[Congressional Record Volume 149, Number 3 (Thursday, January 9, 2003)]
[Senate]
[Pages S134-S153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEMOCRATIC LEADERSHIP PRIORITIES FOR THE 108TH CONGRESS

  Mr. DASCHLE. Mr. President, officially, the Congress that ended in 
December was the 107th Congress. But history will almost surely record 
it as the September 11th Congress. From the moment the first plane hit 
the first tower until the last moments of the lameduck session, helping 
America recover from that horrific day, bringing its plotters to 
justice and making changes to protect America from future terrorist 
attacks dominated the Senate's agenda.
  We continued that work--even as we confronted unprecedented 
challenges in the Senate: anthrax, the rise of new threats to our 
Nation, and the loss of

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our friend and colleague, Paul Wellstone.
  Through tragic and historic events, the 107th Senate under Democratic 
control produced a number of important legislative accomplishments: 
aviation security and counterterrorism legislation; the toughest 
corporate accountability law since the SEC was created in 1934; the 
most far-reaching campaign finance reforms since Watergate; the most 
significant overhaul of Federal education policies since 1965; and a 
new farm bill to replace the failed Freedom to Farm Act.
  However, other important legislation fell victim to special-interest 
arm-twisting, and the other party's unwillingness to compromise on 
their proposals, or even consider ours. We saw that on proposals to 
dedicate greater resources to homeland security, a Medicare 
prescription drug benefit, and a real, enforceable patients' bill of 
rights.
  The proposals we are introducing today recognize that the American 
people have real concerns about their security, and that Republicans 
and the Bush administration have not done enough to address those 
concerns.
  But they also recognize that security means more than national 
security, and homeland security. It means economic security, retirement 
security, and the security of knowing that our children are getting a 
good education, and that, if you get sick, health care is available and 
affordable. It means giving people who work fulltime the security of 
knowing they can earn a decent wage--whether they work on a farm, in a 
factory, or at a fast-food restaurant. It is the security of knowing 
that our air is safe to breathe and our water is safe to drink, that 
America is living up to its commitment to civil rights, and that we are 
keeping our promises to our veterans.
  Democrats are committed to tackling terrorism abroad, and making our 
country more secure.
  One of our first priorities will be to make Americans safer by 
enhancing protections for our ports, borders, food and water supplies, 
and chemical and nuclear plants.
  We are introducing a bill to commit real resources to doing all of 
those things, and to hiring more police and first responders and 
providing them the tools and training to do the difficult jobs we are 
now asking them to do.
  We also recognize that national strength also depends on economic 
strength, and in the last 2 years, America's economy has weakened. In 
the coming weeks, we will put forward our ideas for how best to 
stimulate the economy in the short term.
  But, in the long term, one of the most important things we can do is 
give people greater confidence that their private pensions will be 
there for them. That is why another of our leadership bills is one to 
strengthen pension protections, expand pension coverage, and crack down 
on rogue corporations.
  It has been said that almost every problem any society faces can be 
solved with two things: good health, and a good education--and we have 
bills in each of those areas.
  The Right Start for Children Act makes Head Start fully available for 
4- and 5-year-olds, and increases availability for infants and 
toddlers. It will help improve childcare quality, make childcare more 
affordable for 1 million additional children, and strengthen child 
nutrition programs to reduce child hunger.
  The Educational Excellence for All Learners Act builds on that 
foundation by improving education every step of the way--from 
kindergarten, to college, to lifelong learning. It makes sure that we 
match the real reforms we passed last year with the real resources they 
demand. It will help us recruit, hire, and train qualified teachers, 
build new schools, and make college and job training more affordable 
and more available.
  President Bush pledged to leave no child behind, and then proposed 
more than a billion dollars of education cuts. We are proposing to put 
our money where the Republicans' mouths are--and help secure a good 
start, a good education, and good prospects for all Americans.
  When it comes to health care, it was an outrage that 40 million 
Americans were uninsured 2 years ago. In the past year, over 1 million 
more Americans have lost health insurance. And those who are lucky 
enough to have health insurance are seeing their premiums skyrocket.
  With the Health Care Coverage Expansion and Quality Improvement Act, 
we hope to reduce the number of uninsured by making health care 
coverage more available to small businesses, parents of children 
eligible for CHIP and Medicaid, pregnant women, and others.
  We also want to improve the quality of care people receive by 
overcoming Republican resistance to a real, enforceable, patients' bill 
of rights.
  We will also insist that mental illness be treated like any other 
illness--something that will not only honor Paul Wellstone's legacy, 
but also help millions of families.
  We are also committed to passing a prescription drug benefit under 
Medicare, and lowering the price of prescription drugs for all 
Americans. Last year, we passed a bill to lower the price of generic 
drugs, but the House refused to take it up. And we had 52 Senators 
support our Medicare prescription drug benefit--but it was blocked on a 
procedural motion.
  The high cost of prescription drugs--combined with the increasing 
need for such drugs--is destroying the life savings--and threatening 
the dignity--of millions of older Americans. And that is simply 
unacceptable.
  A couple of months ago in elections all across the country, and in 
words spoken here in the Senate, we have seen that when it comes to 
protecting equal rights, we still have a lot of work to do in changing 
hearts, minds, and laws.
  That is why we are introducing The Equal Rights and Equal Dignity for 
Americans Act. This bill will enforce employment nondiscrimination, 
fund the election-reform measures we passed last year, outlaw hate 
crimes, and take other steps to see that as a nation, we live up to the 
promise of equal rights.
  I hope those Republicans who have recently expressed their support 
for civil rights will join us in expressing their support for this 
legislation. I also hope they will join us in supporting our bill to 
combat drug and gun violence, to crack down on new crimes like identity 
theft, and to protect against and prevent crimes against children and 
seniors.
  We also need to ensure greater dignity for our minimum wage workers, 
our farmers, and our veterans. The purchasing power of the minimum wage 
is now the lowest it has been in more than 30 years. And a full-time 
minimum wage income won't get you over the poverty line. If we can 
afford over a trillion dollars in tax cuts for those at the top of the 
income scale, we can afford a dollar fifty more an hour for those at 
the bottom.
  We need to help our rural economy, and help those impacted by a 
drought and other natural disasters that are being called among the 
costliest for agricultural producers in our Nation's history.
  And we need to maintain our commitment to those currently serving, 
and keep our promises to our veterans. One way we do that is by 
allowing our wounded veterans to receive both their full disability and 
retirement benefits. Another way is by addressing the current crisis in 
veterans' health care. With each of these proposals--we stand with the 
leading veterans organizations, and for those who served our country.
  Finally, we are committed to stopping what is adding up to an all-out 
assault on our environment. By unilaterally abandoning the Kyoto 
process, the Bush administration took us out of position to lead the 
world on the issue of climate change. The Global Climate Security Act 
will help America reassert our position of world leadership on this 
vital issue of world health.
  Each of these things is relevant, not revolutionary. If they seem 
familiar, it is because most of what is in them has been introduced 
before.
  But they are not law, despite the support of the American people and, 
in some cases, a bipartisan majority of Senators.
  They have been opposed by an extreme few, and their special interest 
supporters. And while those bills have languished, we have seen the 
rise of more threats to our country; more people have lost their jobs 
and their health care; and more of our national challenges have gone 
unmet.

[[Page S136]]

  These are our priorities. In the last couple of days, the President 
has made clear his priorities--more tax cuts for those who need them 
least.
  The President's plan won't help middle income families. It won't 
contribute to economic growth; it won't make our homeland more secure; 
it won't expand educational opportunity for the young, or strengthen 
health care for the elderly.
  Instead--by putting us deeper into deficit and debt--it makes all of 
these things, and all of our other goals, harder to achieve.
  Our bills will help us create an America that is stronger, safer, and 
better for all Americans--and I hope my colleagues will join me in 
supporting them.
                                 ______
                                 
      By Mr. DASCHLE (for himself, Mr. Leahy, Mr. Biden, Mr. Kennedy, 
        Mr. Schumer, Mr. Durbin, Mrs. Clinton, Mrs. Murray, Mr. Dayton, 
        Mr. Corzine, and Mr. Reed):
  S. 22. A bill to enhance domestic security, and for other purposes; 
to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased today to join Senator Daschle 
and other Democratic Senators in introducing the Justice Enhancement 
and Domestic Security Act of 2003. This comprehensive crime bill builds 
on prior Democratic crime initiatives, including the landmark Violent 
Crime Control and Law Enforcement Act of 1994, that worked to bring the 
crime rate down.
  This year marked an unfortunate turn after a decade of remarkable 
declines in the Nation's crime rate. The decade of progress we made 
under the leadership of a Democratic President helped revitalize our 
cities and restore a sense of security for millions of Americans. 
According to the latest FBI report, however, the number of murders, 
rapes, robberies, assaults, and property crimes is up across the United 
States in all regions of the country except the Northeast, the first 
year-to-year increase since 1991. This upswing has been fueled by the 
faltering economy and high unemployment rates. The President's ill-
conceived tax cut in 2001, along with the new cuts he proposes now, are 
likely to exacerbate these economic woes by plunging us deeper into 
deficit spending.
  It is troubling that, at this crucial moment, the Bush Administration 
is proposing to reduce by nearly 80 percent the Community Oriented 
Policing Services, COPS, program that has helped to put 115,000 new 
police officers on the beat since 1994. I believe that we must fight to 
maintain and extend the COPS program, which has proven its value in 
increasing the security of our cities, towns, and neighborhoods.
  The Justice Enhancement and Domestic Security Act is designed to get 
our Nation's crime rates moving downward, in the right direction, 
again. It also aims to bolster our security against terrorists, and to 
improve the administration of justice throughout the country.
  This bill shows the way to making Americans safer. That objective 
will not be achieved by partisan posturing, ``tough on crime'' 
rhetoric, and a few executions. It will be achieved by giving law 
enforcement the tools they need to do their job, focusing on both 
immediate and long-term threats we face, and protecting the most 
vulnerable in our society.
  Most importantly, we should not divert all our attention to fighting 
foreign terrorism and foreign wars only to discover that the safety of 
Americans at home is jeopardized by losing the fight on crime. 
Unfortunately, the rising crime rate shows the risk of not paying 
attention to the domestic crime issue. The safety of our schools, 
homes, streets, neighborhoods and communities cannot become a casualty 
of the economic downturn and our international engagements.
  Among other things, the bill does the following: Provides $12 billion 
over three years to support public safety officers in their efforts to 
protect homeland security and prevent and respond to acts of terrorism. 
Increases border security by authorizing funds for additional INS 
personnel and technology. Provides statutory authority for the 
President to use military tribunals to try suspected terrorists in 
appropriate circumstances. Targets crime against the most vulnerable 
members of our society: children and senior citizens. Combats the 
insidious crime of identity theft. Provides enhanced rights and 
protections for crime victims. Extends the COPS program and authorizes 
law enforcement improvement and training grants for rural communities. 
Increases funding to reduce the backlog of untested DNA evidence in the 
Nation's crime labs. Proposes important reforms to FBI policies on 
whistleblowers and other issues critical to our security. Cracks down 
on war criminals from other nations seeking sanctuary in the United 
States. Protects against the execution of innocent individuals.
  In sum, the bill represents an important next step in the continuing 
effort by Senate Democrats to enhance homeland security and to enact 
tough yet balanced reforms to our criminal justice system.
  I should note that the bill contains no new death penalties and no 
new or increased mandatory minimum sentences. We can be tough without 
imposing the death penalty, and we can ensure swift and certain 
punishment without removing all discretion from the judge at 
sentencing.
  As we provide the necessary tools for Federal law enforcement 
officials to protect our homeland security, we must remember that State 
and local law enforcement officers, firefighters and emergency 
personnel are our full partners in preventing, investigating and 
responding to criminal and terrorist acts.
  As a former State prosecutor, I know that public safety officers are 
often the first responders to a crime. On September 11, the Nation saw 
that the first on the scene were the heroic firefighters, police 
officers and emergency personnel in New York City. These real-life 
heroes, many of whom gave the ultimate sacrifice, remind us of how 
important it is to support our State and local public safety partners.
  Subtitle A of title I of the Justice Enhancement and Domestic 
Security Act establishes a First Responders Partnership Grant program, 
which will provide $4 billion in annual grants for each of the next 
three years to support our State and local law enforcement officers in 
the war against terrorism. First Responder Grants will be made directly 
to State and local governments and Indian tribes for equipment, 
training and facilities to support public safety officers in their 
efforts to protect homeland security and prevent and respond to acts of 
terrorism. Grants may be used to pay up to 90 percent of the cost of 
the equipment, training or facility, and each State will be guaranteed 
a fair minimum amount. This is essential Federal support that our State 
and local public safety officers need and deserve.
  Our State and local public safety law enforcement partners welcome 
the challenge to join in our national mission to protect our homeland 
security. But we cannot ask State and local law enforcement officers, 
firefighters and emergency personnel to assume these new national 
responsibilities without also providing new Federal support. The First 
Responders Partnership Grants will provide the necessary Federal 
support for our State and public safety officers to serve as full 
partners in our fight to protect homeland security and respond to acts 
of terrorism.


                            Border Security

  Subtitle B of title I provides for additional increases in INS 
personnel and improvements in INS technology to guard our borders. Just 
in the last few weeks, we have seen reports suggesting that numerous 
aliens crossed our Northern border illegally with the intention of 
planning terrorist act. Through the USA PATRIOT Act and the Enhanced 
Border Security and Visa Reform Act, we have attempted to bolster our 
borders by creating additional positions. But our work is not done. 
This legislation would authorize such sums as may be necessary for the 
INS to hire an additional 250 inspectors and associated support staff, 
and an additional 250 investigative staff and associated support staff, 
during each fiscal year through FY2007. It would also authorize $250 
million to the INS for the purposes of making improvements in 
technology for improving border security and facilitating the flow of 
commerce and persons at ports of entry, including improving and 
expanding programs for preenrollment and preclearance. Finally, this 
subtitle requires the Attorney General to report

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to Congress about the Department's implementation of the border 
improvements we have already legislated, and about his recommendations 
for any additional improvements.


                  Military Tribunal Authorization Act

  On November 13, 2001, President Bush signed a military order 
authorizing the use of military commissions to try suspected 
terrorists. This order stimulated an important national debate and led 
to a series of Judiciary Committee hearings with the Attorney General 
and others to discuss the many legal, constitutional, and policy 
questions raised by the use of such tribunals. Our hearings, and the 
continued public discourse, helped to clarify the scope of the 
President's order and better define the terms of the debate.
  Administration officials have taken the position that the President 
does not need the sanction of Congress to convene military commissions, 
but I disagree. Military tribunals may be appropriate under certain 
circumstances, but only if they are backed by specific congressional 
authorization. At a minimum, as the distinguished senior senator from 
Pennsylvania stated on this floor on November 15, ``the executive will 
be immeasurably strengthened if the Congress backs the President.'' 
Clearly, our government is at its strongest when the executive and 
legislative branches of government act in concert.

  Subtitle C of title I, the Military Tribunal Authorization Act of 
2003 would provide the executive branch with the specific authorization 
it now lacks to use extraordinary tribunals to try members of the al 
Qaeda terrorist network and those who cooperated with them. 
Specifically, this legislation authorizes the use of ``extraordinary 
tribunals'' for al Qaeda members and for persons aiding and abetting al 
Qaeda in terrorist activities against the United States who are 
apprehended in, or fleeing from, Afghanistan. It also authorizes the 
use of tribunals for those al Qaeda members and abettors who are 
captured in any other place where there is armed conflict involving the 
U.S. Armed Forces.
  The Military Tribunal Authorization Act defines the jurisdiction and 
procedure of tribunals in a way that ensures a ``full and fair'' trial 
for anyone detained. It incorporates basic due process guarantees, 
including the right to independent counsel. These procedures do not as 
some have claimed provide greater protections to suspected terrorists 
than we offer our own soldiers. These are rather, the very basic 
guarantees provided under various sources of international law. 
Finally, the bill comes down squarely on the side of transparency in 
government by providing that tribunal proceedings should be open and 
public, and include public availability of the transcripts of the trial 
and the pronouncement of judgment. Passage of authorizing legislation 
would ensure the constitutionality of military tribunals and protect 
any convictions they might yield, while at the same time showing the 
world that we will fight terrorists without sacrificing our principles.
  Title I of our bill would also provide a new tool for law enforcement 
to deal with the problem of serious hoaxes and malicious false reports 
relating to the use of biological, chemical, nuclear, or other weapons 
of mass destruction. These so-called ``hoaxes'' inflict both mental and 
economic damage on victims. They drain away scarce law enforcement 
resources from the investigation of real terrorist activity. They 
interrupt vital communication facilities. Finally, they feed a public 
fear that the vast majority of law abiding Americans are working hard 
to dispel.
  Federal, State, and local law enforcement already have statutes which 
they have been using aggressively to prosecute those who have taken 
advantage of these times to perpetrate hoaxes about anthrax 
contamination. Existing statutes create serious penalties for threats 
to use biological, chemical, or nuclear weapons, for sending any 
threatening communication through the mail, or for making a willful 
false statement of Federal authorities. Indeed, current Federal threat 
laws do not require that the defendant have either the intent or 
present ability to carry out a threat. However, while they carry high 
penalties, including a maximum of life imprisonment, these statutes can 
sometimes be awkward when applied in the hoax context.
  The Justice Enhancement and Domestic Security Act provides a well-
tailored statute that deals specifically with the problem of 
biological, chemical, nuclear and other mass destruction hoaxes. For 
instance, it gives prosecutors a means to distinguish between a person 
who is actually threatening to use anthrax on a victim, and a person 
who never intends to use it, but wants the victim or the police to 
think they have done so. Another provision provides for mandatory 
restitution to any victim of these crimes, including the costs of any 
and all government response to the hoax. An earlier Administration 
proposal, offered during the debate over the terrorism bill, would have 
limited such restitution to the Federal government. As we know all too 
well from recent events, however, it is State and local authorities, 
along with private victims, who are often the first responders and 
primary victims when these incidents occur. Our bill provides a 
mechanism so that they, too, can be reimbursed for their expenses.
  The second title of the Justice Enhancement and Domestic Security Act 
contains a several proposals aimed at protecting the most vulnerable 
members of our society: children and seniors.
  First, part 1 of subtitle A would enhance the operation of the AMBER 
Alert communications network in order to aid the recovery of abducted 
children. It is disturbing to see on TV or in the newspapers photo 
after photo of missing children from every corner of the Nation. As the 
father of three Children, as well as a grandfather of two, I know that 
an abducted child is a parent's or grandparent's worst nightmare.
  Unfortunately, it appears this nightmare occurs all too often. 
Indeed, the Justice Department estimates that the number of children 
taken by strangers annually is between 3,000 and 4,000. These parents 
and grandparents, as well as the precious children, deserve the 
assistance of the American people and helping hand of the Congress.
  The AMBER Plan was created as a reaction to the kidnapping and brutal 
murder of 9-year-old Amber Hagerman of Arlington, Texas, By 
coordinating their efforts, law enforcement, emergency management and 
transportation agencies, radio and television stations, and cable 
systems have worked to develop an innovative early warning system to 
help find abducted children by broadcasting information including 
descriptions and pictures of the missing child, the suspected abductor, 
a suspected vehicle, and any other information available and valuable 
to identifying the child and suspect to the public as speedily as 
possible.
  The AMBER Alert system's popularity has raced across the United 
States: since the original AMBER Plan was established in 1996, 55 
modified versions have been adopted at local, regional, and statewide 
levels. Eighteen States have already implemented statewide plans. It is 
also a proven success: to date, the AMBER Plan has been credited with 
recovering 30 children.
  The National AMBER Alert Network Act of 2003 directs the Attorney 
General, in cooperation with the Secretary of Transportation and the 
Chairman of the Federal Communications Commission, to appoint a Justice 
Department National AMBER Alert Coordinator to oversee the Alert's 
communication network for abducted children. The AMBER Alert 
Coordinator will work with States, broadcasters, and law enforcement 
agencies to set up AMBER plans, serve as a point of contact to 
supplement existing AMBER plans, and facilitate regional coordination 
of AMBER alerts. In addition, the AMBER Alert Coordinator will work 
with the FCC, local broadcasters, and local law enforcement agencies to 
establish minimum standards for the issuance of AMBER alerts and for 
the extent of their dissemination. In sum, our bill will help kidnap 
victims while preserving flexibility for the States in implementing the 
Alert system.
  Because developing and enhancing the AMBER Alert system is a costly 
endeavor for States to take on alone, our bill establishes two Federal 
grant programs to share the burden. First, the bill creates a Federal 
grant program, under the direction of the Secretary of Transportation, 
for statewide notification and communications systems, including 
electronic message

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boards and road signs, along highways for alerts and other information 
regarding abducted children. Second, the bill establishes a grant 
program managed by the Attorney General for the support of AMBER Alert 
communications plans with law enforcement agencies and others in the 
community.
  Similar legislation was proposed in the last Congress by Senators 
Feinstein and Hutchison and approved by both the Senate Judiciary 
Committee and the full Senate by unanimous consent only one week after 
introduction. When the bill passed, it had garnered 41 cosponsors from 
both sides of the aisle. Unfortunately, despite our great efforts to 
have the bill passed on its own merits, the House failed to pass it as 
a stand-alone bill. Instead, it was included in a larger package of 
bills dubbed the Child Abduction Prevention Act, introduced by 
Judiciary Committee Chairman Sensenbrenner. Most of the incorporated 
bills had passed the House but were stalled in the Senate due to 
controversial language.
  Our Nation's children, parents, and grandparents deserve our help to 
stop the disturbing trend of child abductions. The AMBER Alert National 
Network Act ensures that our communications systems help rescue 
abducted children from kidnappers and return them safely to their 
families.
  Subtitle A of title II also includes the Protecting Our Children 
Comes First Act of 2003, which would double funding for the National 
Center for Missing and Exploited Children, (NCMEC), reauthorize the 
Center through fiscal year 2006, and increase Federal support to help 
NCMEC programs find missing children.
  As the Nation's top resource center for child protection, the NCMEC 
spearheads national efforts to locate and recover missing children and 
raises public awareness about ways to prevent child abduction, 
molestation, and sexual exploitation, As a national voice and advocate 
for those too young to vote or speak up for their own rights, the NCMEC 
works to make our children safer. The Center operates under a 
Congressional mandate and works in cooperation with the Justice 
Department's Office of Juvenile Justice and Delinquency Prevention in 
coordinating the efforts of law enforcement officers, social service 
agencies, elected officials, judges, prosecutors, educators, and the 
public and private sectors to break the cycle of violence that 
historically has perpetuated such needless crimes against children.
  NCMEC professionals have disturbingly busy jobs, they have worked on 
more than 90,000 cases of missing and exploited children since its 1984 
founding, helping to recover more than 66,000 children. The Center 
raised its recovery rate from 60 percent in the 1980s to 94 percent 
today. It set up a nationwide, toll free, 24-hour telephone hotline to 
take reports about missing children and clues that might lead to their 
recovery. It also manages a national Child Pornography Tipline to 
handle calls from individuals reporting the sexual exploitation of 
children through the production and distribution of pornography and a 
CyberTipline to process online leads from individuals reporting the 
sexual exploitation of children. It has taken the lead in circulating 
millions of photographs of missing children, and serves as a vital 
resource for the 17,000 law enforcement agencies located throughout the 
United States.
  Today, the NCMEC is truly a national organization, with its 
headquarters in Alexandria, Virginia and branch offices in five other 
locations throughout the country to provide hands-on assistance to 
families of missing children and conduct an array of prevention and 
awareness programs. It has also grown into an international 
organization, establishing the International Division of the National 
Center for Missing and Exploited Children, which works to fulfill the 
Hague Convention on the Civil Aspects of International Child Abduction. 
The International Division provides assistance to parents, law 
enforcement, attorneys, nonprofit organizations, and other concerned 
individuals who are seeking assistance in preventing or resolving 
international child abductions.
  The NCMEC manages to do all of this good work with only a $10 million 
annual grant, which expired at the end of fiscal year 2002. We should 
act now both to extend its authorization and increase the center's 
funding to $20 million each year through fiscal year 2006 so that it 
can continue to help keep children safe and families intact around the 
nation. There is so much more to be done to ensure the safety of our 
children, and this provision will help the Center in its efforts to 
prevent crimes that are committed against them.
  The Protecting Our Children Comes First Act also increases Federal 
support of NCMEC programs to find missing children by allowing the U.S. 
Secret Service to provide forensic and investigative support to the 
NCMEC. In addition, it facilitates information sharing by allowing 
Federal authorities to share the facts or circumstances of sexual 
exploitation crimes against children with State authorities without a 
court order, and by allowing the NCMEC to make reports directly to 
State and local law enforcement officials instead of only through 
Federal agencies.
  I applaud the ongoing work of the NCMEC and hope both the Senate and 
the House of Representatives will support this effort to provide more 
Federal support for the Center to continue to find missing children and 
protect exploited children across the country.
  Finally, subtitle A of title II addresses the problems caused by 
housing juveniles who are prosecuted in the criminal justice system in 
adult correctional facilities. It assists the States in providing safe 
conditions for their confinement and appropriate access to educational, 
vocational, and health programs. Improving conditions for juveniles 
today will improve the public safety in the future, as juveniles who 
are not exposed to adult inmates have a lower likelihood of committing 
future crimes.
  As a Nation, we increasingly rely on adult facilities to house 
juveniles. Nearly all of our States house juveniles in adult jails and 
prisons, and only half maintain designated youthful offender housing 
units. I believe that there is a will in the States to improve 
conditions for these juveniles, but resources are often lacking. The 
Federal Government can play a useful role by providing funding to 
States that want to take account of the differences between juveniles 
and adults.
  Although many juvenile offenders serving time in adult prisons have 
committed extraordinarily serious offenses, others are there because of 
relatively minor crimes and will be released at a young age. Certainly, 
many of these juveniles can be convinced not to commit further crimes. 
The social and moral cost of not making that attempt is simply 
incalculable.
  Many scholars have questioned whether housing juvenile offenders with 
adult inmates serves our long-term interest in public safety. Multiple 
studies have shown that youth transferred to the adult system 
recidivate at higher rates and with more serious offenses than youth 
who have committed similar offenses but are retained in the juvenile 
justice system. We must ensure that juveniles are treated humanely in 
the criminal justice system to reduce the risks that upon release they 
will commit additional and more serious crimes. One of the ways we can 
do that is by helping States improve confinement conditions.
  Our bill creates a new incentive grant program for State and local 
governments and Indian tribes. These grants can be used for the 
following purposes related to juveniles under the jurisdiction of an 
adult criminal court: 1. alter existing correctional facilities, or 
develop separate facilities, to provide segregated facilities for them; 
2. provide orientation and ongoing training for correctional staff 
supervising them; 3. provide monitors who will report on their 
treatment; and 4. provide them with access to educational programs, 
vocational training, mental and physical health assessment and 
treatment, and drug treatment. Grants can also be used to seek 
alternatives to housing juveniles with adult inmates, including the 
expansion of juvenile facilities.
  It is important to note that States that choose not to house 
juveniles who are convicted as adults with adult inmates are still 
eligible for grants under this bill. For example, they could use the 
money to train staff, or to provide education or other program for 
juveniles, or to improve juvenile facilities.
  In addition to these grants, part 5 of subtitle II reauthorizes the 
Family

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Unity Demonstration Project, which provides funding for projects 
allowing eligible prisoners who are parents to live in structured, 
community-based centers with their young children. A study by the 
Bureau of Justice Statistics found that about two-third of incarcerated 
women were parents of children under 18 years old. According to the 
White House, on any given day, America is home to 1.5 million children 
of prisoners. And according to Prison Fellowship Industries, more than 
half of the juveniles in custody in the United States had an immediate 
family member behind bars. This is a serious problem that reauthorizing 
the Family Unity Demonstration Project will help to address.
  The remainder of title II includes a number of provisions designed to 
improve the safety and security of older Americans.
  During the 1990s, while overall crime rates dropped throughout the 
nation the rate of crime against seniors remained constant. In addition 
to the increased vulnerability of some seniors to violent crime, older 
Americans are increasingly targeted by swindlers looking to take 
advantage of them through telemarketing schemes, pension fraud, and 
health care fraud. We must strengthen the hand of law enforcement to 
combat those criminals who plunder the savings that older Americans 
have worked their lifetime to earn. Subtitle B of title II of our bill, 
the Seniors Safety Act of 2003, tries to do exactly that, through a 
comprehensive package of proposals to establish new protections and 
increase penalties for a wide variety of crimes against seniors.
  This legislation addresses the most prevalent crimes perpetrated 
against seniors, containing proposals to reduce health care fraud and 
abuse, combat nursing home fraud and abuse, prevent telemarketing 
fraud, and safeguard pension and employee benefit plans from fraud, 
bribery, and graft. In addition, this legislation would help seniors 
obtain restitution if their pension plans are defrauded.
  Many of the proposals in this legislation are just common sense. For 
example, we would authorize the Attorney General to block telephone 
service to people using it to commit telemarketing fraud. We would also 
establish a ``Better Business Bureau'' style clearinghouse at the 
Federal Trade Commission, so that senior citizens and their families 
could call and find out whether a telemarketer who was bothering them 
had a criminal record or had received past complaints.
  We would make it a new criminal offense to engage in multiple willful 
violations of the regulations or laws that protect nursing home 
residents. We would also protect employees at nursing homes who blow 
the whistle on the mistreatment of residents by giving them the power 
to bring a lawsuit for damages if they get fired as a result. And we 
would tell the Sentencing Commission that if you commit a crime against 
someone who is old and vulnerable, you should get a longer sentence.
  We want to fight health care fraud and pension fraud because these 
are benefits that older Americans have earned and that they count on 
everyday. We must do more to prevent crooks from robbing seniors of 
their security. That is why we want to create new criminal penalties 
for pension fraud and give law enforcement more tools to root out and 
stop health care fraud.
  The third title of the Justice Enhancement and Domestic Security Act 
contains important provisions to prevent and punish identify theft, a 
crime that victimizes thousands of Americans every year. Once a skilled 
scam artist gets his hands on a consumer's Social Security or bank 
account number, he can wreak unimaginable havoc on a family's finances.
  With society conducting more and more of its business electronically, 
the incidence of identity theft in America is on the rise. In 2001, the 
Federal Trade Commission consumer hotline received 86,000 complaints of 
identity theft. Through the first six months of 2002, it received 
70,000 such complaints. These complaints are mainly from people who 
have been hurt by identify theft, but thousands of others come from 
consumers worried about becoming an identity thief's next victim.
  Our bill would help identity theft victims restore their credit 
ratings and reclaim their good names. It gives victims the tools they 
need, such as the right to obtain relevant business records and the 
ability to have fraudulent charges blocked from reporting in their 
consumer credit reports. It also includes provisions designed to thwart 
identity theft, for example by requiring credit card companies to 
notify consumers of any change of address request on an existing credit 
account, by ensuring that credit card receipts no longer bear the 
expiration date or more than the last five digits of the customer's 
credit card number, and by entitling every citizen to a free credit 
report once per year upon request. Finally, it includes important 
provisions to prevent Social Security numbers from being sold, or 
published without express consent.
  Title III also represents the next step in Senate Democrats' 
continuing efforts to afford dignity and recognition to victims of 
crime. It provides for comprehensive reform of the Federal law to 
establish enhanced rights and protections for victims of Federal crime. 
Among other things, it provides crime victims the right to consult with 
the prosecution prior to detention hearings and the entry of plea 
agreements, and generally requires the courts to give greater 
consideration to the views and interests of the victim at all stages of 
the criminal justice process. Responding to concerns raised by victims 
of the Oklahoma City bombing, the bill would provide standing for the 
prosecutor and the victim to assert the right of the victim to attend 
and observe the trial.
  Assuring that victims are provided their statutorily guaranteed 
rights is a critical concern for all those involved in the 
administration of justice. That is why the bill establishes an 
administrative authority in the Department of Justice to receive and 
investigate victims' claims of unlawful or inappropriate action on the 
part of criminal justice and victims' service providers. Department of 
Justice employees who fail to comply with the law pertaining to the 
treatment of crime victims could face disciplinary sanctions, including 
suspension or termination of employment.
  In addition to these improvements to the Federal system, the bill 
proposes several programs to help States provide better assistance for 
victims of State crimes. These programs would improve compliance with 
State victim's rights laws, promote the development of state-of-the-art 
notification systems to keep victims informed of case developments and 
important dates on a timely and efficient basis, and encourage further 
experimentation with the community-based restorative justice model in 
the juvenile court setting. The bill also provides assistance for 
shelters and transitional housing for victims of domestic violence.
  Of particular significance, title III would eliminate the cap on 
distributions from the Crime Victims Fund, which has prevented millions 
of dollars in Fund deposits from reaching victims and supporting 
essential services. With violent crime on the increase and State 
governments struggling to overcome growing budget deficits, crime 
victim compensation and assistance programs are facing dire threats to 
their fiscal stability. We should not be imposing artificial caps on 
spending from the Crime Victims Fund while substantial needs remain 
unmet. Our bill proposes replacing the cap with a self-regulating 
formula, which would ensure stability and protection of Fund assets, 
while allowing more money to go out to the States for victim 
compensation and assistance.
  While we have greatly improved our crime victims programs and made 
advances in recognizing crime victims rights, we still have more to do. 
The Justice Enhancement and Domestic Security Act would help make 
victims' rights a reality.
  Title IV of the bill includes proposals for supporting Federal, State 
and local law enforcement and promoting the effective administration of 
justice.
  An important element of this effort is the COPS program. As noted 
earlier, the Bush Administration has proposed to cut the COPS program 
by nearly 80 percent, despite the success of this program in putting 
115,000 new police officers on the beat since 1994. Title IV extends 
the COPS program through fiscal year 2008, authorizing funding to 
deploy up to 50,000 additional police officers, 10,000 additional 
prosecutors, and

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10,000 defense attorneys for indigents. It also authorizes $15 million 
per year for five years to help rural communities retain officers hired 
through the COPS program for an additional year.
  In addition, title IV includes the Hometown Heroes Survivors Benefits 
Act, which would effectively erase any distinction between traumatic 
and occupational injuries when surviving families apply to the U.S. 
Department of Justice Public Safety Officers Benefits, PSOB, Program. 
The PSOB fund currently pays just over $260,000 to families of 
firefighters, police officers and emergency medical technicians who die 
in the line of duty. The survivors of emergency responders who die of 
heart attacks while performing in the line of duty, however, are 
ineligible to collect benefits. The Hometown Heroes bill would fix the 
loophole in the PSOB Program to ensure that the survivors of public 
safety officers who die of heart attacks or strokes in the line of duty 
or within 24 hours of a triggering effect while on duty, regardless of 
whether a traumatic injury is present at the time of the heart attack 
or stroke, are eligible to receive financial assistance.
  The families of these brave public servants deserve to participate in 
the PSOB Program if their loved ones die of a heart attack or other 
cardiac-related ailments while selflessly protecting us from harm. It 
is time for Congress to show its support and appreciation for these 
extraordinarily brave and heroic public safety officers by passing the 
Hometown Heroes Survivors Benefit Act.

  Title IV would also correct a disparity in the law that denies 
Federal prosecutors the same retirement benefits as other Federal law 
enforcement officers. These lawyers, who are more and more often on the 
front lines in the war on terrorism, deserve the same benefits as the 
other men and women with whom they work.
  Also included in title IV of the bill is the FBI Reform Act of 2003, 
which stems from the lessons learned during a series of Judiciary 
Committee hearings on oversight of the FBI that I chaired beginning in 
June 2001. Even more recently, the important changes which are being 
made under the FBI's new leadership after the September 11 attacks and 
the new powers granted the FBI by the USA PATRIOT Act have resulted in 
FBI reform becoming a pressing matter of national importance.
  Since the attacks of September 11, 2001, and the anthrax attacks last 
fall, we have relied on the FBI to detect and prevent acts of 
catastrophic terrorism that endanger the lives of the American people 
and the institutions of our country. The men and women of the FBI are 
performing this task with great professionalism at home and abroad. I 
think that we have all felt safer as a result of the full mobilization 
of the FBI's dedicated Special Agents, its expert support personnel, 
and its exceptional technical capabilities. We owe the men and women of 
the FBI our thanks.
  For decades the FBI has been outstanding law enforcement agency and a 
vital member of the United States intelligence community. As our 
hearings and recent events have shown, however, there is room for 
improvement at the FBI. We must face the mistakes of the past, and make 
the changes needed to ensure that they are not repeated. In meeting the 
international terrorist challenge, the Congress has an opportunity and 
obligation to strengthen the institutional fiber of the FBI based on 
lessons learned from recent problems the Bureau has experienced.
  The view is not mine alone. When Director Bob Mueller testified at 
his confirmation hearings in July 2001, he forthrightly acknowledged 
``that the Bureau's remarkable legacy of service and accomplishment has 
been tarnished by some serious and highly publicized problems in recent 
years. Waco, Ruby Ridge, the FBI lab, Wen Ho Lee, Robert Hanssen and 
the McVeigh documents--these familiar names and events remind us all 
that the FBI is far from perfect and that the next director faces 
significant management and administrative challenges.'' Since then, the 
Judiciary Committee has forged a constructive partnership with Director 
Mueller to get the FBI back on track.
  Congress sometimes has followed a hands-off approach about the FBI. 
But with the FBI's new increased power, with our increased reliance on 
them to stop terrorism, and with the increased funding requested in the 
President's budget will come increased scrutiny. Until the Bureau's 
problems are resolved and new challenges overcome, we have to take a 
hands-on approach. Indeed our hearing and other oversight activities 
have highlighted tangible steps the Congress should take in an FBI 
Reform bill as part of this hands-on approach. Among other things, 
these hearings demonstrated the need to extend whistleblower 
protection, end the double standard for discipline of senior FBI 
executives, and enhance the FBI's internal security program to protect 
against espionage as occurred in the Hanssen case.
  When Director Mueller announced the first stage of his FBI 
reorganization in December 2001, he stressed the importance of taking a 
comprehensive look at the FBI's missions for the future, and Deputy 
Attorney General Thompson's office has told us that the Attorney 
General's management review of the FBI is considering this matter. 
Director Mueller has stated that the second phase of FBI 
reorganizations will be part of a ``comprehensive plan to address not 
only the new challenges of terrorism, but to modernize and streamline 
the Bureau's more traditional functions.'' Thus, through our hearings, 
our oversight efforts, and the statements and efforts of the new 
management team at the FBI, a list of challenges facing the FBI has 
been developed.
  Our bill addresses each of these challenges. It strengthens 
whistleblower protection for FBI employees and protects them from 
retaliation for reporting wrongdoing. It addresses the issue of a 
double standard for discipline of senior executives by eliminating the 
disparity in authorized punishments between Senior Executive Service 
members and other federal employees. It establishes an FBI 
Counterintelligence Polygraph Program for screening personnel in 
exceptionally sensitive positions with specific safeguards, and an FBI 
Career Security Program, which would bring the FBI into line with other 
U.S. intelligence agencies that have strong career security 
professional cadres whose skills and leadership are dedicated to the 
protection of agency information, personnel, and facilities. It also 
requires a set of reports that would enable Congress to engage the 
Executive branch in a constructive dialogue building a more effective 
FBI for the future.
  The FBI Reform Act of 2003 is designed to strengthen the FBI as an 
institution that has a unique role as both a law enforcement agency and 
a member of the intelligence community. As the Judiciary Committee 
continues its oversight work and more is learned about recent FBI 
performance, additional legislation may prove necessary. Especially 
important will be the lessons from the attacks of September 11, 2001, 
the anthrax attacks, and implementation of the USA PATRIOT Act and 
other counterterrorism measures. Strengthening the FBI cannot be 
accomplished overnight, but with this legislation, we take an important 
step into the future.
  In addition to protecting, FBI whistleblowers, title IV of this bill 
provides new and important protections for other whistleblowers who 
provide information to Congress.
  The 107th Congress was one of rejuvenated bipartisan oversight. On 
the Judiciary Committee we convened the first series of comprehensive 
bipartisan FBI oversight hearings in decades after I assumed the 
Chairmanship. The Joint Intelligence Committee conducted bipartisan 
hearings to ascertain what shortcomings on the part of our intelligence 
community need to be corrected so as not the allow the 9-11 terrorist 
attacks to recur. The Senate Banking Committee conducted extensive 
oversight of the SEC and its relationship with the accounting industry, 
to ascertain whether a new regulatory scheme was required. Both the 
Senate and House Judiciary Committees are still attempting to ascertain 
how the new powers we provided in the USA PATRIOT Act are being used. 
These are only a few examples.
  A vital part of the increased oversight was the courage of the 
whistleblowers who provided information. Their revelations have led to 
important reforms. The Enron scandal and the subsequent hearing led to 
the most extensive corporate reform legislation

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in decades, including the criminal provisions and the first ever 
corporate whistleblower protections, which I authored. The testimony of 
the rank and file FBI agents that we heard on the Judiciary Committee 
helped us to craft bipartisan FBI reform legislation. The same day as 
Coleen Rowley's nationally televised testimony before the Judiciary 
Committee, President Bush not only reversed his previous opposition to 
establishing a new cabinet level Department of Homeland Security, but 
gave a national address calling for the largest government 
reorganization in 50 years. In the last year we have learned once again 
that the public as a whole can benefit from a lone voice. Indeed, Time 
Magazine recognized the courage of these whistleblowers by naming them 
the ``People of the Year'' for 2002.
  Unfortunately, the people who very rarely benefit from these 
revelations are the whistleblowers themselves. We have heard testimony 
in oversight hearings on the Judiciary Committee that there is quite 
often retaliation against those who raise public awareness about 
problems within large organizations even to Congress. Sometimes the 
retaliation is overt, sometimes it is more subtle and invidious, but it 
is almost always there. The law needs to protect the people who risk so 
much to protect us and create a culture that encourages employees to 
report waste, fraud, and mismanagement.
  For those who provide information to Congress, that protection is a 
hollow promise. On one hand, the law is very clear that it is illegal 
to interfere with or deny, ``the right of employees, individually or 
collectively, to petition Congress or a Member of Congress, or to 
furnish information to either House of Congress, or to a committee or 
Member thereof . . .'' Amazingly, however, this simple provision is a 
right without a remedy. Employees who are retaliated against for 
providing information to Congress cannot pursue any avenue of redress 
to protect their statutory rights. The only exception to this applies 
to employees of publicly traded companies, who are now covered by the 
whistleblower provision included in the Sarbanes-Oxley Act that we 
passed last year. Thus, under current law, government whistleblowers 
reporting to Congress have less protection than private industry 
whistleblowers.
  Title IV would correct this anomaly by providing government employees 
that come to Congress with the right to bring an action in court when 
they suffer the type of retaliation already prohibited under the law. 
Thus, it does not create new statutory rights, but merely provides a 
statutory remedy for existing law. That way, we can promise future 
whistleblowers who come before Congress that their rights to access the 
legislative branch is not an illusion. We can also assure the public at 
large that our efforts at Congressional oversight and improving the 
functions of government will be effective. This legislation is strongly 
supported by leading whistleblower groups, including the National 
Whistleblower Center and the Government Accountability Project.
  Title IV of the bill also aims to improve the effective 
administration of justice by offering a two-pronged attack on sexual 
assault crime in America. First, it adds more Federal resources for 
States and for the first time, makes those resources directly available 
to local governments as well, so that they may eliminate the backlog of 
untested DNA samples, and in particular, the troubling backlog of 
untested rape kits. Second, because tapping the potential of DNA 
technology requires more than eliminating existing backlogs, the bill 
provides increased Federal support for sexual assault examiner 
programs, DNA training of law enforcement personnel and prosecutors, 
and updating the national DNA database. To ensure that these grants are 
effective, the bill heightens the standards for DNA collection and 
maintenance, and requires the Department of Justice to promulgate 
national privacy guidelines. The bill also authorizes the issuance of 
John Doe DNA indictments for Federal sexual assault crimes, which toll 
the applicable statute of limitations and permit prosecution whenever a 
DNA match is made.
  Congress began to attack the problem of the DNA backlog when it 
passed the DNA Analysis Backlog Elimination Act of 2000. That 
legislation authorized $170 million over four years for grants to 
States to increase the capacity of their forensic labs and to carry out 
DNA testing of backlogged evidence. Despite the new law and some 
Federal funding, the persistent backlogs nationwide make it plain that 
more must be done to help the States. Our bill takes the next step and 
provides more comprehensive assistance so that the criminal justice 
system can harness the full power of DNA.
  A significant problem that arose during Special Prosecutor Kenneth 
Starr's investigation of President Clinton was the loss of 
confidentiality that had previously attached to the important work of 
the U.S. Secret Service. The Department of Justice and Treasury and 
even a former Republican President advise that the safety of future 
Presidents may be jeopardized by forcing U.S. Secret Service agents to 
breach the confidentiality they need to do their job by testifying 
before a grand jury. I trust the Secret Service on this issue; they are 
the experts with the mission of protecting the lives of the President 
and other high-level elected official and visiting dignitaries. I also 
have confidence in the judgment of former President Bush, who has 
written, ``I feel very strongly that [Secret Service] agents should not 
be made to appear in court to discuss that which they might or might 
not have seen or heard.''
  Section 4502 of the Justice Enhancement and Domestic Security Act 
provides a reasonable and limited protective function privilege so 
future Secret Service agents are able to maintain the confidentiality 
they say they need to protect the lives of the President, Vice 
President and visiting heads of state.
  Title V of this bill would create new treatment and prevention 
programs to reduce drug abuse, and reauthorize existing successful 
ones. Treatment and prevention efforts are often overshadowed by law 
enforcement needs. Indeed, a recent study by the Center on Addiction 
and Substance Abuse showed that of every dollar States spent on 
substance abuse and addiction, only four cents went to prevention and 
treatment. The States and the Federal government have undeniably 
important law enforcement obligations, but we must do more to balance 
those obligations with farsighted efforts to prevent drug crimes from 
happening in the first place.
  Heroin is an increasing problem in my State. In other States, 
methamphetamines or other drugs present a growing challenge. This 
legislation will help States address their most pressing drug problems, 
and places a particular emphasis on States that may not have been able 
to address their treatment and prevention needs in the past. Indeed, 
among other provisions, the bill offers funding for rural States like 
Vermont to establish or enhance treatment centers. It instructs the 
Director of the Center for Substance Abuse Treatment to make grants to 
public and nonprofit private entities that provide treatment and are 
approved by State experts. This will allow the Vermont agencies looking 
to provide heroin treatment--or to prevent heroin abuse in the first 
place, to acquire Federal funding to help in their efforts.
  The bill also authorizes funding for residential treatment centers 
that treat mothers who are addicted to heroin, methamphetamine, or 
other drugs. This will help mothers, and the children who depend on 
them to rebuild their lives, it will keep families together. And I hope 
it will help avoid further stories like one that appeared in the 
Burlington Free Press in February 2001, in which a young mother told a 
reporter how heroin ``made it easier for [her] to take care of [her] 
kids.''
  The bill also would fund drug treatment programs for juveniles, who 
can see their lives quickly deteriorate under the influence of drugs. 
This is why I have worked to provide Vermont with funding to establish 
a long-term residential treatment facility for adolescents. I hope to 
continue that effort through this bill, in the hope that we may be able 
to prevent future tragedies.
  We also would reauthorize substance abuse treatment in Federal 
prisons. It is critical that our prisons be drug-free, both because 
lawbreaking within our correctional system is a national embarrassment, 
and because prisoners who are released while still addicted to

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drugs are far more likely to commit future crimes than prisoners who 
are released sober. At the same time we are extending the `carrot' of 
treatment opportunities, we also authorize grants to States and 
localities for programs supporting comprehensive drug testing of 
criminal justice populations, and to establish appropriate 
interventions to illegal drug use for offender populations.
  Among other additional provisions, we would extend the Safe and Drug-
Free Schools and Communities Program, and authorize grants to establish 
methamphetamine prevention and treatment pilot programs in rural areas.
  I am particularly proud of title VI of the bill--the Innocence 
Protection Act, IPA, of 2003. For nearly three years, I have been 
working hard with members on both sides of the aisle, and in both 
houses of Congress, to address the horrendous problem of innocent 
people being condemned to death. The IPA represents the fruits of those 
efforts. This landmark legislation proposes a number of basic, 
commonsense reforms to our criminal justice system, aimed at reducing 
the risk that innocent people will be put to death.
  We have come many miles since I first introduced the IPA in February 
2000, along with four Democratic co-sponsors. There is now a broad 
consensus across the country--among Democrats and Republicans, 
supporters and opponents of the death penalty, liberals and 
conservatives, that our death penalty machinery is broken. We know that 
the nightmare of innocent people on death row is not just a dream, but 
a frequently recurring reality. Since the early 1970s, more than 100 
people who were sentenced to death have been released, not because of 
technicalities, but because they were innocent. Goodness only knows how 
many were not so lucky.
  These are not just numbers; these are real people whose lives were 
ruined. Anthony Porter came within two days of execution in 1998; he 
was exonerated and released from prison only because a class of 
journalism students investigated his case and identified the real 
killer. Ray Krone spent ten years in prison, including three on death 
row; he was released last year after DNA testing exculpated him and 
pointed to another man as the real killer. These are just two of the 
many tragedies we learn of every year.
  Today, Federal judges are voicing concern about the death penalty. 
Justice Sandra Day O'Connor has warned that ``the system may well be 
allowing some innocent defendants to be executed.'' Justice Ginsberg 
has supported a state moratorium on the death penalty. Another 
respected jurist, Sixth Circuit Judge Gilbert Merritt, has referred to 
the capital punishment system as ``broken.''
  We can all agree that there is a grave problem. The good news is, 
there is also a broad consensus on one important step we must take, we 
can pass the Innocence Protection Act.
  At the close of the 107th Congress, the IPA was cosponsored by a 
substantial bipartisan majority of the House and by 32 Senators from 
both sides of the aisle. In addition, a version of the bill had been 
reported by a bipartisan majority of the Senate Judiciary Committee. It 
is that version of the bill that we introduce today as title VI of the 
Justice Enhancement and Domestic Security Act.
  What would the IPA do? In short, it proposes two minimum steps that 
we need to take, not to make the system perfect, but simply to reduce 
what is currently an unacceptably high risk of error. First, we need to 
make good on the promise of modern technology in the form of DNA 
testing. Second, we need to make good on the constitutional promise of 
competent counsel.
  DNA testing comes first because it is proven and effective. We all 
know that DNA testing is an extraordinary tool for uncovering the 
truth, whatever the truth may be. It is the fingerprint of the 21st 
Century. Prosecutors across the country rightly use it to prove guilt. 
By the same token, it should also be used to do what it is equally 
scientifically reliable to do, prove innocence.
  Where there is DNA evidence, it can show us conclusively, even years 
after a conviction, where mistakes have been made. And there is no good 
reason not to use it.
  Allowing testing does not deprive the state of its ability to present 
its case, and under a reasonable scheme for the preservation and 
testing of DNA evidence, the practical costs, burdens and delays 
involved are relatively small.
  The Innocence Protection Act would therefore provide improved access 
to DNA testing for people who claim that they have been wrongfully 
convicted. It would also prevent the premature destruction of 
biological evidence that could hold the key to clearing an innocent 
person and, as we recently saw in Ray Krone's case, identifying the 
real culprit.
  But DNA testing addresses only the tip of the iceberg of the problem 
of wrongful convictions. In most cases, there is no DNA evidence to be 
tested, just as in most cases, there are no fingerprints. In the vast 
majority of death row exonerations, no DNA testing has or could have 
been involved.
  So the broad and growing consensus on death penalty reform has 
another top priority. All the statistics and evidence show that the 
single most frequent cause of wrongful convictions is inadequate 
defense representation at trial. By far the most important reform we 
can undertake is to ensure minimum standards of competency and funding 
for capital defense.
  Under the IPA, States may choose to work with the federal government 
to improve the systems by which they appoint and compensate lawyers in 
death cases. These States would receive an infusion of new Federal 
grant money, but they would also open themselves up to a set of 
controls that are designed to ensure that their systems truly meet 
basic standards. In essence, the bill offers the States extra money for 
quality and accountability.
  A State may also decline to participate in the new grant program, In 
that case, the money that would otherwise be available to the state 
would be used to fund one or more organizations that provide capital 
representation in that state. One way or another, the bill would 
improve the quality of appointed counsel in capital cases.
  This is a reform that does not in any way hinder good, effective law 
enforcement. More money is good for the States. More openness and 
accountability is good for everyone. And better lawyering makes the 
trial process far less prone to error.
  We can never guarantee that no innocent person will be convicted. But 
surely when people in this country are put on trial for their lives, 
they should be defended by lawyers who meet reasonable standards of 
competence and who have sufficient funds to investigate the facts and 
prepare thoroughly for trial. That bare minimum is all that the counsel 
provisions in the IPA seek to achieve.
  The Innocence Protection Act addresses grave and urgent problems with 
moderate, fine-tuned practical solutions. It has passed out of 
Committee in the Senate and is supported by a majority of the House. 
Justice demands that we pass it before more lives are ruined.
  Title VII of the bill includes various proposals for strengthening 
the Federal criminal laws, including, in subtitle A, the Anti-Atrocity 
Alien Deportation Act of 2003. This bill would close loopholes in our 
immigration laws that have allowed war criminals and human rights 
abusers to enter and remain in this country. I am appalled that this 
country has become a safe haven for those who exercised power in 
foreign countries to terrorize, rape, murder and torture innocent 
civilians. A recent report by Amnesty International claims that nearly 
150 alleged human rights abusers have been identified living here, and 
warns that this number may be as high as 1,000.
  The problem of human rights abusers seeking and obtaining refuge in 
this country is real, and requires an effective response with the legal 
and enforcement changes proposed in this legislation. We have 
unwittingly sheltered the oppressors along with the oppressed for too 
long. We should not let this situation continue. We need to focus the 
attention of our law enforcement investigators to prosecute and deport 
those who have committed atrocities abroad and who now enjoy safe 
harbor in the United States.
  The Anti-Atrocity Alien Deportation Act would provide a stronger bar 
to human rights abusers who seek to exploit loopholes in current law. 
The Immigration and Nationality Act currently provides that 1. 
Participants in

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Nazi persecutions during the time period from March 23, 1933 to May 8, 
1945, 2. aliens who engaged in genocide, and 3. aliens who committed 
particularly severe violations of religious freedom, are inadmissible 
to the United States and deportable. This legislation would expand the 
grounds for inadmissibility and deportation to 1. Add new bars for 
aliens who have engaged in acts, outside the United States, of 
``torture'' and ``extrajudicial killing'' and 2. remove limitations on 
the current bases for ``genocide'' and ``particularly severe violations 
of religious freedom.''
  The bill would not only add the new grounds for inadmissibility and 
deportation, it would expand two of the current grounds. First, the 
current bar to aliens who have ``engaged in genocide'' defines that 
term by reference to the ``genocide'' definition in the Convention on 
the Prevention and Punishment of the Crime of Genocide. For clarity and 
consistency, the bill would substitute instead the definition in the 
Federal criminal code, which was adopted pursuant to the U.S. 
obligations under the Genocide Convention. The bill would also broaden 
the reach of the provision to apply not only to those who ``engaged in 
genocide,'' as in current law, but also to cover any alien who has 
ordered, incited, assisted or otherwise participated in genocide. This 
broader scope will ensure that the genocide provision addresses a more 
appropriate range of levels of complicity.
  Second, the current bar to aliens who have committed ``particularly 
severe violations of religious freedom,'' as defined in the 
International Religious Freedom Act of 1998, limits its application to 
foreign government officials who engaged in such conduct within the 
last 24 months. Our bill would delete reference to prohibited conduct 
occurring within a 24-month period since this limitation is not 
consistent with the strong stance of the United States to promote 
religious freedom throughout the world.
  Changing the law to address the problem of human rights abusers 
seeking entry and remaining in the United States is only part of the 
solution. We also need effective enforcement, which I believe we can 
obtain by updating the mission of the Justice Department's Office of 
Special Investigations, or OSI. Our county has long provided the 
template and moral leadership for dealing with Nazi war criminals. The 
OSI, which was created to hunt down, prosecute, and remove Nazi war 
criminals who had slipped into the United States among their victims 
under the Displaced Persons Act, is an example of effective 
enforcement. Since the OSI's inception in 1979, over 60 Nazi 
persecutors have been stripped of U.S. citizenship, almost 50 have been 
removed from the United States, and more than 150 have been denied 
entry.
  The OSI was created by the power of Attorney General Civiletti almost 
35 years after the end of World War II and it is only authorized to 
track Nazi war criminals. As any prosecutor, or, in my case, former 
prosecutor, knows instinctively, delays make documentary and 
testimonial evidence more difficult to obtain. Stale cases are the 
hardest to make. We should not repeat the mistake of waiting decades 
before tracking down war criminals and human rights abusers who have 
settled in this country. War criminals should find no sanctuary in 
loopholes in our current immigration policies and enforcement. No war 
criminal should ever come to believe that he is going to find safe 
harbor in the United States.
  The Anti-Atrocity Alien Deportation Act would for the first time 
provide statutory authorization for the OSI within the Department of 
Justice, with authority to denaturalize any alien who has participated 
in Nazi persecution, torture, extrajudicial killing or genocide abroad. 
The bill would also expand the OSI's jurisdiction to deal with any 
alien who participated in torture, extrajudicial killing and genocide 
abroad, not just Nazis. Unquestionably, the need to bring Nazi war 
criminals to justice remains a matter of great importance. Funds would 
not be diverted from the OSI's current mission. Additional resources 
are authorized in the bill for OSI's expanded duties.
  Title VII of the Justice Enhancement and Domestic Security Act also 
includes a proposal to increase the maximum penalties for violations of 
three existing statutes that protect the cultural and archaeological 
history of the American people, particularly Native Americans. The 
United States Sentencing Commission recommended the statutory changes 
contained in this proposal, which would complement the Commission's 
strengthening of Federal sentencing guidelines to ensure more stringent 
penalties for criminals who steal from our public lands. Passage of 
this legislation would demonstrate Congress' commitment to preserving 
our nation's history and our cultural heritage.
  The Justice Enhancement and Domestic Security Act is a comprehensive 
and realistic set of proposals for assisting local enforcement, 
preventing crime, protecting our children and senior citizens, and 
assisting the victims of crime. I look forward to working on a 
bipartisan basis for passage of as much of this bill as possible during 
the 108th Congress.
  I ask unanimous consent that a section-by-section summary of the bill 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Justice Enhancement and Domestic Security Act of 2003


                      Section-By-Section Analysis

      TITLE I--COMBATING TERRORISM AND ENHANCING DOMESTIC SECURITY

                Subtitle A--Supporting First Responders

       Sec. 1101. Short title. Contains the short title, the 
     ``First Responders Partnership Grant Act of 2003''.
       Sec. 1102. Purpose. Purpose in support of this subtitle.
       Sec. 1103. First Responders Partnership Grant Program for 
     public safety officers. Authorizes grants to States, units of 
     local government, and Indian tribes to support public safety 
     officers in their efforts to protect homeland security and 
     prevent and respond to acts of terrorism.
       Sec. 1104. Applications. Requires the Director of the 
     Bureau of Justice Assistance to promulgate regulations 
     specifying the form and information to be included in 
     submitting an application for a grant under this subtitle.
       Sec. 1105. Definitions. Defines terms used in this 
     subtitle.
       Sec. 1106. Authorization of appropriations. Authorizes $4 
     billion for each fiscal year through FY2005 to carry out this 
     subtitle.

                      Subtitle B--Border Security

       Sec. 1201. Short title. Contains the short title, the 
     ``Safe Borders Act of 2003''.
       Sec. 1202. Authorization of appropriations for hiring 
     additional INS personnel. Authorizes such sums as may be 
     necessary for the INS to hire an additional 250 inspectors 
     and associated support staff, and an additional 250 
     investigative staff and associated support staff, during each 
     fiscal year through FY2007.
       Sec. 1203. Authorization of appropriations for improvements 
     in technology for improving border security. Authorizes $250 
     million to the INS for the purposes of making improvements in 
     technology for improving border security and facilitating the 
     flow of commerce and persons at ports of entry, including 
     improving and expanding programs for preenrollment and 
     preclearance.
       Sec. 1204. Report on border security improvements. Directs 
     the Attorney General to submit a report to Congress detailing 
     all steps the Department of Justice has taken to implement 
     the increases in border security personnel and improvements 
     in border security technology and equipment authorized in the 
     USA PATRIOT Act (Pub. L. 107-56) and the Enhanced Border 
     Security and Visa Entry Reform Act (Pub. L. 107-173). The 
     report shall also include the Attorney General's analysis of 
     what additional personnel and other resources, if any, are 
     needed to improve security at U.S. borders, particularly the 
     U.S.-Canada border.

              Subtitle C--Military Tribunals Authorization

       Sec. 1301. Short title. Contains the short title, the 
     ``Military Tribunal Authorization Act of 2003''.
       Sec. 1302. Findings. Legislative findings in support of 
     this subtitle.
       Sec. 1303. Establishment of extraordinary tribunals. 
     Authorizes the President to establish tribunals to try non-
     U.S. persons who are al Qaeda members (and persons aiding and 
     abetting al Qaeda in terrorist activities against the United 
     States); are apprehended in Afghanistan, apprehended fleeing 
     from Afghanistan, or apprehended in or fleeing from any other 
     place where there is armed conflict involving the U.S. Armed 
     Forces; and are not prisoners of war, as defined by the 
     Geneva Conventions. Tribunals may adjudicate violations of 
     the laws of war targeted against U.S. persons. The Secretary 
     of Defense is charged with promulgating rules of evidence and 
     procedure for the tribunals.
       Sec. 1304. Procedural requirements. Describes minimum 
     procedural safeguards for tribunals established under this 
     subtitle, including that the accused be presumed innocent 
     until proven guilty, and that proof of guilt be established 
     beyond a reasonable doubt. Trial proceedings will generally 
     be accessible to the public with limited exceptions for 
     demonstrable public safety concerns. Convictions may be 
     appealed to the

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     U.S. Court of Appeals for the Armed Forces; any decisions of 
     that court regarding proceedings of tribunals are subject to 
     review by the U.S. Supreme Court by writ of certiorari.
       Sec. 1305. Detention. Authorizes detention of individuals 
     who are subject to a tribunal under this subtitle. In order 
     to detain an individual under the authority of this section, 
     the President must certify that the U.S. is in armed conflict 
     with al Qaeda or Taliban forces in Afghanistan or elsewhere, 
     or that an investigation, prosecution or post-trial 
     proceeding against the detainee is ongoing. Detention 
     determinations and the conditions of detention are subject to 
     review by the Court of Appeals for the D.C. Circuit.
       Sec. 1306. Sense of the Congress. Calls for the President 
     to seek the cooperation of U.S. allies and other nations in 
     the investigation and prosecution of those responsible for 
     the September 11 attacks. It also calls for the President to 
     use multilateral institutions to the fullest extent possible 
     in carrying out such investigations and prosecutions.
       Sec. 1307. Definitions. Defines terms used in this 
     subtitle.
       Sec. 1308. Termination of Authority. Authority under this 
     subtitle ends on December 31, 2005.

          Subtitle D--Anti Terrorist Hoaxes and False Reports

       Sec. 1401 Short title. Contains the short title, the ``Anti 
     Terrorist Hoax and False Report Act of 2003''.
       Sec. 1402. Findings. Legislative findings in support of 
     this subtitle.
       Sec. 1403. Hoaxes, false reports and reimbursement. Sets 
     penalties for (1) knowingly conveying false information 
     concerning an attempt to violate 18 U.S.C. Sec. Sec. 175 
     (relating to biological weapons), 229 (relating to chemical 
     weapons), 831 (relating to nuclear material), or 2332a 
     (relating to weapons of mass destruction), under 
     circumstances where such information may reasonably be 
     believed; and (2) transferring any device or material, 
     knowing or intending that it resembles a nuclear, chemical, 
     biological, or other weapon of mass destruction, and under 
     circumstances where it may reasonably be believed to involve 
     an attempt to violate 18 U.S.C. Sec. Sec. 175, 229, 831,or 
     2332a. Convicted offenders shall be ordered to reimburse all 
     victims and government agencies for losses and expenses 
     incurred as a result of the offense. Authorizes civil actions 
     by victims and by U.S. Attorney General.

          Subtitle E--Amendments to Federal Antiterrorism Laws

       Sec. 1501. Attacks against mass transit clarification of 
     definition. Clarifies that 18 U.S.C. Sec. 1993, which 
     proscribes terrorist attacks against mass transportation 
     systems, extends to attacks against ``any carriage or other 
     contrivance used, or capable of being used, as a means of 
     transportation on land, water, or through the air''.
       Sec. 1502. Release or detention of a material witness. 
     Clarifies the conditions under which individuals can be 
     arrested and detained as material witnesses in Federal 
     criminal cases and grand jury investigations.
       Sec. 1503. Clarification of sunset provision in USA PATRIOT 
     Act. Clarifies that after sunset of certain provisions in the 
     USA PATRIOT Act (Pub. L. 107-56), pursuant to section 224(a) 
     of that Act, the law shall revert to what it was before that 
     Act was enacted.

          TITLE II--PROTECTING AMERICA'S CHILDREN AND SENIORS

                     Subtitle A--Children's Safety

                  Part I--National Amber Alert Network

       Sec. 2111. Short title. Contains the short title, the 
     ``National AMBER Alert Network Act of 2003''.
       Sec. 2112. National coordination of AMBER Alert 
     Communications Network. Requires the Attorney General to 
     assign an AMBER Alert Coordinator of the Department of 
     Justice to act as the national coordinator of the AMBER Alert 
     communications network regarding abducted children. The 
     Coordinator's duties include: (1) seeking to eliminate gaps 
     in the network; and (2) working with States to ensure 
     regional coordination.
       Sec. 2113. Minimum standards for issuance and dissemination 
     of alerts through AMBER Alert Communications Network. Directs 
     the AMBER Alert Coordinator to establish minimum standards 
     for the issuance of alerts and for the extent of their 
     dissemination (limited to the geographic areas most likely to 
     facilitate the recovery of the abducted child).
       Sec. 2114. Grant program for notification and 
     communications systems along highways for recovery of 
     abducted children. Authorizes grants to States for the 
     development or enhancement of notification or communications 
     systems along highways for alerts and other information for 
     the recovery of abducted children.
       Sec. 2115. Grant program for support of AMBER Alert 
     communications plans. Authorizes grants to States for the 
     development or enhancement of education, training, and law 
     enforcement programs and activities for the support of AMBER 
     Alert communications plans.

 Part 2--Prosecutorial Remedies and Tools Against the Exploitation of 
                             Children Today

       Sec. 2121. Short title. Contains the short title, the 
     ``Prosecutorial Remedies and Tools Against the Exploitation 
     of Children Today Act of 2003'' or ``PROTECT Act''.
       Sec. 2122. Findings. Legislative findings in support of 
     this part.
       Sec. 2123. Certain activities relating to material 
     constituting or containing child pornography. Amends 18 
     U.S.C. Sec. 2252A, regarding activities relating to material 
     constituting or containing child pornography, to prohibit: 
     (1) promoting, distributing, or soliciting material through 
     the mails or in commerce in a manner that conveys the 
     impression that the material contains an obscene visual 
     depiction of a minor engaging in sexually explicit conduct; 
     or (2) knowingly distributing to a minor any such visual 
     depiction that has been transported in commerce, or that was 
     produced using materials that have been so transported, for 
     purposes of inducing a minor to participate in illegal 
     activity.
       Sec. 2124. Admissibility of evidence. On motion of the 
     Government, and except for good cause shown, certain 
     identifying information of minors depicted in child 
     pornography shall be inadmissible in any prosecution of such 
     an act.
       Sec. 2125. Definitions. Adds new definitions for 
     interpretation of Federal criminal laws regarding sexual 
     exploitation and other abuse of children.
       Sec. 2126. Recordkeeping requirements. Increases penalties 
     for violation of recordkeeping requirements applicable to 
     producers of certain sexually explicit materials.
       Sec. 2127. Extraterritorial production of child pornography 
     for distribution in the United States. Sets penalties for 
     employing or coercing a minor to engage in sexually explicit 
     conduct outside of the United States for the purpose of 
     producing a visual depiction of such conduct and transporting 
     it to the United States.
       Sec. 2128. Civil remedies. Authorizes civil remedies for 
     offenses relating to material constituting or containing 
     child pornography.
       Sec. 2129. Enhanced penalties for recidivists. Increases 
     penalties for certain recidivists who commit offenses 
     involving sexual exploitation and other abuse of children.
       Sec. 2130. Sentencing enhancements for interstate travel to 
     engage in sexual act with a juvenile. Directs Sentencing 
     Commission to ensure that guideline penalties are adequate in 
     cases involving interstate travel to engage in a sexual act 
     with a juvenile.
       Sec. 2131. Miscellaneous provisions. Directs the Attorney 
     General to appoint 25 additional trial attorneys to focus on 
     the investigation and prosecution of Federal child 
     pornography laws. Directs the Sentencing Commission to ensure 
     that the guidelines are adequate to deter and punish 
     violations of offenses proscribed in section 2123 of this 
     Act.

    Part 3--Reauthorization of the National Center for Missing and 
                           Exploited Children

       Sec. 2141. Short title. Contains the short title, the 
     ``Protecting Our Children Comes First Act of 2003''.
       Sec. 2142. Annual grant to the National Center for Missing 
     and Exploited Children. Doubles the annual grant to the 
     National Center for Missing and Exploited Children (NCMEC) 
     from $10 million to $20 million and extends funding through 
     FY2006.
       Sec. 2143. Authorization of appropriations. Amends the 
     Missing Children's Assistance Act to reauthorize the 
     appropriated such sums as may be necessary through FY2006.
       Sec. 2144. Forensic and investigative support of missing 
     and exploited children. Authorizes the U.S. Secret Service to 
     provide forensic and investigative support to the NCMEC to 
     assist in efforts to find missing children.
       Sec. 2145. Creation of a Cyber-Tipline. Amends the Missing 
     Children's Assistance Act to coordinate the operation of a 
     Cyber-Tipline to provide online users an effective means of 5 
     reporting Internet-related child sexual exploitation in the 
     areas of distribution of child pornography, online enticement 
     of children for sexual acts, and child prostitution.
       Sec. 2146. Service provider reporting of child pornography 
     and related information. Amends 42 U.S.C. Sec. 13032, which 
     requires providers of electronic communications and remote 
     computing services to report apparent offenses that involve 
     child pornography. Under current law, communications 
     providers must report to the NCMEC when the provider obtains 
     knowledge of facts or circumstances from which a violation of 
     sexual exploitation crimes against children occurs. The NCMEC 
     then gives the information to Federal agencies designated by 
     the Attorney General. This section authorizes Federal 
     authorities to share the information with State authorities 
     without a court order and also gives the NCMEC the power to 
     make reports directly to State and local law enforcement. 
     This section also clarifies that such tips must come from 
     non-governmental sources, so as to prevent law enforcement 
     from circumventing the statutory requirements of the 
     Electronic Communications Privacy Act.
       Sec. 2147. Contents disclosure of stored communications. 
     Amends 18 U.S.C. Sec. 2702 to be consistent with the scope of 
     reports under 42 U.S.C. Sec. 13032(d), which provides that, 
     in addition to the required information that is reported to 
     NCMEC by communications providers, the reports may include 
     additional information, such as the identity of a subscriber 
     who sent a message containing child pornography.

     Part 4--National Child Protection and Volunteers for Children 
                              Improvement

       Sec. 2151. Short title. Contains the short title, the 
     ``National Child Protection and Volunteers for Children 
     Improvement Act of 2003''.
       Sec. 2152. Definitions. Defines new terms in the National 
     Child Protection Act of 1993.

[[Page S145]]

       Sec. 2153. Strengthening and enforcing the National Child 
     Protection Act and the Volunteers for Children Act. Amends 
     the National Child Protection Act to allow qualified State 
     programs that provide care for children, the elderly, or 
     individuals with disabilities to apply directly to the 
     Department of Justice to request national criminal background 
     checks, which shall be returned within 15 business days. A 
     qualified entity in a State that does not have a qualified 
     State program can, one year after the date of enactment of 
     this Act, also apply directly to the Department for a 
     background check, which shall be returned within 20 business 
     days.
       Sec. 2154. Dissemination of information. Establishes an 
     office within the Department of Justice to perform nationwide 
     criminal background checks for qualified entities.
       Sec. 2155. Fees. Caps fees for national criminal background 
     checks for persons who volunteer with a qualified entity ($5) 
     and persons who are employed by, or apply for a position 
     with, a qualified entity ($18).
       Sec. 2156. Strengthening State fingerprint technology. 
     Directs the Attorney General to establish model programs in 
     each State for the purpose of improving fingerprinting 
     technology. Programs shall grant to each State funds to (1) 
     purchase Live-Scan fingerprint technology and a State vehicle 
     to make such technology mobile, or (2) purchase electric 
     fingerprint imaging machines for use throughout the State to 
     send fingerprint images to the Attorney General to conduct 
     background checks. Additional funds shall be provided to each 
     State to hire personnel to provide information and training 
     regarding the requirements for input of criminal and 
     disposition data into the National Criminal History 
     Background Check System (NICS).
       Sec. 2157. Privacy protections. Establishes privacy 
     protections for information derived as a result of a national 
     criminal fingerprint background check request under the 
     National Child Protection Act of 1993.
       Sec. 2158. Authorization of appropriations. Authorizes $100 
     million through FY2004, and such sums as may be necessary for 
     the next four fiscal years.

         Part 5--Children's Confinement Conditions Improvement

       Sec. 2161. Findings. Legislative findings in support of 
     this part.
       Sec. 2162. Purpose. Legislative purpose in support of this 
     part.
       Sec. 2163. Definition. Defines term used in this part.
       Sec. 2164. Juvenile Safe Incarceration Grant Program. 
     Authorizes grants to fund efforts by State and local 
     governments and Indian tribes to alter correctional 
     facilities for detained juveniles so that they are segregated 
     from the adult population, train corrections officers on the 
     proper supervision of juvenile offenders, and build separate 
     facilities to house limited numbers of juveniles sentenced as 
     adults, among other things. Authorizes such sums as necessary 
     through FY2007 for this grant program.
       Sec. 2165. Rural State funding. Authorizes $20 million in 
     each fiscal year through FY2006 for grants to assist rural 
     States and economically distressed communities in providing 
     secure custody for violent juvenile offenders.
       Sec. 2166. GAO study. Directs the General Accounting Office 
     to conduct a study and provide a report within one year on 
     the use of electroshock weapons, 4-point restraints, chemical 
     restraints, and solitary confinement against juvenile 
     offenders.
       Sec. 2167. Family Unity Demonstration Project. Reauthorizes 
     the Family Unity Demonstration Project Act through FY2006. 
     The project provides funding for projects allowing eligible 
     prisoners who are parents to live in structured, community-
     based centers with their young children.

                      Subtitle B--Seniors' Safety

       Sec. 2201. Short title. Contains the short title, the 
     ``Seniors Safety Act of 2003''.
       Sec. 2202. Finding and purposes. Legislative findings in 
     support of this subtitle, and statement of legislative 
     purposes.
       Sec. 2203. Definitions. Defines terms used in this 
     subtitle.

                Part 1--Combating Crimes Against Seniors

       Sec. 2211. Enhanced sentencing penalties based on age of 
     victim. Directs the U.S. Sentencing Commission to review and, 
     if appropriate, amend the sentencing guidelines to include 
     age as one of the criteria for determining whether a 
     sentencing enhancement is appropriate. Encourages such review 
     to reflect the economic and physical harm associated with 
     criminal activity targeted at seniors and consider providing 
     increased penalties for offenses where the victim was a 
     senior.
       Sec. 2212. Study and report on health care fraud sentences. 
     Directs the U.S. Sentencing Commission to review and, if 
     appropriate, amend the sentencing guidelines applicable to 
     health care fraud offenses. Encourages such review to reflect 
     the serious harms associated with health care fraud and the 
     need for law enforcement to prevent such fraud, and to 
     consider enhanced penalties for persons convicted of health 
     care fraud.
       Sec. 2213. Increased penalties for fraud resulting in 
     serious injury or death. Increases the penalties under the 
     mail fraud statute and the wire fraud statute for fraudulent 
     schemes that result in serious injury or death. The maximum 
     penalty if serious bodily harm occurred would be up to twenty 
     years; if a death occurred, the maximum penalty would be a 
     life sentence.
       Sec. 2214. Safeguarding pension plans from fraud and theft. 
     Punishes, with up to ten years' imprisonment, the act of 
     defrauding retirement arrangements, or obtaining by means of 
     false or fraudulent pretenses money or property of any 
     retirement arrangement.
       Sec. 2215. Additional civil penalties for defrauding 
     pension plans. Authorizes the Attorney General to bring a 
     civil action for retirement fraud, with penalties up to 
     $50,000 for an individual or $100,000 for an organization, or 
     the amount of the gain to the offender or loss to the victim, 
     whichever is greatest.
       Sec. 2216. Punishing bribery and graft in connection with 
     employee benefit plans. Increases the maximum penalty for 
     bribery and graft in connection with the operation of an 
     employee benefit plan from three to five years' imprisonment. 
     Broadens existing law to cover corrupt attempts to give or 
     accept bribery or graft payments, and to proscribe bribery or 
     graft payments to persons exercising de facto influence or 
     control over employee benefit plans.

                 Part 2--Preventing Telemarketing Crime

       Sec. 2221. Centralized complaint and consumer education 
     service for victims of telemarketing fraud. Directs the 
     Federal Trade Commission (FTC) to establish a central 
     information clearinghouse for victims of telemarketing fraud 
     and procedures for logging in complaints of telemarketing 
     fraud victims, providing information on telemarketing fraud 
     schemes, referring complaints to appropriate law enforcement 
     officials, and providing complaint or prior conviction 
     information. Directs the Attorney General to establish a 
     database of telemarketing fraud convictions secured against 
     corporations or companies, for uses described above.
       Sec. 2222. Blocking of telemarketing scams. Clarifies that 
     telemarketing fraud schemes executed using cellular telephone 
     services are subject to the enhanced penalties for such fraud 
     under 18 U.S.C. Sec. 2326. Authorizes termination of 
     telephone service used to carry on telemarketing fraud. 
     Requires telephone companies, upon notification in writing 
     from the Department of Justice that a particular phone number 
     is being used to engage in fraudulent telemarketing or other 
     fraudulent conduct, and after notice to the customer, to 
     terminate the subscriber's telephone service.

                  Part 3--Preventing Health Care Fraud

       Sec. 2231. Injunctive authority relating to false claims 
     and illegal kickback schemes involving Federal health care 
     programs. Authorizes the Attorney General to take immediate 
     action to halt illegal health care fraud kickback schemes 
     under the Social Security Act. Attorney General may seek a 
     civil penalty of up to $50,000 per violation, or three times 
     the remuneration, whichever is greater, for each offense 
     under this section with respect to a Federal health care 
     program.
       Sec. 2232. Authorized investigative demand procedures. 
     Authorizes the Attorney General to issue administrative 
     subpoenas to investigate civil health care fraud cases. 
     Provides privacy safeguards for personally identifiable 
     health information that may be obtained in response to an 
     administrative subpoena and divulged in the course of a 
     Federal investigation.
       Sec. 2233. Extending antifraud safeguards to the Federal 
     Employees Health Benefits program. Removes the anti-fraud 
     exemption for the Federal Employee Health Benefits Act 
     (FEHB), thereby extending anti-fraud and anti-kickback 
     safeguards applicable to the Medicare and Medicaid program to 
     the FEHB. Allows the Attorney General to use the same civil 
     enforcement tools to fight fraud perpetrated against the FEHB 
     program as are available to other Federal health care 
     programs, and to recover civil penalties against persons or 
     entities engaged in illegal kickback schemes.
       Sec. 2234. Grand jury disclosure. Authorizes Federal 
     prosecutors to seek a court order to share grand jury 
     information regarding health care offenses with other Federal 
     prosecutors for use in civil proceedings or investigations 
     relating to fraud or false claims in connection with any 
     Federal health care program. Permits grand jury information 
     regarding health care offenses to be shared with Federal 
     civil prosecutors, only after ex parte court review and a 
     finding that the information would assist in enforcement of 
     Federal laws or regulations.
       Sec. 2235. Increasing the effectiveness of civil 
     investigative demands in false claims investigations. 
     Authorizes the Attorney General to delegate authority to 
     issue civil investigative demands to the Deputy Attorney 
     General or an Assistant Attorney General. Authorizes 
     whistleblowers who have brought qui tam actions under the 
     False Claims Act to seek permission ftom a district court to 
     obtain information disclosed to the Department of Justice in 
     response to civil investigative demands.

             Part 4--Protecting Residents of Nursing Homes

       Sec. 2241. Nursing home resident protection. Sets penalties 
     for engaging in a pattern of willful violations of Federal or 
     State laws governing the health, safety, or care of 
     individuals residing in residential health care facilities. 
     This section also provides additional whistleblower 
     protection for persons who are retaliated against for 
     reporting deficient nursing home conditions.

[[Page S146]]

         Part 5--Protecting the Rights of Elderly Crime Victims

       Sec. 2251. Use of forfeited funds to pay restitution to 
     crime victims and regulatory agencies. Authorizes the use of 
     forfeited funds to pay restitution to crime victims and 
     regulatory agencies.
       Sec. 2252. Victim restitution. Allows the government to 
     move to dismiss forfeiture proceedings to allow the defendant 
     to use the property subject to forfeiture for the payment of 
     restitution to victims. If forfeiture proceedings are 
     complete, Government may return the forfeited property so it 
     may be used for restitution.
       Sec. 2253. Bankruptcy proceedings not used to shield 
     illegal gains from false claims. Allows an action under the 
     False Claims Act despite concurrent bankruptcy proceedings. 
     Prohibits discharge of debts resulting from judgments or 
     settlements in Medicare and Medicaid fraud cases. Provides 
     that no debt owed for a violation of the False Claims Act or 
     other agreement may be avoided under bankruptcy provisions.
       Sec. 2254. Forfeiture for retirement offenses. Requires the 
     forfeiture of proceeds of a criminal retirement offense. 
     Permits the civil forfeiture of proceeds from a criminal 
     retirement offense.

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

                  Subtitle A--Deterring Identity Theft

               Part 1--Identity Theft Victims Assistance

       Sec. 3111. Short title. Contains the short title, the 
     ``Identity Theft Victims Assistance Act of 2003''.
       Sec. 3112. Findings. Legislative findings in support of 
     this part.
       Sec. 3113. Treatment of identity theft mitigation. Requires 
     business entities possessing information relating to an 
     identity theft or that may have done business with a person 
     who has made unauthorized use of a victim's means of 
     identification to provide without charge to the victim or to 
     any Federal, State, or local governing law enforcement agency 
     or officer specified by the victim copies of all related 
     application and transaction information. Limits liability for 
     business entities that provide information under this section 
     for the purpose of identification and prosecution of identity 
     theft or to assist a victim. Authorizes civil enforcement 
     actions by State Attorney General regarding identity theft.
       Sec. 3114. Amendments to the Fair Credit Reporting Act. 
     Amends the Fair Credit Reporting Act to direct a consumer 
     reporting agency, at the request of a consumer, to block the 
     reporting of any information identified by the consumer in 
     such consumer's file resulting from identity theft, subject 
     to specified requirements.
       Sec. 3115. Coordinating committee study of coordination 
     among Federal, State, and local authorities in enforcing 
     identity theft laws. Amends the Internet False Identification 
     Prevention Act of 2000 to (1) expand the membership of the 
     coordinating committee on false identification to include the 
     Chairman of the Federal Trade Commission, the Postmaster 
     General, and the Commissioner of the United States Customs 
     Service; (2) extend the term of the coordinating committee 
     through December 28, 2004; (3) direct the coordinating 
     committee to include certain information regarding identity 
     theft in its annual reports to Congress.

                 Part 2--Identity Theft Prevention Act

       Sec. 3121. Short title. Contains the short title, the 
     ``Identity Theft Prevention Act of 2003''.
       Sec. 3122. Findings. Legislative findings in support of 
     this part.
       Sec. 3123. Identity theft prevention. Requires credit card 
     companies to notify consumers within 30 days of a change of 
     address request on an existing credit account. This section 
     also codifies the current industry practice of ``fraud 
     alerts'' and imposes penalties for non-compliance by credit 
     issuers or credit reporting agencies. A fraud alert is a 
     statement inserted in a consumer's credit report that 
     notifies users that the consumer does not authorize the 
     issuance of credit in his or her name unless the consumer is 
     first notified in a pre-arranged manner.
       Sec. 3124. Truncation of credit card account numbers. By 18 
     months after enactment of this Act, all new credit-card 
     machines that print receipts electronically shall not print 
     the expiration date or more than the last five digits of the 
     customer's credit card number. By 4 years after enactment, 
     all credit card machines that electronically print out 
     receipts must comply.
       Sec. 3125. Free annual credit report. Entitles every 
     citizen to a free credit report once per year upon request.

          Part 3--Social Security Number Misuse Prevention Act

       Sec. 3131. Short title. Contains the short title, ``Social 
     Security Number Misuse Prevention Act of 2003.''
       Sec. 3132. Findings. Legislative findings in support of 
     this part.
       Sec. 3133. Prohibition of the display, sale, or purchase of 
     social security numbers. Prohibits the sale and display of a 
     social security number without the affirmatively expressed 
     consent of the individual, but allows legitimate business-to-
     business and business-to-government uses of social security 
     numbers as defined by the Attorney General. Financial 
     institutions, though not subject to the Attorney General 
     rule-making, are prohibited by their own regulators from 
     selling or displaying social security numbers to the general 
     public.
       Sec. 3134. Application of prohibition of the display, sale, 
     or purchase of social security numbers to public records. 
     Prohibits government entities from displaying social security 
     numbers on public records posted on the Internet. Only 
     records posted on the Internet after the date of enactment 
     are affected. In addition, the Attorney General may allow 
     some entities that have already posted social security 
     numbers on the Internet to continue doing so. This section 
     also prohibits government entities from displaying a person's 
     social security number on any record issued to the general 
     public through CD-ROMs or other electronic media (for records 
     issued after the date of enactment).
       Sec. 3135. Rulemaking authority of the Attorney General. 
     Allows the Attorney General to decide if social security 
     numbers should be removed from the face of simple government 
     documents like professional licenses.
       Sec. 3136. Treatment of social security numbers on 
     government documents. Requires social security numbers to be 
     prospectively removed from drivers' licenses and government 
     checks.
       Sec. 3137. Limits on personal disclosure of a social 
     security number for consumer transactions. Limits, for the 
     first time, when businesses may require a customer to provide 
     his or her social security number. Under this section, in 
     general, businesses may not require that the social security 
     number be provided. Exceptions include business purposes 
     related to credit reporting, background checks, and law 
     enforcement.
       Sec. 3138. Extension of civil monetary penalties for misuse 
     of a social security number. Authorizes the Social Security 
     Administration to issue civil penalties of up to $5,000 for 
     people who misuse social security numbers.
       Sec. 3139. Criminal penalties for misuse of a social 
     security number. Creates a five-year maximum prison sentence 
     for anyone who obtains another person's social security 
     number for the purpose of locating or identifying that person 
     with the intent to physically injure or harm her.
       Sec. 3140. Civil actions and civil penalties. Individuals 
     whose social security numbers are misused may file a claim in 
     State court to seek an injunction, or seek the greater of 
     $500 in damages or their actual monetary losses. Businesses 
     sued under the statute have an affirmative defense if they 
     have taken reasonable steps to prevent violations of this 
     part.
       Sec. 3141. Federal injunctive authority. Provides the 
     Federal government with injunctive authority with respect to 
     any violation of this part by a public entity.

                  Subtitle B--Crime Victims Assistance

       Sec. 3201. Short title. Contains the short title, the 
     ``Crime Victims Assistance Act of 2003''.

              Part 1--Victim Rights in the Federal System

       Sec. 3211. Right to consult concerning detention. Requires 
     the government to consult with victim prior to a detention 
     hearing to obtain information that can be presented to the 
     court on the issue of any threat the suspected offender may 
     pose to the victim. Requires the court to make inquiry during 
     a detention hearing concerning the views of the victim, and 
     to consider such views in determining whether the suspected 
     offender should be detained.
       Sec. 3212. Right to a speedy trial. Requires the court to 
     consider the interests of the victim in the prompt and 
     appropriate disposition of the case, free from unreasonable 
     delay.
       Sec. 3213. Right to consult concerning plea. Requires the 
     government to make reasonable efforts to notify the victim 
     of, and consider the victim's views about, any proposed or 
     contemplated plea agreement. Requires the court, prior to 
     entering judgment on a plea, to make inquiry concerning the 
     views of the victim on the issue of the plea.
       Sec. 3214. Enhanced participatory rights at trial. Provides 
     standing for the prosecutor and the victim to assert the 
     right of the victim to attend and observe the trial. Extends 
     the Victim Rights Clarification Act to apply to televised 
     proceedings. Amends the Victims' Rights and Restitution Act 
     of 1990 to strengthen the right of crime victims to be 
     present at court proceedings, including trials.
       Sec. 3215. Enhanced participatory rights at sentencing. 
     Requires the probation officer to include as part of the 
     presentence report any victim impact statement submitted by a 
     victim. Extends to all victims the right to make a statement 
     or present information in relation to the sentence. Requires 
     the court to consider the victim's views concerning 
     punishment, if such views are presented to the court, before 
     imposing sentence.
       Sec. 3216. Right to notice concerning sentence adjustment. 
     Requires the government to provide the victim the earliest 
     possible notice of the scheduling of a hearing on 
     modification of probation or supervised release for the 
     offender.
       Sec. 3217. Right to notice concerning discharge from 
     psychiatric facility. Requires the government to provide the 
     victim the earliest possible notice of the discharge or 
     conditional discharge from a psychiatric facility of an 
     offender who was found not guilty by reason of insanity.
       Sec. 3218. Right to notice concerning executive clemency. 
     Requires the government to provide the victim the earliest 
     possible notice of the grant of executive clemency to the 
     offender. Requires the Attorney General to report to Congress 
     concerning executive clemency matters delegated for review or 
     investigation to the Attorney General.

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       Sec. 3219. Procedures to promote compliance. Establishes an 
     administrative system for enforcing the rights of crime 
     victims in the Federal system.

                 Part 2--Victim Assistance Initiatives

       Sec. 3221. Pilot programs to enforce compliance with State 
     crime victim's rights laws. Authorizes the establishment of 
     pilot programs in five States to establish and operate 
     compliance authorities to promote compliance and effective 
     enforcement of State laws regarding the rights of victims of 
     crime. Compliance authorities would receive and investigate 
     complaints relating to the provision or violation of a crime 
     victim's rights, and issue findings following such 
     investigations. Amounts authorized are $8 million through 
     FY2004, and such sums as necessary for the next two fiscal 
     years.
       Sec. 3222. Increased resources to develop state-of-the-art 
     systems for notifying crime victims of important dates and 
     developments. Authorizes grants to develop and implement 
     crime victim notification systems. Amounts authorized are $10 
     million through FY2004, and $5 million for each of the next 
     two fiscal years.
       Sec. 3223. Restorative justice grants. Authorizes grants to 
     establish juvenile restorative justice programs. Eligible 
     programs shall: (1) be fully voluntary by both the victim and 
     the offender (who must admit responsibility); (2) include as 
     a critical component accountability conferences, at which the 
     victim will have the opportunity to address the offender 
     directly; (3) require that conferences be attended by the 
     victim, the offender, and when possible, the parents or 
     guardians of the offender, and the arresting officer; and (4) 
     provide an early, individualized assessment and action plan 
     to each juvenile offender. These programs may act as an 
     alternative to, or in addition to, incarceration. Amounts 
     authorized are $10 million through FY2004, and $5 million for 
     each of the next two fiscal years.

             Part 3--Amendments to the Victims of Crime Act

       Sec. 3231. Formula for distributions from the Crime Victims 
     Fund. Replaces the annual cap on distributions from the Crime 
     Victims Fund with a formula that ensures stability in the 
     amounts distributed while preserving the amounts remaining in 
     the Fund for use in future years. In general, subject to the 
     availability of money in the Fund, the total amount to be 
     distributed in any fiscal year shall be not less than 105% 
     nor more than 115% of the total amount distributed in the 
     previous fiscal year. This section also establishes minimum 
     levels of annual funding for both State victim assistance 
     grants and discretionary grants by the Office for Victims of 
     Crime.
       Sec. 3232. Clarification regarding anti-terrorism emergency 
     reserve. Clarifies the intent of the USA PATRIOT Act 
     regarding the restructured Antiterrorism emergency reserve, 
     which was that any amounts used to replenish the reserve 
     after the first year would be above any limitation on 
     spending from the Fund.
       Sec. 3233. Prohibition on diverting crime victims fund to 
     offset increased spending. Ensures that the amounts deposited 
     in the Crime Victims Fund are distributed in a timely manner 
     to assist victims of crime as intended by current law and are 
     not diverted to offset increased spending.

          Subtitle C--Violence Against Women Act Enhancements

       Sec. 3301. Transitional housing assistance grants. 
     Authorizes grants to State and local governments, Indian 
     tribes, and organizations to provide transitional housing and 
     related support services (18-month maximum with a 6-month 
     extension) to individuals and dependents who are homeless as 
     a result of domestic violence, and for whom emergency shelter 
     services or other crisis intervention services are 
     unavailable or insufficient. Amounts authorized are $30 
     million for each fiscal year through FY2007.
       Sec. 3302. Shelter services for battered women and 
     children. Provides assistance to local entities that provide 
     shelter or transitional housing assistance to victims of 
     domestic violence. Provides means to improve access to 
     information on family violence within underserved 15 
     populations. Reauthorizes funding for the Family Violence 
     Prevention and Services Act at a level of $175 million 
     through FY2006.

 Title IV--Supporting Law Enforcement and the Effective Administration 
                               of Justice

     Subtitle A--Support for Public Safety Officers and Prosecutors

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

       Sec. 4101. Short title. Contains the short title, the 
     ``Providing Reliable Officers, Technology, Education, 
     Community Prosecutors, and Training in Our Neighborhoods Act 
     of 2003,'' or ``PROTECTION Act''.
       Sec. 4102. Authorizations. Authorizes $1.15 billion per 
     year through FY 2008 to continue and modernize the Community 
     Oriented Policing Services (COPS) program, which has funded 
     114,000 new community police officers in over 12,400 law 
     enforcement agencies. This amount includes $600 million for 
     police hiring grants, $350 million per year for law 
     enforcement technology grants, and $200 million per year for 
     community prosecutor grants.

               Part 2--Hometown Heroes Survivors Benefits

       Sec. 4111. Short title. Contains the short title, the 
     ``Hometown Heroes Survivors Benefits Act of 2003''.
       Sec. 4112. Fatal heart attack or stroke on duty presumed to 
     be death in line of duty for purposes of public safety 
     officer survivor benefits. Closes a loophole in the 
     Department of Justice Public Safety Officers Benefits Program 
     by ensuring that the survivors of public safety officers who 
     die of heart attacks or strokes while on duty or within 24 
     hours after participating in a training exercise or 
     responding to an emergency situation--regardless of whether a 
     traumatic injury was present at the time of the heart attack 
     or stroke--are eligible to receive financial assistance. This 
     section applies to deaths occurring on or after January 1, 
     2002.

         Part 3--Federal Prosecutors Retirement Benefit Equity

       Sec. 4121. Short title. Contains the short title, the 
     ``Federal Prosecutors Retirement Benefit Equity Act of 
     2003''.
       Sec. 4122. Inclusion of Federal prosecutors in the 
     definition of a law enforcement officer. Amends 5 U.S.C. 
     Sec. Sec. 8331 and 8401 to extend the enhanced law 
     enforcement officer (LEO) retirement benefits to Federal 
     prosecutors, defined to include Assistant United States 
     Attorneys (AUSAs) and such other attorneys in the Department 
     of Justice as are designated by the Attorney General. This 
     section also exempts Federal prosecutors from mandatory 
     retirement provisions for LEOs under the civil service 
     laws.
       Sec. 4123. Provisions relating to incumbents. Governs the 
     treatment of incumbent Federal prosecutors who would be 
     eligible for LEO retirement benefits under this part. This 
     section requires the Office of Personnel Management to 
     provide notice to incumbents of their rights under this part; 
     allows incumbents to opt out of the LEO retirement program; 
     governs the crediting of prior service by incumbents; and 
     provides for make-up contributions for prior service of 
     incumbents to the Civil Service Retirement and Disability 
     Fund. Incumbents are given the option of either contributing 
     their own share of any make-up contributions or receiving a 
     proportionally lesser retirement benefit. The Government may 
     contribute its share of any makeup contribution ratably over 
     a ten-year period.
       Sec. 4124. Department of Justice administrative actions. 
     Allows the Attorney General to designate additional 
     Department of Justice attorneys with substantially similar 
     responsibilities, in addition to AUSAs, as Federal 
     prosecutors for purposes of this Act, and thus be eligible 
     for the LEO retirement benefit.

   Subtitle B--Rural Law Enforcement Improvement and Training Grants

       Sec. 4201. Rural Law Enforcement Retention Grant Program. 
     Authorizes grants to help rural communities retain law 
     enforcement officers hired through the COPS program for an 
     additional year. Under this program, rural communities are 
     eligible to receive a one-time retention grant of up to 20% 
     of their original COPS award. Priority is given to 
     communities that demonstrate financial hardship. Authorizes 
     $15 million a year for five years. Provides a 10% set-aside 
     to assist tribal communities.
       Sec. 4202. Rural Law Enforcement Technology Grant Program. 
     Authorizes grants to help rural communities purchase crime-
     fighting technologies without a community policing 
     requirement. Under this program, rural communities are 
     eligible to receive funding for the following general 
     categories of law enforcement-related technology: 
     communications equipment; computer hardware and software; 
     video cameras; and crime analysis technologies. Grant 
     recipients must provide 10% of the total grant amount, 
     subject to a waiver for extreme hardship. Authorizes $40 
     million a year for five years. Provides a 10% set-aside to 
     assist tribal communities.
       Sec. 4203. Rural 9-1-1 service. Authorizes $25 million in 
     grants to establish and improve 911 emergency service in 
     rural areas. Under this program, rural communities are 
     eligible to receive a grant of up to $250,000 to provide 
     access to, and improve, a communications infrastructure that 
     will ensure reliable and seamless communications between law 
     enforcement, fire, and emergency medical service providers. 
     Priority is given to communities that do not have 911 
     service. Provides a 10% set-aside to assist tribal 
     communities.
       Sec. 4204. Small town and rural law enforcement training 
     program. Authorizes funding to establish a Rural Policing 
     Institute as part of the Small Town and Rural Training 
     Program administered by the Federal Law Enforcement Training 
     Center. Funds may be used to: (1) assess the needs of law 
     enforcement in rural areas; (2) develop and deliver export 
     training to rural law enforcement; and (3) conduct outreach 
     efforts to ensure that training programs under the Rural 
     Policing Institute reach law enforcement officers in rural 
     areas. Authorizes $10 million through FY2004 to establish the 
     Rural Policing Institute, and $5 million a year for the next 
     four years to continue programs under the Institute. Provides 
     a 10% set-aside to assist tribal communities.

                         Subtitle C--FBI Reform

       Sec. 4301. Short title. Contain the short title, the 
     ``Federal Bureau of Investigation Reform Act of 2003''.

                    Part I--Whistleblower Protection

       Sec. 4311. Increasing protections for FBI whistleblowers. 
     Amends 5 U.S.C. Sec. 2303 to expand the types of disclosures 
     that trigger whistleblower protections by protecting 
     disclosures to a supervisor of the employee, the

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     Inspector General for the Department of Justice, a Member of 
     Congress, or the Special Counsel (an office associated with 
     enforcement before the Merit Systems Protection Board 
     provided for by 5 U.S.C. Sec. 1214).

                  Part 2--FBI Security Career Program

       Sec. 4321. Security management policies. Requires the 
     Attorney General to establish policies and procedures for 
     career management of FBI security personnel.
       Sec. 4322. Director of the Federal Bureau of Investigation. 
     Authorizes the Attorney General to delegate to the FBI 
     Director the Attorney General's duties with respect to the 
     FBI security workforce, and ensures that the security career 
     program will cover both headquarters and FBI field offices.
       Sec. 4323. Director of Security. Directs the FBI Director 
     to appoint a Director of Security to assist the FBI Director 
     in carrying out his duties under this part.
       Sec. 4324. Security career program boards. Provides for the 
     establishment of a security career program board to advise in 
     managing hiring, training, education, and career development 
     of personnel in the FBI security workforce.
       Sec. 4325. Designation of security positions. Directs the 
     FBI Director to designate certain positions as security 
     positions, with responsibility for personnel security and 
     access control; information systems security and information 
     assurance; physical security and technical surveillance 
     countermeasures; operational, program and industrial 
     security; and information security and classification 
     management.
       Sec. 4326. Career development. Requires that career paths 
     to senior security positions be published. No requirement or 
     preference for FBI Special Agents shall be used in the 
     consideration of persons for security positions unless the 
     Attorney General makes a special determination. All FBI 
     personnel shall have the opportunity to acquire the 
     education, training and experience needed for senior security 
     positions. Policies established under this part shall be 
     designed to select the best qualified individuals, with 
     consideration also given to the need for a balanced 
     workforce.
       Sec. 4327. General education, training, and experience 
     requirements. Directs the FBI Director to establish 
     education, training, and experience requirements for each 
     security position. Before assignment as a manager or deputy 
     manager of a significant security program, a person must have 
     completed a security program management course accredited by 
     the Intelligence Community-Department of Defense Joint 
     Security Training Consortium or determined to be comparable 
     by the FBI Director, and have six years experience in 
     security.
       Sec. 4328. Education and training programs. Directs the FBI 
     Director, in consultation with the Director of Central 
     Intelligence and the Secretary of Defense, to establish 
     education and training programs for FBI security personnel 
     that are, to the maximum extent practical, uniform with 
     Intelligence and Department of Defense programs.
       Sec. 4329. Office of Personnel Management approval. Directs 
     the Attorney General to submit any requirement established 
     under section 4327 to the Office of Personnel Management for 
     approval.

           Part 3--FBI Counterintelligence Polygraph Program

       Sec. 4331. Definitions. Defines terms used in this part.
       Sec. 4332. Establishment of program. Establishes a 
     counterintelligence screening polygraph program for the FBI, 
     consisting of periodic polygraph examinations of employees 
     and contractors in positions that are specified by the FBI 
     Director as exceptionally sensitive. This program shall be 
     established within six months of the publication of the 
     results of the Polygraph Review by the National Academy of 
     Sciences' Committee to Review the Scientific Evidence on the 
     Polygraph.
       Sec. 4333. Regulations. Directs the Attorney General to 
     prescribe regulations for the polygraph program, which 
     regulations shall include procedures for addressing ``false 
     positive'' results and ensuring quality control. No adverse 
     personnel action may be taken solely by reason of an 
     individual's physiological reaction on a polygraph 
     examination without further investigation and a personal 
     determination by the FBI Director. Employees who are subject 
     to polygraph 19 examinations shall have prompt access to 
     unclassified reports regarding any such examinations that 
     relate to adverse personnel actions.
       Sec. 4334. Report on further enhancement of FBI personnel 
     security program. Requires a report within nine months of the 
     enactment of this Act on any further legislative action that 
     the FBI Director considers appropriate to enhance the FBI's 
     personnel security program.

                             Part 4--Report

       Sec. 4341. Report on legal authority for FBI programs and 
     activities. Requires a report within nine months after 
     enactment of this Act describing the legal authority for all 
     FBI programs and activities, identifying those that have 
     express statutory authority and those that do not. This 
     section also requires the Attorney General to recommend 
     whether (1) the FBI should continue to have investigative 
     responsibility for the criminal statutes for which it 
     currently has investigative responsibility; (2) the authority 
     for any FBI program or activity should be modified or 
     repealed; (3) the FBI should have express statutory authority 
     for any program or activity for which it does not currently 
     have such authority; and (4) the FBI should have authority 
     for any new program or activity.

                   Part 5--Ending the Double Standard

       Sec. 4351. Allowing disciplinary suspensions of members of 
     the Senior Executive Service for 14 days or less. Lifts the 
     minimum of 14 days suspension that applies in the FBI's SES 
     disciplinary cases and thereby provides additional options 
     for discipline in SES cases and encourages equality of 
     treatment. The current inflexibility of disciplinary options 
     applicable to SES officials was cited at a Senate Judiciary 
     Committee oversight hearing in July 2001 as one underlying 
     reason for the ``double standard'' in FBI discipline.
       Sec. 4352. Submitting Office of Professional Responsibility 
     reports to congressional committees. Requires the OIG to 
     submit to the Judiciary Committees, for five years, annual 
     reports to be prepared by the FBI Office of Professional 
     Responsibility summarizing its investigations, 
     recommendations, and their dispositions, and also requires 
     that such annual reports include an analysis of whether any 
     double standard is being employed for FBI disciplinary 
     action.

        Part 6--Enhancing Security at the Department of Justice

       Sec. 4361. Report on the protection of security and 
     information at the Department of Justice. Requires the 
     Attorney General to submit a report to Congress on the manner 
     in which the Department of Justice Security and Emergency 
     Planning Staff, Office of Intelligence Policy and Review 
     (OIPR), and Chief Information Officer plan to improve the 
     protection of security and information at the Department, 
     including a plan to establish secure communications between 
     the FBI and OIPR for processing information related to the 
     Foreign Intelligence Surveillance Act.
       Sec. 4362. Authorization for increased resources to protect 
     security and information. Authorizes funds for the Department 
     of Justice Security and Emergency Planning Staff to meet the 
     increased demands to provide personnel, physical, 
     information, technical, and litigation security for the 
     Department, to prepare for terrorist threats and other 
     emergencies, and to review security compliance by Department 
     components. Amounts authorized are $13 million through 
     FY2004, $17 million for FY2005, and $22 million for FY2006.
       Sec. 4363. Authorization for increased resources to fulfill 
     national security mission of the Department of Justice. 
     Authorizes funds for the Department of Justice Office of 
     Intelligence Policy and Review to help meet the increased 
     personnel demands to combat terrorism, process applications 
     to the Foreign Intelligence Surveillance Court, participate 
     effectively in counterespionage investigations, provide 
     policy analysis and oversight on national security matters, 
     and enhance computer and telecommunications security. Amounts 
     authorized are $7 million through FY2004, $7.5 million for 
     FY2005, and $8 million for FY2006.

               Subtitle D--DNA Sexual Assault Justice Act

       Sec. 4401. Short title. Contains the short title, the ``DNA 
     Sexual Assault Justice Act of 2003''.
       Sec. 4402. Assessment of backlog in DNA analysis of 
     samples. Requires the Attorney General to survey law 
     enforcement to assess the extent of the backlog of untested 
     rape kits and other sexual assault evidence. Within one year 
     of enactment, the Attorney General shall submit his findings 
     in a report to Congress with a plan for carrying out 
     additional assessments and reports on the backlog as needed. 
     Authorizes $500,000 to carry out this section.
       Sec. 4403. The Debbie Smith DNA Backlog Grant Program. 
     Names a section of the DNA Backlog Elimination Act after Ms. 
     Debbie Smith, and amends the purpose section of that Act to 
     ensure the timely testing of rape kits and evidence from non-
     suspect cases.
       Sec. 4404. Increased grants for analysis of DNA samples 
     from convicted offenders and crime scenes. Extends and 
     increases authorizations in the DNA Analysis Backlog 
     Elimination Act, 42 U.S.C. Sec. 14135. That Act authorizes 
     $15 million dollars for FY2003 for DNA testing of convicted 
     offender samples, and $50 million for FY2003 and FY2004 for 
     DNA testing of crime scene evidence (including rape kits) and 
     laboratory improvement. This section increases the convicted 
     offender authorization to $15 million a year through FY2007--
     a total increase of $60 million--and increases the crime 
     scene evidence and laboratory improvement authorizations to 
     $75 million a year through FY2006, and $25 million for 
     FY2007--a total increase of $275 million.
       Sec. 4405. Authority of local governments to apply for and 
     receive DNA Backlog Elimination Grants. Authorizes local 
     State governments and Indian tribes to apply directly for 
     Debbie Smith DNA Backlog Grants so that Federal resources can 
     meet local needs more quickly.
       Sec. 4406. Improving eligibility criteria for backlog 
     grants. Amends the eligibility requirements for Debbie Smith 
     DNA Backlog Grants to ensure that applicants adhere to 
     certain protocols. In making Debbie Smith DNA Backlog Grants, 
     the Department of Justice shall give priority to applicants 
     with the greatest backlogs per capita.
       Sec. 4407. Quality assurance standards for collection and 
     handling of DNA evidence. Requires the Department of Justice 
     to develop a recommended national protocol for the collection 
     of DNA evidence at crime scenes,

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     which will provide guidance to law enforcement and other 
     first responders on appropriate ways to collect and maintain 
     DNA evidence. This section also amends the Violence Against 
     Women Act of 2000, 42 U.S.C. 3796gg, to ensure that the 
     recommended national protocol for training individuals in the 
     collection and use of DNA evidence through forensic 
     examination in cases of sexual assault that is mandated by 
     that Act is in fact developed, and to include standards for 
     training of emergency response personnel.
       Sec. 4408. Sexual Assault Forensic Exam Program Grants. 
     Authorizes grants to establish and maintain sexual assault 
     examiner programs, carry out sexual assault examiner training 
     and certification, and acquire or improve forensic equipment. 
     The grant program is authorized through FY2007, at $30 
     million per year. In awarding grants under this section, the 
     Attorney General shall give priority to programs that are 
     serving or will serve communities that are currently 
     underserved by existing sexual assault examiner programs.
       Sec. 4409. DNA Evidence Training Grants. Authorizes grants 
     to train law enforcement and prosecutors in the collection, 
     handling, and courtroom use of DNA evidence, and to train law 
     enforcement in responding to drug-facilitated sexual 
     assaults. Grants are contingent upon adherence to FBI 
     laboratory protocols, use of the collection standards 
     established pursuant to section 4407 and participation in a 
     State laboratory system. The grant program is authorized 
     through FY2007, at $10 million per year.
       Sec. 4410. Authorizing John Doe DNA Indictments. In Federal 
     sexual assault crimes, authorizes the issuance of ``John 
     Doe'' DNA indictments that identify the defendant by his DNA 
     profile. Such indictments must issue within the applicable 
     statute of limitations; thereafter, the prosecution may 
     commence at any time once the defendant is arrested or served 
     with a summons.
       Sec. 4411. Increased grants for Combined DNA Index System 
     (CODIS). Authorizes $9.7 million to upgrade the national DNA 
     database.
       Sec. 4412. Increased grants for Federal Convicted Offender 
     Program (FCOP). Authorizes $500,000 to process Federal 
     offender DNA samples and enter that information into the 
     national DNA database.
       Sec. 4413. Privacy requirements for handling DNA evidence 
     and DNA analyses. Requires the Department of Justice to 
     promulgate privacy regulations that will limit the use and 
     dissemination of DNA information generated for criminal 
     justice purposes, and ensure the privacy, security, and 
     confidentiality of DNA samples and analyses. This section 
     also amends the DNA Analysis Backlog Reduction Act of 2000 
     to increase criminal penalties for disclosing or using a 
     DNA sample or DNA analysis in violation of that act by a 
     fine not to exceed $100,000 per offense.

       Subtitle E--Additional Improvements to the Justice System

       Sec. 4501. Providing remedies for retaliation against 
     whistleblowers making congressional disclosures. Provides a 
     remedy for the currently existing right under 5 U.S.C. 
     Sec. 7211 for Federal employees to provide information to a 
     Member or Committee of Congress without retaliation. The 
     existing statute provides a right without any remedy for such 
     retaliation; this section creates a cause of action for the 
     injured employee.
       Sec. 4502. Establishment of protective function privilege. 
     Establishes a privilege against testimony by Secret Service 
     officers charged with protecting the President, those in 
     direct line for the Presidency, and visiting foreign heads of 
     state.
       Sec. 4503. Professional standards for government attorneys. 
     Clarifies the attorney conduct standards governing attorneys 
     for the Federal Government to ensure that Federal prosecutors 
     and agents can use traditional Federal law enforcement 
     techniques without running afoul of State bar rules. This 
     section also directs the U.S. Judicial Conference to develop 
     national rules of professional conduct in any area in which 
     local rules may interfere with effective Federal law 
     enforcement, including, in particular, with respect to 
     communications with represented persons.

                TITLE V--COMBATING DRUG AND GUN VIOLENCE

          Subtitle A--Drug Treatment, Prevention, and Testing

                         Part 1--Drug Treatment

       Sec. 5101. Funding for treatment in rural States and 
     economically depressed communities. Authorizes grants to 
     States to provide treatment facilities in the neediest rural 
     States and economically depressed communities that have high 
     rates of drug addiction but lack resources to provide 
     adequate treatment. Amount authorized is $50 million a year 
     through FY2006.
       Sec. 5102. Funding for residential treatment centers for 
     women with children. Authorizes grants to States to provide 
     residential treatment facilities for methamphetamine, heroin, 
     and other drug addicted women who have minor children. These 
     facilities offer specialized treatment for addicted mothers 
     and allow their children to reside with them in the facility 
     or nearby while treatment is ongoing. Amount authorized is 
     $10 million a year through FY2006.
       Sec. 5103. Drug treatment alternative to prison programs 
     administered by State or local prosecutors. Authorizes grants 
     to State or local prosecutors to implement or expand drug 
     treatment alternatives to prison programs. Amounts authorized 
     are $75 million through FY2004, $85 million for FY2005, $95 
     million for FY2006, $105 million for FY2007, and $125 million 
     for FY2008.
       Sec. 5104. Substance abuse treatment in Federal prisons 
     reauthorization. Authorizes funding for substance abuse 
     treatment in Federal prisons through FY2004.
       Sec. 5105. Drug treatment for juveniles. Allows the 
     Director of the Center for Substance Abuse to make grants to 
     public and private nonprofit entities to provide residential 
     drug treatment programs for juveniles. Authorizes such sums 
     as necessary through FY2005, and $300 million a year through 
     FY2007 from the Violent Crime Reduction Trust Fund.

            Part 2--Funding for Drug-Free Community Programs

       Sec. 5111. Extension of Safe and Drug-Free Schools and 
     Communities Program. Extends funding for the Safe and Drug-
     Free Schools and Communities Program through FY2007, at $655 
     million a year through FY2005, and $955 million for FY2006 
     and FY2007.
       Sec. 5112. Say No to Drugs Community Centers. Authorizes 
     grants for the provision of drug prevention services to youth 
     living in eligible communities during after-school hours or 
     summer vacations. Authorizes $125 million a year through 
     FY2005 from the Violent Crime Reduction Trust Fund.
       Sec. 5113. Drug education and prevention relating to youth 
     gangs. Extends funding under the Anti-Drug Abuse Act of 1988 
     through FY2007.
       Sec. 5114. Drug education and prevention program for 
     runaway and homeless youth. Extends funding under the Anti-
     Drug Abuse Act of 1988 through FY2007.

                  Part 3--Zero Tolerance Drug Testing

       Sec. 5121. Grant authority. Authorizes grants to States and 
     localities for programs supporting comprehensive drug testing 
     of criminal justice populations, and to establish appropriate 
     interventions to illegal drug use for offender populations.
       Sec. 5122. Administration. Instructs Attorney General to 
     coordinate with the other Department of Justice initiatives 
     that address drug testing and interventions in the criminal 
     justice system
       Sec. 5123. Applications. Instructs potential applicants on 
     the process of requesting such grants, which are to be 
     awarded on a competitive basis.
       Sec. 5124. Federal share. The Federal share of a grant made 
     under this part may not exceed 75% of the total cost of the 
     program.
       Sec. 5125. Geographic distribution. The Attorney General 
     shall ensure that, to the extent practicable, an equitable 
     geographic distribution of grant awards is made, with rural 
     and tribal jurisdiction representation.
       Sec. 5126. Technical assistance, training, and evaluation. 
     The Attorney General shall provide technical assistance and 
     training in furtherance of the purposes of this part.
       Sec. 5127. Authorization of appropriations. Authorizes $75 
     million for FY2003 and such sums as are necessary through 
     FY2007.
       Sec. 5128. Permanent set-aside for research and evaluation. 
     The Attorney General shall set aside between 1% to 3% of the 
     sums appropriated under section 5127 for research and 
     evaluation of this program.

                 Part 4-Crack House Statute Amendments

       Sec. 5131. Offenses. Amends crack house statute (21 U.S.C. 
     Sec. 856) to make it apply to those who (1) knowingly open, 
     lease, rent, use or maintain a place either permanently or 
     temporarily for the purpose of manufacturing, distributing or 
     using any controlled substance and (2) manage or control any 
     place, whether permanently or temporarily, for the purpose of 
     unlawfully manufacturing, storing, distributing, or using a 
     controlled substance. These changes clarify that the law 
     applies not just to ongoing drug distribution operations, but 
     to ``single-event'' activities. This section also applies the 
     law to outdoor as well as indoor venues.
       Sec. 5132. Civil penalty and equitable relief for 
     maintaining drug-involved premises. Establishes the civil 
     penalty for violating 21 U.S.C. Sec. 856 as amended to either 
     $250,000 or two times the gross receipts that were derived 
     from each violation of that section.
       Sec. 5133. Declaratory and injunctive remedies. Authorizes 
     the Attorney General to commence a civil action for 
     declaratory or injunctive relief for violations of 21 U.S.C. 
     Sec. 856 as amended.
       Sec. 5134. Sentencing Commission guidelines. Requires the 
     Sentencing Commission to review Federal sentencing guidelines 
     with respect to offenses involving gammahydroxybutyric acid 
     and consider amending Federal sentencing guidelines to 
     provide for increased penalties.
       Sec. 5135. Authorization of appropriations for a demand 
     reduction coordinator. Authorizes $5.9 million to the Drug 
     Enforcement Administration to hire a special agent in each 
     State to coordinate demand reduction activities.
       Sec. 5136. Authorization of appropriations for drug 
     education. Authorizes such sums as may be necessary to the 
     Drug Enforcement Administration to educate youths, parents, 
     and other interested adults about the drugs associated with 
     raves.

        Part 5--Cracking Down on Methamphetamine in Rural Areas

       Sec. 5141. Methamphetamine treatment programs in rural 
     areas. Authorizes grants to establish methamphetamine 
     prevention and treatment pilot programs in rural areas. 
     Provides a 10% set-aside to assist tribal communities.

[[Page S150]]

       Sec. 5142. Methamphetamine prevention education. Authorizes 
     $5 million a year through FY2008 to fund programs that 
     educate people in rural areas about the early signs of 
     methamphetamine use. Provides a 10% set-aside to assist 
     tribal communities.
       Sec. 5143. Methamphetamine cleanup. Authorizes $20 million 
     to make grants to States or units of local government to help 
     cleanup methamphetamine laboratories in rural areas and 
     improve contract-related response times for such cleanups. 
     Provides a 10% set-aside to assist tribal communities.

                      Subtitle B--Disarming Felons

                     Part 1--Our Lady of Peace Act

       Sec. 5201. Short Title. Contains the short title, the ``Our 
     Lady of Peace Act of 2003''.
       Sec. 5202. Findings. Legislative findings in support of 
     this part.
       Sec. 5203. Enhancement of requirement that Federal 
     departments and agencies provide relevant information to the 
     National Instant Criminal Background Check System. Amends the 
     Brady Handgun Violence Prevention Act to require the head of 
     each U.S. department or agency to ascertain whether it has 
     such information on persons for whom receipt of a firearm 
     would violate specified Federal provisions regarding excluded 
     individuals or State law as is necessary to enable the 
     National Instant Criminal Background Check System (NICS) to 
     operate. Directs that any such record that the department or 
     agency has to be made available to the Attorney General for 
     inclusion in the NICS.
       Sec. 5204. Requirements to obtain waiver. Makes a State 
     eligible to receive a waiver of the 10% matching requirement 
     for National Criminal History Improvement Grants if the State 
     provides at least 95% of the information described in this 
     Act, including the name of and other relevant identifying 
     information related to each person disqualified from 
     acquiring a firearm.
       Sec. 5205. Implementation grants to States. Directs the 
     Attorney General to make grants to each State: (1) to 
     establish or upgrade information and identification 
     technologies for firearms eligibility determinations; and (2) 
     for use by the State's chief judicial officer to improve 
     the handling of proceedings related to criminal history 
     dispositions and restraining orders. Authorizes $250 
     million a year through FY2006.
       Sec. 5206 Continuing evaluations. Requires the Director of 
     the Bureau of Justice Statistics to study and evaluate the 
     operations of NICS and to report on grants and on best 
     practices of States.
       Sec. 5207. Grants to State courts for the improvement in 
     automation and transmittal of disposition record. Directs the 
     Attorney General to make grants to each State for use by the 
     chief judicial officer of the State to improve the handling 
     of proceedings related to criminal history dispositions and 
     restraining orders. Authorizes $125 million a year through 
     FY2006.

       Part 2--Ballistics, Law Assistance, and Safety Technology

       Sec. 5211. Short title. Contains the short title, the 
     ``Ballistics, Law Assistance, and Safety Technology Act of 
     2003,'' or ``BLAST Act''.
       Sec. 5212. Purposes. Statement of legislative purposes.
       Sec. 5213. Definition of ballistics. Defines terms used in 
     this part.
       Sec. 5214. Test firing and automated storage of ballistics 
     records. Requires a licensed manufacturer or importer to test 
     fire firearms, prepare ballistics images, make records 
     available to the Secretary of the Treasury for entry in a 
     computerized database, and store the fired bullet and 
     cartridge casings. Directs the Attorney General and the 
     Secretary to assist firearm manufacturers and importers in 
     complying. Specifies that nothing herein creates a cause of 
     action against any Federal firearms licensee or any other 
     person for any civil liability except for imposition of a 
     civil penalty under this section. Authorizes $20 million a 
     year through FY2006 to carry out this program.
       Sec. 5215. Privacy rights of law abiding citizens. 
     Prohibits the use of ballistics information of individual 
     guns for (1) prosecutorial purposes, unless law enforcement 
     officials have a reasonable belief that a crime has been 
     committed and that ballistics information would assist in the 
     investigation of that crime, or (2) the creation of a 
     national firearms registry of gun owners.
       Sec. 5216. Demonstration firearm crime reduction strategy. 
     Directs the Secretary and the Attorney General to establish 
     in the jurisdictions selected a comprehensive firearm crime 
     reduction strategy. Requires the Secretary and the Attorney 
     General to select not fewer than ten jurisdictions for 
     participation in the program. Authorizes $20 million per year 
     through FY2006 to carry out this program.

                   Part 3--Extension of Project Exile

       Sec. 5221. Authorization of funding for additional State 
     and local gun prosecutors. Authorizes $150 million to hire 
     additional local and State prosecutors to expand the Project 
     Exile program in high gun-crime areas. Requires 
     interdisciplinary team approach to prevent, reduce, and 
     respond to firearm related crimes in partnership with 
     communities.

    Part 4--Expansion of the Youth Crime Gun Interdiction Initiative

       Sec. 5231. Youth Crime Gun Interdiction Initiative. Directs 
     the Secretary of the Treasury to expand participation in the 
     Youth Crime Gun Interdiction Initiative (YCGII). Authorizes 
     grants to States and localities for purposes of assisting 
     them in the tracing of firearms and participation in the 
     YCGII.

                          Part 5--Gun Offenses

       Sec. 5241 Gun ban for dangerous juvenile offenders. 
     Prohibits juveniles adjudged delinquent for serious drug 
     offenses or violent felonies from receiving or possessing a 
     firearm, and makes it a crime for any person to sell or 
     provide a firearm to someone they have reason to believe has 
     been adjudged delinquent. This section applies only 
     prospectively, and access to firearms may be restored under 
     State restoration of rights provisions, but only if such 
     restoration is on a case-by-case, rather than automatic 
     basis.
       Sec. 5242. Improving firearms safety. Requires gun dealers 
     to have secure gun storage devices available for sale, 
     including any device or attachment to prevent a gun's use by 
     one not having regular access to the firearm, or a lockable 
     safe or storage box.
       Sec. 5243. Juvenile handgun safety. Increases the maximum 
     penalty for transferring a handgun to a juvenile or for a 
     juvenile to unlawfully possess a handgun from one to five 
     years.
       Sec. 5244. Serious juvenile drug offenses as armed career 
     criminal predicates. Permits the use of an adjudication of 
     juvenile delinquency for a serious drug trafficking offense 
     as a predicate offense for determining whether a defendant 
     falls within the Armed Career Criminal Act. That act provides 
     additional penalties for armed criminals with a proven record 
     of serious crimes involving drugs and violence.
       Sec. 5245. Increased penalty for transferring a firearm to 
     a minor for use in crime of violence or drug trafficking 
     crime. Increases the maximum penalty for providing a firearm 
     to a juvenile that one knows will be used in a serious crime 
     from 10 to 15 years.
       Sec. 5246. Increased penalty for firearms conspiracy. 
     Subjects conspirators to the same penalties as are provided 
     for the underlying firearm offenses in 18 U.S.C. Sec. 924.

                 Part 6--Closing the Gun Show Loophole

       Sec. 5251. Findings. Legislative findings in support of 
     this part.
       Sec. 5252. Extension of Brady background checks to gun 
     shows. Closes the gun show loophole by regulating firearms 
     transfers at gun shows, including requiring criminal 
     background checks on all transferees. Increases penalties for 
     serious record-keeping violations by licensees, and for 
     violations of criminal background check requirements. Amends 
     the Brady law to prevent the Federal government from keeping 
     records on qualified purchasers for more than 90 days.

                 TITLE VI--THE INNOCENCE PROTECTION ACT

       Sec. 6001. Short title. Contains the short title, the 
     ``Innocence Protection Act of 2003.''

        Subtitle A--Exonerating the Innocent Through DNA Testing

       Sec. 6101. DNA testing in Federal criminal justice system. 
     Establishes rules and procedures governing applications for 
     DNA testing by inmates in the Federal system, and prohibits 
     the destruction of biological evidence in a criminal case 
     while a defendant remains incarcerated, with exceptions.
       Sec. 6102. DNA testing in State criminal justice system. 
     Conditions receipt of Federal grants for DNA-related programs 
     on assurances that the State will adopt adequate procedures 
     for preserving DNA evidence and making DNA testing available 
     to inmates. States must also agree to review their capital 
     convictions and conduct DNA testing where appropriate and, in 
     cases where DNA testing exonerates an inmate, investigate 
     what went wrong and take steps to prevent similar errors in 
     future cases.
       Sec. 6103. Prohibition pursuant to section 5 of the 14th 
     Amendment. Prohibits States from denying State prisoners 
     access to evidence for the purpose of DNA testing, where such 
     testing has the scientific potential to produce new, 
     noncumulative evidence that is material to the prisoner's 
     claim of innocence, and that raises a reasonable probability 
     that he or she would not have been convicted.
       Sec. 6104. Grants to prosecutors for DNA testing programs. 
     Permits States to use grants under the Edward Byrn Memorial 
     State and Local Law Enforcement Assistance Programs to fund 
     the growing number of prosecutor-initiated programs that 
     review convictions to identify cases in which DNA testing is 
     appropriate and that offer DNA testing to inmates in such 
     cases.

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

       Sec. 6201. Capital Representation System Improvement 
     Grants. Authorizes grants to States to improve the quality of 
     legal representation provided to indigent defendants in 
     capital cases. States that choose to accept Federal funds 
     agree to create or improve an effective system for providing 
     competent legal representation in capital cases. The 
     following funds are authorized to carry out the grant 
     programs: FY2003: $50.million; FY2004: $75 million; FY2005 
     and FY2006: $ 100 million per year; FY2007: $75 million; 
     FY2008: $50 million.
       Sec. 6202. Enforcement suits. A person may bring a civil 
     suit in Federal district court against an officer of a State 
     receiving Federal funds under section 6201, alleging that the 
     State has failed to maintain an effective capital 
     representation system as required under the grant program. 
     The Attorney General may intervene in such suits, and where

[[Page S151]]

     he does so, he assumes responsibility for conducting the 
     action. If the court finds that the State has not met the 
     grant conditions, it may order injunctive or declaratory 
     relief, but not money damages.
       Sec. 6203. Grants to qualified capital defender 
     organizations. If a State does not qualify or does not apply 
     for a grant under section 6201, a qualified capital defender 
     organization in that State may apply for grant funds. Grants 
     to such organizations may be used to strengthen systems, 
     recruit and train attorneys, and augment an organization's 
     resources for providing competent representation in capital 
     cases.
       Sec. 6204. Grants to train prosecutors, defense counsel, 
     and State and local judges handling State capital cases. 
     Authorizes grants to train State and local prosecutors, 
     defense counsel, and judges in handling capital cases. Each 
     program is authorized at $15 million through FY2007.

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

       Sec. 6301. Protecting the rights of death row inmates to 
     review of cases granted certiorari. Ensure that a defendant 
     who is granted certiorari by the Supreme Court (an action 
     requiring four affirmative votes by qualified Justices), but 
     who is not granted a stay of execution by the Court (an 
     action requiring five affirmative votes), is not executed 
     while awaiting review of his case.

         Subtitle D--Compensation for the Wrongfully Convicted

       Sec. 6401. Increased compensation in Federal cases. 
     Increases the maximum amount of damages that the U.S. Court 
     of Federal Claims may award against the United States in 
     cases of unjust imprisonment from a flat $5,000 to $ 10,000 
     per year.
       Sec. 6402. Sense of Congress regarding compensation in 
     State death penalty cases. Expresses the sense of Congress 
     that States should provide reasonable compensation to any 
     person found to have been unjustly convicted of an offense 
     against the State and sentenced to death.

        Subtitle E--Student Loan Repayment for Public Attorneys

       Sec. 6501. Student loan repayment for public attorneys. 
     Encourages qualified individuals to enter and continue 
     employment as prosecutors and public defenders by 
     establishing a program to repay Stafford loans for both 
     prosecutors and defenders who agree to remain employed for 
     the required period of service. This section also extends 
     Perkins loan forgiveness--currently available only to 
     prosecutors--to public defenders. Repayment benefits may not 
     exceed $6,000 in a single calendar year, or a total of 
     $40,000 for any individual.

           TITLE VII--STRENGTHENING THE FEDERAL CRIMINAL LAWS

            Subtitle A--Anti-Atrocity Alien Deportation Act

       Sec. 7101. Short title. Contains the short title, the 
     ``Anti-Atrocity Alien Deportation Act of 2003''.
       Sec. 7102. Inadmissibility and deportability of aliens who 
     have committed acts of torture or extrajudicial killing 
     abroad. Amends the Immigration and Nationality Act by 
     expanding the grounds for inadmissibility and deportation to 
     cover aliens who have committed, ordered, incited, assisted, 
     or otherwise participated in the commission of acts of 
     torture or extrajudicial killing abroad and clarify and 
     expand the scope of the genocide bar. This section applies to 
     acts committed before, on, or after the date this legislation 
     is enacted, and to all cases after enactment, even where the 
     acts in question occurred or where adjudication procedures 
     were initiated prior to enactment.
       Sec. 7103. Inadmissibility and deportability of foreign 
     government officials who have committed particularly severe 
     violations of religious freedom. Amends 8 U.S.C. 11 
     82(a)(2)(G), which was added as part of the International 
     Religious Freedom Act of 1998, to expand the grounds for 
     inadmissibility and deportability of aliens who commit 
     particularly severe violations of religious freedom.
       Sec. 7104. Bar to good moral character for aliens who have 
     committed acts of torture, extrajudicial killings, or severe 
     violations of religious freedom. Amends 8 U.S.C. 1101(f), 
     which provides the current definition of ``good moral 
     character,'' to make clear that aliens who have committed 
     torture, extrajudicial killing, or severe violation of 
     religious freedom abroad do not qualify. This amendment 
     prevents aliens covered by the amendments made in sections 
     7102 and 7103 from becoming U.S. citizens or benefitting from 
     cancellation of removal or voluntary departure.
       Sec. 7105. Establishment of the Office of Special 
     Investigations. Provides explicit statutory authority for the 
     Office of Special Investigations (OSI), which was established 
     in 1979 within the Criminal Division of the Department, and 
     expands OSI's current authorized mission beyond Nazi war 
     criminals. This section also sets forth specific 
     considerations in determining the appropriate legal action to 
     take against an alien who has participated in Nazi 
     persecution, genocide, torture or extrajudicial killing 
     abroad, and expressly directs the Department of Justice to 
     consider the availability of prosecution under U.S. laws for 
     any conduct that forms the basis for removal and 
     denaturalization. In addition, the Department is directed to 
     consider deportation to foreign jurisdictions that are 
     prepared to undertake such a prosecution.
       Sec. 7106. Report on implementation. Directs the Attorney 
     General, in consultation with the INS Commissioner, to report 
     within six months on the implementation of the Act, including 
     procedures for referral of matters to OSI, any revisions made 
     to INS forms to reflect amendments made by the Act, and the 
     procedures developed, with adequate due process protection, 
     to obtain sufficient evidence and determine whether an alien 
     is deemed inadmissible under the Act.

                   Subtitle B--Deterring Cargo Theft

       Sec. 7201. Punishment of cargo theft. Clarifies Federal 
     statute governing thefts of vehicles normally used in 
     interstate commerce to includes trailers, motortrucks, and 
     air cargo containers; and freight warehouses and transfer 
     stations. Makes such a theft a felony punishable by three 
     (not one) years in prison. Provides for appropriate 
     amendments to the Sentencing Guidelines.
       Sec. 7202. Reports to Congress on cargo theft. Mandates 
     annual reports by the Attorney General to evaluate and 
     identify further means of combating cargo theft.
       Sec. 7203. Establishment of advisory committee on cargo 
     theft. Establishes a 6-member Advisory Committee on Cargo 
     Theft with representatives of the Departments of Justice, 
     Treasury and Transportation, and three experts from the 
     private sector. Committee will hold hearings and submit a 
     report within one year with detailed recommendations on cargo 
     security.
       Sec. 7204. Addition of attempted theft and counterfeiting 
     offenses to eliminate gaps and inconsistencies in coverage. 
     Amends 22 statutes to clarify that an attempt to embezzle 
     funds or counterfeit is a crime, just as is actual 
     embezzlement or counterfeiting.
       Sec. 7205. Clarification of scienter requirement for 
     receiving property stolen from an Indian tribal organization. 
     Provides that it is a crime to receive, conceal or retain 
     property stolen from a tribal organization if one knows that 
     the property has been stolen, even if one did not know that 
     it had been stolen from a tribal organization.
       Sec. 7206. Larceny involving post office boxes and postal 
     stamp vending machines. Clarifies that it is a crime to steal 
     from a post office box or stamp vending machine irrespective 
     of whether it is in a building used by the Postal Service.
       Sec. 7207. Expansion of Federal theft offenses to cover 
     theft of vessels. Expands Federal law covering the 
     transportation of stolen vehicles to include watercraft.

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

       Sec. 7301. Enhanced penalties for cultural heritage crimes. 
     Increases penalties for violations of the Archaeological 
     Resources Protection Act of 1979 and other cultural heritage 
     crimes.
       Sec. 7302. Enhanced enforcement of laws affecting 
     racketeer-influenced and corrupt organizations. Enhances the 
     ability of Federal and State regulators to enforce existing 
     law by giving State Attorneys General and the Securities and 
     Exchange Commission explicit authority to bring a civil RICO 
     action under 18 U.S.C. Sec. 1964. Currently, only the U.S. 
     Attorney General has such authority.
       Sec. 7303. Increased maximum corporate penalty for 
     antitrust violations. Increases the maximum statutory fine 
     for corporations convicted of criminal antitrust violations 
     from the current Sherman Act maximum of $10 million to a new 
     maximum of $100 million.
       Sec. 7304. Technical correction to ensure compliance of 
     sentencing guidelines with provisions of all Federal 
     statutes. Ensures that sentencing guidelines promulgated by 
     the United States Sentencing Commission are consistent with 
     the provisions of all Federal statutes.
       Sec. 7305. Inclusion of assault crimes and unlicensed money 
     transmitting businesses as racketeering activity. Makes 
     assault with a dangerous weapon, assault resulting in serious 
     bodily injury, and operating an unlicensed money transmitting 
     business predicate crimes for a RICO prosecution.
       Sec. 7306. Inclusion of unlicensed money transmitting 
     businesses and structuring currency transactions to evade 
     reporting requirement as wiretap predicates. Adds Sec. 18 
     U.S.C. Sec. Sec. 1960 and 5324 to list of offenses for which 
     the Government may seek a wiretap.
                                 ______
                                 
      By Mr. ALLARD (for himself, Mrs. Clinton, Mr. Shelby, Mr. 
        Feingold, Mr. Burns, Mr. Sessions, Mr. Harkin, and Mr. 
        Corzine):
  S. 98. A bill to amend the Bank Holding Company Act of 1956, and the 
Revised Statutes of the United States, to prohibit financial holding 
companies and national banks from engaging, directly or indirectly, in 
real estate brokerage or real estate management activities, and for 
other purposes; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mr. ALLARD. Mr. President, I would like to make a few brief comments 
about legislation I am introducing today. I also will talk briefly 
about some of the agenda items I have been looking at for this year. 
Obviously, having just been sworn into office today, we are putting 
together our agendas and beginning to think seriously about what kind 
of issues we would like to put forward.

[[Page S152]]

  The people of Colorado understand that, as we move into this session, 
my priority is the cleanup of a number of our Superfund sites in 
Colorado, staying on track with the cleanup of Rocky Flats by 2006, 
cleaning up the Shattuck waste site, as well as the cleanup of Pueblo 
Depot.
  I will also be working on transportation issues which are important 
to States such as Colorado, Wyoming, the home State of the presiding 
officer, as well as throughout the country. Transportation will be a 
big issue as we move into this session.
  Another issue I have spoken about is housing, which we will be 
dealing with in this session. I also plan to focus on missile defense 
and judiciary nominations.
  The legislation I rise today to introduce is called the Community 
Choice In Real Estate Act of 2003. I am pleased to have Senators 
Clinton, Shelby, Feingold, Burns, Sessions, and Harkin join me in 
introducing this bill. This is something I am doing as part of the 
effort to keep the housing markets competitive and strong.
  The Community Choice in Real Estate Act of 2003 is the continuation 
of an effort that I began in the 107th Congress. This bill would 
clarify Congressional intent that real estate brokerage and management 
are not financial activities and would therefore retain the separation 
of commerce and banking that we intended during consideration of the 
Gramm-Leach-Bliley Act.
  The Gramm-Leach-Bliley Act closed the unitary thrift loophole that 
allowed a single savings and loan to be owned by a commercial entity. 
This clearly established that banking and commerce were not to mix. 
Congress explicitly defined several functions to be financial in nature 
or incidental to finance to clarify the separation. Real estate 
management and brokerage services were not defined as financial 
activities.
  Congress already established a clear position regarding banks' 
involvement in real estate management and brokerage activities, and the 
bill I'm introducing with my colleagues would reiterate that 
prohibition. I believe that we should not permit federal regulators to 
preempt the intent of Congress.
  The real estate and banking industries have served America well, and 
I believe that the current system provides consumers with many 
important options. I know that the regulators received many letter 
during the comment period. I commend them for taking the time to allow 
all interested parties to comment and for their pledge to carefully 
review all comments. I intend to continue to work with them to ensure 
that Congressional intent is followed in this matter.
  Realtors play a vital role in our economy, and housing has been one 
of the bright spots in our otherwise slow economy. Realtors are an 
integral part of the housing industry share in the credit for this 
positive economic news.
  Additionally, Realtors help fuel the economy as small businesses. As 
a small businessman myself, I can appreciate the challenges of starting 
and running a small business. As a U.S. Senator I have worked hard to 
reduce rules and regulations hindering small businesses, as well as 
excessive taxes. The Community Choice in Real Estate Act of 2003 will 
ensure that small real estate businesses are able to continue to 
thrive.
  Mr. President, I urge the Senate to promptly consider this matter, 
and I would ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 98

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Choice in Real 
     Estate Act of 2003''.

     SEC. 2. CLARIFICATION THAT REAL ESTATE BROKERAGE AND 
                   MANAGEMENT ACTIVITIES ARE NOT BANKING OR 
                   FINANCIAL ACTIVITIES.

       (a) Bank Holding Company Act of 1956.--Section 4(k) of the 
     Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)) is 
     amended by adding at the end the following new paragraph:
       ``(8) Real estate brokerage and real estate management 
     activities.--
       ``(A) In general.--The Board may not determine that real 
     estate brokerage activity or real estate management activity 
     is an activity that is financial in nature, is incidental to 
     any financial activity, or is complementary to a financial 
     activity.
       ``(B) Real estate brokerage activity defined.--For purposes 
     of this paragraph, the term `real estate brokerage activity' 
     means any activity that involves offering or providing real 
     estate brokerage services to the public, including--
       ``(i) acting as an agent for a buyer, seller, lessor, or 
     lessee of real property;
       ``(ii) listing or advertising real property for sale, 
     purchase, lease, rental, or exchange;
       ``(iii) providing advice in connection with sale, purchase, 
     lease, rental, or exchange of real property;
       ``(iv) bringing together parties interested in the sale, 
     purchase, lease, rental, or exchange of real property;
       ``(v) negotiating, on behalf of any party, any portion of a 
     contract relating to the sale, purchase, lease, rental, or 
     exchange of real property (other than in connection with 
     providing financing with respect to any such transaction);
       ``(vi) engaging in any activity for which a person engaged 
     in the activity is required to be registered or licensed as a 
     real estate agent or broker under any applicable law; and
       ``(vii) offering to engage in any activity, or act in any 
     capacity, described in clause (i), (ii), (iii), (iv), (v), or 
     (vi).
       ``(C) Real estate management activity defined.--For 
     purposes of this paragraph, the term `real estate management 
     activity' means any activity that involves offering or 
     providing real estate management services to the public, 
     including--
       ``(i) procuring any tenant or lessee for any real property;
       ``(ii) negotiating leases of real property;
       ``(iii) maintaining security deposits on behalf of any 
     tenant or lessor of real property (other than as a depository 
     institution for any person providing real estate management 
     services for any tenant or lessor of real property);
       ``(iv) billing and collecting rental payments with respect 
     to real property or providing periodic accounting for such 
     payments;
       ``(v) making principal, interest, insurance, tax, or 
     utility payments with respect to real property (other than as 
     a depository institution or other financial institution on 
     behalf of, and at the direction of, an account holder at the 
     institution);
       ``(vi) overseeing the inspection, maintenance, and upkeep 
     of real property, generally; and
       ``(vii) offering to engage in any activity, or act in any 
     capacity, described in clause (i), (ii), (iii), (iv), (v), or 
     (vi).
       ``(D) Exception for company property.--This paragraph does 
     not apply to an activity of a bank holding company or any 
     affiliate of such company that directly relates to managing 
     any real property owned by such company or affiliate, or the 
     purchase, sale, or lease of property owned, or to be used or 
     occupied, by such company or affiliate.''.
       (b) Revised Statutes of the United States.--Section 
     5136A(b) of the Revised Statutes of the United States (12 
     U.S.C. 24a(b)) is amended by adding at the end the following 
     new paragraph:
       ``(4) Real estate brokerage and real estate management 
     activities.--
       ``(A) In general.--The Secretary may not determine that 
     real estate brokerage activity or real estate management 
     activity is an activity that is financial in nature, is 
     incidental to any financial activity, or is complementary to 
     a financial activity.
       ``(B) Definitions.--For purposes of this paragraph, the 
     terms `real estate brokerage activity' and `real estate 
     management activity' have the same meanings as in section 
     4(k)(8) of the Bank Holding Company Act of 1956.
       ``(C) Exception for company property.--This paragraph does 
     not apply to an activity of a national bank, or a subsidiary 
     of a national bank, that directly relates to managing any 
     real property owned by such bank or subsidiary, or the 
     purchase, sale, or lease of property owned, or to be owned, 
     by such bank or subsidiary.''.

  Mrs. CLINTON. Mr. President, I am so pleased to join my colleague, 
Senator Allard from Colorado, today to introduce the Community Choice 
in Real Estate Act of 2003.
  This critically important piece of legislation would clarify 
Congressional intent, by preventing the Federal Reserve Board and the 
Treasury Department from issuing a regulation permitting banks and 
their affiliates from engaging in real estate management and brokerage 
activities, which are commercial--and not financial--in nature.
  The legislation that Senator Allard and I are introducing today 
recognizes the possible unintended consequences that implementation of 
such regulation could have on consumers and on the real estate 
industry. The powers afforded banks under the Gramm-Leach-Bliley act 
would give banks a considerable competitive advantage over brokers and 
service providers who lack access to customer financial information. I 
am concerned that this could force independent real estate brokers out 
of the market, and in turn lower the quality of service to consumers.

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  Congress has armed regulators with the flexibility to adapt to 
changes in the marketplace. Indeed, in the coming years, I am confident 
the Federal Reserve Board and the Treasury Department will determine 
the effect that the Gramm-Leach-Bliley Act is having on the financial 
market place and on consumers. As the effects are analyzed and changes 
considered, I urge that safeguards be included that ensure the 
protection of consumers and existing businesses as well as compliance 
with the intent of Congress. Until then, allowing banks in real estate 
could create inherent conflicts of interest for the lenders and 
brokers, and could place inevitable pressure on consumers and limit 
their choices in products and services.
  Last year, there was tremendous support for this legislation in the 
House and Senate, and I look forward to working with my colleagues 
again this year to ensure the Treasury Secretary hears loud and clear 
the intent of Congress to protect consumers, and to protect an industry 
from being put at a competitive disadvantage through executive action.

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