunity of a 

2 State or local government or Indian Tribe. 

3 ‘‘(3) The remedies under paragraphs (1) and (2) are 

4 an addition to any other remedies under Federal, State, 

5 local, Tribal, or other law. 

6 ‘‘(4) Nothing in this chapter shall be construed to 

7 expand, restrict, or otherwise modify any right of an au8 thorized State official to proceed in State court, or take 

9 other enforcement actions, on the basis of an alleged viola10 tion of State or other law. 

11 ‘‘(5) Nothing in this chapter shall be construed to 

12 expand, restrict, or otherwise modify any right of an au13 thorized Indian Tribal government official to proceed in 

14 Tribal court, or take other enforcement actions, on the 

15 basis of an alleged violation of Tribal law. 

16 ‘‘(6) Nothing in this chapter shall be construed to 

17 expand, restrict, or otherwise modify any right of an au18 thorized local government official to proceed in State 

19 court, or take other enforcement actions, on the basis of 

20 an alleged violation of local or other law.’’. 

21 (h) CONFORMING AND CLERICAL AMENDMENTS.— 

22 (1) The section heading for section 2343 of that title is 

23 amended to read as follows: 
131 

•S 2863 IS 

1 ‘‘§ 2343. Recordkeeping, reporting, and inspection’’. 

2 (2) The section heading for section 2345 of such title 

3 is amended to read as follows: 

4 ‘‘§ 2345. Effect on State, Tribal, and local law’’. 

5 (3) The table of sections at the beginning of chapter 

6 114 of that title is amended— 

7 (A) by striking the item relating to section 

8 2343 and inserting the following new item: 

‘‘2343. Recordkeeping, reporting, and inspection.’’; 

9 and 

10 (B) by striking the item relating to section 

11 2345 and inserting the following new item: 

‘‘2345. Effect on State, Tribal, and local law.’’. 

12 (4)(A) The heading for chapter 114 of that title is 

13 amended to read as follows: 

14 ‘‘CHAPTER 114—TRAFFICKING IN CONTRA15 BAND CIGARETTES AND SMOKELESS 

16 TOBACCO’’. 

17 (B) The table of chapters at the beginning of part 

18 I of that title is amended by striking the item relating 

19 to section 114 and inserting the following new item: 

‘‘114. Trafficking in contraband cigarettes and smokeless 

tobacco ....................................................................... 2341’’. 

20 SEC. 605. COMPLIANCE WITH MODEL STATUTE OR QUALI21 FYING STATUTE. 

22 (a) IN GENERAL.—A Tobacco Product Manufacturer 

23 or importer may not sell in, deliver to, or place for delivery 
132 

•S 2863 IS 

1 sale, or cause to be sold in, delivered to, or placed for deliv2 ery sale in, a State that is a party to the Master Settle3 ment Agreement any cigarette manufactured by a Tobacco 

4 Product Manufacturer that is not in full compliance with 

5 the terms of the Model Statute or Qualifying Statute en6 acted by such State requiring funds to be placed into a 

7 qualified escrow account under specified conditions, or any 

8 regulations promulgated pursuant to such terms. 

9 (b) JURISDICTION TO PREVENT AND RESTRAIN VIO10 LATIONS.—(1) The United States district courts shall 

11 have jurisdiction to prevent and restrain violations of sub12 section (a) in accordance with this subsection. 

13 (2) A State, through its attorney general, may bring 

14 an action in the United States district courts to prevent 

15 and restrain violations of subsection (a) by any person (or 

16 by any person controlling such person). 

17 (3) In any action under paragraph (2), a State, 

18 through its attorney general, shall be entitled to reason19 able attorney fees from a person found to have willfully 

20 and knowingly violated subsection (a). 

21 (4) The remedy available under paragraph (2) is in 

22 addition to any other remedies available under Federal, 

23 State, or other law. 

24 (5) Nothing in this subsection shall be construed to 

25 prohibit an authorized State official from proceeding in 
133 

•S 2863 IS 

1 State court or taking other enforcement actions on the 

2 basis of an alleged violation of State or other law. 

3 (6) The Attorney General may administer and en4 force subsection (a). 

5 (c) DEFINITIONS.—In this section: 

6 (1) MASTER SETTLEMENT AGREEMENT.—The 

7 term ‘‘Master Settlement Agreement’’ means the 

8 agreement executed November 23, 1998, by the At9 torneys General of 46 States, the District of Colum10 bia, the Commonwealth of Puerto Rico, and four 

11 Territories of the United States, on the one hand, 

12 and certain tobacco manufacturers on the other 

13 hand. 

14 (2) TOBACCO PRODUCT MANUFACTURER.—The 

15 term ‘‘Tobacco Product Manufacturer’’ has the 

16 meaning given that term in section II(uu) of the 

17 Master Settlement Agreement. 

18 (3) IMPORTER.—The term ‘‘importer’’ means 

19 each of the following: 

20 (A) Any person in the United States to 

21 whom non-tax-paid tobacco products manufac22 tured in a foreign country, Puerto Rico, the 

23 Virgin Islands, or a possession of the United 

24 States are shipped or consigned. 
134 

•S 2863 IS 

1 (B) Any person who removes cigars or 

2 cigarettes for sale or consumption in the United 

3 States from a customs bonded manufacturing 

4 warehouse. 

5 (C) Any person who smuggles or otherwise 

6 unlawfully brings tobacco products into the 

7 United States. 

8 (4) MODEL STATUTE; QUALIFYING STATUTE.— 

9 The terms ‘‘Model Statute’’ and ‘‘Qualifying Stat10 ute’’ means a statute as defined in section 

11 IX(d)(2)(e) of the Master Settlement Agreement. 

12 (5) DELIVERY SALE.—The term ‘‘delivery sale’’ 

13 means any sale of cigarettes or smokeless tobacco in 

14 interstate commerce to a consumer if— 

15 (A) the consumer submits the order for 

16 such sale by means of a telephone or other 

17 method of voice transmission, the mails, or the 

18 Internet or other online service, or the seller is 

19 otherwise not in the physical presence of the 

20 buyer when the request for purchase or order is 

21 made; or 

22 (B) the cigarettes or smokeless tobacco are 

23 delivered by use of a common carrier, private 

24 delivery service, or the mails, or the seller is not 

25 in the physical presence of the buyer when the 
135 

•S 2863 IS 

1 buyer obtains personal possession of the deliv2 ered cigarettes or smokeless tobacco. 

3 (6) INTERSTATE COMMERCE.—The term ‘‘inter4 state commerce’’ means commerce between a State 

5 and any place outside the State, commerce between 

6 a State and any Indian lands in the State, or com7 merce between points in the same State but through 

8 any place outside the State or through any Indian 

9 lands. 

10 SEC. 606. UNDERCOVER CRIMINAL INVESTIGATIONS OF 

11 THE BUREAU OF ALCOHOL, TOBACCO, FIRE12 ARMS, AND EXPLOSIVES. 

13 (a) IN GENERAL.—(1) Commencing as of the date 

14 of the enactment of this Act and without fiscal year limita15 tion, the authorities in section 102(b) of the Department 

16 of Justice and Related Agencies Appropriations Act, 1993 

17 (title I of Public Law 102–395; 106 Stat. 1838) shall be 

18 available to the Bureau of Alcohol, Tobacco, Firearms, 

19 and Explosives for undercover investigative operations of 

20 the Bureau which are necessary for the detection and 

21 prosecution of crimes against the United States. 

22 (2) For purposes of the exercise of the authorities 

23 referred to in paragraph (1) by the Bureau, a reference 

24 in such section 102(b) to the Federal Bureau of Investiga25 tion shall be deemed to be a reference to the Bureau of 
136 

•S 2863 IS 

1 Alcohol, Tobacco, Firearms, and Explosives, and a ref2 erence to the Director of the Federal Bureau of Investiga3 tion shall be deemed to be a reference to the Director of 

4 the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

5 (b) LIMITATIONS IN APPROPRIATIONS ACTS.—The 

6 exercise of the authorities referred to in subsection (a)(1) 

7 by the Bureau of Alcohol, Tobacco, Firearms, and Explo8 sives shall be subject to the provisions of appropriations 

9 Acts. 

10 SEC. 607. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, 

11 FIREARMS, AND EXPLOSIVES OF RECORDS 

12 OF CERTAIN CIGARETTE AND SMOKELESS 

13 TOBACCO SELLERS. 

14 (a) IN GENERAL.—Any officer of the Bureau of Alco15 hol, Tobacco, Firearms, and Explosives may, during nor16 mal business hours, enter the premises of any person de17 scribed in subsection (b) for the purposes of inspecting— 

18 (1) any records or information required to be 

19 maintained by such person under the provisions of 

20 law referred to in subsection (d); or 

21 (2) any cigarettes or smokeless tobacco kept or 

22 stored by such person at such premises. 

23 (b) COVERED PERSONS.—A person described in this 

24 subsection is any person who engages in a delivery sale, 

25 and who ships, sells, distributes, or receives any quantity 
137 

•S 2863 IS 

1 in excess of 10,000 cigarettes, or any quantity in excess 

2 of 500 single-unit consumer-sized cans or packages of 

3 smokeless tobacco, within a single month. 

4 (c) RELIEF.—(1) The district courts of the United 

5 States shall have the authority in a civil action under this 

6 subsection to compel inspections authorized by subsection 

7 (a). 

8 (2) Whoever violates subsection (a) or an order issued 

9 pursuant to paragraph (1) shall be subject to a civil pen10 alty in an amount not to exceed $10,000 for each viola11 tion. 

12 (d) COVERED PROVISIONS OF LAW.—The provisions 

13 of law referred to in this subsection are as follows: 

14 (1) The Act of October 19, 1949 (15 U.S.C. 

15 375; commonly referred to as the ‘‘Jenkins Act’’). 

16 (2) Chapter 114 of title 18, United States 

17 Code. 

18 (3) This Act. 

19 (e) DELIVERY SALE DEFINED.—In this section, the 

20 term ‘‘delivery sale’’ has the meaning given that term in 

21 2343(e)(1) of title 18, United States Code, as amended 

22 by section 4(b)(3) of this Act. 

23 SEC. 608. COMPLIANCE WITH TARIFF ACT OF 1930. 

24 (a) INAPPLICABILITY OF EXEMPTIONS FROM RE25 QUIREMENTS FOR ENTRY OF CERTAIN CIGARETTES.— 
138 

•S 2863 IS 

1 Subsection (b)(1) of section 802 of the Tariff Act of 1930 

2 (19 U.S.C. 1681a) is amended by adding at the end the 

3 following new sentence: ‘‘The preceding sentence shall not 

4 apply to any cigarettes sold in connection with a delivery 

5 sale (as that term is defined in section 1 of the Act of 

6 October 19, 1949 (15 U.S.C. 375; commonly referred to 

7 as the ‘Jenkins Act’)).’’. 

8 (b) STATE AND TRIBAL ACCESS TO CUSTOMS CER9 TIFICATIONS.—Section 802 of that Act is further amended 

10 by adding at the end the following new subsection: 

11 ‘‘(d) STATE AND TRIBAL ACCESS TO CUSTOMS CER12 TIFICATIONS.—A State, through its attorney general, and 

13 an Indian tribe (as that term is defined in the Indian Self14 Determination and Education Assistance Act (25 U.S.C. 

15 450b(e)) through its chief law enforcement officer, shall 

16 be entitled to obtain copies of any certification required 

17 pursuant to subsection (c) directly— 

18 ‘‘(1) upon request to the agency of the United 

19 States responsible for collecting such certification; or 

20 ‘‘(2) upon request to the importer, manufac21 turer, or authorized official of such importer or 

22 manufacturer.’’. 

23 (c) ENFORCEMENT PROVISIONS.—Section 803 of 

24 such Act (19 U.S.C. 1681b) is amended— 

25 (1) in subsection (b)— 
139 

•S 2863 IS 

1 (A) in the first sentence— 

2 (i) by inserting ‘‘any of’’ before ‘‘the 

3 United States’’ the first and second places 

4 it appears; and 

5 (ii) by inserting before the period the 

6 following: ‘‘, to any State in which such to7 bacco product, cigarette papers, or tube 

8 was imported, or to the Indian Tribe of 

9 any Indian Country (as that term is de10 fined in section 1151 of title 18, United 

11 States Code) in which such tobacco prod12 uct, cigarette papers, or tube was im13 ported’’; and 

14 (B) in the second sentence, by inserting ‘‘, 

15 or to any State or Indian Tribe,’’ after ‘‘the 

16 United States’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(c) ACTIONS BY STATES AND OTHERS.— 

20 ‘‘(1) IN GENERAL.—Any person who holds a 

21 permit under section 5712 of the Internal Revenue 

22 Code of 1986 may bring an action in the United 

23 States district courts to prevent and restrain viola24 tions of this title by any person (or by any person 
140 

•S 2863 IS 

1 controlling such person), other than by a State, 

2 local, or Tribal government. 

3 ‘‘(2) RELIEF FOR STATE, LOCAL, AND TRIBAL

4 GOVERNMENTS.—A State, through its attorney gen5 eral, or a local government or Tribe through its chief 

6 law enforcement officer (or a designee thereof), may 

7 in a civil action under this title to prevent and re8 strain violations of this title by any person (or by 

9 any person controlling such person) or to obtain any 

10 other appropriate relief for violations of this title by 

11 any person (or from any person controlling such per12 son), including civil penalties, money damages, and 

13 injunctive or other equitable relief. 

14 ‘‘(3) CONSTRUCTION GENERALLY.— 

15 ‘‘(A) IN GENERAL.—Nothing in this sub16 section shall be deemed to abrogate or con17 stitute a waiver of any sovereign immunity of a 

18 State or local government or Indian Tribe 

19 against any unconsented lawsuit under this title 

20 or to otherwise restrict, expand, of modify any 

21 sovereign immunity of a State local government 

22 or Indian Tribe. 

23 ‘‘(B) CONSTRUCTION WITH OTHER RE24 LIEF.—The remedies available under this sub25 section are in addition to any other remedies 
141 

•S 2863 IS 

1 available under Federal, State, local, Tribal, or 

2 other law. 

3 ‘‘(4) CONSTRUCTION WITH FORFEITURE PROVI4 SIONS.—Nothing in this subsection shall be con5 strued to require a State or Indian Tribe to first 

6 bring an action pursuant to paragraph (1) when 

7 pursuing relief under subsection (b). 

8 ‘‘(d) CONSTRUCTION WITH OTHER AUTHORITIES.— 

9 ‘‘(1) STATE AUTHORITIES.—Nothing in this 

10 title shall be construed to expand, restrict, or other11 wise modify the right of an authorized State official 

12 from proceeding in State court, or taking other en13 forcement actions, on the basis of alleged violation 

14 of State or other law. 

15 ‘‘(2) TRIBAL AUTHORITIES.—Nothing in this 

16 title shall be construed to expand, restrict, or other17 wise modify the right of an authorized Indian Tribal 

18 government official from proceeding in Tribal court, 

19 or taking other enforcement actions, on the basis of 

20 alleged violation of Tribal law. 

21 (d) INCLUSION OF SMOKELESS TOBACCO.—(1) Sec22 tions 802 and 803(a) of such Act are further amended 

23 by inserting ‘‘or smokeless tobacco products’’ after ‘‘ciga24 rettes’’ each place it appears. 

25 (2) Section 802 of such Act is further amended— 
142 

•S 2863 IS 

1 (A) in subsection (a)— 

2 (i) in paragraph (1), by inserting ‘‘or sec3 tion 4 of the Comprehensive Smokeless Tobacco 

4 Health Education Act of 1986 (15 U.S.C. 

5 4403), respectively’’ after ‘‘section 7 of the 

6 Federal Cigarette Labeling and Advertising Act 

7 (15 U.S.C. 1335a)’’; 

8 (ii) in paragraph (2), by inserting ‘‘or sec9 tion 3 of the Comprehensive Smokeless Tobacco 

10 Health Education Act of 1986 (15 U.S.C. 

11 4402), respectively,’’ after ‘‘section 4 of the 

12 Federal Cigarette Labeling and Advertising Act 

13 (15 U.S.C. 1333)’’; and 

14 (iii) in paragraph (3), by inserting ‘‘or sec15 tion 3(c) of the Comprehensive Smokeless To16 bacco Health Education Act of 1986 (15 U.S.C. 

17 4402(c)), respectively,’’ after ‘‘section 4(c) of 

18 the Federal Cigarette Labeling and Advertising 

19 Act (15 U.S.C. 1333(c))’’; 

20 (B) in subsection (b)— 

21 (i) in the paragraph caption of paragraph 

22 (1), by inserting ‘‘OR SMOKELESS TOBACCO’’ 

23 after ‘‘CIGARETTES’’; and 
143 

•S 2863 IS 

1 (ii) in the paragraph caption of paragraphs 

2 (2) and (3), by inserting ‘‘OR SMOKELESS TO3 BACCO’’ after ‘‘CIGARETTES’’; and 

4 (C) in subsection (c)— 

5 (i) in the subsection caption, by inserting 

6 ‘‘OR SMOKELESS TOBACCO’’ after ‘‘CIGA7 RETTE’’; 

8 (ii) in paragraph (1), by inserting ‘‘or sec9 tion 4 of the Comprehensive Smokeless Tobacco 

10 Health Education Act of 1986 (15 U.S.C. 

11 4403), respectively’’ after ‘‘section 7 of the 

12 Federal Cigarette Labeling and Advertising Act 

13 (15 U.S.C. 1335a)’’; 

14 (iii) in paragraph (2)(A), ‘‘or section 3 of 

15 the Comprehensive Smokeless Tobacco Health 

16 Education Act of 1986 (15 U.S.C. 4402), re17 spectively,’’ after ‘‘section 4 of the Federal Cig18 arette Labeling and Advertising Act (15 U.S.C. 

19 1333)’’; and 

20 (iv) in paragraph (2)(B), by inserting ‘‘or 

21 section 3(c) of the Comprehensive Smokeless 

22 Tobacco Health Education Act of 1986 (15 

23 U.S.C. 4402(c)), respectively’’ after ‘‘section 

24 4(c) of the Federal Cigarette Labeling and Ad25 vertising Act (15 U.S.C. 1333(c))’’. 
144 

•S 2863 IS 

1 (3) Section 803(c) of such Act, as amended by sub2 section (b)(1) of this section, is further amended by insert3 ing ‘‘, or any smokeless tobacco product,’’ after ‘‘or tube’’ 

4 the first place it appears. 

5 (4)(A) The heading of title VIII of such Act is 

6 amended by inserting ‘‘AND SMOKELESS TO7 BACCO’’ after ‘‘CIGARETTES’’. 

8 (B) The heading of section 802 of such Act is amend9 ed by inserting ‘‘AND SMOKELESS TOBACCO’’ 

10 after ‘‘CIGARETTES’’. 

11 SEC. 609. EXCLUSIONS REGARDING INDIAN TRIBES AND 

12 TRIBAL MATTERS. 

13 (a) IN GENERAL.—Nothing in this Act or the amend14 ments made by this Act is intended nor shall be construed 

15 to affect, amend, or modify— 

16 (1) any agreements, compacts, or other inter17 governmental arrangements between any State or 

18 local government and any government of an Indian 

19 tribe (as that term is defined in the Indian Self-De20 termination and Education Assistance Act (25 

21 U.S.C. 450b(e)) relating to the collection of taxes on 

22 cigarettes or smokeless tobacco sold in Indian Coun23 try (as that term is defined section 1151 of title 18, 

24 United States Code); 
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1 (2) any State laws that authorize or otherwise 

2 pertain to any such intergovernmental arrangements 

3 or create special rules or procedures for the collec4 tion of State, local, or tribal taxes on cigarettes or 

5 smokeless tobacco sold in Indian Country; 

6 (3) any limitations under existing Federal law, 

7 including Federal common law and treaties, on 

8 State, local, and tribal tax and regulatory authority 

9 with respect to the sale, use, or distribution of ciga10 rettes and smokeless tobacco by or to Indian Tribes 

11 or tribal members or in Indian Country; 

12 (4) any existing Federal law, including Federal 

13 common law and treaties, regarding State jurisdic14 tion, or lack thereof, over any Tribe, tribal members 

15 or tribal reservations; and 

16 (5) any existing State or local government au17 thority to bring enforcement actions against persons 

18 located in Indian Country. 

19 (b) COORDINATION OF LAW ENFORCEMENT.—Noth20 ing in this Act or the amendments made by this Act shall 

21 be construed to inhibit or otherwise affect any coordinated 

22 law enforcement effort by 1 or more States or other juris23 dictions, including Indian Tribes, through interstate com24 pact or otherwise, that— 
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•S 2863 IS 

1 (1) provides for the administration of tobacco 

2 product laws or laws pertaining to interstate sales or 

3 other sales of tobacco products; 

4 (2) provides for the seizure of tobacco products 

5 or other property related to a violation of such laws; 

6 or 

7 (3) establishes cooperative programs for the ad8 ministration of such laws. 

9 (c) TREATMENT OF STATE AND LOCAL GOVERN10 MENTS.—Notwithstanding any other provision of this Act, 

11 the provisions of this Act are not intended and shall not 

12 be construed to authorize, deputize, or commission States 

13 or local governments as instrumentalities of the United 

14 States. 

15 (d) ENFORCEMENT WITHIN INDIAN COUNTRY.— 

16 Nothing in this Act or the amendments made by this Act 

17 is intended to prohibit, limit, or restrict enforcement by 

18 the Attorney General of the United States of the provi19 sions herein within Indian Country. 

20 (e) AMBIGUITY.—Any ambiguity between the lan21 guage of this section or its application, and any other pro22 vision of this Act shall be resolved in favor of this section. 
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1 SEC. 610. EFFECTIVE DATE. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), this Act shall take effect 90 days after the date of 

4 the enactment of this Act. 

5 (b) BATFE AUTHORITY.— 

6 (1) IN GENERAL.—Sections 6 and 7 shall take 

7 effect on the date of the enactment of this Act. 

8 (2) DEFINITION.—For purposes of section 7, 

9 the definition of delivery sale in section 2343(e)(1) 

10 of title 18, United States Code, as amended by sec11 tion 4(b)(3) of this Act, shall take effect on the date 

12 of the enactment of this Act. 

13 TITLE VII—CREATE ACT 

14 SEC. 701. SHORT TITLE. 

15 This title may be cited as the ‘‘Cooperative Research 

16 and Technology Enhancement of 2004’’ or the ‘‘CREATE 

17 Act’’. 

18 SEC. 702. COLLABORATIVE EFFORTS ON CLAIMED INVEN19 TIONS. 

20 Section 103(c) of title 35, United States Code, is 

21 amended to read as follows: 

22 ‘‘(c)(1) Subject matter developed by another person, 

23 which qualifies as prior art only under 1 or more of sub24 sections (e), (f), and (g) of section 102 of this title, shall 

25 not preclude patentability under this section where the 

26 subject matter and the claimed invention were, at the time 
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1 the claimed invention was made, owned by the same per2 son or subject to an obligation of assignment to the same 

3 person. 

4 ‘‘(2) For purposes of this subsection, subject matter 

5 developed by another person and a claimed invention shall 

6 be deemed to have been owned by the same person or sub7 ject to an obligation of assignment to the same person if— 

8 ‘‘(A) the claimed invention was made by or on 

9 behalf of parties to a joint research agreement that 

10 was in effect on or before the date the claimed in11 vention was made; 

12 ‘‘(B) the claimed invention was made as a re13 sult of activities undertaken within the scope of the 

14 joint research agreement; and 

15 ‘‘(C) the application for patent for the claimed 

16 invention discloses or is amended to disclose the 

17 names of the parties to the joint research agree18 ment. 

19 ‘‘(3) For purposes of paragraph (2), the term ‘joint 

20 research agreement’ means a written contract, grant, or 

21 cooperative agreement entered into by 2 or more persons 

22 or entities for the performance of experimental, develop23 mental, or research work in the field of the claimed inven24 tion.’’. 
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1 SEC. 703. EFFECTIVE DATE. 

2 (a) IN GENERAL.—The amendments made by this 

3 title shall apply to any patent granted on or after the date 

4 of enactment of this Act. 

5 (b) SPECIAL RULE.—The amendments made by this 

6 title shall not affect any final decision of a court or the 

7 United States Patent and Trademark Office rendered be8 fore the date of enactment of this title, and shall not affect 

9 the right of any party in any action pending before the 

10 United States Patent and Trademark Office or a court 

11 on the date of enactment of this Act to have that party’s 

12 rights determined on the basis of the provisions of title 

13 35, United States Code, in effect on the day before the 

14 date of enactment of this title. 

15 TITLE VIII—PROTECTING INTEL16 LECTUAL RIGHTS AGAINST 

17 THEFT AND EXPROPRIATION 

18 ACT OF 2004 

19 SEC. 801. SHORT TITLE. 

20 This title may be cited as the ‘‘Protecting Intellectual 

21 Rights Against Theft and Expropriation Act of 2004’’. 

22 SEC. 802. AUTHORIZATION OF CIVIL COPYRIGHT ENFORCE23 MENT BY ATTORNEY GENERAL. 

24 (a) IN GENERAL.—Chapter 5 of title 17, United 

25 States Code, is amended by inserting after section 506 the 

26 following: 
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1 ‘‘§ 506a. Civil penalties for violations of section 506 

2 ‘‘(a) IN GENERAL.—The Attorney General may com3 mence a civil action in the appropriate United States dis4 trict court against any person who engages in conduct con5 stituting an offense under section 506. Upon proof of such 

6 conduct by a preponderance of the evidence, such person 

7 shall be subject to a civil penalty under section 504 which 

8 shall be in an amount equal to the amount which would 

9 be awarded under section 3663(a)(1)(B) of title 18 and 

10 restitution to the copyright owner aggrieved by the con11 duct. 

12 ‘‘(b) OTHER REMEDIES.— 

13 ‘‘(1) IN GENERAL.—Imposition of a civil pen14 alty under this section does not preclude any other 

15 criminal or civil statutory, injunctive, common law or 

16 administrative remedy, which is available by law to 

17 the United States or any other person; 

18 ‘‘(2) OFFSET.—Any restitution received by a 

19 copyright owner as a result of a civil action brought 

20 under this section shall be offset against any award 

21 of damages in a subsequent copyright infringement 

22 civil action by that copyright owner for the conduct 

23 that gave rise to the civil action brought under this 

24 section.’’. 

25 (b) DAMAGES AND PROFITS.—Section 504 of title 17, 

26 United States Code, is amended— 
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1 (1) in subsection (b)— 

2 (A) in the first sentence— 

3 (i) by inserting ‘‘, or the Attorney 

4 General in a civil action,’’ after ‘‘The copy5 right owner’’; and 

6 (ii) by striking ‘‘him or her’’ and in7 serting ‘‘the copyright owner’’; and 

8 (B) in the second sentence by inserting ‘‘, 

9 or the Attorney General in a civil action,’’ after 

10 ‘‘the copyright owner’’; and 

11 (2) in subsection (c)— 

12 (A) in paragraph (1), by inserting ‘‘, or the 

13 Attorney General in a civil action,’’ after ‘‘the 

14 copyright owner’’; and 

15 (B) in paragraph (2), by inserting ‘‘, or 

16 the Attorney General in a civil action,’’ after 

17 ‘‘the copyright owner’’. 

18 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of sections for chapter 5 of title 17, United 

20 States Code, is amended by inserting after the item relat21 ing to section 506 the following: 

‘‘506a. Civil penalties for violations of section 506.’’. 

22 SEC. 803. AUTHORIZATION OF FUNDING FOR TRAINING 

23 AND PILOT PROGRAM. 

24 (a) TRAINING AND PILOT PROGRAM.—Not later than 

25 180 days after enactment of this Act, the Attorney Gen-
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1 eral shall develop a program to ensure effective implemen2 tation and use of the authority for civil enforcement of 

3 the copyright laws by— 

4 (1) establishing training programs, including 

5 practical training and written materials, for qualified 

6 personnel from the Department of Justice and 

7 United States Attorneys Offices to educate and in8 form such personnel about— 

9 (A) resource information on intellectual 

10 property and the legal framework established 

11 both to protect and encourage creative works as 

12 well as legitimate uses of information and 

13 rights under the first amendment of the United 

14 States Constitution; 

15 (B) the technological challenges to pro16 tecting digital copyrighted works from online pi17 racy; 

18 (C) guidance on and support for bringing 

19 copyright enforcement actions against persons 

20 engaging in infringing conduct, including model 

21 charging documents and related litigation mate22 rials; 

23 (D) strategic issues in copyright enforce24 ment actions, including whether to proceed in a 

25 criminal or a civil action; 
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1 (E) how to employ and leverage the exper2 tise of technical experts in computer forensics; 

3 (F) the collection and preservation of elec4 tronic data in a forensically sound manner for 

5 use in court proceedings; 

6 (G) the role of the victim copyright owner 

7 in providing relevant information for enforce8 ment actions and in the computation of dam9 ages; and 

10 (H) the appropriate use of injunctions, im11 poundment, forfeiture, and related authorities 

12 in copyright law; 

13 (2) designating personnel from at least 4 

14 United States Attorneys Offices to participate in a 

15 pilot program designed to implement the civil en16 forcement authority of the Attorney General under 

17 section 506a of title 17, United States Code, as 

18 added by this Act; and 

19 (3) reporting to Congress annually on— 

20 (A) the use of the civil enforcement au21 thority of the Attorney General under section 

22 506a of title 17, United States Code, as added 

23 by this Act; and 
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1 (B) the progress made in implementing the 

2 training and pilot programs described under 

3 paragraphs (1) and (2) of this subsection. 

4 (b) ANNUAL REPORT.—The report under subsection 

5 (a)(3) may be included in the annual performance report 

6 of the Department of Justice and shall include— 

7 (1) with respect to civil actions filed under sec8 tion 506a of title 17, United States Code, as added 

9 by this Act— 

10 (A) the number of investigative matters re11 ceived by the Department of Justice and United 

12 States Attorneys Offices; 

13 (B) the number of defendants involved in 

14 those matters; 

15 (C) the number of civil actions filed and 

16 the number of defendants involved; 

17 (D) the number of civil actions resolved or 

18 terminated; 

19 (E) the number of defendants involved in 

20 those civil actions; 

21 (F) the disposition of those civil actions, 

22 including whether the civil actions were settled, 

23 dismissed, or resolved after a trial; 
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1 (G) the dollar value of any civil penalty im2 posed and the amount remitted to any copy3 right owner; and 

4 (H) other information that the Attorney 

5 General may consider relevant to inform Con6 gress on the effective use of the civil enforce7 ment authority; 

8 (2) a description of the training program and 

9 the number of personnel who participated in the pro10 gram; and 

11 (3) the locations of the United States Attorneys 

12 Offices designated to participate in the pilot pro13 gram. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated $2,000,000 for fiscal 

16 year 2005 to carry out this section. 

17 TITLE IX—KOBY MANDELL ACT 

18 OF 2004 

19 SEC. 901. SHORT TITLE. 

20 This title may be cited as the ‘‘Koby Mandell Act of 

21 2004’’. 

22 SEC. 902. FINDINGS. 

23 Congress finds the following: 

24 (1) Numerous American citizens have been 

25 murdered or maimed by terrorists around the world, 
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1 including more than 100 murdered since 1968 in 

2 terrorist attacks occurring in Israel or in territories 

3 administered by Israel or in territories administered 

4 by the Palestinian Authority. 

5 (2) Some American citizens who have been vic6 tims of terrorism overseas, especially those harmed 

7 by terrorists operating from areas administered by 

8 the Palestinian Authority, have not received from 

9 the United States Government services equal to 

10 those received by other such victims of overseas ter11 rorism. 

12 (3) The United States Government has not de13 voted adequate efforts or resources to the apprehen14 sion of terrorists who have harmed American citi15 zens overseas, particularly in cases involving terror16 ists operating from areas administered by the Pales17 tinian Authority. Monetary rewards for information 

18 leading to the capture of terrorists overseas, which 

19 the Government advertises in regions where the ter20 rorists are believed to be hiding, have not been ad21 vertised in areas administered by the Palestinian 

22 Authority. 

23 (4) This situation is especially grave in the 

24 areas administered by the Palestinian Authority, be25 cause many terrorists involved in the murders of 
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1 Americans are walking free there; some of these ter2 rorists have been given positions in the Palestinian 

3 Authority security forces or other official Palestinian 

4 Authority agencies; and a number of schools, streets, 

5 and other public sites have been named in honor of 

6 terrorists who were involved in the murders of 

7 Americans. 

8 (5) To remedy these and related problems, an 

9 office should be established within the Department 

10 of Justice for the purpose of ensuring equally vig11 orous efforts to capture all terrorists who have 

12 harmed American citizens overseas and equal treat13 ment for all American victims of overseas terrorism. 

14 SEC. 903. ESTABLISHMENT OF AN OFFICE OF JUSTICE FOR 

15 VICTIMS OF OVERSEAS TERRORISM IN THE 

16 DEPARTMENT OF JUSTICE. 

17 (a) IN GENERAL.—There is established within the 

18 Department of Justice an Office of Justice for Victims 

19 of Overseas Terrorism (in this Act referred to as the ‘‘Of20 fice’’) to carry out the following activities: 

21 (1) REWARDS FOR JUSTICE.— 

22 (A) IN GENERAL.—The Office shall as23 sume responsibility for administration of the 

24 Rewards for Justice program and its website. 
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1 (B) ADMINISTRATION.—In administering 

2 the Rewards for Justice program the Office 

3 shall ensure that— 

4 (i) rewards are offered to capture all 

5 terrorists involved in harming American 

6 citizens overseas, regardless of the terror7 ists’ country of origin or residence; 

8 (ii) such rewards are prominently ad9 vertised in the mass media and public sites 

10 in all countries or regions where such ter11 rorists reside; 

12 (iii) the names and photographs and 

13 suspects in all such cases are included on 

14 the website; and 

15 (iv) the names of the specific organi16 zations claiming responsibility for terrorist 

17 attacks mentioned on the site are included 

18 in the descriptions of those attacks. 

19 (2) NOTIFICATION PROGRAM.—The Office shall 

20 establish and administer a program— 

21 (A) comparable to the VINE system for 

22 notification of crime victims; and 

23 (B) that will provide notification for Amer24 ican victims of overseas terrorism or their im25 mediate family to update them on the status of 
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1 efforts to capture the terrorists who harmed 

2 them. 

3 (3) GOVERNMENT REPRESENTATION.—The Of4 fice shall send an official United States Government 

5 representative to attend the funeral of every Amer6 ican victim of terrorism overseas. 

7 (4) REPORT.—The Office shall assume respon8 sibility for providing twice-annual reports to Con9 gress as required by section 805 of the Admiral 

10 James W. Nance and Meg Donovan Foreign Rela11 tions Authorization Act, Fiscal Years 2000 and 

12 2001. 

13 (5) PROFITING FROM CRIMES.—The Office 

14 shall work with other United States Government 

15 agencies to expand legal restrictions on the ability of 

16 murderers to reap profits from books or movies con17 cerning their crimes so as to ensure that terrorists 

18 who harm American citizens overseas are unable to 

19 profit from book or movie sales in the United States. 

20 (6) TERRORISTS AS POLICE.—The Office 

21 shall— 

22 (A) determine if terrorists who have 

23 harmed American citizens overseas are serving 

24 in their local police or security forces; and 
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1 (B) if it is found that terrorists who have 

2 harmed American citizens overseas are serving 

3 in their local police or security forces— 

4 (i) alert those United States Govern5 ment agencies involved in providing assist6 ance, directly or indirectly, to those forces; 

7 and 

8 (ii) request of those agencies that all 

9 such assistance be halted until the afore10 mentioned terrorists are removed from 

11 their positions. 

12 (7) PATTERNS OF PROSECUTION.—The Office 

13 shall— 

14 (A) undertake a comprehensive assessment 

15 of the pattern of United States indictments and 

16 prosecution of terrorists who have harmed 

17 American citizens overseas, in order to deter18 mine the reasons for the absence of indictments 

19 of terrorists residing in some regions, such as 

20 the territories controlled by the Palestinian Au21 thority; and 

22 (B) provide the assessment to the Attorney 

23 General and to Congress, together with its rec24 ommendations. 

25 (8) MONITORING.—The Office shall— 
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1 (A) monitor public actions by governments 

2 and regimes overseas pertaining to terrorists 

3 who have harmed American citizens, such as 

4 the naming of schools, streets, or other public 

5 institutions or sites after such terrorists; and 

6 (B) in such instances, encourage other 

7 United States Government agencies to halt 

8 their provision of assistance, directly or indi9 rectly, to those institutions. 

10 (9) COMPENSATION.—The Office shall initiate 

11 negotiations to secure appropriate financial com12 pensation for American citizens, or the families of 

13 such citizens, who were harmed by organizations 

14 that claim responsibility for acts of terrorism against 

15 Americans overseas and that subsequently become 

16 part of a governing regime with which the United 

17 States Government maintains diplomatic or other of18 ficial contacts, such as the Palestinian Authority. 

19 (10) INCARCERATED TERRORISTS.—The Office 

20 shall— 

21 (A) monitor the incarceration abroad of 

22 terrorists who harmed Americans overseas, to 

23 ensure that their conditions of incarceration are 

24 reasonably similar to conditions of incarceration 

25 in the United States; and 
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1 (B) in cases where terrorists who have 

2 harmed Americans overseas, and are subse3 quently released from incarceration abroad, are 

4 eligible for further prosecution in the United 

5 States, coordinate with other Government agen6 cies to seek the transfer of those terrorists to 

7 the United States for further prosecution. 

8 (11) PERSONA NON GRATA.—The Office shall 

9 strive to ensure that all terrorists who have harmed 

10 Americans overseas are treated by the United States 

11 Government as persona non grata, including steps 

12 such as— 

13 (A) denying those individuals visas for 

14 entry to the United States; 

15 (B) urging United States Government 

16 agencies to refrain from political and diplomatic 

17 contacts with those individuals; and 

18 (C) instructing United States embassies 

19 and consulates to urge American visitors to 

20 those countries to refrain from patronizing 

21 businesses that are owned or operated by such 

22 individuals. 
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1 SEC. 904. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated for fiscal year 2005 and each subsequent fiscal 

4 year such sums as may be necessary to carry out this title. 

5 (b) AVAILABILITY.—Amounts appropriated pursuant 

6 to the authorization of appropriations under subsection (a) 

7 are authorized to remain available until expended. 

8 TITLE X—SENIOR SAFETY ACT 

9 OF 2004 

10 SEC. 1001. SHORT TITLE. 

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

12 of 2004’’. 

13 SEC. 1002. 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-
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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 such a facility. 
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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 title are to— 

16 (1) enhance safeguards for pension plans and 

17 health care programs; 

18 (2) develop strategies for preventing and pun19 ishing crimes that target or otherwise disproportion20 ately affect seniors by collecting appropriate data— 

21 (A) to measure the extent of crimes com22 mitted against seniors; and 

23 (B) to determine the extent of domestic 

24 and elder abuse of seniors; and 
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1 (3) prevent and deter criminal activity, such as 

2 telemarketing fraud, that results in economic and 

3 physical harm against seniors, and ensure appro4 priate restitution. 

5 SEC. 1003. DEFINITIONS. 

6 In this title: 

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

8 criminal offense under Federal or State law. 

9 (2) SENIOR.—The term ‘‘senior’’ means an in10 dividual who is more than 55 years of age. 

11 Subtitle A—Combating Crimes 

12 Against Seniors 

13 SEC. 1011. ENHANCED SENTENCING PENALTIES BASED ON 

14 AGE OF VICTIM. 

15 (a) DIRECTIVE TO THE UNITED STATES SEN16 TENCING COMMISSION.—Pursuant to its authority under 

17 section 994(p) of title 28, United States Code, and in ac18 cordance with this section, the United States Sentencing 

19 Commission (referred to in this section as the ‘‘Commis20 sion’’) shall review and, if appropriate, amend section 

21 3A1.1(a) of the Federal sentencing guidelines to include 

22 the age of a crime victim as one of the criteria for deter23 mining whether the application of a sentencing enhance24 ment is appropriate. 
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1 (b) REQUIREMENTS.—In carrying out this section, 

2 the Commission shall— 

3 (1) ensure that the Federal sentencing guide4 lines and the policy statements of the Commission 

5 reflect the serious economic and physical harms as6 sociated with criminal activity targeted at seniors 

7 due to their particular vulnerability; 

8 (2) consider providing increased penalties for 

9 persons convicted of offenses in which the victim was 

10 a senior in appropriate circumstances; 

11 (3) consult with individuals or groups rep12 resenting seniors, law enforcement agencies, victims 

13 organizations, and the Federal judiciary as part of 

14 the review described in subsection (a); 

15 (4) ensure reasonable consistency with other 

16 Federal sentencing guidelines and directives; 

17 (5) account for any aggravating or mitigating 

18 circumstances that may justify exceptions, including 

19 circumstances for which the Federal sentencing 

20 guidelines provide sentencing enhancements; 

21 (6) make any necessary conforming changes to 

22 the Federal sentencing guidelines; and 

23 (7) ensure that the Federal sentencing guide24 lines adequately meet the purposes of sentencing set 
168 

•S 2863 IS 

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

2 Code. 

3 (c) REPORT.—Not later than December 31, 2004, the 

4 Commission shall submit to Congress a report on issues 

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

6 (1) an explanation of any changes to sentencing 

7 policy made by the Commission under this section; 

8 and 

9 (2) any recommendations of the Commission for 

10 retention or modification of penalty levels, including 

11 statutory penalty levels, for offenses involving sen12 iors. 

13 SEC. 1012. STUDY AND REPORT ON HEALTH CARE FRAUD 

14 SENTENCES. 

15 (a) DIRECTIVE TO THE UNITED STATES SEN16 TENCING COMMISSION.—Pursuant to its authority under 

17 section 994(p) of title 28, United States Code, and in ac18 cordance with this section, the United States Sentencing 

19 Commission (referred to in this section as the ‘‘Commis20 sion’’) shall review and, if appropriate, amend the Federal 

21 sentencing guidelines and the policy statements of the 

22 Commission with respect to persons convicted of offenses 

23 involving fraud in connection with a health care benefit 

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

25 States Code). 
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•S 2863 IS 

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

2 the Commission shall— 

3 (1) ensure that the Federal sentencing guide4 lines and the policy statements of the Commission 

5 reflect the serious harms associated with health care 

6 fraud and the need for aggressive and appropriate 

7 law enforcement action to prevent such fraud; 

8 (2) consider providing increased penalties for 

9 persons convicted of health care fraud in appropriate 

10 circumstances; 

11 (3) consult with individuals or groups rep12 resenting victims of health care fraud, law enforce13 ment agencies, the health care industry, and the 

14 Federal judiciary as part of the review described in 

15 subsection (a); 

16 (4) ensure reasonable consistency with other 

17 Federal sentencing guidelines and directives; 

18 (5) account for any aggravating or mitigating 

19 circumstances that might justify exceptions, includ20 ing circumstances for which the Federal sentencing 

21 guidelines provide sentencing enhancements; 

22 (6) make any necessary conforming changes to 

23 the Federal sentencing guidelines; and 

24 (7) ensure that the Federal sentencing guide25 lines adequately meet the purposes of sentencing as 
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•S 2863 IS 

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

2 States Code. 

3 (c) REPORT.—Not later than December 31, 2004, the 

4 Commission shall submit to Congress a report on issues 

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

6 include— 

7 (1) an explanation of any changes to sentencing 

8 policy made by the Commission under this section; 

9 and 

10 (2) any recommendations of the Commission for 

11 retention or modification of penalty levels, including 

12 statutory penalty levels, for those offenses. 

13 SEC. 1013. INCREASED PENALTIES FOR FRAUD RESULTING 

14 IN SERIOUS INJURY OR DEATH. 

15 Sections 1341 and 1343 of title 18, United States 

16 Code, are each amended by inserting before the last sen17 tence the following: ‘‘If the violation results in serious bod18 ily injury (as defined in section 1365), such person shall 

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

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

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

22 term of years or life, or both.’’. 
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1 SEC. 1014. SAFEGUARDING PENSION PLANS FROM FRAUD 

2 AND THEFT. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 1351. Fraud in relation to retirement arrange7 ments 

8 ‘‘(a) DEFINITIONS.— 

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

10 section, the term ‘retirement arrangement’ means— 

11 ‘‘(A) any employee pension benefit plan 

12 subject to any provision of title I of the Em13 ployee Retirement Income Security Act of 1974; 

14 ‘‘(B) any qualified retirement plan within 

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

16 Revenue Code of 1986; 

17 ‘‘(C) any medical savings account de18 scribed in section 220 of the Internal Revenue 

19 Code of 1986; or 

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

21 Savings Fund by the Federal Retirement Thrift 

22 Investment Board pursuant to subchapter III of 

23 chapter 84 of title 5. 

24 ‘‘(2) CERTAIN ARRANGEMENTS INCLUDED.— 

25 The term ‘retirement arrangement’ shall include any 

26 arrangement that has been represented to be an ar-
172 

•S 2863 IS 

1 rangement described in any subparagraph of para2 graph (1) (whether or not so described). 

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

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

5 ‘retirement arrangement’ shall not include any gov6 ernmental plan (as defined in section 3(32) of title 

7 I of the Employee Retirement Income Security Act 

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

9 ‘‘(b) PROHIBITION AND PENALTIES.—Whoever exe10 cutes, or attempts to execute, a scheme or artifice— 

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

12 other person in connection with the establishment or 

13 maintenance of a retirement arrangement; or 

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

15 pretenses, representations, or promises, any of the 

16 money or property owned by, or under the custody 

17 or control of, any retirement arrangement or other 

18 person in connection with the establishment or main19 tenance of a retirement arrangement; 

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

21 10 years, or both. 

22 ‘‘(c) ENFORCEMENT.— 

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

24 the Attorney General may investigate any violation 

25 of, and otherwise enforce, this section. 
173 

•S 2863 IS 

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

2 in this subsection may be construed to preclude the 

3 Secretary of Labor or the head of any other appro4 priate Federal agency from investigating a violation 

5 of this section in relation to a retirement arrange6 ment subject to title I of the Employee Retirement 

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

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

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

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

11 ‘‘1351,’’ after ‘‘1347,’’. 

12 (c) CONFORMING AMENDMENT.—The analysis for 

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

14 by adding at the end the following: 

‘‘1351. Fraud in relation to retirement arrangements.’’. 

15 SEC. 1015. ADDITIONAL CIVIL PENALTIES FOR DEFRAUD16 ING PENSION PLANS. 

17 (a) IN GENERAL.— 

18 (1) ACTION BY ATTORNEY GENERAL.—Except 

19 as provided in subsection (b)— 

20 (A) the Attorney General may bring a civil 

21 action in the appropriate district court of the 

22 United States against any person who engages 

23 in conduct constituting an offense under section 

24 1351 of title 18, United States Code, or con25 spiracy to violate such section 1351; and 
174 

•S 2863 IS 

1 (B) upon proof of such conduct by a pre2 ponderance of the evidence, such person shall 

3 be subject to a civil penalty in an amount equal 

4 to the greatest of— 

5 (i) the amount of pecuniary gain to 

6 that person; 

7 (ii) the amount of pecuniary loss sus8 tained by the victim; or 

9 (iii) not more than— 

10 (I) $50,000 for each such viola11 tion in the case of an individual; or 

12 (II) $100,000 for each such vio13 lation in the case of a person other 

14 than an individual. 

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

16 imposition of a civil penalty under this subsection 

17 does not preclude any other statutory, common law, 

18 or administrative remedy available by law to the 

19 United States or any other person. 

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

21 pursuant to subsection (a) with respect to conduct involv22 ing a retirement arrangement that— 

23 (1) is an employee pension benefit plan subject 

24 to title I of the Employee Retirement Income Secu25 rity Act of 1974; and 
175 

•S 2863 IS 

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

2 under section 502 of the Employee Retirement In3 come Security Act of 1974 (29 U.S.C. 1132). 

4 (c) DETERMINATION OF PENALTY AMOUNT.—In de5 termining the amount of the penalty under subsection (a), 

6 the district court may consider the effect of the penalty 

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

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

9 (2) provide other relief ordered in another civil 

10 or criminal prosecution related to such conduct, in11 cluding any penalty or tax imposed on the violator 

12 or other person pursuant to the Internal Revenue 

13 Code of 1986. 

14 SEC. 1016. PUNISHING BRIBERY AND GRAFT IN CONNEC15 TION WITH EMPLOYEE BENEFIT PLANS. 

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

17 States Code, is amended to read as follows: 

18 ‘‘§ 1954. Bribery and graft in connection with em19 ployee benefit plans 

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

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

22 any employee welfare benefit plan or employee pen23 sion benefit plan subject to any provision of title I 

24 of the Employee Retirement Income Security Act of 

25 1974; 
176 

•S 2863 IS 

1 ‘‘(2) the terms ‘employee organization’, ‘admin2 istrator’, and ‘employee benefit plan sponsor’ mean 

3 any employee organization, administrator, or plan 

4 sponsor, as defined in title I of the Employment Re5 tirement Income Security Act of 1974; and 

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

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

8 custodian, counsel, agent, or employee of any 

9 employee benefit plan; 

10 ‘‘(B) an officer, counsel, agent, or em11 ployee of an employer or an employer any of 

12 whose employees are covered by such plan; 

13 ‘‘(C) an officer, counsel, agent, or em14 ployee of an employee organization any of 

15 whose members are covered by such plan; 

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

17 agent, or employee of an organization that, pro18 vides benefit plan services to such plan; or 

19 ‘‘(E) a person with actual or apparent in20 fluence or decisionmaking authority in regard 

21 to such plan. 

22 ‘‘(b) BRIBERY AND GRAFT.—Whoever— 

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

24 agrees to receive or solicits, any fee, kickback, com25 mission, gift, loan, money, or thing of value, person-
177 

•S 2863 IS 

1 ally or for any other person, because of or with the 

2 intent to be corruptly influenced with respect to any 

3 action, decision, or duty of that applicable person re4 lating to any question or matter concerning an em5 ployee benefit plan; 

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

7 promises to give or offer, any fee, kickback, commis8 sion, gift, loan, money, or thing of value, to any ap9 plicable person, because of or with the intent to be 

10 corruptly influenced with respect to any action, deci11 sion, or duty of that applicable person relating to 

12 any question or matter concerning an employee ben13 efit plan; or 

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

15 thing of value with the intent to be corruptly influ16 enced in violation of this section; 

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

18 5 years, or both. 

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

20 construed to apply to any— 

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

22 of bona fide salary, compensation, or other payments 

23 made for goods or facilities actually furnished or for 

24 services actually performed in the regular course of 

25 his duties as an applicable person; or 
178 

•S 2863 IS 

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

2 by, any employee benefit plan sponsor, or person 

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

4 relating to the decision or action of the sponsor to 

5 establish, terminate, or modify the governing instru6 ments of an employee benefit plan in a manner that 

7 does not violate— 

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

9 Income Security Act of 1974; 

10 ‘‘(B) any regulation or order promulgated 

11 under title I of the Employee Retirement In12 come Security Act of 1974; or 

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

14 the plan.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

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

17 by striking the item relating to section 1954 and inserting 

18 the following: 

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

19 Subtitle B—Preventing 

20 Telemarketing Fraud 

21 SEC. 1021. CENTRALIZED COMPLAINT AND CONSUMER 

22 EDUCATION SERVICE FOR VICTIMS OF TELE23 MARKETING FRAUD. 

24 (a) CENTRALIZED SERVICE.— 
179 

•S 2863 IS 

1 (1) REQUIREMENT.—The Federal Trade Com2 mission shall, after consultation with the Attorney 

3 General, establish procedures to— 

4 (A) log the receipt of complaints by indi5 viduals who claim that they have been the vic6 tim of fraud in connection with the conduct of 

7 telemarketing (as that term is defined in sec8 tion 2325 of title 18, United States Code, as 

9 amended by section 1122(a) of this title); 

10 (B) provide to individuals described in sub11 paragraph (A), and to any other persons, if re12 quested, information on telemarketing fraud, in13 cluding— 

14 (i) general information on tele15 marketing fraud, including descriptions of 

16 the most common telemarketing fraud 

17 schemes; 

18 (ii) information on means of referring 

19 complaints on telemarketing fraud to ap20 propriate law enforcement agencies, includ21 ing the Director of the Federal Bureau of 

22 Investigation, the attorneys general of the 

23 States, and the national toll-free telephone 

24 number on telemarketing fraud established 

25 by the Attorney General; and 
180 

•S 2863 IS 

1 (iii) information, if available, on any 

2 record of civil or criminal law enforcement 

3 action for telemarketing fraud against a 

4 particular company for which a specific re5 quest has been made; and 

6 (C) refer complaints described in subpara7 graph (A), as appropriate, to law enforcement 

8 authorities, including State consumer protection 

9 agencies or entities, for potential action. 

10 (2) COMMENCEMENT.—The Federal Trade 

11 Commission shall commence carrying out the service 

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

13 this Act. 

14 (b) FRAUD CONVICTION DATA.— 

15 (1) ENTRY OF INFORMATION ON CONVICTIONS

16 INTO FTC DATABASE.—The Attorney General shall 

17 provide information on the corporations and compa18 nies that are the subject of civil or criminal law en19 forcement action for telemarketing fraud under Fed20 eral and State law to the Federal Trade Commission 

21 in such electronic format as will enable the Federal 

22 Trade Commission to automatically enter the infor23 mation into a database maintained in accordance 

24 with subsection (a). 
181 

•S 2863 IS 

1 (2) INFORMATION.—The information described 

2 in paragraph (1) shall include a description of the 

3 type and method of the fraud scheme that prompted 

4 the law enforcement action against each such cor5 poration or company. 

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

7 shall make information in the database available to 

8 the Federal Trade Commission for purposes of pro9 viding information as part of the service under sub10 section (a). 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated such sums as may be nec13 essary to carry out this section. 

14 SEC. 1022. BLOCKING OF TELEMARKETING SCAMS. 

15 (a) EXPANSION OF SCOPE OF TELEMARKETING

16 FRAUD SUBJECT TO ENHANCED CRIMINAL PENALTIES.— 

17 Section 2325(1) of title 18, United States Code, is amend18 ed by striking ‘‘telephone calls’’ and inserting ‘‘wire com19 munications utilizing a telephone service’’. 

20 (b) BLOCKING OR TERMINATION OF TELEPHONE

21 SERVICE ASSOCIATED WITH TELEMARKETING FRAUD.— 

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

23 United States Code, is amended by adding at the 

24 end the following: 
182 

•S 2863 IS 

1 ‘‘§ 2328. Blocking or termination of telephone service 

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

3 ‘‘(1) REASONABLE NOTICE TO THE SUB4 SCRIBER.— 

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

6 notice to the subscriber’, in the case of a sub7 scriber of a common carrier, means any infor8 mation necessary to provide notice to the sub9 scriber that— 

10 ‘‘(i) the wire communications facilities 

11 furnished by the common carrier may not 

12 be used for the purpose of transmitting, 

13 receiving, forwarding, or delivering a wire 

14 communication in interstate or foreign 

15 commerce for the purpose of executing any 

16 scheme or artifice to defraud in connection 

17 with the conduct of telemarketing; and 

18 ‘‘(ii) such use constitutes sufficient 

19 grounds for the immediate discontinuance 

20 or refusal of the leasing, furnishing, or 

21 maintaining of the facilities to or for the 

22 subscriber. 

23 ‘‘(B) INCLUDED MATTER.—The term in24 cludes any tariff filed by the common carrier 

25 with the Federal Communications Commission 
183 

•S 2863 IS 

1 that contains the information specified in sub2 paragraph (A). 

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

4 communication’ has the same meaning given that 

5 term in section 2510(1). 

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

7 term ‘wire communications facility’ means any facil8 ity (including instrumentalities, personnel, and serv9 ices) used by a common carrier for purposes of the 

10 transmission, receipt, forwarding, or delivery of wire 

11 communications. 

12 ‘‘(b) BLOCKING OR TERMINATING TELEPHONE

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

14 of the Federal Communications Commission is notified in 

15 writing by the Attorney General, acting within the juris16 diction of the Attorney General, that any wire communica17 tions facility furnished by that common carrier is being 

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

19 transmitting or receiving a wire communication in inter20 state or foreign commerce for the purpose of executing any 

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

22 property by means of false or fraudulent pretenses, rep23 resentations, or promises, in connection with the conduct 

24 of telemarketing, the common carrier shall discontinue or 

25 refuse the leasing, furnishing, or maintaining of the facil-
184 

•S 2863 IS 

1 ity to or for the subscriber after reasonable notice to the 

2 subscriber. 

3 ‘‘(c) PROHIBITION ON DAMAGES.—No damages, pen4 alty, or forfeiture, whether civil or criminal, shall be found 

5 or imposed against any common carrier for any act done 

6 by the common carrier in compliance with a notice re7 ceived from the Attorney General under this section. 

8 ‘‘(d) RELIEF.— 

9 ‘‘(1) IN GENERAL.—Nothing in this section 

10 may be construed to prejudice the right of any per11 son affected thereby to secure an appropriate deter12 mination, as otherwise provided by law, in a Federal 

13 court, that— 

14 ‘‘(A) the leasing, furnishing, or maintain15 ing of a facility should not be discontinued or 

16 refused under this section; or 

17 ‘‘(B) the leasing, furnishing, or maintain18 ing of a facility that has been so discontinued 

19 or refused should be restored. 

20 ‘‘(2) SUPPORTING INFORMATION.—In any ac21 tion brought under this subsection, the court may 

22 direct that the Attorney General present evidence in 

23 support of the notice made under subsection (b) to 

24 which such action relates.’’. 
185 

•S 2863 IS 

1 (2) CONFORMING AMENDMENT.—The analysis 

2 for chapter 113A of title 18, United States Code, is 

3 amended by adding at the end the following: 

‘‘2328. Blocking or termination of telephone service.’’. 

4 TITLE XI—FEDERAL PROSECU5 TORS RETIREMENT BENEFIT 

6 EQUITY ACT OF 2004 

7 SEC. 1101. SHORT TITLE. 

8 This title may be cited as the ‘‘Federal Prosecutors 

9 Retirement Benefit Equity Act of 2004’’. 

10 SEC. 1102. RETIREMENT TREATMENT OF FEDERAL PROS11 ECUTORS. 

12 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 

13 (1) FEDERAL PROSECUTOR DEFINED.—Section 

14 8331 of title 5, United States Code, is amended— 

15 (A) in paragraph (27), by striking ‘‘and’’ 

16 at the end; 

17 (B) in paragraph (28), by striking the pe18 riod and inserting ‘‘; and’’; and 

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

20 ‘‘(29) ‘Federal prosecutor’ means— 

21 ‘‘(A) an assistant United States attorney 

22 under section 542 of title 28; or 

23 ‘‘(B) an attorney employed by the Depart24 ment of Justice and designated by the Attorney 

25 General of the United States.’’. 
186 

•S 2863 IS 

1 (2) RETIREMENT TREATMENT.— 

2 (A) IN GENERAL.—Chapter 83 of title 5, 

3 United States Code, is amended by adding after 

4 section 8351 the following: 

5 ‘‘§ 8352. Federal prosecutors 

6 ‘‘Except as provided under the Federal Prosecutors 

7 Retirement Benefit Equity Act of 2004 (including the pro8 visions relating to the nonapplicability of mandatory sepa9 ration requirements under section 8335(b) and 8425(b) 

10 of this title), a Federal prosecutor shall be treated in the 

11 same manner and to the same extent as a law enforcement 

12 officer for purposes of this chapter.’’. 

13 (B) TECHNICAL AND CONFORMING AMEND14 MENT.—The table of sections for chapter 83 of 

15 title 5, United States Code, is amended by in16 serting after the item relating to section 8351 

17 the following: 

‘‘8352. Federal prosecutors.’’. 

18 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

19 (1) FEDERAL PROSECUTOR DEFINED.—Section 

20 8401 of title 5, United States Code, is amended— 

21 (A) in paragraph (33), by striking ‘‘and’’ 

22 at the end; 

23 (B) in paragraph (34), by striking the pe24 riod and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 
187 

•S 2863 IS 

1 ‘‘(35) ‘Federal prosecutor’ means— 

2 ‘‘(A) an assistant United States attorney 

3 under section 542 of title 28; or 

4 ‘‘(B) an attorney employed by the Depart5 ment of Justice and designated by the Attorney 

6 General of the United States.’’. 

7 (2) RETIREMENT TREATMENT.—Section 8402 

8 of title 5, United States Code, is amended by adding 

9 at the end the following: 

10 ‘‘(h) Except as provided under the Federal Prosecu11 tors Retirement Benefit Equity Act of 2004 (including the 

12 provisions relating to the nonapplicability of mandatory 

13 separation requirements under section 8335(b) and 

14 8425(b) of this title), a Federal prosecutor shall be treated 

15 in the same manner and to the same extent as a law en16 forcement officer for purposes of this chapter.’’. 

17 (c) MANDATORY SEPARATION.—Sections 8335(b) 

18 and 8425(b) of title 5, United States Code, are amended 

19 by adding at the end of each the following: ‘‘The preceding 

20 provisions of this subsection shall not apply in the case 

21 of a Federal prosecutor as defined under section 8331(29) 

22 or 8401(35).’’. 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on the first day of the first 
188 

•S 2863 IS 

1 applicable pay period beginning on or after 120 days after 

2 the date of enactment of this Act. 

3 SEC. 1103. PROVISIONS RELATING TO INCUMBENTS. 

4 (a) DEFINITIONS.—In this section, the term— 

5 (1) ‘‘Federal prosecutor’’ means— 

6 (A) an assistant United States attorney 

7 under section 542 of title 28, United States 

8 Code; or 

9 (B) an attorney employed by the Depart10 ment of Justice and designated by the Attorney 

11 General of the United States; and 

12 (2) ‘‘incumbent’’ means an individual who is 

13 serving as a Federal prosecutor on the effective date 

14 of this section. 

15 (b) DESIGNATED ATTORNEYS.—If the Attorney Gen16 eral of the United States makes any designation of an at17 torney to meet the definition under subsection (a)(1)(B) 

18 for purposes of being an incumbent under this section— 

19 (1) such designation shall be made before the 

20 effective date of this section; and 

21 (2) the Attorney General shall submit to the 

22 Office of Personnel Management before that effec23 tive date— 

24 (A) the name of the individual designated; 

25 and 
189 

•S 2863 IS 

1 (B) the period of service performed by that 

2 individual as a Federal prosecutor before that 

3 effective date. 

4 (c) NOTICE REQUIREMENT.—Not later than 9 

5 months after the date of enactment of this title, the De6 partment of Justice shall take measures reasonably de7 signed to provide notice to incumbents on— 

8 (1) their election rights under this title; and 

9 (2) the effects of making or not making a time10 ly election under this title. 

11 (d) ELECTION AVAILABLE TO INCUMBENTS.— 

12 (1) IN GENERAL.—An incumbent may elect, for 

13 all purposes, to be treated— 

14 (A) in accordance with the amendments 

15 made by this title; or 

16 (B) as if this title had never been enacted. 

17 (2) FAILURE TO ELECT.—Failure to make a 

18 timely election under this subsection shall be treated 

19 in the same way as an election under paragraph 

20 (1)(A), made on the last day allowable under para21 graph (3). 

22 (3) TIME LIMITATION.—An election under this 

23 subsection shall not be effective unless the election 

24 is made not later than the earlier of— 
190 

•S 2863 IS 

1 (A) 120 days after the date on which the 

2 notice under subsection (c) is provided; or 

3 (B) the date on which the incumbent in4 volved separates from service. 

5 (e) LIMITED RETROACTIVE EFFECT.— 

6 (1) EFFECT ON RETIREMENT.—In the case of 

7 an incumbent who elects (or is deemed to have elect8 ed) the option under subsection (d)(1)(A), all service 

9 performed by that individual as a Federal prosecutor 

10 shall— 

11 (A) to the extent performed on or after the 

12 effective date of that election, be treated in ac13 cordance with applicable provisions of sub14 chapter III of chapter 83 or chapter 84 of title 

15 5, United States Code, as amended by this title; 

16 and 

17 (B) to the extent performed before the ef18 fective date of that election, be treated in ac19 cordance with applicable provisions of sub20 chapter III of chapter 83 or chapter 84 of such 

21 title, as if the amendments made by this title 

22 had then been in effect. 

23 (2) NO OTHER RETROACTIVE EFFECT.—Noth24 ing in this title (including the amendments made by 

25 this title) shall affect any of the terms or conditions 
191 

•S 2863 IS 

1 of an individual’s employment (apart from those 

2 governed by subchapter III of chapter 83 or chapter 

3 84 of title 5, United States Code) with respect to 

4 any period of service preceding the date on which 

5 such individual’s election under subsection (d) is 

6 made (or is deemed to have been made). 

7 (f) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV8 ICE.— 

9 (1) IN GENERAL.—An individual who makes an 

10 election under subsection (d)(1)(A) may, with re11 spect to prior service performed by such individual, 

12 contribute to the Civil Service Retirement and Dis13 ability Fund the difference between the individual 

14 contributions that were actually made for such serv15 ice and the individual contributions that should have 

16 been made for such service if the amendments made 

17 by section 1102 had then been in effect. 

18 (2) EFFECT OF NOT CONTRIBUTING.—If no 

19 part of or less than the full amount required under 

20 paragraph (1) is paid, all prior service of the incum21 bent shall remain fully creditable as law enforcement 

22 officer service, but the resulting annuity shall be re23 duced in a manner similar to that described in sec24 tion 8334(d)(2) of title 5, United States Code, to 

25 the extent necessary to make up the amount unpaid. 
192 

•S 2863 IS 

1 (3) PRIOR SERVICE DEFINED.—For purposes of 

2 this section, the term ‘‘prior service’’ means, with re3 spect to any individual who makes an election under 

4 subsection (d)(1)(A), service performed by such indi5 vidual before the date as of which appropriate retire6 ment deductions begin to be made in accordance 

7 with such election. 

8 (g) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV9 ICE.— 

10 (1) IN GENERAL.—If an incumbent makes an 

11 election under subsection (d)(1)(A), the Department 

12 of Justice shall remit to the Office of Personnel 

13 Management, for deposit in the Treasury of the 

14 United States to the credit of the Civil Service Re15 tirement and Disability Fund, the amount required 

16 under paragraph (2) with respect to such service. 

17 (2) AMOUNT REQUIRED.—The amount the De18 partment of Justice is required to remit is, with re19 spect to any prior service, the total amount of addi20 tional Government contributions to the Civil Service 

21 Retirement and Disability Fund (over and above 

22 those actually paid) that would have been required 

23 if the amendments made by section 1102 had then 

24 been in effect. 
193 

•S 2863 IS 

1 (3) CONTRIBUTIONS TO BE MADE RATABLY.— 

2 Government contributions under this subsection on 

3 behalf of an incumbent shall be made by the Depart4 ment of Justice ratably (on at least an annual basis) 

5 over the 30-year period beginning on the date re6 ferred to in subsection (f)(3). 

7 (h) REGULATIONS.—Except as provided under sec8 tion 1104, the Office of Personnel Management shall pre9 scribe regulations necessary to carry out this title, includ10 ing provisions under which any interest due on the amount 

11 described under subsection (f) shall be determined. 

12 (i) EFFECTIVE DATE.—This section shall take effect 

13 120 days after the date of enactment of this title. 

14 SEC. 1104. DEPARTMENT OF JUSTICE ADMINISTRATIVE AC15 TIONS. 

16 (a) DEFINITION.—In this section, the term ‘‘Federal 

17 prosecutor’’ has the meaning given under section 

18 1103(a)(1). 

19 (b) REGULATIONS.— 

20 (1) IN GENERAL.—Not later than 120 days 

21 after the date of enactment of this title, the Attor22 ney General of the United States shall— 

23 (A) consult with the Office of Personnel 

24 Management on this title (including the amend25 ments made by this title); and 
194 

•S 2863 IS 

1 (B) promulgate regulations for making 

2 designations of Federal prosecutors who are not 

3 assistant United States attorneys. 

4 (2) CONTENTS.—Any regulations promulgated 

5 under paragraph (1) shall ensure that attorneys des6 ignated as Federal prosecutors who are not assistant 

7 United States attorneys have routine employee re8 sponsibilities that are substantially similar to those 

9 of assistant United States attorneys. 

10 (c) DESIGNATIONS.—The designation of any Federal 

11 prosecutor who is not an assistant United States attorney 

12 for purposes of this title (including the amendments made 

13 by this title) shall be at the discretion of the Attorney Gen14 eral of the United States. 

15 TITLE XII—ANTI-ATROCITY 

16 ALIEN DEPORTATION ACT OF 

17 2004 

18 SEC. 1201. SHORT TITLE. 

19 This title may be cited as the ‘‘Anti-Atrocity Alien 

20 Deportation Act of 2004’’. 
195 

•S 2863 IS 

1 SEC. 1202. 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— 
196 

•S 2863 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 (28 U.S.C. 1350 note); 

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 such 

16 Act (8 U.S.C. 1227(a)(4)(D)) is amended— 

17 (1) by striking ‘‘clause (i) or (ii)’’ and inserting 

18 ‘‘clause (i), (ii), or (iii)’’; and 

19 (2) in the subparagraph heading, by striking 

20 ‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN

21 GENOCIDE’’ and inserting ‘‘PARTICIPATED IN NAZI

22 PERSECUTION, GENOCIDE, OR THE COMMISSION OF

23 ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to offenses committed before, on, 

3 or after the date of enactment of this Act. 

4 SEC. 1203. 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 (22 U.S.C. 6402), is inadmis20 sible.’’. 

21 (b) GROUND OF DEPORTABILITY.—Section 237(a)(4) 

22 of the Immigration and Nationality Act (8 U.S.C. 

23 1227(a)(4)) is amended by adding at the end the fol24 lowing: 
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1 ‘‘(E) PARTICIPATED IN THE COMMISSION

2 OF SEVERE VIOLATIONS OF RELIGIOUS FREE3 DOM.—Any alien described in section 

4 212(a)(2)(G) is deportable.’’. 

5 SEC. 1204. WAIVER OF INADMISSIBILITY. 

6 Section 212(d)(3) of the Immigration and Nationality 

7 Act (8 U.S.C. 1182(d)(3)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘and 

9 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of 

10 paragraph (3)(E)’’; and 

11 (2) in subparagraph (B), by striking ‘‘and 

12 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of 

13 paragraph (3)(E)’’. 

14 SEC. 1205. BAR TO GOOD MORAL CHARACTER, ASYLUM AND 

15 REFUGEE STATUS, AND WITHHOLDING OF 

16 REMOVAL FOR ALIENS WHO HAVE COM17 MITTED ACTS OF TORTURE, EXTRAJUDICIAL 

18 KILLINGS, OR SEVERE VIOLATIONS OF RELI19 GIOUS FREEDOM. 

20 (a) GOOD MORAL CHARACTER.—Section 101(f) of 

21 the Immigration and Nationality Act (8 U.S.C. 1101(f)) 

22 is amended— 

23 (1) by striking the period at the end of para24 graph (8) and inserting ‘‘; and’’; and 

25 (2) by adding at the end the following: 
199 

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1 ‘‘(9) one who at any time has engaged in con2 duct described in section 212(a)(3)(E) (relating to 

3 assistance in Nazi persecution, participation in geno4 cide, or commission of acts of torture or 

5 extrajudicial killings) or 212(a)(2)(G) (relating to 

6 severe violations of religious freedom).’’. 

7 (b) ASYLUM.—Section 208(b)(2)(A) of the Immigra8 tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 

9 amended— 

10 (1) in clause (v), by striking ‘‘or’’ at the end; 

11 (2) in clause (vi), by striking the period and in12 serting ‘‘; or’’; and 

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

14 ‘‘(vii) the alien is inadmissible under 

15 section 212(a)(3)(E).’’. 

16 (c) REFUGEES.—Section 101(a)(42) of the Immigra17 tion and Nationality Act (8 U.S.C. 1101(a)(42)) is amend18 ed in the second sentence (regarding exclusions to the 

19 term ‘‘refugee’’) by inserting ‘‘, or any person who is inad20 missible under section 212(a)(3)(E)’’ after ‘‘or political 

21 opinion’’. 

22 (d) WITHHOLDING OF REMOVAL.—Section 

23 241(b)(3)(B) of the Immigration and Nationality Act (8 

24 U.S.C. 1231(b)(3)(B)) is amended— 

25 (1) in clause (iii), by striking ‘‘or’’ at the end; 
200 

•S 2863 IS 

1 (2) in clause (iv), by striking the period and in2 serting ‘‘; or’’; and 

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

4 ‘‘(v) the alien is inadmissible under 

5 section 212(a)(3)(E).’’. 

6 SEC. 1206. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN7 VESTIGATIONS. 

8 (a) AMENDMENT OF THE IMMIGRATION AND NA9 TIONALITY ACT.—Section 103 of the Immigration and 

10 Nationality Act (8 U.S.C. 1103) is amended by adding 

11 at the end the following: 

12 ‘‘(h)(1) The Attorney General shall establish within 

13 the Criminal Division of the Department of Justice an Of14 fice of Special Investigations with the authority to detect 

15 and investigate, and, where appropriate, to take legal ac16 tion to denaturalize any alien described in section 

17 212(a)(3)(E). 

18 ‘‘(2) The Attorney General shall consult with the Sec19 retary of the Department of Homeland Security in making 

20 determinations concerning the criminal prosecution or ex21 tradition of aliens described in section 212(a)(3)(E). 

22 ‘‘(3) In determining the appropriate legal action to 

23 take against an alien described in section 212(a)(3)(E), 

24 consideration shall be given to— 
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1 ‘‘(A) the availability of criminal prosecution 

2 under the laws of the United States for any conduct 

3 that may form the basis for removal and 

4 denaturalization; or 

5 ‘‘(B) the availability of extradition of the alien 

6 to a foreign jurisdiction that is prepared to under7 take a prosecution for such conduct.’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.— 

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

10 appropriated to the Department of Justice such 

11 sums as may be necessary to carry out the addi12 tional duties established under section 103(h) of the 

13 Immigration and Nationality Act (as added by this 

14 Act) in order to ensure that the Office of Special In15 vestigations fulfills its continuing obligations regard16 ing Nazi war criminals. 

17 (2) AVAILABILITY OF FUNDS.—Amounts appro18 priated pursuant to paragraph (1) are authorized to 

19 remain available until expended. 

20 SEC. 1207. REPORTS ON IMPLEMENTATION OF THE ACT. 

21 (a) IMPLEMENTATION REPORT.—Not later than 180 

22 days after the date of enactment of this Act, the Attorney 

23 General, in consultation with the Secretary of Homeland 

24 Security, shall submit to the Committees on the Judiciary 

25 of the Senate and the House of Representatives a report 
202 

•S 2863 IS 

1 on the implementation of this Act that includes a descrip2 tion of— 

3 (1) the procedures used to refer matters to the 

4 Office of Special Investigations and other compo5 nents within the Department of Justice and the De6 partment of Homeland Security in a manner con7 sistent with the amendments made by this Act; 

8 (2) the revisions, if any, made to immigration 

9 forms to reflect changes in the Immigration and Na10 tionality Act made by the amendments contained in 

11 this Act; and 

12 (3) the procedures developed, with adequate due 

13 process protection, to obtain sufficient evidence to 

14 determine whether an alien may be inadmissible 

15 under the terms of the amendments made by this 

16 Act. 

17 (b) ADDITIONAL REPORT.—One year after the date 

18 of enactment of this Act, and annually thereafter, the At19 torney General and the Secretary of Homeland Security 

20 shall submit to the Committees on the Judiciary of the 

21 Senate and the House of Representatives a report that 

22 includes— 

23 (1) the number of criminal investigations and 

24 criminal prosecutions conducted pursuant to this 

25 Act; 
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1 (2) the number of persons removed from, or de2 nied admission to, the United States pursuant to 

3 this Act; and 

4 (3) the number and nationality of aliens who 

5 have been removed from, or denied access to, the 

6 United states pursuant to this Act. 

7 TITLE XIII—PROMISE ACT 

8 SEC. 1301. SHORT TITLE. 

9 This title may be cited as the ‘‘Parental Responsi10 bility Obligations Met through Immigration System En11 forcement Act’’ or ‘‘PROMISE Act’’. 

12 SEC. 1302. ALIENS INELIGIBLE TO RECEIVE VISAS AND EX13 CLUDED FROM ADMISSION FOR NON14 PAYMENT OF CHILD SUPPORT. 

15 Section 212(a)(10) of the Immigration and Nation16 ality Act (8 U.S.C. 1182(a)(10)) is amended by adding 

17 at the end the following: 

18 ‘‘(F) NONPAYMENT OF CHILD SUPPORT.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), an alien who is legally 

21 obligated under a judgment, decree, or 

22 order to pay child support and whose fail23 ure to pay such child support has resulted 

24 in arrearages that exceed the amount spec25 ified in section 454(31) of the Social Secu-
204 

•S 2863 IS 

1 rity Act (42 U.S.C. 654(31)) is inadmis2 sible. 

3 ‘‘(ii) EXCEPTION.—An alien described 

4 in clause (i) may become admissible 

5 when— 

6 ‘‘(I) child support payments 

7 under the judgment, decree, or order 

8 are satisfied; or 

9 ‘‘(II) the alien is in compliance 

10 with a payment agreement approved 

11 by the appropriate State enforcement 

12 agency or court. 

13 ‘‘(iii) FEDERAL PARENT LOCATOR

14 SERVICE.—The Federal Parent Locator 

15 Service, established under section 453 of 

16 the Social Security Act (42 U.S.C. 653), 

17 shall be used to determine if an alien is in18 admissible under clause (i). 

19 ‘‘(iv) REQUEST BY FOREIGN COUN20 TRY.—For purposes of clause (i), any re21 quest for services by a foreign recipro22 cating country or a foreign country with 

23 which a State has an arrangement de24 scribed in section 459A(d) of the Social Se-
205 

•S 2863 IS 

1 curity Act (42 U.S.C. 659a(d)) shall be 

2 treated as a State request.’’. 

3 SEC. 1303. AUTHORITY TO PAROLE ALIENS EXCLUDED 

4 FROM ADMISSION FOR NONPAYMENT OF 

5 CHILD SUPPORT. 

6 Section 212(d)(5) of the Immigration and Nationality 

7 Act (8 U.S.C. 1182(d)(5)) is amended by adding at the 

8 end the following: 

9 ‘‘(C)(i) The Secretary of Homeland Security may, in 

10 the Secretary’s discretion, parole into the United States, 

11 any alien who is inadmissible under subsection 

12 (a)(10)(F)(i) if— 

13 ‘‘(I) the Secretary of Homeland Security places 

14 such alien into removal proceedings; 

15 ‘‘(II) the alien demonstrates to the satisfaction 

16 of the Secretary of Homeland Security that such pa17 role is essential to the compliance and fulfillment of 

18 child support obligations; 

19 ‘‘(III) the alien demonstrates that the alien has 

20 employment in the United States and is authorized 

21 by law for employment in the United States; and 

22 ‘‘(IV) the alien is not inadmissible under any 

23 other provision of law. 

24 ‘‘(ii) The Secretary of State may permit an alien de25 scribed in clause (i) to present himself or herself at a port 
206 

•S 2863 IS 

1 of entry for the limited purpose of seeking parole pursuant 

2 to clause (i). 

3 ‘‘(iii) The Secretary of Homeland Security and the 

4 Secretary of State shall exercise the discretionary author5 ity described in this subparagraph in a manner consistent 

6 with the objective of facilitating collection of payment of 

7 child support arrearages. 

8 ‘‘(iv) For purposes of this subparagraph, unless 

9 waived by the alien, the Attorney General shall not enter 

10 a final order of removal within the 180-day period after 

11 the Secretary of Homeland Security initially charges the 

12 alien as removable under subsection (a)(10)(F) and shall 

13 not enter such final removal order during the pendency 

14 of State court proceedings involving the child support obli15 gations of the alien.’’. 

16 SEC. 1304. EFFECT OF NONPAYMENT OF CHILD SUPPORT 

17 ON ESTABLISHMENT OF GOOD MORAL CHAR18 ACTER. 

19 Section 101(f) of the Immigration and Nationality 

20 Act (8 U.S.C. 1101(f)) is amended— 

21 (1) in paragraph (8), by striking the period at 

22 the end and inserting ‘‘; or’’; and 

23 (2) by inserting after paragraph (8) the fol24 lowing: 
207 

•S 2863 IS 

1 ‘‘(9) one who is legally obligated under a judg2 ment, decree, or order to pay child support (as de3 fined in section 459(i) of the Social Security Act (42 

4 U.S.C. 659(i))) and whose failure to pay such child 

5 support has resulted in arrearages that exceed the 

6 amount specified in section 454(31) of that Act (42 

7 U.S.C. 654(31)), unless support payments under the 

8 judgment, decree, or order are satisfied or the alien 

9 is in compliance with an approved payment agree10 ment.’’. 

11 SEC. 1305. AUTHORIZATION TO SERVE LEGAL PROCESS IN 

12 CHILD SUPPORT CASES ON CERTAIN VISA AP13 PLICANTS AND ARRIVING ALIENS. 

14 Section 235(d) of the Immigration and Nationality 

15 Act (8 U.S.C. 1225(d)) is amended by adding at the end 

16 the following: 

17 ‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD

18 SUPPORT CASES.— 

19 ‘‘(A) IN GENERAL.—To the extent con20 sistent with State law, immigration officers are 

21 authorized to serve on any alien who is an ap22 plicant for admission to the United States, legal 

23 process with respect to— 

24 ‘‘(i) any action to enforce a legal obli25 gation of an individual to pay child support 
208 

•S 2863 IS 

1 (as defined in section 459(i) of the Social 

2 Security Act (42 U.S.C. 659(i)); or 

3 ‘‘(ii) any action to establish paternity. 

4 ‘‘(B) DEFINITION.—For purposes of sub5 paragraph (A), the term ‘legal process’ means 

6 any writ, order, summons, or other similar 

7 process that is issued by— 

8 ‘‘(i) a court or an administrative 

9 agency of competent jurisdiction in any 

10 State, territory, or possession of the 

11 United States; or 

12 ‘‘(ii) an authorized official pursuant to 

13 an order of such a court or agency or pur14 suant to State or local law.’’. 

15 SEC. 1306. AUTHORIZATION TO OBTAIN INFORMATION ON 

16 CHILD SUPPORT PAYMENTS BY ALIENS. 

17 Section 453(h) of the Social Security Act (42 U.S.C. 

18 653(h)) is amended by adding at the end the following: 

19 ‘‘(4) PROVISION OF INFORMATION ON PERSONS

20 DELINQUENT IN CHILD SUPPORT PAYMENTS.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding any 

22 other provision of law and in accordance with 

23 the requirements of subsection (b), on request 

24 by the Attorney General, Secretary of Home25 land Security, or Secretary of State, the Sec-
209 

•S 2863 IS 

1 retary of Health and Human Services shall pro2 vide and transmit to authorized persons 

3 through the Federal Parent Locator Service, 

4 such information as the Secretary of Health 

5 and Human Services determines may aid the 

6 authorized person in establishing whether an 

7 alien is delinquent in the payment of child sup8 port. 

9 ‘‘(B) PROHIBITION ON DISCLOSURE OF IN10 FORMATION.—In no case may an authorized 

11 person permit use by, or disclosure to, any per12 son (other than a sworn officer or employee of 

13 the United States Government for legitimate 

14 law enforcement purposes) of any information 

15 obtained under this paragraph through the 

16 Federal Parent Locator Service. 

17 ‘‘(C) PENALTY.—Any person who willfully 

18 uses, publishes, or permits information to be 

19 disclosed in violation of this paragraph shall be 

20 subject to appropriate disciplinary action and 

21 subject to a civil monetary penalty of not more 

22 than $5,000 for each such violation. 

23 ‘‘(D) AUTHORIZED PERSON DEFINED.— 

24 For purposes of this paragraph, the term ‘au25 thorized person’ means any administrative 
210 

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1 agency, immigration officer, or consular officer 

2 (as defined in section 101(a) of the Immigration 

3 and Nationality Act (8 U.S.C. 1101(a)) having 

4 the authority to investigate or enforce the immi5 gration and naturalization laws of the United 

6 States with respect to the legal entry and status 

7 of aliens.’’. 

8 SEC. 1307. EFFECTIVE DATE. 

9 This title and the amendments made by this title 

10 shall take effect on the date that is 90 days after the date 

11 of enactment of this title and shall apply to aliens who 

12 apply for benefits under the Immigration and Nationality 

13 Act (8 U.S.C. 1101 et seq.) on or after such effective date. 

14 TITLE XIV—FALLEN HEROES OF 

15 9/11 ACT 

16 SEC. 1401. SHORT TITLE. 

17 This title may be cited as the ‘‘Fallen Heroes of 9/ 

18 11 Act’’. 

19 SEC. 1402. CONGRESSIONAL FINDINGS. 

20 Congress finds that— 

21 (1) since September 11, 2001, the United 

22 States has been engaged in a war different from any 

23 other in our Nation’s history; 
211 

•S 2863 IS 

1 (2) in the eyes of the terrorists, we are all the 

2 enemy, and the term ‘‘innocent civilian’’ has no 

3 meaning for such terrorists; 

4 (3) the deaths by airplane at the World Trade 

5 Center, at the Pentagon, and in rural Pennsylvania 

6 represent an escalation of direct terrorist attacks on 

7 civilians; 

8 (4) the officers, emergency workers, and other 

9 employees of State and local government agencies, 

10 including the Port Authority of New York and New 

11 Jersey, and of the United States Government and 

12 others, who responded to the attacks on the World 

13 Trade Center in New York City and perished as a 

14 result of the tragic events of September 11, 2001 

15 (including those who are missing and presumed 

16 dead), took heroic and noble action on that day; 

17 (5) the passengers and crew of United Airlines 

18 Flight 93, recognizing the potential danger that the 

19 aircraft that they were aboard posed to large num20 bers of innocent Americans, American institutions, 

21 and the symbols of American democracy, took heroic 

22 and noble action to ensure that the aircraft could 

23 not be used as a weapon; and 

24 (6) given the unprecedented nature of the at25 tacks against the United States of America and the 
212 

•S 2863 IS 

1 need to properly demonstrate the support of the 

2 country for the victims of terrorism, it is fitting that 

3 their sacrifice be recognized with the award of an 

4 appropriate medal. 

5 SEC. 1403. FALLEN HEROES OF 9/11 CONGRESSIONAL MED6 ALS. 

7 (a) PRESENTATION AUTHORIZED.—The President 

8 may present on behalf of Congress, to the personal rep9 resentative or next of kin of each individual referred to 

10 in subsection (c), a medal of appropriate design, as de11 scribed in subsection (b)(1), such medals to be known as 

12 ‘‘Fallen Heroes of 9/11 Congressional Medals’’, in recogni13 tion of the sacrifice made by each such individual, and 

14 to honor their deaths on and following September 11, 

15 2001. 

16 (b) DESIGN AND STRIKING.— 

17 (1) IN GENERAL.—For purposes of the presen18 tations referred to in subsection (a), the Secretary of 

19 the Treasury (in this Act referred to as the ‘‘Sec20 retary’’) shall strike 3 medals, of such content and 

21 with such suitable emblems, devices, and inscriptions 

22 as the Secretary determines to be appropriate to be 

23 representative of and in honor of, respectively— 
213 

•S 2863 IS 

1 (A) victims of the attack at the World 

2 Trade Center, including civilians, public safety 

3 officers, emergency workers, and hijack victims; 

4 (B) victims aboard United Airlines Flight 

5 93 that crashed in Pennsylvania; and 

6 (C) victims at the Pentagon, including the 

7 hijack victims. 

8 (2) CONSULTATION.—Before making a final de9 termination with respect to the design of the medal 

10 under this subsection, the Secretary shall consult 

11 with the Secretary of Defense and such other parties 

12 as the Secretary may determine to be appropriate. 

13 (c) ELIGIBILITY TO RECEIVE MEDAL.— 

14 (1) IN GENERAL.—Any individual who died on 

15 or after September 11, 2001, as a direct result of 

16 the act of terrorism within the United States on that 

17 date, shall be eligible for a medal referred to in sub18 section (a). 

19 (2) DETERMINATION.—Eligibility under para20 graph (1) shall be determined by the Secretary, in 

21 consultation with such other officers of the United 

22 States Government and State and local officials as 

23 the Secretary determines to be appropriate. 

24 (3) TERRORISM DEFINED.—For purposes of 

25 this section and section 1404, the term ‘‘act of ter-
214 

•S 2863 IS 

1 rorism’’ means the premeditated, politically moti2 vated violence perpetrated against the United States 

3 on September 11, 2001. 

4 SEC. 1404. DUPLICATE MEDALS. 

5 (a) RECIPIENTS OF DUPLICATE MEDALS.—The Sec6 retary shall strike duplicates of the medals struck pursu7 ant to section 1404 for presentation to each precinct 

8 house, firehouse, emergency response station, or other 

9 duty station or place of employment to which each person 

10 referred to in subsection (b) of this section was assigned 

11 on September 11, 2001, for permanent display in each 

12 such place in a manner befitting the memory of such per13 son. 

14 (b) PUBLIC SAFETY, EMERGENCY, AND OTHER

15 WORKERS.—Persons referred to in this subsection are of16 ficers, emergency workers, and other employees of State 

17 and local government agencies, including the Port Author18 ity of New York and New Jersey, and of the United States 

19 Government and others, who responded to the attacks on 

20 the World Trade Center in New York City on September 

21 11, 2001, and perished as a direct result of that act of 

22 terrorism (including those who are missing and presumed 

23 dead). 
215 

•S 2863 IS 

1 SEC. 1405. ESTABLISHMENT OF LISTS OF RECIPIENTS. 

2 (a) INITIAL LISTS.—Before the end of the 120-day 

3 period beginning on the date of enactment of this title, 

4 the Secretary shall establish— 

5 (1) a list of the names of individuals eligible to 

6 receive a medal under section 1404, as described in 

7 section 1404(c)(1), during the period beginning on 

8 September 11, 2001, and ending on the date of en9 actment of this title; and 

10 (2) a list of the eligible recipients of a duplicate 

11 medal under section 1404. 

12 (b) SUBSEQUENT ELIGIBILITY.—If any individual be13 comes eligible for a medal, as described in section 

14 1603(c)(1), or any other recipient becomes eligible for a 

15 duplicate medal, as described in section 1504, the Sec16 retary shall promptly add the name of that individual or 

17 recipient to the appropriate list established pursuant to 

18 subsection (a). 

19 SEC. 1406. SALES TO THE PUBLIC TO DEFRAY COSTS. 

20 Under such regulations as the Secretary may pre21 scribe, the Secretary may strike and sell duplicates of the 

22 medals struck under this title, at a price sufficient to cover 

23 the costs of the medals (including labor, materials, dies, 

24 use of machinery, and overhead expenses). 
216 

•S 2863 IS 

1 SEC. 1407. NATIONAL MEDALS. 

2 The medals struck pursuant to this title are national 

3 medals for purposes of chapter 51 of title 31, United 

4 States Code. 

5 TITLE XV—MISCELLANEOUS 

6 PROVISIONS 

7 SEC. 1501. TECHNICAL AMENDMENTS RELATING TO PUBLIC 

8 LAW 107–56. 

9 (a) STRIKING SURPLUS WORDS.— 

10 (1) Section 2703(c)(1) of title 18, United 

11 States Code, is amended by striking ‘‘or’’ at the end 

12 of subparagraph (C). 

13 (2) Section 1960(b)(1)(C) of title 18, United 

14 States Code, is amended by striking ‘‘to be used to 

15 be used’’ and inserting ‘‘to be used’’. 

16 (b) PUNCTUATION AND GRAMMAR CORRECTIONS.— 

17 Section 2516(1)(q) of title 18, United States Code, is 

18 amended— 

19 (1) by striking the semicolon after the first 

20 close parenthesis; and 

21 (2) by striking ‘‘sections’’ and inserting ‘‘sec22 tion’’. 

23 (c) CROSS REFERENCE CORRECTION.—Section 322 

24 of Public Law 107–56 is amended, effective on the date 

25 of enactment of that section, by striking ‘‘title 18’’ and 

26 inserting ‘‘title 28’’. 
217 

•S 2863 IS 

1 (d) CAPITALIZATION CORRECTION.—Subsections (a) 

2 and (b) of section 2703 of title 18, United States Code, 

3 are each amended by striking ‘‘CONTENTS OF WIRE OR

4 ELECTRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR

5 ELECTRONIC’’. 

6 SEC. 1502. MISCELLANEOUS TECHNICAL AMENDMENTS. 

7 (a) PUNCTUATION CORRECTIONS.—The heading for 

8 section 1591 of title 18, United States Code, is amended 

9 by inserting a comma after ‘‘fraud’’. 

10 (b) DUPLICATE SECTION NUMBERS.—The second 

11 section 540C in chapter 33 of title 28, United States Code, 

12 is redesignated as section 540D, and the item relating to 

13 that section in the table of sections at the beginning of 

14 that chapter is redesignated accordingly and transferred 

15 so as to be placed after the item relating to section 540C. 

16 (c) TABLE OF SECTIONS OMISSION.—The table of 

17 sections at the beginning of chapter 203 of title 18, United 

18 States Code, is amended by inserting after the item relat19 ing to section 3050 the following new item: 

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and 

Explosives.’’. 

20 (d) REPEAL OF DUPLICATIVE PROGRAM.—Section 

21 316 of part A of the Runaway and Homeless Youth Act 

22 (42 U.S.C. 5712d), as added by section 40155 of the Vio23 lent Crime Control and Law Enforcement Act of 1994 

24 (Public Law 103–322; 108 Stat. 1922), is repealed. 
218 

•S 2863 IS 

1 SEC. 1503. MINOR SUBSTANTIVE AMENDMENT RELATING 

2 TO CONTENTS OF FBI ANNUAL REPORT. 

3 Section 540D(b)(1)(A) of title 28, United States 

4 Code, as redesignated by section 302(b), is further amend5 ed by inserting ‘‘and the number of such personnel who 

6 receive danger pay under section 151 of the Foreign Rela7 tions Authorization Act, Fiscal Years 1990 and 1991 (5 

8 U.S.C. 5928 note)’’ after ‘‘year’’. 

9 SEC. 1504. USE OF FEDERAL TRAINING FACILITIES. 

10 (a) FEDERAL TRAINING FACILITIES.—Unless specifi11 cally authorized in writing by the Attorney General, the 

12 Department of Justice (and each entity within it) shall 

13 use for any predominately internal training only a facility 

14 that does not require a payment to a private entity for 

15 use of the facility. 

16 (b) ANNUAL REPORT.—The Attorney General shall 

17 prepare an annual report to the chairmen and ranking mi18 nority members of the Committees on the Judiciary of the 

19 Senate and of the House of Representatives that details 

20 each training that requires specific authorization under 

21 subsection (a). The report shall include an explanation of 

22 why the facility was chosen, and a breakdown of any ex23 penditures incurred in excess of the cost of conducting the 

24 training or meeting at a facility that did not require such 

25 authorization. 
219 

•S 2863 IS 

1 SEC. 1505. TECHNICAL CORRECTION RELATING TO DEFINI2 TION USED IN ‘‘TERRORISM TRANSCENDING 

3 NATIONAL BOUNDARIES’’ STATUTE. 

4 Section 1958 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (a), by striking ‘‘facility in’’ 

7 and inserting ‘‘facility of’’; and 

8 (2) in subsection (b)(2), by inserting ‘‘or for9 eign’’ after ‘‘interstate’’. 

10 SEC. 1506. INCREASED PENALTIES AND EXPANDED JURIS11 DICTION FOR SEXUAL ABUSE OFFENSES IN 

12 CORRECTIONAL FACILITIES. 

13 (a) EXPANDED JURISDICTION.—The following provi14 sions of title 18, United States Code, are each amended 

15 by inserting ‘‘or with respect to any person in the custody 

16 of the Attorney General or the Bureau of Prisons or any 

17 institution or facility in which the person is confined under 

18 the direction of the Attorney General or the Bureau of 

19 Prisons,’’ after ‘‘in a Federal prison,’’: 

20 (1) Subsections (a) and (b) of section 2241. 

21 (2) The first sentence of subsection (c) of sec22 tion 2241. 

23 (3) Section 2242. 

24 (4) Subsections (a) and (b) of section 2243. 

25 (5) Subsections (a) and (b) of section 2244. 

26 (b) INCREASED PENALTIES.— 
220 

•S 2863 IS 

1 (1) SEXUAL ABUSE OF A WARD.—Section 

2 2243(b) of such title is amended by striking ‘‘one 

3 year’’ and inserting ‘‘five years’’. 

4 (2) ABUSIVE SEXUAL CONTACT.—Section 2244 

5 of such title is amended by striking ‘‘six months’’ 

6 and inserting ‘‘two years’’ in each of subsections 

7 (a)(4) and (b). 

8 SEC. 1507. EXPANDED JURISDICTION FOR CONTRABAND 

9 OFFENSES IN CORRECTIONAL FACILITIES. 

10 Section 1791(a) of title 18, United States Code, is 

11 amended in each of paragraphs (1) and (2) by inserting 

12 ‘‘or an individual in the custody of the Attorney General 

13 or the Bureau of Prisons or any institution or facility in 

14 which the person is confined under the direction of the 

15 Attorney General or the Bureau of Prisons’’ after ‘‘an in16 mate of a prison’’. 

17 SEC. 1508. MAGISTRATE JUDGE’S AUTHORITY TO CON18 TINUE PRELIMINARY HEARING. 

19 The second sentence of section 3060(c) of title 18, 

20 United States Code, is amended to read as follows: ‘‘In 

21 the absence of such consent of the accused, the judge or 

22 magistrate judge may extend the time limits only on a 

23 showing that extraordinary circumstances exist and justice 

24 requires the delay.’’. 
221 

•S 2863 IS 

1 SEC. 1509. BOYS AND GIRLS CLUBS OF AMERICA. 

2 Section 401 of the Economic Espionage Act of 1996 

3 (42 U.S.C. 13751 note) is amended— 

4 (1) in subsection (a)(2)— 

5 (A) by striking ‘‘1,200’’ and inserting 

6 ‘‘1,500’’; 

7 (B) by striking ‘‘4,000’’ and inserting 

8 ‘‘5,000’’; and 

9 (C) by striking ‘‘December 31, 2005’’ and 

10 inserting ‘‘December 31, 2010’’; 

11 (2) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘2002, 

13 2003, 2004, 2005, and 2006’’ and inserting 

14 ‘‘2006, 2007, 2008, 2009, and 2010’’; and 

15 (B) in paragraph (2)— 

16 (i) in subparagraph (A), by striking 

17 ‘‘1,200’’ and inserting ‘‘1,500’’; and 

18 (ii) in subparagraph (B)— 

19 (I) by striking ‘‘4,000’’ and in20 serting ‘‘5,000’’; and 

21 (II) by striking ‘‘2007’’ and in22 serting ‘‘2010’’; and 

23 (3) in subsection (e), by striking paragraph (1) 

24 and inserting the following: 

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

26 appropriated to carry out this section— 
222 

•S 2863 IS 

1 ‘‘(A) $80,000,000 for fiscal year 2006; 

2 ‘‘(B) $85,000,000 for fiscal year 2007; 

3 ‘‘(C) $90,000,000 for fiscal year 2008; 

4 ‘‘(D) $95,000,000 for fiscal year 2009; 

5 and 

6 ‘‘(E) $100,000,000 for fiscal year 2010.’’. 

7 SEC. 1510. AUTHORITY OF INSPECTORS GENERAL. 

8 Title XXXVII of the Crime Control Act of 1990 (42 

9 U.S.C. 5779 et seq.) is amended by inserting after section 

10 3701 the following: 

11 ‘‘SEC. 3701A. AUTHORITY OF INSPECTORS GENERAL. 

12 ‘‘(a) IN GENERAL.—An Inspector General appointed 

13 under section 3 or section 8G of the Inspector General 

14 Act of 1978 (5 U.S.C. App. 3), or the Inspector General 

15 of the Government Printing Office, may provide staff sup16 port to the National Center for Missing and Exploited 

17 Children for the purpose of conducting reviews of inactive 

18 case files to develop recommendations for further inves19 tigation, and for similar activities. 

20 ‘‘(b) LIMITATION.—An Inspector General may pro21 vide support under subsection (a) only if the provision of 

22 such support will not interfere with the duties of the In23 spector General under the Inspector General Act of 

24 1978.’’. 
223 

•S 2863 IS 

1 SEC. 1511. FOREIGN STUDENT VISAS. 

2 (a) IN GENERAL.—Section 101(a)(15)(F) of the Im3 migration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) 

4 is amended— 

5 (1) by striking ‘‘alien, and (iii)’’ and inserting 

6 ‘‘alien, (iii)’’; and 

7 (2) by striking ‘‘Canada or Mexico;’’ and insert8 ing ‘‘Canada or Mexico, and (iv) an alien who main9 tains actual residence and place of abode in a for10 eign country and who is described in clause (i), ex11 cept that the alien’s actual course of study is a dis12 tance learning program at an approved institution 

13 (other than an elementary or secondary school) that 

14 may be full or part-time, for which the alien is vis15 iting the United States temporarily for a period not 

16 to exceed 30 days;’’. 

17 (b) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 

18 Section 248(1) of the Immigration and Nationality Act (8 

19 U.S.C. 1258(1)) is amended by inserting ‘‘(F)(iv),’’ after 

20 ‘‘(D),’’. 

21 SEC. 1512. PRE-RELEASE CUSTODY OF PRISONERS. 

22 Section 3624 of title 18, United States Code, is 

23 amended by striking subsection (c) and inserting the fol24 lowing: 

25 ‘‘(c) PRE-RELEASE CUSTODY.— 
224 

•S 2863 IS 

1 ‘‘(1) IN GENERAL.—The Bureau of Prisons 

2 shall, to the extent practicable, assure that a pris3 oner serving a term of imprisonment spends a rea4 sonable part of the final portion of the term, not to 

5 exceed 1 year, to be served under conditions that 

6 will afford the prisoner a reasonable opportunity to 

7 adjust to and prepare for the prisoner’s reentry into 

8 the community. Such conditions may include, but 

9 are not limited to, residence in a community correc10 tional facility. 

11 ‘‘(2) PERIOD OF CONFINEMENT.—This sub12 section authorizes the Bureau of Prisons to place a 

13 prisoner in home confinement for the last 10 per 

14 centum of the term to be served, not to exceed 6 

15 months. 

16 ‘‘(3) ASSISTANCE.—The United States proba17 tion system shall, to the extent practicable, offer as18 sistance to a prisoner during such pre-release cus19 tody. 

20 ‘‘(4) PLACE OF IMPRISONMENT.—For the pur21 poses of this subsection, a community correctional 

22 facility and home confinement shall constitute a 

23 place of imprisonment. 

24 ‘‘(5) CONSTRUCTION.—Nothing in this sub25 section shall be construed to limit or restrict the au-
225 

•S 2863 IS 

1 thority of the Bureau of Prisons granted under sec2 tion 3621 of this title.’’. 

3 SEC. 1513. FBI TRANSLATOR REPORTING REQUIREMENT. 

4 Section 205(c) of the USA PATRIOT ACT (28 

5 U.S.C. 532 note) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘The Attorney General shall report to the 

8 Committees on the Judiciary of the House of Rep9 resentatives and the Senate on’’ and inserting ‘‘Not 

10 later than 30 days after the date of enactment of 

11 the Department of Justice Appropriations Author12 ization Act, Fiscal Years 2005 through 2007, and 

13 on an annual basis thereafter, the Attorney General 

14 shall submit a report to the Committee on the Judi15 ciary of the Senate, and the Committee on the Judi16 ciary of the House of Representatives, with respect 

17 to each preceding 12-month period, on’’; and 

18 (2) in paragraph (1), by inserting ‘‘, or con19 tracted for,’’ after ‘‘employed’’. 

20 SEC. 1514. AMENDMENT TO VICTIMS OF CHILD ABUSE ACT. 

21 Section 227(b) of the Victims of Child Abuse Act of 

22 1990 (42 U.S.C. 13032) is amended by adding at the end 

23 the following: 

24 ‘‘(5) CONTENTS OF REPORT.—The contents of 

25 the report of facts and circumstances for purposes 
226 

•S 2863 IS 

1 of this subsection shall include the following infor2 mation: 

3 ‘‘(A) Apparent illegal content and images, 

4 provided in compliance and compatible with the 

5 existing electronic infrastructure of the 

6 CyberTipline. 

7 ‘‘(B) The Internet Protocol Address, and 

8 the time and date when the address was used 

9 associated with each apparent violation as re10 quired under this section. 

11 ‘‘(C) The Internet Protocol Address, and 

12 the time and date when the address was used 

13 associated with the account registration of the 

14 apparent violation as required under this sec15 tion. 

16 ‘‘(D) The relevant time zone of the dates 

17 and times of any apparent violation. 

18 ‘‘(E) Contact information on service of 

19 legal process to obtain relevant information for 

20 an apparent violation. 

21 ‘‘(F) Any locator information, such as a 

22 ZIP Code, identifying the originating jurisdic23 tion where the facts and circumstances of the 

24 apparent violation occurred. 
227 

•S 2863 IS 

1 ‘‘(H) Relevant addresses, city, county, 

2 State, ZIP code, and country identification code 

3 listed in related subscriber or customer records, 

4 to include home or work place designations sub5 scriber name, method of payment, credit card 

6 number, contact phone numbers, screen and e7 mail names. 

8 ‘‘(I) Relevant city, county, State, ZIP 

9 Code, or country identification code in which a 

10 gateway device is located that was used in con11 nection with an apparent violation by the sub12 scriber or customer to access a electronic com13 munication service or a remote computing serv14 ice on such dates or times associated to a re15 portable incident as required under this section. 

16 ‘‘(6) IMPOSITION OF PENALTIES.—Failure to 

17 provide a report containing the required contents set 

18 forth under paragraph (5) shall be the basis for the 

19 imposition of penalties as set forth under paragraph 

20 (4).’’. 

21 SEC. 1515. DEVELOPMENT OF AN INFORMATION SYSTEM 

22 INTERSTATE COMPACT FOR ADULT OF23 FENDER SUPERVISION. 

24 (a) PROGRAM.—The Attorney General shall establish 

25 a program to support the development of an information 
228 

•S 2863 IS 

1 sharing system between States to support the exchange 

2 of information on offenders seeking and completing trans3 fer from 1 State to another through the Interstate Com4 pact for Adult Offender Supervision. 

5 (b) DETAILS.—The program shall— 

6 (1) establish a system of uniform data collec7 tion; 

8 (2) allow instant and real time access to infor9 mation on active criminal cases by criminal justice 

10 officials; 

11 (3) provide regular reporting of Compact activi12 ties to heads of State councils, State executive, judi13 cial and legislative leaders and criminal justice ad14 ministrators; and 

15 (4) be designed to integrate with current and 

16 future national, State, and local information sys17 tems. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as necessary 

20 to carry out the development of an information system for 

21 the Interstate Compact for Adult Offender Supervision 

22 under this section. 
229 

•S 2863 IS 

1 TITLE XVI—REAUTHORIZATION 

2 OF THE NATIONAL FILM 

3 PRESERVATION BOARD 

4 SEC. 1601. SHORT TITLE. 

5 This title may be cited as the ‘‘National Film Preser6 vation Act of 2004’’. 

7 SEC. 1602. REAUTHORIZATION AND AMENDMENT. 

8 (a) DUTIES OF THE LIBRARIAN OF CONGRESS.—Sec9 tion 103 of the National Film Preservation Act of 1996 

10 (2 U.S.C. 179m) is amended— 

11 (1) in subsection (b)— 

12 (A) by striking ‘‘film copy’’ each place that 

13 term appears and inserting ‘‘film or other ap14 proved copy’’; 

15 (B) by striking ‘‘film copies’’ each place 

16 that term appears and inserting ‘‘film or other 

17 approved copies’’; and 

18 (C) in the third sentence, by striking 

19 ‘‘copyrighted’’ and inserting ‘‘copyrighted, mass 

20 distributed, broadcast, or published’’; and 

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

22 ‘‘(c) COORDINATION OF PROGRAM WITH OTHER

23 COLLECTION, PRESERVATION, AND ACCESSIBILITY AC24 TIVITIES.—In carrying out the comprehensive national 

25 film preservation program for motion pictures established 
230 

•S 2863 IS 

1 under the National Film Preservation Act of 1992, the 

2 Librarian, in consultation with the Board established 

3 under section 104, shall— 

4 ‘‘(1) carry out activities to make films included 

5 in the National Film Registry more broadly acces6 sible for research and educational purposes, and to 

7 generate public awareness and support of the Reg8 istry and the comprehensive national film preserva9 tion program; 

10 ‘‘(2) review the comprehensive national film 

11 preservation plan, and amend it to the extent nec12 essary to ensure that it addresses technological ad13 vances in the preservation and storage of, and access 

14 to film collections in multiple formats; and 

15 ‘‘(3) wherever possible, undertake expanded ini16 tiatives to ensure the preservation of the moving 

17 image heritage of the United States, including film, 

18 videotape, television, and born digital moving image 

19 formats, by supporting the work of the National 

20 Audio-Visual Conservation Center of the Library of 

21 Congress, and other appropriate nonprofit archival 

22 and preservation organizations.’’. 

23 (b) NATIONAL FILM PRESERVATION BOARD.—Sec24 tion 104 of the National Film Preservation Act of 1996 

25 (2 U.S.C. 179n) is amended— 
231 

•S 2863 IS 

1 (1) in subsection (a)— 

2 (A) in paragraph (1) by striking ‘‘20’’ and 

3 inserting ‘‘22’’; and 

4 (B) in paragraph (2) by striking ‘‘three’’ 

5 and inserting ‘‘5’’; 

6 (3) in subsection (d) by striking ‘‘11’’ and in7 serting ‘‘12’’; and 

8 (4) by striking subsection (e) and inserting the 

9 following: 

10 ‘‘(e) REIMBURSEMENT OF EXPENSES.—Members of 

11 the Board shall serve without pay, but may receive travel 

12 expenses, including per diem in lieu of subsistence, in ac13 cordance with sections 5702 and 5703 of title 5, United 

14 States Code.’’. 

15 (c) NATIONAL FILM REGISTRY.—Section 106 of the 

16 National Film Preservation Act of 1996 (2 U.S.C. 179p) 

17 is amended by adding at the end the following: 

18 ‘‘(e) NATIONAL AUDIO-VISUAL CONSERVATION CEN19 TER.—The Librarian shall utilize the National Audio-Vis20 ual Conservation Center of the Library of Congress at 

21 Culpeper, Virginia, to ensure that preserved films included 

22 in the National Film Registry are stored in a proper man23 ner, and disseminated to researchers, scholars, and the 

24 public as may be appropriate in accordance with— 

25 ‘‘(1) title 17 of the United States Code; and 
232 

•S 2863 IS 

1 ‘‘(2) the terms of any agreements between the 

2 Librarian and persons who hold copyrights to such 

3 audiovisual works.’’. 

4 (d) USE OF SEAL.—Section 107(a) of the National 

5 Film Preservation Act of 1996 (2 U.S.C. 179q) is amend6 ed— 

7 (1) in paragraph (1), by inserting ‘‘in any for8 mat’’ after ‘‘or any copy’’; and 

9 (2) in paragraph (2), by striking ‘‘or film copy’’ 

10 and inserting ‘‘in any format’’. 

11 (e) EFFECTIVE DATE.—Section 113 of the National 

12 Film Preservation Act of 1996 (2 U.S.C. 179w) is amend13 ed by striking ‘‘7’’ and inserting ‘‘17’’. 

14 TITLE XVII—REAUTHORIZATION 

15 OF THE NATIONAL FILM 

16 PRESERVATION FOUNDATION 

17 SEC. 1701. SHORT TITLE. 

18 This title may be cited as the ‘‘National Film Preser19 vation Foundation Reauthorization Act of 2004’’. 

20 SEC. 1702. REAUTHORIZATION AND AMENDMENT. 

21 (a) BOARD OF DIRECTORS.—Section 151703 of title 

22 36, United States Code, is amended— 

23 (1) in subsection (b)(2)(A), by striking ‘‘nine’’ 

24 and inserting ‘‘12’’; and 
233 

•S 2863 IS 

1 (2) in subsection (b)(4), by striking the second 

2 sentence and inserting ‘‘There shall be no limit to 

3 the number of terms to which any individual may be 

4 appointed.’’. 

5 (b) POWERS.—Section 151705 of title 36, United 

6 States Code, is amended in subsection (b) by striking 

7 ‘‘District of Columbia’’ and inserting ‘‘the jurisdiction in 

8 which the principal office of the corporation is located’’. 

9 (c) PRINCIPAL OFFICE.—Section 151706 of title 36, 

10 United States Code, is amended by inserting ‘‘, or another 

11 place as determined by the board of directors’’ after ‘‘Dis12 trict of Columbia’’. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 151711 of title 36, United States Code, is amended by 

15 striking subsections (a) and (b) and inserting the fol16 lowing: 

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

18 are authorized to be appropriated to the Library of Con19 gress amounts necessary to carry out this chapter, not to 

20 exceed $500,000 for each of the fiscal years 2004 and 

21 2005, and not to exceed $1,000,000 for each of the fiscal 

22 years 2006 through 2013. These amounts are to be made 

23 available to the corporation to match any private contribu24 tions (whether in currency, services, or property) made to 
234 

•S 2863 IS 

1 the corporation by private persons and State and local 

2 governments. 

3 ‘‘(b) LIMITATION RELATED TO ADMINISTRATIVE EX4 PENSES.—Amounts authorized under this section may not 

5 be used by the corporation for management and general 

6 or fundraising expenses as reported to the Internal Rev7 enue Service as part of an annual information return re8 quired under the Internal Revenue Code of 1986.’’. 

9 TITLE XVIII—DREAM ACT 

10 SEC. 1801. SHORT TITLE. 

11 This title may be cited as the ‘‘Development, Relief, 

12 and Education for Alien Minors Act of 2003’’ or 

13 ‘‘DREAM Act’’. 

14 SEC. 1802. DEFINITION OF INSTITUTION OF HIGHER EDU15 CATION. 

16 In this title, the term ‘‘institution of higher edu17 cation’’ has the meaning given the term in section 101 

18 of the Higher Education Act of 1965 (20 U.S.C. 1001). 

19 SEC. 1803. RESTORATION OF STATE OPTION TO DETER20 MINE RESIDENCY FOR PURPOSES OF HIGHER 

21 EDUCATION BENEFITS. 

22 (a) IN GENERAL.—Section 505 of the Illegal Immi23 gration Reform and Immigrant Responsibility Act of 1996 

24 (8 U.S.C. 1623) is repealed. 
235 

•S 2863 IS 

1 (b) EFFECTIVE DATE.—The repeal described in sub2 section (a) shall take effect as if included in the enactment 

3 of the Illegal Immigration Reform and Immigrant Respon4 sibility Act of 1996. 

5 SEC. 1804. CANCELLATION OF REMOVAL AND ADJUSTMENT 

6 OF STATUS OF CERTAIN LONG-TERM RESI7 DENTS WHO ENTERED THE UNITED STATES 

8 AS CHILDREN. 

9 (a) SPECIAL RULE FOR ALIENS IN QUALIFIED INSTI10 TUTIONS OF HIGHER EDUCATION.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law and except as otherwise provided in 

13 this title, the Secretary of Homeland Security may 

14 cancel removal of, and adjust to the status of an 

15 alien lawfully admitted for permanent residence, 

16 subject to the conditional basis described in section 

17 1805, an alien who is inadmissible or deportable 

18 from the United States, if the alien demonstrates 

19 that— 

20 (A) the alien has been physically present in 

21 the United States for a continuous period of 

22 not less than 5 years immediately preceding the 

23 date of enactment of this title, and had not yet 

24 reached the age of 16 years at the time of ini25 tial entry; 
236 

•S 2863 IS 

1 (B) the alien has been a person of good 

2 moral character since the time of application; 

3 (C) the alien— 

4 (i) is not inadmissible under para5 graph (2), (3), (6)(B), (6)(C), (6)(E), 

6 (6)(F), or (6)(G) of section 212(a) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1182(a)), or, if inadmissible solely under 

9 subparagraphs (C) or (F) of paragraph (6) 

10 of such section, the alien was under the 

11 age of 16 years at the time the violation 

12 was committed; and 

13 (ii) is not deportable under paragraph 

14 (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), 

15 (4), or (6) of section 237(a) of the Immi16 gration and Nationality Act (8 U.S.C. 

17 1227(a)), or, if deportable solely under 

18 subparagraphs (C) or (D) of paragraph (3) 

19 of such section, the alien was under the 

20 age of 16 years at the time the violation 

21 was committed; 

22 (D) the alien, at the time of application, 

23 has been admitted to an institution of higher 

24 education in the United States, or has earned 

25 a high school diploma or obtained a general 
237 

•S 2863 IS 

1 education development certificate in the United 

2 States; and 

3 (E) the alien has never been under a final 

4 administrative or judicial order of exclusion, de5 portation, or removal, unless the alien has re6 mained in the United States under color of law 

7 or received the order before attaining the age of 

8 16 years. 

9 (2) WAIVER.—The Secretary of Homeland Se10 curity may waive the grounds of ineligibility under 

11 section 212(a)(6) of the Immigration and Nation12 ality Act and the grounds of deportability under 

13 paragraphs (1), (3), and (6) of section 237(a) of 

14 that Act for humanitarian purposes or family unity 

15 or when it is otherwise in the public interest. 

16 (3) PROCEDURES.—The Secretary of Homeland 

17 Security shall provide a procedure by regulation al18 lowing eligible individuals to apply affirmatively for 

19 the relief available under this subsection without 

20 being placed in removal proceedings. 

21 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

22 purposes of this section, any period of continuous resi23 dence or continuous physical presence in the United States 

24 of an alien who applies for cancellation of removal under 

25 this section shall not terminate when the alien is served 
238 

•S 2863 IS 

1 a notice to appear under section 239(a) of the Immigra2 tion and Nationality Act (8 U.S.C. 1229(a)). 

3 (c) TREATMENT OF CERTAIN BREAKS IN PRES4 ENCE.— 

5 (1) IN GENERAL.—An alien shall be considered 

6 to have failed to maintain continuous physical pres7 ence in the United States under subsection (a) if the 

8 alien has departed from the United States for any 

9 period in excess of 90 days or for any periods in the 

10 aggregate exceeding 180 days. 

11 (2) EXTENSIONS FOR EXCEPTIONAL CIR12 CUMSTANCES.—The Secretary of Homeland Security 

13 may extend the time periods described in paragraph 

14 (1) if the alien demonstrates that the failure to time15 ly return to the United States was due to excep16 tional circumstances. The exceptional circumstances 

17 determined sufficient to justify an extension should 

18 be no less compelling than serious illness of the 

19 alien, or death or serious illness of a parent, grand20 parent, sibling, or child. 

21 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

22 Nothing in this section may be construed to apply against 

23 the numerical limitation on the number of aliens who may 

24 be eligible for cancellation of removal under section 240A 

25 of the Immigration and Nationality Act (8 U.S.C. 1229b). 
239 

•S 2863 IS 

1 (e) REGULATIONS.— 

2 (1) PROPOSED REGULATIONS.—Not later than 

3 180 days after the date of enactment of this title, 

4 the Secretary of Homeland Security shall publish 

5 proposed regulations implementing this section. 

6 Such regulations shall be effective immediately on an 

7 interim basis, but are subject to change and revision 

8 after public notice and opportunity for a period for 

9 public comment. 

10 (2) INTERIM, FINAL REGULATIONS.—Within a 

11 reasonable time after publication of the interim reg12 ulations in accordance with paragraph (1), the Sec13 retary of Homeland Security shall publish final regu14 lations implementing this section. 

15 (f) REMOVAL OF ALIEN.—The Secretary of Home16 land Security shall not remove any alien who has a pend17 ing application for conditional status under this title. 

18 SEC. 1805. CONDITIONAL PERMANENT RESIDENT STATUS. 

19 (a) IN GENERAL.— 

20 (1) CONDITIONAL BASIS FOR STATUS.—Not21 withstanding any other provision of law, and except 

22 as provided in section 1806, an alien whose status 

23 has been adjusted under section 1804 to that of an 

24 alien lawfully admitted for permanent residence shall 

25 be considered to have obtained such status on a con-
240 

•S 2863 IS 

1 ditional basis subject to the provisions of this sec2 tion. Such conditional resident status shall be valid 

3 for a period of 6 years, subject to termination under 

4 subsection (b). 

5 (2) NOTICE OF REQUIREMENTS.— 

6 (A) AT TIME OF OBTAINING PERMANENT

7 RESIDENCE.—At the time an alien obtains per8 manent resident status on a conditional basis 

9 under paragraph (1), the Secretary of Home10 land Security shall provide for notice to the 

11 alien regarding the provisions of this section 

12 and the requirements of subsection (c)(1) to 

13 have the conditional basis of such status re14 moved. 

15 (B) EFFECT OF FAILURE TO PROVIDE NO16 TICE.—The failure of the Secretary of Home17 land Security to provide a notice under this 

18 paragraph— 

19 (i) shall not affect the enforcement of 

20 the provisions of this title with respect to 

21 the alien; and 

22 (ii) shall not give rise to any private 

23 right of action by the alien. 

24 (b) TERMINATION OF STATUS.— 
241 

•S 2863 IS 

1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall terminate the conditional permanent 

3 resident status of any alien who obtained such sta4 tus under this title, if the Secretary determines that 

5 the alien— 

6 (A) has violated any provision of subpara7 graph (B) or (C) of section 1804(a)(1); 

8 (B) has become a public charge; or 

9 (C) in the case of an alien who received 

10 conditional permanent resident status under 

11 section 1804(a)(1)(B), has received a dishonor12 able or other than honorable discharge from the 

13 Armed Forces of the United States. 

14 (2) RETURN TO PREVIOUS IMMIGRATION STA15 TUS.—Any alien whose permanent resident status is 

16 terminated under paragraph (1) shall return to the 

17 immigration status the alien had immediately prior 

18 to receiving conditional permanent resident status 

19 under this title. 

20 (c) REQUIREMENTS OF TIMELY PETITION FOR RE21 MOVAL OF CONDITION.— 

22 (1) IN GENERAL.—In order for the conditional 

23 basis of permanent resident status obtained by an 

24 alien under subsection (a) to be removed, the alien 

25 must file with the Secretary of Homeland Security, 
242 

•S 2863 IS 

1 in accordance with paragraph (3), a petition which 

2 requests the removal of such conditional basis and 

3 which states, under penalty of perjury, the facts and 

4 information described in subsection (d)(1). 

5 (2) ADJUDICATION OF PETITION TO REMOVE

6 CONDITION.— 

7 (A) IN GENERAL.—If a petition is filed in 

8 accordance with paragraph (1), the Secretary of 

9 Homeland Security shall make a determination 

10 as to whether the facts and information de11 scribed in subsection (d)(1) and alleged in the 

12 petition are true with respect to the eligibility 

13 of the alien. 

14 (B) REMOVAL OF CONDITIONAL BASIS IF

15 FAVORABLE DETERMINATION.—If the Secretary 

16 of Homeland Security determines that the facts 

17 and information alleged in the petition are true, 

18 the Secretary of Homeland Security shall so no19 tify the alien and shall immediately remove the 

20 conditional basis of the status of the alien. 

21 (C) TERMINATION IF ADVERSE DETER22 MINATION.—If the Secretary of Homeland Se23 curity determines that such facts and informa24 tion alleged in the petition are not true, the 

25 Secretary of Homeland Security shall so notify 
243 

•S 2863 IS 

1 the alien and shall terminate the permanent 

2 resident status of the alien as of the date of the 

3 determination. 

4 (3) TIME TO FILE PETITION.—An alien may pe5 tition to remove the conditional basis to lawful resi6 dent status during the period beginning 180 days 

7 before and ending 2 years after either the date that 

8 is 6 years after the date of the granting of condi9 tional resident status or any other expiration date of 

10 the conditional resident status as extended by the 

11 Secretary of Homeland Security in accordance with 

12 this title. The alien shall be deemed in lawful status 

13 in the United States during the period in which the 

14 petition is pending. 

15 (d) DETAILS OF PETITION.— 

16 (1) CONTENTS OF PETITION.—Each petition 

17 under subsection (c)(1) shall contain the following 

18 facts and information: 

19 (A) The alien maintained good moral char20 acter during the entire period the alien has 

21 been a conditional permanent resident. 

22 (B) The alien continues to be in compli23 ance with subparagraphs (B) and (C) of section 

24 1804(a)(1). 
244 

•S 2863 IS 

1 (C) The alien has not abandoned his or her 

2 residence in the United States. There shall be 

3 a presumption that the alien has abandoned his 

4 or her residence if the alien is absent from the 

5 United States for more that 365 days in the ag6 gregate during the period of conditional resi7 dence, unless the alien demonstrates that he or 

8 she did not in fact abandon residence in the 

9 United States. The presumption shall not apply 

10 to an alien whose absence is due to active serv11 ice in the Armed Forces of the United States. 

12 (D) The alien has completed at least 1 of 

13 the following: 

14 (i) The alien has acquired a degree 

15 from an institution of higher education in 

16 the United States or has completed at 

17 least 2 years, in good standing, in a pro18 gram for a bachelor’s degree or higher de19 gree in the United States. 

20 (ii) The alien has served in the Armed 

21 Forces of the United States for at least 2 

22 years and, if discharged, has received an 

23 honorable discharge. 

24 (E) All secondary education institutions at25 tended in the United States. 
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1 (2) HARDSHIP EXCEPTION.— 

2 (A) IN GENERAL.—The Secretary of 

3 Homeland Security may, in the Secretary’s dis4 cretion, remove the conditional status of an 

5 alien if the alien— 

6 (i) satisfies the requirements of sub7 paragraphs (A), (B), and (C) of paragraph 

8 (1); 

9 (ii) demonstrates compelling cir10 cumstances for the inability to complete 

11 the requirements described in paragraph 

12 (1)(D); and 

13 (iii) demonstrates that the alien’s re14 moval from the United States would result 

15 in exceptional and extremely unusual hard16 ship to the alien or the alien’s spouse, par17 ent, or child who is a citizen or a lawful 

18 permanent resident of the United States. 

19 (B) EXTENSION.—Upon a showing of good 

20 cause, the Secretary of Homeland Security may 

21 also extend the validity period of the conditional 

22 resident status for the purpose of completing 

23 the requirements described in paragraph 

24 (1)(D). 
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1 (e) TREATMENT OF PERIOD FOR PURPOSES OF NAT2 URALIZATION.—For purposes of title III of the Immigra3 tion and Nationality Act (8 U.S.C. 1401 et seq.), in the 

4 case of an alien who is in the United States as a lawful 

5 permanent resident on a conditional basis under this sec6 tion, the alien shall be considered to have been admitted 

7 as an alien lawfully admitted for permanent residence and 

8 to be in the United States as an alien lawfully admitted 

9 to the United States for permanent residence. However, 

10 the conditional basis must be removed before the alien 

11 may apply for naturalization. 

12 SEC. 1806. RETROACTIVE BENEFITS UNDER THIS TITLE. 

13 If, upon the date of enactment of this title, an alien 

14 has satisfied all the requirements of section 1804 and 

15 complied with section 1805(d)(1)(D), the Secretary of 

16 Homeland Security may adjust the status of the alien to 

17 that of a conditional resident in accordance with section 

18 1804. The alien may petition for removal of such condition 

19 at the end of the conditional residence period in accord20 ance with section 1805(c) if the alien has complied with 

21 subparagraphs (A), (B), and (C) of section 1805(d)(1) 

22 during the entire period of conditional residence. 

23 SEC. 1807. EXCLUSIVE JURISDICTION. 

24 (a) IN GENERAL.—The Secretary of Homeland Secu25 rity shall have exclusive jurisdiction to determine eligibility 
247 

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1 for relief under this title, except where the alien has been 

2 placed into deportation, exclusion, or removal proceedings 

3 either prior to or after filing an application for relief under 

4 this title, in which case the Attorney General shall have 

5 exclusive jurisdiction and shall assume all the powers and 

6 duties of the Secretary of Homeland Security until pro7 ceedings are terminated, or if a final order of deportation, 

8 exclusion, or removal is entered the Secretary of Home9 land Security shall resume all powers and duties delegated 

10 to the Secretary of Homeland Security under this title. 

11 (b) STAY OF REMOVAL OF CERTAIN ALIENS EN12 ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At13 torney General shall stay the removal proceedings of any 

14 alien who— 

15 (1) meets all the requirements for relief under 

16 this title, except that the alien has not yet graduated 

17 from high school; 

18 (2) is at least 12 years of age; and 

19 (3) is enrolled full-time in a primary or sec20 ondary school. 

21 (c) EMPLOYMENT.—An alien whose removal is stayed 

22 pursuant to subsection (b) may be engaged in employment 

23 in the United States, consistent with the Fair Labor 

24 Standards Act (29 U.S.C. 201 et seq.), and State and 

25 local laws governing minimum age for employment. 
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1 (d) LIFT OF STAY.—The Attorney General shall lift 

2 the stay granted pursuant to subsection (b) if the alien— 

3 (1) is no longer enrolled in a primary or sec4 ondary school; and 

5 (2) fails to maintain prima facie eligibility for 

6 relief under this title. 

7 SEC. 1808. PENALTIES FOR FALSE STATEMENTS IN APPLI8 CATION. 

9 Whoever files an application for relief under this title 

10 and willfully and knowingly falsifies, misrepresents, or 

11 conceals a material fact or makes any false or fraudulent 

12 statement or representation, or makes or uses any false 

13 writing or document knowing the same to contain any 

14 false or fraudulent statement or entry, shall be fined in 

15 accordance with title 18, United States Code, or impris16 oned not more than 5 years, or both. 

17 SEC. 1809. CONFIDENTIALITY OF INFORMATION. 

18 (a) PROHIBITION.—No officer or employee of the 

19 United States may— 

20 (1) use the information furnished by the appli21 cant pursuant to an application filed under this title 

22 to initiate removal proceedings against any persons 

23 identified in the application; 

24 (2) make any publication whereby the informa25 tion furnished by any particular individual pursuant 
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1 to an application under this title can be identified; 

2 or 

3 (3) permit anyone other than an officer or em4 ployee of the United States Government or, in the 

5 case of applications filed under this title with a des6 ignated entity, that designated entity, to examine 

7 applications filed under this title. 

8 (b) REQUIRED DISCLOSURE.—The Attorney General 

9 or the Secretary of Homeland Security shall provide the 

10 information furnished under this section, and any other 

11 information derived from such furnished information, to— 

12 (1) a duly recognized law enforcement entity in 

13 connection with an investigation or prosecution of an 

14 offense described in paragraph (2) or (3) of section 

15 212(a) of the Immigration and Nationality Act (8 

16 U.S.C. 1182(a)), when such information is requested 

17 in writing by such entity; or 

18 (2) an official coroner for purposes of affirma19 tively identifying a deceased individual (whether or 

20 not such individual is deceased as a result of a 

21 crime). 

22 (c) PENALTY.—Whoever knowingly uses, publishes, 

23 or permits information to be examined in violation of this 

24 section shall be fined not more than $10,000. 
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1 SEC. 1810. EXPEDITED PROCESSING OF APPLICATIONS; 

2 PROHIBITION ON FEES. 

3 Regulations promulgated under this title shall pro4 vide that applications under this title will be considered 

5 on an expedited basis and without a requirement for the 

6 payment by the applicant of any additional fee for such 

7 expedited processing. 

8 SEC. 1811. SEVIS REGISTRATION. 

9 An institution of higher education that enrolls any 

10 alien who is a beneficiary under this title shall register 

11 the alien in the Student and Exchange Visitor Information 

12 System (SEVIS). 

13 SEC. 1812. HIGHER EDUCATION ASSISTANCE. 

14 Notwithstanding any provision of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 

16 to assistance provided under title IV of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 

18 adjusts status to that of a lawful permanent resident 

19 under this title shall be eligible only for the following as20 sistance under such title: 

21 (1) Student loans under parts B, D, and E of 

22 such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 

23 1087aa et seq.), subject to the requirements of such 

24 parts. 
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1 (2) Federal work-study programs under part C 

2 of such title IV (42 U.S.C. 2751 et seq.), subject to 

3 the requirements of such part. 

4 (3) Services under such title IV (20 U.S.C. 

5 1070 et seq.), subject to the requirements for such 

6 services. 

7 SEC. 1813. GAO REPORT. 

8 Seven years after the date of enactment of this title, 

9 the Comptroller General of the United States shall submit 

10 a report to the Committees on the Judiciary of the Senate 

11 and the House of Representatives setting forth— 

12 (1) the number of aliens who were eligible for 

13 cancellation of removal and adjustment of status 

14 during the application period described in section 

15 1804(a)(1)(A); 

16 (2) the number of aliens who applied for adjust17 ment of status under section 1804(a); 

18 (3) the number of aliens who were granted ad19 justment of status under section 1804(a); and 

20 (4) the number of aliens with respect to whom 

21 the conditional basis of their status was removed 

22 under section 1805. 
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1 TITLE XIX—DRU’S LAW 

2 SEC. 1901. SHORT TITLE. 

3 This title may be cited as the ‘‘Dru Sjodin National 

4 Sex Offender Public Database Act of 2004’’ or ‘‘Dru’s 

5 Law’’. 

6 SEC. 1902. DEFINITION. 

7 In this title: 

8 (1) CRIMINAL OFFENSE AGAINST A VICTIM WHO

9 IS A MINOR.—The term ‘‘criminal offense against a 

10 victim who is a minor’’ has the same meaning as in 

11 section 170101(a)(3) of the Jacob Wetterling 

12 Crimes Against Children and Sexually Violent Of13 fender Registration Act (42 U.S.C. 14071(a)(3)). 

14 (2) MINIMALLY SUFFICIENT SEXUAL OF15 FENDER REGISTRATION PROGRAM.—The term 

16 ‘‘minimally sufficient sexual offender registration 

17 program’’ has the same meaning as in section 

18 170102(a) of the Jacob Wetterling Crimes Against 

19 Children and Sexually Violent Offender Registration 

20 Act (42 U.S.C. 14072(a)). 

21 (3) SEXUALLY VIOLENT OFFENSE.—The term 

22 ‘‘sexually violent offense’’ has the same meaning as 

23 in section 170101(a)(3) of the Jacob Wetterling 

24 Crimes Against Children and Sexually Violent Of25 fender Registration Act (42 U.S.C. 14071(a)(3)). 
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1 (4) SEXUALLY VIOLENT PREDATOR.—The term 

2 ‘‘sexually violent predator’’ has the same meaning as 

3 in section 170102(a) of the Jacob Wetterling Crimes 

4 Against Children and Sexually Violent Offender 

5 Registration Act (42 U.S.C. 14072(a)). 

6 SEC. 1903. AVAILABILITY OF THE NSOR DATABASE TO THE 

7 PUBLIC. 

8 (a) IN GENERAL.—The Attorney General shall— 

9 (1) make publicly available in a registry (in this 

10 title referred to as the ‘‘public registry’’) from infor11 mation contained in the the National Sex Offender 

12 Registry, via the Internet, all information described 

13 in subsection (b); and 

14 (2) allow for users of the public registry to de15 termine which registered sex offenders are currently 

16 residing within a radius, as specified by the user of 

17 the public registry, of the location indicated by the 

18 user of the public registry. 

19 (b) INFORMATION AVAILABLE IN PUBLIC REG20 ISTRY.—With respect to any person convicted of a crimi21 nal offense against a victim who is a minor or a sexually 

22 violent offense, or any sexually violent predator, required 

23 to register with a minimally sufficient sexual offender reg24 istration program within a State, including a program es25 tablished under section 170101 of the Jacob Wetterling 
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1 Crimes Against Children and Sexually Violent Offender 

2 Registration Act (42 U.S.C. 14017(b)), the public registry 

3 shall provide, to the extent available in the National Sex 

4 Offender Registry— 

5 (1) the name and any known aliases of the per6 son; 

7 (2) the date of birth of the person; 

8 (3) the current address of the person and any 

9 subsequent changes of that address; 

10 (4) a physical description and current photo11 graph of the person; 

12 (5) the nature of and date of commission of the 

13 offense by the person; 

14 (6) the date on which the person is released 

15 from prison, or placed on parole, supervised release, 

16 or probation; and 

17 (7) any other information the Attorney General 

18 considers appropriate. 

19 SEC. 1904. RELEASE OF HIGH RISK INMATES. 

20 (a) CIVIL COMMITMENT PROCEEDINGS.— 

21 (1) IN GENERAL.—Any State that provides for 

22 a civil commitment proceeding, or any equivalent 

23 proceeding, shall issue timely notice to the attorney 

24 general of that State of the impending release of any 

25 person incarcerated by the State who— 
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1 (A) is a sexually violent predator; or 

2 (B) has been deemed by the State to be at 

3 high-risk for recommitting any sexually violent 

4 offense or criminal offense against a victim who 

5 is a minor. 

6 (2) REVIEW.—Upon receiving notice under 

7 paragraph (1), the State attorney general shall con8 sider whether or not to institute a civil commitment 

9 proceeding, or any equivalent proceeding required 

10 under State law. 

11 (b) MONITORING OF RELEASED PERSONS.— 

12 (1) IN GENERAL.—Each State shall intensively 

13 monitor, for not less than 1 year, any person de14 scribed under paragraph (2) who— 

15 (A) has been unconditionally released from 

16 incarceration by the State; and 

17 (B) has not been civilly committed pursu18 ant to a civil commitment proceeding, or any 

19 equivalent proceeding under State law. 

20 (2) APPLICABILITY.—Paragraph (1) shall apply 

21 to— 

22 (A) any sexually violent predator; or 

23 (B) any person who has been deemed by 

24 the State to be at high-risk for recommitting 
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1 any sexually violent offense or criminal offense 

2 against a victim who is a minor. 

3 (c) COMPLIANCE.— 

4 (1) COMPLIANCE DATE.—Each State shall have 

5 not more than 3 years from the date of enactment 

6 of this Act in which to implement the requirements 

7 of this section. 

8 (2) INELIGIBILITY FOR FUNDS.—A State that 

9 fails to implement the requirements of this section, 

10 shall not receive 25 percent of the funds that would 

11 otherwise be allocated to the State under section 

12 20106(b) of the Violent Crime Control and Law En13 forcement Act of 1994 (42 U.S.C. 13706(b)). 

14 (3) REALLOCATION OF FUNDS.—Any funds 

15 that are not allocated for failure to comply with this 

16 section shall be reallocated to States that comply 

17 with this section. 

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