[Congressional Record Volume 150, Number 42 (Tuesday, March 30, 2004)]
[House]
[Pages H1666-H1683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, FISCAL YEARS
2004 THROUGH 2006
Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 3036) to authorize appropriations for the
Department of Justice for fiscal years 2004 through 2006, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 3036
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department
of Justice Appropriations Authorization Act, Fiscal Years
2004 through 2006''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations for fiscal year 2004.
Sec. 102. Authorization of appropriations for fiscal year 2005.
Sec. 103. Authorization of appropriations for fiscal year 2006.
TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies
Sec. 201. Merger of Byrne grant program and Local Law Enforcement Block
Grant program.
Sec. 202. Clarification of number of recipients who may be selected in
a given year to receive Public Safety Officer Medal of
Valor.
Sec. 203. Congressional medal and plaque for public safety officers who
responded to the attacks on the United States on
September 11, 2001.
Sec. 204. Clarification of official to be consulted by Attorney General
in considering application for emergency Federal law
enforcement assistance.
Sec. 205. Clarification of uses for regional information sharing system
grants.
Sec. 206. Integrity and enhancement of national criminal record
databases.
Sec. 207. Extension of matching grant program for law enforcement armor
vests.
Subtitle B--Building Community Capacity to Prevent, Reduce, and Control
Crime
Sec. 211. Office of Weed and Seed Strategies.
Subtitle C--Assisting Victims of Crime
Sec. 221. Grants to local nonprofit organizations to improve outreach
services to victims of crime.
Sec. 222. Clarification and enhancement of certain authorities relating
to Crime Victims Fund.
Sec. 223. Amounts received under crime victim grants may be used by
State for training purposes.
Sec. 224. Clarification of authorities relating to Violence Against
Women formula and discretionary grant programs.
Sec. 225. Expansion of grant programs assisting enforcement of domestic
violence cases to also assist enforcement of sexual
assault cases.
Sec. 226. Change of certain reports from annual to biennial.
Sec. 227. Clarification of recipients and programs eligible for grants
under Rural Domestic Violence and Child Abuse Enforcement
Assistance program.
Subtitle D--Preventing Crime
Sec. 231. Clarification of definition of violent offender for purposes
of juvenile drug courts.
Sec. 232. Changes to distribution and allocation of grants for drug
courts.
Sec. 233. Eligibility for grants under drug court grants program
extended to courts that supervise non-offenders with
substance abuse problems.
Sec. 234. Term of Residential Substance Abuse Treatment program for
local facilities.
Subtitle E--Other Matters
Sec. 241. Changes to certain financial authorities.
Sec. 242. Coordination duties of Assistant Attorney General.
Sec. 243. Simplification of compliance deadlines under sex-offender
registration laws.
Sec. 244. Repeal of certain programs.
Sec. 245. Elimination of certain notice and hearing requirements.
Sec. 246. Amended definitions for purposes of Omnibus Crime Control and
Safe Streets Act of 1968.
Sec. 247. Clarification of authority to pay subsistence payments to
prisoners for health care items and services.
Sec. 248. Office of Audit, Assessment, and Management.
Sec. 249. Community Capacity Development Office.
Sec. 250. Office of Applied Law Enforcement Technology.
Sec. 251. Availability of funds for grants.
Sec. 252. Consolidation of financial management systems of Office of
Justice Programs.
Sec. 253. Authorization and change of COPS program to single grant
program.
Sec. 254. Clarification of persons eligible for benefits under Public
Safety Officers' Death Benefits programs.
Sec. 255. Research-based bullying prevention programs.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Technical amendments relating to Public Law 107-56.
Sec. 302. Miscellaneous technical amendments.
Sec. 303. Minor substantive amendment relating to contents of FBI
annual report.
Sec. 304. Use of Federal training facilities.
Sec. 305. Privacy officer.
Sec. 306. Bankruptcy crimes.
Sec. 307. Report to Congress on status of United States persons or
residents detained on suspicion of terrorism.
Sec. 308. Technical correction relating to definition used in
``terrorism transcending national boundaries'' statute.
Sec. 309. Increased penalties and expanded jurisdiction for sexual
abuse offenses in correctional facilities.
Sec. 310. Expanded jurisdiction for contraband offenses in correctional
facilities.
Sec. 311. Magistrate judge's authority to continue preliminary hearing.
Sec. 312. Recognizing the 40th anniversary of the founding of the
Lawyers' Committee for Civil Rights Under Law and
supporting the designation of an Equal Justice Day.
TITLE IV--KOBY MANDELL ACT
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Establishment of an Office in the Department of Justice to
undertake specific steps to facilitate the capture of
terrorists who have harmed American citizens overseas and
to ensure that all American victims of overseas terrorism
are treated equally.
Sec. 404. Authorization of appropriations.
TITLE V--MATTERS RELATING TO INTELLIGENCE AND COUNTERINTELLIGENCE
Sec. 501. FBI Office of Counterintelligence.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2004.
There are authorized to be appropriated for fiscal year
2004, to carry out the activities of the Department of
Justice (including any bureau, office, board, division,
commission, subdivision, unit, or other component thereof),
the following sums:
(1) General administration.--For General Administration:
$133,772,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $197,420,000 for administration of pardon
and clemency petitions and for immigration-related
activities.
(3) Office of inspector general.--For the Office of
Inspector General: $70,000,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a
confidential character.
(4) General legal activities.--For General Legal
Activities: $665,346,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(C) such sums as may be necessary for administrative
expenses in accordance with the Radiation Exposure
Compensation Act.
[[Page H1667]]
(5) Antitrust division.--For the Antitrust Division:
$141,898,000.
(6) United states attorneys.--For United States Attorneys:
$1,556,784,000, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual
property crimes, including software counterfeiting crimes,
crimes identified in the No Electronic Theft (NET) Act
(Public Law 105-147), and violations of laws prohibiting
unsolicited commercial e-mail: Provided, That such amounts in
the appropriations account ``General Legal Services'' as may
be expended for such investigations or prosecutions shall
count towards this minimum as though expended from this
appropriations account.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $4,639,569,000, which shall
include--
(A) not to exceed $11,174,000 for construction, to remain
available until expended;
(B) not to exceed $70,000 to meet unforeseen emergencies of
a confidential character; and
(C) such sums as may be necessary to assign employees to
the Terrorism Threat Integration Center: Provided, That such
amounts may only be expended for analyzing intelligence
information.
(8) United states marshals service.--For the United States
Marshals Service: $733,843,000, which shall include not to
exceed $14,066,000 for construction, to remain available
until expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$4,677,214,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,601,327,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$851,987,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $156,145,000 to remain available until
expended, which shall include not to exceed $6,000,000 for
construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $550,609,000, for
expenses not otherwise provided for, for the investigation
and prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from
such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,212,000.
(15) Community relations service.-- For the Community
Relations Service: $9,526,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,949,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $11,051,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $814,097,000.
(19) Identification systems integration.--For expenses
necessary for the operation of the Identification System
Integration: $34,077,000.
(20) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $140,083,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice
Programs, the Office on Violence Against Women, and the
Community Oriented Policing Services program, the following
sums:
(A) $106,016,000 for the Office of Justice Programs.
(B) $13,622,000 for the Office on Violence Against Women.
(C) $29,684,000 for the Community Oriented Policing
Services program.
(22) Legal activities office automation.--For necessary
expenses related to office automation: $33,240,000.
(23) Counterterrorism fund.--For necessary expenses of the
Counterterrorism Fund: $1,000,000.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2005.
There are authorized to be appropriated for fiscal year
2005, to carry out the activities of the Department of
Justice (including any bureau, office, board, division,
commission, subdivision, unit, or other component thereof),
the following sums:
(1) General administration.--For General Administration:
$186,551,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $202,518,000 for administration of pardon
and clemency petitions and for immigration-related
activities.
(3) Office of inspector general.--For the Office of
Inspector General: $71,400,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a
confidential character.
(4) General legal activities.--For General Legal
Activities: $657,135,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(C) such sums as may be necessary for administrative
expenses in accordance with the Radiation Exposure
Compensation Act.
(5) Antitrust division.--For the Antitrust Division:
$136,463,000.
(6) United states attorneys.--For United States Attorneys:
$1,547,519,000, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual
property crimes, including software counterfeiting crimes,
crimes identified in the No Electronic Theft (NET) Act
(Public Law 105-147), and violations of law, against
unsolicited commercial e-mail: Provided, That such amounts in
the appropriations account ``General Legal Services'' as may
be expended for such investigations or prosecutions shall
count towards this minimum as though expended from this
appropriations account.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $5,058,921,000, which shall
include--
(A) not to exceed $1,250,000 for construction, to remain
available until expended;
(B) not to exceed $70,000 to meet unforeseen emergencies of
a confidential character; and
(C) such sums as may be necessary to assign employees to
the Terrorism Threat Integration Center: Provided, That such
amounts may only be expended for analyzing intelligence
information.
(8) United states marshals service.--For the United States
Marshals Service: $743,441,000, which shall include not to
exceed $1,371,000 for construction, to remain available until
expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$4,706,232,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,661,503,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$868,857,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $177,585,000 to remain available until
expended, which shall include not to exceed $6,000,000 for
construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $580,632,000, for
expenses not otherwise provided for, for the investigation
and prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from
such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,220,000.
(15) Community relations service.--For the Community
Relations Service: $9,833,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $21,759,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $10,650,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $938,810,000.
(19) Joint automated booking system.--For the necessary
expenses of the Joint Automated Booking System: $20,309,000.
(20) Integrated automated fingerprint.--For the expenses
necessary for Integrated Automated Fingerprint activities:
$5,054,000.
(21) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $101,971,000.
(22) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice
Programs, the Office on Violence Against Women, and the
Community Oriented Policing Services program, the following
sums:
(A) $118,730,000 for the Office of Justice Programs.
(B) $13,894,000 for the Office on Violence Against Women.
(C) $30,278,000 for the Community Oriented Policing
Services program.
(23) Legal activities office automation.--For necessary
expenses related to office automation: $80,510,000.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2006.
There are authorized to be appropriated for fiscal year
2006, to carry out the activities of the Department of
Justice (including any bureau, office, board, division,
commission, subdivision, unit, or other component thereof),
the following sums:
(1) General administration.--For General Administration:
$190,282,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $206,568,000 for administration of pardon
and clemency petitions and for immigration-related
activities.
(3) Office of inspector general.--For the Office of
Inspector General: $72,828,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a
confidential character.
(4) General legal activities.--For General Legal
Activities: $670,278,000, which shall include--
[[Page H1668]]
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(C) such sums as may be necessary for administrative
expenses in accordance with the Radiation Exposure
Compensation Act.
(5) Antitrust division.--For the Antitrust Division:
$139,192,000.
(6) United states attorneys.--For United States Attorneys:
$1,578,469,000, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual
property crimes, including software counterfeiting crimes,
crimes identified in the No Electronic Theft (NET) Act
(Public Law 105-147), and violations of law, against
unsolicited commercial e-mail: Provided, That such amounts in
the appropriations account ``General Legal Services'' as may
be expended for such investigations or prosecutions shall
count towards this minimum as though expended from this
appropriations account.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $5,160,099,000, which shall
include--
(A) not to exceed $1,250,000 for construction, to remain
available until expended;
(B) not to exceed $70,000 to meet unforeseen emergencies of
a confidential character; and
(C) such sums as may be necessary to assign employees to
the Terrorism Threat Integration Center: Provided, That such
amounts may only be expended for analyzing intelligence
information.
(8) United states marshals service.--For the United States
Marshals Service: $758,310,000, which shall include not to
exceed $1,371,000 for construction, to remain available until
expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$4,800,357,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,694,733,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$886,234,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $181,137,000 to remain available until
expended, which shall include not to exceed $6,000,000 for
construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $592,245,000, for
expenses not otherwise provided for, for the investigation
and prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from
such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,244,000.
(15) Community relations service.--For the Community
Relations Service: $10,030,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,194,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $10,863,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $957,586,000.
(19) Joint automated booking system.--For the necessary
expenses of the Joint Automated Booking System: $20,715,000.
(20) Integrated automated fingerprint.--For the expenses
necessary for Integrated Automated Fingerprint activities:
$5,155,000.
(21) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $104,010,000.
(22) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice
Programs, the Office on Violence Against Women, and the
Community Oriented Policing Services program, the following
sums:
(A) $121,105,000 for the Office of Justice Programs.
(B) $14,172,000 for the Office on Violence Against Women.
(C) $31,343,000 for the Community Oriented Policing
Services program.
(23) Legal activities office automation.--For necessary
expenses related to office automation: $82,120,000.
TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies
SEC. 201. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM.
(a) In General.--Part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended as follows:
(1) Subpart 1 of such part (42 U.S.C. 3751-3759) is
repealed.
(2) Such part is further amended--
(A) by inserting before section 500 (42 U.S.C. 3750) the
following new heading:
``Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program'';
(B) by amending section 500 to read as follows:
``SEC. 500. NAME OF PROGRAM.
``(a) In General.--The grant program established under this
subpart shall be known as the `Edward Byrne Memorial Justice
Assistance Grant Program'.
``(b) References to Former Programs.--Any reference in a
law, regulation, document, paper, or other record of the
United States to the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs, or to the Local
Government Law Enforcement Block Grants program, shall be
deemed to be a reference to the grant program referred to in
subsection (a).''; and
(C) by inserting after section 500 the following new
sections:
``SEC. 501. DESCRIPTION.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available to carry out
this subpart, the Attorney General may, in accordance with
the formula established under section 505, make grants to
States and units of local government, for use by the State or
unit of local government to provide additional personnel,
equipment, supplies, contractual support, training, technical
assistance, and information systems for criminal justice,
including for any one or more of the following programs:
``(A) Law enforcement programs.
``(B) Prosecution and court programs.
``(C) Prevention and education programs.
``(D) Corrections and community corrections programs.
``(E) Drug treatment programs.
``(F) Planning, evaluation, and technology improvement
programs.
``(2) Rule of construction.--Paragraph (1) shall be
construed to ensure that a grant under that paragraph may be
used for any purpose for which a grant was authorized to be
used under either or both of the programs specified in
section 500(b), as those programs were in effect immediately
before the enactment of this paragraph.
``(b) Contracts and Subawards.--A State or unit of local
government may, in using a grant under this subpart for
purposes authorized by subsection (a), use all or a portion
of that grant to contract with or make one or more subawards
to one or more--
``(1) neighborhood or community-based organizations that
are private and nonprofit;
``(2) units of local government; or
``(3) tribal governments.
``(c) Program Assessment Component; Waiver.--
``(1) Each program funded under this subpart shall contain
a program assessment component, developed pursuant to
guidelines established by the Attorney General, in
coordination with the National Institute of Justice.
``(2) The Attorney General may waive the requirement of
paragraph (1) with respect to a program if, in the opinion of
the Attorney General, the program is not of sufficient size
to justify a full program assessment.
``(d) Prohibited Uses.--Notwithstanding any other provision
of this Act, no funds provided under this subpart may be
used, directly or indirectly, to provide any of the following
matters:
``(1) Any security enhancements or any equipment to any
nongovernmental entity that is not engaged in criminal
justice or public safety.
``(2) Unless the Attorney General certifies that
extraordinary and exigent circumstances exist that make the
use of such funds to provide such matters essential to the
maintenance of public safety and good order--
``(A) vehicles, vessels, or aircraft;
``(B) luxury items;
``(C) real estate;
``(D) construction projects (other than penal or
correctional institutions); or
``(E) any similar matters.
``(e) Administrative Costs.--Not more than 10 percent of a
grant made under this subpart may be used for costs incurred
to administer such grant.
``(f) Period.--The period of a grant made under this
subpart shall be four years, except that renewals and
extensions beyond that period may be granted at the
discretion of the Attorney General.
``(g) Rule of Construction.--Subparagraph (d)(1) shall not
be construed to prohibit the use, directly or indirectly, of
funds provided under this subpart to provide security at a
public event, such as a political convention or major sports
event, so long as such security is provided under applicable
laws and procedures.
``SEC. 502. APPLICATIONS.
``To request a grant under this subpart, the chief
executive officer of a State or unit of local government
shall submit an application to the Attorney General within 90
days after the date on which funds to carry out this subpart
are appropriated for a fiscal year, in such form as the
Attorney General may require. Such application shall include
the following:
``(1) A certification that Federal funds made available
under this subpart will not be used to supplant State or
local funds, but will be used to increase the amounts of such
funds that would, in the absence of Federal funds, be made
available for law enforcement activities.
``(2) An assurance that, not fewer than 30 days before the
application (or any amendment to the application) was
submitted to the Attorney General, the application (or
[[Page H1669]]
amendment) was submitted for review to the governing body of
the State or unit of local government (or to an organization
designated by that governing body).
``(3) An assurance that, before the application (or any
amendment to the application) was submitted to the Attorney
General--
``(A) the application (or amendment) was made public; and
``(B) an opportunity to comment on the application (or
amendment) was provided to citizens and to neighborhood or
community-based organizations, to the extent applicable law
or established procedure makes such an opportunity available.
``(4) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such
data, records, and information (programmatic and financial)
as the Attorney General may reasonably require.
``(5) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer
of the applicant (or by another officer of the applicant, if
qualified under regulations promulgated by the Attorney
General), that--
``(A) the programs to be funded by the grant meet all the
requirements of this subpart;
``(B) all the information contained in the application is
correct;
``(C) there has been appropriate coordination with affected
agencies; and
``(D) the applicant will comply with all provisions of this
subpart and all other applicable Federal laws.
``SEC. 503. REVIEW OF APPLICATIONS.
``The Attorney General shall not finally disapprove any
application (or any amendment to that application) submitted
under this subpart without first affording the applicant
reasonable notice of any deficiencies in the application and
opportunity for correction and reconsideration.
``SEC. 504. RULES.
``The Attorney General shall issue rules to carry out this
subpart. The first such rules shall be issued not later than
one year after the date on which amounts are first made
available to carry out this subpart.
``SEC. 505. FORMULA.
``(a) Allocation Among States.--
``(1) In general.--Of the total amount appropriated for
this subpart, the Attorney General shall, except as provided
in paragraph (2), allocate--
``(A) 50 percent of such remaining amount to each State in
amounts that bear the same ratio of--
``(i) the total population of a State to--
``(ii) the total population of the United States; and
``(B) 50 percent of such remaining amount to each State in
amounts that bear the same ratio of--
``(i) the average annual number of part 1 violent crimes of
the Uniform Crime Reports of the Federal Bureau of
Investigation reported by such State for the three most
recent years reported by such State to--
``(ii) the average annual number of such crimes reported by
all States for such years.
``(2) Minimum allocation.--If carrying out paragraph (1)
would result in any State receiving an allocation less than
0.25 percent of the total amount (in this paragraph referred
to as a ``minimum allocation State''), then paragraph (1), as
so carried out, shall not apply, and the Attorney General
shall instead--
``(A) allocate 0.25 percent of the total amount to each
State; and
``(B) using the amount remaining after carrying out
subparagraph (A), carry out paragraph (1) in a manner that
excludes each minimum allocation State, including the
population of and the crimes reported by such State.
``(b) Allocation Between States and Units of Local
Government.--Of the amounts allocated under subsection (a)--
``(1) 60 percent shall be for direct grants to States, to
be allocated under subsection (c); and
``(2) 40 percent shall be for grants to be allocated under
subsection (d).
``(c) Allocation for State Governments.--
``(1) In general.--Of the amounts allocated under
subsection (b)(1), each State may retain for the purposes
described in section 501 an amount that bears the same ratio
of--
``(A) total expenditures on criminal justice by the State
government in the most recently completed fiscal year to--
``(B) the total expenditure on criminal justice by the
State government and units of local government within the
State in such year.
``(2) Remaining amounts.--Except as provided in subsection
(e)(1), any amounts remaining after the allocation required
by paragraph (1) shall be made available to units of local
government by the State for the purposes described in section
501.
``(d) Allocations to Local Governments.--
``(1) In general.--Of the amounts allocated under
subsection (b)(2), grants for the purposes described in
section 501 shall be made directly to units of local
government within each State in accordance with this
subsection, subject to subsection (e).
``(2) Allocation.--
``(A) In general.--From the amounts referred to in
paragraph (1) with respect to a State (in this subsection
referred to as the `local amount'), the Attorney General
shall allocate to each unit of local government an amount
which bears the same ratio to such share as the average
annual number of part 1 violent crimes reported by such unit
to the Federal Bureau of Investigation for the 3 most recent
calendar years for which such data is available bears to the
number of part 1 violent crimes reported by all units of
local government in the State in which the unit is located to
the Federal Bureau of Investigation for such years.
``(B) Transitional rule.--Notwithstanding subparagraph (A),
for fiscal years 2005, 2006, and 2007, the Attorney General
shall allocate the local amount to units of local government
in the same manner that, under the Local Government Law
Enforcement Block Grants program in effect immediately before
the date of the enactment of this section, the reserved
amount was allocated among reporting and nonreporting units
of local government.
``(3) Annexed units.--If a unit of local government in the
State has been annexed since the date of the collection of
the data used by the Attorney General in making allocations
pursuant to this section, the Attorney General shall pay the
amount that would have been allocated to such unit of local
government to the unit of local government that annexed it.
``(4) Resolution of disparate allocations.--(A)
Notwithstanding any other provision of this subpart, if--
``(i) the Attorney General certifies that a unit of local
government bears more than 50 percent of the costs of
prosecution or incarceration that arise with respect to part
1 violent crimes reported by a specified geographically
constituent unit of local government; and
``(ii) but for this paragraph, the amount of funds
allocated under this section to--
``(I) any one such specified geographically constituent
unit of local government exceeds 150 percent of the amount
allocated to the unit of local government certified pursuant
to clause (i); or
``(II) more than one such specified geographically
constituent unit of local government exceeds 400 percent of
the amount allocated to the unit of local government
certified pursuant to clause (i),
then in order to qualify for payment under this subsection,
the unit of local government certified pursuant to clause
(i), together with any such specified geographically
constituent units of local government described in clause
(ii), shall submit to the Attorney General a joint
application for the aggregate of funds allocated to such
units of local government. Such application shall specify the
amount of such funds that are to be distributed to each of
the units of local government and the purposes for which such
funds are to be used. The units of local government involved
may establish a joint local advisory board for the purposes
of carrying out this paragraph.
``(B) In this paragraph, the term `geographically
constituent unit of local government' means a unit of local
government that has jurisdiction over areas located within
the boundaries of an area over which a unit of local
government certified pursuant to clause (i) has jurisdiction.
``(e) Limitation on Allocations to Units of Local
Government.--
``(1) Maximum allocation.--No unit of local government
shall receive a total allocation under this section that
exceeds such unit's total expenditures on criminal justice
services for the most recently completed fiscal year for
which data are available. Any amount in excess of such total
expenditures shall be allocated proportionally among units of
local government whose allocations under this section do not
exceed their total expenditures on such services.
``(2) Allocations under $10,000.--If the allocation under
this section to a unit of local government is less than
$10,000 for any fiscal year, the direct grant to the State
under subsection (c) shall be increased by the amount of such
allocation, to be distributed (for the purposes described in
section 501) among State police departments that provide
criminal justice services to units of local government and
units of local government whose allocation under this section
is less than $10,000.
``(3) Non-reporting units.--No allocation under this
section shall be made to a unit of local government that has
not reported at least three years of data on part 1 violent
crimes of the Uniform Crime Reports to the Federal Bureau of
Investigation within the immediately preceding 10 years.
``(f) Funds not Used by the State.--If the Attorney General
determines, on the basis of information available during any
grant period, that any allocation (or portion thereof) under
this section to a State for such grant period will not be
required, or that a State will be unable to qualify or
receive funds under this subpart, or that a State chooses not
to participate in the program established under this subpart,
then such State's allocation (or portion thereof) shall be
awarded by the Attorney General to units of local government,
or combinations thereof, within such State, giving priority
to those jurisdictions with the highest annual number of part
1 violent crimes of the Uniform Crime Reports reported by the
unit of local government to the Federal Bureau of
Investigation for the three most recent calendar years for
which such data are available.
``(g) Special Rules for Puerto Rico.--
``(1) All funds set aside for commonwealth government.--
Notwithstanding any other provision of this subpart, the
amounts allocated under subsection (a) to Puerto Rico, 100
percent shall be for direct grants to
[[Page H1670]]
the Commonwealth government of Puerto Rico.
``(2) No local allocations.--Subsections (c) and (d) shall
not apply to Puerto Rico.
``(h) Units of Local Government in Louisiana.--In carrying
out this section with respect to the State of Louisiana, the
term `unit of local government' means a district attorney or
a parish sheriff.
``SEC. 506. RESERVED FUNDS.
``Of the total amount made available to carry out this
subpart for a fiscal year, the Attorney General shall reserve
not more than--
``(1) $20,000,000, for use by the National Institute of
Justice in assisting units of local government to identify,
select, develop, modernize, and purchase new technologies for
use by law enforcement, of which $1,000,000 shall be for use
by the Bureau of Justice Statistics to collect data necessary
for carrying out this subpart; and
``(2) $20,000,000, to be granted by the Attorney General to
States and units of local government to develop and implement
antiterrorism training programs.
``SEC. 507. INTEREST-BEARING TRUST FUNDS.
``(a) Trust Fund Required.--A State or unit of local
government shall establish a trust fund in which to deposit
amounts received under this subpart.
``(b) Expenditures.--
``(1) In general.--Each amount received under this subpart
(including interest on such amount) shall be expended before
the date on which the grant period expires.
``(2) Repayment.--A State or unit of local government that
fails to expend an entire amount (including interest on such
amount) as required by paragraph (1) shall repay the
unexpended portion to the Attorney General not later than 3
months after the date on which the grant period expires.
``(3) Reduction of future amounts.--If a State or unit of
local government fails to comply with paragraphs (1) and (2),
the Attorney General shall reduce amounts to be provided to
that State or unit of local government accordingly.
``(c) Repaid Amounts.--Amounts received as repayments under
this section shall be subject to section 108 of this title as
if such amounts had not been granted and repaid. Such amounts
shall be deposited in the Treasury in a dedicated fund for
use by the Attorney General to carry out this subpart. Such
funds are hereby made available to carry out this subpart.
``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subpart $1,095,000,000 for fiscal year 2004 and such sums as
may be necessary for each of fiscal years 2005 through
2008.''.
(b) Repeals of Certain Authorities Relating to Byrne
Grants.--
(1) Discretionary grants to public and private entities.--
Chapter A of subpart 2 of Part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760-
3762) is repealed.
(2) Targeted grants to curb motor vehicle theft.--Subtitle
B of title I of the Anti Car Theft Act of 1992 (42 U.S.C.
3750a-3750d) is repealed.
(c) Conforming Amendments.--
(1) Crime identification technology act.--Subsection
(c)(2)(G) of section 102 of the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601) is amended by
striking ``such as'' and all that follows through ``the
M.O.R.E. program'' and inserting ``such as the Edward Byrne
Justice Assistance Grant Program and the M.O.R.E. program''.
(2) Safe streets act.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(A) in section 517 (42 U.S.C. 3763), in subsection (a)(1),
by striking ``pursuant to section 511 or 515'' and inserting
``pursuant to section 515'';
(B) in section 520 (42 U.S.C. 3766)--
(i) in subsection (a)(1), by striking ``the program
evaluations as required by section 501(c) of this part'' and
inserting ``program evaluations'';
(ii) in subsection (a)(2), by striking ``evaluations of
programs funded under section 506 (formula grants) and
sections 511 and 515 (discretionary grants) of this part''
and inserting ``evaluations of programs funded under section
505 (formula grants) and section 515 (discretionary grants)
of this part''; and
(iii) in subsection (b)(2), by striking ``programs funded
under section 506 (formula grants) and section 511
(discretionary grants)'' and inserting ``programs funded
under section 505 (formula grants)'';
(C) in section 522 (42 U.S.C. 3766b)--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``section 506'' and inserting ``section
505''; and
(ii) in subsection (a)(1), by striking ``an assessment of
the impact of such activities on meeting the needs identified
in the State strategy submitted under section 503'' and
inserting ``an assessment of the impact of such activities on
meeting the purposes of subpart 1'';
(D) in section 801(b) (42 U.S.C. 3782(b)), in the matter
following paragraph (5)--
(i) by striking ``the purposes of section 501 of this
title'' and inserting ``the purposes of such subpart 1''; and
(ii) by striking ``the application submitted pursuant to
section 503 of this title'' and inserting ``the application
submitted pursuant to section 502 of this title'';
(E) in section 808 (42 U.S.C. 3789), by striking ``the
State office described in section 507 or 1408'' and inserting
``the State office responsible for the trust fund required by
section 507, or the State office described in section
1408,'';
(F) in section 901 (42 U.S.C. 3791), in subsection (a)(2),
by striking ``for the purposes of section 506(a)'' and
inserting ``for the purposes of section 505(a)'';
(G) in section 1502 (42 U.S.C. 3796bb-1)--
(i) in paragraph (1), by striking ``section 506(a)'' and
inserting ``section 505(a)'';
(ii) in paragraph (2)--
(I) by striking ``section 503(a)'' and inserting ``section
502''; and
(II) by striking ``section 506'' and inserting ``section
505'';
(H) in section 1602 (42 U.S.C. 3796cc-1), in subsection
(b), by striking ``The office designated under section 507 of
title I'' and inserting ``The office responsible for the
trust fund required by section 507'';
(I) in section 1702 (42 U.S.C. 3796dd-1), in subsection
(c)(1), by striking ``and reflects consideration of the
statewide strategy under section 503(a)(1)''; and
(J) in section 1902 (42 U.S.C. 3796ff-1), in subsection
(e), by striking ``The Office designated under section 507''
and inserting ``The office responsible for the trust fund
required by section 507''.
(d) Applicability.--The amendments made by this section
shall apply with respect to the first fiscal year beginning
after the date of the enactment of this Act and each fiscal
year thereafter.
SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE
SELECTED IN A GIVEN YEAR TO RECEIVE PUBLIC
SAFETY OFFICER MEDAL OF VALOR.
Section 3(c) of the Public Safety Officer Medal of Valor
Act of 2001 (42 U.S.C. 15202(c)) is amended by striking
``more than 5 recipients'' and inserting ``more than 5
individuals, or groups of individuals, as recipients''.
SEC. 203. CONGRESSIONAL MEDAL AND PLAQUE FOR PUBLIC SAFETY
OFFICERS WHO RESPONDED TO THE ATTACKS ON THE
UNITED STATES ON SEPTEMBER 11, 2001.
(a) Purpose.--It is the purpose of this section--
(1) to commemorate the sacrifices made and service rendered
to the United States by those public safety officers who
responded to the attacks on the United States on September
11, 2001; and
(2) to honor those public safety officers on the third
anniversary of those attacks.
(b) Presentation Authorized.--
(1) In general.--The Speaker of the House of
Representatives and the President pro tempore of the Senate
are authorized jointly to present, on behalf of the
Congress--
(A) to individuals certified by the Attorney General
pursuant to subsection (e), a bronze medal 1\1/2\ inches in
diameter commemorating the service to the United States of
those individuals; and
(B) to public agencies certified by the Attorney General
pursuant to subsection (e), a plaque commemorating the
service to the United States of the officers, employees, or
agents of those agencies.
(2) Date.--The presentation shall be made as close as
feasible to the third anniversary of the attacks on the
United States on September 11, 2001.
(3) Next of kin.--In the case of an individual certified by
the Attorney General pursuant to subsection (e), the medal
may be accepted by the next of kin of any such individual.
(c) Design and Striking.--
(1) Consultation.--The Attorney General shall consult with
the Institute of Heraldry of the Department of Defense
regarding the design and artistry of the medal and the plaque
authorized by this section. The Attorney General may also
consider suggestions received by the Department of Justice
regarding the design and artistry of the medal and the
plaque, including suggestions made by persons not employed by
the Department of Justice.
(2) Striking.--After such consultation, the Attorney
General shall strike such medals and produce such plaques as
may be required to carry out this section.
(d) Eligibility Requirements.--
(1) Individuals.--
(A) In general.--To be eligible to be presented the medal
referred to in subsection (b), an individual must have been a
public safety officer (as defined in section 5 of the Public
Safety Officer Medal of Valor Act of 2001 (42 U.S.C.
15204))--
(i) who was present in New York, Virginia, or Pennsylvania
on September 11, 2001;
(ii) who participated in the response that day to the
terrorist attacks on the World Trade Center, the terrorist
attack on the Pentagon, or the terrorist attack that resulted
in the crash of the fourth airplane in Pennsylvania; and
(iii) who died as a result of such participation.
(B) Rule of construction.--An individual who was killed in
one of the attacks referred to in subparagraph (A)(ii) shall
be deemed, for purposes of that subparagraph, to have
participated in the response.
(2) Agencies.--To be eligible to be presented the plaque
referred to in subsection (b), a public agency must have had
at least one officer, employee, or agent who is eligible
under paragraph (1) or who would be so eligible but for the
requirement of subparagraph (A)(iii) of that paragraph.
(3) Application; determination.--To establish the
eligibility required by paragraphs (1) or (2), the head of a
public agency must present to the Attorney General an
application with such supporting documentation as
[[Page H1671]]
the Attorney General may require to support such eligibility
and, in the case of the eligibility of an individual, with
information on next of kin. The Attorney General shall
determine, through the documentation provided and, if
necessary, independent investigation, whether the
requirements of paragraphs (1) or (2) have been established.
(e) Certification.--The Attorney General shall, within 12
months after the date of the enactment of this Act, certify
to the Speaker of the House of Representatives and the
President pro tempore of the Senate the names of individuals
eligible to receive the medal and public agencies eligible to
receive the plaque.
(f) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 204. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY
ATTORNEY GENERAL IN CONSIDERING APPLICATION FOR
EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609M(b) of the Justice Assistance Act of 1984 (42
U.S.C. 10501(b)) is amended by striking ``the Director of the
Office of Justice Assistance'' and inserting ``the Assistant
Attorney General for the Office of Justice Programs''.
SEC. 205. CLARIFICATION OF USES FOR REGIONAL INFORMATION
SHARING SYSTEM GRANTS.
Section 1301(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796h(b)), as most recently
amended by section 701 of the USA PATRIOT Act (Public Law
107-56; 115 Stat. 374), is amended--
(1) in paragraph (1), by inserting ``regional'' before
``information sharing systems'';
(2) by amending paragraph (3) to read as follows:
``(3) establishing and maintaining a secure
telecommunications system for regional information sharing
between Federal, State, and local law enforcement
agencies;''; and
(3) by striking ``(5)'' at the end of paragraph (4).
SEC. 206. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL
RECORD DATABASES.
(a) Duties of Director.--Section 302 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is
amended--
(1) in subsection (b), by inserting after the third
sentence the following new sentence: ``The Director shall be
responsible for the integrity of data and statistics and
shall protect against improper or illegal use or
disclosure.'';
(2) by amending paragraph (19) of subsection (c) to read as
follows:
``(19) provide for improvements in the accuracy, quality,
timeliness, immediate accessibility, and integration of State
criminal history and related records, support the development
and enhancement of national systems of criminal history and
related records including the National Criminal History
Background Check System, the National Incident-Based
Reporting System, and the records of the National Crime
Information Center, facilitate State participation in
national records and information systems, and support
statistical research for critical analysis of the improvement
and utilization of criminal history records;''; and
(3) in subsection (d)--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) confer and cooperate with Federal statistical
agencies as needed to carry out the purposes of this part,
including by entering into cooperative data sharing
agreements in conformity with all laws and regulations
applicable to the disclosure and use of data.''.
(b) Use of Data.--Section 304 of such Act (42 U.S.C. 3735)
is amended by striking ``particular individual'' and
inserting ``private person or public agency''.
(c) Confidentiality of Information.--Section 812(a) of such
Act (42 U.S.C. 3789g(a)) is amended by striking ``Except as
provided by Federal law other than this title, no'' and
inserting ``No''.
SEC. 207. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW
ENFORCEMENT ARMOR VESTS.
Section 1001(a)(23) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is
amended by striking ``2004'' and inserting ``2007''.
Subtitle B--Building Community Capacity to Prevent, Reduce, and Control
Crime
SEC. 211. OFFICE OF WEED AND SEED STRATEGIES.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by inserting
after section 102 (42 U.S.C. 3712) the following new
sections:
``SEC. 103. OFFICE OF WEED AND SEED STRATEGIES.
``(a) Establishment.--There is established within the
Office an Office of Weed and Seed Strategies, headed by a
Director appointed by the Attorney General.
``(b) Assistance.--The Director may assist States, units of
local government, and neighborhood and community-based
organizations in developing Weed and Seed strategies, as
provided in section 104.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $58,265,000 for
fiscal year 2004, and such sums as may be necessary for each
of fiscal years 2005 and 2006, to remain available until
expended.
``SEC. 104. WEED AND SEED STRATEGIES.
``(a) In General.--From amounts made available under
section 103(c), the Director of the Office of Weed and Seed
Strategies may implement strategies, to be known as Weed and
Seed strategies, to prevent, control, and reduce violent
crime, criminal drug-related activity, and gang activity in
designated Weed-and-Seed communities. Each such strategy
shall involve both of the following activities:
``(1) Weeding.--Activities, to be known as Weeding
activities, which shall include promoting and coordinating a
broad spectrum of community efforts (especially those of law
enforcement agencies and prosecutors) to arrest, and to
sanction or incarcerate, persons in that community who
participate or engage in violent crime, criminal drug-related
activity, and other crimes that threaten the quality of life
in that community.
``(2) Seeding.--Activities, to be known as Seeding
activities, which shall include promoting and coordinating a
broad spectrum of community efforts (such as drug abuse
education, mentoring, and employment counseling) to provide--
``(A) human services, relating to prevention, intervention,
or treatment, for at-risk individuals and families; and
``(B) community revitalization efforts, including
enforcement of building codes and development of the economy.
``(b) Guidelines.--The Director shall issue guidelines for
the development and implementation of Weed and Seed
strategies under this section. The guidelines shall ensure
that the Weed and Seed strategy for a community referred to
in subsection (a) shall--
``(1) be planned and implemented through and under the
auspices of a steering committee, properly established in the
community, comprised of--
``(A) in a voting capacity, representatives of--
``(i) appropriate law enforcement agencies; and
``(ii) other public and private agencies, and neighborhood
and community-based organizations, interested in criminal
justice and community-based development and revitalization in
the community; and
``(B) in a voting capacity, both--
``(i) the Drug Enforcement Administration's special agent
in charge for the jurisdiction encompassing the community;
and
``(ii) the United States Attorney for the District
encompassing the community;
``(2) describe how law enforcement agencies, other public
and private agencies, neighborhood and community-based
organizations, and interested citizens are to cooperate in
implementing the strategy; and
``(3) incorporate a community-policing component that shall
serve as a bridge between the Weeding activities under
subsection (a)(1) and the Seeding activities under subsection
(a)(2).
``(c) Designation.--For a community to be designated as a
Weed-and-Seed community for purposes of subsection (a)--
``(1) the United States Attorney for the District
encompassing the community must certify to the Director
that--
``(A) the community suffers from consistently high levels
of crime or otherwise is appropriate for such designation;
``(B) the Weed and Seed strategy proposed, adopted, or
implemented by the steering committee has a high probability
of improving the criminal justice system within the community
and contains all the elements required by the Director; and
``(C) the steering committee is capable of implementing the
strategy appropriately; and
``(2) the community must agree to formulate a timely and
effective plan to independently sustain the strategy (or, at
a minimum, a majority of the best practices of the strategy)
when assistance under this section is no longer available.
``(d) Application.--An application for designation as a
Weed-and-Seed community for purposes of subsection (a) shall
be submitted to the Director by the steering committee of the
community in such form, and containing such information and
assurances, as the Director may require. The application
shall propose--
``(1) a sustainable Weed and Seed strategy that includes--
``(A) the active involvement of the United States Attorney
for the District encompassing the community, the Drug
Enforcement Administration's special agent in charge for the
jurisdiction encompassing the community, and other Federal
law enforcement agencies operating in the vicinity;
``(B) a significant community-oriented policing component;
and
``(C) demonstrated coordination with complementary
neighborhood and community-based programs and initiatives;
and
``(2) a methodology with outcome measures and specific
objective indicia of performance to be used to evaluate the
effectiveness of the strategy.
``(e) Grants.--
``(1) In general.--In implementing a strategy for a
community under subsection (a), the Director may make grants
to that community.
``(2) Uses.--For each grant under this subsection, the
community receiving that grant--
``(A) shall use not less than 40 percent of the grant
amounts for Seeding activities under subsection (a)(2); and
``(B) may not use any of the grant amounts for
construction, except that the Assistant
[[Page H1672]]
Attorney General may authorize use of grant amounts for
incidental or minor construction, renovation, or remodeling.
``(3) Limitations.--A community may not receive grants
under this subsection (or fall within such a community)--
``(A) for a period of more than 10 fiscal years;
``(B) for more than 5 separate fiscal years, except that
the Assistant Attorney General may, in single increments and
only upon a showing of extraordinary circumstances, authorize
grants for not more than 3 additional separate fiscal years;
or
``(C) in an aggregate amount of more than $1,000,000,
except that the Assistant Attorney General may, upon a
showing of extraordinary circumstances, authorize grants for
not more than an additional $500,000.
``(4) Distribution.--In making grants under this
subsection, the Director shall ensure that--
``(A) to the extent practicable, the distribution of such
grants is geographically equitable and includes both urban
and rural areas of varying population and area; and
``(B) priority is given to communities that clearly and
effectively coordinate crime prevention programs with other
Federal programs in a manner that addresses the overall needs
of such communities.
``(5) Federal share.--(A) Subject to subparagraph (B), the
Federal share of a grant under this subsection may not exceed
75 percent of the total costs of the projects described in
the application for which the grant was made.
``(B) The requirement of subparagraph (A)--
``(i) may be satisfied in cash or in kind; and
``(ii) may be waived by the Assistant Attorney General upon
a determination that the financial circumstances affecting
the applicant warrant a finding that such a waiver is
equitable.
``(6) Supplement, not supplant.--To receive a grant under
this subsection, the applicant must provide assurances that
the amounts received under the grant shall be used to
supplement, not supplant, non-Federal funds that would
otherwise be available for programs or services provided in
the community.''.
(b) Abolishment of Executive Office of Weed and Seed;
Transfers of Functions.--
(1) Abolishment.--The Executive Office of Weed and Seed is
abolished.
(2) Transfer.--There are hereby transferred to the Office
of Weed and Seed Strategies all functions and activities
performed immediately before the date of the enactment of
this Act by the Executive Office of Weed and Seed Strategies.
(c) Effective Date.--This section and the amendments made
by this section take effect 90 days after the date of the
enactment of this Act.
Subtitle C--Assisting Victims of Crime
SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE
OUTREACH SERVICES TO VICTIMS OF CRIME.
Section 1404(c) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)), as most recently amended by section 623 of
the USA PATRIOT Act (Public Law 107-56; 115 Stat. 372), is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
the comma after ``Director'';
(B) in subparagraph (A), by striking ``and'' at the end;
(C) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(C) for nonprofit neighborhood and community-based victim
service organizations and coalitions to improve outreach and
services to victims of crime.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``paragraph (1)(A)'' and inserting
``paragraphs (1)(A) and (1)(C)'';
(ii) by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) not more than $10,000 shall be used for any single
grant under paragraph (1)(C).''.
SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN
AUTHORITIES RELATING TO CRIME VICTIMS FUND.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601) is amended as follows:
(1) Authority to accept gifts.--Subsection (b)(5) of such
section is amended by striking the period at the end and
inserting the following: ``, which the Director is hereby
authorized to accept for deposit into the Fund, except that
the Director is not hereby authorized to accept any such
gift, bequest, or donation that--
``(A) attaches conditions inconsistent with applicable laws
or regulations; or
``(B) is conditioned upon or would require the expenditure
of appropriated funds that are not available to the Office
for Victims of Crime.''.
(2) Authority to replenish antiterrorism emergency
reserve.--Subsection (d)(5)(A) of such section is amended by
striking ``expended'' and inserting ``obligated''.
(3) Authority to make grants to indian tribes for victim
assistance programs.--Subsection (g) of such section is
amended--
(A) in paragraph (1), by striking ``, acting through the
Director,'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) The Attorney General may use 5 percent of the funds
available under subsection (d)(2) (prior to distribution) for
grants to Indian tribes to establish victim assistance
programs, as appropriate.''.
SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE
USED BY STATE FOR TRAINING PURPOSES.
(a) Crime Victim Compensation.--Section 1403(a)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is
amended by inserting after ``may be used for'' the following:
``training purposes and''.
(b) Crime Victim Assistance.--Section 1404(b)(3) of such
Act (42 U.S.C. 10603(b)(3)) is amended by inserting after
``may be used for'' the following: ``training purposes and''.
SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE
AGAINST WOMEN FORMULA AND DISCRETIONARY GRANT
PROGRAMS.
(a) Clarification of Specific Purposes.--Section 2001(b) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg(b)) is amended in the matter preceding
paragraph (1) by inserting after ``violent crimes against
women'' the following: ``to develop and strengthen victim
services in cases involving violent crimes against women''.
(b) Technical Amendment Relating to Misdesignated
Sections.--Section 402(2) of Public Law 107-273 (116 Stat.
1789) is amended by striking ``as sections 2006 through 2011,
respectively'' and inserting ``as sections 2007 through 2011,
respectively''.
(c) Clarification of State Grants.--Section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-1), as redesignated pursuant to the amendment made by
subsection (b), is amended--
(1) in subsection (a), by striking ``to States'' and all
that follows through ``tribal governments'';
(2) in subsection (b)--
(A) in each of paragraphs (2) and (3), by striking ``\1/
54\'' and inserting ``\1/53\''; and
(B) in paragraph (4), by striking ``in Indian country'';
(3) in subsection (c)(3)(A), by striking ``police'' and
inserting ``law enforcement''; and
(4) in subsection (d)--
(A) in the second sentence, by inserting after ``each
application'' the following: ``submitted by a State''; and
(B) in the third sentence, by striking ``An application''
and inserting ``In addition, each application submitted by a
State or tribal government''.
(d) Change From Annual to Biennial Reporting.--Section
2009(b) of such Act (42 U.S.C. 3796gg-3), as redesignated
pursuant to the amendment made by subsection (b), is amended
by striking ``Not later than'' and all that follows through
``the Attorney General shall submit'' and inserting the
following: ``Not later than one month after the end of each
even-numbered fiscal year, the Attorney General shall
submit''.
(e) Availability of Forensic Medical Exams.--Section 2010
of such Act (42 U.S.C. 3796gg-4), as redesignated pursuant to
the amendment made by subsection (b), is amended by adding at
the end the following new subsections:
``(c) Use of Funds.--A State or Indian tribal government
may use Federal grant funds under this part to pay for
forensic medical exams performed by trained examiners for
victims of sexual assault, except that such funds may not be
used to pay for forensic medical exams by any State or Indian
tribal government that requires victims of sexual assault to
seek reimbursement for such exams from their insurance
carriers.
``(d) Rule of Construction.--Nothing in this section shall
be construed to require a victim of sexual assault to
participate in the criminal justice system or cooperate with
law enforcement in order to be provided with a forensic
medical exam, reimbursement for charges incurred on account
of such an exam, or both.''.
(f) Technical Amendment.--The heading for Part T of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg et seq.) is amended to read as follows:
``PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN''.
SEC. 225. EXPANSION OF GRANT PROGRAMS ASSISTING ENFORCEMENT
OF DOMESTIC VIOLENCE CASES TO ALSO ASSIST
ENFORCEMENT OF SEXUAL ASSAULT CASES.
(a) Grants to Encourage Domestic Violence Arrest
Policies.--Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (a), by striking ``to treat domestic
violence as a serious violation'' and inserting ``to treat
domestic violence and sexual assault as serious violations'';
(2) in subsection (b)--
(A) in each of paragraphs (2) and (5), by striking
``domestic violence and dating violence'' and inserting
``domestic violence, sexual assault, and dating violence'';
(B) in paragraph (3), by striking ``domestic violence
cases'' and inserting ``domestic violence and sexual assault
cases''; and
(C) in paragraph (6), by striking ``about domestic
violence'' and inserting ``about domestic violence and sexual
assault''; and
(3) in subsection (d), by striking ``In this section, the
term'' and inserting ``In this part--
``(1) the term `sexual assault' has the meaning given the
term in section 2008; and
``(2) the term''.
(b) Applications.--Section 2102(b) of such Act (42 U.S.C.
3796hh-1(b)) is amended in
[[Page H1673]]
each of paragraphs (1) and (2) by inserting after ``involving
domestic violence'' the following: ``or sexual assault''.
(c) Rural Domestic Violence and Child Abuse Enforcement
Assistance.--Section 40295(a) of the Violence Against Women
Act of 1994 (title IV of the Violent Crime Control and Law
Enforcement Act of 1994; 42 U.S.C. 13971(a)) is amended in
each of paragraphs (1) and (2) by striking ``domestic
violence and dating violence (as defined in section 2003''
and inserting ``domestic violence, sexual assault, and dating
violence (as such terms are defined in section 2008''.
SEC. 226. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.
(a) Stalking and Domestic Violence.--Section 40610 of the
Violence Against Women Act of 1994 (title IV of the Violent
Crime Control and Law Enforcement Act of 1994; 42 U.S.C.
14039) is amended by striking ``The Attorney General shall
submit to the Congress an annual report, beginning one year
after the date of the enactment of this Act, that provides''
and inserting ``Each even-numbered fiscal year, the Attorney
General shall submit to the Congress a biennial report that
provides''.
(b) Safe Havens for Children.--Section 1301(d)(1) of the
Victims of Trafficking and Violence Protection Act of 2000
(42 U.S.C. 10420(d)(1)) is amended in the matter preceding
subparagraph (A) by striking ``Not later than 1 year after
the last day of the first fiscal year commencing on or after
the date of the enactment of this Act, and not later than 180
days after the last day of each fiscal year thereafter,'' and
inserting ``Not later than one month after the end of each
even-numbered fiscal year,''.
SEC. 227. CLARIFICATION OF RECIPIENTS AND PROGRAMS ELIGIBLE
FOR GRANTS UNDER RURAL DOMESTIC VIOLENCE AND
CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Violence Against Women Act of 1994
(title IV of the Violent Crime Control and Law Enforcement
Act of 1994; 42 U.S.C. 13971) is amended as follows:
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``to States, Indian tribal governments, and
local governments of rural States, and to other public or
private entities of rural States'' and inserting ``to States,
Indian tribal governments, local governments, and public or
private entities, for programs serving rural areas or rural
communities''; and
(2) in subsection (b)--
(A) by inserting ``(1) the term'' before ```Indian tribe'
means'';
(B) by striking ``Indians.'' and all that follows through
the period at the end and inserting ``Indians; and
``(2) the terms `rural area' and `rural community' have the
meanings given those terms in section 491(k)(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11408(k)(2)).''.
Subtitle D--Preventing Crime
SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER FOR
PURPOSES OF JUVENILE DRUG COURTS.
Section 2953(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797u-2(b)) is amended in the
matter preceding paragraph (1) by striking ``an offense
that'' and inserting ``a felony-level offense that''.
SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS
FOR DRUG COURTS.
(a) Minimum Allocation Repealed.--Section 2957 of such Act
(42 U.S.C. 3797u-6) is amended by striking subsection (b).
(b) Technical Assistance and Training.--Such section is
further amended by adding at the end the following new
subsection:
``(b) Technical Assistance and Training.--Unless one or
more applications submitted by any State or unit of local
government within such State (other than an Indian tribe) for
a grant under this part has been funded in any fiscal year,
such State, together with eligible applicants within such
State, shall be provided targeted technical assistance and
training by the Community Capacity Development Office to
assist such State and such eligible applicants to
successfully compete for future funding under this part.''.
SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS
PROGRAM EXTENDED TO COURTS THAT SUPERVISE NON-
OFFENDERS WITH SUBSTANCE ABUSE PROBLEMS.
Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is
amended by striking ``offenders with substance abuse
problems'' and inserting ``offenders, and other individuals
under the jurisdiction of the court, with substance abuse
problems''.
SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT
PROGRAM FOR LOCAL FACILITIES.
Section 1904 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ff-3) is amended by adding at the
end the following new subsection:
``(d) Definition.--In this section, the term `jail-based
substance abuse treatment program' means a course of
individual and group activities, lasting for a period of not
less than 3 months, in an area of a correctional facility set
apart from the general population of the correctional
facility, if those activities are--
``(1) directed at the substance abuse problems of the
prisoners; and
``(2) intended to develop the cognitive, behavioral, and
other skills of prisoners in order to address the substance
abuse and related problems of prisoners.''.
Subtitle E--Other Matters
SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.
(a) Certain Programs That Are Exempt From Paying States
Interest on Late Disbursements Also Exempted From Paying
Charge to Treasury for Untimely Disbursements.--Section
204(f) of such Act (116 Stat. 1776; 31 U.S.C. 6503 note) is
amended--
(1) by striking ``section 6503(d)'' and inserting
``sections 3335(b) or 6503(d)''; and
(2) by striking ``section 6503'' and inserting ``sections
3335(b) or 6503''.
(b) Southwest Border Prosecutor Initiative Included Among
Such Exempted Programs.--Section 204(f) of such Act is
further amended by striking ``pursuant to section 501(a)''
and inserting ``pursuant to the Southwest Border Prosecutor
Initiative (as carried out pursuant to paragraph (3) (117
Stat. 64) under the heading relating to Community Oriented
Policing Services of the Department of Justice Appropriations
Act, 2003 (title I of division B of Public Law 108-7), or as
carried out pursuant to any subsequent authority) or section
501(a)''.
(c) Funds Available for ATFE May Be Used for Aircraft,
Boats, Ammunition, Firearms, Firearms Competitions, and Any
Authorized Activity.--Section 530C(b) of title 28, United
States Code, is amended--
(1) in paragraph (2), in each of subparagraphs (A) and (B),
by inserting ``for the Bureau of Alcohol, Tobacco, Firearms,
and Explosives,'' before ``for the Drug Enforcement
Administration,''; and
(2) by adding at the end the following new paragraph:
``(8) Bureau of Alcohol, Tobacco, Firearms, and
Explosives.--Funds available to the Attorney General for the
Bureau of Alcohol, Tobacco, Firearms, and Explosives may be
used for the conduct of all its authorized activities.''.
(d) Audits and Reports on ATFE Undercover Investigative
Operations.--Section 102(b) of the Department of Justice and
Related Agencies Appropriations Act, 1993 (28 U.S.C. 533
note), as in effect pursuant to section 815(d) of the
Antiterrorism and Effective Death Penalty Act of 1996 (28
U.S.C. 533 note) shall apply with respect to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives and the undercover
investigative operations of the Bureau on the same basis as
such section applies with respect to any other agency and the
undercover investigative operations of such agency.
SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.
(a) Coordinate and Support Office for Victims of Crime.--
Section 102 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) by
inserting after ``the Bureau of Justice Statistics,'' the
following: ``the Office for Victims of Crime,''.
(b) Setting Grant Conditions and Priorities.--Such section
is further amended in subsection (a)(6) by inserting ``,
including placing special conditions on all grants, and
determining priority purposes for formula grants'' before the
period at the end.
SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-
OFFENDER REGISTRATION LAWS.
(a) Compliance Period.--A State shall not be treated, for
purposes of any provision of law, as having failed to comply
with section 170101 (42 U.S.C. 14071) or 170102 (42 U.S.C.
14072) of the Violent Crime Control and Law Enforcement Act
of 1994 until 36 months after the date of the enactment of
this Act, except that the Attorney General may grant an
additional 24 months to a State that is making good faith
efforts to comply with such sections.
(b) Time for Registration of Current Address.--Subsection
(a)(1)(B) of such section 170101 is amended by striking
``unless such requirement is terminated under'' and inserting
``for the time period specified in''.
SEC. 244. REPEAL OF CERTAIN PROGRAMS.
(a) Safe Streets Act Programs.--The following provisions of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 are repealed:
(1) Criminal justice facility construction pilot program.--
Part F (42 U.S.C. 3769-3769d).
(2) Matching grant program for school security.--Part AA
(42 U.S.C. 3797a-3797e).
(b) Violent Crime Control and Law Enforcement Act
Programs.--The following provisions of the Violent Crime
Control and Law Enforcement Act of 1994 are repealed:
(1) Local crime prevention block grant program.--Subtitle B
of title III (42 U.S.C. 13751-13758).
(2) Assistance for delinquent and at-risk youth.--Subtitle
G of title III (42 U.S.C. 13801-13802).
(3) Improved training and technical automation.--Subtitle E
of title XXI (42 U.S.C. 14151).
(4) Other state and local aid.--Subtitle F of title XXI (42
U.S.C. 14161).
SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING
REQUIREMENTS.
Part H of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended as follows:
(1) Notice and hearing on denial or termination of grant.--
Section 802 (42 U.S.C. 3783) of such part is amended--
(A) by striking subsections (b) and (c); and
(B) by striking ``(a)'' before ``Whenever,''.
(2) Finality of determinations.--Section 803 (42 U.S.C.
3784) of such part is amended--
[[Page H1674]]
(A) by striking ``, after reasonable notice and opportunity
for a hearing,''; and
(B) by striking ``, except as otherwise provided herein''.
(3) Repeal of appellate court review.--Section 804 (42
U.S.C. 3785) of such part is repealed.
SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME
CONTROL AND SAFE STREETS ACT OF 1968.
Section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791) is amended as
follows:
(1) Indian tribe.--Subsection (a)(3)(C) of such section is
amended by striking ``(as that term is defined in section 103
of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5603))''.
(2) Combination.--Subsection (a)(5) of such section is
amended by striking ``program or project'' and inserting
``program, plan, or project''.
(3) Neighborhood or community-based organizations.--
Subsection (a)(11) of such section is amended by striking
``which'' and inserting ``, including faith-based, that''.
(4) Indian tribe; private person.--Subsection (a) of such
section is further amended--
(A) in paragraph (24) by striking ``and'' at the end;
(B) in paragraph (25) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(26) the term `Indian Tribe' has the meaning given the
term `Indian tribe' in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)); and
``(27) the term `private person' means any individual
(including an individual acting in his official capacity) and
any private partnership, corporation, association,
organization, or entity (or any combination thereof).''.
SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE
PAYMENTS TO PRISONERS FOR HEALTH CARE ITEMS AND
SERVICES.
Section 4006 of title 18, United States Code, is amended--
(1) in subsection (a) by inserting after ``The Attorney
General'' the following: ``or the Secretary of Homeland
Security, as applicable,''; and
(2) in subsection (b)(1)--
(A) by striking ``the Immigration and Naturalization
Service'' and inserting ``the Department of Homeland
Security'';
(B) by striking ``shall not exceed the lesser of the
amount'' and inserting ``shall be the amount billed, not to
exceed the amount'';
(C) by striking ``items and services'' and all that follows
through ``the Medicare program'' and inserting ``items and
services under the Medicare program''; and
(D) by striking ``; or'' and all that follows through the
period at the end and inserting a period.
SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding
after section 104, as added by section 211 of this Act, the
following new section:
``SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
``(a) Establishment.--
``(1) In general.--There is established within the Office
an Office of Audit, Assessment, and Management, headed by a
Director appointed by the Attorney General. In carrying out
the functions of the Office, the Director shall be subject to
the authority, direction, and control of the Attorney
General. Such authority, direction, and control may be
delegated only to the Assistant Attorney General, without
redelegation.
``(2) Purpose.--The purpose of the Office shall be to carry
out and coordinate performance audits of, take actions to
ensure compliance with the terms of, and manage information
with respect to, grants under programs covered by subsection
(b).
``(3) Exclusivity.--The Office shall be the exclusive
element of the Department of Justice, other than the
Inspector General, performing functions and activities for
the purpose specified in paragraph (2). There are hereby
transferred to the Office all functions and activities, other
than functions and activities of the Inspector General, for
such purpose performed immediately before the date of the
enactment of this Act by any other element of the Department.
``(b) Covered Programs.--The programs referred to in
subsection (a) are the following:
``(1) The program under part Q of this title.
``(2) Any grant program carried out by the Office of
Justice Programs.
``(3) Any other grant program carried out by the Department
of Justice that the Attorney General considers appropriate.
``(c) Performance Audits Required.--
``(1) In general.--The Director shall select grants awarded
under the programs covered by subsection (b) and carry out
performance audits on such grants. In selecting such grants,
the Director shall ensure that the aggregate amount awarded
under the grants so selected represent not less than 10
percent of the aggregate amount of money awarded under all
such grant programs.
``(2) Relationship to nij evaluations.--This subsection
does not affect the authority or duty of the Director of the
National Institute of Justice to carry out overall
evaluations of programs covered by subsection (b), except
that such Director shall consult with the Director of the
Office in carrying out such evaluations.
``(3) Timing of performance audits.--The performance audit
required by paragraph (1) of a grant selected under paragraph
(1) shall be carried out--
``(A) not later than the end of the grant period, if the
grant period is not more than 1 year; and
``(B) at the end of each year of the grant period, if the
grant period is more than 1 year.
``(d) Compliance Actions Required.--The Director shall take
such actions to ensure compliance with the terms of a grant
as the Director considers appropriate with respect to each
grant that the Director determines (in consultation with the
head of the element of the Department of Justice concerned),
through a performance audit under subsection (a) or other
means, is not in compliance with such terms. In the case of a
misuse of more than 1 percent of the grant amount concerned,
the Director shall, in addition to any other action to ensure
compliance that the Director considers appropriate, ensure
that the entity responsible for such misuse ceases to receive
any funds under any program covered by subsection (b) until
such entity repays to the Attorney General an amount equal to
the amounts misused. The Director may, in unusual
circumstances, grant relief from this requirement to ensure
that an innocent party is not punished.
``(e) Grant Management System.--The Director shall
establish and maintain, in consultation with the chief
information officer of the Office, a modern, automated system
for managing all information relating to the grants made
under the programs covered by subsection (b).
``(f) Availability of Funds.--Not to exceed 5 percent of
all funding made available for a fiscal year for the programs
covered by subsection (b) shall be reserved for the
activities of the Office of Audit, Assessment, and Management
as authorized by this section.''.
(b) Effective Date.--This section and the amendment made by
this section take effect 90 days after the date of the
enactment of this Act.
SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding
after section 105, as added by section 248 of this Act, the
following new section:
``SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
``(a) Establishment.--
``(1) In general.--There is established within the Office a
Community Capacity Development Office, headed by a Director
appointed by the Attorney General. In carrying out the
functions of the Office, the Director shall be subject to the
authority, direction, and control of the Attorney General.
Such authority, direction, and control may be delegated only
to the Assistant Attorney General, without redelegation.
``(2) Purpose.--The purpose of the Office shall be to
provide training to actual and prospective participants under
programs covered by section 105(b) to assist such
participants in understanding the substantive and procedural
requirements for participating in such programs.
``(3) Exclusivity.--The Office shall be the exclusive
element of the Department of Justice performing functions and
activities for the purpose specified in paragraph (2). There
are hereby transferred to the Office all functions and
activities for such purpose performed immediately before the
date of the enactment of this Act by any other element of the
Department.
``(b) Means.--The Director shall, in coordination with the
heads of the other elements of the Department, carry out the
purpose of the Office through the following means:
``(1) Promoting coordination of public and private efforts
and resources within or available to States, units of local
government, and neighborhood and community-based
organizations.
``(2) Providing information, training, and technical
assistance.
``(3) Providing support for inter- and intra-agency task
forces and other agreements and for assessment of the
effectiveness of programs, projects, approaches, or
practices.
``(4) Providing in the assessment of the effectiveness of
neighborhood and community-based law enforcement and crime
prevention strategies and techniques, in coordination with
the National Institute of Justice.
``(5) Any other similar means.
``(c) Locations.--Training referred to in subsection (a)
shall be provided on a regional basis to groups of such
participants. In a case in which remedial training is
appropriate, as recommended by the Director or the head of
any element of the Department, such training may be provided
on a local basis to a single such participant.
``(d) Best Practices.--The Director shall--
``(1) identify grants under which clearly beneficial
outcomes were obtained, and the characteristics of those
grants that were responsible for obtaining those outcomes;
and
``(2) incorporate those characteristics into the training
provided under this section.
``(e) Availability of Funds.--Not to exceed 5 percent of
all funding made available for a fiscal year for the programs
covered by section 105(b) shall be reserved for the
activities of the Community Capacity Development Office as
authorized by this section.''.
(b) Effective Date.--This section and the amendment made by
this section take effect
[[Page H1675]]
90 days after the date of the enactment of this Act.
SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding
after section 106, as added by section 249 of this Act, the
following new section:
``SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
``(a) Establishment.--There is established within the
Office an Office of Applied Law Enforcement Technology,
headed by a Director appointed by the Attorney General. The
purpose of the Office shall be to provide leadership and
focus to those grants of the Department of Justice that are
made for the purpose of using or improving law enforcement
computer systems.
``(b) Duties.--In carrying out the purpose of the Office,
the Director shall--
``(1) establish clear minimum standards for computer
systems that can be purchased using amounts awarded under
such grants; and
``(2) ensure that recipients of such grants use such
systems to participate in crime reporting programs
administered by the Department.''.
(b) Effective Date.--This section and the amendment made by
this section take effect 90 days after the date of the
enactment of this Act.
SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding
after section 107, as added by section 250 of this Act, the
following new section:
``SEC. 108. AVAILABILITY OF FUNDS.
``(a) Period for Awarding Grant Funds.--
``(1) In general.--Unless otherwise specifically provided
in an authorization, DOJ grant funds for a fiscal year shall
remain available to be awarded and distributed to a grantee
only in that fiscal year and the three succeeding fiscal
years, subject to paragraphs (2) and (3). DOJ grant funds not
so awarded and distributed shall revert to the Treasury.
``(2) Treatment of reprogrammed funds.--DOJ grant funds for
a fiscal year that are reprogrammed in a later fiscal year
shall be treated for purposes of paragraph (1) as DOJ grant
funds for such later fiscal year.
``(3) Treatment of deobligated funds.--If DOJ grant funds
were obligated and then deobligated, the period of
availability that applies to those grant funds under
paragraph (1) shall be extended by a number of days equal to
the number of days from the date on which those grant funds
were obligated to the date on which those grant funds were
deobligated.
``(b) Period for Expending Grant Funds.--DOJ grant funds
for a fiscal year that have been awarded and distributed to a
grantee may be expended by that grantee only in the period
permitted under the terms of the grant. DOJ grant funds not
so expended shall revert to the Treasury.
``(c) Definition.--In this section, the term `DOJ grant
funds' means, for a fiscal year, amounts appropriated for
activities of the Department of Justice in carrying out grant
programs for that fiscal year.
``(d) Applicability.--This section applies to DOJ grant
funds for fiscal years beginning with fiscal year 2004.''.
(b) Effective Date.--This section and the amendment made by
this section take effect 90 days after the date of the
enactment of this Act.
SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS OF
OFFICE OF JUSTICE PROGRAMS.
(a) Consolidation of Accounting Activities and Procurement
Activities.--The Assistant Attorney General of the Office of
Justice Programs shall ensure that--
(1) all accounting activities for all elements of the
Office of Justice Programs are carried out under the direct
management of the Office of the Comptroller; and
(2) all procurement activities for all elements of the
Office are carried out under the direct management of the
Office of Administration.
(b) Further Consolidation of Procurement Activities.--The
Assistant Attorney General shall ensure that, on and after
September 30, 2007--
(1) all procurement activities for all elements of the
Office are carried out through a single management office;
and
(2) all contracts and purchase orders used in carrying out
those activities are processed through a single procurement
system.
(c) Consolidation of Financial Management Systems.--The
Assistant Attorney General shall ensure that, on and after
September 30, 2010, all financial management activities
(including human resources, payroll, and accounting
activities, as well as procurement activities) of all
elements of the Office are carried out through a single
financial management system.
(d) Achieving Compliance.--
(1) Schedule.--The Assistant Attorney General shall
undertake a scheduled consolidation of operations to achieve
compliance with the requirements of this section.
(2) Specific requirements.--With respect to achieving
compliance with the requirements of--
(A) subsection (a), the consolidation of operations shall
be initiated not later than 90 days after the date of the
enactment of this Act; and
(B) subsections (b) and (c), the consolidation of
operations shall be initiated not later than September 30,
2005, and shall be carried out by the Office of
Administration, in consultation with the Chief Information
Officer and the Office of Audit, Assessment, and Management.
SEC. 253. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE
GRANT PROGRAM.
(a) In General.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall
carry out a single grant program under which the Attorney
General makes grants to States, units of local government,
Indian tribal governments, other public and private entities,
and multi-jurisdictional or regional consortia for the
purposes described in subsection (b).'';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and
in that subsection--
(A) by striking ``Additional Grant Projects.--Grants made
under subsection (a) may include programs, projects, and
other activities to--'' and inserting ``Uses of Grant
Amounts.--The purposes for which grants made under subsection
(a) may be made are--'';
(B) by redesignating paragraphs (1) through (12) as
paragraphs (5) through (16), respectively;
(C) by inserting before paragraph (5) (as so redesignated)
the following new paragraphs:
``(1) rehire law enforcement officers who have been laid
off as a result of State and local budget reductions for
deployment in community-oriented policing;
``(2) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across
the Nation;
``(3) procure equipment, technology, or support systems, or
pay overtime, to increase the number of officers deployed in
community-oriented policing;
``(4) improve security at schools and on school grounds in
the jurisdiction of the grantee through--
``(A) placement and use of metal detectors, locks,
lighting, and other deterrent measures;
``(B) security assessments;
``(C) security training of personnel and students;
``(D) coordination with local law enforcement; and
``(E) any other measure that, in the determination of the
Attorney General, may provide a significant improvement in
security;''; and
(D) by amending paragraph (8) (as so redesignated) to read
as follows:
``(8) develop new technologies, including interoperable
communications technologies, modernized criminal record
technology, and forensic technology, to assist State and
local law enforcement agencies in reorienting the emphasis of
their activities from reacting to crime to preventing crime
and to train law enforcement officers to use such
technologies;'';
(4) by redesignating subsections (e) through (k) as
subsections (c) through (i), respectively;
(5) in subsection (c) (as so redesignated) by striking
``subsection (i)'' and inserting ``subsection (g)''; and
(6) by adding at the end the following new subsection:
``(j) Matching Funds for School Security Grants.--
Notwithstanding subsection (i), in the case of a grant under
subsection (a) for the purposes described in subsection
(b)(4)--
``(1) the portion of the costs of a program provided by
that grant may not exceed 50 percent;
``(2) any funds appropriated by Congress for the activities
of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of
a matching requirement funded under this subsection; and
``(3) the Attorney General may provide, in the guidelines
implementing this section, for the requirement of paragraph
(1) to be waived or altered in the case of a recipient with a
financial need for such a waiver or alteration.''.
(b) Conforming Amendment.--Section 1702 of title I of such
Act (42 U.S.C. 3796dd-1) is amended in subsection (d)(2) by
striking ``section 1701(d)'' and inserting ``section
1701(b)''.
(c) Authorization of Appropriations.--Section 1001(a)(11)
of title I of such Act (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A) by striking clause (i) and all that
follows through the period at the end and inserting the
following:
``(i) $1,007,624,000 for fiscal year 2004;
``(ii) $1,027,176,000 for fiscal year 2005; and
``(iii) $1,047,119,000 for fiscal year 2006.''; and
(2) in subparagraph (B)--
(A) by striking ``section 1701(f)'' and inserting ``section
1701(d)''; and
(B) by striking the third sentence.
SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS
UNDER PUBLIC SAFETY OFFICERS' DEATH BENEFITS
PROGRAMS.
(a) Persons Eligible for Death Benefits.--Section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b), as most recently amended by section 2(a) of
the Mychal Judge Police and Fire Chaplains Public Safety
Officers' Benefit Act of 2002 (Public Law 107-196; 116 Stat.
719), is amended--
[[Page H1676]]
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) `member of a rescue squad or ambulance crew' means an
officially recognized or designated public employee member of
a rescue squad or ambulance crew;''; and
(3) in paragraph (4) by striking ``and'' and all that
follows through the end and inserting a semicolon.
(b) Clarification of Limitation on Payments in Non-Civilian
Cases.--Section 1202(5) of such Act (42 U.S.C. 3796a(5)) is
amended by inserting ``with respect'' before ``to any
individual''.
(c) Waiver of Collection in Certain Cases.--Section 1201 of
such Act (42 U.S.C. 3796) is amended by adding at the end the
following:
``(k) In any case in which the Bureau paid, before the date
of the enactment of Public Law 107-196, any benefit under
this part to an individual who--
``(1) before the enactment of that law was entitled to
receive that benefit; and
``(2) by reason of the retroactive effective date of that
law is no longer entitled to receive that benefit,
``the Bureau may suspend or end activities to collect that
benefit if the Bureau determines that collecting that benefit
is impractical or would cause undue hardship to that
individual.''.
(d) Designation of Beneficiary.--Section 1201(a)(4) of such
Act (42 U.S.C. 3796(a)(4)) is amended to read as follows:
``(4) if there is no surviving spouse or surviving child--
``(A) in the case of a claim made on or after the date that
is 90 days after the date of the enactment of this
subparagraph, to the individual designated by such officer as
beneficiary under this section in such officer's most
recently executed designation of beneficiary on file at the
time of death with such officer's public safety agency,
organization, or unit, provided that such individual survived
such officer; or
``(B) if there is no individual qualifying under
subparagraph (A), to the individual designated by such
officer as beneficiary under such officer's most recently
executed life insurance policy, provided that such individual
survived such officer; or''.
SEC. 255. RESEARCH-BASED BULLYING PREVENTION PROGRAMS.
Paragraph (13) of section 1801(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is
amended by inserting before the semicolon at the end the
following: ``, which may include research-based bullying
prevention programs''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107-56.
(a) Striking Surplus Words.--
(1) Section 2703(c)(1) of title 18, United States Code, is
amended by striking ``or'' at the end of subparagraph (C).
(2) Section 1960(b)(1)(C) of title 18, United States Code,
is amended by striking ``to be used to be used'' and
inserting ``to be used''.
(b) Punctuation and Grammar Corrections.--Section
2516(1)(q) of title 18, United States Code, is amended--
(1) by striking the semicolon after the first close
parenthesis; and
(2) by striking ``sections'' and inserting ``section''.
(c) Cross Reference Correction.--Section 322 of Public Law
107-56 is amended, effective on the date of the enactment of
that section, by striking ``title 18'' and inserting ``title
28''.
(d) Capitalization Correction.--Subsections (a) and (b) of
section 2703 of title 18, United States Code, are each
amended by striking ``Contents of wire or electronic'' and
inserting ``Contents of Wire or Electronic''.
SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Punctuation Corrections.--The heading for section 1591
of title 18, United States Code, is amended by inserting a
comma after ``fraud''.
(b) Duplicate Section Numbers.--The second section 540C in
chapter 33 of title 28, United States Code, is redesignated
as section 540D, and the item relating to that section in the
table of sections at the beginning of that chapter is
redesignated accordingly and transferred so as to be placed
after the item relating to section 540C.
(c) Table of Sections Omission.--The table of sections at
the beginning of chapter 203 of title 18, United States Code,
is amended by inserting after the item relating to section
3050 the following new item:
``3051. Powers of Special Agents of Bureau of Alcohol, Tobacco,
Firearms, and Explosives.''.
(d) Repeal of Duplicative Program.--Section 316 of Part A
of the Runaway and Homeless Youth Act (42 U.S.C. 5712d), as
added by section 40155 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1922),
is repealed.
SEC. 303. MINOR SUBSTANTIVE AMENDMENT RELATING TO CONTENTS OF
FBI ANNUAL REPORT.
Section 540D(b)(1)(A) of title 28, United States Code, as
redesignated by section 302(b), is further amended by
inserting ``and the number of such personnel who receive
danger pay under section 151 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (5 U.S.C. 5928
note)'' after ``year''.
SEC. 304. USE OF FEDERAL TRAINING FACILITIES.
(a) Federal Training Facilities.--Unless specifically
authorized in writing by the Attorney General, the Department
of Justice (and each entity within it) shall use for any
predominately internal training or conference meeting only a
facility that does not require a payment to a private entity
for use of the facility.
(b) Annual Report.--The Attorney General shall prepare an
annual report to the Chairmen and ranking minority members of
the Committees on the Judiciary of the Senate and of the
House of Representatives that details each training and
conference meeting that requires specific authorization under
subsection (a). The report shall include an explanation of
why the facility was chosen, and a breakdown of any
expenditures incurred in excess of the cost of conducting the
training or meeting at a facility that did not require such
authorization.
SEC. 305. PRIVACY OFFICER.
(a) In General.--The Attorney General shall designate a
senior official in the Department of Justice to assume
primary responsibility for privacy policy.
(b) Responsibilities.--The responsibilities of such
official shall include--
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use,
collection, and disclosure of personally identifiable
information;
(2) assuring that personally identifiable information
contained in systems of records is handled in full compliance
with fair information practices as set out in section 552a of
title 5, United States Code;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personally
identifiable information by the Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the Department on the privacy of personally
identifiable information, including the type of personally
identifiable information collected and the number of people
affected;
(5) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including
complaints of privacy violations, implementation of section
552a of title 5, United States Code, internal controls, and
other relevant matters;
(6) ensuring that the Department protects personally
identifiable information and information systems from
unauthorized access, use, disclosure, disruption,
modification, or destruction in order to provide--
(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
(B) confidentially, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information;
(C) availability, which means ensuring timely and reliable
access to and use of that information; and
(D) authentication, which means utilizing digital
credentials to assure the identity of users and validate
their access; and
(7) advising the Attorney General and the Director of the
Office of Management and Budget on information security and
privacy issues pertaining to Federal Government information
systems.
(c) Review.--The Department of Justice shall review its
policies to assure that the Department treats personally
identifiable information in its databases in a manner that
complies with applicable Federal law on privacy.
SEC. 306. BANKRUPTCY CRIMES.
The Director of the Executive Office for United States
Trustees shall prepare an annual report to the Congress
detailing--
(1) the number and types of criminal referrals made by the
United States Trustee Program;
(2) the outcomes of each criminal referral;
(3) for any year in which the number of criminal referrals
is less than for the prior year, an explanation of the
decrease; and
(4) the United States Trustee Program's efforts to prevent
bankruptcy fraud and abuse, particularly with respect to the
establishment of uniform internal controls to detect common,
higher risk frauds, such as a debtor's failure to disclose
all assets.
SEC. 307. REPORT TO CONGRESS ON STATUS OF UNITED STATES
PERSONS OR RESIDENTS DETAINED ON SUSPICION OF
TERRORISM.
Not less often than once every 12 months, the Attorney
General shall submit to Congress a report on the status of
United States persons or residents detained, as of the date
of the report, on suspicion of terrorism. The report shall--
(1) specify the number of persons or residents so detained;
and
(2) specify the standards developed by the Department of
Justice for recommending or determining that a person should
be tried as a criminal defendant or should be designated as
an enemy combatant.
SEC. 308. TECHNICAL CORRECTION RELATING TO DEFINITION USED IN
``TERRORISM TRANSCENDING NATIONAL BOUNDARIES''
STATUTE.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``facility in'' and
inserting ``facility of''; and
(2) in subsection (b)(2), by inserting ``or foreign'' after
``interstate''.
[[Page H1677]]
SEC. 309. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR
SEXUAL ABUSE OFFENSES IN CORRECTIONAL
FACILITIES.
(a) Expanded Jurisdiction.--The following provisions of
title 18, United States Code, are each amended by inserting
``or in the custody of the Attorney General or the Bureau of
Prisons or any institution or facility in which the person is
confined by direction of the Attorney General,'' after ``in a
Federal prison,'':
(1) Subsections (a) and (b) of section 2241.
(2) The first sentence of subsection (c) of section 2241.
(3) Section 2242.
(4) Subsections (a) and (b) of section 2243.
(5) Subsections (a) and (b) of section 2244.
(b) Increased Penalties.--
(1) Sexual abuse of a ward.--Section 2243(b) of such title
is amended by striking ``one year'' and inserting ``five
years''.
(2) Abusive sexual contact.--Section 2244 of such title is
amended by striking ``six months'' and inserting ``two
years'' in each of subsections (a)(4) and (b).
SEC. 310. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN
CORRECTIONAL FACILITIES.
Section 1791(a) of title 18, United States Code, is amended
in each of paragraphs (1) and (2) by inserting ``or an
individual in the custody of the Attorney General or the
Bureau of Prisons or any institution or facility in which the
person is confined by direction of the Attorney General''
after ``an inmate of a prison''.
SEC. 311. MAGISTRATE JUDGE'S AUTHORITY TO CONTINUE
PRELIMINARY HEARING.
The second sentence of section 3060(c) of title 18, United
States Code, is amended to read as follows: ``In the absence
of such consent of the accused, the judge or magistrate judge
may extend the time limits only on a showing that
extraordinary circumstances exist and justice requires the
delay.''.
SEC. 312. RECOGNIZING THE 40TH ANNIVERSARY OF THE FOUNDING OF
THE LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER
LAW AND SUPPORTING THE DESIGNATION OF AN EQUAL
JUSTICE DAY.
(a) Findings.--Congress finds that--
(1) on June 21, 1963, President John F. Kennedy and
Attorney General Robert F. Kennedy convened 244 members of
the National, State, and local private bar to provide legal
representation to remedy racial discrimination against
minority communities;
(2) without President Kennedy's vision for racial justice,
the bar would have remained silent in the face of vocal
resistance by Southern State legislatures against
desegregation;
(3) for more than 4 decades, the Lawyers' Committee for
Civil Rights Under Law (hereinafter in this section referred
to as ``Lawyers' Committee'') has worked to advance the civil
rights of African-Americans and other racial and ethnic
minority communities in the areas of environmental
protection, employment, affirmative action, fair housing,
education, and voting;
(4) the Lawyers' Committee operated an office in Jackson,
Mississippi, from 1964 through 1984, which filed numerous
cases that transformed the State, including the defense of
civil rights demonstrators, desegregation of many public
institutions and workforces, reformation of the notorious
Parchman Prison, and numerous voting rights cases resulting
in a revolution in the number of African-American elected
officials in State positions and Congress;
(5) the Lawyers' Committee fought for passage of the Civil
Rights Act of 1964, Voting Rights Act of 1965 and the 1982
Amendments, Fair Housing Act of 1988, Civil Rights Act of
1991, and National Voter Registration Act of 1993;
(6) the Lawyers' Committee secured a landmark, unanimous
United States Supreme Court decision that strengthened first
amendment protections for peaceful political boycotts in
Claiborne Hardware Co. v. NAACP;
(7) the Lawyers' Committee created a police community
relations program in 1965 that recruited African-Americans
for law enforcement positions and eased tensions between law
enforcement officers and African-American communities;
(8) the Lawyers' Committee defended the students of Jackson
State University following police shootings upon a peaceful
demonstration that killed 2 persons and wounded a dozen
others;
(9) the Lawyers' Committee operated its Cairo, Illinois
office from 1969 through 1972 in response to intense racial
unrest and police brutality in the city;
(10) the Lawyers' Committee recruited attorneys from the
local bar to represent African-Americans who could not obtain
legal counsel during the 1960s;
(11) the Lawyers' Committee transformed African-American
voting strength by litigating critical cases throughout the
South to oppose archaic voter discrimination laws, poll
taxes, and literacy tests that prevented African-Americans
from registering and voting;
(12) the Lawyers' Committee launched the Urban Areas
Project in 1968, which resulted in local independent Lawyers'
Committee offices in Philadelphia, Los Angeles, Boston,
Chicago, San Francisco, Denver, San Antonio, and Washington,
D.C.;
(13) the Lawyers' Committee developed the Southern African
Project, which provided legal assistance to thousands of
political detainees and technical assistance in resisting
pro-apartheid legislation for more than 20 years and which
monitored elections in Namibia in 1989 and elections in South
Africa in 1994;
(14) the Lawyers' Committee led the defense of Executive
Order 11246 when it was attacked during the Reagan
Administration in the 1980s;
(15) the Lawyers' Committee litigated a series of cases
from the 1970s to the present that desegregated police and
fire departments throughout the Nation, notably in the State
of Mississippi and in Miami, Birmingham, Cleveland, Nassau
County, Buffalo, and Houston;
(16) in Givens v. Hamlet Estates, the Lawyers' Committee
acquired the first seizure order in a fair housing case that
led to the exposure of a decade old racial coding system that
denied apartments to 6,000 African-Americans and Hispanics in
Miami, Florida;
(17) the Lawyers' Committee obtained victories in 3 cases
before the United States Supreme Court in 1996-1997 involving
the Voting Rights Act, including Young v. Fordice, Lawyer v.
United States, and King v. State Board of Elections;
(18) the Lawyers' Committee persuaded the Environmental
Protection Agency to relocate 358 African-American families
living around the Escambia toxic Superfund site in Pensacola,
Florida;
(19) the Lawyers' Committee coordinated a Church Burning
Project in the 1990s to provide free legal assistance to
churches that were destroyed during a bitter rampage of
racially motivated church burnings;
(20) in Washington Park Land Committee v. Portsmouth, the
Lawyers' Committee secured a case settlement that led to the
relocation of 185 families from toxic lead poisoned
segregated public housing in Portsmouth, Virginia, to new
integrated housing opportunities; and
(21) June 21, 2003 is the 40th anniversary of the founding
of the Lawyers' Committee.
(b) Recognition.--Pursuant to the findings in subsection
(a), Congress--
(1) recognizes that these accomplishments of the Lawyers'
Committee reflect the tremendous commitment to implementing
justice that President Kennedy embarked on 40 years ago;
(2) recognizes the achievements of the Lawyers' Committee,
as its staff and pro bono attorneys, clients, and friends
commemorate and celebrate its 40th anniversary; and
(3) supports the designation of an appropriate day as
``Equal Justice Day'' in honor of the dedicated work of the
Lawyers' Committee and the many hours of pro bono service
offered by lawyers and law firms throughout this country to
secure justice and equal opportunity for all.
TITLE IV--KOBY MANDELL ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Koby Mandell Act of
2003''.
SEC. 402. FINDINGS.
The Congress finds the following:
(1) Numerous American citizens have been murdered or maimed
by terrorists around the world.
(2) Some American citizens who have been victims of
terrorism overseas have not received from the United States
Government services equal to those received by other such
victims of overseas terrorism.
(3) The United States Government has not devoted adequate
efforts or resources to the apprehension of terrorists who
have harmed American citizens overseas. Monetary rewards for
information leading to the capture of terrorists overseas,
which the government advertises in regions where the
terrorists are believed to be hiding, have not been
advertised adequately.
(4) To remedy these and related problems, an office should
be established within the Department of Justice for the
purpose of ensuring equally vigorous efforts to capture all
terrorists who have harmed American citizens overseas and
equal treatment for all American victims of overseas
terrorism.
SEC. 403. ESTABLISHMENT OF AN OFFICE IN THE DEPARTMENT OF
JUSTICE TO UNDERTAKE SPECIFIC STEPS TO
FACILITATE THE CAPTURE OF TERRORISTS WHO HAVE
HARMED AMERICAN CITIZENS OVERSEAS AND TO ENSURE
THAT ALL AMERICAN VICTIMS OF OVERSEAS TERRORISM
ARE TREATED EQUALLY.
The President shall establish within the Department of
Justice an office (hereinafter in this title the ``Office'')
to carry out the following activities:
(1) The Office shall create the Bringing Terrorists to
Justice program, and in so doing will ensure that--
(A) rewards are offered to capture all terrorists involved
in harming American citizens overseas, regardless of the
terrorists' country of origin or residence;
(B) such rewards are prominently advertised in the mass
media and public sites in all countries or regions where such
terrorists reside;
(C) the names and photographs and suspects in all such
cases are included on a web site; and
(D) the names of the specific organizations claiming
responsibility for terrorist attacks mentioned on the site
are included in the descriptions of those attacks.
(2) The Office shall establish and administer a program
which will provide notification for American victims of
overseas terrorism or their immediate family to update them
on the status of efforts to capture the terrorists who harmed
them.
[[Page H1678]]
(3) The Office shall work with the other United States
government agencies to expand legal restrictions on the
ability of murderers to reap profits from books or movies
concerning their crimes--the ``Son of Sam'' laws that
currently exist in many States, so as to ensure that
terrorists who harm American citizens overseas are unable to
profit from book or movie sales in the United States.
(4) The Office shall endeavor to determine if terrorists
who have harmed American citizens overseas are serving in
their local police or security forces. Whenever it is found
that terrorists who have harmed American citizens overseas
are serving in their local police or security forces, the
Office shall alert those United States Government agencies
involved in providing assistance, directly or indirectly, to
those forces, and shall request of those agencies that all
such assistance be halted until the aforementioned terrorists
are removed from their positions.
(5) The Office shall undertake a comprehensive assessment
of the pattern of United States indictments and prosecution
of terrorists who have harmed American citizens overseas, in
order to determine the reasons for the absence of indictments
of terrorists residing in some regions. The Office's
assessment shall then be provided to the Attorney General,
together with its recommendations.
(6) The Office shall endeavor to monitor public actions by
governments and regimes overseas pertaining to terrorists who
have harmed American citizens, such as naming of schools,
streets, or other public institutions or sites after such
terrorists. In such instances, the Office shall encourage
other United States Government agencies to halt their
provision of assistance, directly or indirectly, to those
institutions.
(7) In cases where terrorists who have harmed Americans
overseas, and are subsequently released from incarceration
abroad, are eligible for further prosecution in the United
States, the Office shall coordinate with other government
agencies to seek the transfer of those terrorists to the
United States for further prosecution.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for fiscal year 2004 and subsequent fiscal years such sums as
may be necessary to carry out this title.
(b) Availability.--Amounts appropriated under subsection
(a) are authorized to remain available until expended.
TITLE V--MATTERS RELATING TO INTELLIGENCE AND COUNTERINTELLIGENCE
SEC. 501. FBI OFFICE OF COUNTERINTELLIGENCE.
(a) In General.--Chapter 33 of title 28, United States
Code, is amended by inserting after section 535 the following
new section:
``Sec. 535A. Office of Counterintelligence
``Subject to the supervision of the Attorney General, the
Director of the Federal Bureau of Investigation may establish
an Office of Counterintelligence within the Bureau to
investigate potential espionage activities within the
Bureau.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 535 the following new item:
``535A. Office of Counterintelligence.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from New York (Mr.
Weiner) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 3036 currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 3036, the Department of
Justice Appropriations Authorization Act for Fiscal Years 2004 through
2006.
During the 107th Congress, I was pleased to secure bipartisan passage
of the 21st century Department of Justice Authorization Appropriations
Act, which comprehensibly reauthorized the Department of Justice for
the first time since 1979. During consideration of that legislation, I
committed to pursuing a regular authorization process to ensure that
the Committee on the Judiciary provides the Department of Justice with
clear guidance and continuing oversight.
With an annual budget of around $20 billion and a workforce of more
than 100,000 employees, the Department of Justice is an enormous
institution. Its importance has only increased since the tragic events
of September 11, 2001.
As chairman of the Committee on the Judiciary, I have worked to
provide the Department with the necessary resources to assess, prevent,
and punish terrorist acts that threaten America's domestic security
while preserving our civil liberties. The committee has also worked to
ensure that the Department's structure, management, and priorities are
tailored to best fulfill its numerous other missions.
Over the last several months, the committee has conducted several
hearings to identify the needs and priorities of the department. These
hearings reflected the committee's continuing commitment to oversee all
of the Department's activities. This bill reflects the information
obtained in those hearings.
H.R. 3036 is divided into five titles. The first title authorizes the
Department of Justice appropriations for fiscal years 2004 through
2006. With minor exceptions, these authorizations generally reflect the
President's budget request.
Title II makes numerous improvement and upgrades to the Department's
grant program. Most importantly, it combines the current Byrne formula
grant, Byrne discretionary grant, and Local Law Enforcement Block Grant
programs into one Byrne Memorial Justice Assistance Grant Program with
an authorization similar to the amount appropriated for all three
programs in recent years and a formula that closely follows current
law. The administration has requested this consolidation as a way of
better serving State and local governments.
It reauthorizes the COPS program while recasting it as one single
block grant program covering all of its current purposes so local
governments will need only to file one COPS application for any of
these purposes. I believe that this will greatly improve the efficiency
of the COPS program.
Among other changes, title II provides for new auditing and training
capacity for all DOJ grant programs to eliminate waste, fraud, and
abuse. It provides the first statutory authorization for the Weed and
Seed Program. It establishes a congressional medal and plaque for
individuals in units that responded to the 9/11 attacks. And, finally,
this reauthorizes the bulletproof vest program.
Title III makes a variety of miscellaneous changes to other aspects
of the Department of Justice. It requires DOJ to use existing Federal
facilities for training and conferences as opposed to paying for
private facilities. It also establishes a dedicated privacy officer at
the Department to ensure that the Department utilizes technologies that
do not erode privacy protection relating to the use, collection and
disclosure of personally identifiable information.
Modeled after the privacy officer this committee established in the
Department of Homeland Security, this provision advances the
committee's uncompromising commitment to the preservation of civil
liberties at the Department.
Title IV establishes a new office within DOJ designed to assist in
the capture of terrorists who harm Americans overseas.
Title V provides a statutory authorization to the already existing
FBI Office of Counterintelligence.
I introduce this legislation with the support of the gentleman from
Michigan (Mr. Conyers), and I have worked closely with him on it in
every step of the way. Bipartisan cooperation was the hallmark of this
legislation in the last Congress, and I am pleased that this spirit of
bipartisanship continued in this Congress. We have also worked closely
with the appropriators to meet their concerns.
H.R. 3036 provides the Department with the tools, resources and
direction necessary to operate efficiently and effectively. By
identifying solutions to the growing challenges faced by Federal law
enforcement, this committee and Congress will be the strong partner the
Department needs as we work for the safety and security of all
Americans.
I urge my colleagues to support this bill.
Madam Speaker, I reserve the balance of my time.
Mr. WEINER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, first I would like to extend my thanks and gratitude
to the chairman, the gentleman from Wisconsin (Mr. Sensenbrenner), for
making this part of the hallmark of the
[[Page H1679]]
Committee on the Judiciary that we are going to start to continue to
have reauthorization bills on the floor for DOJ. I think that is an
important thing. For too long it has gone without.
This is a large, important bill and an important part of our
government. Now the next step is to have it under regular orders, to
have the bill open for amendments, to have the people have the
opportunity to offer suggestions. They are a diverse element of this
bill. I think it would serve this body well to have an active debate
about some of the elements therein and be able to go through the
regular process of amendments to perfect the bill even further.
This bill has some very excellent provisions, not the least of which,
as the chairman mentioned, is the reauthorization for the first time in
a while of the COPS program. The COPS program is by just about every
measure a success. It is one of those programs that is extraordinarily
democratic, with a small D. Small towns, big cities have all benefited
from the police hirings that have gone on.
This is something that transcends politics. It transcends regions.
While we can have a debate, and we often do, where criminologists
suggest why crime might be going down nationwide, we have academics
that have taken a look at it, at the end of the day I believe it is
because we in the Federal Government got off the sidelines with the
COPS program and started to provide funding for States and localities
to provide law enforcement officials.
Now we have a situation where there are over 110,000 cops presently
funded to walk the beat all over the country with funding provided by
this Congress. This bill would reauthorize it and improve it.
It is not an accident that this has broad bipartisan support. A
coalition of Members just recently wrote to the Appropriations
Committee urging that the COPS components be fully funded. It includes
the gentleman from Michigan (Mr. Stupak), the gentleman from Minnesota
(Mr. Ramstad), the gentleman from New Jersey (Mr. Andrews), the
gentleman from Pennsylvania (Mr. Platts), the gentleman from
Pennsylvania (Mr. Holden), the gentleman from Florida (Mr. Keller), the
gentleman from New York (Mr. Quinn), and myself.
It should be pointed out, though, that the President for the second
year in a row included zero dollars and zero cents in his budget for
the hiring components of the COPS program.
We have heard over and over again the Attorney General and the Deputy
of Homeland Security Secretary say homeland security starts in our home
towns. We go periodically to higher levels of alert where we tell our
local law enforcement officials, our local first responders, you have
got to absorb more responsibility. Yet, at the same time, we in the
Federal Government have been reluctant to provide that funding. This
authorization bill changes that with a program that would provide over
the course of the bill $3 billion worth of funding.
{time} 1300
Another provision that is included in this bill that is long overdue
is getting our Department of Justice off the sidelines in another
issue, and that is, that increasingly, by dint of terrorism overseas,
U.S. citizens are dying. And simply put, the enforcement, the
indictment, the investigation of those crimes is not happening.
We have seen 36 Americans murdered by Palestinian terrorists alone
since the Oslo Accords have been signed; yet there have been zero
indictments. There have been no real rewards. Suspects' names and faces
have not been listed by the Justice Department. The Koby Mandell Act,
which was authored by the gentleman from New Jersey (Mr. Andrews) and
included in this bill, changes that; but there are things that are not
included in this bill that if it would have been open rule, we would
have had an opportunity to include
In 2000, we in this Congress recognized that we had a real problem
after a GAO study showed that increasingly very realistic-looking
badges were falling into the hands of those that should not have them.
This is before September 11. A person can today go on to the Internet
and search for collectible badges, and they can find realistic ones
that are so realistic that they can pass for NYPD badges, Customs
Department, FBI and all kinds of others. The reason is, although it is
illegal to possess a badge like that, there are some very big loopholes
that you can drive a truck through.
For example, if you are a collector and you certify that you are, you
can purchase one of these badges. If you are someone that is using it
for a movie or an entertainment purpose, you can get one of these
badges. There is even an exemption in the law, a loophole in the law,
if you want to use the badge for recreational purposes. Now I do not
know how sophisticated a game of cops and robbers someone is interested
in playing, but this is a very serious issue in the context of so many
check points that we have now, so many security lines that people have
to cross. These badges have caused a problem.
Over 1,200 times in New York City alone, someone has used a fake
badge for illicit purposes. This is a very easy loophole to close. I
would have liked the provision to have been included in the bill. It
would have been a nice thing to offer, and I believe it would have had
the support of this House.
If you are a collector, you can still get a badge. It has to be
encased in Lucite, very simple. If you are someone who is in a movie or
a film production, you have to go to the law enforcement authority
wherever you are shooting and get them to sign off that you are using
this badge for that purpose, and there absolutely should not be an
exemption for ``recreational purposes.'' These badges are being used in
some cases by true collectors; but in many cases, they are being used
for illegal and illicit purposes.
Madam Speaker, I yield 4 minutes to the gentleman from Indiana (Mr.
Visclosky).
Mr. VISCLOSKY. Madam Speaker, I thank the gentleman for yielding me
the time.
Madam Speaker, I rise today in strong support of the Department of
Justice Reauthorization Act, which includes the text of H.R. 1708, the
Bulletproof Vest Partnership Grant program.
I would begin my remarks by thanking my dear colleague, the gentleman
from New Jersey (Mr. LoBiondo), the sponsor of H.R. 1708. I have given
him my heartfelt gratitude for his leadership on this issue.
I also want to thank the gentleman from Wisconsin (Chairman
Sensenbrenner) and the gentleman from South Carolina (Chairman Coble),
the gentleman from Michigan (Mr. Conyers), the ranking members, as well
as the gentleman from Virginia (Mr. Scott), for all of their support
and cooperation in this endeavor.
Madam Speaker, I first authored and introduced the Bulletproof Vest
Partnership Grant Act with the gentleman from New Jersey (Mr. LoBiondo)
in 1997 after meeting with northwest Indiana police officers and
hearing that many gang members and drug dealers had the bulletproof
vests while many police officers did not. I was even more troubled to
learn that the reasons so many officers did not have access to
bulletproof vests was because of their prohibitive expense.
As my colleagues know, the purpose of the Bulletproof Vest
Partnership Grant program is to protect the lives of law enforcement
officers by helping States and local governments equip them with vests.
Many departments simply cannot afford to purchase vests for all of
their officers, a fact which sometimes forces officers to purchase
their own.
Unfortunately, between 1992 and the year 2001, 594 police officers
were shot and killed in the line of duty. Of those slain, roughly half
were not wearing bulletproof vests because their departments could not
afford them.
This act, among other things, recognizes that the lack of protective
body armor is even more evident not only in large cities, but in small
rural departments. Statistics show that officers in smaller departments
are much less likely to have vests than their counterparts in large
metropolitan departments. That is why, in order to make sure that no
community is left out, half of the funds in the vest partnership act
are reserved for jurisdictions with fewer than 100,000 residents.
In closing, the police officers who risk their lives for all of us
are mothers and fathers. They are sons and daughters. It is our
obligation to the officers and their families to give them access
[[Page H1680]]
to the equipment that will safeguard them; and, again, I appreciate the
gentleman from New Jersey's (Mr. LoBiondo) leadership and the
chairman's leadership on this issue and ask for support of the
legislation.
Mr. SENSENBRENNER. Madam Speaker, I yield 2 minutes to the gentleman
from New Jersey (Mr. LoBiondo).
Mr. LoBIONDO. Madam Speaker, I thank the gentleman from Wisconsin
(Mr. Sensenbrenner) very much for his leadership on this, and I thank
the gentleman from Indiana (Mr. Visclosky) for his partnership.
We joined in 1997 after similar incidents in our districts, totally
separated, joined us together on this particular issue. I urge my
colleagues to support this. It is something that will make a difference
in real terms in people's lives.
The legislation reauthorizes the grant program until 2007. The
current authorization is set to expire this year.
Congress has overwhelmingly approved the program twice before, first
in the 105th and then in the 106th. In the 105th Congress, at that
point in time, I had two groups within my district, Vest-A-Cop and
Shield of Blue, that were raising money to provide vests for police
officers basically by sub sales and bake sales and raising a dollar at
a time. We recognized through a very tragic incident where a
corrections officer at Bayside State Prison, Officer Fred Baker, while
on duty was stabbed in the back by an inmate. He did not have a
protective vest. We can only speculate if Officer Baker would be alive
today, but many of us believe that he would be.
After that incident, the gentleman from Indiana (Mr. Visclosky) and I
got together, drafted the legislation and went to work on it; and we
are very pleased that our colleagues were able to support it.
This Bulletproof Vest Partnership Act program has directly benefited
every U.S. State and territory. A bulletproof vest is one of the most
important pieces of equipment an officer can have. Many times, it can
mean the difference between life and death.
Every day, law enforcement officers are confronted by violent
criminals armed with deadly weapons. While many officers wear vests to
protect themselves, an alarming number of officers across the United
States are not afforded the same protection because of budget
constraints.
The Bulletproof Vest Partnership Act Grant program has helped State
and local law enforcement purchase these vests and in response has
saved countless thousands of lives. In 2002 alone, the Bulletproof Vest
Partnership Grant Act has provided $25 million to State law enforcement
agencies across America. This program has provided more than 700,000 of
these life-saving vests since its inception in the beginning of the
program; and in turn, in this last year, the program has helped fund
more than 188,000 new vests, giving vital protection to thousands of
law enforcement officers nationwide.
I again thank the gentleman from Wisconsin (Mr. Sensenbrenner) for
his support and the gentleman from Indiana (Mr. Visclosky), and I urge
my colleagues to support the legislation.
Mr. WEINER. Madam Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Madam Speaker, I thank the distinguished
gentleman from New York for yielding me the time.
I rise only to speak to the COPS program that over the years we have
seen, not only has it been enthusiastically received by the Members of
Congress, but it has been received enthusiastically where it counts, in
the local municipalities, counties, cities and rural areas where, had
it not been for the COPS program implemented under the Clinton
administration, many of these individuals would be without the
necessary security and law enforcement that they need.
In the backdrop of 9/11, many of us view the COPS program as a rainy-
day umbrella, if you will, of local communities in providing them with
the resources that they could not pay for themselves.
Particularly, in large cities, even cities like Houston, we are
finding that increasingly large numbers of our police officers are
reaching retirement age, and we are not able to fill those spots as
quickly as we would like. Particularly after 9/11, and even in the last
couple of weeks and days, we have noted a high number of reported
terrorist activity, some that has been intercepted, which of course, as
a member of the Select Committee on Homeland Security, I am gratified
for; but we are seeing a large amount of those activities occurring
around the world.
Certainly the United States is equally vulnerable; and I believe in
this time it is important that we promote a program that has proven to
be successful, and that is, the utilization of Federal dollars to
supplement the hiring of those in local communities that are part of
law enforcement.
The other issue that comes up repeatedly now in these recent days
after 9/11 is a large amount of dollars that local law enforcement are
spending when the alerts go up and the delay in the reimbursement money
sometimes promised by the Federal Government. It would certainly be
helpful if they already had the necessary police officers already
staffed, as opposed to using excessive overtime.
So I just ask my colleagues that as we proceed with this legislation
that we look to promote that language to provide for more support of
the COPS program.
I do want to note, however, the importance of language dealing with
the assistance of victims of crime, particular grants to local
nonprofit organizations to improve outreach to services to victims of
crime.
In my own community right now, there is a terrible trial proceeding
with the allegations of a mother that bludgeoned to death two of her
children and wounded an infant child of hers on the basis of
allegations and defense that she is making, but the point is that
family is in disarray, and they are victims of crime; and they will
need the outreach services, particularly now for the injured child,
remaining child that is alive and the father and family members that
are suffering from this terrible, terrible crime that has occurred.
Victims are lonely, isolated; and this particular provision in order to
outreach to those victims is very, very important.
I would ask my colleagues to consider these matters and ask that we
work on these points as we move through the legislation.
Madam Speaker, I rise in support of this legislation, H.R. 3036, to
Authorize Appropriations for the Department of Justice for Fiscal Year
2004-2006. I contributed in marking this bill up in Full Judiciary
Committee in September of last year.
I firmly believe that the Department of Justice should receive the
full support of Congress and should be properly funded to provide
essential protection for the American people. The missions of the
various branches of the Department of Justice are even more important
since September 11, 2001. This important Federal agency must have our
full support to adequately carry out its mission.
My staunch support of the Department of Justice and all agencies that
also carry out duties essential to our homeland security and public
safety does not imply that I believe these agencies should not adhere
to strict standards and be asked to live up to lofty goals that should
be standard for our nation. The Law Enforcement and Criminal Justice
Agencies, Bureau of Justice Statistics, the Office of Justice Programs,
and the Criminal Division must comport themselves with expert
efficiency.
The Office of Justice Programs, OJP, is responsible for a variety of
criminal justice programs including several that are of particular
interest to me: juvenile justice, violence against women and crime
prevention related to homeland security. OJP assumes the important
responsibility of preventing and controlling crimes. I am a firm
believer in eliminating crime before it starts. I applaud OJP's efforts
to cooperate with many Federal agencies to rebuild neighborhoods,
control gang activity, and prevent drug trafficking.
With these objectives are commendable there is a need to get results.
There is still high incidence of drug trafficking, gang membership,
juvenile crime, and violent crime. For example, according to the Bureau
of Justice statistics in my home State of Texas in 2000, there were
122,155 violent crimes. Of which, 77,306 were aggravated assaults,
35,348 were robberies, and 8,169 were forcible rapes. These numbers
need to decline. I look forward to hearing the testimony from the
Office of Justice Programs to hear we can reduce these high crime
rates.
Finally, the Criminal Division of the Department of Justice is also a
multi-faceted criminal justice organization with a homeland security
segment. Within the many organizations of the
[[Page H1681]]
criminal division is a counterterrorism and domestic security section.
The Criminal Division also handles cases related to child obscenity and
international crime.
The many criminal areas investigated by the Department of Justice
Criminal Division and the other agencies we are hearing testimony from
today are prime possibilities for discrimination and violations of
civil liberties. For example, within each of these organizations there
are disparities in minority hiring.
In the U.S. Marshal, for instance, 35 of the current 94 Marshals are
women or minorities, and there are currently lawsuits pending against
the Marshals regarding discrimination, although women and minorities do
comprise a substantial portion of the leadership committees within the
Marshals. There also needs to be a greater effort in racial sensitivity
training.
We also need to do more to hire more minorities and women in the
Department of Justice. For example, a recent OPM study found that while
African-Americans generally exceeded their relevant civilian labor
force representation in 16 Federal executive departments, less than 16
percent of those employed by the DOJ were African-American. And while
the DOJ consisted of 37.7 percent women, that number was over 9 percent
unrepresentative of what it should have been based on hiring practices
of women in the civilian work force.
As we consider authorizing these various agencies, we must ensure
they are not guilty of violating civil liberties in the course of their
duties. Racial profiling is one example of an unacceptable criminal
investigation technique. Racial profiling is a very serious problem in
our criminal justice system. Although African-Americans make up only 14
percent of the population nationwide, they account for 72 percent of
all routine traffic stops.
An ACLU analysis of Maryland State Police data showed that 73 percent
of cars stopped and searched on Interstate 95 between Baltimore and
Delaware from January 1995 through September 1997 were those of
African-Americans, despite the fact that only 14 percent of those
driving along that stretch were Black. Moreover, police found nothing
in 70 percent of those searches. Similarly, in Florida, 70 percent of
the persons stopped on I-95 were African-American, even though they
made up less than 10 percent of the driving population. Data also shows
that Hispanics are similarly targeted disproportionately by law
enforcement agencies across the Nation.
For the reasons above-stated, I support this bill, Madam Speaker.
Mr. SENSENBRENNER. Madam Speaker, I yield 2 minutes to the gentleman
from California (Mr. Cox), the chairman of the Select Committee on
Homeland Security.
Mr. COX. Madam Speaker, I rise in strong support of the Department of
Justice authorization bill, and I commend the gentleman from Wisconsin
(Chairman Sensenbrenner) and the gentleman from Michigan (Ranking
Member Conyers) for their leadership and their bipartisan cooperation
on this vital function of our national government.
Madam Speaker, I also rise for the purpose of engaging in a colloquy
with my good friend, the chairman of the Committee on the Judiciary.
The Department of Justice bill contains a provision which limits the
Federal Bureau of Investigation's participation in the Terrorism Threat
Integration Center as follows: the provision states that funding will
be provided ``as may be necessary to assign employees to the Terrorism
Threat Integration Center: provided, that such amounts may only be
expended for analyzing intelligence information.''
I understand the intent of this language is to ensure that TTIC does
not become a domestic surveillance or collection agency. However, I
want to be clear that there was no intention to create barriers to
information sharing between the FBI and TTIC and between and among
other partners in TTIC, such as the Department of Homeland Security.
Since September 11, Congress and the gentleman from Wisconsin
(Chairman Sensenbrenner) have worked tirelessly to tear down these
information-sharing barriers. I want to be sure that this provision
will in no way interfere with TTIC's right to receive information from
the FBI or its responsibility to provide information to the FBI and the
Department of Homeland Security. TTIC's partnership with DHS is
critical to the Department's mission to prevent terrorist attacks.
In addition, it may be appropriate for the FBI to assign employees to
TTIC to assist in the administration and management of TTIC, and I
understand that it is not the chairman's intent through this language
to limit such FBI's participation and assistance. Is my understanding
of this provision accurate?
Mr. SENSENBRENNER. Madam Speaker, will the gentleman yield?
Mr. COX. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. The answer to the gentleman's question is yes.
Mr. COX. Madam Speaker, I thank the chairman.
Mr. WEINER. Madam Speaker, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Madam Speaker, I thank my friend from New York for
yielding me the time.
I would like to express my appreciation to the gentleman from
Wisconsin (Chairman Sensenbrenner), the gentleman from Michigan
(Ranking Member Conyers), and especially the gentleman from New York
(Mr. Weiner) for the outstanding efforts in including in this worthy
piece of legislation a provision that has been called the Koby Mandell
Act.
Koby Mandell was a 13-year-old boy in May of 2001 who until he was in
fourth grade had lived in the United States in Maryland and his family
moved to Israel. In May of 2001, Kolbe and a friend of his went hiking,
and they were never to return.
During their youthful enjoyment of a hiking outing, Kolbe and his
friend were stoned to death by Palestinian terrorists. Now, when an
American citizen leaves this country for purposes of living somewhere
else, he or she certainly should not leave behind the protection of
justice.
{time} 1315
Unfortunately for Koby Mandell and his family, the concept that
passes for justice in the occupied territories did not protect him.
Because since the time of his murder, there has been no meaningful
investigation or prosecution to bring to justice those who committed
this murder. When our citizens travel around the world and are not
protected by the law of other places, it is our responsibility to step
forward and protect them. That is what this language does.
I especially want to thank the gentleman from New York (Mr. Weiner),
without whose active participation this would not have happened. He
used his considerable legislative skills to shepherd through the
committee, with the cooperation of the chairman and ranking member,
this language.
Here is what it means. The Department of Justice will set up an
office that will offer and enforce rewards for those who murder
Americans when they are on foreign soil, irrespective of where they are
on foreign soil. This office will monitor the outcome of any
prosecution or incarceration of a person who has murdered an American
citizen. If such a person is released from a prison in another land or
is not properly dealt with in another land, this office will have
responsibility to extradite and bring to trial in this country a person
who has committed a crime against an American citizen, to the extent
that our laws would permit such a prosecution.
This office will be, further, responsible for making sure that if any
official authorities that may have been complicit in the murder of the
American are still in place, that is to say, if people who are security
agents or police officers responsible for the murder of an American
citizen are still in place, that appropriate diplomatic and economic
actions would be taken against the government that sponsors those
authorities. Sadly, in many parts of the world, those who wear the
cloak of authority are responsible for criminal acts, murderous acts
against Americans and other innocent people.
This provision will by no means stop the murder of innocent Americans
when they travel abroad, but it will provide us with a new and
meaningful tool that will bring to justice those who would commit such
heinous acts against innocent people. It is sad that a 13-year-old boy
had to give his life, but it is inspiring that his sacrifice of his
life has led this institution to consider this very worthy provision.
Again, I am very grateful to the chairman, the gentleman from
Wisconsin (Mr. Sensenbrenner), to the
[[Page H1682]]
ranking member, the gentleman from Michigan (Mr. Conyers), and
especially to the gentleman from New York (Mr. Weiner) for their skill
in including this measure in the underlying legislation. I hope that we
will continue to work together as Republicans and Democrats to see that
this newly created office will be properly funded so that it may do the
job I just talked about.
No American should be without the protection of justice, irrespective
of where he or she travels in the world. I believe this is an important
provision to help ensure that promise. Once again, I thank the leaders
for including it in the bill.
Mr. WEINER. Madam Speaker, I yield myself such time as I may consume.
I wanted to conclude the way I began, by offering my thanks to
Chairman Sensenbrenner. He has made this Committee on the Judiciary one
that functions in a no-nonsense fashion. We legislate. We very often
disagree on issues, but they are all heard. And I think he has also
done an excellent job in protecting the prerogatives of the committee,
making sure that important things like the funding of the Judiciary, of
the Justice Department, is not left entirely to the appropriators and
that we have an opportunity to craft a bill.
I would now encourage our colleagues in the other body to get going.
They have many of these provisions they are also looking at. I
understand they are going to take up this bill. I would urge them to do
so quickly. And I think that we should, as the chairman said, get in
the habit of treating this agency like others. There are sticky issues,
but I think we have shown in the Committee on the Judiciary that we can
navigate them.
I do want to make reference to one point, because many of my
colleagues have mentioned it in passing. There is a great deal of
controversy, I think much of it overblown, about the PATRIOT Act. I
think supporters of the PATRIOT Act have wildly overstated its impact,
and detractors have wildly overstated the impositions put on Americans.
But I think the chairman deserves credit for fully funding the
Inspector General's Office, with particular attention being paid to
making sure that PATRIOT Act investigations are being done in an
aboveboard way that does not violate the rights of Americans and that
as we review the PATRIOT Act as it prepares to sunset that we have a
full arsenal of information at our disposal.
I wanted to also offer my thanks to some members of the staff here at
the on the Democratic side of the Committee on the Judiciary, Sampak
Garg, Perry Apelbaum, Ted Kalo, Bobby Vassar, Greg Barnes, and Marc
Dunkelman of my staff. In particular, I would like to offer my
gratitude to Lamar Robertson, who has been my counsel on the Committee
on the Judiciary for years now and has done so with remarkable aplomb,
remarkable intellect, with a great sense of humor. He will be missed by
those of us with whom he serves in the House, and this part in
particular that deals with the COPS program is a testament to his hard
work.
With that, I offer my thanks to the chairman, and I urge a ``yes''
vote.
Madam Speaker, I have no further requests for time. I yield back the
balance of my time.
Mr. SENSENBRENNER. Madam Speaker, I yield myself the balance of my
time.
Madam speaker, I, too, would like to thank the staff that worked very
hard to negotiate this bill to get the overwhelming bipartisan support
that it receives.
Let me say that this is a work in progress, as was the DOJ
reauthorization bill that the Congress passed and the President signed
last Congress, which was the first Department of Justice
reauthorization that had been done since 1979.
The gentleman from New York has a legitimate concern about the sale
of fake law enforcement badges. Let me say that we had hoped to include
some language relative to that issue in this bill, but the devil was in
the details and we could not agree upon the details before the bill
came to the floor.
That does not put the issue to bed forever. When we deal with this
issue in conference, I am hopeful that we will be able to get some
language inserted into the final bill that goes down to the White House
that deals with fake badges, because this is a very legitimate issue
and there ought to be additional penalties for those who use fake
badges over and above the penalties for impersonating a police officer.
So I am hopeful that the other body will deal with this issue
promptly.
It does make some very beneficial improvements to how the Department
of Justice deals with its grant programs, particularly with
relationship to law enforcement. It does reauthorize the bulletproof
vest program. And the material that has been inserted in the bill that
the gentleman from New Jersey (Mr. Andrews) talked about, about an
extraterritorial application when crimes are committed against a United
States citizen and the law enforcement of the host country will not
deal with that issue, I think are vitally important.
So this bill is a tremendous step in the right direction. It is a
good bill. It will be made better as we continue working on it, and I
am hopeful that before this Congress adjourns that it will be signed
into law. I urge a ``yes'' vote.
Mr. VISCLOSKY. Madam Speaker. I rise today in strong support of H.R.
3036, the Department of Justice Reauthorization Act, which includes the
text of my legislation, H.R. 1708, the reauthorization of the
successful Bulletproof Vest Partnership Grant Program.
At the outset of my remarks, I would like to thank Chairman
Sensenbrenner and Chairman Coble as well as Ranking Member of the full
Committee Mr. Conyers and the Ranking Member of the Crime Subcommittee
Mr. Scott for their past support and efforts on behalf of this
important legislation. I would also be remiss if I did not express my
heartfelt gratification and thanks to the gentleman from New Jersey,
Mr. LoBiondo, the lead cosponsor of H.R. 1708.
Madam Speaker, I am very excited to be on the floor of the House once
again to reauthorize the Bulletproof Vest Partnership Grant Act for a
second time. As you know, the original measure was approved by this
body with an overwhelming majority in the 105th Congress. Due to the
success of the program, it was reauthorized for an additional 3 years
in the 106th Congress. Section 207 of today's measure will reauthorize
this program, once again, through fiscal year 2007.
If could take a step back Mr. Speaker, I first authored and
introduced the Bulletproof Vest Partnership Grant Act in November 1997
after meeting with Northwest Indiana police chiefs and hearing that
many gang members and drug dealers had the protection of bulletproof
vests, while many police officers did not. I was even more troubled to
learn the reason why so many officers do not have access to bulletproof
vests. During a visit I made to the local chapter of the Fraternal
Order of Police in Dyer, Indiana, officers explained to me that
bulletproof vests are prohibitively expensive. A good vest can cost
upwards of $500. Many small departments, as well as some larger ones,
simply cannot afford to purchase vests for all of their officers, a
fact which sometimes forces officers to purchase their own. My original
legislation quickly gained overwhelming bipartisan support in this
body, due to the fact that similar problems were being experienced by
local police departments all across the United States and President
Clinton signed the legislation into law in June of 1998 as P.L. 105-
181.
Northwest Indiana's police officers work hard to keep the public
safe, often at great personal risk to themselves. I am committed to
securing the safety equipment these brave men and women need, so they
can do their jobs and keep our communities safe. The Bulletproof Vest
Partnership Grant Program has been effective in saving the lives of law
enforcement officers. According to statistics provided by the Lake
County, Indiana, Sheriff's Department, bulletproof vests secured under
this program have saved the lives of 18 police officers in that county
alone.
Between 1999 through the end of 2003, 23 different law enforcement
entities throughout my District have purchased a total of 1,119 vests
to protect their police officers. Whether it is the largest city in my
District, Gary, with a population of nearly 103,000 people and a
current force of 296 police officers purchasing 678 vests, the Town of
Merrillville, with a population of 30,500 and a current force of 52
police officers purchasing 89 vests, or in the cases of a smaller
police department, like St. John Indiana, with a population of 8,300
and a force of 14 fulltime officers purchasing 34 vests for their
officers, this program has worked to protect the lives of those who
protect us.
As you know, the purpose of the Bulletproof Vest Partnership Grant
Program is to protect the lives of law enforcement officers by helping
States and local governments equip them
[[Page H1683]]
with bulletproof vests. Bulletproof vests and body armor have saved
thousands of lives since the introduction of the modern bulletproof
material, however, they cannot protect the lives of those who do not
have access to them. Unfortunately, between 1992 and 2001, 594 police
officers were gunned down in the line of duty. Of those slain, roughly
half were not wearing bulletproof vests because sadly, their
departments could not afford to provide them with these lifesaving
pieces of equipment. The Federal Bureau of Investigation has estimated
that the risk of fatality from a firearm for officers not wearing body
armor is 14 times higher than for officers wearing body armor. The
Fraternal Order of Police have stated that, ``body armor is one of the
most important pieces of equipment an officer can have and often mean
the difference between life and death.'' According to the IACP/Dupont
Kevlar Survivors Club, there are over 2,750 law enforcement officers in
the United States who are alive today thanks to the bulletproof vests
they were wearing.
The Bulletproof Vest Partnership Grant Program has directly benefited
every State and territory of the United States. This critical program
provides State, local, and tribal law enforcement officers with needed
protection by aiding the purchase of protective equipment. More than
700,000 bulletproof vests are worn today as a direct result of this
program.
The Act also recognizes that the lack of protective body armor is
even more evident in small, rural police departments. Statistics show
that officers in smaller departments are much less likely to have vests
than their counterparts in large metropolitan departments. H.R. 1708,
the text of which is included in Section 207 of this legislation, would
meet the goal of saving officers' lives by reauthorizing the current
grant program within the Justice Department for an additional 3 years,
providing 50-50 matching grants to State and local law enforcement
agencies. These grants are targeted to jurisdictions where most
officers do not currently have access to vests, and they are designed
to be free of the red tape that often characterizes other grant
programs. That is why, in order to make sure that no community is left
out of the program, half of the funds are reserved for jurisdictions
with fewer than 100,000 residents.
In closing, the police officers who risk their lives are mothers and
fathers, and they are sons and daughters. It is our obligation, to the
officers and their families, to give them access to the equipment that
will safeguard their lives. This legislation is intended to create a
partnership with State and local law enforcement agencies in order to
make sure that every police officer who needs a bulletproof vest gets
one.
I thank Madam Speaker and urge my colleagues to support the
underlying bill.
Mr. CONYERS. Madam Speaker, I rise in support of this legislation. I
first would like to commend Chairman Sensenbrenner for reasserting the
Judiciary Committee's jurisdiction over the Department of Justice with
this bill. In the past few years, the Justice Department has become
increasingly resistant to congressional oversight, either refusing to
answer questions or answering them vaguely at best. Fortunately, we
worked together at the Committee level to address our concerns with the
Department and arrived at the bill before us today.
While the bill has numerous provisions that are worth notice, I would
like to concentrate on a few. First, the bill reauthorizes the COPS
office. We all know that this Clinton administration program has been
increasingly vital in day-to-day crime prevention and crime solving.
That is why COPS has received the praise of the Fraternal Order of
Police, the largest law enforcement organization in the country. Local
policing also is the backbone in our war on terrorism, as community
officers are more likely to know the witnesses and more likely to be
trusted by community residents who have information about potential
attacks. This bill provides over $1 billion per year for three fiscal
years for this important program.
The bill also includes language offered by my colleague Rep. Adam
Schiff to require the Attorney General to submit reports to Congress on
the number of persons detained on suspicion of terrorism. This is
important because the Department has thwarted congressional and
judicial efforts to obtain justification for terrorism detainees. In
the past few years, the Department's Office of the Inspector General
has found that the Department and its components had abused terrorism
suspects, pushing them into walls, leaving them in legal limbo, and
depriving them of access to family or counsel. With these reports,
elected representatives can better determine whether the Department is
overstepping its bounds again.
Third, the bill gives the Office of the Inspector General over $70
million for its responsibilities. In the past few years, the OIG has
been diligent in overseeing the Department's war on terrorism, issuing
reports on 9/11 detainees and pushing the Department to change how its
procedures for handling terrorism suspects. The bill provides that the
increased funding should be used largely for continuing their PATRIOT
Act-related functions.
Finally, the bill recognizes the 40th anniversary of the founding of
the Lawyers' Committee for Civil Rights Under Law. It was President
Kennedy's vision that brought members of the bar together to fight for
the civil rights of all Americans. The Lawyers' Committee continues
that fight and deserves our recognition and thanks.
I urge my colleagues to vote ``yes'' on this legislation.
Mr. ACEVEDO-VILA. Madam Speaker, I rise in strong support of the
Department of Justice Reauthorization Act. I commend Judiciary Chairman
Sensenbrenner, Ranking Member Conyers, and other members of the
Judiciary Committee for their diligent work on this bill. This bill
makes important changes and adjustments to current law, which I believe
will bring greater safety to our communities and ensure better and more
efficient administration of crime-fighting programs.
There are two specific provisions of this Act that I would like to
highlight.
The Reauthorization of the Bulletproof Vest Partnership Grant Act is
an important step in assuring the safety of law enforcement officers
throughout the Nation. It has been through this program that thousands
of police officers, including many in Puerto Rico, have received the
critical personal safety protection of bulletproof vests. While the
threat of gun violence will continue to endanger our police, the
reauthorization of this grant program will continue the reduction of
firearms injuries and deaths to our Nation's law enforcement officers.
Additionally, there is language in H.R. 3036 that is of great
importance to Puerto Rico. Unlike in the States, the Commonwealth
government centrally carries out the vast majority of law enforcement
functions. The Commonwealth's budget for 2005 calls for $752 million to
support the 22,500 Commonwealth police officers who have the primary
responsibility for law enforcement on the island, and they are joined
by approximately 4,000 officers at the municipal level. For this
reason, the disbursement of funds under law enforcement grant programs,
such as the local law enforcement block grant and the Byrne Memorial
Justice Assistance Grant, should be to the Commonwealth government.
Under this scenario, the Commonwealth government then disburses funds
to the municipal police forces as appropriate. This bill recognizes
this unique structure, and includes language that appropriately directs
the local law enforcement grants to the Commonwealth government.
Again, I greatly appreciate the leadership of Chairman Sensenbrenner
and his colleagues on the Judiciary Committee in bringing this
important bill to the floor. I strongly support this legislation, and
urge my colleagues to do likewise.
Mr. SENSENBRENNER. Madam Speaker, yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the bill, H.R. 3036, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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