[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2863 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Department of 
Justice Appropriations Authorization Act, Fiscal Years 2005 through 
2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
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

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.
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.
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.
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 
                            long-term 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.

TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2005 AND 2006

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2005.

    There are authorized to be appropriated for fiscal year 2005, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $186,551,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $202,518,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $71,400,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $657,135,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (C) such sums as may be necessary for 
                administrative expenses in accordance with the 
                Radiation Exposure Compensation Act.
            (5) Antitrust division.--For the Antitrust Division: 
        $136,463,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,547,519,000, which shall include not less than $10,000,000 
        for the investigation and prosecution of intellectual property 
        crimes, including software counterfeiting crimes, crimes 
        identified in the No Electronic Theft (NET) Act (Public Law 
        105-147), and violations of law, against unsolicited commercial 
        e-mail: Provided, That such amounts in the appropriations 
        account ``General Legal Services'' as may be expended for such 
        investigations or prosecutions shall count toward this minimum 
        as though expended from this appropriations account.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $5,058,921,000, which shall include--
                    (A) not to exceed $1,250,000 for construction, to 
                remain available until expended;
                    (B) not to exceed $70,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (C) such sums as may be necessary to assign 
                employees to the Terrorism Threat Integration Center.
            (8) United states marshals service.--For the United States 
        Marshals Service: $743,441,000, which shall include not to 
        exceed $1,371,000 for construction, to remain available until 
        expended.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $4,706,232,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,661,503,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms, and 
        explosives.--For the Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives: $868,857,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $177,585,000 to remain available until expended, 
        which shall include not to exceed $6,000,000 for construction 
        of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $580,632,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,220,000.
            (15) Community relations service.--For the Community 
        Relations Service: $9,833,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $21,759,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $10,650,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $938,810,000.
            (19) Joint automated booking system.--For the necessary 
        expenses of the Joint Automated Booking System: $20,309,000.
            (20) Integrated automated fingerprint.--For the expenses 
        necessary for Integrated Automated Fingerprint activities: 
        $5,054,000.
            (21) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $101,971,000.
            (22) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services, the following sums:
                    (A) $106,016,000 for the Office of Justice 
                Programs.
                    (B) $13,622,000 for the Office on Violence Against 
                Women.
                    (C) $29,684,000 for the Office of Community 
                Oriented Policing Services.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2006.

    There are authorized to be appropriated for fiscal year 2006, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $190,282,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $206,568,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $72,828,260, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $670,278,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (C) such sums as may be necessary for 
                administrative expenses in accordance with the 
                Radiation Exposure Compensation Act.
            (5) Antitrust division.--For the Antitrust Division: 
        $139,192,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,578,469,000, which shall include not less than $10,000,000 
        for the investigation and prosecution of intellectual property 
        crimes, including software counterfeiting crimes, crimes 
        identified in the No Electronic Theft (NET) Act (Public Law 
        105-147), and violations of law, against unsolicited commercial 
        e-mail: Provided, That such amounts in the appropriations 
        account ``General Legal Services'' as may be expended for such 
        investigations or prosecutions shall count toward this minimum 
        as though expended from this appropriations account.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $5,160,099,000, which shall include--
                    (A) not to exceed $1,250,000 for construction, to 
                remain available until expended;
                    (B) not to exceed $70,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (C) such sums as may be necessary to assign 
                employees to the Terrorism Threat Integration Center.
            (8) United states marshals service.--For the United States 
        Marshals Service: $758,310,000, which shall include not to 
        exceed $1,371,000 for construction, to remain available until 
        expended.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $4,800,357,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,694,733,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms, and 
        explosives.--For the Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives: $886,234,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $181,137,000 to remain available until expended, 
        which shall include not to exceed $6,000,000 for construction 
        of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $592,245,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,244,000.
            (15) Community relations service.--For the Community 
        Relations Service: $10,030,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,194,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $10,863,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $957,586,000.
            (19) Joint automated booking system.--For the necessary 
        expenses of the Joint Automated Booking System: $20,715,000.
            (20) Integrated automated fingerprint.--For the expenses 
        necessary for Integrated Automated Fingerprint activities: 
        $5,155,000.
            (21) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $104,010,000.
            (22) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services, the following sums:
                    (A) $118,730,000 for the Office of Justice 
                Programs.
                    (B) $13,894,000 for the Office on Violence Against 
                Women.
                    (C) $30,278,000 for the Office of Community 
                Oriented Policing Services.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2007.

    There are authorized to be appropriated for fiscal year 2007, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $194,087,640.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $210,699,340 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $66,391,045, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $683,683,560, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (C) such sums as may be necessary for 
                administrative expenses in accordance with the 
                Radiation Exposure Compensation Act.
            (5) Antitrust division.--For the Antitrust Division: 
        $141,975,840.
            (6) United states attorneys.--For United States Attorneys: 
        $1,610,038,300, which shall include not less than $10,000,000 
        for the investigation and prosecution of intellectual property 
        crimes, including software counterfeiting crimes, crimes 
        identified in the No Electronic Theft (NET) Act (Public Law 
        105-147), and violations of laws prohibiting unsolicited 
        commercial e-mail: Provided, That such amounts in the 
        appropriations account ``General Legal Services'' as may be 
        expended for such investigations or prosecutions shall count 
        toward this minimum as though expended from this appropriations 
        account.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $5,263,300,900, which shall include--
                    (A) not to exceed $1,250,000 for construction, to 
                remain available until expended;
                    (B) not to exceed $70,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (C) such sums as may be necessary to assign 
                employees to the Terrorism Threat Integration Center.
            (8) United states marshals service.--For the United States 
        Marshals Service: $773,476,200, which shall include not to 
        exceed $1,371,000 for construction, to remain available until 
        expended.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $4,896,364,100.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $2,033,679,600, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms, and 
        explosives.--For the Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives: $903,958,680.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $184,759,740 to remain available until expended, 
        which shall include not to exceed $6,000,000 for construction 
        of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $604,089,900, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,268,880.
            (15) Community relations service.--For the Community 
        Relations Service: $10,230,600.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,637,880 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $11,080,260.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $976,737,720.
            (19) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $106,090,200.
            (20) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services, the following sums:
                    (A) $121,105,000 for the Office of Justice 
                Programs.
                    (B) $14,172,000 for the Office on Violence Against 
                Women.
                    (C) $31,343,000 for the Office of Community 
                Oriented Policing Services.

     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.

    (a) In General.--Part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended as follows:
            (1) Subpart 1 of such part (42 U.S.C. 3751-3759) is 
        repealed.
            (2) Such part is further amended--
                    (A) by inserting before section 500 (42 U.S.C. 
                3750) the following new heading:

 ``Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program'';

                    (B) by amending section 500 to read as follows:

``SEC. 500. NAME OF PROGRAM.

    ``(a) In General.--The grant program established under this subpart 
shall be known as the `Edward Byrne Memorial Justice Assistance Grant 
Program'.
    ``(b) References to Former Programs.--Any reference in a law, 
regulation, document, paper, or other record of the United States to 
the Edward Byrne Memorial State and Local Law Enforcement Assistance 
Programs, or to the Local Government Law Enforcement Block Grants 
program, shall be deemed to be a reference to the grant program 
referred to in subsection (a).''; and
                    (C) by inserting after section 500 the following 
                new sections:

``SEC. 501. DESCRIPTION.

    ``(a) Grants Authorized.--From amounts made available to carry out 
this subpart, the Attorney General may, in accordance with the formula 
established under section 505, make grants to States and units of local 
government, for use by the State or unit of local government to provide 
additional personnel, equipment, supplies, contractual support, 
training, technical assistance, and information systems for criminal 
justice, including for--
            ``(1) demand reduction education programs in which law 
        enforcement officers participate;
            ``(2) multijurisdictional task force programs that 
        integrate Federal, State, and local drug law enforcement 
        agencies and prosecutors for the purpose of enhancing 
        interagency coordination, intelligence, and facilitating 
        multijurisdictional investigations;
            ``(3) programs designed to target the domestic sources of 
        controlled and illegal substances, such as precursor chemicals, 
        diverted pharmaceuticals, clandestine laboratories, and 
        cannabis cultivations and to remove any hazardous substance or 
        pollutant or contaminant associated with the illegal 
        manufacture of amphetamine or methamphetamine;
            ``(4) providing community and neighborhood programs that 
        assist citizens in preventing and controlling crime, including 
        special programs that address the problems of crimes committed 
        against the elderly and special programs for rural 
        jurisdictions;
            ``(5) disrupting illicit commerce in stolen goods and 
        property;
            ``(6) improving the investigation and prosecution of white-
        collar crime, organized crime, public corruption crimes, and 
        fraud against the government with priority attention to cases 
        involving drug-related official corruption;
            ``(7)(A) improving the operational effectiveness of law 
        enforcement through the use of crime analysis techniques, 
        street sales enforcement, schoolyard violator programs, gang-
        related and low-income housing drug control programs;
            ``(B) developing and implementing antiterrorism plans for 
        deep draft ports, international airports, and other important 
        facilities;
            ``(8) career criminal prosecution programs including the 
        development of proposed model drug control legislation;
            ``(9) financial investigative programs that target the 
        identification of money laundering operations and assets 
        obtained through illegal drug trafficking, including the 
        development of proposed model legislation, financial 
        investigative training, and financial information sharing 
        systems;
            ``(10) improving the operational effectiveness of the court 
        process, by expanding prosecutorial, defender and judicial 
        resources, and implementing court delay reduction programs;
            ``(11) programs designed to provide additional public 
        correctional resources and improve the corrections system, 
        including treatment in prisons and jails, intensive supervision 
        programs, and long-range corrections and sentencing strategies;
            ``(12) providing prison industry projects designed to place 
        inmates in a realistic working and training environment which 
        will enable them to acquire marketable skills and to make 
        financial payments for restitution to their victims, for 
        support of their own families, and for support of themselves in 
        the institution;
            ``(13) providing programs which identify and meet the 
        treatment needs of adult and juvenile drug-dependent and 
        alcohol-dependent offenders;
            ``(14) developing and implementing programs which provide 
        assistance to jurors and witnesses, and assistance (other than 
        compensation) to victims of crimes;
            ``(15)(A) developing programs to improve drug control 
        technology, such as pretrial drug testing programs, programs 
        which provide for the identification, assessment, referral to 
        treatment, case management and monitoring of drug dependent 
        offenders, enhancement of State and local forensic 
        laboratories, and
            ``(B) criminal and justice information systems to assist 
        law enforcement, prosecution, courts, and corrections 
        organization (including automated fingerprint identification 
        systems);
            ``(16) innovative programs that demonstrate new and 
        different approaches to enforcement, prosecution, and 
        adjudication of drug offenses and other serious crimes;
            ``(17) addressing the problems of drug trafficking and the 
        illegal manufacture of controlled substances in public housing.
            ``(18) improving the criminal and juvenile justice system's 
        response to domestic and family violence, including spouse 
        abuse, child abuse, and abuse of the elderly;
            ``(19) drug control evaluation programs which the State and 
        local units of government may utilize to evaluate programs and 
        projects directed at State drug control activities;
            ``(20) providing alternatives to prevent detention, jail, 
        and prison for persons who pose no danger to the community;
            ``(21) programs of which the primary goal is to strengthen 
        urban enforcement and prosecution efforts targeted at street 
        drug sales;
            ``(22) programs for the prosecution of driving while 
        intoxicated charges and the enforcement of other laws relating 
        to alcohol use and the operation of motor vehicles;
            ``(23) programs that address the need for effective 
        bindover systems for the prosecution of violent 16- and 17-
        year-old juveniles in courts with jurisdiction over adults for 
        the crimes of--
                    ``(A) murder in the first degree;
                    ``(B) murder in the second degree;
                    ``(C) attempted murder;
                    ``(D) armed robbery when armed with a firearm;
                    ``(E) aggravated battery or assault when armed with 
                a firearm;
                    ``(F) criminal sexual penetration when armed with a 
                firearm; and
                    ``(G) drive-by shootings as described in section 36 
                of title 18, United States Code;
            ``(24) law enforcement and prevention programs relating to 
        gangs, or to youth who are involved or at risk of involvement 
        in gangs;
            ``(25) developing or improving in a forensic laboratory a 
        capability to analyze deoxyribonucleic acid (hereafter in this 
        title referred to as `DNA') for identification purposes;
            ``(26) to develop and implement antiterrorism training 
        programs and to procure equipment for use by local law 
        enforcement authorities;
            ``(27) enforcing child abuse and neglect laws, including 
        laws protecting against child sexual abuse, and promoting 
        programs designed to prevent child abuse and neglect;
            ``(28) establishing or supporting cooperative programs 
        between law enforcement and media organizations, to collect, 
        record, retain, and disseminate information useful in the 
        identification and apprehension of suspected criminal 
        offenders;
            ``(29) improving the quality, timeliness, and credibility 
        of forensic science services for criminal justice purposes;
            ``(30)(A) hiring, training, and employing on a continuing 
        basis new, additional law enforcement officers and necessary 
        support personnel;
            ``(B) paying overtime to presently employed law enforcement 
        officers and necessary support personnel for the purpose of 
        increasing the number of hours worked by such personnel; and
            ``(C) procuring equipment, technology, and other material 
        directly related to basic law enforcement functions;
            ``(31) enhancing school security measures by--
                    ``(A) providing increased law enforcement patrols 
                in and around schools, whether through the hiring of 
                additional law enforcement officers or paying overtime 
                to presently employed officers;
                    ``(B) purchasing law enforcement equipment 
                necessary to carry out normal law enforcement functions 
                in and around schools;
                    ``(C) equipping schools with metal detectors, 
                fences, closed circuit cameras, and other physical 
                safety measures;
                    ``(D) gun hotlines designed to facilitate the 
                reporting of weapons possession by students and other 
                individuals in and around schools; and
                    ``(E) preventing and suppressing violent youth gang 
                activity;
            ``(32) establishing crime prevention programs that may, 
        though not exclusively, involve law enforcement officials and 
        that are intended to discourage, disrupt, or interfere with the 
        commission of criminal activity, including neighborhood watch 
        and citizen patrol programs, sexual assault and domestic 
        violence programs, and programs intended to prevent juvenile 
        crime;
            ``(33) establishing or supporting drug courts;
            ``(34) establishing early intervention and prevention 
        programs for juveniles to reduce or eliminate crime; and
            ``(35) Enhancing the adjudication process of cases 
        involving violent offenders, including the adjudication process 
        of cases involving violent juvenile offenders.
    ``(b) Contracts and Subawards.--A State or unit of local government 
may, in using a grant under this subpart for purposes authorized by 
subsection (a), use all or a portion of that grant to contract with or 
make one or more subawards to one or more--
            ``(1) neighborhood or community-based organizations that 
        are private and nonprofit;
            ``(2) units of local government; or
            ``(3) tribal governments.
    ``(c) Program Assessment Component; Waiver.--
            ``(1) Each program funded under this subpart shall contain 
        a program assessment component, developed pursuant to 
        guidelines established by the Attorney General, in coordination 
        with the National Institute of Justice.
            ``(2) The Attorney General may waive the requirement of 
        paragraph (1) with respect to a program if, in the opinion of 
        the Attorney General, the program is not of sufficient size to 
        justify a full program assessment.
    ``(d) Prohibited Uses.--Notwithstanding any other provision of this 
Act, no funds provided under this subpart may be used, directly or 
indirectly, to provide any of the following matters:
            ``(1) Any security enhancements or any equipment to any 
        nongovernmental entity that is not engaged in criminal justice 
        or public safety.
            ``(2) Unless the Attorney General certifies that 
        extraordinary and exigent circumstances exist that make the use 
        of such funds to provide such matters essential to the 
        maintenance of public safety and good order--
                    ``(A) vehicles, vessels, or aircraft;
                    ``(B) luxury items;
                    ``(C) real estate;
                    ``(D) construction projects (other than penal or 
                correctional institutions); or
                    ``(E) any similar matters.
    ``(e) Administrative Costs.--Not more than 10 percent of a grant 
made under this subpart may be used for costs incurred to administer 
such grant.
    ``(f) Period.--The period of a grant made under this subpart shall 
be four years, except that renewals and extensions beyond that period 
may be granted at the discretion of the Attorney General.
    ``(g) Rule of Construction.--Subparagraph (d)(1) shall not be 
construed to prohibit the use, directly or indirectly, of funds 
provided under this subpart to provide security at a public event, such 
as a political convention or major sports event, so long as such 
security is provided under applicable laws and procedures.

``SEC. 502. APPLICATIONS.

    ``To request a grant under this subpart, the chief executive 
officer of a State or unit of local government shall submit an 
application to the Attorney General within 90 days after the date on 
which funds to carry out this subpart are appropriated for a fiscal 
year, in such form as the Attorney General may require. Such 
application shall include the following:
            ``(1) A certification that Federal funds made available 
        under this subpart will not be used to supplant State or local 
        funds, but will be used to increase the amounts of such funds 
        that would, in the absence of Federal funds, be made available 
        for law enforcement activities.
            ``(2) An assurance that, not fewer than 30 days before the 
        application (or any amendment to the application) was submitted 
        to the Attorney General, the application (or amendment) was 
        submitted for review to the governing body of the State or unit 
        of local government (or to an organization designated by that 
governing body).
            ``(3) An assurance that, before the application (or any 
        amendment to the application) was submitted to the Attorney 
        General--
                    ``(A) the application (or amendment) was made 
                public; and
                    ``(B) an opportunity to comment on the application 
                (or amendment) was provided to citizens and to 
                neighborhood or community-based organizations, to the 
                extent applicable law or established procedure makes 
                such an opportunity available.
            ``(4) An assurance that, for each fiscal year covered by an 
        application, the applicant shall maintain and report such data, 
        records, and information (programmatic and financial) as the 
        Attorney General may reasonably require.
            ``(5) A certification, made in a form acceptable to the 
        Attorney General and executed by the chief executive officer of 
        the applicant (or by another officer of the applicant, if 
        qualified under regulations promulgated by the Attorney 
        General), that--
                    ``(A) the programs to be funded by the grant meet 
                all the requirements of this subpart;
                    ``(B) all the information contained in the 
                application is correct;
                    ``(C) there has been appropriate coordination with 
                affected agencies; and
                    ``(D) the applicant will comply with all provisions 
                of this subpart and all other applicable Federal laws.

``SEC. 503. REVIEW OF APPLICATIONS.

    ``The Attorney General shall not finally disapprove any application 
(or any amendment to that application) submitted under this subpart 
without first affording the applicant reasonable notice of any 
deficiencies in the application and opportunity for correction and 
reconsideration.

``SEC. 504. RULES.

    ``The Attorney General shall issue rules to carry out this subpart. 
The first such rules shall be issued not later than one year after the 
date on which amounts are first made available to carry out this 
subpart.

``SEC. 505. FORMULA.

    ``(a) Allocation Among States.--
            ``(1) In general.--Of the total amount appropriated for 
        this subpart, the Attorney General shall, except as provided in 
        paragraph (2), allocate--
                    ``(A) 50 percent of such remaining amount to each 
                State in amounts that bear the same ratio of--
                            ``(i) the total population of a State to--
                            ``(ii) the total population of the United 
                        States; and
                    ``(B) 50 percent of such remaining amount to each 
                State in amounts that bear the same ratio of--
                            ``(i) the average annual number of part 1 
                        violent crimes of the Uniform Crime Reports of 
                        the Federal Bureau of Investigation reported by 
                        such State for the three most recent years 
                        reported by such State to--
                            ``(ii) the average annual number of such 
                        crimes reported by all States for such years.
            ``(2) Minimum allocation.--If carrying out paragraph (1) 
        would result in any State receiving an allocation less than 
        0.25 percent of the total amount (in this paragraph referred to 
        as a `minimum allocation State'), then paragraph (1), as so 
        carried out, shall not apply, and the Attorney General shall 
        instead--
                    ``(A) allocate 0.25 percent of the total amount to 
                each State; and
                    ``(B) using the amount remaining after carrying out 
                subparagraph (A), carry out paragraph (1) in a manner 
                that excludes each minimum allocation State, including 
                the population of and the crimes reported by such 
                State.
    ``(b) Allocation Between States and Units of Local Government.--Of 
the amounts allocated under subsection (a)--
            ``(1) 60 percent shall be for direct grants to States, to 
        be allocated under subsection (c); and
            ``(2) 40 percent shall be for grants to be allocated under 
        subsection (d).
    ``(c) Allocation for State Governments.--
            ``(1) In general.--Of the amounts allocated under 
        subsection (b)(1), each State may retain for the purposes 
        described in section 501 an amount that bears the same ratio 
        of--
                    ``(A) total expenditures on criminal justice by the 
                State government in the most recently completed fiscal 
                year to--
                    ``(B) the total expenditure on criminal justice by 
                the State government and units of local government 
                within the State in such year.
            ``(2) Remaining amounts.--Except as provided in subsection 
        (e)(1), any amounts remaining after the allocation required by 
        paragraph (1) shall be made available to units of local 
        government by the State for the purposes described in section 
        501.
    ``(d) Allocations to Local Governments.--
            ``(1) In general.--Of the amounts allocated under 
        subsection (b)(2), grants for the purposes described in section 
        501 shall be made directly to units of local government within 
        each State in accordance with this subsection, subject to 
        subsection (e).
            ``(2) Allocation.--
                    ``(A) In general.--From the amounts referred to in 
                paragraph (1) with respect to a State (in this 
                subsection referred to as the `local amount'), the 
                Attorney General shall allocate to each unit of local 
                government an amount which bears the same ratio to such 
                share as the average annual number of part 1 violent 
                crimes reported by such unit to the Federal Bureau of 
                Investigation for the 3 most recent calendar years for 
                which such data is available bears to the number of 
                part 1 violent crimes reported by all units of local 
                government in the State in which the unit is located to 
                the Federal Bureau of Investigation for such years.
                    ``(B) Transitional rule.--Notwithstanding 
                subparagraph (A), for fiscal years 2005, 2006, and 
                2007, the Attorney General shall allocate the local 
                amount to units of local government in the same manner 
                that, under the Local Government Law Enforcement Block 
                Grants program in effect immediately before the date of 
                enactment of this section, the reserved amount was 
                allocated among reporting and nonreporting units of 
                local government.
            ``(3) Annexed units.--If a unit of local government in the 
        State has been annexed since the date of the collection of the 
        data used by the Attorney General in making allocations 
        pursuant to this section, the Attorney General shall pay the 
        amount that would have been allocated to such unit of local 
        government to the unit of local government that annexed it.
            ``(4) Resolution of disparate allocations.--(A) 
        Notwithstanding any other provision of this subpart, if--
                    ``(i) the Attorney General certifies that a unit of 
                local government bears more than 50 percent of the 
                costs of prosecution or incarceration that arise with 
                respect to part 1 violent crimes reported by a 
                specified geographically constituent unit of local 
                government; and
                    ``(ii) but for this paragraph, the amount of funds 
                allocated under this section to--
                            ``(I) any one such specified geographically 
                        constituent unit of local government exceeds 
                        150 percent of the amount allocated to the unit 
                        of local government certified pursuant to 
                        clause (i); or
                            ``(II) more than one such specified 
                        geographically constituent unit of local 
                        government exceeds 400 percent of the amount 
                        allocated to the unit of local government 
                        certified pursuant to clause (i),
        then in order to qualify for payment under this subsection, the 
        unit of local government certified pursuant to clause (i), 
        together with any such specified geographically constituent 
        units of local government described in clause (ii), shall 
        submit to the Attorney General a joint application for the 
        aggregate of funds allocated to such units of local government. 
        Such application shall specify the amount of such funds that 
        are to be distributed to each of the units of local government 
        and the purposes for which such funds are to be used. The units 
        of local government involved may establish a joint local 
        advisory board for the purposes of carrying out this paragraph.
            ``(B) In this paragraph, the term `geographically 
        constituent unit of local government' means a unit of local 
        government that has jurisdiction over areas located within the 
        boundaries of an area over which a unit of local government 
        certified pursuant to clause (i) has jurisdiction.
    ``(e) Limitation on Allocations to Units of Local Government.--
            ``(1) Maximum allocation.--No unit of local government 
        shall receive a total allocation under this section that 
        exceeds such unit's total expenditures on criminal justice 
        services for the most recently completed fiscal year for which 
        data are available. Any amount in excess of such total 
        expenditures shall be allocated proportionally among units of 
        local government whose allocations under this section do not 
        exceed their total expenditures on such services.
            ``(2) Allocations under $10,000.--If the allocation under 
        this section to a unit of local government is less than $10,000 
        for any fiscal year, the direct grant to the State under 
        subsection (c) shall be increased by the amount of such 
        allocation, to be distributed (for the purposes described in 
        section 501) among State police departments that provide 
        criminal justice services to units of local government and 
        units of local government whose allocation under this section 
        is less than $10,000.
            ``(3) Non-reporting units.--No allocation under this 
        section shall be made to a unit of local government that has 
        not reported at least three years of data on part 1 violent 
        crimes of the Uniform Crime Reports to the Federal Bureau of 
        Investigation within the immediately preceding 10 years.
    ``(f) Funds Not Used by the State.--If the Attorney General 
determines, on the basis of information available during any grant 
period, that any allocation (or portion thereof) under this section to 
a State for such grant period will not be required, or that a State 
will be unable to qualify or receive funds under this subpart, or that 
a State chooses not to participate in the program established under 
this subpart, then such State's allocation (or portion thereof) shall 
be awarded by the Attorney General to units of local government, or 
combinations thereof, within such State, giving priority to those 
jurisdictions with the highest annual number of part 1 violent crimes 
of the Uniform Crime Reports reported by the unit of local government 
to the Federal Bureau of Investigation for the three most recent 
calendar years for which such data are available.
    ``(g) Special Rules for Puerto Rico.--
            ``(1) All funds set aside for commonwealth government.--
        Notwithstanding any other provision of this subpart, the 
        amounts allocated under subsection (a) to Puerto Rico, 100 
        percent shall be for direct grants to the Commonwealth 
        government of Puerto Rico.
            ``(2) No local allocations.--Subsections (c) and (d) shall 
        not apply to Puerto Rico.
    ``(h) Units of Local Government in Louisiana.--In carrying out this 
section with respect to the State of Louisiana, the term `unit of local 
government' means a district attorney or a parish sheriff.

``SEC. 506. RESERVED FUNDS.

    ``Of the total amount made available to carry out this subpart for 
a fiscal year, the Attorney General shall reserve not more than--
            ``(1) $20,000,000, for use by the National Institute of 
        Justice in assisting units of local government to identify, 
        select, develop, modernize, and purchase new technologies for 
        use by law enforcement, of which $1,000,000 shall be for use by 
        the Bureau of Justice Statistics to collect data necessary for 
        carrying out this subpart; and
            ``(2) $20,000,000, to be granted by the Attorney General to 
        States and units of local government to develop and implement 
        antiterrorism training programs.

``SEC. 507. INTEREST-BEARING TRUST FUNDS.

    ``(a) Trust Fund Required.--A State or unit of local government 
shall establish a trust fund in which to deposit amounts received under 
this subpart.
    ``(b) Expenditures.--
            ``(1) In general.--Each amount received under this subpart 
        (including interest on such amount) shall be expended before 
        the date on which the grant period expires.
            ``(2) Repayment.--A State or unit of local government that 
        fails to expend an entire amount (including interest on such 
        amount) as required by paragraph (1) shall repay the unexpended 
        portion to the Attorney General not later than 3 months after 
        the date on which the grant period expires.
            ``(3) Reduction of future amounts.--If a State or unit of 
        local government fails to comply with paragraphs (1) and (2), 
the Attorney General shall reduce amounts to be provided to that State 
or unit of local government accordingly.
    ``(c) Repaid Amounts.--Amounts received as repayments under this 
section shall be subject to section 108 of this title as if such 
amounts had not been granted and repaid. Such amounts shall be 
deposited in the Treasury in a dedicated fund for use by the Attorney 
General to carry out this subpart. Such funds are hereby made available 
to carry out this subpart.

``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subpart 
$1,075,000,000 for fiscal year 2005 and such sums as may be necessary 
for each of fiscal years 2006 through 2008.''.
    (b) Repeals of Certain Authorities Relating to Byrne Grants.--
            (1) Discretionary grants to public and private entities.--
        Chapter A of subpart 2 of part E of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760-
        3762) is repealed.
            (2) Targeted grants to curb motor vehicle theft.--Subtitle 
        B of title I of the Anti Car Theft Act of 1992 (42 U.S.C. 
        3750a-3750d) is repealed.
    (c) Conforming Amendments.--
            (1) Crime identification technology act.--Subsection 
        (c)(2)(G) of section 102 of the Crime Identification Technology 
        Act of 1998 (42 U.S.C. 14601) is amended by striking ``such 
        as'' and all that follows through ``the M.O.R.E. program'' and 
        inserting ``such as the Edward Byrne Justice Assistance Grant 
        Program and the M.O.R.E. program''.
            (2) Safe streets act.--Title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 is amended--
                    (A) in section 517 (42 U.S.C. 3763), in subsection 
                (a)(1), by striking ``pursuant to section 511 or 515'' 
                and inserting ``pursuant to section 515'';
                    (B) in section 520 (42 U.S.C. 3766)--
                            (i) in subsection (a)(1), by striking ``the 
                        program evaluations as required by section 
                        501(c) of this part'' and inserting ``program 
                        evaluations'';
                            (ii) in subsection (a)(2), by striking 
                        ``evaluations of programs funded under section 
                        506 (formula grants) and sections 511 and 515 
                        (discretionary grants) of this part'' and 
                        inserting ``evaluations of programs funded 
                        under section 505 (formula grants) and section 
                        515 (discretionary grants) of this part''; and
                            (iii) in subsection (b)(2), by striking 
                        ``programs funded under section 506 (formula 
                        grants) and section 511 (discretionary 
                        grants)'' and inserting ``programs funded under 
                        section 505 (formula grants)'';
                    (C) in section 522 (42 U.S.C. 3766b)--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``section 
                        506'' and inserting ``section 505''; and
                            (ii) in subsection (a)(1), by striking ``an 
                        assessment of the impact of such activities on 
                        meeting the needs identified in the State 
                        strategy submitted under section 503'' and 
                        inserting ``an assessment of the impact of such 
                        activities on meeting the purposes of subpart 
                        1'';
                    (D) in section 801(b) (42 U.S.C. 3782(b)), in the 
                matter following paragraph (5)--
                            (i) by striking ``the purposes of section 
                        501 of this title'' and inserting ``the 
                        purposes of such subpart 1''; and
                            (ii) by striking ``the application 
                        submitted pursuant to section 503 of this 
                        title'' and inserting ``the application 
                        submitted pursuant to section 502 of this 
                        title'';
                    (E) in section 808 (42 U.S.C. 3789), by striking 
                ``the State office described in section 507 or 1408'' 
                and inserting ``the State office responsible for the 
                trust fund required by section 507, or the State office 
                described in section 1408,'';
                    (F) in section 901 (42 U.S.C. 3791), in subsection 
                (a)(2), by striking ``for the purposes of section 
                506(a)'' and inserting ``for the purposes of section 
                505(a)'';
                    (G) in section 1502 (42 U.S.C. 3796bb-1)--
                            (i) in paragraph (1), by striking ``section 
                        506(a)'' and inserting ``section 505(a)'';
                            (ii) in paragraph (2)--
                                    (I) by striking ``section 503(a)'' 
                                and inserting ``section 502''; and
                                    (II) by striking ``section 506'' 
                                and inserting ``section 505'';
                    (H) in section 1602 (42 U.S.C. 3796cc-1), in 
                subsection (b), by striking ``The office designated 
                under section 507 of title I'' and inserting ``The 
                office responsible for the trust fund required by 
                section 507'';
                    (I) in section 1702 (42 U.S.C. 3796dd-1), in 
                subsection (c)(1), by striking ``and reflects 
                consideration of the statewide strategy under section 
                503(a)(1)''; and
                    (J) in section 1902 (42 U.S.C. 3796ff-1), in 
                subsection (e), by striking ``The Office designated 
                under section 507'' and inserting ``The office 
                responsible for the trust fund required by section 
                507''.
    (d) Applicability.--The amendments made by this section shall apply 
with respect to the first fiscal year beginning after the date of 
enactment of this title and each fiscal year thereafter.

SEC. 202. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY ATTORNEY GENERAL 
              IN CONSIDERING APPLICATION FOR EMERGENCY FEDERAL LAW 
              ENFORCEMENT ASSISTANCE.

    Section 609M(b) of the Justice Assistance Act of 1984 (42 U.S.C. 
10501(b)) is amended by striking ``the Director of the Office of 
Justice Assistance'' and inserting ``the Assistant Attorney General for 
the Office of Justice Programs''.

SEC. 203. CLARIFICATION OF USES FOR REGIONAL INFORMATION SHARING SYSTEM 
              GRANTS.

    Section 1301(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796h(b)), as most recently amended by section 701 
of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 374), is amended--
            (1) in paragraph (1), by inserting ``regional'' before 
        ``information sharing systems'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) establishing and maintaining a secure 
        telecommunications system for regional information sharing 
        between Federal, State, and local law enforcement agencies;''; 
        and
            (3) by striking ``(5)'' at the end of paragraph (4).

SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR THE REGIONAL INFORMATION 
              SHARING SYSTEM TO FACILITATE FEDERAL-STATE-LOCAL LAW 
              ENFORCEMENT RESPONSE RELATED TO TERRORIST ATTACKS.

    Section 1301 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796h) is amended in subsection (d), by 
striking ``$50,000,000 for fiscal year 2002 and $100,000,000 for fiscal 
year 2003'' and inserting ``$100,000,000 for each of fiscal years 2005 
through 2007''.

SEC. 205. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL RECORD 
              DATABASES.

    (a) Duties of Director.--Section 302 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
            (1) in subsection (b), by inserting after the third 
        sentence the following new sentence: ``The Director shall be 
        responsible for the integrity of data and statistics and shall 
        protect against improper or illegal use or disclosure.'';
            (2) by amending paragraph (19) of subsection (c) to read as 
        follows:
            ``(19) provide for improvements in the accuracy, quality, 
        timeliness, immediate accessibility, and integration of State 
        criminal history and related records, support the development 
        and enhancement of national systems of criminal history and 
        related records including the National Criminal History 
        Background Check System, the National Incident-Based Reporting 
        System, and the records of the National Crime Information 
        Center, facilitate State participation in national records and 
        information systems, and support statistical research for 
        critical analysis of the improvement and utilization of 
        criminal history records;''; and
            (3) in subsection (d)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by striking the period at the end of paragraph 
                (5) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) confer and cooperate with Federal statistical 
        agencies as needed to carry out the purposes of this part, 
        including by entering into cooperative data sharing agreements 
        in conformity with all laws and regulations applicable to the 
        disclosure and use of data.''.
    (b) Use of Data.--Section 304 of such Act (42 U.S.C. 3735) is 
amended by striking ``particular individual'' and inserting ``private 
person or public agency''.
    (c) Confidentiality of Information.--Section 812(a) of such Act (42 
U.S.C. 3789g(a)) is amended by striking ``Except as provided by Federal 
law other than this title, no'' and inserting ``No''.

SEC. 206. EXTENSION OF CRIME FREE RURAL STATES GRANT PROGRAM.

    Section 2989 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797y-4), is amended by striking ``and 2005'' and 
inserting ``2005, 2006, and 2007''.

Subtitle B--Building Community Capacity To Prevent, Reduce, and Control 
                                 Crime

SEC. 211. OFFICE OF WEED AND SEED STRATEGIES.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by inserting after section 102 (42 
U.S.C. 3712) the following new sections:

``SEC. 103. OFFICE OF WEED AND SEED STRATEGIES.

    ``(a) Establishment.--There is established within the Office an 
Office of Weed and Seed Strategies, headed by a Director appointed by 
the Attorney General.
    ``(b) Assistance.--The Director may assist States, units of local 
government, and neighborhood and community-based organizations in 
developing Weed and Seed strategies, as provided in section 104.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2005, 2006, and 2007, to remain available 
until expended.

``SEC. 104. WEED AND SEED STRATEGIES.

    ``(a) In General.--From amounts made available under section 
103(c), the Director of the Office of Weed and Seed Strategies may 
implement strategies, to be known as Weed and Seed strategies, to 
prevent, control, and reduce violent crime, criminal drug-related 
activity, and gang activity in designated Weed-and-Seed communities. 
Each such strategy shall involve both of the following activities:
            ``(1) Weeding.--Activities, to be known as Weeding 
        activities, which shall include promoting and coordinating a 
        broad spectrum of community efforts (especially those of law 
        enforcement agencies and prosecutors) to arrest, and to 
        sanction or incarcerate, persons in that community who 
        participate or engage in violent crime, criminal drug-related 
        activity, and other crimes that threaten the quality of life in 
        that community.
            ``(2) Seeding.--Activities, to be known as Seeding 
        activities, which shall include promoting and coordinating a 
        broad spectrum of community efforts (such as drug abuse 
        education, mentoring, and employment counseling) to provide--
                    ``(A) human services, relating to prevention, 
                intervention, or treatment, for at-risk individuals and 
                families; and
                    ``(B) community revitalization efforts, including 
                enforcement of building codes and development of the 
                economy.
    ``(b) Guidelines.--The Director shall issue guidelines for the 
development and implementation of Weed and Seed strategies under this 
section. The guidelines shall ensure that the Weed and Seed strategy 
for a community referred to in subsection (a) shall--
            ``(1) be planned and implemented through and under the 
        auspices of a steering committee, properly established in the 
        community, comprised of--
                    ``(A) in a voting capacity, representatives of--
                            ``(i) appropriate law enforcement agencies; 
                        and
                            ``(ii) other public and private agencies, 
                        and neighborhood and community-based 
                        organizations, interested in criminal justice 
                        and community-based development and 
                        revitalization in the community; and
                    ``(B) in a voting capacity, both--
                            ``(i) the Drug Enforcement Administration's 
                        special agent in charge for the jurisdiction 
                        encompassing the community; and
                            ``(ii) the United States Attorney for the 
                        District encompassing the community;
            ``(2) describe how law enforcement agencies, other public 
        and private agencies, neighborhood and community-based 
        organizations, and interested citizens are to cooperate in 
        implementing the strategy; and
            ``(3) incorporate a community-policing component that shall 
        serve as a bridge between the Weeding activities under 
        subsection (a)(1) and the Seeding activities under subsection 
        (a)(2).
    ``(c) Designation.--For a community to be designated as a Weed-and-
Seed community for purposes of subsection (a)--
            ``(1) the United States Attorney for the District 
        encompassing the community must certify to the Director that--
                    ``(A) the community suffers from consistently high 
                levels of crime or otherwise is appropriate for such 
                designation;
                    ``(B) the Weed and Seed strategy proposed, adopted, 
                or implemented by the steering committee has a high 
                probability of improving the criminal justice system 
                within the community and contains all the elements 
                required by the Director; and
                    ``(C) the steering committee is capable of 
                implementing the strategy appropriately; and
            ``(2) the community must agree to formulate a timely and 
        effective plan to independently sustain the strategy (or, at a 
        minimum, a majority of the best practices of the strategy) when 
        assistance under this section is no longer available.
    ``(d) Application.--An application for designation as a Weed-and-
Seed community for purposes of subsection (a) shall be submitted to the 
Director by the steering committee of the community in such form, and 
containing such information and assurances, as the Director may 
require. The application shall propose--
            ``(1) a sustainable Weed and Seed strategy that includes--
                    ``(A) the active involvement of the United States 
                Attorney for the District encompassing the community, 
                the Drug Enforcement Administration's special agent in 
                charge for the jurisdiction encompassing the community, 
                and other Federal law enforcement agencies operating in 
                the vicinity;
                    ``(B) a significant community-oriented policing 
                component; and
                    ``(C) demonstrated coordination with complementary 
                neighborhood and community-based programs and 
                initiatives; and
            ``(2) a methodology with outcome measures and specific 
        objective indicia of performance to be used to evaluate the 
        effectiveness of the strategy.
    ``(e) Grants.--
            ``(1) In general.--In implementing a strategy for a 
        community under subsection (a), the Director may make grants to 
        that community.
            ``(2) Uses.--For each grant under this subsection, the 
        community receiving that grant--
                    ``(A) shall use not more than 40 percent of the 
                grant amounts for Seeding activities under subsection 
                (a)(2); and
                    ``(B) may not use any of the grant amounts for 
                construction, except that the Assistant Attorney 
                General may authorize use of grant amounts for 
                incidental or minor construction, renovation, or 
                remodeling.
            ``(3) Limitations.--A community may not receive grants 
        under this subsection (or fall within such a community)--
                    ``(A) for a period of more than 10 fiscal years;
                    ``(B) for more than 5 separate fiscal years, except 
                that the Assistant Attorney General may, in single 
                increments and only upon a showing of extraordinary 
                circumstances, authorize grants for not more than 3 
                additional separate fiscal years; or
                    ``(C) in an aggregate amount of more than 
                $1,000,000, except that the Assistant Attorney General 
                may, upon a showing of extraordinary circumstances, 
                authorize grants for not more than an additional 
                $500,000.
            ``(4) Distribution.--In making grants under this 
        subsection, the Director shall ensure that--
                    ``(A) to the extent practicable, the distribution 
                of such grants is geographically equitable and includes 
both urban and rural areas of varying population and area; and
                    ``(B) priority is given to communities that clearly 
                and effectively coordinate crime prevention programs 
                with other Federal programs in a manner that addresses 
                the overall needs of such communities.
            ``(5) Federal share.--(A) Subject to subparagraph (B), the 
        Federal share of a grant under this subsection may not exceed 
        75 percent of the total costs of the projects described in the 
        application for which the grant was made.
            ``(B) The requirement of subparagraph (A)--
                    ``(i) may be satisfied in cash or in kind; and
                    ``(ii) may be waived by the Assistant Attorney 
                General upon a determination that the financial 
                circumstances affecting the applicant warrant a finding 
                that such a waiver is equitable.
            ``(6) Supplement, not supplant.--To receive a grant under 
        this subsection, the applicant must provide assurances that the 
        amounts received under the grant shall be used to supplement, 
        not supplant, non-Federal funds that would otherwise be 
        available for programs or services provided in the 
        community.''.
    (b) Abolishment of Executive Office of Weed and Seed; Transfers of 
Functions.--
            (1) Abolishment.--The Executive Office of Weed and Seed is 
        abolished.
            (2) Transfer.--There are hereby transferred to the Office 
        of Weed and Seed Strategies all functions and activities 
        performed immediately before the date of enactment of this 
        title by the Executive Office of Weed and Seed Strategies.
    (c) Effective Date.--This section and the amendments made by this 
section take effect 90 days after the date of enactment of this Act.

                 Subtitle C--Assisting Victims of Crime

SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE OUTREACH 
              SERVICES TO VICTIMS OF CRIME.

    Section 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(c)), as most recently amended by section 623 of the USA PATRIOT 
Act (Public Law 107-56; 115 Stat. 372), is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking the comma after ``Director'';
                    (B) in subparagraph (A), by striking ``and'' at the 
                end;
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
            ``(C) for nonprofit neighborhood and community-based victim 
        service organizations and coalitions to improve outreach and 
        services to victims of crime.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``paragraph (1)(A)'' and 
                        inserting ``paragraphs (1)(A) and (1)(C)'';
                            (ii) by striking ``and'' at the end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(C) not more than $10,000 shall be used for any single 
        grant under paragraph (1)(C).''.

SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES RELATING 
              TO CRIME VICTIMS FUND.

    Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) 
is amended as follows:
            (1) Authority to accept gifts.--Subsection (b)(5) of such 
        section is amended by striking the period at the end and 
        inserting the following: ``, which the Director is hereby 
        authorized to accept for deposit into the Fund, except that the 
        Director is not hereby authorized to accept any such gift, 
        bequest, or donation that--
                    ``(A) attaches conditions inconsistent with 
                applicable laws or regulations; or
                    ``(B) is conditioned upon or would require the 
                expenditure of appropriated funds that are not 
                available to the Office for Victims of Crime.''.
            (2) Authority to replenish antiterrorism emergency 
        reserve.--Subsection (d)(5)(A) of such section is amended by 
        striking ``expended'' and inserting ``obligated''.
            (3) Authority to make grants to indian tribes for victim 
        assistance programs.--Subsection (g) of such section is 
        amended--
                    (A) in paragraph (1), by striking ``, acting 
                through the Director,'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
    ``(2) The Attorney General may use 5 percent of the funds available 
under subsection (d)(2) (prior to distribution) for grants to Indian 
tribes to establish victim assistance programs, as appropriate.''.
            (4) Authority to carry over certain amounts from year to 
        year.--Subsection (d)(5) of such section is amended--
                    (A) in subparagraph (A), in the second sentence by 
                inserting ``, once each fiscal year,'' after 
                ``subsequent fiscal years''; and
                    (B) in subparagraph (C), by inserting after 
                ``subparagraph (A)'' the following: ``, and amounts 
                made available by law for obligation pursuant to 
                sections 1402(g) and 1404(c) but remaining unobligated 
                at the end of a fiscal year''.

SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE USED BY 
              STATE FOR TRAINING PURPOSES.

    (a) Crime Victim Compensation.--Section 1403(a)(3) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended--
            (1) by inserting ``training purposes and'' after ``may be 
        used for''; and
            (2) by striking ``5'' and inserting ``7.5''.
    (b) Crime Victim Assistance.--Section 1404(b)(3) of such Act (42 
U.S.C. 10603(b)(3)) is amended--
            (1) by inserting ``training purposes and'' after ``may be 
        used for''; and
            (2) by striking ``5'' and inserting ``7.5''.

SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST 
              WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS.

    (a) Clarification of Specific Purposes.--Section 2001(b) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg(b)) is amended in the matter preceding paragraph (1) by 
inserting after ``violent crimes against women'' the following: ``to 
develop and strengthen victim services in cases involving violent 
crimes against women''.
    (b) Technical Amendment Relating to Misdesignated Sections.--
Section 402(2) of Public Law 107-273 (116 Stat. 1789) is amended by 
striking ``as sections 2006 through 2011, respectively'' and inserting 
``as sections 2007 through 2011, respectively''.
    (c) Tribal Coalition Grants.--
            (1) In general.--Section 2001 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) 
        is amended by adding at the end the following:
    ``(d) Tribal Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award grants to 
        tribal domestic violence and sexual assault coalitions for 
        purposes of--
                    ``(A) increasing awareness of domestic violence and 
                sexual assault against Indian women;
                    ``(B) enhancing the response to violence against 
                Indian women at the tribal, Federal, and State levels; 
                and
                    ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential services to 
                Indian women victimized by domestic and sexual 
                violence.
            ``(2) Grants to tribal coalitions.--The Attorney General 
        shall award grants under paragraph (1) to--
                    ``(A) established nonprofit, nongovernmental tribal 
                coalitions addressing domestic violence and sexual 
                assault against Indian women; and
                    ``(B) individuals or organizations that propose to 
                incorporate as nonprofit, nongovernmental tribal 
                coalitions to address domestic violence and sexual 
                assault against Indian women.
            ``(3) Eligibility for other grants.--Receipt of an award 
        under this subsection by tribal domestic violence and sexual 
        assault coalitions shall not preclude the coalition from 
        receiving additional grants under this title to carry out the 
        purposes described in subsection (b).''.
            (2) Use of state grants.--Section 2007(b)(4) of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796gg-1(b)(4)) is amended to read as follows:
            ``(4) \1/54\ shall be available for grants under section 
        2001(d);''.
    (d) Availability of Forensic Medical Exams.--Section 2010 of such 
Act (42 U.S.C. 3796gg-4), as redesignated pursuant to the amendment 
made by subsection (b), is amended by adding at the end the following 
new subsections:
    ``(c) Use of Funds.--A State or Indian tribal government may use 
Federal grant funds under this part to pay for forensic medical exams 
performed by trained examiners for victims of sexual assault, except 
that such funds may not be used to pay for forensic medical exams by 
any State or Indian tribal government that requires victims of sexual 
assault to seek reimbursement for such exams from their insurance 
carriers.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to require a victim of sexual assault to participate in the 
criminal justice system or cooperate with law enforcement in order to 
be provided with a forensic medical exam, reimbursement for charges 
incurred on account of such an exam, or both.''.
    (e) Technical Amendment.--The heading for part T of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
seq.) is amended to read as follows:

       ``PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN''.

SEC. 225. EXPANSION OF GRANT PROGRAMS ASSISTING ENFORCEMENT OF DOMESTIC 
              VIOLENCE CASES TO ALSO ASSIST ENFORCEMENT OF SEXUAL 
              ASSAULT CASES.

    (a) Grants To Encourage Domestic Violence Arrest Policies.--Section 
2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796hh) is amended--
            (1) in subsection (a), by striking ``to treat domestic 
        violence as a serious violation'' and inserting ``to treat 
        domestic violence and sexual assault as serious violations'';
            (2) in subsection (b)--
                    (A) in each of paragraphs (2) and (5), by striking 
                ``domestic violence and dating violence'' and inserting 
                ``domestic violence, sexual assault, and dating 
                violence'';
                    (B) in paragraph (3), by striking ``domestic 
                violence cases'' and inserting ``domestic violence and 
                sexual assault cases'';
                    (C) in paragraph (6), by striking ``about domestic 
                violence'' and inserting ``about domestic violence and 
                sexual assault''; and
                    (D) at the end, by adding the following:
            ``(9) To develop and implement policies and training for 
        police, prosecutors, and the judiciary in recognizing, 
        investigating, and prosecuting instances of sexual assault 
        perpetrated by an acquaintance of the victim, with an emphasis 
        on recognizing the threat to the community for repeat crime 
        perpetration by such individuals.
            ``(10) To educate police, prosecutors, and the judiciary 
        about the co-occurrence of sexual assault and domestic violence 
        and dating violence, with an emphasis on investigating and 
        prosecuting such crimes when they occur.''; and
            (3) in subsection (d), by striking ``In this section, the 
        term'' and inserting ``In this part--
            ``(1) the term `sexual assault' has the meaning given the 
        term in section 2008; and
            ``(2) the term''.
    (b) Applications.--Section 2102(b) of such Act (42 U.S.C. 3796hh-
1(b)) is amended in each of paragraphs (1) and (2) by inserting after 
``involving domestic violence'' the following: ``or sexual assault''.
    (c) Rural Domestic Violence and Child Abuse Enforcement 
Assistance.--Section 40295(a) of the Violence Against Women Act of 1994 
(title IV of the Violent Crime Control and Law Enforcement Act of 1994; 
42 U.S.C. 13971(a)) is amended in each of paragraphs (1) and (2) by 
striking ``domestic violence and dating violence (as defined in section 
2003'' and inserting ``domestic violence, sexual assault, and dating 
violence (as such terms are defined in section 2008''.

                      Subtitle D--Preventing Crime

SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER FOR PURPOSES 
              OF JUVENILE DRUG COURTS.

    Section 2953(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3797u-2(b)) is amended in the matter preceding 
paragraph (1) by striking ``an offense that'' and inserting ``a felony-
level offense that''.

SEC. 232. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS PROGRAM 
              EXTENDED TO COURTS THAT SUPERVISE NON-OFFENDERS WITH 
              SUBSTANCE ABUSE PROBLEMS.

    Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is amended 
by striking ``offenders with substance abuse problems'' and inserting 
``offenders, and other individuals under the jurisdiction of the court, 
with substance abuse problems''.

SEC. 233. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR 
              LOCAL FACILITIES.

    Section 1904 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796ff-3) is amended by adding at the end the following 
new subsection:
    ``(d) Definition.--In this section, the term `jail-based substance 
abuse treatment program' means a course of individual and group 
activities, lasting for a period of not less than 3 months, in an area 
of a correctional facility set apart from the general population of the 
correctional facility, if those activities are--
            ``(1) directed at the substance abuse problems of the 
        prisoners; and
            ``(2) intended to develop the cognitive, behavioral, and 
        other skills of prisoners in order to address the substance 
        abuse and related problems of prisoners.''.

SEC. 234. RURAL 9-1-1 SERVICE.

    (a) Purpose.--The purpose of this section is to provide access to, 
and improve a communications infrastructure that will ensure a reliable 
and seamless communication between, law enforcement, fire, and 
emergency medical service providers in units of local government and 
tribal governments located outside a Standard Metropolitan Statistical 
Area and in States.
    (b) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to units of local 
government and tribal governments located outside a Standard 
Metropolitan Statistical Area for the purpose of establishing or 
improving 9-1-1 service in those communities. Priority in making grants 
under this section shall be given to communities that do not have 9-1-1 
service.
    (c) Definition.--In this section, the term ``9-1-1 service'' refers 
to telephone service that has designated 9-1-1 as a universal emergency 
telephone number in the community served for reporting an emergency to 
appropriate authorities and requesting assistance.
    (d) Limit on Grant Amount.--The total amount of a grant made under 
this section shall not exceed $250,000.
    (e) Funding.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $25,000,000 for fiscal year 2005, to 
        remain available until expended.
            (2) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments.

SEC. 235. METHAMPHETAMINE CLEANUP.

    (a) In General.--The Attorney General shall, through the Department 
of Justice or through grants to States or units of local government and 
tribal governments located outside a Standard Metropolitan Statistical 
Area, in accordance with such regulations as the Attorney General may 
prescribe, provide for--
            (1) the cleanup of methamphetamine laboratories and related 
        hazardous waste in units of local government and tribal 
        governments located outside a Standard Metropolitan Statistical 
        Area; and
            (2) the improvement of contract-related response time for 
        cleanup of methamphetamine laboratories and related hazardous 
        waste in units of local government and tribal governments 
        located outside a Standard Metropolitan Statistical Area by 
        providing additional contract personnel, equipment, and 
        facilities.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $20,000,000 for fiscal year 2005 to carry out this section.
            (2) Funding additional.--Amounts authorized by this section 
        are in addition to amounts otherwise authorized by law.
            (3) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments.

SEC. 236. NATIONAL CITIZENS CRIME PREVENTION CAMPAIGN.

    (a) In General.--Pursuant to subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968, the Director of the 
Bureau of Justice Assistance shall make grants to the National Citizens 
Crime Prevention Campaign.
    (b) Campaign Activities.--Grants under this section shall be used 
for campaign activities including--
            (1) a national public communications campaign;
            (2) the development and distribution of publications;
            (3) trainings for local law enforcement personnel and 
        community leaders;
            (4) technical assistance to States and local governments; 
        research and demonstrations; and
            (5) the McGruff Truck/McGruff House program.
    (c) Match Requirement.--The Director of the Bureau of Justice 
Assistance shall require a 30 percent non-Federal match for Federal 
funds granted under this section
    (d) Authorization of Appropriations.--There are authorized--
            (1) in fiscal year 2005, $6,000,000 to carry out this 
        section;
            (2) in fiscal year 2006, $6,000,000 to carry out this 
        section; and
            (3) in fiscal year 2007, $7,000,000 to carry out this 
        section.

SEC. 237. SEARCH, THE NATIONAL CONSORTIUM FOR JUSTICE INFORMATION AND 
              STATISTICS.

    (a) In General.--Pursuant to subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968, the Director of the 
Bureau of Justice Assistance shall make grants to SEARCH, the National 
Consortium for Justice Information and Statistics, to carry out the 
operations of the National Technical Assistance and Training Program 
operated by SEARCH under the direction of the Office of Justice 
Programs.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated in each of fiscal years 2005, 2006, and 2007, $4,000,000 
to carry out this section.

                       Subtitle E--Other Matters

SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.

    (a) Certain Programs That Are Exempt From Paying States Interest on 
Late Disbursements Also Exempted From Paying Charge to Treasury for 
Untimely Disbursements.--Section 204(f) of such Act (116 Stat. 1776; 31 
U.S.C. 6503 note) is amended--
            (1) by striking ``section 6503(d)'' and inserting 
        ``sections 3335(b) or 6503(d)''; and
            (2) by striking ``section 6503'' and inserting ``sections 
        3335(b) or 6503''.
    (b) Southwest Border Prosecutor Initiative Included Among Such 
Exempted Programs.--Section 204(f) of such Act is further amended by 
striking ``pursuant to section 501(a)'' and inserting ``pursuant to the 
Southwest Border Prosecutor Initiative (as carried out pursuant to 
paragraph (3) (117 Stat. 64) under the heading relating to Community 
Oriented Policing Services of the Department of Justice Appropriations 
Act, 2003 (title I of division B of Public Law 108-7), or as carried 
out pursuant to any subsequent authority) or section 501(a)''.
    (c) Funds Available for ATFE May Be Used for Aircraft, Boats, 
Ammunition, Firearms, Firearms Competitions, and Any Authorized 
Activity.--Section 530C(b) of title 28, United States Code, is 
amended--
            (1) in paragraph (2), in each of subparagraphs (A) and (B), 
        by inserting ``for the Bureau of Alcohol, Tobacco, Firearms, 
        and Explosives,'' before ``for the Drug Enforcement 
        Administration,''; and
            (2) by adding at the end the following new paragraph:
            ``(8) Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives.--Funds available to the Attorney General for the 
        Bureau of Alcohol, Tobacco, Firearms, and Explosives may be 
        used for the conduct of all its authorized activities.''.
    (d) ATFE Undercover Investigative Operations.--Section 102(b) of 
the Department of Justice and Related Agencies Appropriations Act, 1993 
(28 U.S.C. 533 note), as in effect pursuant to section 815(d) of the 
Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 533 
note) shall apply with respect to the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives and the undercover investigative operations of 
the Bureau on the same basis as such section applies with respect to 
any other agency and the undercover investigative operations of such 
agency.

SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.

    (a) Coordinate and Support Office for Victims of Crime.--Section 
102 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3712) is amended in subsection (a)(5) by inserting after ``the 
Bureau of Justice Statistics,'' the following: ``the Office for Victims 
of Crime,''.
    (b) Setting Grant Conditions.--Such section is further amended in 
subsection (a)(6) by inserting ``, including placing special conditions 
on all grants'' before the period at the end.

SEC. 243. REPEAL OF CERTAIN PROGRAMS.

    (a) Safe Streets Act Programs.--The following provisions of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 are repealed:
            (1) Criminal justice facility construction pilot program.--
        Part F (42 U.S.C. 3769-3769d).
            (2) Matching grant program for school security.--Part AA 
        (42 U.S.C. 3797a-3797e).
    (b) Violent Crime Control and Law Enforcement Act Programs.--The 
following provisions of the Violent Crime Control and Law Enforcement 
Act of 1994 are repealed:
            (1) Local crime prevention block grant program.--Subtitle B 
        of title III (42 U.S.C. 13751-13758).
            (2) Assistance for delinquent and at-risk youth.--Subtitle 
        G of title III (42 U.S.C. 13801-13802).
            (3) Improved training and technical automation.--Subtitle E 
        of title XXI (42 U.S.C. 14151).
            (4) Other state and local aid.--Subtitle F of title XXI (42 
        U.S.C. 14161).

SEC. 244. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.

    Part H of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 is amended as follows:
            (1) Notice and hearing on denial or termination of grant.--
        Section 802 (42 U.S.C. 3783) of such part is amended--
                    (A) by striking subsections (b) and (c); and
                    (B) by striking ``(a)'' before ``Whenever,''.
            (2) Finality of determinations.--Section 803 (42 U.S.C. 
        3784) of such part is amended--
                    (A) by striking ``, after reasonable notice and 
                opportunity for a hearing,''; and
                    (B) by striking ``, except as otherwise provided 
                herein''.
            (3) Repeal of appellate court review.--Section 804 (42 
        U.S.C. 3785) of such part is repealed.

SEC. 245. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME CONTROL AND 
              SAFE STREETS ACT OF 1968.

    Section 901 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3791) is amended as follows:
            (1) Indian tribe.--Subsection (a)(3)(C) of such section is 
        amended by striking ``(as that term is defined in section 103 
        of the Juvenile Justice and Delinquency Prevention Act of 1974 
        (42 U.S.C. 5603))''.
            (2) Combination.--Subsection (a)(5) of such section is 
        amended by striking ``program or project'' and inserting 
        ``program, plan, or project''.
            (3) Neighborhood or community-based organizations.--
        Subsection (a)(11) of such section is amended by striking 
        ``which'' and inserting ``, including faith-based, that''.
            (4) Indian tribe; private person.--Subsection (a) of such 
        section is further amended--
                    (A) in paragraph (24) by striking ``and'' at the 
                end;
                    (B) in paragraph (25) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(26) the term `Indian Tribe' has the meaning given the 
        term `Indian tribe' in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)); 
        and
            ``(27) the term `private person' means any individual 
        (including an individual acting in his official capacity) and 
        any private partnership, corporation, association, 
        organization, or entity (or any combination thereof).''.

SEC. 246. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO 
              PRISONERS FOR HEALTH CARE ITEMS AND SERVICES.

    Section 4006 of title 18, United States Code, is amended--
            (1) in subsection (a) by inserting after ``The Attorney 
        General'' the following: ``or the Secretary of Homeland 
        Security, as applicable,''; and
            (2) in subsection (b)(1)--
                    (A) by striking ``the Immigration and 
                Naturalization Service'' and inserting ``the Department 
                of Homeland Security'';
                    (B) by striking ``shall not exceed the lesser of 
                the amount'' and inserting ``shall be the amount 
                billed, not to exceed the amount'';
                    (C) by striking ``items and services'' and all that 
                follows through ``the Medicare program'' and inserting 
                ``items and services under the Medicare program''; and
                    (D) by striking ``; or'' and all that follows 
                through the period at the end and inserting a period.

SEC. 247. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS OF OFFICE OF 
              JUSTICE PROGRAMS.

    (a) Consolidation of Accounting Activities and Procurement 
Activities.--The Assistant Attorney General of the Office of Justice 
Programs shall ensure that--
            (1) all accounting activities for all elements of the 
        Office of Justice Programs are carried out under the direct 
        management of the Office of the Comptroller; and
            (2) all procurement activities for all elements of the 
        Office are carried out under the direct management of the 
        Office of Administration.
    (b) Further Consolidation of Procurement Activities.--The Assistant 
Attorney General shall ensure that, on and after September 30, 2007--
            (1) all procurement activities for all elements of the 
        Office are carried out through a single management office; and
            (2) all contracts and purchase orders used in carrying out 
        those activities are processed through a single procurement 
        system.
    (c) Consolidation of Financial Management Systems.--The Assistant 
Attorney General shall ensure that, on and after September 30, 2010, 
all financial management activities (including human resources, 
payroll, and accounting activities, as well as procurement activities) 
of all elements of the Office are carried out through a single 
financial management system.
    (d) Achieving Compliance.--
            (1) Schedule.--The Assistant Attorney General shall 
        undertake a scheduled consolidation of operations to achieve 
        compliance with the requirements of this section.
            (2) Specific requirements.--With respect to achieving 
        compliance with the requirements of--
                    (A) subsection (a), the consolidation of operations 
                shall be initiated not later than 90 days after the 
                date of enactment of this Act; and
                    (B) subsections (b) and (c), the consolidation of 
                operations shall be initiated not later than September 
                30, 2005, and shall be carried out by the Office of 
                Administration, in consultation with the Chief 
                Information Officer and the Office of Audit, 
                Assessment, and Management.

SEC. 248. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE GRANT 
              PROGRAM.

    (a) In General.--Section 1701 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Grant Authorization.--The Attorney General shall carry out a 
single grant program under which the Attorney General makes grants to 
States, units of local government, Indian tribal governments, other 
public and private entities, and multi-jurisdictional or regional 
consortia for the purposes described in subsection (b).'';
            (2) by striking subsections (b) and (c);
            (3) by redesignating subsection (d) as subsection (b), and 
        in that subsection--
                    (A) by striking ``Additional Grant Projects.--
                Grants made under subsection (a) may include programs, 
                projects, and other activities to--'' and inserting 
                ``Uses of Grant Amounts.--The purposes for which grants 
                made under subsection (a) may be made are--'';
                    (B) by redesignating paragraphs (1) through (12) as 
                paragraphs (5) through (16), respectively;
                    (C) by inserting before paragraph (5) (as so 
                redesignated) the following:
            ``(1) rehire law enforcement officers who have been laid 
        off as a result of State and local budget reductions for 
        deployment in community-oriented policing;
            ``(2) hire and train new, additional career law enforcement 
        officers for deployment in community-oriented policing across 
        the Nation;
            ``(3) procure equipment, technology, or support systems, or 
        pay overtime, to increase the number of officers deployed in 
        community-oriented policing;
            ``(4) improve security at schools and on school grounds in 
        the jurisdiction of the grantee through--
                    ``(A) placement and use of metal detectors, locks, 
                lighting, and other deterrent measures;
                    ``(B) security assessments;
                    ``(C) security training of personnel and students;
                    ``(D) coordination with local law enforcement; and
                    ``(E) any other measure that, in the determination 
                of the Attorney General, may provide a significant 
                improvement in security;''; and
                    (D) by amending paragraph (8) (as so redesignated) 
                to read as follows:
            ``(8) develop new technologies, including interoperable 
        communications technologies, modernized criminal record 
        technology, and forensic technology, to assist State and local 
        law enforcement agencies in reorienting the emphasis of their 
        activities from reacting to crime to preventing crime and to 
        train law enforcement officers to use such technologies;'';
            (4) by redesignating subsections (e) through (k) as 
        subsections (c) through (i), respectively;
            (5) in subsection (c) (as so redesignated) by striking 
        ``subsection (i)'' and inserting ``subsection (g)''; and
            (6) by adding at the end the following new subsection:
    ``(j) Matching Funds for School Security Grants.--Notwithstanding 
subsection (i), in the case of a grant under subsection (a) for the 
purposes described in subsection (b)(4)--
            ``(1) the portion of the costs of a program provided by 
        that grant may not exceed 50 percent;
            ``(2) any funds appropriated by Congress for the activities 
        of any agency of an Indian tribal government or the Bureau of 
        Indian Affairs performing law enforcement functions on any 
        Indian lands may be used to provide the non-Federal share of a 
        matching requirement funded under this subsection; and
            ``(3) the Attorney General may provide, in the guidelines 
        implementing this section, for the requirement of paragraph (1) 
        to be waived or altered in the case of a recipient with a 
        financial need for such a waiver or alteration.''.
    (b) Conforming Amendment.--Section 1702 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is 
amended in subsection (d)(2) by striking ``section 1701(d)'' and 
inserting ``section 1701(b)''.
    (c) Authorization of Appropriations.--Section 1001(a)(11) of title 
I of such Act (42 U.S.C. 3793(a)(11)) is amended--
            (1) in subparagraph (A) by striking clause (i) and all that 
        follows through the period at the end and inserting the 
        following:
            ``(i) $1,027,176,000 for fiscal year 2005;
            ``(ii) $1,047,119,000 for fiscal year 2006; and
            ``(iii) $1,068,061,000 for fiscal year 2007.''; and
            (2) in subparagraph (B)--
                    (A) by striking ``section 1701(f)'' and inserting 
                ``section 1701(d)''; and
                    (B) by striking the third sentence.

SEC. 249. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND 
              PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
              OFFICIALS.

    (a) In General.--At the request of a State, Indian tribal 
government, or unit of local government, the Attorney General shall 
provide technical, forensic, prosecutorial, or any other form of 
assistance in the criminal investigation or prosecution of any crime 
that--
            (1) constitutes a crime of violence (as defined in section 
        16 of title 18, United States Code);
            (2) constitutes a felony under the laws of the State or 
        Indian tribe; and
            (3) is committed against a person under 18 years of age.
    (b) Priority.--If the Attorney General determines that there are 
insufficient resources to fulfill requests made pursuant to subsection 
(a), the Attorney General shall give priority to requests for 
assistance to--
            (1) crimes committed by, or believed to be committed by, 
        offenders who have committed crimes in more than 1 State; and
            (2) rural jurisdictions that have difficulty covering the 
        extraordinary expenses relating to the investigation or 
        prosecution of the crime.

 TITLE III--COMBATING MONEY LAUNDERING AND TERRORIST FINANCING ACT OF 
                                  2004

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Combating Money Laundering and 
Terrorist Financing Act of 2004''.

SEC. 302. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.

    (a) RICO Definitions.--Section 1961(1) of title 18, United States 
Code, is amended--
            (1) in subparagraph (A), by inserting ``burglary, 
        embezzlement,'' after ``robbery,'';
            (2) in subparagraph (B), by--
                    (A) inserting ``section 1960 (relating to illegal 
                money transmitters),'' before ``sections 2251'';
                    (B) striking ``1588'' and inserting ``1592'';
                    (C) inserting ``and 1470'' after ``1461-1465''; and
                    (D) inserting ``2252A,'' after ``2252,'';
            (3) in subparagraph (D), by striking ``fraud in the sale of 
        securities'' and inserting ``fraud in the purchase or sale of 
        securities''; and
            (4) in subparagraph (F), by inserting ``and 274A'' after 
        ``274''.
    (b) Monetary Investments.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended by--
            (1) inserting ``, or section 2339C (relating to financing 
        of terrorism)'' before ``of this title''; and
            (2) striking ``or any felony violation of the Foreign 
        Corrupt Practices Act'' and inserting ``any felony violation of 
        the Foreign Corrupt Practices Act, or any violation of section 
        208 of the Social Security Act (42 U.S.C. 408) (relating to 
        obtaining funds through misuse of a social security number)''.

SEC. 303. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Technical Amendments.--Section 1960 of title 18, United States 
Code, is amended--
            (1) in the caption by striking ``unlicensed'' and inserting 
        ``illegal'';
            (2) in subsection (a), by striking ``unlicensed'' and 
        inserting ``illegal'';
            (3) in subsection (b)(1), by striking ``unlicensed'' and 
        inserting ``illegal''; and
            (4) in subsection (b)(1)(C), by striking ``to be used to be 
        used'' and inserting ``to be used''.
    (b) Prohibition of Unlicensed Money Transmitting Businesses.--
Section 1960(b)(1)(B) of title 18, United States Code, is amended by 
inserting the following before the semicolon: ``, whether or not the 
defendant knew that the operation was required to comply with such 
registration requirements''.

SEC. 304. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN 
              COUNTRIES OR INTERNATIONAL ORGANIZATIONS.

    Section 981(a)(1)(G) of title 18, United States Code, is amended 
by--
            (1) striking ``or'' at the end of clause (ii);
            (2) striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) inserting after clause (iii) the following:
                            ``(iv) of any individual, entity, or 
                        organization engaged in planning or 
                        perpetrating any act of international terrorism 
                        (as defined in section 2331) against any 
                        international organization (as defined in 
                        section 209 of the State Department Basic 
                        Authorities Act of 1956 (22 U.S.C. 4309(b))) or 
                        against any foreign government. Where the 
                        property sought for forfeiture is located 
                        beyond the territorial boundaries of the United 
                        States, an act in furtherance of such planning 
                        or perpetration must have occurred within the 
                        jurisdiction of the United States.''.

SEC. 305. MONEY LAUNDERING THROUGH INFORMAL VALUE TRANSFER SYSTEMS.

    Section 1956(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(4) A transaction described in paragraph (1) or a transportation, 
transmission, or transfer described in paragraph (2) shall be deemed to 
involve the proceeds of specified unlawful activity, if the 
transaction, transportation, transmission, or transfer is part of a 
single plan or arrangement whose purpose is described in either of 
those paragraphs and one part of such plan or arrangement actually 
involves the proceeds of specified unlawful activity.''.

SEC. 306. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.

    (a) Concealment.--Section 2339C(c)(2) of title 18, United States 
Code, is amended--
            (1) by striking ``resources, or funds'' and inserting 
        ``resources, or any funds or proceeds of such funds'';
            (2) in subparagraph (A), by striking ``were provided'' and 
        inserting ``are to be provided, or knowing that the support or 
        resources were provided,''; and
            (3) in subparagraph (B)--
                    (A) by striking ``or any proceeds of such funds''; 
                and
                    (B) by striking ``were provided or collected'' and 
                inserting ``are to be provided or collected, or knowing 
                that the funds were provided or collected,''.
    (b) International Terrorism.--Section 2332b(g)(5)(B) of title 18, 
United States Code, is amended by inserting ``)'' after ``2339C 
(relating to financing of terrorism''.

SEC. 307. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

    (a) Criminal Forfeiture.--Section 982(b) of title 18, United States 
Code, is amended in subsection (b)(2), by striking ``The substitution'' 
and inserting ``With respect to a forfeiture under subsection (a)(1), 
the substitution''.
    (b) Technical Amendments to Sections 1956 and 1957.--
            (1) Unlawful activity.--Section 1956(c)(7)(F) of title 18, 
        United States Code, is amended by inserting ``, as defined in 
        section 24'' before the period.
            (2) Property from unlawful activity.--Section 1957 of title 
        18, United States Code, is amended--
                    (A) in subsection (a), by striking ``engages or 
                attempts to engage in'' and inserting ``conducts or 
                attempts to conduct''; and
                    (B) in subsection (f), by inserting the following 
                after paragraph (3):
            ``(4) the term `conducts' has the same meaning as it does 
        for purposes of section 1956 of this title.''.
    (c) Obstruction of Justice.--Section 1510(b)(3)(B) of title 18, 
United States Code, is amended by striking ``or'' the first time it 
appears and inserting ``, a subpoena issued pursuant to section 1782 of 
title 28, or''.

SEC. 308. EXTENSION OF THE MONEY LAUNDERING AND FINANCIAL CRIMES 
              STRATEGY ACT OF 1998.

    (a) Transmittal to Congress.--Section 5341(a)(2) of title 31, 
United States Code, is amended by striking ``and 2003'' and inserting 
``2003, 2004, 2005, and 2006''.
    (b) Authorization of Appropriations.--Section 5355 of title 31, 
United States Code, is amended by inserting after the item for fiscal 
year 2003 the following:

    ``2004.........................
                                        $15,000,000
    ``2005.........................
                                        $15,000,000
    ``2006.........................
                                        $15,000,000.''.

   TITLE IV--PREVENTION AND RECOVERY OF MISSING CHILDREN ACT OF 2004

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Prevention and Recovery of Missing 
Children Act of 2004''.

SEC. 402. FINDINGS.

    Congress finds the following:
            (1) An improved registration system for sex offenders and 
        others who commit predatory acts against children will provide 
        law enforcement agencies with additional information critical 
        to preventing and promptly resolving such crimes.
            (2) Federal, State, and local law enforcement were called 
        upon to investigate over 12,000 non-family abductions in the 
        United States in 1999.
            (3) The National Crime Information Center (NCIC) database, 
        which links more than 16,000 Federal, State, and local law 
        enforcement agencies, is a critical means of cooperation among 
        law enforcement agencies.
            (4) Delays in entering missing children reports into the 
        NCIC database leads to investigative delays when time is 
        critical to ensuring the safe return of missing children, as 
        evidenced by the fact that in 74 percent of abduction homicide 
        cases the child is dead within the first 3 hours and 91 percent 
        are killed within 24 hours.

SEC. 403. MISSING CHILD REPORTING REQUIREMENTS.

    (a) In General.--Section 3702 of the Crime Control Act of 1990 (42 
U.S.C. 5780) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) ensure that no law enforcement agency within the 
        State establishes or maintains any policy that requires the 
        removal of a missing person entry from its State law 
        enforcement system or the National Crime Information Center 
        computer network based solely on the age of the person;''; and
            (3) in paragraph (3), as so redesignated, by striking 
        ``immediately'' and inserting ``within 2 hours of receipt''.

SEC. 404. STANDARDS FOR SEX OFFENDER REGISTRATION PROGRAMS.

    (a) In General.--Section 170101 of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A)--
                            (i) by striking clause (i), and inserting 
                        the following:
                            ``(i) inform the person of the duty to 
                        register and obtain the information required 
                        for such registration, including the person's 
                        name, current address, anticipated future 
                        residence, employer name and address, license 
                        plate number and other identifying information 
                        about each vehicle that the person owns, and 
                        student enrollment information;'';
                            (ii) by striking clause (iv) and inserting 
                        the following:
                            ``(iv) obtain fingerprints, a photograph, 
                        and a deoxyribonucleic acid (DNA) sample, 
                        unless they were obtained within the previous 3 
                        months;'';
                            (iii) in clause (v), by striking the period 
                        at the end and inserting the following: ``; 
                        and''; and
                            (iv) by adding at the end the following:
                            ``(vi) for persons who are incarcerated, 
                        perform each of the duties under clauses (i) 
                        through (v) prior to the release of that person 
                        from incarceration.'';
                    (B) in paragraph (2)(A), in the second sentence, by 
                inserting ``registration information for persons 
                intending to move to another State is promptly made 
                available to the registering agency of that State, and 
                that'' after ``State procedures shall also ensure 
                that'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Verification.--For all persons required to register 
        under this section, State procedures shall provide for 
        verification of registry information described in paragraph 
        (1)(A)(i) at least once every 90 days.'';
                    (D) by striking paragraph (4) and inserting the 
                following:
            ``(4) Notification of local law enforcement agencies of 
        changes in registry information.--State procedures shall 
        provide that all persons required to register under this 
        section shall report a change of name, address, employer name 
        and address, vehicle information, and student enrollment 
        information to a law enforcement agency that has jurisdiction 
        where the person will reside, not later than 10 days after such 
        change takes effect.''; and
                    (E) by adding at the end the following:
            ``(8) Current photograph.--State procedures shall provide 
        for local law enforcement to obtain a photograph for all 
        persons required to register under this section--
                    ``(A) at the initial registration of the person; 
                and
                    ``(B) at least once a year from the time of 
                verification of the registry information of that 
                person, throughout the term of registration.
            ``(9) Driver's license or identification card.--State 
        procedures shall require that all persons required to register 
        under this section obtain, at the time of initial registration, 
        a driver's license or identification card from the State 
        Department of Motor Vehicles in the State in which that person 
        resides.''; and
            (2) in subsection (d)--
                    (A) by striking ``A'' and inserting the following:
            ``(1) In general.--A''; and
                    (B) by adding at the end the following:
            ``(2) Felony.--States shall designate a failure to comply 
        with the registration and verification requirements of this 
        section as a felony and permit such failure to be grounds for 
        the immediate issuance of an arrest warrant.
            ``(3) Considerations.--States shall consider a failure to 
        comply with the registration and verification requirements of 
        this section as an ongoing offense for the purpose of statutes 
        of limitation, and shall consider a failure to register each 
        item of changed registry information as a separate offense.''.

SEC. 405. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on the expiration of the date which is 2 years after the date of 
enactment of this title.

        TITLE V--BULLETPROOF VEST PARTNERSHIP GRANT ACT OF 2004

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Bulletproof Vest Partnership Grant 
Act of 2004''.

SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a)(23) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking 
``2004'' and inserting ``2007''.

                           TITLE VI--PACT ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Prevent All Cigarette Trafficking 
Act'' or ``PACT Act''.

SEC. 602. COLLECTION OF STATE CIGARETTE AND SMOKELESS TOBACCO TAXES.

    (a) Definitions.--Section 1 of the Act of October 19, 1949 (15 
U.S.C. 375; commonly referred to as the ``Jenkins Act''), is amended--
            (1) by striking paragraphs (1), (2), and (3) and inserting 
        the following new paragraphs:
            ``(1) The term `attorney general', with respect to a State, 
        means the attorney general or other chief law enforcement 
        officer of the State, or the designee of that officer.
            ``(2) The term `cigarette' means--
                    ``(A) any roll of tobacco wrapped in paper or in 
                any substance not containing tobacco which is to be 
                heated or burned;
                    ``(B) any roll of tobacco wrapped in any substance 
                containing tobacco that, because of its appearance, the 
                type of tobacco used in the filler, or its packaging or 
                labeling, is likely to be offered to, or purchased by, 
                consumers as a cigarette described in subparagraph (A);
                    ``(C) any roll of tobacco wrapped in any substance 
                that because of its appearance, the type of tobacco 
                used in the filler, or its packaging or labeling, is 
                likely to be offered to, or purchased by, consumers as 
                a cigarette; or
                    ``(D) loose rolling tobacco that, because of its 
                appearance, type, packaging, or labeling, is likely to 
                be offered to, or purchased by, consumers as tobacco 
                for making cigarettes.
            ``(3) The term `smokeless tobacco' means any finely cut, 
        ground, powdered, or leaf tobacco that is intended to be placed 
        in the oral or nasal cavity or otherwise consumed without being 
        combusted.'';
            (2) in paragraph (5)--
                    (A) by inserting ``, local, or Tribal'' after ``the 
                State'';
                    (B) by striking ``administer the cigarette tax 
                law'' and inserting ``collect the tobacco tax or 
                administer the tax law''; and
                    (C) by inserting ``, locality, or Tribe, 
                respectively'' after ``a State''.
            (3) by striking paragraph (6) and inserting the following 
        new paragraph (6):
            ``(6) The term `delivery sale' means any sale of cigarettes 
        or smokeless tobacco in interstate commerce to a consumer if--
                    ``(A) the consumer submits the order for such sale 
                by means of a telephone or other method of voice 
                transmission, the mails, or the Internet or other 
                online service, or the seller is otherwise not in the 
                physical presence of the buyer when the request for 
                purchase or order is made; or
                    ``(B) the cigarettes or smokeless tobacco are 
                delivered by use of a common carrier, private delivery 
                service, or the mails, or the seller is not in the 
                physical presence of the buyer when the buyer obtains 
                personal possession of the delivered cigarettes or 
                smokeless tobacco.''; and
            (4) by adding at the end the following new paragraphs:
            ``(8) The term `delivery seller' means a person who makes a 
        delivery sale.
            ``(9) The term `common carrier' means any person (other 
        than a local messenger service or the United States Postal 
        Service (as defined in section 102 of title 39, United States 
        Code)) that holds itself out to the general public as a 
        provider for hire of the transportation by water, land, or air 
        of merchandise, whether or not the person actually operates the 
        vessel, vehicle, or aircraft by which the transportation is 
        provided, between a port or place and a port or place in the 
        United States.
            ``(10) The term `interstate commerce' means commerce 
        between a State and any place outside the State, commerce 
        between a State and any Indian lands in the State, or commerce 
        between points in the same State but though any place outside 
        the State or through any Indian lands.
            ``(11) The term `person' means an individual, corporation, 
        company, association, firm, partnership, society, State 
        government, local government, Indian tribal government, 
        governmental organization of such government, or joint stock 
        company.
            ``(12) The term `State' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, or 
        any territory or possession of the United States.
            ``(13) The term `Indian Country' has the meaning given that 
        term in section 1151 of title 18, United States Code, except 
        that within the State of Alaska that term applies only to the 
        Metlakatla Indian Community, Annette Island Reserve.
            ``(14) The term `Indian Tribe', `Tribe', or `Tribal' refers 
        to an Indian tribe as defined in the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b(e)) or as listed 
        pursuant to section 104 of the Federally Recognized Indian 
        Tribe List Act of 1994 (Public Law 103-454; 25 U.S.C. 479a-1).
            ``(15) The term `tobacco tax administrator', in the case of 
        a State, local, or Tribal government, means the official of the 
        government duly authorized to collect the tobacco tax or 
        administer the tax law of the government.''.
    (b) Reports to State Tobacco Tax Administrators.--Section 2 of that 
Act (15 U.S.C. 376) is amended--
            (1) by striking ``cigarettes'' each place it appears and 
        inserting ``cigarettes or smokeless tobacco'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``or transfers'' and 
                        inserting ``, transfers, or ships'';
                            (ii) by inserting ``, locality, or Indian 
                        Country of an Indian Tribe'' after ``a State''; 
                        and
                            (iii) by striking ``to other than a 
                        distributor licensed by or located in such 
                        State,'';
                    (B) in paragraph (1)--
                            (i) by striking ``administrator of the 
                        State'' and inserting ``administrators of the 
                        State and place''; and
                            (ii) by striking ``; and'' and inserting 
                        the following: ``, as well as telephone numbers 
                        for each place of business, a principal 
                        electronic mail address, any website addresses, 
                        and the name, address, and telephone number of 
                        an agent in the State authorized to accept 
                        service on behalf of such person;'';
                    (C) in paragraph (2), by striking ``and the 
                quantity thereof.'' and inserting ``the quantity 
                thereof, and the name, address, and phone number of the 
                person delivering the shipment to the recipient on 
                behalf of the delivery seller, with all invoice or 
                memoranda information relating to specific customers to 
                be organized by city or town and by zip code; and''; 
                and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) with respect to each memorandum or invoice filed with 
        a State under paragraph (2), also file copies of such 
        memorandum or invoice with the tobacco tax administrators and 
        chief law enforcement officers of the local governments and 
        Indian Tribes operating within the borders of the State that 
        apply their own local or Tribal taxes on cigarettes or 
        smokeless tobacco.''; and
            (3) in subsection (b)--
                    (A) by striking ``(1)''; and
                    (B) by striking ``, and (2)'' and all that follows 
                and inserting a period.
    (c) Requirements for Delivery Sales.--That Act is further amended 
by inserting after section 2 the following new section:
    ``Sec. 2A. (a) With respect to delivery sales into a specific State 
and place, each delivery seller shall comply with--
            ``(1) the shipping requirements set forth in subsection 
        (b);
            ``(2) the recordkeeping requirements set forth in 
        subsection (c);
            ``(3) all State, local, Tribal, and other laws generally 
        applicable to sales of cigarettes or smokeless tobacco as if 
        such delivery sales occurred entirely within the specific State 
        and place, including laws imposing--
                    ``(A) excise taxes;
                    ``(B) licensing and tax-stamping requirements; and
                    ``(C) other payment obligations or legal 
                requirements relating to the sale, distribution, or 
                delivery of cigarettes or smokeless tobacco; and
            ``(4) the tax collection requirements set forth in 
        subsection (d).
    ``(b)(1) Each delivery seller shall include on the bill of lading 
included with the shipping package containing cigarettes or smokeless 
tobacco sold pursuant to such order a clear and conspicuous statement 
providing as follows: `CIGARETTES/SMOKELESS TOBACCO: FEDERAL LAW 
REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND COMPLIANCE 
WITH APPLICABLE LICENSING AND TAX-STAMPING OBLIGATIONS'.
    ``(2) Any shipping package described in paragraph (1) that is not 
labeled in accordance with that paragraph shall be treated as non-
deliverable matter by a common carrier or the United States Postal 
Service if the common carrier or the United States Postal Service, as 
the case may be, knows or should know the contents of the package.
    ``(c)(1) Each delivery seller shall keep a record of all delivery 
sales so made, including all of the information described in section 
2(a)(2), organized by the State, and within such State, by the city or 
town and by zip code, into which such delivery sales are so made.
    ``(2) Records of delivery sales shall be kept under paragraph (1) 
in the year in which made and for the next four years.
    ``(3) Records kept under paragraph (1) shall be made available to 
tobacco tax administrators of the States, to local governments and 
Indian Tribes that apply their own local or Tribal taxes on cigarettes 
or smokeless tobacco, to the attorneys general of the States, to the 
chief law enforcement officers of such local governments and Indian 
Tribes, and to the Attorney General of the United States in order to 
ensure the compliance of persons making delivery sales with the 
requirements of this Act.
    ``(d)(1) Except as provided in paragraph (2), no cigarettes or 
smokeless tobacco may be delivered pursuant to a delivery sale in 
interstate commerce unless in advance of the delivery--
            ``(A) any cigarette or smokeless tobacco excise tax that is 
        imposed by the State in which the cigarettes or smokeless 
        tobacco are to be delivered has been paid to the State;
            ``(B) any cigarette or smokeless tobacco excise tax that is 
        imposed by the local government of the place in which the 
cigarette or smokeless tobacco are to be delivered has been paid to the 
local government; and
            ``(C) any required stamps or other indicia that such excise 
        tax has been paid are properly affixed or applied to the 
        cigarettes or smokeless tobacco.
    ``(2) Paragraph (1) does not apply to a delivery sale of smokeless 
tobacco if the law of the State or local government of the place where 
the smokeless tobacco is to be delivered requires or otherwise provides 
that delivery sellers collect the excise tax from the consumer and 
remit the excise tax to the State or local government, and the delivery 
seller complies with the requirement.
    ``(e)(1) Each State, and each local government or Indian Tribal 
government that levies a tax subject to subsection (a)(3), may compile 
a list of delivery sellers who are in compliance with this Act with 
respect to such State, locality, or Indian Tribe. If a State, local 
government, or Indian Tribe posts a list pursuant to this subsection 
that specifically refers to this subsection, no common carrier or other 
person may knowingly deliver cigarettes or smokeless tobacco to 
consumers in such State or locality or in the Indian Country of such 
Indian Tribe unless the delivery seller is on the list at the time of 
delivery.
    ``(2)(A) Each State, and each local government or Indian Tribal 
government that levies a tax subject to subsection (a)(3), may compile 
a list of delivery sellers who are not in compliance with this Act with 
respect to such State, locality, or Indian Tribe.
    ``(B) A State, locality, or Indian Tribal government may provide 
such a list to a common carrier, the United States Postal Service, or 
other person. Such a list shall be confidential, and a common carrier, 
the United States Postal Service, or other person that receives such a 
list shall maintain the confidentiality of such list.
    ``(C) If a State, local government, or Indian Tribal government 
provides such a list pursuant to this subsection that specifically 
refers to this subsection, no common carrier, the United States Postal 
Service, or other person may knowingly deliver any item to a consumer 
in such State or locality or in the Indian Country of such Indian Tribe 
for a delivery seller on such list unless the common carrier, the 
United States Postal Service, or person in good faith determines that 
the item does not include cigarettes or smokeless tobacco.
    ``(f) For purposes of this Act, a delivery sale shall be deemed to 
have occurred in the State and place where the buyer obtains personal 
possession of the cigarettes or smokeless tobacco, and a delivery 
pursuant to a delivery sale is deemed to have been initiated or ordered 
by the delivery seller.''.
    (d) Penalties.--Section 3 of that Act (15 U.S.C. 377) is amended--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) in subsection (a), as so designated--
                    (A) by inserting ``(except for a State, local, or 
                Tribal government)'' after ``this Act''; and
                    (B) by striking ``shall be guilty of a misdemeanor 
                and shall be fined not more than $1,000, or imprisoned 
                not more than 6 months'' and inserting ``shall be 
                guilty of a felony, fined under subchapter C of chapter 
                227 of title 18, United States Code, imprisoned not 
                more than three years, or both''; and
            (3) by adding at the end the following new subsection:
    ``(b)(1) Whoever violates any provision of this Act shall be 
subject to a civil penalty in an amount not to exceed the greater of--
            ``(A) $5,000 in the case of the first violation, or $10,000 
        for any other violation; or
            ``(B) for any violation, 2 percent of the gross sales of 
        cigarettes or smokeless tobacco of such person during the one-
        year period ending on the date of the violation.
    ``(2) A civil penalty under paragraph (1) for a violation of this 
Act is in addition to any criminal penalty under subsection (a) for the 
violation.''.
    (e) Enforcement.--Section 4 of that Act (15 U.S.C. 378) is 
amended--
            (1) by inserting ``(a)'' before ``The United States 
        district courts'';
            (2) in subsection (a), as so designated, by inserting 
        before the period the following: ``, and to provide other 
        appropriate injunctive or equitable relief, including money 
        damages, for such violations''; and
            (3) by adding at the end the following new subsections:
    ``(b) The Attorney General of the United States shall administer 
and enforce the provisions of this Act.
    ``(c)(1)(A) A State, through its attorney general (or a designee 
thereof), or a local government or Indian Tribe that levies a tax 
subject to section 2A(a)(3), through its chief law enforcement officer 
(or a designee thereof), may bring an action in the United States 
district courts to prevent and restrain violations of this Act by any 
person (or by any person controlling such person) or to obtain any 
other appropriate relief from any person (or from any person 
controlling such person) for violations of this Act, including civil 
penalties, money damages, and injunctive or other equitable relief.
    ``(B) Nothing in this Act shall be deemed to abrogate or constitute 
a waiver of any sovereign immunity of a State or local government or 
Indian Tribe against any unconsented lawsuit under this Act, or 
otherwise to restrict, expand, or modify any sovereign immunity of a 
State or local government or Indian Tribe.
    ``(2) A State, through its attorney general, or a local government 
or Indian Tribe that levies a tax subject to section 2A(a)(3), through 
its chief law enforcement officer (or a designee thereof), may provide 
evidence of a violation of this Act by any person not subject to State, 
local, or Tribal government enforcement actions for violations of this 
Act to the Attorney General of the United States or a United State 
Attorney, who shall take appropriate actions to enforce the provisions 
of this Act.
    ``(3)(A) Notwithstanding any other provision of law and subject to 
subparagraph (B), an amount equal to 50 percent of any criminal and 
civil penalties collected by the United States Government in enforcing 
the provisions of this Act shall be available to the Department of 
Justice for purposes of enforcing the provisions of this Act and other 
laws relating to contraband tobacco products.
    ``(B) Of the amount available to the Department under subparagraph 
(A), not less than 50 percent shall be made available only to the 
agencies and offices within the Department that were responsible for 
the enforcement actions in which the penalties concerned were imposed.
    ``(4) The remedies available under this subsection are in addition 
to any other remedies available under Federal, State, local, Tribal, or 
other law.
    ``(5) Nothing in this Act shall be construed to expand, restrict, 
or otherwise modify any right of an authorized State official to 
proceed in State court, or take other enforcement actions, on the basis 
of an alleged violation of State or other law.
    ``(6) Nothing in this Act shall be construed to expand, restrict, 
or otherwise modify any right of an authorized Indian Tribal government 
official to proceed in Tribal court, or take other enforcement actions, 
on the basis of an alleged violation of Tribal law.
    ``(7) Nothing in this Act shall be construed to expand, restrict, 
or otherwise modify any right of an authorized local government 
official to proceed in State court, or take other enforcement actions, 
on the basis of an alleged violation of local or other law.
    ``(d) Any person who holds a permit under section 5712 of the 
Internal Revenue Code of 1986 may bring an action in the United States 
district courts to prevent and restrain violations of this Act by any 
person (or by any person controlling such person) other than a State, 
local, or Tribal government.
    ``(e)(1) Any person who commences a civil action under subsection 
(d) shall inform the Attorney General of the United States of the 
action.
    ``(2) It is the sense of Congress that any attorney general of a 
State, or chief law enforcement officer of a locality or Tribe, who 
commences a civil action under this section should inform the Attorney 
General of the United States of the action.
    ``(f)(1) The Attorney General of the United States shall make 
available to the public, by posting such information on the Internet 
and by other means, information about all enforcement actions 
undertaken by the Attorney General or United States Attorneys, or 
reported to the Attorney General, under this section, including 
information on the resolution of such actions and, in particular, 
information on how the Attorney General and the United States Attorney 
have responded to referrals of evidence of violations pursuant to 
subsection (b)(2).
    ``(2) The Attorney General shall submit to Congress each year a 
report containing the information described in paragraph (1).''.

SEC. 603. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS NONMAILABLE 
              MATTER.

    Section 1716 of title 18, United States Code, is amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (k) and (l), respectively; and
            (2) by inserting after subsection (i) the following new 
        subsection (j):
    ``(j)(1) Except as provided in paragraph (2), the transmission in 
the mails of any tobacco product, including cigarettes (as that term is 
defined in section 1(2) of the Act of October 19, 1949 (15 U.S.C. 375; 
commonly referred to as the `Jenkins Act')) and smokeless tobacco (as 
that term is defined in section 1(3) of that Act), is prohibited, and 
tobacco products are nonmailable and shall not be deposited in or 
carried through the mails.
    ``(2) Paragraph (1) shall apply only to States that are contiguous 
with at least one other State of the United States.''.

SEC. 604. PENAL PROVISIONS REGARDING TRAFFICKING IN CONTRABAND 
              CIGARETTES OR SMOKELESS TOBACCO.

    (a) Threshold Quantity for Treatment as Contraband Cigarettes.--(1) 
Section 2341(2) of title 18, United States Code, is amended by striking 
``60,000 cigarettes'' and inserting ``10,000 cigarettes''.
    (2) Section 2342(b) of that title is amended by striking ``60,000'' 
and inserting ``10,000''.
    (3) Section 2343 of that title is amended--
            (A) in subsection (a), by striking ``60,000'' and inserting 
        ``10,000''; and
            (B) in subsection (b), by striking ``60,000'' and inserting 
        ``10,000''.
    (b) Contraband Smokeless Tobacco.--(1) Section 2341 of that title 
is amended--
            (A) in paragraph (4), by striking ``and'' at the end;
            (B) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (C) by adding at the end the following new paragraphs:
            ``(6) the term `smokeless tobacco' means any finely cut, 
        ground, powdered, or leaf tobacco that is intended to be placed 
        in the oral or nasal cavity or otherwise consumed without being 
        combusted;
            ``(7) the term `contraband smokeless tobacco' means a 
        quantity in excess of 500 single-unit consumer-sized cans or 
        packages of smokeless tobacco, or their equivalent, that are in 
        the possession of any person other than--
                    ``(A) a person holding a permit issued pursuant to 
                chapter 52 of the Internal Revenue Code of 1986 as 
                manufacturer of tobacco products or as an export 
                warehouse proprietor, a person operating a customs 
                bonded warehouse pursuant to section 311 or 555 of the 
                Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an agent 
                of such person;
                    ``(B) a common carrier transporting such smokeless 
                tobacco under a proper bill of lading or freight bill 
                which states the quantity, source, and designation of 
                such smokeless tobacco;
                    ``(C) a person who--
                            ``(i) is licensed or otherwise authorized 
                        by the State where such smokeless tobacco is 
                        found to engage in the business of selling or 
                        distributing tobacco products or, for smokeless 
                        tobacco found in Indian Country, is licensed or 
                        otherwise authorized by the Tribal government 
                        of such Indian Country to account for and pay 
                        smokeless tobacco taxes imposed by the Tribal 
                        government; and
                            ``(ii) has complied with the accounting, 
                        tax, and payment requirements relating to such 
                        license or authorization with respect to such 
                        smokeless tobacco; or
                    ``(D) an officer, employee, or agent of the United 
                States or a State or a Tribe, or any department, 
                agency, or instrumentality of the United States, a 
                State (including any political subdivision of a State), 
                or a Tribe (including any political subdivision of a 
                Tribe), having possession of such smokeless tobacco in 
                connection with the performance of official duties;''.
    (2) Section 2342(a) of that title is amended by inserting ``or 
contraband smokeless tobacco'' after ``contraband cigarettes''.
    (3) Section 2343(a) of that title is amended by inserting ``, or 
any quantity of smokeless tobacco in excess of 500 single-unit 
consumer-sized cans or packages,'' before ``in a single transaction''.
    (4) Section 2344(c) of that title is amended by inserting ``or 
contraband smokeless tobacco'' after ``contraband cigarettes''.
    (5) Section 2345 of that title is amended by inserting ``or 
smokeless tobacco'' after ``cigarettes'' each place it appears.
    (c) Additional Definitional Matters.--Section 2341 of such title is 
further amended--
            (1) in paragraph (2), as amended by subsection (a)(1) of 
        this section--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``State cigarette taxes in the State where 
                such cigarettes are found, if the State'' and inserting 
                ``State, local, or Tribal cigarette taxes in the State, 
                locality, or Indian Country where such cigarettes are 
                found, if the State, local or Tribal government'';
                    (B) in subparagraph (C)(i), by inserting before the 
                semicolon the following: ``, or, for cigarettes found 
                in Indian County, is licensed or otherwise authorized 
                by the Tribal government of such Indian Country to 
                account for and pay cigarette taxes imposed by the 
                Tribal government''; and
                    (C) in subparagraph (D)--
                            (i) by inserting ``or a Tribe'' after ``a 
                        State'' the first place it appears; and
                            (ii) by striking ``or a State (or any 
                        political subdivision of a State)'' and 
                        inserting ``, a State (or any political 
                        subdivision of a State), or a Tribe (including 
                        any political subdivision of a Tribe)'';
            (2) in paragraph (3), by inserting before the semicolon the 
        following: ``, or, for a carrier making a delivery entirely 
        within Indian Country, under equivalent operating authority 
        from the Indian Tribal government of such Indian Country''; and
            (3) by adding at the end the following new paragraphs:
            ``(8) the term `Indian Country' has the meaning given that 
        term in section 1151 of title 18, United States Code, except 
        that within the State of Alaska that term applies only to the 
        Metlakatla Indian Community, Annette Island Reserve; and
            ``(9) the term `Indian Tribe', `Tribe', or `Tribal' refers 
        to an Indian tribe as defined in the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b(e)) or as listed 
        pursuant to section 104 of the Federally Recognized Indian 
        Tribe List Act of 1994 (Public Law 103-454; 25 U.S.C. 479a-
        1).''.
    (d) Recordkeeping, Reporting, and Inspection.--Section 2343 of that 
title, as amended by this section, is further amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``only--'' and inserting ``such information as 
                the Attorney General considers appropriate for purposes 
                of enforcement of this chapter, including--''; and
                    (B) in the flush matter following paragraph (3), by 
                striking the second sentence;
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Any person who engages in a delivery sale, and who ships, 
sells, or distributes any quantity in excess of 10,000 cigarettes, or 
any quantity in excess of 500 single-unit consumer-sized cans or 
packages of smokeless tobacco, or their equivalent, within a single 
month, shall submit to the Attorney General, pursuant to rules or 
regulations prescribed by the Attorney General, a report that sets 
forth the following:
            ``(1) The person's beginning and ending inventory of 
        cigarettes and cans or packages of smokeless tobacco (in total) 
        for such month.
            ``(2) The total quantity of cigarettes and cans or packages 
        of smokeless tobacco that the person received within such month 
        from each other person (itemized by name and address).
            ``(3) The total quantity of cigarettes and cans or packages 
        of smokeless tobacco that the person distributed within such 
        month to each person (itemized by name and address) other than 
        a retail purchaser.''; and
            (4) by adding at the end the following new subsections:
    ``(d) Any report required to be submitted under this chapter to the 
Attorney General shall also be submitted to the Secretary of the 
Treasury and to the attorneys general and the tax administrators of the 
States from where the shipments, deliveries, or distributions both 
originated and concluded, and to the chief law enforcement officer and 
tax administrator of the Tribe for shipments, deliveries or 
distributions that originated or concluded on the Indian Country of the 
Indian Tribe.
    ``(e) In this section, the term `delivery sale' means any sale of 
cigarettes or smokeless tobacco in interstate commerce to a consumer 
if--
                    ``(A) the consumer submits the order for such sale 
                by means of a telephone or other method of voice 
                transmission, the mails, or the Internet or other 
                online service, or by any other means where the 
                consumer is not in the same physical location as the 
                seller when the purchase or offer of sale is made; or
                    ``(B) the cigarettes or smokeless tobacco are 
                delivered by use of the mails, common carrier, private 
                delivery service, or any other means where the consumer 
                is not in the same physical location as the seller when 
                the consumer obtains physical possession of the 
                cigarettes or smokeless tobacco.
    ``(f) In this section, the term `interstate commerce' means 
commerce between a State and any place outside the State, commerce 
between a State and any Indian lands in the State, or commerce between 
points in the same State but through any place outside the State or 
though any Indian lands.''.
    (e) Disposal or Use of Forfeited Cigarettes and Smokeless 
Tobacco.--Section 2344(c) of that title, as amended by this section, is 
further amended by striking ``seizure and forfeiture,'' and all that 
follows and inserting ``seizure and forfeiture, and any cigarettes or 
smokeless tobacco so seized and forfeited shall be either--
            ``(1) destroyed and not resold; or
            ``(2) used for undercover investigative operations for the 
        detection and prosecution of crimes, and then destroyed and not 
        resold.''.
    (f) Effect on State, Local, and Tribal Law.--Section 2345 of that 
title is amended--
            (1) in subsection (a), by striking ``a State to enact and 
        enforce'' and inserting ``a State, local government, or Tribe 
        to enact and enforce its own''; and
            (2) in subsection (b), by striking ``of States, through 
        interstate compact or otherwise, to provide for the 
        administration of State'' and inserting ``of State, local, or 
        Tribal governments, through interstate compact or otherwise, to 
        provide for the administration of State, local, or Tribal''.
    (g) Enforcement.--Section 2346 of that title is amended--
            (1) by inserting ``(a)'' before ``The Attorney General''; 
        and
            (2) by adding at the end the following new subsection:
    ``(b)(1) A State, through its attorney general, a local government 
or Indian Tribe, through its chief law enforcement officer (or a 
designee thereof), or any person who holds a permit under section 5712 
of the Internal Revenue Code of 1986, may bring an action in the United 
States district courts to prevent and restrain violations of this 
chapter by any person (or by any person controlling such person), 
except that any person who holds a permit under section 5712 of the 
Internal Revenue Code of 1986 may not bring such an action against a 
State, local, or Tribal government.
    ``(2) A State, through its attorney general, or a local government 
or Indian Tribe, through its chief law enforcement officer (or a 
designee thereof), may in a civil action under paragraph (1) also 
obtain any other appropriate relief for violations of this chapter from 
any person (or by any person controlling such person), including civil 
penalties, money damages, and injunctive or other equitable relief. 
Nothing in this chapter shall be deemed to abrogate or constitute a 
waiver of any sovereign immunity of a State or local government or 
Indian Tribe against any unconsented lawsuit under this chapter, or 
otherwise to restrict, expand, or modify any sovereign immunity of a 
State or local government or Indian Tribe.
    ``(3) The remedies under paragraphs (1) and (2) are an addition to 
any other remedies under Federal, State, local, Tribal, or other law.
    ``(4) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized State official 
to proceed in State court, or take other enforcement actions, on the 
basis of an alleged violation of State or other law.
    ``(5) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized Indian Tribal 
government official to proceed in Tribal court, or take other 
enforcement actions, on the basis of an alleged violation of Tribal 
law.
    ``(6) Nothing in this chapter shall be construed to expand, 
restrict, or otherwise modify any right of an authorized local 
government official to proceed in State court, or take other 
enforcement actions, on the basis of an alleged violation of local or 
other law.''.
    (h) Conforming and Clerical Amendments.--(1) The section heading 
for section 2343 of that title is amended to read as follows:
``Sec. 2343. Recordkeeping, reporting, and inspection''.
    (2) The section heading for section 2345 of such title is amended 
to read as follows:
``Sec. 2345. Effect on State, Tribal, and local law''.
    (3) The table of sections at the beginning of chapter 114 of that 
title is amended--
            (A) by striking the item relating to section 2343 and 
        inserting the following new item:

``2343. Recordkeeping, reporting, and inspection.'';
        and
            (B) by striking the item relating to section 2345 and 
        inserting the following new item:

``2345. Effect on State, Tribal, and local law.''.
    (4)(A) The heading for chapter 114 of that title is amended to read 
as follows:

   ``CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS 
                               TOBACCO''.

    (B) The table of chapters at the beginning of part I of that title 
is amended by striking the item relating to section 114 and inserting 
the following new item:

``114. Trafficking in contraband cigarettes and smokeless       2341''.
                            tobacco.

SEC. 605. COMPLIANCE WITH MODEL STATUTE OR QUALIFYING STATUTE.

    (a) In General.--A Tobacco Product Manufacturer or importer may not 
sell in, deliver to, or place for delivery sale, or cause to be sold 
in, delivered to, or placed for delivery sale in, a State that is a 
party to the Master Settlement Agreement any cigarette manufactured by 
a Tobacco Product Manufacturer that is not in full compliance with the 
terms of the Model Statute or Qualifying Statute enacted by such State 
requiring funds to be placed into a qualified escrow account under 
specified conditions, or any regulations promulgated pursuant to such 
terms.
    (b) Jurisdiction To Prevent and Restrain Violations.--(1) The 
United States district courts shall have jurisdiction to prevent and 
restrain violations of subsection (a) in accordance with this 
subsection.
    (2) A State, through its attorney general, may bring an action in 
the United States district courts to prevent and restrain violations of 
subsection (a) by any person (or by any person controlling such 
person).
    (3) In any action under paragraph (2), a State, through its 
attorney general, shall be entitled to reasonable attorney fees from a 
person found to have willfully and knowingly violated subsection (a).
    (4) The remedy available under paragraph (2) is in addition to any 
other remedies available under Federal, State, or other law.
    (5) Nothing in this subsection shall be construed to prohibit an 
authorized State official from proceeding in State court or taking 
other enforcement actions on the basis of an alleged violation of State 
or other law.
    (6) The Attorney General may administer and enforce subsection (a).
    (c) Definitions.--In this section:
            (1) Master settlement agreement.--The term ``Master 
        Settlement Agreement'' means the agreement executed November 
        23, 1998, by the Attorneys General of 46 States, the District 
        of Columbia, the Commonwealth of Puerto Rico, and four 
        Territories of the United States, on the one hand, and certain 
        tobacco manufacturers on the other hand.
            (2) Tobacco product manufacturer.--The term ``Tobacco 
        Product Manufacturer'' has the meaning given that term in 
        section II(uu) of the Master Settlement Agreement.
            (3) Importer.--The term ``importer'' means each of the 
        following:
                    (A) Any person in the United States to whom non-
                tax-paid tobacco products manufactured in a foreign 
                country, Puerto Rico, the Virgin Islands, or a 
                possession of the United States are shipped or 
                consigned.
                    (B) Any person who removes cigars or cigarettes for 
                sale or consumption in the United States from a customs 
                bonded manufacturing warehouse.
                    (C) Any person who smuggles or otherwise unlawfully 
                brings tobacco products into the United States.
            (4) Model statute; qualifying statute.--The terms ``Model 
        Statute'' and ``Qualifying Statute'' means a statute as defined 
        in section IX(d)(2)(e) of the Master Settlement Agreement.
            (5) Delivery sale.--The term ``delivery sale'' means any 
        sale of cigarettes or smokeless tobacco in interstate commerce 
        to a consumer if--
                    (A) the consumer submits the order for such sale by 
                means of a telephone or other method of voice 
                transmission, the mails, or the Internet or other 
                online service, or the seller is otherwise not in the 
                physical presence of the buyer when the request for 
                purchase or order is made; or
                    (B) the cigarettes or smokeless tobacco are 
                delivered by use of a common carrier, private delivery 
                service, or the mails, or the seller is not in the 
                physical presence of the buyer when the buyer obtains 
                personal possession of the delivered cigarettes or 
                smokeless tobacco.
            (6) Interstate commerce.--The term ``interstate commerce'' 
        means commerce between a State and any place outside the State, 
        commerce between a State and any Indian lands in the State, or 
        commerce between points in the same State but through any place 
        outside the State or through any Indian lands.

SEC. 606. UNDERCOVER CRIMINAL INVESTIGATIONS OF THE BUREAU OF ALCOHOL, 
              TOBACCO, FIREARMS, AND EXPLOSIVES.

    (a) In General.--(1) Commencing as of the date of the enactment of 
this Act and without fiscal year limitation, the authorities in section 
102(b) of the Department of Justice and Related Agencies Appropriations 
Act, 1993 (title I of Public Law 102-395; 106 Stat. 1838) shall be 
available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives 
for undercover investigative operations of the Bureau which are 
necessary for the detection and prosecution of crimes against the 
United States.
    (2) For purposes of the exercise of the authorities referred to in 
paragraph (1) by the Bureau, a reference in such section 102(b) to the 
Federal Bureau of Investigation shall be deemed to be a reference to 
the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and a 
reference to the Director of the Federal Bureau of Investigation shall 
be deemed to be a reference to the Director of the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives.
    (b) Limitations in Appropriations Acts.--The exercise of the 
authorities referred to in subsection (a)(1) by the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives shall be subject to the provisions of 
appropriations Acts.

SEC. 607. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND 
              EXPLOSIVES OF RECORDS OF CERTAIN CIGARETTE AND SMOKELESS 
              TOBACCO SELLERS.

    (a) In General.--Any officer of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives may, during normal business hours, enter the 
premises of any person described in subsection (b) for the purposes of 
inspecting--
            (1) any records or information required to be maintained by 
        such person under the provisions of law referred to in 
        subsection (d); or
            (2) any cigarettes or smokeless tobacco kept or stored by 
        such person at such premises.
    (b) Covered Persons.--A person described in this subsection is any 
person who engages in a delivery sale, and who ships, sells, 
distributes, or receives any quantity in excess of 10,000 cigarettes, 
or any quantity in excess of 500 single-unit consumer-sized cans or 
packages of smokeless tobacco, within a single month.
    (c) Relief.--(1) The district courts of the United States shall 
have the authority in a civil action under this subsection to compel 
inspections authorized by subsection (a).
    (2) Whoever violates subsection (a) or an order issued pursuant to 
paragraph (1) shall be subject to a civil penalty in an amount not to 
exceed $10,000 for each violation.
    (d) Covered Provisions of Law.--The provisions of law referred to 
in this subsection are as follows:
            (1) The Act of October 19, 1949 (15 U.S.C. 375; commonly 
        referred to as the ``Jenkins Act'').
            (2) Chapter 114 of title 18, United States Code.
            (3) This Act.
    (e) Delivery Sale Defined.--In this section, the term ``delivery 
sale'' has the meaning given that term in 2343(e)(1) of title 18, 
United States Code, as amended by section 4(b)(3) of this Act.

SEC. 608. COMPLIANCE WITH TARIFF ACT OF 1930.

    (a) Inapplicability of Exemptions From Requirements for Entry of 
Certain Cigarettes.--Subsection (b)(1) of section 802 of the Tariff Act 
of 1930 (19 U.S.C. 1681a) is amended by adding at the end the following 
new sentence: ``The preceding sentence shall not apply to any 
cigarettes sold in connection with a delivery sale (as that term is 
defined in section 1 of the Act of October 19, 1949 (15 U.S.C. 375; 
commonly referred to as the `Jenkins Act')).''.
    (b) State and Tribal Access to Customs Certifications.--Section 802 
of that Act is further amended by adding at the end the following new 
subsection:
    ``(d) State and Tribal Access to Customs Certifications.--A State, 
through its attorney general, and an Indian tribe (as that term is 
defined in the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b(e)) through its chief law enforcement officer, shall be 
entitled to obtain copies of any certification required pursuant to 
subsection (c) directly--
            ``(1) upon request to the agency of the United States 
        responsible for collecting such certification; or
            ``(2) upon request to the importer, manufacturer, or 
        authorized official of such importer or manufacturer.''.
    (c) Enforcement Provisions.--Section 803 of such Act (19 U.S.C. 
1681b) is amended--
            (1) in subsection (b)--
                    (A) in the first sentence--
                            (i) by inserting ``any of'' before ``the 
                        United States'' the first and second places it 
                        appears; and
                            (ii) by inserting before the period the 
                        following: ``, to any State in which such 
                        tobacco product, cigarette papers, or tube was 
                        imported, or to the Indian Tribe of any Indian 
                        Country (as that term is defined in section 
                        1151 of title 18, United States Code) in which 
                        such tobacco product, cigarette papers, or tube 
                        was imported''; and
                    (B) in the second sentence, by inserting ``, or to 
                any State or Indian Tribe,'' after ``the United 
                States''; and
            (2) by adding at the end the following new subsection:
    ``(c) Actions by States and Others.--
            ``(1) In general.--Any person who holds a permit under 
        section 5712 of the Internal Revenue Code of 1986 may bring an 
        action in the United States district courts to prevent and 
        restrain violations of this title by any person (or by any 
        person controlling such person), other than by a State, local, 
        or Tribal government.
            ``(2) Relief for state, local, and tribal governments.--A 
        State, through its attorney general, or a local government or 
        Tribe through its chief law enforcement officer (or a designee 
        thereof), may in a civil action under this title to prevent and 
        restrain violations of this title by any person (or by any 
        person controlling such person) or to obtain any other 
        appropriate relief for violations of this title by any person 
        (or from any person controlling such person), including civil 
        penalties, money damages, and injunctive or other equitable 
        relief.
            ``(3) Construction generally.--
                    ``(A) In general.--Nothing in this subsection shall 
                be deemed to abrogate or constitute a waiver of any 
                sovereign immunity of a State or local government or 
                Indian Tribe against any unconsented lawsuit under this 
                title or to otherwise restrict, expand, of modify any 
                sovereign immunity of a State local government or 
                Indian Tribe.
                    ``(B) Construction with other relief.--The remedies 
                available under this subsection are in addition to any 
                other remedies available under Federal, State, local, 
                Tribal, or other law.
            ``(4) Construction with forfeiture provisions.--Nothing in 
        this subsection shall be construed to require a State or Indian 
        Tribe to first bring an action pursuant to paragraph (1) when 
        pursuing relief under subsection (b).
    ``(d) Construction With Other Authorities.--
            ``(1) State authorities.--Nothing in this title shall be 
        construed to expand, restrict, or otherwise modify the right of 
        an authorized State official from proceeding in State court, or 
        taking other enforcement actions, on the basis of alleged 
        violation of State or other law.
            ``(2) Tribal authorities.--Nothing in this title shall be 
        construed to expand, restrict, or otherwise modify the right of 
        an authorized Indian Tribal government official from proceeding 
        in Tribal court, or taking other enforcement actions, on the 
        basis of alleged violation of Tribal law.
    (d) Inclusion of Smokeless Tobacco.--(1) Sections 802 and 803(a) of 
such Act are further amended by inserting ``or smokeless tobacco 
products'' after ``cigarettes'' each place it appears.
    (2) Section 802 of such Act is further amended--
            (A) in subsection (a)--
                    (i) in paragraph (1), by inserting ``or section 4 
                of the Comprehensive Smokeless Tobacco Health Education 
                Act of 1986 (15 U.S.C. 4403), respectively'' after 
                ``section 7 of the Federal Cigarette Labeling and 
                Advertising Act (15 U.S.C. 1335a)'';
                    (ii) in paragraph (2), by inserting ``or section 3 
                of the Comprehensive Smokeless Tobacco Health Education 
                Act of 1986 (15 U.S.C. 4402), respectively,'' after 
                ``section 4 of the Federal Cigarette Labeling and 
                Advertising Act (15 U.S.C. 1333)''; and
                    (iii) in paragraph (3), by inserting ``or section 
                3(c) of the Comprehensive Smokeless Tobacco Health 
                Education Act of 1986 (15 U.S.C. 4402(c)), 
                respectively,'' after ``section 4(c) of the Federal 
                Cigarette Labeling and Advertising Act (15 U.S.C. 
                1333(c))'';
            (B) in subsection (b)--
                    (i) in the paragraph caption of paragraph (1), by 
                inserting ``or smokeless tobacco'' after 
                ``cigarettes''; and
                    (ii) in the paragraph caption of paragraphs (2) and 
                (3), by inserting ``or smokeless tobacco'' after 
                ``Cigarettes''; and
            (C) in subsection (c)--
                    (i) in the subsection caption, by inserting ``or 
                Smokeless Tobacco'' after ``Cigarette'';
                    (ii) in paragraph (1), by inserting ``or section 4 
                of the Comprehensive Smokeless Tobacco Health Education 
                Act of 1986 (15 U.S.C. 4403), respectively'' after 
                ``section 7 of the Federal Cigarette Labeling and 
                Advertising Act (15 U.S.C. 1335a)'';
                    (iii) in paragraph (2)(A), ``or section 3 of the 
                Comprehensive Smokeless Tobacco Health Education Act of 
                1986 (15 U.S.C. 4402), respectively,'' after ``section 
                4 of the Federal Cigarette Labeling and Advertising Act 
                (15 U.S.C. 1333)''; and
                    (iv) in paragraph (2)(B), by inserting ``or section 
                3(c) of the Comprehensive Smokeless Tobacco Health 
                Education Act of 1986 (15 U.S.C. 4402(c)), 
                respectively'' after ``section 4(c) of the Federal 
                Cigarette Labeling and Advertising Act (15 U.S.C. 
                1333(c))''.
    (3) Section 803(c) of such Act, as amended by subsection (b)(1) of 
this section, is further amended by inserting ``, or any smokeless 
tobacco product,'' after ``or tube'' the first place it appears.
    (4)(A) The heading of title VIII of such Act is amended by 
inserting ``AND SMOKELESS TOBACCO'' after ``CIGARETTES''.
    (B) The heading of section 802 of such Act is amended by inserting 
``AND SMOKELESS TOBACCO'' after ``CIGARETTES''.

SEC. 609. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS.

    (a) In General.--Nothing in this Act or the amendments made by this 
Act is intended nor shall be construed to affect, amend, or modify--
            (1) any agreements, compacts, or other intergovernmental 
        arrangements between any State or local government and any 
        government of an Indian tribe (as that term is defined in the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b(e)) relating to the collection of taxes on 
        cigarettes or smokeless tobacco sold in Indian Country (as that 
        term is defined section 1151 of title 18, United States Code);
            (2) any State laws that authorize or otherwise pertain to 
        any such intergovernmental arrangements or create special rules 
        or procedures for the collection of State, local, or tribal 
        taxes on cigarettes or smokeless tobacco sold in Indian 
        Country;
            (3) any limitations under existing Federal law, including 
        Federal common law and treaties, on State, local, and tribal 
        tax and regulatory authority with respect to the sale, use, or 
        distribution of cigarettes and smokeless tobacco by or to 
        Indian Tribes or tribal members or in Indian Country;
            (4) any existing Federal law, including Federal common law 
        and treaties, regarding State jurisdiction, or lack thereof, 
        over any Tribe, tribal members or tribal reservations; and
            (5) any existing State or local government authority to 
        bring enforcement actions against persons located in Indian 
        Country.
    (b) Coordination of Law Enforcement.--Nothing in this Act or the 
amendments made by this Act shall be construed to inhibit or otherwise 
affect any coordinated law enforcement effort by 1 or more States or 
other jurisdictions, including Indian Tribes, through interstate 
compact or otherwise, that--
            (1) provides for the administration of tobacco product laws 
        or laws pertaining to interstate sales or other sales of 
        tobacco products;
            (2) provides for the seizure of tobacco products or other 
        property related to a violation of such laws; or
            (3) establishes cooperative programs for the administration 
        of such laws.
    (c) Treatment of State and Local Governments.--Notwithstanding any 
other provision of this Act, the provisions of this Act are not 
intended and shall not be construed to authorize, deputize, or 
commission States or local governments as instrumentalities of the 
United States.
    (d) Enforcement Within Indian Country.--Nothing in this Act or the 
amendments made by this Act is intended to prohibit, limit, or restrict 
enforcement by the Attorney General of the United States of the 
provisions herein within Indian Country.
    (e) Ambiguity.--Any ambiguity between the language of this section 
or its application, and any other provision of this Act shall be 
resolved in favor of this section.

SEC. 610. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act 
shall take effect 90 days after the date of the enactment of this Act.
    (b) BATFE Authority.--
            (1) In general.--Sections 6 and 7 shall take effect on the 
        date of the enactment of this Act.
            (2) Definition.--For purposes of section 7, the definition 
        of delivery sale in section 2343(e)(1) of title 18, United 
        States Code, as amended by section 4(b)(3) of this Act, shall 
        take effect on the date of the enactment of this Act.

                         TITLE VII--CREATE ACT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Cooperative Research and 
Technology Enhancement of 2004'' or the ``CREATE Act''.

SEC. 702. COLLABORATIVE EFFORTS ON CLAIMED INVENTIONS.

    Section 103(c) of title 35, United States Code, is amended to read 
as follows:
    ``(c)(1) Subject matter developed by another person, which 
qualifies as prior art only under 1 or more of subsections (e), (f), 
and (g) of section 102 of this title, shall not preclude patentability 
under this section where the subject matter and the claimed invention 
were, at the time the claimed invention was made, owned by the same 
person or subject to an obligation of assignment to the same person.
    ``(2) For purposes of this subsection, subject matter developed by 
another person and a claimed invention shall be deemed to have been 
owned by the same person or subject to an obligation of assignment to 
the same person if--
            ``(A) the claimed invention was made by or on behalf of 
        parties to a joint research agreement that was in effect on or 
        before the date the claimed invention was made;
            ``(B) the claimed invention was made as a result of 
        activities undertaken within the scope of the joint research 
        agreement; and
            ``(C) the application for patent for the claimed invention 
        discloses or is amended to disclose the names of the parties to 
        the joint research agreement.
    ``(3) For purposes of paragraph (2), the term `joint research 
agreement' means a written contract, grant, or cooperative agreement 
entered into by 2 or more persons or entities for the performance of 
experimental, developmental, or research work in the field of the 
claimed invention.''.

SEC. 703. EFFECTIVE DATE.

    (a) In General.--The amendments made by this title shall apply to 
any patent granted on or after the date of enactment of this Act.
    (b) Special Rule.--The amendments made by this title shall not 
affect any final decision of a court or the United States Patent and 
Trademark Office rendered before the date of enactment of this title, 
and shall not affect the right of any party in any action pending 
before the United States Patent and Trademark Office or a court on the 
date of enactment of this Act to have that party's rights determined on 
the basis of the provisions of title 35, United States Code, in effect 
on the day before the date of enactment of this title.

     TITLE VIII--PROTECTING INTELLECTUAL RIGHTS AGAINST THEFT AND 
                       EXPROPRIATION ACT OF 2004

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Protecting Intellectual Rights 
Against Theft and Expropriation Act of 2004''.

SEC. 802. AUTHORIZATION OF CIVIL COPYRIGHT ENFORCEMENT BY ATTORNEY 
              GENERAL.

    (a) In General.--Chapter 5 of title 17, United States Code, is 
amended by inserting after section 506 the following:
``Sec. 506a. Civil penalties for violations of section 506
    ``(a) In General.--The Attorney General may commence a civil action 
in the appropriate United States district court against any person who 
engages in conduct constituting an offense under section 506. Upon 
proof of such conduct by a preponderance of the evidence, such person 
shall be subject to a civil penalty under section 504 which shall be in 
an amount equal to the amount which would be awarded under section 
3663(a)(1)(B) of title 18 and restitution to the copyright owner 
aggrieved by the conduct.
    ``(b) Other Remedies.--
            ``(1) In general.--Imposition of a civil penalty under this 
        section does not preclude any other criminal or civil 
        statutory, injunctive, common law or administrative remedy, 
        which is available by law to the United States or any other 
        person;
            ``(2) Offset.--Any restitution received by a copyright 
        owner as a result of a civil action brought under this section 
        shall be offset against any award of damages in a subsequent 
        copyright infringement civil action by that copyright owner for 
        the conduct that gave rise to the civil action brought under 
        this section.''.
    (b) Damages and Profits.--Section 504 of title 17, United States 
Code, is amended--
            (1) in subsection (b)--
                    (A) in the first sentence--
                            (i) by inserting ``, or the Attorney 
                        General in a civil action,'' after ``The 
                        copyright owner''; and
                            (ii) by striking ``him or her'' and 
                        inserting ``the copyright owner''; and
                    (B) in the second sentence by inserting ``, or the 
                Attorney General in a civil action,'' after ``the 
                copyright owner''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, or the 
                Attorney General in a civil action,'' after ``the 
                copyright owner''; and
                    (B) in paragraph (2), by inserting ``, or the 
                Attorney General in a civil action,'' after ``the 
                copyright owner''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 5 of title 17, United States Code, is amended by inserting 
after the item relating to section 506 the following:

``506a. Civil penalties for violations of section 506.''.

SEC. 803. AUTHORIZATION OF FUNDING FOR TRAINING AND PILOT PROGRAM.

    (a) Training and Pilot Program.--Not later than 180 days after 
enactment of this Act, the Attorney General shall develop a program to 
ensure effective implementation and use of the authority for civil 
enforcement of the copyright laws by--
            (1) establishing training programs, including practical 
        training and written materials, for qualified personnel from 
        the Department of Justice and United States Attorneys Offices 
        to educate and inform such personnel about--
                    (A) resource information on intellectual property 
                and the legal framework established both to protect and 
                encourage creative works as well as legitimate uses of 
                information and rights under the first amendment of the 
                United States Constitution;
                    (B) the technological challenges to protecting 
                digital copyrighted works from online piracy;
                    (C) guidance on and support for bringing copyright 
                enforcement actions against persons engaging in 
                infringing conduct, including model charging documents 
                and related litigation materials;
                    (D) strategic issues in copyright enforcement 
                actions, including whether to proceed in a criminal or 
                a civil action;
                    (E) how to employ and leverage the expertise of 
                technical experts in computer forensics;
                    (F) the collection and preservation of electronic 
                data in a forensically sound manner for use in court 
                proceedings;
                    (G) the role of the victim copyright owner in 
                providing relevant information for enforcement actions 
                and in the computation of damages; and
                    (H) the appropriate use of injunctions, 
                impoundment, forfeiture, and related authorities in 
                copyright law;
            (2) designating personnel from at least 4 United States 
        Attorneys Offices to participate in a pilot program designed to 
        implement the civil enforcement authority of the Attorney 
        General under section 506a of title 17, United States Code, as 
        added by this Act; and
            (3) reporting to Congress annually on--
                    (A) the use of the civil enforcement authority of 
                the Attorney General under section 506a of title 17, 
                United States Code, as added by this Act; and
                    (B) the progress made in implementing the training 
                and pilot programs described under paragraphs (1) and 
                (2) of this subsection.
    (b) Annual Report.--The report under subsection (a)(3) may be 
included in the annual performance report of the Department of Justice 
and shall include--
            (1) with respect to civil actions filed under section 506a 
        of title 17, United States Code, as added by this Act--
                    (A) the number of investigative matters received by 
                the Department of Justice and United States Attorneys 
                Offices;
                    (B) the number of defendants involved in those 
                matters;
                    (C) the number of civil actions filed and the 
                number of defendants involved;
                    (D) the number of civil actions resolved or 
                terminated;
                    (E) the number of defendants involved in those 
                civil actions;
                    (F) the disposition of those civil actions, 
                including whether the civil actions were settled, 
                dismissed, or resolved after a trial;
                    (G) the dollar value of any civil penalty imposed 
                and the amount remitted to any copyright owner; and
                    (H) other information that the Attorney General may 
                consider relevant to inform Congress on the effective 
                use of the civil enforcement authority;
            (2) a description of the training program and the number of 
        personnel who participated in the program; and
            (3) the locations of the United States Attorneys Offices 
        designated to participate in the pilot program.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for fiscal year 2005 to carry out this section.

                   TITLE IX--KOBY MANDELL ACT OF 2004

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Koby Mandell Act of 2004''.

SEC. 902. FINDINGS.

    Congress finds the following:
            (1) Numerous American citizens have been murdered or maimed 
        by terrorists around the world, including more than 100 
        murdered since 1968 in terrorist attacks occurring in Israel or 
        in territories administered by Israel or in territories 
        administered by the Palestinian Authority.
            (2) Some American citizens who have been victims of 
        terrorism overseas, especially those harmed by terrorists 
        operating from areas administered by the Palestinian Authority, 
        have not received from the United States Government services 
        equal to those received by other such victims of overseas 
        terrorism.
            (3) The United States Government has not devoted adequate 
        efforts or resources to the apprehension of terrorists who have 
        harmed American citizens overseas, particularly in cases 
        involving terrorists operating from areas administered by the 
        Palestinian Authority. Monetary rewards for information leading 
        to the capture of terrorists overseas, which the Government 
        advertises in regions where the terrorists are believed to be 
        hiding, have not been advertised in areas administered by the 
        Palestinian Authority.
            (4) This situation is especially grave in the areas 
        administered by the Palestinian Authority, because many 
        terrorists involved in the murders of Americans are walking 
        free there; some of these terrorists have been given positions 
        in the Palestinian Authority security forces or other official 
        Palestinian Authority agencies; and a number of schools, 
        streets, and other public sites have been named in honor of 
        terrorists who were involved in the murders of Americans.
            (5) To remedy these and related problems, an office should 
        be established within the Department of Justice for the purpose 
        of ensuring equally vigorous efforts to capture all terrorists 
        who have harmed American citizens overseas and equal treatment 
        for all American victims of overseas terrorism.

SEC. 903. ESTABLISHMENT OF AN OFFICE OF JUSTICE FOR VICTIMS OF OVERSEAS 
              TERRORISM IN THE DEPARTMENT OF JUSTICE.

    (a) In General.--There is established within the Department of 
Justice an Office of Justice for Victims of Overseas Terrorism (in this 
Act referred to as the ``Office'') to carry out the following 
activities:
            (1) Rewards for justice.--
                    (A) In general.--The Office shall assume 
                responsibility for administration of the Rewards for 
                Justice program and its website.
                    (B) Administration.--In administering the Rewards 
                for Justice program the Office shall ensure that--
                            (i) rewards are offered to capture all 
                        terrorists involved in harming American 
                        citizens overseas, regardless of the 
                        terrorists' country of origin or residence;
                            (ii) such rewards are prominently 
                        advertised in the mass media and public sites 
                        in all countries or regions where such 
                        terrorists reside;
                            (iii) the names and photographs and 
                        suspects in all such cases are included on the 
                        website; and
                            (iv) the names of the specific 
                        organizations claiming responsibility for 
                        terrorist attacks mentioned on the site are 
                        included in the descriptions of those attacks.
            (2) Notification program.--The Office shall establish and 
        administer a program--
                    (A) comparable to the VINE system for notification 
                of crime victims; and
                    (B) that will provide notification for American 
                victims of overseas terrorism or their immediate family 
                to update them on the status of efforts to capture the 
                terrorists who harmed them.
            (3) Government representation.--The Office shall send an 
        official United States Government representative to attend the 
        funeral of every American victim of terrorism overseas.
            (4) Report.--The Office shall assume responsibility for 
        providing twice-annual reports to Congress as required by 
        section 805 of the Admiral James W. Nance and Meg Donovan 
        Foreign Relations Authorization Act, Fiscal Years 2000 and 
        2001.
            (5) Profiting from crimes.--The Office shall work with 
        other United States Government agencies to expand legal 
        restrictions on the ability of murderers to reap profits from 
        books or movies concerning their crimes so as to ensure that 
        terrorists who harm American citizens overseas are unable to 
        profit from book or movie sales in the United States.
            (6) Terrorists as police.--The Office shall--
                    (A) determine if terrorists who have harmed 
                American citizens overseas are serving in their local 
                police or security forces; and
                    (B) if it is found that terrorists who have harmed 
                American citizens overseas are serving in their local 
                police or security forces--
                            (i) alert those United States Government 
                        agencies involved in providing assistance, 
                        directly or indirectly, to those forces; and
                            (ii) request of those agencies that all 
                        such assistance be halted until the 
                        aforementioned terrorists are removed from 
                        their positions.
            (7) Patterns of prosecution.--The Office shall--
                    (A) undertake a comprehensive assessment of the 
                pattern of United States indictments and prosecution of 
                terrorists who have harmed American citizens overseas, 
                in order to determine the reasons for the absence of 
                indictments of terrorists residing in some regions, 
                such as the territories controlled by the Palestinian 
                Authority; and
                    (B) provide the assessment to the Attorney General 
                and to Congress, together with its recommendations.
            (8) Monitoring.--The Office shall--
                    (A) monitor public actions by governments and 
                regimes overseas pertaining to terrorists who have 
                harmed American citizens, such as the naming of 
                schools, streets, or other public institutions or sites 
                after such terrorists; and
                    (B) in such instances, encourage other United 
                States Government agencies to halt their provision of 
                assistance, directly or indirectly, to those 
                institutions.
            (9) Compensation.--The Office shall initiate negotiations 
        to secure appropriate financial compensation for American 
        citizens, or the families of such citizens, who were harmed by 
        organizations that claim responsibility for acts of terrorism 
        against Americans overseas and that subsequently become part of 
        a governing regime with which the United States Government 
        maintains diplomatic or other official contacts, such as the 
        Palestinian Authority.
            (10) Incarcerated terrorists.--The Office shall--
                    (A) monitor the incarceration abroad of terrorists 
                who harmed Americans overseas, to ensure that their 
                conditions of incarceration are reasonably similar to 
                conditions of incarceration in the United States; and
                    (B) in cases where terrorists who have harmed 
                Americans overseas, and are subsequently released from 
                incarceration abroad, are eligible for further 
                prosecution in the United States, coordinate with other 
                Government agencies to seek the transfer of those 
                terrorists to the United States for further 
                prosecution.
            (11) Persona non grata.--The Office shall strive to ensure 
        that all terrorists who have harmed Americans overseas are 
        treated by the United States Government as persona non grata, 
        including steps such as--
                    (A) denying those individuals visas for entry to 
                the United States;
                    (B) urging United States Government agencies to 
                refrain from political and diplomatic contacts with 
                those individuals; and
                    (C) instructing United States embassies and 
                consulates to urge American visitors to those countries 
                to refrain from patronizing businesses that are owned 
                or operated by such individuals.

SEC. 904. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for fiscal 
year 2005 and each subsequent fiscal year such sums as may be necessary 
to carry out this title.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

                   TITLE X--SENIOR SAFETY ACT OF 2004

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Seniors Safety Act of 2004''.

SEC. 1002. FINDINGS AND PURPOSES.

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

SEC. 1003. DEFINITIONS.

    In this title:
            (1) Crime.--The term ``crime'' means any criminal offense 
        under Federal or State law.
            (2) Senior.--The term ``senior'' means an individual who is 
        more than 55 years of age.

              Subtitle A--Combating Crimes Against Seniors

SEC. 1011. ENHANCED SENTENCING PENALTIES BASED ON AGE OF VICTIM.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission (referred to in this section as the ``Commission'') shall 
review and, if appropriate, amend section 3A1.1(a) of the Federal 
sentencing guidelines to include the age of a crime victim as one of 
the criteria for determining whether the application of a sentencing 
enhancement is appropriate.
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the Federal sentencing guidelines and the 
        policy statements of the Commission reflect the serious 
        economic and physical harms associated with criminal activity 
        targeted at seniors due to their particular vulnerability;
            (2) consider providing increased penalties for persons 
        convicted of offenses in which the victim was a senior in 
        appropriate circumstances;
            (3) consult with individuals or groups representing 
        seniors, law enforcement agencies, victims organizations, and 
        the Federal judiciary as part of the review described in 
        subsection (a);
            (4) ensure reasonable consistency with other Federal 
        sentencing guidelines and directives;
            (5) account for any aggravating or mitigating circumstances 
        that may justify exceptions, including circumstances for which 
the Federal sentencing guidelines provide sentencing enhancements;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing set forth in section 
3553(a)(2) of title 18, United States Code.
    (c) Report.--Not later than December 31, 2004, the Commission shall 
submit to Congress a report on issues relating to the age of crime 
victims, which shall include--
            (1) an explanation of any changes to sentencing policy made 
        by the Commission under this section; and
            (2) any recommendations of the Commission for retention or 
        modification of penalty levels, including statutory penalty 
        levels, for offenses involving seniors.

SEC. 1012. STUDY AND REPORT ON HEALTH CARE FRAUD SENTENCES.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission (referred to in this section as the ``Commission'') shall 
review and, if appropriate, amend the Federal sentencing guidelines and 
the policy statements of the Commission with respect to persons 
convicted of offenses involving fraud in connection with a health care 
benefit program (as defined in section 24(b) of title 18, United States 
Code).
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the Federal sentencing guidelines and the 
        policy statements of the Commission reflect the serious harms 
        associated with health care fraud and the need for aggressive 
        and appropriate law enforcement action to prevent such fraud;
            (2) consider providing increased penalties for persons 
        convicted of health care fraud in appropriate circumstances;
            (3) consult with individuals or groups representing victims 
        of health care fraud, law enforcement agencies, the health care 
        industry, and the Federal judiciary as part of the review 
        described in subsection (a);
            (4) ensure reasonable consistency with other Federal 
        sentencing guidelines and directives;
            (5) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the Federal sentencing guidelines provide sentencing 
        enhancements;
            (6) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (7) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing as set forth in 
        section 3553(a)(2) of title 18, United States Code.
    (c) Report.--Not later than December 31, 2004, the Commission shall 
submit to Congress a report on issues relating to offenses described in 
subsection (a), which shall include--
            (1) an explanation of any changes to sentencing policy made 
        by the Commission under this section; and
            (2) any recommendations of the Commission for retention or 
        modification of penalty levels, including statutory penalty 
        levels, for those offenses.

SEC. 1013. INCREASED PENALTIES FOR FRAUD RESULTING IN SERIOUS INJURY OR 
              DEATH.

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

SEC. 1014. SAFEGUARDING PENSION PLANS FROM FRAUD AND THEFT.

    (a) In General.--Chapter 63 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1351. Fraud in relation to retirement arrangements
    ``(a) Definitions.--
            ``(1) Retirement arrangement.--In this section, the term 
        `retirement arrangement' means--
                    ``(A) any employee pension benefit plan subject to 
                any provision of title I of the Employee Retirement 
                Income Security Act of 1974;
                    ``(B) any qualified retirement plan within the 
                meaning of section 4974(c) of the Internal Revenue Code 
                of 1986;
                    ``(C) any medical savings account described in 
                section 220 of the Internal Revenue Code of 1986; or
                    ``(D) a fund established within the Thrift Savings 
                Fund by the Federal Retirement Thrift Investment Board 
                pursuant to subchapter III of chapter 84 of title 5.
            ``(2) Certain arrangements included.--The term `retirement 
        arrangement' shall include any arrangement that has been 
        represented to be an arrangement described in any subparagraph 
        of paragraph (1) (whether or not so described).
            ``(3) Exception for governmental plan.--Except as provided 
        in paragraph (1)(D), the term `retirement arrangement' shall 
        not include any governmental plan (as defined in section 3(32) 
        of title I of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1002(32))).
    ``(b) Prohibition and Penalties.--Whoever executes, or attempts to 
execute, a scheme or artifice--
            ``(1) to defraud any retirement arrangement or other person 
        in connection with the establishment or maintenance of a 
        retirement arrangement; or
            ``(2) to obtain, by means of false or fraudulent pretenses, 
        representations, or promises, any of the money or property 
        owned by, or under the custody or control of, any retirement 
        arrangement or other person in connection with the 
        establishment or maintenance of a retirement arrangement;
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(c) Enforcement.--
            ``(1) In general.--Subject to paragraph (2), the Attorney 
        General may investigate any violation of, and otherwise 
        enforce, this section.
            ``(2) Effect on other authority.--Nothing in this 
        subsection may be construed to preclude the Secretary of Labor 
        or the head of any other appropriate Federal agency from 
        investigating a violation of this section in relation to a 
        retirement arrangement subject to title I of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) 
        or any other provision of Federal law.''.
    (b) Technical Amendment.--Section 24(a)(1) of title 18, United 
States Code, is amended by inserting ``1351,'' after ``1347,''.
    (c) Conforming Amendment.--The analysis for chapter 63 of title 18, 
United States Code, is amended by adding at the end the following:

``1351. Fraud in relation to retirement arrangements.''.

SEC. 1015. ADDITIONAL CIVIL PENALTIES FOR DEFRAUDING PENSION PLANS.

    (a) In General.--
            (1) Action by attorney general.--Except as provided in 
        subsection (b)--
                    (A) the Attorney General may bring a civil action 
                in the appropriate district court of the United States 
                against any person who engages in conduct constituting 
                an offense under section 1351 of title 18, United 
                States Code, or conspiracy to violate such section 
                1351; and
                    (B) upon proof of such conduct by a preponderance 
                of the evidence, such person shall be subject to a 
                civil penalty in an amount equal to the greatest of--
                            (i) the amount of pecuniary gain to that 
                        person;
                            (ii) the amount of pecuniary loss sustained 
                        by the victim; or
                            (iii) not more than--
                                    (I) $50,000 for each such violation 
                                in the case of an individual; or
                                    (II) $100,000 for each such 
                                violation in the case of a person other 
                                than an individual.
            (2) No effect on other remedies.--The imposition of a civil 
        penalty under this subsection does not preclude any other 
        statutory, common law, or administrative remedy available by 
        law to the United States or any other person.
    (b) Exception.--No civil penalty may be imposed pursuant to 
subsection (a) with respect to conduct involving a retirement 
arrangement that--
            (1) is an employee pension benefit plan subject to title I 
        of the Employee Retirement Income Security Act of 1974; and
            (2) for which the civil penalties may be imposed under 
        section 502 of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1132).
    (c) Determination of Penalty Amount.--In determining the amount of 
the penalty under subsection (a), the district court may consider the 
effect of the penalty on the violator or other person's ability to--
            (1) restore all losses to the victims; or
            (2) provide other relief ordered in another civil or 
        criminal prosecution related to such conduct, including any 
        penalty or tax imposed on the violator or other person pursuant 
        to the Internal Revenue Code of 1986.

SEC. 1016. PUNISHING BRIBERY AND GRAFT IN CONNECTION WITH EMPLOYEE 
              BENEFIT PLANS.

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

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

               Subtitle B--Preventing Telemarketing Fraud

SEC. 1021. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR 
              VICTIMS OF TELEMARKETING FRAUD.

    (a) Centralized Service.--
            (1) Requirement.--The Federal Trade Commission shall, after 
        consultation with the Attorney General, establish procedures 
        to--
                    (A) log the receipt of complaints by individuals 
                who claim that they have been the victim of fraud in 
                connection with the conduct of telemarketing (as that 
                term is defined in section 2325 of title 18, United 
                States Code, as amended by section 1122(a) of this 
                title);
                    (B) provide to individuals described in 
                subparagraph (A), and to any other persons, if 
                requested, information on telemarketing fraud, 
                including--
                            (i) general information on telemarketing 
                        fraud, including descriptions of the most 
                        common telemarketing fraud schemes;
                            (ii) information on means of referring 
                        complaints on telemarketing fraud to 
                        appropriate law enforcement agencies, including 
                        the Director of the Federal Bureau of 
                        Investigation, the attorneys general of the 
                        States, and the national toll-free telephone 
                        number on telemarketing fraud established by 
                        the Attorney General; and
                            (iii) information, if available, on any 
                        record of civil or criminal law enforcement 
                        action for telemarketing fraud against a 
                        particular company for which a specific request 
                        has been made; and
                    (C) refer complaints described in subparagraph (A), 
                as appropriate, to law enforcement authorities, 
                including State consumer protection agencies or 
                entities, for potential action.
            (2) Commencement.--The Federal Trade Commission shall 
        commence carrying out the service not later than 1 year after 
        the date of enactment of this Act.
    (b) Fraud Conviction Data.--
            (1) Entry of information on convictions into ftc 
        database.--The Attorney General shall provide information on 
        the corporations and companies that are the subject of civil or 
        criminal law enforcement action for telemarketing fraud under 
        Federal and State law to the Federal Trade Commission in such 
        electronic format as will enable the Federal Trade Commission 
        to automatically enter the information into a database 
        maintained in accordance with subsection (a).
            (2) Information.--The information described in paragraph 
        (1) shall include a description of the type and method of the 
        fraud scheme that prompted the law enforcement action against 
        each such corporation or company.
            (3) Use of database.--The Attorney General shall make 
        information in the database available to the Federal Trade 
        Commission for purposes of providing information as part of the 
        service under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 1022. BLOCKING OF TELEMARKETING SCAMS.

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

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

  TITLE XI--FEDERAL PROSECUTORS RETIREMENT BENEFIT EQUITY ACT OF 2004

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Federal Prosecutors Retirement 
Benefit Equity Act of 2004''.

SEC. 1102. RETIREMENT TREATMENT OF FEDERAL PROSECUTORS.

    (a) Civil Service Retirement System.--
            (1) Federal prosecutor defined.--Section 8331 of title 5, 
        United States Code, is amended--
                    (A) in paragraph (27), by striking ``and'' at the 
                end;
                    (B) in paragraph (28), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(29) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under 
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States.''.
            (2) Retirement treatment.--
                    (A) In general.--Chapter 83 of title 5, United 
                States Code, is amended by adding after section 8351 
                the following:
``Sec. 8352. Federal prosecutors
    ``Except as provided under the Federal Prosecutors Retirement 
Benefit Equity Act of 2004 (including the provisions relating to the 
nonapplicability of mandatory separation requirements under section 
8335(b) and 8425(b) of this title), a Federal prosecutor shall be 
treated in the same manner and to the same extent as a law enforcement 
officer for purposes of this chapter.''.
                    (B) Technical and conforming amendment.--The table 
                of sections for chapter 83 of title 5, United States 
                Code, is amended by inserting after the item relating 
                to section 8351 the following:

``8352. Federal prosecutors.''.
    (b) Federal Employees' Retirement System.--
            (1) Federal prosecutor defined.--Section 8401 of title 5, 
        United States Code, is amended--
                    (A) in paragraph (33), by striking ``and'' at the 
                end;
                    (B) in paragraph (34), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(35) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under 
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States.''.
            (2) Retirement treatment.--Section 8402 of title 5, United 
        States Code, is amended by adding at the end the following:
    ``(h) Except as provided under the Federal Prosecutors Retirement 
Benefit Equity Act of 2004 (including the provisions relating to the 
nonapplicability of mandatory separation requirements under section 
8335(b) and 8425(b) of this title), a Federal prosecutor shall be 
treated in the same manner and to the same extent as a law enforcement 
officer for purposes of this chapter.''.
    (c) Mandatory separation.--Sections 8335(b) and 8425(b) of title 5, 
United States Code, are amended by adding at the end of each the 
following: ``The preceding provisions of this subsection shall not 
apply in the case of a Federal prosecutor as defined under section 
8331(29) or 8401(35).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first applicable pay period beginning on 
or after 120 days after the date of enactment of this Act.

SEC. 1103. PROVISIONS RELATING TO INCUMBENTS.

    (a) Definitions.--In this section, the term--
            (1) ``Federal prosecutor'' means--
                    (A) an assistant United States attorney under 
                section 542 of title 28, United States Code; or
                    (B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States; and
            (2) ``incumbent'' means an individual who is serving as a 
        Federal prosecutor on the effective date of this section.
    (b) Designated Attorneys.--If the Attorney General of the United 
States makes any designation of an attorney to meet the definition 
under subsection (a)(1)(B) for purposes of being an incumbent under 
this section--
            (1) such designation shall be made before the effective 
        date of this section; and
            (2) the Attorney General shall submit to the Office of 
        Personnel Management before that effective date--
                    (A) the name of the individual designated; and
                    (B) the period of service performed by that 
                individual as a Federal prosecutor before that 
                effective date.
    (c) Notice Requirement.--Not later than 9 months after the date of 
enactment of this title, the Department of Justice shall take measures 
reasonably designed to provide notice to incumbents on--
            (1) their election rights under this title; and
            (2) the effects of making or not making a timely election 
        under this title.
    (d) Election Available to Incumbents.--
            (1) In general.--An incumbent may elect, for all purposes, 
        to be treated--
                    (A) in accordance with the amendments made by this 
                title; or
                    (B) as if this title had never been enacted.
            (2) Failure to elect.--Failure to make a timely election 
        under this subsection shall be treated in the same way as an 
        election under paragraph (1)(A), made on the last day allowable 
        under paragraph (3).
            (3) Time limitation.--An election under this subsection 
        shall not be effective unless the election is made not later 
        than the earlier of--
                    (A) 120 days after the date on which the notice 
                under subsection (c) is provided; or
                    (B) the date on which the incumbent involved 
                separates from service.
    (e) Limited Retroactive Effect.--
            (1) Effect on retirement.--In the case of an incumbent who 
        elects (or is deemed to have elected) the option under 
        subsection (d)(1)(A), all service performed by that individual 
        as a Federal prosecutor shall--
                    (A) to the extent performed on or after the 
                effective date of that election, be treated in 
                accordance with applicable provisions of subchapter III 
                of chapter 83 or chapter 84 of title 5, United States 
                Code, as amended by this title; and
                    (B) to the extent performed before the effective 
                date of that election, be treated in accordance with 
                applicable provisions of subchapter III of chapter 83 
                or chapter 84 of such title, as if the amendments made 
                by this title had then been in effect.
            (2) No other retroactive effect.--Nothing in this title 
        (including the amendments made by this title) shall affect any 
        of the terms or conditions of an individual's employment (apart 
        from those governed by subchapter III of chapter 83 or chapter 
        84 of title 5, United States Code) with respect to any period 
        of service preceding the date on which such individual's 
        election under subsection (d) is made (or is deemed to have 
        been made).
    (f) Individual Contributions for Prior Service.--
            (1) In general.--An individual who makes an election under 
        subsection (d)(1)(A) may, with respect to prior service 
        performed by such individual, contribute to the Civil Service 
        Retirement and Disability Fund the difference between the 
        individual contributions that were actually made for such 
        service and the individual contributions that should have been 
        made for such service if the amendments made by section 1102 
        had then been in effect.
            (2) Effect of not contributing.--If no part of or less than 
        the full amount required under paragraph (1) is paid, all prior 
        service of the incumbent shall remain fully creditable as law 
        enforcement officer service, but the resulting annuity shall be 
        reduced in a manner similar to that described in section 
        8334(d)(2) of title 5, United States Code, to the extent 
        necessary to make up the amount unpaid.
            (3) Prior service defined.--For purposes of this section, 
        the term ``prior service'' means, with respect to any 
        individual who makes an election under subsection (d)(1)(A), 
        service performed by such individual before the date as of 
        which appropriate retirement deductions begin to be made in 
        accordance with such election.
    (g) Government Contributions for Prior Service.--
            (1) In general.--If an incumbent makes an election under 
        subsection (d)(1)(A), the Department of Justice shall remit to 
        the Office of Personnel Management, for deposit in the Treasury 
        of the United States to the credit of the Civil Service 
        Retirement and Disability Fund, the amount required under 
        paragraph (2) with respect to such service.
            (2) Amount required.--The amount the Department of Justice 
        is required to remit is, with respect to any prior service, the 
        total amount of additional Government contributions to the 
        Civil Service Retirement and Disability Fund (over and above 
        those actually paid) that would have been required if the 
        amendments made by section 1102 had then been in effect.
            (3) Contributions to be made ratably.--Government 
        contributions under this subsection on behalf of an incumbent 
        shall be made by the Department of Justice ratably (on at least 
        an annual basis) over the 30-year period beginning on the date 
        referred to in subsection (f)(3).
    (h) Regulations.--Except as provided under section 1104, the Office 
of Personnel Management shall prescribe regulations necessary to carry 
out this title, including provisions under which any interest due on 
the amount described under subsection (f) shall be determined.
    (i) Effective Date.--This section shall take effect 120 days after 
the date of enactment of this title.

SEC. 1104. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS.

    (a) Definition.--In this section, the term ``Federal prosecutor'' 
has the meaning given under section 1103(a)(1).
    (b) Regulations.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this title, the Attorney General of the United 
        States shall--
                    (A) consult with the Office of Personnel Management 
                on this title (including the amendments made by this 
                title); and
                    (B) promulgate regulations for making designations 
                of Federal prosecutors who are not assistant United 
                States attorneys.
            (2) Contents.--Any regulations promulgated under paragraph 
        (1) shall ensure that attorneys designated as Federal 
        prosecutors who are not assistant United States attorneys have 
        routine employee responsibilities that are substantially 
        similar to those of assistant United States attorneys.
    (c) Designations.--The designation of any Federal prosecutor who is 
not an assistant United States attorney for purposes of this title 
(including the amendments made by this title) shall be at the 
discretion of the Attorney General of the United States.

         TITLE XII--ANTI-ATROCITY ALIEN DEPORTATION ACT OF 2004

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Anti-Atrocity Alien Deportation 
Act of 2004''.

SEC. 1202. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE 
              COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS 
              ABROAD.

    (a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
            (1) in clause (ii), by striking ``has engaged in conduct 
        that is defined as genocide for purposes of the International 
        Convention on the Prevention and Punishment of Genocide is 
        inadmissible'' and inserting ``ordered, incited, assisted, or 
        otherwise participated in conduct outside the United States 
        that would, if committed in the United States or by a United 
        States national, be genocide, as defined in section 1091(a) of 
        title 18, United States Code, is inadmissible'';
            (2) by adding at the end the following:
                            ``(iii) Commission of acts of torture or 
                        extrajudicial killings.--Any alien who, outside 
                        the United States, has committed, ordered, 
                        incited, assisted, or otherwise participated in 
                        the commission of--
                                    ``(I) any act of torture, as 
                                defined in section 2340 of title 18, 
                                United States Code; or
                                    ``(II) under color of law of any 
                                foreign nation, any extrajudicial 
                                killing, as defined in section 3(a) of 
                                the Torture Victim Protection Act of 
                                1991 (28 U.S.C. 1350 note);
                        is inadmissible.''; and
            (3) in the subparagraph heading, by striking ``Participants 
        in nazi persecution or genocide'' and inserting ``Participants 
        in nazi persecution, genocide, or the commission of any act of 
        torture or extrajudicial killing''.
    (b) Deportability.--Section 237(a)(4)(D) of such Act (8 U.S.C. 
1227(a)(4)(D)) is amended--
            (1) by striking ``clause (i) or (ii)'' and inserting 
        ``clause (i), (ii), or (iii)''; and
            (2) in the subparagraph heading, by striking ``Assisted in 
        nazi persecution or engaged in genocide'' and inserting 
        ``Participated in nazi persecution, genocide, or the commission 
        of any act of torture or extrajudicial killing''.
    (c) Effective Date.--The amendments made by this section shall 
apply to offenses committed before, on, or after the date of enactment 
of this Act.

SEC. 1203. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT 
              OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE 
              VIOLATIONS OF RELIGIOUS FREEDOM.

    (a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to 
read as follows:
                    ``(G) Foreign government officials who have 
                committed particularly severe violations of religious 
                freedom.--Any alien who, while serving as a foreign 
                government official, was responsible for or directly 
                carried out, at any time, particularly severe 
                violations of religious freedom, as defined in section 
                3 of the International Religious Freedom Act of 1998 
                (22 U.S.C. 6402), is inadmissible.''.
    (b) Ground of Deportability.--Section 237(a)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the 
end the following:
                    ``(E) Participated in the commission of severe 
                violations of religious freedom.--Any alien described 
                in section 212(a)(2)(G) is deportable.''.

SEC. 1204. WAIVER OF INADMISSIBILITY.

    Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(3)) is amended--
            (1) in subparagraph (A), by striking ``and 3(E)'' and 
        inserting ``and clauses (i) and (ii) of paragraph (3)(E)''; and
            (2) in subparagraph (B), by striking ``and 3(E)'' and 
        inserting ``and clauses (i) and (ii) of paragraph (3)(E)''.

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.

    (a) Good Moral Character.--Section 101(f) of the Immigration and 
Nationality Act (8 U.S.C. 1101(f)) is amended--
            (1) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(9) one who at any time has engaged in conduct described 
        in section 212(a)(3)(E) (relating to assistance in Nazi 
        persecution, participation in genocide, or commission of acts 
        of torture or extrajudicial killings) or 212(a)(2)(G) (relating 
        to severe violations of religious freedom).''.
    (b) Asylum.--Section 208(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) in clause (vi), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
                            ``(vii) the alien is inadmissible under 
                        section 212(a)(3)(E).''.
    (c) Refugees.--Section 101(a)(42) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(42)) is amended in the second 
sentence (regarding exclusions to the term ``refugee'') by inserting 
``, or any person who is inadmissible under section 212(a)(3)(E)'' 
after ``or political opinion''.
    (d) Withholding of Removal.--Section 241(b)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended--
            (1) in clause (iii), by striking ``or'' at the end;
            (2) in clause (iv), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
                            ``(v) the alien is inadmissible under 
                        section 212(a)(3)(E).''.

SEC. 1206. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.

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

SEC. 1207. REPORTS ON IMPLEMENTATION OF THE ACT.

    (a) Implementation Report.--Not later than 180 days after the date 
of enactment of this Act, the Attorney General, in consultation with 
the Secretary of Homeland Security, shall submit to the Committees on 
the Judiciary of the Senate and the House of Representatives a report 
on the implementation of this Act that includes a description of--
            (1) the procedures used to refer matters to the Office of 
        Special Investigations and other components within the 
        Department of Justice and the Department of Homeland Security 
        in a manner consistent with the amendments made by this Act;
            (2) the revisions, if any, made to immigration forms to 
        reflect changes in the Immigration and Nationality Act made by 
        the amendments contained in this Act; and
            (3) the procedures developed, with adequate due process 
        protection, to obtain sufficient evidence to determine whether 
        an alien may be inadmissible under the terms of the amendments 
        made by this Act.
    (b) Additional Report.--One year after the date of enactment of 
this Act, and annually thereafter, the Attorney General and the 
Secretary of Homeland Security shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report that 
includes--
            (1) the number of criminal investigations and criminal 
        prosecutions conducted pursuant to this Act;
            (2) the number of persons removed from, or denied admission 
        to, the United States pursuant to this Act; and
            (3) the number and nationality of aliens who have been 
        removed from, or denied access to, the United states pursuant 
        to this Act.

                        TITLE XIII--PROMISE ACT

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Parental Responsibility 
Obligations Met through Immigration System Enforcement Act'' or 
``PROMISE Act''.

SEC. 1302. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM 
              ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.

    Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(10)) is amended by adding at the end the following:
                    ``(F) Nonpayment of child support.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an alien who is legally obligated 
                        under a judgment, decree, or order to pay child 
                        support and whose failure to pay such child 
                        support has resulted in arrearages that exceed 
                        the amount specified in section 454(31) of the 
                        Social Security Act (42 U.S.C. 654(31)) is 
                        inadmissible.
                            ``(ii) Exception.--An alien described in 
                        clause (i) may become admissible when--
                                    ``(I) child support payments under 
                                the judgment, decree, or order are 
                                satisfied; or
                                    ``(II) the alien is in compliance 
                                with a payment agreement approved by 
                                the appropriate State enforcement 
                                agency or court.
                            ``(iii) Federal parent locator service.--
                        The Federal Parent Locator Service, established 
                        under section 453 of the Social Security Act 
                        (42 U.S.C. 653), shall be used to determine if 
                        an alien is inadmissible under clause (i).
                            ``(iv) Request by foreign country.--For 
                        purposes of clause (i), any request for 
                        services by a foreign reciprocating country or 
                        a foreign country with which a State has an 
                        arrangement described in section 459A(d) of the 
                        Social Security Act (42 U.S.C. 659a(d)) shall 
be treated as a State request.''.

SEC. 1303. AUTHORITY TO PAROLE ALIENS EXCLUDED FROM ADMISSION FOR 
              NONPAYMENT OF CHILD SUPPORT.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended by adding at the end the following:
    ``(C)(i) The Secretary of Homeland Security may, in the Secretary's 
discretion, parole into the United States, any alien who is 
inadmissible under subsection (a)(10)(F)(i) if--
            ``(I) the Secretary of Homeland Security places such alien 
        into removal proceedings;
            ``(II) the alien demonstrates to the satisfaction of the 
        Secretary of Homeland Security that such parole is essential to 
        the compliance and fulfillment of child support obligations;
            ``(III) the alien demonstrates that the alien has 
        employment in the United States and is authorized by law for 
        employment in the United States; and
            ``(IV) the alien is not inadmissible under any other 
        provision of law.
    ``(ii) The Secretary of State may permit an alien described in 
clause (i) to present himself or herself at a port of entry for the 
limited purpose of seeking parole pursuant to clause (i).
    ``(iii) The Secretary of Homeland Security and the Secretary of 
State shall exercise the discretionary authority described in this 
subparagraph in a manner consistent with the objective of facilitating 
collection of payment of child support arrearages.
    ``(iv) For purposes of this subparagraph, unless waived by the 
alien, the Attorney General shall not enter a final order of removal 
within the 180-day period after the Secretary of Homeland Security 
initially charges the alien as removable under subsection (a)(10)(F) 
and shall not enter such final removal order during the pendency of 
State court proceedings involving the child support obligations of the 
alien.''.

SEC. 1304. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON ESTABLISHMENT OF 
              GOOD MORAL CHARACTER.

    Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended--
            (1) in paragraph (8), by striking the period at the end and 
        inserting ``; or''; and
            (2) by inserting after paragraph (8) the following:
            ``(9) one who is legally obligated under a judgment, 
        decree, or order to pay child support (as defined in section 
        459(i) of the Social Security Act (42 U.S.C. 659(i))) and whose 
        failure to pay such child support has resulted in arrearages 
        that exceed the amount specified in section 454(31) of that Act 
        (42 U.S.C. 654(31)), unless support payments under the 
        judgment, decree, or order are satisfied or the alien is in 
        compliance with an approved payment agreement.''.

SEC. 1305. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES 
              ON CERTAIN VISA APPLICANTS AND ARRIVING ALIENS.

    Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 
1225(d)) is amended by adding at the end the following:
            ``(5) Authority to serve process in child support cases.--
                    ``(A) In general.--To the extent consistent with 
                State law, immigration officers are authorized to serve 
                on any alien who is an applicant for admission to the 
                United States, legal process with respect to--
                            ``(i) any action to enforce a legal 
                        obligation of an individual to pay child 
                        support (as defined in section 459(i) of the 
                        Social Security Act (42 U.S.C. 659(i)); or
                            ``(ii) any action to establish paternity.
                    ``(B) Definition.--For purposes of subparagraph 
                (A), the term `legal process' means any writ, order, 
                summons, or other similar process that is issued by--
                            ``(i) a court or an administrative agency 
                        of competent jurisdiction in any State, 
                        territory, or possession of the United States; 
                        or
                            ``(ii) an authorized official pursuant to 
                        an order of such a court or agency or pursuant 
                        to State or local law.''.

SEC. 1306. AUTHORIZATION TO OBTAIN INFORMATION ON CHILD SUPPORT 
              PAYMENTS BY ALIENS.

    Section 453(h) of the Social Security Act (42 U.S.C. 653(h)) is 
amended by adding at the end the following:
            ``(4) Provision of information on persons delinquent in 
        child support payments.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and in accordance with the 
                requirements of subsection (b), on request by the 
                Attorney General, Secretary of Homeland Security, or 
                Secretary of State, the Secretary of Health and Human 
                Services shall provide and transmit to authorized 
                persons through the Federal Parent Locator Service, 
                such information as the Secretary of Health and Human 
                Services determines may aid the authorized person in 
                establishing whether an alien is delinquent in the 
                payment of child support.
                    ``(B) Prohibition on disclosure of information.--In 
                no case may an authorized person permit use by, or 
                disclosure to, any person (other than a sworn officer 
                or employee of the United States Government for 
                legitimate law enforcement purposes) of any information 
                obtained under this paragraph through the Federal 
                Parent Locator Service.
                    ``(C) Penalty.--Any person who willfully uses, 
                publishes, or permits information to be disclosed in 
                violation of this paragraph shall be subject to 
                appropriate disciplinary action and subject to a civil 
                monetary penalty of not more than $5,000 for each such 
                violation.
                    ``(D) Authorized person defined.--For purposes of 
                this paragraph, the term `authorized person' means any 
                administrative agency, immigration officer, or consular 
officer (as defined in section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) having the authority to investigate 
or enforce the immigration and naturalization laws of the United States 
with respect to the legal entry and status of aliens.''.

SEC. 1307. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on the date that is 90 days after the date of enactment of this title 
and shall apply to aliens who apply for benefits under the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) on or after such effective 
date.

                  TITLE XIV--FALLEN HEROES OF 9/11 ACT

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Fallen Heroes of 9/11 Act''.

SEC. 1402. CONGRESSIONAL FINDINGS.

    Congress finds that--
            (1) since September 11, 2001, the United States has been 
        engaged in a war different from any other in our Nation's 
        history;
            (2) in the eyes of the terrorists, we are all the enemy, 
        and the term ``innocent civilian'' has no meaning for such 
        terrorists;
            (3) the deaths by airplane at the World Trade Center, at 
        the Pentagon, and in rural Pennsylvania represent an escalation 
        of direct terrorist attacks on civilians;
            (4) the officers, emergency workers, and other employees of 
        State and local government agencies, including the Port 
        Authority of New York and New Jersey, and of the United States 
        Government and others, who responded to the attacks on the 
        World Trade Center in New York City and perished as a result of 
        the tragic events of September 11, 2001 (including those who 
        are missing and presumed dead), took heroic and noble action on 
        that day;
            (5) the passengers and crew of United Airlines Flight 93, 
        recognizing the potential danger that the aircraft that they 
        were aboard posed to large numbers of innocent Americans, 
        American institutions, and the symbols of American democracy, 
        took heroic and noble action to ensure that the aircraft could 
        not be used as a weapon; and
            (6) given the unprecedented nature of the attacks against 
        the United States of America and the need to properly 
        demonstrate the support of the country for the victims of 
        terrorism, it is fitting that their sacrifice be recognized 
        with the award of an appropriate medal.

SEC. 1403. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS.

    (a) Presentation Authorized.--The President may present on behalf 
of Congress, to the personal representative or next of kin of each 
individual referred to in subsection (c), a medal of appropriate 
design, as described in subsection (b)(1), such medals to be known as 
``Fallen Heroes of 9/11 Congressional Medals'', in recognition of the 
sacrifice made by each such individual, and to honor their deaths on 
and following September 11, 2001.
    (b) Design and Striking.--
            (1) In general.--For purposes of the presentations referred 
        to in subsection (a), the Secretary of the Treasury (in this 
        Act referred to as the ``Secretary'') shall strike 3 medals, of 
        such content and with such suitable emblems, devices, and 
        inscriptions as the Secretary determines to be appropriate to 
        be representative of and in honor of, respectively--
                    (A) victims of the attack at the World Trade 
                Center, including civilians, public safety officers, 
                emergency workers, and hijack victims;
                    (B) victims aboard United Airlines Flight 93 that 
                crashed in Pennsylvania; and
                    (C) victims at the Pentagon, including the hijack 
                victims.
            (2) Consultation.--Before making a final determination with 
        respect to the design of the medal under this subsection, the 
        Secretary shall consult with the Secretary of Defense and such 
        other parties as the Secretary may determine to be appropriate.
    (c) Eligibility To Receive Medal.--
            (1) In general.--Any individual who died on or after 
        September 11, 2001, as a direct result of the act of terrorism 
        within the United States on that date, shall be eligible for a 
        medal referred to in subsection (a).
            (2) Determination.--Eligibility under paragraph (1) shall 
        be determined by the Secretary, in consultation with such other 
        officers of the United States Government and State and local 
        officials as the Secretary determines to be appropriate.
            (3) Terrorism defined.--For purposes of this section and 
        section 1404, the term ``act of terrorism'' means the 
        premeditated, politically motivated violence perpetrated 
        against the United States on September 11, 2001.

SEC. 1404. DUPLICATE MEDALS.

    (a) Recipients of Duplicate Medals.--The Secretary shall strike 
duplicates of the medals struck pursuant to section 1404 for 
presentation to each precinct house, firehouse, emergency response 
station, or other duty station or place of employment to which each 
person referred to in subsection (b) of this section was assigned on 
September 11, 2001, for permanent display in each such place in a 
manner befitting the memory of such person.
    (b) Public Safety, Emergency, and Other Workers.--Persons referred 
to in this subsection are officers, emergency workers, and other 
employees of State and local government agencies, including the Port 
Authority of New York and New Jersey, and of the United States 
Government and others, who responded to the attacks on the World Trade 
Center in New York City on September 11, 2001, and perished as a direct 
result of that act of terrorism (including those who are missing and 
presumed dead).

SEC. 1405. ESTABLISHMENT OF LISTS OF RECIPIENTS.

    (a) Initial Lists.--Before the end of the 120-day period beginning 
on the date of enactment of this title, the Secretary shall establish--
            (1) a list of the names of individuals eligible to receive 
        a medal under section 1404, as described in section 1404(c)(1), 
        during the period beginning on September 11, 2001, and ending 
        on the date of enactment of this title; and
            (2) a list of the eligible recipients of a duplicate medal 
        under section 1404.
    (b) Subsequent Eligibility.--If any individual becomes eligible for 
a medal, as described in section 1603(c)(1), or any other recipient 
becomes eligible for a duplicate medal, as described in section 1504, 
the Secretary shall promptly add the name of that individual or 
recipient to the appropriate list established pursuant to subsection 
(a).

SEC. 1406. SALES TO THE PUBLIC TO DEFRAY COSTS.

    Under such regulations as the Secretary may prescribe, the 
Secretary may strike and sell duplicates of the medals struck under 
this title, at a price sufficient to cover the costs of the medals 
(including labor, materials, dies, use of machinery, and overhead 
expenses).

SEC. 1407. NATIONAL MEDALS.

    The medals struck pursuant to this title are national medals for 
purposes of chapter 51 of title 31, United States Code.

                   TITLE XV--MISCELLANEOUS PROVISIONS

SEC. 1501. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107-56.

    (a) Striking Surplus Words.--
            (1) Section 2703(c)(1) of title 18, United States Code, is 
        amended by striking ``or'' at the end of subparagraph (C).
            (2) Section 1960(b)(1)(C) of title 18, United States Code, 
        is amended by striking ``to be used to be used'' and inserting 
        ``to be used''.
    (b) Punctuation and Grammar Corrections.--Section 2516(1)(q) of 
title 18, United States Code, is amended--
            (1) by striking the semicolon after the first close 
        parenthesis; and
            (2) by striking ``sections'' and inserting ``section''.
    (c) Cross Reference Correction.--Section 322 of Public Law 107-56 
is amended, effective on the date of enactment of that section, by 
striking ``title 18'' and inserting ``title 28''.
    (d) Capitalization Correction.--Subsections (a) and (b) of section 
2703 of title 18, United States Code, are each amended by striking 
``Contents of wire or electronic'' and inserting ``Contents of Wire or 
Electronic''.

SEC. 1502. MISCELLANEOUS TECHNICAL AMENDMENTS.

    (a) Punctuation Corrections.--The heading for section 1591 of title 
18, United States Code, is amended by inserting a comma after 
``fraud''.
    (b) Duplicate Section Numbers.--The second section 540C in chapter 
33 of title 28, United States Code, is redesignated as section 540D, 
and the item relating to that section in the table of sections at the 
beginning of that chapter is redesignated accordingly and transferred 
so as to be placed after the item relating to section 540C.
    (c) Table of Sections Omission.--The table of sections at the 
beginning of chapter 203 of title 18, United States Code, is amended by 
inserting after the item relating to section 3050 the following new 
item:

``3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, 
                            Firearms, and Explosives.''.
    (d) Repeal of Duplicative Program.--Section 316 of part A of the 
Runaway and Homeless Youth Act (42 U.S.C. 5712d), as added by section 
40155 of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322; 108 Stat. 1922), is repealed.

SEC. 1503. MINOR SUBSTANTIVE AMENDMENT RELATING TO CONTENTS OF FBI 
              ANNUAL REPORT.

    Section 540D(b)(1)(A) of title 28, United States Code, as 
redesignated by section 302(b), is further amended by inserting ``and 
the number of such personnel who receive danger pay under section 151 
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(5 U.S.C. 5928 note)'' after ``year''.

SEC. 1504. USE OF FEDERAL TRAINING FACILITIES.

    (a) Federal Training Facilities.--Unless specifically authorized in 
writing by the Attorney General, the Department of Justice (and each 
entity within it) shall use for any predominately internal training 
only a facility that does not require a payment to a private entity for 
use of the facility.
    (b) Annual Report.--The Attorney General shall prepare an annual 
report to the chairmen and ranking minority members of the Committees 
on the Judiciary of the Senate and of the House of Representatives that 
details each training that requires specific authorization under 
subsection (a). The report shall include an explanation of why the 
facility was chosen, and a breakdown of any expenditures incurred in 
excess of the cost of conducting the training or meeting at a facility 
that did not require such authorization.

SEC. 1505. TECHNICAL CORRECTION RELATING TO DEFINITION USED IN 
              ``TERRORISM TRANSCENDING NATIONAL BOUNDARIES'' STATUTE.

    Section 1958 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``facility in'' and 
        inserting ``facility of''; and
            (2) in subsection (b)(2), by inserting ``or foreign'' after 
        ``interstate''.

SEC. 1506. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL 
              ABUSE OFFENSES IN CORRECTIONAL FACILITIES.

    (a) Expanded Jurisdiction.--The following provisions of title 18, 
United States Code, are each amended by inserting ``or with respect to 
any person in the custody of the Attorney General or the Bureau of 
Prisons or any institution or facility in which the person is confined 
under the direction of the Attorney General or the Bureau of Prisons,'' 
after ``in a Federal prison,'':
            (1) Subsections (a) and (b) of section 2241.
            (2) The first sentence of subsection (c) of section 2241.
            (3) Section 2242.
            (4) Subsections (a) and (b) of section 2243.
            (5) Subsections (a) and (b) of section 2244.
    (b) Increased Penalties.--
            (1) Sexual abuse of a ward.--Section 2243(b) of such title 
        is amended by striking ``one year'' and inserting ``five 
        years''.
            (2) Abusive sexual contact.--Section 2244 of such title is 
        amended by striking ``six months'' and inserting ``two years'' 
        in each of subsections (a)(4) and (b).

SEC. 1507. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN 
              CORRECTIONAL FACILITIES.

    Section 1791(a) of title 18, United States Code, is amended in each 
of paragraphs (1) and (2) by inserting ``or an individual in the 
custody of the Attorney General or the Bureau of Prisons or any 
institution or facility in which the person is confined under the 
direction of the Attorney General or the Bureau of Prisons'' after ``an 
inmate of a prison''.

SEC. 1508. MAGISTRATE JUDGE'S AUTHORITY TO CONTINUE PRELIMINARY 
              HEARING.

    The second sentence of section 3060(c) of title 18, United States 
Code, is amended to read as follows: ``In the absence of such consent 
of the accused, the judge or magistrate judge may extend the time 
limits only on a showing that extraordinary circumstances exist and 
justice requires the delay.''.

SEC. 1509. BOYS AND GIRLS CLUBS OF AMERICA.

    Section 401 of the Economic Espionage Act of 1996 (42 U.S.C. 13751 
note) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``1,200'' and inserting ``1,500'';
                    (B) by striking ``4,000'' and inserting ``5,000''; 
                and
                    (C) by striking ``December 31, 2005'' and inserting 
                ``December 31, 2010'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``2002, 2003, 
                2004, 2005, and 2006'' and inserting ``2006, 2007, 
                2008, 2009, and 2010''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``1,200'' and inserting ``1,500''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``4,000'' and 
                                inserting ``5,000''; and
                                    (II) by striking ``2007'' and 
                                inserting ``2010''; and
            (3) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $80,000,000 for fiscal year 2006;
                    ``(B) $85,000,000 for fiscal year 2007;
                    ``(C) $90,000,000 for fiscal year 2008;
                    ``(D) $95,000,000 for fiscal year 2009; and
                    ``(E) $100,000,000 for fiscal year 2010.''.

SEC. 1510. AUTHORITY OF INSPECTORS GENERAL.

    Title XXXVII of the Crime Control Act of 1990 (42 U.S.C. 5779 et 
seq.) is amended by inserting after section 3701 the following:

``SEC. 3701A. AUTHORITY OF INSPECTORS GENERAL.

    ``(a) In General.--An Inspector General appointed under section 3 
or section 8G of the Inspector General Act of 1978 (5 U.S.C. App. 3), 
or the Inspector General of the Government Printing Office, may provide 
staff support to the National Center for Missing and Exploited Children 
for the purpose of conducting reviews of inactive case files to develop 
recommendations for further investigation, and for similar activities.
    ``(b) Limitation.--An Inspector General may provide support under 
subsection (a) only if the provision of such support will not interfere 
with the duties of the Inspector General under the Inspector General 
Act of 1978.''.

SEC. 1511. FOREIGN STUDENT VISAS.

    (a) In General.--Section 101(a)(15)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended--
            (1) by striking ``alien, and (iii)'' and inserting ``alien, 
        (iii)''; and
            (2) by striking ``Canada or Mexico;'' and inserting 
        ``Canada or Mexico, and (iv) an alien who maintains actual 
        residence and place of abode in a foreign country and who is 
        described in clause (i), except that the alien's actual course 
        of study is a distance learning program at an approved 
        institution (other than an elementary or secondary school) that 
        may be full or part-time, for which the alien is visiting the 
        United States temporarily for a period not to exceed 30 
        days;''.
    (b) Change of Nonimmigrant Classification.--Section 248(1) of the 
Immigration and Nationality Act (8 U.S.C. 1258(1)) is amended by 
inserting ``(F)(iv),'' after ``(D),''.

SEC. 1512. PRE-RELEASE CUSTODY OF PRISONERS.

    Section 3624 of title 18, United States Code, is amended by 
striking subsection (c) and inserting the following:
    ``(c) Pre-Release Custody.--
            ``(1) In general.--The Bureau of Prisons shall, to the 
        extent practicable, assure that a prisoner serving a term of 
        imprisonment spends a reasonable part of the final portion of 
        the term, not to exceed 1 year, to be served under conditions 
        that will afford the prisoner a reasonable opportunity to 
        adjust to and prepare for the prisoner's reentry into the 
        community. Such conditions may include, but are not limited to, 
        residence in a community correctional facility.
            ``(2) Period of confinement.--This subsection authorizes 
        the Bureau of Prisons to place a prisoner in home confinement 
        for the last 10 per centum of the term to be served, not to 
        exceed 6 months.
            ``(3) Assistance.--The United States probation system 
        shall, to the extent practicable, offer assistance to a 
        prisoner during such pre-release custody.
            ``(4) Place of imprisonment.--For the purposes of this 
        subsection, a community correctional facility and home 
        confinement shall constitute a place of imprisonment.
            ``(5) Construction.--Nothing in this subsection shall be 
        construed to limit or restrict the authority of the Bureau of 
        Prisons granted under section 3621 of this title.''.

SEC. 1513. FBI TRANSLATOR REPORTING REQUIREMENT.

    Section 205(c) of the USA PATRIOT ACT (28 U.S.C. 532 note) is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``The Attorney General shall report to the Committees on the 
        Judiciary of the House of Representatives and the Senate on'' 
        and inserting ``Not later than 30 days after the date of 
        enactment of the Department of Justice Appropriations 
        Authorization Act, Fiscal Years 2005 through 2007, and on an 
        annual basis thereafter, the Attorney General shall submit a 
        report to the Committee on the Judiciary of the Senate, and the 
        Committee on the Judiciary of the House of Representatives, 
        with respect to each preceding 12-month period, on''; and
            (2) in paragraph (1), by inserting ``, or contracted for,'' 
        after ``employed''.

SEC. 1514. AMENDMENT TO VICTIMS OF CHILD ABUSE ACT.

    Section 227(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13032) is amended by adding at the end the following:
            ``(5) Contents of report.--The contents of the report of 
        facts and circumstances for purposes of this subsection shall 
        include the following information:
                    ``(A) Apparent illegal content and images, provided 
                in compliance and compatible with the existing 
                electronic infrastructure of the CyberTipline.
                    ``(B) The Internet Protocol Address, and the time 
                and date when the address was used associated with each 
                apparent violation as required under this section.
                    ``(C) The Internet Protocol Address, and the time 
                and date when the address was used associated with the 
                account registration of the apparent violation as 
                required under this section.
                    ``(D) The relevant time zone of the dates and times 
                of any apparent violation.
                    ``(E) Contact information on service of legal 
                process to obtain relevant information for an apparent 
                violation.
                    ``(F) Any locator information, such as a ZIP Code, 
                identifying the originating jurisdiction where the 
                facts and circumstances of the apparent violation 
                occurred.
                    ``(H) Relevant addresses, city, county, State, ZIP 
                code, and country identification code listed in related 
                subscriber or customer records, to include home or work 
                place designations subscriber name, method of payment, 
                credit card number, contact phone numbers, screen and 
                e-mail names.
                    ``(I) Relevant city, county, State, ZIP Code, or 
                country identification code in which a gateway device 
                is located that was used in connection with an apparent 
                violation by the subscriber or customer to access a 
                electronic communication service or a remote computing 
                service on such dates or times associated to a 
                reportable incident as required under this section.
            ``(6) Imposition of penalties.--Failure to provide a report 
        containing the required contents set forth under paragraph (5) 
        shall be the basis for the imposition of penalties as set forth 
        under paragraph (4).''.

SEC. 1515. DEVELOPMENT OF AN INFORMATION SYSTEM INTERSTATE COMPACT FOR 
              ADULT OFFENDER SUPERVISION.

    (a) Program.--The Attorney General shall establish a program to 
support the development of an information sharing system between States 
to support the exchange of information on offenders seeking and 
completing transfer from 1 State to another through the Interstate 
Compact for Adult Offender Supervision.
    (b) Details.--The program shall--
            (1) establish a system of uniform data collection;
            (2) allow instant and real time access to information on 
        active criminal cases by criminal justice officials;
            (3) provide regular reporting of Compact activities to 
        heads of State councils, State executive, judicial and 
        legislative leaders and criminal justice administrators; and
            (4) be designed to integrate with current and future 
        national, State, and local information systems.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out the development of an 
information system for the Interstate Compact for Adult Offender 
Supervision under this section.

   TITLE XVI--REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION BOARD

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``National Film Preservation Act of 
2004''.

SEC. 1602. REAUTHORIZATION AND AMENDMENT.

    (a) Duties of the Librarian of Congress.--Section 103 of the 
National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended--
            (1) in subsection (b)--
                    (A) by striking ``film copy'' each place that term 
                appears and inserting ``film or other approved copy'';
                    (B) by striking ``film copies'' each place that 
                term appears and inserting ``film or other approved 
                copies''; and
                    (C) in the third sentence, by striking 
                ``copyrighted'' and inserting ``copyrighted, mass 
                distributed, broadcast, or published''; and
            (2) by adding at the end the following:
    ``(c) Coordination of Program With Other Collection, Preservation, 
and Accessibility Activities.--In carrying out the comprehensive 
national film preservation program for motion pictures 
established under the National Film Preservation Act of 1992, the 
Librarian, in consultation with the Board established under section 
104, shall--
            ``(1) carry out activities to make films included in the 
        National Film Registry more broadly accessible for research and 
        educational purposes, and to generate public awareness and 
        support of the Registry and the comprehensive national film 
        preservation program;
            ``(2) review the comprehensive national film preservation 
        plan, and amend it to the extent necessary to ensure that it 
        addresses technological advances in the preservation and 
        storage of, and access to film collections in multiple formats; 
        and
            ``(3) wherever possible, undertake expanded initiatives to 
        ensure the preservation of the moving image heritage of the 
        United States, including film, videotape, television, and born 
        digital moving image formats, by supporting the work of the 
        National Audio-Visual Conservation Center of the Library of 
        Congress, and other appropriate nonprofit archival and 
        preservation organizations.''.
    (b) National Film Preservation Board.--Section 104 of the National 
Film Preservation Act of 1996 (2 U.S.C. 179n) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``20'' and 
                inserting ``22''; and
                    (B) in paragraph (2) by striking ``three'' and 
                inserting ``5'';
            (3) in subsection (d) by striking ``11'' and inserting 
        ``12''; and
            (4) by striking subsection (e) and inserting the following:
    ``(e) Reimbursement of Expenses.--Members of the Board shall serve 
without pay, but may receive travel expenses, including per diem in 
lieu of subsistence, in accordance with sections 5702 and 5703 of title 
5, United States Code.''.
    (c) National Film Registry.--Section 106 of the National Film 
Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the 
end the following:
    ``(e) National Audio-Visual Conservation Center.--The Librarian 
shall utilize the National Audio-Visual Conservation Center of the 
Library of Congress at Culpeper, Virginia, to ensure that preserved 
films included in the National Film Registry are stored in a proper 
manner, and disseminated to researchers, scholars, and the public as 
may be appropriate in accordance with--
            ``(1) title 17 of the United States Code; and
            ``(2) the terms of any agreements between the Librarian and 
        persons who hold copyrights to such audiovisual works.''.
    (d) Use of Seal.--Section 107(a) of the National Film Preservation 
Act of 1996 (2 U.S.C. 179q) is amended--
            (1) in paragraph (1), by inserting ``in any format'' after 
        ``or any copy''; and
            (2) in paragraph (2), by striking ``or film copy'' and 
        inserting ``in any format''.
    (e) Effective Date.--Section 113 of the National Film Preservation 
Act of 1996 (2 U.S.C. 179w) is amended by striking ``7'' and inserting 
``17''.

     TITLE XVII--REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION 
                               FOUNDATION

SEC. 1701. SHORT TITLE.

    This title may be cited as the ``National Film Preservation 
Foundation Reauthorization Act of 2004''.

SEC. 1702. REAUTHORIZATION AND AMENDMENT.

    (a) Board of Directors.--Section 151703 of title 36, United States 
Code, is amended--
            (1) in subsection (b)(2)(A), by striking ``nine'' and 
        inserting ``12''; and
            (2) in subsection (b)(4), by striking the second sentence 
        and inserting ``There shall be no limit to the number of terms 
        to which any individual may be appointed.''.
    (b) Powers.--Section 151705 of title 36, United States Code, is 
amended in subsection (b) by striking ``District of Columbia'' and 
inserting ``the jurisdiction in which the principal office of the 
corporation is located''.
    (c) Principal Office.--Section 151706 of title 36, United States 
Code, is amended by inserting ``, or another place as determined by the 
board of directors'' after ``District of Columbia''.
    (d) Authorization of Appropriations.--Section 151711 of title 36, 
United States Code, is amended by striking subsections (a) and (b) and 
inserting the following:
    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Library of Congress amounts necessary to carry out 
this chapter, not to exceed $500,000 for each of the fiscal years 2004 
and 2005, and not to exceed $1,000,000 for each of the fiscal years 
2006 through 2013. These amounts are to be made available to the 
corporation to match any private contributions (whether in currency, 
services, or property) made to the corporation by private persons and 
State and local governments.
    ``(b) Limitation Related to Administrative Expenses.--Amounts 
authorized under this section may not be used by the corporation for 
management and general or fundraising expenses as reported to the 
Internal Revenue Service as part of an annual information return 
required under the Internal Revenue Code of 1986.''.

                         TITLE XVIII--DREAM ACT

SEC. 1801. SHORT TITLE.

    This title may be cited as the ``Development, Relief, and Education 
for Alien Minors Act of 2003'' or ``DREAM Act''.

SEC. 1802. DEFINITION OF INSTITUTION OF HIGHER EDUCATION.

    In this title, the term ``institution of higher education'' has the 
meaning given the term in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001).

SEC. 1803. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR 
              PURPOSES OF HIGHER EDUCATION BENEFITS.

    (a) In General.--Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
    (b) Effective Date.--The repeal described in subsection (a) shall 
take effect as if included in the enactment of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996.

SEC. 1804. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN 
              LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS 
              CHILDREN.

    (a) Special Rule for Aliens in Qualified Institutions of Higher 
Education.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as otherwise provided in this title, the Secretary 
        of Homeland Security may cancel removal of, and adjust to the 
        status of an alien lawfully admitted for permanent residence, 
        subject to the conditional basis described in section 1805, an 
        alien who is inadmissible or deportable from the United States, 
        if the alien demonstrates that--
                    (A) the alien has been physically present in the 
                United States for a continuous period of not less than 
                5 years immediately preceding the date of enactment of 
                this title, and had not yet reached the age of 16 years 
                at the time of initial entry;
                    (B) the alien has been a person of good moral 
                character since the time of application;
                    (C) the alien--
                            (i) is not inadmissible under paragraph 
                        (2), (3), (6)(B), (6)(C), (6)(E), (6)(F), or 
                        (6)(G) of section 212(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)), or, if 
                        inadmissible solely under subparagraphs (C) or 
                        (F) of paragraph (6) of such section, the alien 
                        was under the age of 16 years at the time the 
                        violation was committed; and
                            (ii) is not deportable under paragraph 
                        (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), 
                        (4), or (6) of section 237(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1227(a)), or, if deportable solely under 
                        subparagraphs (C) or (D) of paragraph (3) of 
                        such section, the alien was under the age of 16 
                        years at the time the violation was committed;
                    (D) the alien, at the time of application, has been 
                admitted to an institution of higher education in the 
                United States, or has earned a high school diploma or 
                obtained a general education development certificate in 
                the United States; and
                    (E) the alien has never been under a final 
                administrative or judicial order of exclusion, 
                deportation, or removal, unless the alien has remained 
                in the United States under color of law or received the 
                order before attaining the age of 16 years.
            (2) Waiver.--The Secretary of Homeland Security may waive 
        the grounds of ineligibility under section 212(a)(6) of the 
        Immigration and Nationality Act and the grounds of 
        deportability under paragraphs (1), (3), and (6) of section 
        237(a) of that Act for humanitarian purposes or family unity or 
        when it is otherwise in the public interest.
            (3) Procedures.--The Secretary of Homeland Security shall 
        provide a procedure by regulation allowing eligible individuals 
        to apply affirmatively for the relief available under this 
        subsection without being placed in removal proceedings.
    (b) Termination of Continuous Period.--For purposes of this 
section, any period of continuous residence or continuous physical 
presence in the United States of an alien who applies for cancellation 
of removal under this section shall not terminate when the alien is 
served a notice to appear under section 239(a) of the Immigration and 
Nationality Act (8 U.S.C. 1229(a)).
    (c) Treatment of Certain Breaks in Presence.--
            (1) In general.--An alien shall be considered to have 
        failed to maintain continuous physical presence in the United 
        States under subsection (a) if the alien has departed from the 
        United States for any period in excess of 90 days or for any 
        periods in the aggregate exceeding 180 days.
            (2) Extensions for exceptional circumstances.--The 
        Secretary of Homeland Security may extend the time periods 
        described in paragraph (1) if the alien demonstrates that the 
        failure to timely return to the United States was due to 
        exceptional circumstances. The exceptional circumstances 
        determined sufficient to justify an extension should be no less 
        compelling than serious illness of the alien, or death or 
        serious illness of a parent, grandparent, sibling, or child.
    (d) Exemption From Numerical Limitations.--Nothing in this section 
may be construed to apply against the numerical limitation on the 
number of aliens who may be eligible for cancellation of removal under 
section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b).
    (e) Regulations.--
            (1) Proposed regulations.--Not later than 180 days after 
        the date of enactment of this title, the Secretary of Homeland 
        Security shall publish proposed regulations implementing this 
        section. Such regulations shall be effective immediately on an 
        interim basis, but are subject to change and revision after 
public notice and opportunity for a period for public comment.
            (2) Interim, final regulations.--Within a reasonable time 
        after publication of the interim regulations in accordance with 
        paragraph (1), the Secretary of Homeland Security shall publish 
        final regulations implementing this section.
    (f) Removal of Alien.--The Secretary of Homeland Security shall not 
remove any alien who has a pending application for conditional status 
under this title.

SEC. 1805. CONDITIONAL PERMANENT RESIDENT STATUS.

    (a) In General.--
            (1) Conditional basis for status.--Notwithstanding any 
        other provision of law, and except as provided in section 1806, 
        an alien whose status has been adjusted under section 1804 to 
        that of an alien lawfully admitted for permanent residence 
        shall be considered to have obtained such status on a 
        conditional basis subject to the provisions of this section. 
        Such conditional resident status shall be valid for a period of 
        6 years, subject to termination under subsection (b).
            (2) Notice of requirements.--
                    (A) At time of obtaining permanent residence.--At 
                the time an alien obtains permanent resident status on 
                a conditional basis under paragraph (1), the Secretary 
                of Homeland Security shall provide for notice to the 
                alien regarding the provisions of this section and the 
                requirements of subsection (c)(1) to have the 
                conditional basis of such status removed.
                    (B) Effect of failure to provide notice.--The 
                failure of the Secretary of Homeland Security to 
                provide a notice under this paragraph--
                            (i) shall not affect the enforcement of the 
                        provisions of this title with respect to the 
                        alien; and
                            (ii) shall not give rise to any private 
                        right of action by the alien.
    (b) Termination of Status.--
            (1) In general.--The Secretary of Homeland Security shall 
        terminate the conditional permanent resident status of any 
        alien who obtained such status under this title, if the 
        Secretary determines that the alien--
                    (A) has violated any provision of subparagraph (B) 
                or (C) of section 1804(a)(1);
                    (B) has become a public charge; or
                    (C) in the case of an alien who received 
                conditional permanent resident status under section 
                1804(a)(1)(B), has received a dishonorable or other 
                than honorable discharge from the Armed Forces of the 
                United States.
            (2) Return to previous immigration status.--Any alien whose 
        permanent resident status is terminated under paragraph (1) 
        shall return to the immigration status the alien had 
        immediately prior to receiving conditional permanent resident 
        status under this title.
    (c) Requirements of Timely Petition for Removal of Condition.--
            (1) In general.--In order for the conditional basis of 
        permanent resident status obtained by an alien under subsection 
        (a) to be removed, the alien must file with the Secretary of 
        Homeland Security, in accordance with paragraph (3), a petition 
        which requests the removal of such conditional basis and which 
        states, under penalty of perjury, the facts and information 
        described in subsection (d)(1).
            (2) Adjudication of petition to remove condition.--
                    (A) In general.--If a petition is filed in 
                accordance with paragraph (1), the Secretary of 
                Homeland Security shall make a determination as to 
                whether the facts and information described in 
                subsection (d)(1) and alleged in the petition are true 
                with respect to the eligibility of the alien.
                    (B) Removal of conditional basis if favorable 
                determination.--If the Secretary of Homeland Security 
                determines that the facts and information alleged in 
                the petition are true, the Secretary of Homeland 
                Security shall so notify the alien and shall 
                immediately remove the conditional basis of the status 
                of the alien.
                    (C) Termination if adverse determination.--If the 
                Secretary of Homeland Security determines that such 
                facts and information alleged in the petition are not 
                true, the Secretary of Homeland Security shall so 
                notify the alien and shall terminate the permanent 
                resident status of the alien as of the date of the 
                determination.
            (3) Time to file petition.--An alien may petition to remove 
        the conditional basis to lawful resident status during the 
        period beginning 180 days before and ending 2 years after 
        either the date that is 6 years after the date of the granting 
        of conditional resident status or any other expiration date of 
        the conditional resident status as extended by the Secretary of 
        Homeland Security in accordance with this title. The alien 
        shall be deemed in lawful status in the United States during 
        the period in which the petition is pending.
    (d) Details of Petition.--
            (1) Contents of petition.--Each petition under subsection 
        (c)(1) shall contain the following facts and information:
                    (A) The alien maintained good moral character 
                during the entire period the alien has been a 
                conditional permanent resident.
                    (B) The alien continues to be in compliance with 
                subparagraphs (B) and (C) of section 1804(a)(1).
                    (C) The alien has not abandoned his or her 
                residence in the United States. There shall be a 
                presumption that the alien has abandoned his or her 
                residence if the alien is absent from the United States 
                for more that 365 days in the aggregate during the 
                period of conditional residence, unless the alien 
                demonstrates that he or she did not in fact abandon 
                residence in the United States. The presumption shall 
                not apply to an alien whose absence is due to active 
                service in the Armed Forces of the United States.
                    (D) The alien has completed at least 1 of the 
                following:
                            (i) The alien has acquired a degree from an 
                        institution of higher education in the United 
                        States or has completed at least 2 years, in 
                        good standing, in a program for a bachelor's 
                        degree or higher degree in the United States.
                            (ii) The alien has served in the Armed 
                        Forces of the United States for at least 2 
                        years and, if discharged, has received an 
                        honorable discharge.
                    (E) All secondary education institutions attended 
                in the United States.
            (2) Hardship exception.--
                    (A) In general.--The Secretary of Homeland Security 
                may, in the Secretary's discretion, remove the 
                conditional status of an alien if the alien--
                            (i) satisfies the requirements of 
                        subparagraphs (A), (B), and (C) of paragraph 
                        (1);
                            (ii) demonstrates compelling circumstances 
                        for the inability to complete the requirements 
                        described in paragraph (1)(D); and
                            (iii) demonstrates that the alien's removal 
                        from the United States would result in 
                        exceptional and extremely unusual hardship to 
                        the alien or the alien's spouse, parent, or 
                        child who is a citizen or a lawful permanent 
                        resident of the United States.
                    (B) Extension.--Upon a showing of good cause, the 
                Secretary of Homeland Security may also extend the 
                validity period of the conditional resident status for 
                the purpose of completing the requirements described in 
                paragraph (1)(D).
    (e) Treatment of Period for Purposes of Naturalization.--For 
purposes of title III of the Immigration and Nationality Act (8 U.S.C. 
1401 et seq.), in the case of an alien who is in the United States as a 
lawful permanent resident on a conditional basis under this section, 
the alien shall be considered to have been admitted as an alien 
lawfully admitted for permanent residence and to be in the United 
States as an alien lawfully admitted to the United States for permanent 
residence. However, the conditional basis must be removed before the 
alien may apply for naturalization.

SEC. 1806. RETROACTIVE BENEFITS UNDER THIS TITLE.

    If, upon the date of enactment of this title, an alien has 
satisfied all the requirements of section 1804 and complied with 
section 1805(d)(1)(D), the Secretary of Homeland Security may adjust 
the status of the alien to that of a conditional resident in accordance 
with section 1804. The alien may petition for removal of such condition 
at the end of the conditional residence period in accordance with 
section 1805(c) if the alien has complied with subparagraphs (A), (B), 
and (C) of section 1805(d)(1) during the entire period of conditional 
residence.

SEC. 1807. EXCLUSIVE JURISDICTION.

    (a) In General.--The Secretary of Homeland Security shall have 
exclusive jurisdiction to determine eligibility for relief under this 
title, except where the alien has been placed into deportation, 
exclusion, or removal proceedings either prior to or after filing an 
application for relief under this title, in which case the Attorney 
General shall have exclusive jurisdiction and shall assume all the 
powers and duties of the Secretary of Homeland Security until 
proceedings are terminated, or if a final order of deportation, 
exclusion, or removal is entered the Secretary of Homeland Security 
shall resume all powers and duties delegated to the Secretary of 
Homeland Security under this title.
    (b) Stay of Removal of Certain Aliens Enrolled in Primary or 
Secondary School.--The Attorney General shall stay the removal 
proceedings of any alien who--
            (1) meets all the requirements for relief under this title, 
        except that the alien has not yet graduated from high school;
            (2) is at least 12 years of age; and
            (3) is enrolled full-time in a primary or secondary school.
    (c) Employment.--An alien whose removal is stayed pursuant to 
subsection (b) may be engaged in employment in the United States, 
consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.), 
and State and local laws governing minimum age for employment.
    (d) Lift of Stay.--The Attorney General shall lift the stay granted 
pursuant to subsection (b) if the alien--
            (1) is no longer enrolled in a primary or secondary school; 
        and
            (2) fails to maintain prima facie eligibility for relief 
        under this title.

SEC. 1808. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

    Whoever files an application for relief under this title and 
willfully and knowingly falsifies, misrepresents, or conceals a 
material fact or makes any false or fraudulent statement or 
representation, or makes or uses any false writing or document knowing 
the same to contain any false or fraudulent statement or entry, shall 
be fined in accordance with title 18, United States Code, or imprisoned 
not more than 5 years, or both.

SEC. 1809. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition.--No officer or employee of the United States may--
            (1) use the information furnished by the applicant pursuant 
        to an application filed under this title to initiate removal 
        proceedings against any persons identified in the application;
            (2) make any publication whereby the information furnished 
        by any particular individual pursuant to an application under 
        this title can be identified; or
            (3) permit anyone other than an officer or employee of the 
        United States Government or, in the case of applications filed 
        under this title with a designated entity, that designated 
        entity, to examine applications filed under this title.
    (b) Required Disclosure.--The Attorney General or the Secretary of 
Homeland Security shall provide the information furnished under this 
section, and any other information derived from such furnished 
information, to--
            (1) a duly recognized law enforcement entity in connection 
        with an investigation or prosecution of an offense described in 
        paragraph (2) or (3) of section 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)), when such information is 
        requested in writing by such entity; or
            (2) an official coroner for purposes of affirmatively 
        identifying a deceased individual (whether or not such 
        individual is deceased as a result of a crime).
    (c) Penalty.--Whoever knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 1810. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this title shall provide that 
applications under this title will be considered on an expedited basis 
and without a requirement for the payment by the applicant of any 
additional fee for such expedited processing.

SEC. 1811. SEVIS REGISTRATION.

    An institution of higher education that enrolls any alien who is a 
beneficiary under this title shall register the alien in the Student 
and Exchange Visitor Information System (SEVIS).

SEC. 1812. HIGHER EDUCATION ASSISTANCE.

    Notwithstanding any provision of the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.), with respect to assistance provided under 
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 
an alien who adjusts status to that of a lawful permanent resident 
under this title shall be eligible only for the following assistance 
under such title:
            (1) Student loans under parts B, D, and E of such title IV 
        (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), 
        subject to the requirements of such parts.
            (2) Federal work-study programs under part C of such title 
        IV (42 U.S.C. 2751 et seq.), subject to the requirements of 
        such part.
            (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
        subject to the requirements for such services.

SEC. 1813. GAO REPORT.

    Seven years after the date of enactment of this title, the 
Comptroller General of the United States shall submit a report to the 
Committees on the Judiciary of the Senate and the House of 
Representatives setting forth--
            (1) the number of aliens who were eligible for cancellation 
        of removal and adjustment of status during the application 
        period described in section 1804(a)(1)(A);
            (2) the number of aliens who applied for adjustment of 
        status under section 1804(a);
            (3) the number of aliens who were granted adjustment of 
        status under section 1804(a); and
            (4) the number of aliens with respect to whom the 
        conditional basis of their status was removed under section 
        1805.

                          TITLE XIX--DRU'S LAW

SEC. 1901. SHORT TITLE.

    This title may be cited as the ``Dru Sjodin National Sex Offender 
Public Database Act of 2004'' or ``Dru's Law''.

SEC. 1902. DEFINITION.

    In this title:
            (1) Criminal offense against a victim who is a minor.--The 
        term ``criminal offense against a victim who is a minor'' has 
        the same meaning as in section 170101(a)(3) of the Jacob 
        Wetterling Crimes Against Children and Sexually Violent 
        Offender Registration Act (42 U.S.C. 14071(a)(3)).
            (2) Minimally sufficient sexual offender registration 
        program.--The term ``minimally sufficient sexual offender 
        registration program'' has the same meaning as in section 
        170102(a) of the Jacob Wetterling Crimes Against Children and 
        Sexually Violent Offender Registration Act (42 U.S.C. 
        14072(a)).
            (3) Sexually violent offense.--The term ``sexually violent 
        offense'' has the same meaning as in section 170101(a)(3) of 
        the Jacob Wetterling Crimes Against Children and Sexually 
        Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
            (4) Sexually violent predator.--The term ``sexually violent 
        predator'' has the same meaning as in section 170102(a) of the 
        Jacob Wetterling Crimes Against Children and Sexually Violent 
        Offender Registration Act (42 U.S.C. 14072(a)).

SEC. 1903. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC.

    (a) In General.--The Attorney General shall--
            (1) make publicly available in a registry (in this title 
        referred to as the ``public registry'') from information 
        contained in the the National Sex Offender Registry, via the 
        Internet, all information described in subsection (b); and
            (2) allow for users of the public registry to determine 
        which registered sex offenders are currently residing within a 
        radius, as specified by the user of the public registry, of the 
        location indicated by the user of the public registry.
    (b) Information Available in Public Registry.--With respect to any 
person convicted of a criminal offense against a victim who is a minor 
or a sexually violent offense, or any sexually violent predator, 
required to register with a minimally sufficient sexual offender 
registration program within a State, including a program established 
under section 170101 of the Jacob Wetterling Crimes Against Children 
and Sexually Violent Offender Registration Act (42 U.S.C. 14017(b)), 
the public registry shall provide, to the extent available in the 
National Sex Offender Registry--
            (1) the name and any known aliases of the person;
            (2) the date of birth of the person;
            (3) the current address of the person and any subsequent 
        changes of that address;
            (4) a physical description and current photograph of the 
        person;
            (5) the nature of and date of commission of the offense by 
        the person;
            (6) the date on which the person is released from prison, 
        or placed on parole, supervised release, or probation; and
            (7) any other information the Attorney General considers 
        appropriate.

SEC. 1904. RELEASE OF HIGH RISK INMATES.

    (a) Civil Commitment Proceedings.--
            (1) In general.--Any State that provides for a civil 
        commitment proceeding, or any equivalent proceeding, shall 
        issue timely notice to the attorney general of that State of 
        the impending release of any person incarcerated by the State 
        who--
                    (A) is a sexually violent predator; or
                    (B) has been deemed by the State to be at high-risk 
                for recommitting any sexually violent offense or 
                criminal offense against a victim who is a minor.
            (2) Review.--Upon receiving notice under paragraph (1), the 
        State attorney general shall consider whether or not to 
        institute a civil commitment proceeding, or any equivalent 
        proceeding required under State law.
    (b) Monitoring of Released Persons.--
            (1) In general.--Each State shall intensively monitor, for 
        not less than 1 year, any person described under paragraph (2) 
        who--
                    (A) has been unconditionally released from 
                incarceration by the State; and
                    (B) has not been civilly committed pursuant to a 
                civil commitment proceeding, or any equivalent 
                proceeding under State law.
            (2) Applicability.--Paragraph (1) shall apply to--
                    (A) any sexually violent predator; or
                    (B) any person who has been deemed by the State to 
                be at high-risk for recommitting any sexually violent 
                offense or criminal offense against a victim who is a 
                minor.
    (c) Compliance.--
            (1) Compliance date.--Each State shall have not more than 3 
        years from the date of enactment of this Act in which to 
        implement the requirements of this section.
            (2) Ineligibility for funds.--A State that fails to 
        implement the requirements of this section, shall not receive 
        25 percent of the funds that would otherwise be allocated to 
        the State under section 20106(b) of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)).
            (3) Reallocation of funds.--Any funds that are not 
        allocated for failure to comply with this section shall be 
        reallocated to States that comply with this section.
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