[House Report 108-426]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-426
======================================================================
 
 DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, FISCAL YEARS 
                           2004 THROUGH 2006

                                _______
                                

 February 24, 2004.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3036]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 3036) to authorize appropriations for the Department of 
Justice for fiscal years 2004 through 2006, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.





                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................    27
Background and Need for the Legislation..........................    27
Hearings.........................................................    34
Committee Consideration..........................................    36
Vote of the Committee............................................    36
Committee Oversight Findings.....................................    36
New Budget Authority and Tax Expenditures........................    36
Congressional Budget Office Cost Estimate........................    37
Performance Goals and Objectives.................................    39
Constitutional Authority Statement...............................    39
Section-by-Section Analysis and Discussion.......................    40
Changes in Existing Law Made by the Bill, as Reported............    51
Markup Transcript................................................   118







                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

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.

                  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.

                   TITLE IV--DNA DATABASE ENHANCEMENT

Sec. 401. Short title.
Sec. 402. Inclusion of DNA samples from all persons convicted of 
violent felonies.
Sec. 403. Authorization for States to upload DNA samples collected in a 
lawful manner.
Sec. 404. Requirement that law enforcement officers be able to compare 
collected DNA samples with national database.
Sec. 405. Reauthorization of DNA backlog grant program.

                       TITLE V--KOBY MANDELL ACT

Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. 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. 504. Authorization of appropriations.

                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.
          (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 $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: $720,806,000, 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: 
        $4,677,214,000.
          (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,558,743,000, 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: $541,844,000, 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: $810,125,000.
          (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) Office of justice programs.--For administrative expenses 
        not otherwise provided for, of the Office of Justice Programs: 
        $145,768,000.
          (22) Legal activities office automations.--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: 
        $136,447,000.
          (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $201,368,000 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: 
        $678,652,000, 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 inaccordance with the Radiation Exposure 
                Compensation Act.
          (5) Antitrust division.--For the Antitrust Division: 
        $144,736,000.
          (6) United states attorneys.--For United States Attorneys: 
        $1,587,920,000, 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: $4,732,360,000, 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: $735,222,000, 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: 
        $4,770,758,000.
          (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,589,918,000, 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: 
        $869,027,000.
          (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $156,268,000 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: $552,681,000, 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: $1,236,000.
          (15) Community relations service.--For the Community 
        Relations Service: $9,716,000.
          (16) Assets forfeiture fund.--For the Assets Forfeiture Fund: 
        $23,949,000 for expenses authorized by section 524 of title 28, 
        United States Code.
          (17) United states parole commission.--For the United States 
        Parole Commission: $11,272,000.
          (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $826,327,000.
          (19) Identification systems integration.--For expenses 
        necessary for the operation of the Identification System 
        Integration: $34,758,000.
          (20) Narrowband communications.--For the costs of conversion 
        to narrowband communications, including the cost for operation 
        and maintenance of Land Mobile Radio legacy systems: 
        $142,885,000.
          (21) Office of justice programs.--For administrative expenses 
        not otherwise provided for, of the Office of Justice Programs: 
        $148,683,000.
          (22) Legal activities office automations.--For necessary 
        expenses related to office automation: $33,904,000.
          (23) Counterterrorism fund.--For necessary expenses of the 
        Counterterrorism Fund: $1,020,000.

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: 
        $139,176,000.
          (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $205,395,000 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: 
        $692,225,000, 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: 
        $147,631,000.
          (6) United states attorneys.--For United States Attorneys: 
        $1,619,678,000, 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: $4,832,107,000, 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: $749,926,000 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: 
        $4,866,173,000.
          (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,621,716,000, 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: 
        $886,407,000.
          (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $159,393,000 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: $563,918,000, 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: $1,260,000.
          (15) Community relations service.--For the Community 
        Relations Service: $9,910,000.
          (16) Assets forfeiture fund.--For the Assets Forfeiture Fund: 
        $24,428,000 for expenses authorized by section 524 of title 28, 
        United States Code.
          (17) United states parole commission.--For the United States 
        Parole Commission: $11,497,000.
          (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $842,854,000.
          (19) Identification systems integration.--For expenses 
        necessary for the operation of the Identification System 
        Integration: $35,453,000.
          (20) Narrowband communications.--For the costs of conversion 
        to narrowband communications, including the cost for operation 
        and maintenance of Land Mobile Radio legacy systems: 
        $145,743,000.
          (21) Office of justice programs.--For administrative expenses 
        not otherwise provided for, of the Office of Justice Programs: 
        $151,657,000.
          (22) Legal activities office automations.--For necessary 
        expenses related to office automation: $34,582,000.
          (23) Counterterrorism fund.--For necessary expenses of the 
        Counterterrorism Fund: $1,040,000.

     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.--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:
          ``(1) Law enforcement programs.
          ``(2) Prosecution and court programs.
          ``(3) Prevention and education programs.
          ``(4) Corrections and community corrections programs.
          ``(5) Drug treatment programs.
          ``(6) Planning, evaluation, and technology improvement 
        programs.
  ``(b) Contracts and Subawards.--A State or unit of local government 
may, in using a grant under this subpart for purposes authorized by 
subsection (a), use all or a portion of that grant to contract with or 
make one or more subawards to one or more--
          ``(1) neighborhood or community-based organizations that are 
        private and nonprofit;
          ``(2) units of local government; or
          ``(3) tribal governments.
  ``(c) Program Assessment Component; Waiver.--
          ``(1) Each program funded under this subpart shall contain a 
        program assessment component, developed pursuant to guidelines 
        established by the Attorney General, in coordination with the 
        National Institute of Justice.
          ``(2) The Attorney General may waive the requirement of 
        paragraph (1) with respect to a program if, in the opinion of 
        the Attorney General, the program is not of sufficient size to 
        justify a full program assessment.
  ``(d) Prohibited Uses.--Notwithstanding any other provision of this 
Act, no funds provided under this subpart may be used, directly or 
indirectly, to provide any of the following matters:
          ``(1) Any security enhancements or any equipment to any 
        nongovernmental entity that is not engaged in criminal justice 
        or public safety.
          ``(2) Unless the Attorney General certifies that 
        extraordinary and exigent circumstances exist that make the use 
        of such funds to provide such matters essential to the 
        maintenance of public safety and good order--
                  ``(A) vehicles, vessels, or aircraft;
                  ``(B) luxury items;
                  ``(C) real estate;
                  ``(D) construction projects (other than penal or 
                correctional institutions); or
                  ``(E) any similar matters.
  ``(e) Administrative Costs.--Not more than 10 percent of a grant made 
under this subpart may be used for costs incurred to administer such 
grant.
  ``(f) Period.--The period of a grant made under this subpart shall be 
four years, except that renewals and extensions beyond that period may 
be granted at the discretion of the Attorney General.
  ``(g) Rule of Construction.--Subparagraph (d)(1) shall not be 
construed to prohibit the use, directly or indirectly, of funds 
provided under this subpart to provide security at a public event, such 
as a political convention or major sports event, so long as such 
security is provided under applicable laws and procedures.

``SEC. 502. APPLICATIONS.

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

``SEC. 503. REVIEW OF APPLICATIONS.

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

``SEC. 504. RULES.

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

``SEC. 505. FORMULA.

  ``(a) Allocation Among States.--
          ``(1) In general.--Of the total amount appropriated for this 
        subpart, the Attorney General shall allocate--
                  ``(A) 50 percent of such 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 amount to each State in 
                amounts that bear the same ratio of--
                          ``(i) the average annual number of part I 
                        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.--Notwithstanding paragraph (1), no 
        State shall receive less than .25 percent of such total amount 
        for each fiscal year.
  ``(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) Allocations for categories of like units of local 
        government.--Of the amounts referred to in paragraph (1), each 
        of the four categories of like governmental units (county, 
        city, township, and other) within a State shall be allocated an 
        amount that bears the same ratio of--
                  ``(A) the total expenditures on criminal justice by 
                units of local government in that category within that 
                State in the most recently completed fiscal year to--
                  ``(B) the total expenditures on criminal justice by 
                all units of local government within that State in such 
                year.
          ``(3) Allocations for units of local government.--Of the 
        amounts allocated to a category under paragraph (2), each unit 
        of local government in that category within that State shall be 
        allocated an amount that bears the same ratio of--
                  ``(A) the average annual number of part I violent 
                crimes of the Uniform Crime Reports of the Federal 
                Bureau of Investigation reported by such unit of local 
                government for the three most recent years reported by 
                such unit of local government to--
                  ``(B) the average annual number of such crimes 
                reported by all like governmental units for such years.
  ``(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 I 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 I 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 subsection (b), of the amounts allocated under 
        subsection (a) to Puerto Rico, 100 percent shall be for direct 
        grants to Puerto Rico.
          ``(2) No local allocations.--Subsections (c) and (d) shall 
        not apply to Puerto Rico.
  ``(h) Definition.--
          ``(1) In general.--For purposes of this section, the term 
        `like governmental unit' means any like unit of local 
        government as defined by the Secretary of Commerce for general 
        statistical purposes.
          ``(2) Certain like units required.--Notwithstanding paragraph 
        (1), in determining the meaning of such term for purposes of 
        this section--
                  ``(A) all counties (including parishes) shall be 
                treated as like governmental units;
                  ``(B) all cities shall be treated as like 
                governmental units;
                  ``(C) all townships shall be treated as like 
                governmental units; and
                  ``(D) all governmental units of other particular 
                types shall be treated as like governmental units of 
                such types.

``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; and
          ``(2) $20,000,000, to be granted by the Attorney General to 
        States and units of local government to develop and implement 
        antiterrorism training programs.

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

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

``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

  ``There is authorized to be appropriated to carry out this subpart 
$1,075,000,000 for fiscal year 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 (42 U.S.C. 3782), in subsection 
                (b)--
                          (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 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''.

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 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 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) Increase in Amounts Collected by Debt-Collection Activities That 
May Be Credited to Working Capital Fund.--Section 11013(a) of the 21st 
Century Department of Justice Appropriations Authorization Act (Public 
Law 107-273; 116 Stat. 1823; 28 U.S.C. 527 note) is amended by striking 
``3 percent'' and inserting ``6 percent''.
  (b) 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''.
  (c) 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)''.
  (d) 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.''.
  (e) 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) Family support.--Part W (42 U.S.C. 3796jj-3796jj-7).
          (3) 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--
                  (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(b)(1) of title 18, United States Code, is amended--
          (1) by striking ``the Immigration and Naturalization 
        Service'' and inserting ``the Department of Homeland 
        Security'';
          (2) by striking ``shall not exceed the lesser of the amount'' 
        and inserting ``shall be the amount billed, not to exceed the 
        amount'';
          (3) by striking ``items and services'' and all that follows 
        through ``the Medicare program'' and inserting ``items and 
        services under the Medicare program''; and
          (4) 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.
          ``(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.''.
  (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.
          ``(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 Office of Justice Programs, 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 Office of Justice Programs, 
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.''.
  (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. 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 paragraph (2). 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.
  ``(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 October 1, 2003; 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.

                  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 as section 540D and by moving 
it so that it follows 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 40155 of Public Law 103-
322 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.

                   TITLE IV--DNA DATABASE ENHANCEMENT

SEC. 401. SHORT TITLE.

  This title may be cited as the ``DNA Database Enhancement Act''.

SEC. 402. INCLUSION OF DNA SAMPLES FROM ALL PERSONS CONVICTED OF 
                    VIOLENT FELONIES.

  Section 2(b) of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135(b)) is amended in paragraph (3) by inserting before the 
semicolon at the end the following: ``, provided that each violent 
felony under the law of that State shall be treated for purposes of 
this section as a qualifying State offense''.

SEC. 403. AUTHORIZATION FOR STATES TO UPLOAD DNA SAMPLES COLLECTED IN A 
                    LAWFUL MANNER.

  Section 210304(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14132(a)) is amended--
          (1) in paragraph (1), by inserting ``arrested for or'' before 
        ``convicted of crimes'';
          (2) in paragraph (3), by striking ``and'' at the end;
          (3) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
          (4) by adding at the end the following new paragraph:
          ``(5) analyses of DNA samples from other persons, as 
        authorized under the laws of the jurisdiction in which the 
        samples were collected.''.

SEC. 404. REQUIREMENT THAT LAW ENFORCEMENT OFFICERS BE ABLE TO COMPARE 
                    COLLECTED DNA SAMPLES WITH NATIONAL DATABASE.

  Section 2(b) of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135(b)), as amended by section 402, is further amended--
          (1) by striking ``and'' at the end of paragraph (4);
          (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(6) include a certification that the State does not, by 
        statute, rule, or regulation, prohibit or limit the comparison 
        by a law enforcement officer of (A) the results of a DNA 
        analysis carried out on a DNA sample lawfully obtained by such 
        officer with (B) the information in such Combined DNA Index 
        System.''.

SEC. 405. REAUTHORIZATION OF DNA BACKLOG GRANT PROGRAM.

  Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135(j)) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``and'' at the end of subparagraph 
                (B);
                  (B) by striking the period at the end of subparagraph 
                (C) and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(D) such sums as many be necessary for fiscal years 
                after fiscal year 2003.''; and
          (2) in paragraph (2)--
                  (A) by striking ``and'' at the end of subparagraph 
                (C);
                  (B) by striking the period at the end of subparagraph 
                (D) and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(E) such sums as many be necessary for fiscal years 
                after fiscal year 2004.''.

                       TITLE V--KOBY MANDELL ACT

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Koby Mandell Act of 2003''.

SEC. 502. FINDINGS.

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

SEC. 503. 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.
          (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, such as the territories 
        controlled by the Palestinian Authority. 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. 504. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated for fiscal 
year 2003 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.

                          Purpose and Summary

    H.R. 3036 authorizes appropriations for the Department of 
Justice for fiscal years 2004 through 2006. The bill as 
introduced contains three titles. Title I provides the 
authorizations for appropriations for the various activities of 
the Department. Title II makes various reforms to the 
Department's grant programs. Title III makes miscellaneous 
changes to various Department authorizing statutes. At the 
committee's markup, Title IV, relating to DNA database 
enhancement, and Title V, relating to the Koby Mandell Act, 
were added.

                Background and Need for the Legislation


                  A. STATUTORY AUTHORIZATION AUTHORITY

    ``Authorization'' is the process by which Congress creates, 
amends, and extends programs in executive agencies. 
Authorization is perhaps the most important oversight tool that 
Congress and committees of jurisdiction can employ. Through 
authorization legislation, authorizing committees establish 
programs, their objectives, and the upper limits for spending 
on them. Once a federal program has been authorized, the actual 
budget authority for the program comes from appropriations 
bills.
    The Department of Justice, established in 1870 by an act of 
Congress, is an executive department of the federal government 
under the direction and control of the Attorney General. 12 
Stat. 162 (1870); 28 U.S.C. Sec. Sec. 501, 503. Except as 
otherwise authorized by law, the Justice Department has 
``[p]rimary responsibility for representing the United States, 
its agencies, and officers in the courts of the United States'' 
and, if necessary or appropriate, in state and local courts. 
U.S. Dep't of Justice, Revised Edition of Compendium on Agency 
Litigation Authority 1-1 (Sept. 2000); 28 U.S.C. Sec. Sec. 516-
19, 547; 5 U.S.C. Sec. 3106. In addition, Congress has 
authorized executive departments, independent agencies, and 
government corporations to appear in court through their own 
counsel under certain circumstances. Id.
    Congressional authorization of appropriations for the 
Justice Department is required by law. Pub. L. 94-503, Title 
II, Sec. 204, 90 Stat. 2427 (1976). The Crime Control Act of 
1976 provided that:

          No sums shall be deemed to be authorized to be 
        appropriated for any fiscal year beginning on or after 
        October 1, 1978, for the Department of Justice 
        (including any bureau, agency, or other similar 
        subdivision thereof) except as specifically authorized 
        by Act of Congress with respect to such fiscal year.

Id. Notwithstanding this statutory authority, until recently 
the Justice Department had not been formally authorized by 
Congress since 1980. Pub. L. No. 96-397, 94 Stat. 1563 (1980). 
However, in 2001, Chairman Sensenbrenner introduced H.R. 2215, 
the ``21st Century Department of Justice Appropriations 
Authorization Act.'' This authorizing legislation was enacted 
into law on November 2, 2002. Pub. L. No. 107-273. This 
legislation fully authorized the appropriations requested by 
the President for fiscal years 2002 and 2003, strengthened 
legislative oversight of the Department of Justice by 
bolstering the authority of the Department's Inspector General, 
required disclosure of additional information on the operation 
of the Office of Justice Programs, created additional federal 
judgeships, and contained several legislative initiatives which 
had passed the House but received no floor vote in the Senate.
    The Committee on the Judiciary has authorizing jurisdiction 
over the Department of Justice. The Justice Department is 
presently comprised of over 50 separate components, including 
the Federal Bureau of Investigation, the U.S. Attorneys, the 
U.S. Marshals Service, the Drug Enforcement Administration, the 
Bureau of Prisons, the Office of Solicitor General, the Office 
of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, the various litigating divisions, and others.
    H.R. 3036 represents the next installment in the 
Committee's continuing commitment to the authorization process. 
The highlights of H.R. 3036 are set forth below.

              B. TITLE I--AUTHORIZATION OF APPROPRIATIONS

    Title I contains authorizations of appropriations for the 
Department's various programs for fiscal years 2004 through 
2006. These authorizations follow the President's budget 
request for the Department for fiscal year 2004. For fiscal 
year 2005, the authorizations represent the President's budget 
request plus a 2% increase. For fiscal year, 2006, the 
authorizations represent the fiscal year 2005 authorization 
plus a 2% increase.
    The Committee went beyond the Administration's request in 
one respect. The Committee provided for additional funds for 
the Office of the Inspector General. The Committee expects the 
OIG will use these additional funds in fulfilling its duties 
under Sec. 1001 of the USA PATRIOT Act. Pub. L. No. 107-56.
    In addition, the authorization for the Federal Bureau of 
Investigation in all three years includes language limiting the 
FBI's participation in the Terrorist Threat Integration Center 
(``TTIC'') to the analysis of intelligence information. The 
Committee wants to carefully limit the mission of TTIC so that 
it does not grow into a domestic surveillance operation.

         C. TITLE II--REFORM OF THE DEPARTMENT'S GRANT PROGRAMS

    Title II generally reforms the Department's grant programs, 
most of which are run through the Office of Justice Programs 
(``OJP'') or the Community Oriented Policing Services 
(``COPS'') Office. The Committee believes that many of the 
programs that these two offices administer are worthwhile and 
should be continued. The Committee also believes that the 
Department has made many administrative reforms in the last 
several years that have greatly increased the efficiency of 
these programs. The reforms in H.R. 3036 are intended to build 
on that progress and should not be interpreted to indicate any 
lack of support for that work. In fact, most of the measures 
included in Title II originated from a proposal formally 
submitted to the Congress by the Administration on June 4, 
2003.
    Title II makes numerous changes to DOJ's various grant 
programs many of which are relatively minor. Each of these is 
discussed in the section by section analysis below. The 
discussion in this section will focus on the most significant 
of the changes.

1. Merger of Byrne and LLEBG Programs

    Section 201 merges the current Byrne Grant Program (both 
the formula and discretionary aspects) and the Local Law 
Enforcement Block Grant Programs (LLEBG) into one new Edward 
Byrne Memorial Justice Assistance Grant Program. This will 
allow states and local governments to make one application for 
this money annually for a four-year term.
    The formula for distributing these grants combines elements 
of the current Byrne and LLEBG formulas. For allocating money 
to the states, each state automatically receives 0.25% of the 
total. Of the remaining amount, 50% is divided up among the 
states according to population (the method currently used under 
Byrne) and 50% is divided up based on the violent crime rate 
(the method currently used under LLEBG).
    Each state's allocation is then divided among state and 
locals in the following manner. Sixty percent of the allocation 
goes to the state. Then, that 60% is divided between state and 
locals based on their relative percentages of overall criminal 
justice spending within the state. The state keeps its portion 
of the 60% and gives out the local portion in the state's 
discretion. This follows how Byrne formula grants are now done.
    The remaining 40% of the state's allocation goes directly 
to the local governments from OJP. Each class of local 
governments (e.g., cities, counties, townships, etc.) gets a 
share based on its relative percentage of local criminal 
justice spending within the state. Within each class, the 
class's share is divided up between the local governments in 
that class based on their crime rate. This is similar to how 
LLEBG grants are now done.
    The Committee is continuing to consult with interested 
groups regarding the formula before going to the floor. The 
Committee would like to devise a formula that gives all the 
recipients an amount that is as close to the amount they would 
receive under current law as is possible. If further changes 
are needed to the formula to achieve that result, the Committee 
expects to offer floor amendments towards that end.
    The bill authorizes $1.075 billion for the program which 
represents a 2% increase over the amount appropriated for both 
programs in Fiscal Year 2003. A new feature of the program is 
that states will be allowed to keep grant funds in interest 
bearing accounts until spent and then keep the interest. 
However, all money must be spent during the four-year grant 
period. In addition, the new program consolidates the current 
28 specific purposes for Byrne grants and 9 specific purposes 
for LLEBG grants into 6 broad purposes intended to cover the 
same ground while giving more flexibility to use the grants 
constructively.
    The Committee believes that these reforms will work to give 
state and local governments more flexibility to spend money for 
programs that work for them rather than to impose a ``one size 
fits all'' solution. In addition, the reforms should lessen the 
administrative burden of applying for the grants.

2. Recognition of Public Safety Officers Who Responded to the 9/11 
        Attacks

    In 2001, Congress created a Public Safety Officer Medal of 
Valor. However, the law creating the Medal contemplated that 
only five such medals would be awarded per year. The Committee 
believes that the sacrifice of the public safety officers who 
responded to the terrorist attacks on the United States on 
September 11, 2001 cannot be adequately recognized under the 
current program. Thus, Sec. 203 creates a new congressional 
medal for all of those public safety officers who were killed 
in the attack and it creates a congressional plaque for all 
units that responded to the attack. This program is modeled on 
the congressional medal awarded to veterans of the attack on 
Pearl Harbor. Sec. 1492 of Pub. L. No. 101-510.

3. Authorization of Weed and Seed Program

    In 1991, DOJ established the Executive Office of Weed and 
Seed by administrative action. This program is a community-
based multiagency approach to law enforcement, crime 
prevention, and neighborhood restoration. It has been 
successful, but it has never been permanently authorized. 
Section 211 creates a new Office of Weed and Seed Strategies. 
This office will replace the current Executive Office of Weed 
and Seed, and for the first time, this program will have a 
specific authorization.

4. Overall Management of OJP and COPS

    Despite the laudable progress that the Department has made 
in the last several years, the Committee believes that 
additional measures are needed to instill a culture of 
accountability at OJP and COPS. Accordingly, the bill 
establishes three new offices within OJP: an Office of Audit, 
Assessment, and Management; a Community Capacity Development 
Office; and an Office of Applied Law Enforcement Technology. It 
also contains several other provisions designed to improve the 
management of OJP and COPS.
    Section 248 creates the new Office of Audit, Assessment, 
and Management within OJP. This office is authorized to audit, 
exercise corrective actions with respect to, and manage 
information with respect to, the COPS programs, any grant 
program carried out by OJP, and any other grant program carried 
out by DOJ that the Attorney General considers appropriate. 
This will include establishing and maintaining an automated 
information management system to track all grants. The Office 
of Audit, Assessment, and Management will report directly to 
the Office of the Assistant Attorney General.
    This office will address many of the problems that came to 
light during the Subcommittee's oversight hearings, 
particularly the lack of monitoring and outcome-based 
evaluations of OJP programs. This office will address findings 
by the Department's Inspector General regarding failures to 
adequately review grant applications and undertake more 
aggressive and timely corrective action on audit findings, 
especially with grantees who do not comply with grant terms. A 
strategic objective of the Department of Justice for the Office 
of Justice Programs is to ensure meaningful outcomes, 
appropriate fiscal management, and accountability. This new 
office will help the Department achieve those objectives.
    The new office will audit grants representing 10% of all 
funds awarded by the programs that it covers each year. Not to 
exceed 5% of the funding for each program that the new office 
covers shall be reserved to fund the office.
    Section 249 creates a new Community Capacity Development 
Office within OJP. The Office will report directly to the 
Assistant Attorney General. This office will provide training 
on a regional and local basis to actual and prospective 
participants in the COPS programs, any grant program carried 
out by OJP, and any other grant program carried out by DOJ that 
the Attorney General considers appropriate. The office will 
also identify best practices for grantees and incorporate such 
practices into its training. Not to exceed 5% of the funding 
for each program that the new office covers shall be reserved 
to fund the office.
    Section 250 creates an Office of Applied Law Enforcement 
Technology headed by a Director appointed by the Attorney 
General. This office will ensure that grant moneys provided to 
law enforcement for computer systems will be spent for 
equipment and software that is of good quality and suitable for 
its intended purposes. The Director and the Office will provide 
leadership and focus so that grants that are made for using or 
improving law enforcement computer systems and ensuring that 
recipients of such grants use such systems to participate in 
crime reporting programs administered by the Department. This 
will correct past practice where there has been little or no 
coordination between federal grant funds spent by localities on 
computer systems and the crime reporting programs authorized by 
Congress and administered by the Department of Justice.
    Section 251 provides that unless otherwise specifically 
provided by an authorizing statute, money appropriated for 
grants in fiscal year 2004 and any subsequent fiscal year shall 
remain available to be awarded and distributed to grantees for 
the year appropriated and three subsequent fiscal years. If the 
money is reprogrammed, the time period begins again. It further 
provides that money distributed to grantees must be spent 
within the time period provided by the grant. In either case, 
money not meeting the requirement shall revert to the Treasury. 
This change will provide an incentive to get grant funds spent 
for their intended purposes rather than languishing at OJP or 
at the offices of the grantee.
    Section 252 requires the Assistant Attorney General of the 
Office of Justice Programs to make two significant financial 
management reforms: (1) consolidate all accounting activities 
of OJP into a single financial management system under the 
direct management of the Office of the Comptroller by September 
30, 2010, and (2) consolidate all procurement activities of OJP 
into a single procurement system under the direct management of 
the Office of Administration by September 30, 2007.
    The Assistant Attorney General is required to begin the 
consolidation of accounting activities under the Office of the 
Comptroller and the consolidation of procurement activities 
under the Office of Administration not later than October 1, 
2003. (The Committee recognizes that this date has passed and 
expects to correct this in a floor amendment.) The Office of 
Administration is to begin the consolidation of procurement 
operations and financial management systems into a single 
financial system not later than September 30, 2005.
    The Committee believes that these changes in Sections 248-
52 form one integrated package of management reforms that will 
greatly enhance the efficiency of OJP and COPS and help them to 
achieve their missions.

                 D. TITLE III--MISCELLANEOUS PROVISIONS

    Title III makes a number of miscellaneous technical changes 
to statutes involving the Department. It also makes several 
more substantive changes.
    Section 304 is intended to ensure that the Justice 
Department uses the most cost-effective training and meeting 
facilities for its employees. For any predominantly internal 
training or conference meeting, it requires the Justice 
Department to use only a facility that does not require a 
payment to a private entity for the use of such facility, 
unless specifically authorized in writing by the Attorney 
General. It further requires the Attorney General to prepare an 
annual report to the Chairmen and Ranking Members of the House 
and Senate Judiciary Committees that details each training or 
conference meeting requiring authorization. The report must 
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. The Committee believes that this 
section will limit the practice of renting private facilities 
for Department retreats, conferences, meetings, and the like 
when federal facilities are available for the same purpose.
    Section 305 establishes a statutory privacy officer within 
the Department. It is intended to ensure that the Department 
safeguards personally identifiable information and complies 
with fair information practices pursuant to 5 U.S.C. Sec. 552a. 
The responsibilities of the privacyofficer will include: (1) 
assuring that the Department's use of technologies do not erode privacy 
protections relating to the use, collection, and disclosure of 
personally identifiable information; (2) ensuring that such information 
is handled in full compliance with fair information practices; (3) 
evaluating legislative and regulatory proposals concerning the 
collection, use, and disclosure of such information by the Federal 
government; (4) conducting a privacy impact assessment of the 
Department's proposed rules on the privacy of such information; (5) 
reporting to Congress on the Department's activities that affect 
privacy; (6) ensuring that the Department protects such information and 
its information systems from unauthorized access, use, disclosure, 
disruption, modification, or destruction; and (7) advising the Attorney 
General and Director of the Office of Management and Budget on 
information security and privacy issues pertaining to Federal 
government information systems.
    Section 306 is intended to ensure the United States Trustee 
Program (a component of the Justice Department) actively 
identifies matters warranting criminal referrals and undertakes 
efforts to prevent bankruptcy fraud and abuse. It requires the 
Director of the Executive Office for United States Trustees to 
prepare an annual report to the Congress detailing: (1) the 
number and types of criminal referrals made by the Program; (2) 
the outcomes of each criminal referral; (3) any decrease in the 
number of criminal referrals from the previous year; and (4) 
the Program's efforts to prevent bankruptcy fraud and abuse, 
particularly with respect to a debtor's failure to disclose 
assets.
    Section 307 was added by an amendment offered by 
Representative Schiff and adopted by the Committee. Section 307 
requires the Attorney General to submit an annual report to 
Congress specifying the number of United States persons or 
residents detained on suspicion of terrorism and specifying 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.

                 E. TITLE IV--DNA DATABASE ENHANCEMENT

    Title IV was added by an amendment offered by 
Representative Schiff and adopted by the Committee. It contains 
several provisions relating to enhancing DNA databases.
    First, it amends the DNA Analysis Backlog Elimination Act 
of 2000 to require any state which receives grants under that 
Act to include every person convicted of a violent felony under 
its state law within its DNA database.
    Second, it amends the provisions of the Violent Crime 
Control and Law Enforcement Act of 1994 so that the DNA of 
persons arrested for crimes and the DNA of persons from whom 
DNA samples have been lawfully taken under state law may be 
included in the DNA database authorized under that Act.
    Third, it amends the DNA Analysis Backlog Elimination Act 
of 2000 to require any state which receives grants under that 
Act not to prohibit or limit its law enforcement officers from 
comparing lawfully obtained DNA samples with the information in 
the Combined DNA Index System.
    Finally, it permanently reauthorizes such sums as may be 
necessary to fund the DNA Backlog Grant Programs first 
authorized under the DNA Analysis Backlog Elimination Act of 
2000.

                      F. TITLE V--KOBY MANDELL ACT

    Title V was added by an amendment offered by Representative 
Weiner and adopted by the Committee. It establishes an office 
within 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.
    It requires the President to establish within the 
Department of Justice an office to carry out the following 
activities: (1) create a Bringing Terrorists to Justice program 
that will offer rewards to capture terrorists involved in 
harming American citizens overseas; (2) establish a program to 
provide notification for American victims of overseas terrorism 
or their immediate family to update them on the status of 
efforts to capture the terrorists who harmed them; (3) work 
with other agencies to expand legal restrictions on terrorists 
to reap profits from books or movies concerning their crimes; 
(4) determine if terrorists who have harmed American citizens 
overseas are serving in police or security forces and request 
other agencies involved in providing assistance to those forces 
to halt assistance until such terrorists are removed from their 
positions; (5) undertake an assessment of the pattern of 
indictments of terrorists who have harmed American citizens 
overseas to determine the reasons for the absence of 
indictments in some regions; (6) monitor public actions by 
governments and regimes overseas to honor terrorists who have 
harmed American citizens overseas and encourage other agencies 
to halt their assistance to such governments and regimes; and 
(7) coordinate with other agencies to seek the transfer to 
United States custody of terrorists who have harmed American 
citizens overseas if they are released from the custody of 
other governments. It also authorizes such sums as may be 
necessary to carry out the purposes of Title V for fiscal years 
2003 and subsequent fiscal years and makes amounts appropriated 
under the section available until expended.

                         G. COPS CONSOLIDATION

    At the markup, Members of the Committee agreed in principle 
to consolidate a variety of programs within the COPS office 
into one single grant program encompassing all of the grant 
purposes that these programs currently encompass. As with the 
Byrne-LLEBG merger, this consolidation will allow state and 
local governments more flexibility to spend the money for 
programs that work in their locality while easing the 
administrative burden of applying to a different program for 
each different purpose. The Committee is continuing to work on 
language that will effect this agreement and expects to add it 
as a floor amendment when H.R. 3036 goes to the floor.

                                Hearings

    Following last year's enactment of the ``21st Century 
Department of Justice Authorization of Appropriations Act,'' 
the Judiciary Committee has continued to maintain an active 
role overseeing the Department. No hearings on the introduced 
bill, H.R. 3036, were held in the Committee. However, in 
developing H.R. 3036, the full committee and several 
subcommittees have conducted reauthorization oversight hearings 
over Justice Department components within their respective 
jurisdictions.

1. Full Committee Hearing on the Conduct of the War Against Terrorism

    On June 5, 2003, the Committee on the Judiciary held a 
comprehensive hearing which examined the implementation of the 
USA PATRIOT Act and the Department's ongoing conduct of the war 
against terrorism. Attorney General John Ashcroft was the sole 
witness at the hearing. The hearing reflected the Committee's 
continuing commitment to monitor the implementation of 
antiterrorism legislation, to conduct oversight of the 
Department of Justice, and to ensure that Federal law 
enforcement authorities are provided with the resources to 
effectively assess, prevent, and respond to terrorist threats 
while preserving fundamental liberties. After the hearing, the 
Committee submitted questions to the Attorney General.

2. April 20, 2003 Oversight Letter to Attorney General Ashcroft and May 
        13, 2003 Response

    On April 20, 2003, Chairman Sensenbrenner and Ranking 
Member Conyers submitted a joint oversight letter to the 
Attorney General. The letter requested detailed answers to 
nearly 40 multi-tiered questions pertaining to the USA PATRIOT 
Act, the Attorney General's Investigative Guidelines, the 
conduct of antiterrorism activities, and several additional 
items. The text of the letter may be found at: . On May 13, 2003, 
the Department of Justice provided the Committee with responses 
to these questions. The text of the letter may be found at: 
.

3. Subcommittee on Commercial and Administrative Law

    On April 8, 2003, the Subcommittee on Commercial and 
Administrative Law held a hearing on the ``Reauthorization of 
the United States Department of Justice: Executive Office of 
the United States Attorneys, Civil Division, Environment and 
Natural Resources Division, Executive Office for United States 
Trustees, and Office of Solicitor General.'' The following 
witnesses testified: Hon. Thomas Sansonetti, Assistant Attorney 
General for Environment and Natural Resources; Hon. Stuart 
Schiffer, Deputy Assistant Attorney, General Commercial 
Litigation Section, Civil Division; Hon. Theodore Olson, United 
States Solicitor General; Hon. Guy Lewis, Director of the 
Executive Office for the United States Attorneys.

4. Subcommittee on Crime, Terrorism, and Homeland Security

    On May 6, 2003, the Subcommittee on Crime, Terrorism, and 
Homeland Securityconducted a hearing on ``Reauthorization of 
the U.S. Department of Justice: Bureau of Alcohol, Tobacco, Firearms, 
and Explosives; Federal Bureau of Investigation; and Drug Enforcement 
Administration.'' Witnesses included: Mr. Richard Hankinson, Deputy 
Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives; Mr. 
Pasquale D'Amuro, Executive Assistant Director of Counterterrorism and 
Counterintelligence, Federal Bureau of Investigation; and Mr. Rogelio 
Guevara, Chief of Operations, Drug Enforcement Administration.
    On May 14, 2003, the Subcommittee on Crime, Terrorism, and 
Homeland Security held an additional hearing on 
``Reauthorization of the U.S. Department of Justice: Bureau of 
Prisons; Office of Justice Programs; U.S. Marshals Service; and 
Criminal Division.'' The following witnesses testified at the 
hearing: Hon. Deborah Daniels, Assistant Attorney General, 
Office of Justice Programs; Hon. Harley Lappin, Director, 
Federal Bureau of Prisons; Hon. Benigno Reyna, Director, United 
States Marshals Service; Ms. Julie Meyers, Chief of Staff, 
Criminal Division, Department of Justice.

5. Subcommittee on Immigration, Border Security and Claims

    On May 8, 2003, the Subcommittee on Immigration, Border 
Security, and Claims held a hearing on the ``War on Terrorism: 
Immigration Enforcement Since September 11, 2001.'' The 
following witnesses testified at the hearing: Mr. Kevin Rooney, 
Director, Executive Office for Immigration Review; Mr. Michael 
T. Dougherty, Director of Operations, Bureau of Immigration and 
Customs Enforcement, Department of Homeland Security; Mr. 
Jayson Ahern, Assistant Commissioner, Bureau of Customs and 
Border Inspection, Department of Homeland Security; and Ms. 
Laura Murphy, Director, Washington National Washington, 
American Civil Liberties Union.

6. Subcommittee on the Constitution

    On May 15, 2003, the Subcommittee on the Constitution 
conducted a hearing on ``Reauthorization of the U.S. Department 
of Justice Civil Rights Division.'' Hon. Ralph Boyd, Jr., 
Assistant Attorney General, Civil Rights Division, testified at 
the hearing.

7. Task Force on Antitrust

    On July 24, 2003, the Committee's Task Force on Antitrust 
held an oversight hearing on ``The Antitrust Enforcement 
Agencies: The Antitrust Division of the Department of Justice 
and the Bureau of Competition of the Federal Trade 
Commission.'' The witnesses were: Hon. R. Hewitt Pate, 
Assistant Attorney General, Antitrust Division, and Hon. Tim 
Muris, Chairman, Federal Trade Commission.

8. Joint Hearing With Select Committee on Homeland Security

    On July 22, 2003, the full committee held a joint oversight 
hearing with the Select Committee on Homeland Security on ``The 
Terrorist Threat Integration Center (TTIC) and its Relationship 
with the Departments of Justice and Homeland Security.'' The 
witnesses were: Mr. John O. Brennan, Director, Terrorist Threat 
Integration Center; Mr. Larry Mefford, Executive Assistant 
Director, Counterterrorism and Counterintelligence, Federal 
Bureau of Investigation, U.S. Department of Justice; Mr. Bill 
Parrish, Acting Assistant Secretary for Information Analysis, 
Directorate of Information Analysis and Infrastructure 
Protection, U.S. Department of Homeland Security; and Mr. Jerry 
Berman, President, Center for Democracy and Technology.

                         Committe Consideration

    On September 10, 2003, the Committee met in open session 
and ordered favorably reported the bill H.R. 3036 with an 
amendment by voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the committee consideration of 
H.R. 3036.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3036, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                                  October 22, 2003.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
completed the enclosed cost estimate for H.R. 3036, the 
Department of Justice Appropriations Authorization Act, Fiscal 
Years 2004 through 2006.
    The CBO staff contact for this estimate is Mark Grabowicz.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 3036--Department of Justice Appropriations Authorization Act, 
        Fiscal Years 2004 through 2006

    Summary: H.R. 3036 would authorize the appropriation of 
funds for fiscal years 2004 through 2006 for many programs and 
agencies in the Department of Justice (DOJ), including the 
Federal Bureau of Investigation, the Drug Enforcement 
Administration, the United States Attorneys, and the Bureau of 
Prisons. The bill also would authorize funding for a few 
programs through 2008. Assuming appropriation of the necessary 
amounts, CBO estimates that implementing H.R. 3036 would cost 
almost $57 billion over the 2004-2008 period. Spending by the 
four agencies mentioned above would account for about $38 
billion of that total.
    CBO also estimates that enacting H.R. 3036 would increase 
direct spending by $225 million over the next five years and by 
$450 million over the next 10 years by allowing DOJ to spend 
certain collections that are not available for spending under 
current law. H.R. 3036 would authorize DOJ to retain and spend 
6 percent of federal civil debts that the agency seeks to 
recover on behalf of other federal agencies. Currently, DOJ may 
retain and use 3 percent of such funds. CBO estimates that this 
provision would increase direct spending by about $45 million a 
year.
    H.R. 3036 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would benefit state, local, and tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3036 is shown in the following table. 
The cost of this legislation falls within budget function 750 
(administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
 Spending under current law:
    Budget authority/authorization level \1,\ \2\.........   16,320       25        0        0        0        0
    Estimated outlays.....................................   15,643    3,653    1,210      298      113       86
Proposed changes:
    Estimated authorization level.........................        0   18,271   18,667   19,062    1,216    1,246
    Estimated outlays.....................................        0   13,778   17,105   18,844    4,913    2,310
Spending under H.R. 3036:
    Estimated authorization level.........................   16,320   18,296   18,667   19,062    1,216    1,246
    Estimated outlays.....................................   15,653   17,431   18,315   19,142    5,026    2,396
                                            CHANGES IN DIRECT SPENDING
 Estimated budget authority................................       45       45       45       45       45       45
Estimated outlays.........................................       45       45       45       45       45       45
----------------------------------------------------------------------------------------------------------------
\1\ Appropriations for the programs that would be authorized by the bill summed to $16.3 billion in fiscal year
  2003. A full-year appropriation for 2004 for these programs has not yet been provided.
\2\ Current law authorizes the appropriation of $25 million in 2004 for grants to improve analyses of DNA
  evidence.

    Basis of estimate: CBO estimates that implementing H.R. 
3036 would cost about $57 billion over the next five years 
assuming appropriation of the necessary funds. We also estimate 
that enacting the bill would increase direct spending by $45 
million a year--or $225 million over the next five years and 
$450 million over the next 10 years.

Spending subject to appropriation

    For this estimate, CBO assumes that the amounts 
specifically authorized by the bill will be appropriated near 
the start of each fiscal year and that spending will follow the 
historical spending rates for the authorized activities. We 
expect a few programs to spend additional funds more slowly 
than the historical rates because the bill would authorize 
substantial increases in funding, relative to the amounts 
appropriated for 2003.
    For a few programs, such as the Edward Byrne Memorial 
Justice Assistance grant program, H.R. 3036 would authorize a 
specific appropriation for 2004 and such sums as necessary for 
subsequent years. CBO estimated the necessary funding levels in 
future years by adjusting 2004 funding for anticipated 
inflation.
    Under current law, the Antitrust Division of DOJ is 
authorized to collect premerger filing fees and spend such 
collections without further appropriation action. CBO assumes 
that the amounts authorized to be appropriated in H.R. 3036 for 
the Antitrust Division are in addition to this current spending 
authority.

Direct spending

    Under current law, DOJ seeks to collect civil debts owned 
to federal agencies and is authorized to retain 3 percent of 
such collections to cover its administrative costs. Most of 
these debts are related to fraud against the government, civil 
penalties, and defaulted loans. The agency has retained and 
spent an average of $45 million annually in recent years. H.R. 
3036 would authorize the agency to retain and spend 6 percent 
of funds collected. CBO estimates that, on average, DOJ would 
retain and spend an additional $45 million annually under H.R. 
3036. Because these funds would otherwise be returned to the 
Treasury, this authority would cause an increase in direct 
spending. CBO has no basis to estimate whether this additional 
spending would increase the collection of amounts owed to 
federal agencies.
    Some of the debts that DOJ collects under current law stem 
from obligations of borrowers participating in federal credit 
programs. By authorizing DOJ to retain and spend additional 
funds from such collections, H.R. 3036 would modify the 
expected costs of existing loans and loan guarantees. The 
Federal Credit Reform Act requires that the costs of modifying 
loans and loan guarantees be recorded in the year the 
legislation authorizing such modifications is enacted. Under 
current law, however, DOJ is also authorized to recoup from the 
debtor its own collection costs. Based on information from DOJ, 
CBO expects that the net cost of modifying loan programs under 
the bill would not be significant.
    Estimated impact on state, local, and tribal governments: 
H.R. 3036 contains no intergovernmental mandates as defined in 
UMRA. The bill would extend several matching grant programs for 
state, local, and tribal governments to enhance law enforcement 
and add new requirements to existing grant programs. Any costs 
to those governments would be incurred voluntarily as 
conditions of federal aid.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Mark Grabowicz and 
Lanette J. Walker. Impact on State, Local, and Tribal 
Governments: Melissa Merrell. Impact on the Private Sector: 
Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    In compliance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth the 
following performance goals and objectives. With respect to the 
FBI's participation in the Terrorist Threat Integration Center, 
the Committee expects that the Bureau will remain vigilant 
against any expansion of TTIC into domestic surveillance 
activities.
    With respect to additional funds for the Office of the 
Inspector General, the Committee expects the OIG will use these 
additional funds in fulfilling its duties under Sec. 1001 of 
the USA PATRIOT Act.
    In addition, the Committee expects that OJP and COPS will 
vigorously implement the various reforms contained in sections 
248-52 to bring about greater efficiency and accountability in 
the programs that they administer. The Committee will closely 
follow that implementation to determine whether they are being 
faithfully executed and whether further legislation is 
necessary to foster a culture of accountability.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion


Section 1. Short Title; Table of Contents

    Section 1 provides that the bill may be cited as the 
``Department of Justice Appropriations Authorization Act, 
Fiscal Years 2004 through 2006'' and sets forth the table of 
contents.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS


Section 101. Authorization of Appropriations for Fiscal Year 2004

    Section 101 sets forth specific sums authorized to be 
appropriated to carry out the activities of the Department of 
Justice for Fiscal Year 2004. These sums are set out in 23 
accounts. The numbers generally reflect the President's budget 
requests for the Department of Justice for Fiscal Year 2004. 
The Committee went beyond the Administration's request in one 
respect. The Committee provided for additional funds for the 
Office of the Inspector General. The Committee expects the OIG 
will use these additional funds in fulfilling its duties under 
Sec. 1001 of the USA PATRIOT Act. In addition, the 
authorizations for all three years limit the FBI's 
participation in the Terrorist Threat Integration Center to the 
analysis of intelligence information.

Section 102. Authorization of Appropriations for Fiscal Year 2005

    Section 102 sets forth specific sums authorized to be 
appropriated to carry out the activities of the Department of 
Justice for Fiscal Year 2005. These sums are set out in 23 
accounts. The numbers generally reflect the President's budget 
requests for the Department of Justice for Fiscal Year 2004 
with a 2% inflation adjustment.

Section 103. Authorization of Appropriations for Fiscal Year 2006

    Section 103 sets forth specific sums authorized to be 
appropriated to carry out the activities of the Department of 
Justice for Fiscal Year 2006. These sums are set out in 23 
accounts. The numbers generally reflect the numbers for Fiscal 
Year 2005 in section 102 with a 2% inflation adjustment.

     TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS


  Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies


Section 201. Merger of Byrne Grant and Local Law Enforcement Block 
        Grant Programs

    Section 201 merges the current Byrne Grant Program (both 
formula and discretionary) and the Local Law Enforcement Block 
Grant Programs into one new Edward Byrne Memorial Justice 
Assistance Grant Program. This will allow states and local 
governments to make one application for this money annually for 
a four-year term.
    The formula for distributing these grants combines elements 
of the current Byrne and LLEBG formulas. For allocating money 
to the states, each state automatically receives 0.25% of the 
total. Of the remaining amount, 50% is divided up among the 
states according to population (the method currently used under 
Byrne) and 50% is divided up based on the violent crime rate 
(the method currently used under LLEBG).
    Each state's allocation is then divided among state and 
locals in the following manner. Sixty percent of the allocation 
goes to the state. Then, that 60% is divided between state and 
locals based on their relative percentages of overall criminal 
justice spending within the state. The state keeps its portion 
of the 60% and gives out the local portion in the state's 
discretion. This follows how Byrne formula grants are now done.
    The remaining 40% of the state's allocation goes directly 
to the local governments from OJP. Each class of local 
governments (e.g., cities, counties, townships, etc.) gets a 
share based on its relative percentage of local criminal 
justice spending within the state. Within each class, the 
class's share is divided up between the local governments in 
that class based on their crime rate. This is similar to how 
LLEBG grants are now done.
    The bill authorizes $1.075 billion for the program which 
represents a 2% increase over the amount appropriated for both 
programs in Fiscal Year 2003. A new feature of the program is 
that states will be allowed to keep grant funds in interest 
bearing accounts until spent and then keep the interest. 
However, all money must be spent during the four-year grant 
period. In addition, the new program consolidates the current 
28 specific purposes for Byrne grants and 9 specific purposes 
for LLEBG grants into 6 broad purposes intended to cover the 
same ground while giving more flexibility to use the grants 
constructively.

Section 202. Clarification of Number of Recipients Who May Be Selected 
        in a Given Year To Receive Public Safety Officer Medal of Valor

    Section 202 amends the Public Safety Officer Medal of Valor 
Act of 2001. As enacted, the Act provided that no more than 
five medals may be awarded per year and that they may only be 
awarded to individuals. In some instances, the acts of valor 
are performed by teams of individuals rather than one person. 
To address this problem, Sec. 202 amends the Act to provide 
that the medal may be awarded to groups of individuals as well 
as single individuals.

Section 203. Congressional Medal for Public Safety Officers Who 
        Responded to the Attacks on the United States on September 11, 
        2001

    A second problem with the Public Safety Officer Medal of 
Valor Act is that by limiting the award to five medals per 
year, the Act did not adequately provide for the recognition of 
the numerous public safety officers who responded to the 
attacks on the United States on September 11, 2001. Thus, 
Sec. 203 creates a new congressional medal for all of those 
public safety officers who were killed in the attack, and it 
creates a congressional plaque for all units that responded to 
the attack. This program is modeled on the congressional medal 
awarded to veterans of the attack on Pearl Harbor. Sec. 1492 of 
Pub. L. No. 101-510.

Section 204. Clarification of Official To Be Consulted by Attorney 
        General in Considering Application for Emergency Federal Law 
        Enforcement Assistance

    Section 204 amends the Emergency Federal Law Enforcement 
Assistance program (42 U.S.C. Sec. 10501 et seq.) to clarify 
that in awarding grants under this program the Attorney General 
shall consult with the Assistant Attorney General for the 
Office of Justice Programsrather than the Director of the 
Office of Justice Assistance. This change simply brings the statute 
into conformity with the existing chain of command in the Department.

Section 205. Clarification of Uses for Regional Information Sharing 
        System Grants

    Section 205 amends the authorization for the Regional 
Information Sharing System (42 U.S.C. Sec. 3796h) to clarify 
its regional character and its authority to establish and 
maintain a secure telecommunications backbone.

Section 206. Integrity and Enhancement of National Criminal Record 
        Databases

    Section 206 amends the authorizing statute for the Bureau 
of Justice Statistics (42 U.S.C. Sec. 3732): (1) to clarify 
that the Director shall be responsible for the integrity of 
data and statistics and the prevention of improper or illegal 
use or disclosure; (2) to provide specific authorization for 
the already existing National Criminal History Background Check 
System, the National Incident-Based Reporting System, and the 
records of the National Crime Information Center and to 
facilitate state participation in these systems; and (3) to 
facilitate data-sharing agreements between the Bureau of 
Justice Statistics and other federal agencies.

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


Section 211. Office of Weed and Seed Strategies

    Section 211 creates a new Office of Weed and Seed 
Strategies. This office will replace the current Executive 
Office of Weed and Seed, and for the first time, this program 
will have a specific authorization.

                 Subtitle C--Assisting Victims of Crime


Section 221. Grants to Local Nonprofit Organizations to Improve 
        Outreach Services to Victims of Crime

    Section 221 amends the crime victim assistance grants 
program to allow grants of less than $10,000 to be made to 
smaller neighborhood and community-based victim service 
organizations. Currently, grants under this program tend to go 
to larger organizations, and this amendment simply emphasizes 
that some of the money spent in this program should go to 
smaller organizations as well.

Section 222. Clarification and Enhancement of Certain Authorities 
        Relating to Crime Victims Fund

    Section 222 makes several minor adjustments to the 
authorities relating to the Crime Victims Fund. Subsection 
222(1) clarifies that the fund may only accept gifts, 
donations, or bequests if they do not attach conditions 
inconsistent with applicable laws or regulations and if they do 
not require the expenditure of appropriated funds that are not 
available to the Office of Victims of Crime. Current law 
establishes a $50 million antiterrorism reserve within the 
fund. Each year that reserve may be replenished by using up to 
5% of the money in the fund that was not otherwise expended 
during that year. Subsection 222(2) changes the word 
``expended'' to ``obligated'' so that funds that have already 
been obligated for other purposes, but not yet spent will not 
be counted for this purpose.
    Subsection 222(3) allows the Assistant Attorney General to 
direct the use of the funds available for Indian child abuse 
program grants under 42 U.S.C. Sec. 10601(g) and to use 5% of 
those funds for grants to Indian tribes to establish victim 
assistance programs.

Section 223. Amounts Received Under Crime Victim Grants May Be Used by 
        State for Training Purposes

    Section 223 amends the grant programs for victim 
compensation and victim assistance to allow the states part of 
the 5% reserved for administrative costs for training purposes.

Section 224. Clarification of Authorities Relating to Violence Against 
        Women Formula and Discretionary Grant Programs

    Section 224 makes several clarifications to the program to 
fund grants to combat violent crimes against women. Subsection 
224(a) clarifies that grants may be used for victim services. 
Subsection 224(b) corrects an incorrect section number 
reference in last year's DOJ authorization bill. Subsection 
224(c) clarifies that grants under the program can be made to 
Indian tribal domestic violence coalitions and corrects other 
technical errors and makes conforming changes. Subsection 
224(d) changes the reporting requirement on the program from 
annual to biennial.
    Subsection 224(e) clarifies that state and tribal 
governments may use grant funds under the program to pay for 
forensic medical exams for sexual assault victims so long as 
the victims are not required to seek reimbursement from their 
insurers. It further provides that the victim shall not be 
required to participate in the criminal justice system or 
cooperate with law enforcement in order to be provided with a 
forensic medical exam, reimbursement for such exam, or both. 
Subsection 224(f) makes a technical amendment to the heading 
for this part of the Code.

Section 225. Expansion of Grant Programs Assisting Enforcement of 
        Domestic Violence Cases To Also Assist Enforcement of Sexual 
        Assault Cases

    Section 225 amends the programs to provide grants to 
encourage domestic violence arrest policies and to provide 
assistance for rural domestic violence and child abuse 
enforcement to clarify that such grants can also be used to 
assist enforcement of sexual assault cases.

Section 226. Change of Certain Reports From Annual to Biennial

    Section 226 amends the reporting provisions under two grant 
programs to change them from annual to biennial.

Section 227. Clarification of Recipients and Programs Eligible for 
        Grants Under Rural Domestic Violence and Child Abuse 
        Enforcement Assistance Program

    Under current law, grants under the Rural Domestic Violence 
and Child Abuse Enforcement Assistance Program may go to public 
or private entities of rural states. Section 227 amends this 
language to clarify that the program need not be in the rural 
state so long as it serves a rural state. It also provides a 
specific definition for rural areas and rural communities taken 
from the McKinney-Vento Homeless Assistance Act.

                      Subtitle D--Preventing Crime


Section 231. Clarification of Definition of Violent Offender for 
        Purposes of Juvenile Drug Courts

    Section 231 amends the juvenile drug court grant program so 
that offenders who are convicted of a violent misdemeanor may 
participate in the program. Currently, misdemeanor offenders 
may participate only if their offense is non-violent.

Section 232. Changes to Distribution and Allocation of Grants for Drug 
        Courts

    Section 232(a) repeals the requirement that all states must 
receive a minimum allocation under the program regardless of 
the quality of its application. Section 232(b) provides for 
training by the newly created Community Capacity Development 
Office to assist applicants who are not funded in how to 
successfully pursue grants under the program.

Section 233. Eligibility for Grants Under Drug Court Grants Program 
        Extended to Courts That Supervise Non-Offenders With Substance 
        Abuse Problems

    Section 233 amends the drug court program to allow 
continuing supervision over non-violent offenders as well as 
other related persons who may be before the court. This will 
allow a drug court to consolidate the cases of related 
individuals who may be under its jurisdiction at one time and 
supervise them jointly.

Section 234. Terms of Residential Substance Abuse Treatment Program for 
        Local Facilities

    Section 234 amends the Residential Substance Abuse 
Treatment for State Prisoners program to clarify that the 
grants should go to local correctional facilities and detention 
facilities where prisoners are held long enough to carry out a 
3-month course of drug treatment.

                       Subtitle E--Other Matters


Section 241. Changes to Certain Financial Authorities

    Subsection 241(a) raises from 3 to 6 percent the amount of 
money collected from civil debt collection activities that can 
be credited to the Working Capital Fund established under 28 
U.S.C. Sec. 527.
    Subsection 241(b) exempts the SCAAP program from the 
requirement that it reimburse the Treasury when it makes 
untimely payments. Subsection 241(c) exempts the Southwest 
Border Initiative from that requirement and the requirement 
that it pay interest to states for untimely payments.
    Subsections 241(d) and (e) update certain general law 
enforcement authorities of the Attorney General to include the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Section 242. Coordination Duties of Assistant Attorney General

    Subsection 242(a) amends the authorizing statute for OJP to 
include the Office of Victimsof Crime within the list of OJP 
bureaus. Subsection 242(b) allows the Assistant Attorney General to 
place special conditions on all grants and to determine priority 
purposes for formula grants.

Section 243. Simplification of Compliance Deadlines Under Sex-Offender 
        Registration Laws

    Under current law, states are required to establish state 
registries of offenders who have committed crimes against 
minors or who have committed sexually violent crimes. They are 
also required to share this information with the FBI so that it 
can maintain a national database. States who do not comply by 
the deadline can lose 10% of their Byrne grant funding. Some 
states have made good faith efforts to comply with this 
requirement, but are still struggling to implement it.
    Subsection 243(a) gives these states an additional three 
years after the date of enactment to implement this 
requirement. It further allows the Attorney General to extend 
this deadline for an additional two years if the state is 
making a good faith effort to comply. Subsection 243(b) 
corrects a drafting error in the language relating to the 
provisions relating to the length of registrations required by 
those who have committed offenses against minors and those who 
are sexually violent predators. This correction makes the two 
periods consistent and removes an erroneous implication that 
the period for sexually violent offenders could be terminated 
prematurely.

Section 244. Repeal of Certain Programs

    Section 244 repeals seven grant programs that have been 
authorized, but have largely not been funded in recent years: 
the Criminal Justice Facility Construction Pilot Program; the 
Family Support Program; the Matching Grant Program for School 
Security; the Local Crime Prevention Block Grant Program; the 
Assistance for Delinquent and At-Risk Youth Program; and the 
Improved Training and Technical Automation Program; the Other 
State and Local Aid Program.

Section 245. Elimination of Certain Notice and Hearing Requirements

    Section 245 eliminates the requirement that OJP must 
provide notice and a hearing for grant applicants whose 
applications are denied. It further eliminates the opportunity 
for appellate review of the decisions arising from such 
hearings. These rights are rarely used.

Section 246. Amended Definitions for Purposes of Omnibus Crime Control 
        and Safe Streets Act of 1968

    Section 246 broadens the definition of the term ``Indian 
Tribe'' to allow more tribes to be treated as units of local 
government for purposes of OJP grants. It broadens the 
definition of the term ``combination'' of State and local 
governments to include those who jointly plan. It amends the 
definition of the term ``neighborhood or community-based 
organizations'' to clarify that it includes faith-based 
organizations.

Section 247. Clarification of Authority To Pay Subsistence Payments to 
        Prisoners for Health Care Items and Services

    Under current law, the Attorney General is required to pay 
for health care items and services for certain prisoners in the 
custody of the United States. In every instance, he must not 
pay more than the lesser of what the Medicare or Medicaid 
program would pay. This requires the Attorney General to expend 
a great deal of effort to determine that in each case. This 
subsection changes that to simply say that he shall not pay 
more than the Medicare rate. It also substitutes the Department 
of Homeland Security for a reference to the now defunct 
Immigration and Naturalization Service.

Section 248. Office of Audit, Assessment, and Management

    Section 248 creates a new Office of Audit, Assessment, and 
Management within OJP. This office is authorized to audit, 
exercise corrective actions with respect to, and manage 
information with respect to, the COPS programs, any grant 
program carried out by OJP, and any other grant program carried 
out by DOJ that the Attorney General considers appropriate. 
This will include establishing and maintaining an automated 
information management system to track all grants. The Office 
of Audit, Assessment, and Management will report directly to 
the Office of the Assistant Attorney General.
    This office will be created to address many of the problems 
that came to light during the Subcommittee's oversight 
hearings, particularly the lack of monitoring and outcome-based 
evaluations of OJP programs. This Office will address findings 
by the Department's Inspector General regarding failures to 
adequately review grant applications and conduct more 
aggressive and timely corrective action on audit findings, 
especially with grantees who do not comply with grant terms. A 
strategic objective of the Department of Justice for the Office 
of Justice Programs is to ensure meaningful outcomes, 
appropriate fiscal management, and accountability. This new 
office will help the Department achieve those objectives.
    The new office will audit grants representing 10% of all 
funds awarded by the programs that it covers each year. Not to 
exceed 5% of the funding for each program that the new office 
covers shall be reserved to fund the office.

Section 249. Community Capacity Development Office

    Section 249 creates a new Community Capacity Development 
Office within OJP. This office is authorized to provide 
training on a regional and local basis to actual and 
prospective participants in the COPS programs, any grant 
program carried out by OJP, and any other grant program carried 
out by DOJ that the Attorney General considers appropriate. The 
Office will also identify best practices for grantees and 
incorporate such practices into its training. Not to exceed 5% 
of the funding for each program that the new office covers 
shall be reserved to fund the office.

Section 250. Office of Applied Law Enforcement Technology

    Section 250 creates an Office of Applied Law Enforcement 
Technology headed by a Director appointed by the Attorney 
General. This office will ensure that grant moneys provided to 
law enforcement for computer systems will be spent for 
equipment and software that is of good quality and suitable to 
support. The Director and the office will provide leadership 
and focus so that grants that are made for using or improving 
law enforcement computer systems and ensuring that recipients 
of such grants use such systems to participate in crime 
reporting programs administered by the Department. This will 
correct past practice where there has been little or no 
coordination between federal grant funds spent by localities on 
computer systems and the crime reporting programs authorized by 
Congress and administered by the Department of Justice.

Section 251. Availability of Funds for Grants

    Section 251 provides that unless otherwise specifically 
provided by an authorizing statute, money appropriated for 
grants in fiscal year 2004 and any subsequent fiscal year shall 
remain available to be awarded and distributed to grantees for 
the year appropriated and three subsequent fiscal years. If the 
money is reprogrammed, the time period begins again. It further 
provides that money distributed to grantees must be spent 
within the time period provided by the grant. In either case, 
money not meeting the requirement shall revert to the Treasury. 
This change will provide an incentive to get grant funds spent 
for their intended purposes rather than languishing at OJP or 
at the offices of the grantee.

Section 252. Consolidation of Financial Management Systems of Office of 
        Justice Programs

    Section 252 requires the Assistant Attorney General of the 
Office of Justice Programs to make two significant financial 
management reforms: (1) consolidate all accounting activities 
of OJP into a single financial management system under the 
direct management of the Office of the Comptroller by September 
30, 2010, and (2) consolidate all procurement activities of OJP 
into a single procurement system under the direct management of 
the Office of Administration by September 30, 2007.
    The Assistant Attorney General is required to begin the 
consolidation of accounting activities under the Office of the 
Comptroller and the consolidation of procurement activities 
under the Office of Administration not later than October 1, 
2003. The Office of Administration is to begin the 
consolidation of procurement operations and financial 
management systems into a single financial system not later 
than September 30, 2005.

    TITLE III--MISCELLANEOUS AMENDMENTS TO TITLE 18 AND RELATED LAWS


Section 301. Technical Amendments Relating Public Law 107-56

    Section 301 makes a series of technical amendments to 
Public Law No. 107-56, the USA PATRIOT Act.

Section 302. Miscellaneous Technical Amendments

    Section 302 makes a series of technical amendments to Title 
18 and Title 28, and it also repeals a duplicative 
authorization of a sexual abuse prevention program for runaway 
children which has recently been reauthorized in another 
statute. Sec. 117(b) of Pub. L. No. 108-96.

Section 303. Minor Substantive Amendment Relating to Contents of FBI 
        Annual Report

    Section 303 adds a requirement that the FBI include the 
number of personnel receiving danger pay in its annual report.

Section 304. Use of Federal Training Facilities

    Section 304 is intended to ensure that the Justice 
Department uses the most cost-effective training and meeting 
facilities for its employees. For any predominantly internal 
training or conference meeting, subsection (a) requires the 
Justice Department to use only a facility that does not require 
a payment to a private entity for the use of such facility, 
unless specifically authorized in writing by the Attorney 
General. Subsection (b) requires the Attorney General to 
prepare an annual report to the Chairmen and Ranking Members of 
the House and Senate Judiciary Committees that details each 
training or conference meeting requiring authorization under 
subsection (a). The report must 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.

Section 305. Privacy Officer

    Section 305 is intended to ensure that the Justice 
Department safeguards personally identifiable information and 
complies with fair information practices pursuant to 5 U.S.C. 
Sec. 552a. Subsection (a) requires the Attorney General to 
designate a senior official with primary responsibility for 
privacy policy. Subsection (b) specifies that the 
responsibilities of such official include: (1) assuring that 
the Department's use of technologies do not erode privacy 
protections relating to the use, collection, and disclosure of 
personally identifiable information; (2) ensuring that such 
information is handled in full compliance with fair information 
practices; (3) evaluating legislative and regulatory proposals 
concerning the collection, use, and disclosure of such 
information by the Federal government; (4) conducting a privacy 
impact assessment of the Department's proposed rules on the 
privacy of such information; (5) reporting to Congress on the 
Department's activities that affect privacy; (6) ensuring that 
the Department protects such information and its information 
systems from unauthorized access, use, disclosure, disruption, 
modification, or destruction; and (7) advising the Attorney 
General and Director of the Office of Management and Budget on 
information security and privacy issues pertaining to Federal 
government information systems. Subsection (c) requires the 
Justice Department to review its policies to assure that it 
treats personally identifiable information in its databases in 
a manner that complies with applicable Federal law pertaining 
to privacy.

Section 306. Bankruptcy Crimes

    Section 306 is intended to ensure the United States Trustee 
Program (a component of the Justice Department) actively 
identifies matters warranting criminal referrals and undertakes 
efforts to prevent bankruptcy fraud and abuse. It requires the 
Director of the Executive Office for United States Trustees to 
prepare an annual report to the Congress detailing: (1) the 
number and types of criminal referrals made by the Program; (2) 
the outcomes of each criminal referral; (3) any decrease in the 
number of criminal referrals from the previous year; and (4) 
the Program's efforts to prevent bankruptcy fraud and abuse, 
particularly with respect to a debtor's failure to disclose 
assets.

                    AMENDMENTS ADOPTED AT COMMITTEE

    At the markup of H.R. 3036, the Committee did not make any 
changes to the introduced text of the bill. However, it did 
adopt amendments that added several sections to the bill. Those 
sections are described below.

Section 307. Report to Congress on Status of United States Persons or 
        Residents Detained on Suspicion of Terrorism

    Section 307 was added by an amendment offered by 
Representative Schiff and adopted by the Committee. Section 307 
requires the Attorney General to submit an annual report to 
Congress specifying the number of United States persons or 
residents detained on suspicion of terrorism and specifying 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.

                   TITLE IV--DNA DATABASE ENHANCEMENT

    Title IV was added by an amendment offered by 
Representative Schiff and adopted by the Committee. It contains 
several provisions relating to enhancing DNA databases.

Section 401. Short Title

    Section 401 provides that Title IV may be cited as the 
``DNA Database Enhancement Act.''

Section 402. Inclusion of DNA Samples From All Persons Convicted of 
        Violent Felonies

    Section 402 amends the DNA Analysis Backlog Elimination Act 
of 2000 to require any state which receives grants under that 
Act to include every person convicted of a violent felony under 
its state law within its DNA database.

Section 403. Authorization for States To Upload DNA Samples Collected 
        in a Lawful Manner

    Section 403 amends the provisions of the Violent Crime 
Control and Law Enforcement Act of 1994 so that the DNA of 
persons arrested for crimes and the DNA of persons from whom 
DNA samples have been lawfully taken under state law may be 
included in the DNA database authorized under that Act.

Section 404. Requirement That Law Enforcement Officers Be Able To 
        Compare Collected Samples With National Database

    Section 404 amends the DNA Analysis Backlog Elimination Act 
of 2000 to require any state which receives grants under that 
Act not to prohibit or limit its law enforcement officers from 
comparing lawfully obtained DNA samples with the information in 
the Combined DNA Index System.

Section 405. Reauthorization of DNA Backlog Grant Program

    Section 405 permanently reauthorizes such sums as may be 
necessary to fund the DNA Backlog Grant Programs first 
authorized under the DNA Analysis Backlog Elimination Act of 
2000.

                       TITLE V--KOBY MANDELL ACT

    Title V was added by an amendment offered by Representative 
Weiner and adopted by the Committee. It establishes an office 
within 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.

Section 501. Short Title

    Section 501 provides that Title V may be cited as the 
``Koby Mandell Act of 2003.''

Section 502. Findings

    Section 502 sets forth congressional findings with respect 
to the provisions of Title V.

Section 503. Establishment of an Office Within 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

    Section 503 requires the President to establish within the 
Department of Justice an office to carry out the following 
activities: (1) create a Bringing Terrorists to Justice program 
that will offer rewards to capture terrorists involved in 
harming American citizens overseas; (2) establish a program to 
provide notification for American victims of overseas terrorism 
or their immediate family to update them on the status of 
efforts to capture the terrorists who harmed them; (3) work 
with other agencies to expand legal restrictions on terrorists 
to reap profits from books or movies concerning their crimes; 
(4) determine if terrorists who have harmed American citizens 
overseas are serving in police or security forces and request 
other agencies involved in providing assistance to those forces 
to halt assistance until such terrorists are removed from their 
positions; (5) undertake an assessment of the pattern of 
indictments of terrorists who have harmed American citizens 
overseas to determine the reasons for the absence of 
indictments in some regions; (6) monitor public actions by 
governments and regimes overseas to honor terrorists who have 
harmed American citizens overseas and encourage other agencies 
to halt their assistance to such governments and regimes; and 
(7) coordinate with other agencies to seek the transfer to 
United States custody of terrorists who have harmed American 
citizens overseas if they are released from the custody of 
other governments.

Section 504. Authorization of Appropriations

    Section 504 authorizes such sums as may be necessary to 
carry out the purposes of Title V for fiscal years 2003 and 
subsequent fiscal years and makes amounts appropriated under 
the section available until expended.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968




           *       *       *       *       *       *       *
                  TITLE I--JUSTICE SYSTEM IMPROVEMENT


Part A--Office of Justice Programs

           *       *       *       *       *       *       *



           duties and functions of assistant attorney general

  Sec. 102. (a) The Assistant Attorney General shall--
          (1) * * *

           *       *       *       *       *       *       *

          (5) coordinate and provide staff support to 
        coordinate the activities of the Office and the Bureau 
        of Justice Assistance, the National Institute of 
        Justice, the Bureau of Justice Statistics,  the Office 
        for Victims of Crime, and the Office of Juvenile 
        Justice and Delinquency Prevention; and
          (6) exercise such other powers and functions as may 
        be vested in the Assistant Attorney General pursuant to 
        this title or by delegation of the Attorney General, 
        including placing special conditions on all grants, and 
        determining priority purposes for formula grants.

           *       *       *       *       *       *       *


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 
                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.

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.
          (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.

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.
          (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 Office of Justice Programs, 
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 
Office of Justice Programs, 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.

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.

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 paragraph 
        (2). 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.
  (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.

           *       *       *       *       *       *       *


                  Part C--Bureau of Justice Statistics

                  establishment, duties, and functions

  Sec. 302. (a)  * * *
  (b) The Bureau shall be headed by a Director appointed by the 
President, by and with the advice and consent of the Senate. 
The Director shall have had experience in statistical programs. 
The Director shall have final authority for all grants, 
cooperative agreements, and contracts awarded by the Bureau. 
The Director shall be responsible for the integrity of data and 
statistics and shall protect against improper or illegal use or 
disclosure. The Director shall report to the Attorney General 
through the Assistant Attorney General. The Director shall not 
engage in any other employment than that of serving as 
Director; nor shall the Director hold any office in, or act in 
any capacity for, any organization, agency, or institution with 
which the Bureau makes any contract or other arrangement under 
this Act.
  (c) The Bureau is authorized to--
          (1)  * * *

           *       *       *       *       *       *       *

          [(19) provide for research and improvements in the 
        accuracy, completeness, and inclusiveness of criminal 
        history record information, information systems, arrest 
        warrant, and stolen vehicle record information and 
        information systems and support research concerning the 
        accuracy, completeness, and inclusiveness of other 
        criminal justice record information;]
          (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;

           *       *       *       *       *       *       *

  (d) To insure that all justice statistical collection, 
analysis, and dissemination is carried out in a coordinated 
manner, the Director is authorized to--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) seek the cooperation of the judicial branch of 
        the Federal Government in gathering data from criminal 
        justice records; [and]
          (5) encourage replication, coordination and sharing 
        among justice agencies regarding information systems, 
        information policy, and data[.]; and
          (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.

           *       *       *       *       *       *       *


                              USE OF DATA

  Sec. 304. Data collected by the Bureau shall be used only for 
statistical or research purposes, and shall be gathered in a 
manner that precludes their use for law enforcement or any 
purpose relating to a [particular individual] private person or 
public agency other than statistical or research purposes.

           *       *       *       *       *       *       *


          Part E--Bureau of Justice Assistance Grant Programs

                           [NAME OF PROGRAMS

  [Sec. 500. The grant programs established under this part 
shall be known as the ``Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs''.

     [Subpart 1--Drug Control and System Improvement Grant Program

 [DESCRIPTION OF THE DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM

  [Sec. 501. (a) It is the purpose of this subpart to assist 
States and units of local government in carrying out specific 
programs which offer a high probability of improving the 
functioning of the criminal justice system, with special 
emphasis on a nationwide and multilevel drug control strategy 
by developing programs and projects to assist 
multijurisdictional and multi-State organizations in the drug 
control problem and to support national drug control 
priorities.
  [(b) The Director of the Bureau of Justice Assistance 
(hereafter in this part referred to as the ``Director'') is 
authorized to make grants to States, for the use by States and 
units of local government in the States, for the purpose of 
enforcing State and local laws that establish offenses similar 
to offenses established in the Controlled Substances Act (21 
U.S.C. 801 et seq.) and to improve the functioning of the 
criminal justice system with emphasis on violent crime and 
serious offenders. Such grants shall provide additional 
personnel, equipment, training, technical assistance, and 
information systems for the more widespread apprehension, 
prosecution, adjudication, and detention and rehabilitation of 
persons who violate these laws, and to assist the victims of 
such crimes (other than compensation), including--
          [(1) demand reduction education programs in which law 
        enforcement officers participate;
          [(2) multijurisdictional task force programs that 
        integrate Federal, State, and local drug law 
        enforcement agencies and prosecutors for the purpose of 
        enhancing interagency coordination, intelligence, and 
        facilitating multijurisdictional investigations;
          [(3) programs designed to target the domestic sources 
        of controlled and illegal substances, such as precursor 
        chemicals, diverted pharmaceuticals, clandestine 
        laboratories, and cannabis cultivations and to remove 
        any hazardous substance or pollutant or contaminant 
        associated with the illegal manufacture of amphetamine 
        or methamphetamine;
          [(4) providing community and neighborhood programs 
        that assist citizens in preventing and controlling 
        crime, including special programs that address the 
        problems of crimes committed against the elderly and 
        special programs for rural jurisdictions;
          [(5) disrupting illicit commerce in stolen goods and 
        property;
          [(6) improving the investigation and prosecution of 
        white-collar crime, organized crime, public corruption 
        crimes, and fraud against the government with priority 
        attention to cases involving drug-related official 
        corruption;
          [(7)(A) improving the operational effectiveness of 
        law enforcement through the use of crime analysis 
        techniques, street sales enforcement, schoolyard 
        violator programs, gang-related and low-income housing 
        drug control programs;
          [(B) developing and implementing antiterrorism plans 
        for deep draft ports, international airports, and other 
        important facilities;
          [(8) career criminal prosecution programs including 
        the development of proposed model drug control 
        legislation;
          [(9) financial investigative programs that target the 
        identification of money laundering operations and 
        assets obtained through illegal drug trafficking, 
        including the development of proposed model 
        legislation, financial investigative training, and 
        financial information sharing systems;
          [(10) improving the operational effectiveness of the 
        court process, by expanding prosecutorial, defender and 
        judicial resources, and implementing court delay 
        reduction programs;
          [(11) programs designed to provide additional public 
        correctional resources and improve the corrections 
        system, including treatment in prisons and jails, 
        intensive supervision programs, and long-range 
        corrections and sentencing strategies;
          [(12) providing prison industry projects designed to 
        place inmates in a realistic working and training 
        environment which will enable them to acquire 
        marketable skills and to make financial payments for 
        restitution to their victims, for support of their own 
        families, and for support of themselves in the 
        institution;
          [(13) providing programs which identify and meet the 
        treatment needs of adult and juvenile drug-dependent 
        and alcohol-dependent offenders;
          [(14) developing and implementing programs which 
        provide assistance to jurors and witnesses, and 
        assistance (other than compensation) to victims of 
        crimes;
          [(15)(A) developing programs to improve drug control 
        technology, such as pretrial drug testing programs, 
        programs which provide for the identification, 
        assessment, referral to treatment, case management and 
        monitoring of drug dependent offenders, enhancement of 
        State and local forensic laboratories, and
          [(B) criminal and justice information systems to 
        assist law enforcement, prosecution, courts, and 
        corrections organization (including automated 
        fingerprint identification systems);
          [(16) innovative programs that demonstrate new and 
        different approaches to enforcement, prosecution, and 
        adjudication of drug offenses and other serious crimes;
          [(17) addressing the problems of drug trafficking and 
        the illegal manufacture of controlled substances in 
        public housing.
          [(18) improving the criminal and juvenile justice 
        system's response to domestic and family violence, 
        including spouse abuse, child abuse, and abuse of the 
        elderly;
          [(19) drug control evaluation programs which the 
        State and local units of government may utilize to 
        evaluate programs and projects directed at State drug 
        control activities;
          [(20) providing alternatives to prevent detention, 
        jail, and prison for persons who pose no danger to the 
        community;
          [(21) programs of which the primary goal is to 
        strengthen urban enforcement and prosecution efforts 
        targeted at street drug sales;
          [(22) programs for the prosecution of driving while 
        intoxicated charges and the enforcement of other laws 
        relating to alcohol use and the operation of motor 
        vehicles;
          [(23) programs that address the need for effective 
        bindover systems for the prosecution of violent 16- and 
        17-year-old juveniles in courts with jurisdiction over 
        adults for the crimes of--
                  [(A) murder in the first degree;
                  [(B) murder in the second degree;
                  [(C) attempted murder;
                  [(D) armed robbery when armed with a firearm;
                  [(E) aggravated battery or assault when armed 
                with a firearm;
                  [(F) criminal sexual penetration when armed 
                with a firearm; and
                  [(G) drive-by shootings as described in 
                section 36 of title 18, United States Code;
          [(24) law enforcement and prevention programs 
        relating to gangs, or to youth who are involved or at 
        risk of involvement in gangs;
          [(25) developing or improving in a forensic 
        laboratory a capability to analyze deoxyribonucleic 
        acid (hereinafter in this title referred to as ``DNA'') 
        for identification purposes;
          [(26) to develop and implement antiterrorism training 
        programs and to procure equipment for use by local law 
        enforcement authorities;
          [(27) enforcing child abuse and neglect laws, 
        including laws protecting against child sexual abuse, 
        and promoting programs designed to prevent child abuse 
        and neglect; and
          [(28) establishing or supporting cooperative programs 
        between law enforcement and media organizations, to 
        collect, record, retain, and disseminate information 
        useful in the identification and apprehension of 
        suspected criminal offenders.
  [(27) improving the quality, timeliness, and credibility of 
forensic science services for criminal justice purposes.
  [(c) Each program funded under this section shall contain an 
evaluation component, developed pursuant to guidelines 
established by the National Institute of Justice, in 
consultation with the Bureau of Justice Assistance. The 
Director of the Bureau of Justice Assistance may waive this 
requirement when in the opinion of the Director--
          [(1) the program is not of sufficient size to justify 
        a full evaluation report; or
          [(2) the program is designed primarily to provide 
        material resources and supplies, such as laboratory 
        equipment, that would not justify a full evaluation 
        report.

                              [ELIGIBILITY

  [Sec. 502. The Bureau is authorized to make financial 
assistance under this subpart available to a State to enable it 
to carry out all or a substantial part of a program or project 
submitted and approved in accordance with the provisions of 
this subpart.

                          [STATE APPLICATIONS

  [Sec. 503. (a) To request a grant under this subpart, the 
chief executive officer of a State shall submit an application 
within 60 days after the Bureau has promulgated regulations 
under this section, and for each subsequent year, within 60 
days after the date that appropriations for this part are 
enacted, in such form as the Director may require. Such 
application shall include the following:
          [(1) A statewide strategy for drug and violent crime 
        control programs which improve the functioning of the 
        criminal justice system, with an emphasis on drug 
        trafficking, violent crime, and serious offenders. The 
        strategy shall be prepared after consultation with 
        State and local officials with emphasis on those whose 
        duty it is to enforce drug and criminal laws and direct 
        the administration of justice and shall contain--
                  [(A) a definition and analysis of the drug 
                and violent crime problem in the State, and an 
                analysis of the problems in each of the 
                counties and municipalities with major drug and 
                violent crime problems;
                  [(B) an assessment of the criminal justice 
                resources being devoted to crime and drug 
                control programs at the time of the 
                application;
                  [(C) coordination requirements;
                  [(D) resource needs;
                  [(E) the establishment of statewide 
                priorities for crime and drug control 
                activities and programs;
                  [(F) an analysis of the relationship of the 
                proposed State efforts to the national drug 
                control strategy; and
                  [(G) a plan for coordinating the programs to 
                be funded under this part with other federally 
                funded programs, including State and local drug 
                abuse education, treatment, and prevention 
                programs.
          [(2) A certification that Federal funds made 
        available under the formula grant of 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.
          [(3) A certification that funds required to pay the 
        non-Federal portion of the cost of each program and 
        project for which such grant is made shall be in 
        addition to funds that would otherwise be made 
        available for law enforcement by the recipients of 
        grant funds.
          [(4) An assurance that the State application 
        described in this section, and any amendment to such 
        application, has been submitted for review to the State 
        legislature or its designated body (for purposes of 
        this section, such application or amendment shall be 
        deemed to be reviewed if the State legislature or such 
        body does not review such application or amendment 
        within the 30-day period beginning on the date such 
        application or amendment is so submitted).
          [(5) An assurance that the State application and any 
        amendment thereto was made public before submission to 
        the Bureau and, to the extent provided under State law 
        or established procedure, an opportunity to comment 
        thereon was provided to citizens and to neighborhood 
        and community groups.
          [(6) An assurance that following the first fiscal 
        year covered by an application and for each fiscal year 
        thereafter, a performance evaluation and assessment 
        report concerning the activities carried out pursuant 
        to this section will be submitted to the Bureau.
          [(7) A provision for fund accounting, auditing, 
        monitoring, and such evaluation procedures as may be 
        necessary to keep such records that the Bureau shall 
        prescribe to assure fiscal control, proper management, 
        and efficient disbursement of funds reviewed under this 
        section.
          [(8) An assurance that the applicant shall maintain 
        such data and information and submit such reports in 
        such form, at such times, and containing such data and 
        information as the Bureau may reasonably require to 
        administer other provisions of this subpart.
          [(9) A certification that its programs meet all the 
        requirements of this section, that all the information 
        contained in the application is correct, that there has 
        been appropriate coordination with affected agencies, 
        and that the applicant will comply with all provisions 
        of this subpart and all other applicable Federal laws. 
        Such certification shall be made in a form acceptable 
        to the Bureau and shall be executed by the chief 
        executive or such other officer of the applicant 
        qualified under regulations promulgated by the Office.
          [(10) A certification that the State is undertaking 
        initiatives to reduce, through the enactment of 
        innovative penalties or increasing law enforcement 
        efforts, the demand for controlled substances by 
        holding accountable those who unlawfully possess or use 
        such substances.
          [(11) An assurance that the State has established a 
        plan under which the State will provide without fee to 
        the Immigration and Naturalization Service, within 30 
        days of the date of their conviction, the certified 
        records of conviction of aliens who have been convicted 
        of violating the criminal laws of the State.
          [(12) If any part of funds received from a grant made 
        under this part is to be used to develop or improve a 
        DNA analysis capability in a forensic laboratory, a 
        certification that--
                  [(A) DNA analyses performed at such 
                laboratory will satisfy or exceed then current 
                standards for a quality assurance program for 
                DNA analysis, issued by the Director of the 
                Federal Bureau of Investigation under section 
                210303 of the DNA Identification Act of 1994;
                  [(B) DNA samples obtained by, and DNA 
                analyses performed at, such laboratory will be 
                accessible only--
                          [(i) to criminal justice agencies for 
                        law enforcement identification 
                        purposes;
                          [(ii) in judicial proceedings, if 
                        otherwise admissible pursuant to 
                        applicable statutes or rules;
                          [(iii) for criminal defense purposes, 
                        to a defendant, who shall have access 
                        to samples and analyses performed in 
                        connection with the case in which such 
                        defendant is charged; or
                          [(iv) if personally identifiable 
                        information is removed, for a 
                        population statistics database, for 
                        identification research and protocol 
                        development purposes, or for quality 
                        control purposes; and
                  [(C) such laboratory, and each analyst 
                performing DNA analyses at such laboratory, 
                will undergo semiannual external proficiency 
                testing by a DNA proficiency testing program 
                meeting the standards issued under section 
                210303 of the DNA Identification Act of 1994.
  [(13) If any part of the amount received from a grant under 
this part is to be used to improve the quality, timeliness, and 
credibility of forensic science services for criminal justice 
purposes, a certification that, as of the date of enactment of 
this paragraph, the State, or unit of local government within 
the State, has an established--
          [(A) forensic science laboratory or forensic science 
        laboratory system, that--
                  [(i) employs 1 or more full-time scientists--
                          [(I) whose principal duties are the 
                        examination of physical evidence for 
                        law enforcement agencies in criminal 
                        matters; and
                          [(II) who provide testimony with 
                        respect to such physical evidence to 
                        the criminal justice system;
                  [(ii) employs generally accepted practices 
                and procedures, as established by appropriate 
                accrediting organizations; and
                  [(iii) is accredited by the Laboratory 
                Accreditation Board of the American Society of 
                Crime Laboratory Directors, the National 
                Association of Medical Examiners, or any other 
                nonprofit, professional organization that may 
                be recognized within the forensic science 
                community as competent to award such 
                accreditation, or will use a portion of the 
                grant amount to prepare and apply for such 
                accreditation by not later than 2 years after 
                the date on which a grant is initially awarded 
                under this paragraph; or
          [(B) medical examiner's office (as defined by the 
        National Association of Medical Examiners) that--
                  [(i) employs generally accepted practices and 
                procedures, as established by appropriate 
                accrediting organizations; and
                  [(ii) is accredited by the Laboratory 
                Accreditation Board of the American Society of 
                Crime Laboratory Directors or the National 
                Association of Medical Examiners, or will use a 
                portion of the grant amount to prepare and 
                apply for such accreditation by not later than 
                2 years after the date on which a grant is 
                initially awarded under this paragraph.
  [(b) Within 30 days after the date of enactment of this part, 
the Director shall promulgate regulations to implement this 
section (including the information that must be included and 
the requirements that the States must meet) in submitting the 
applications required under this section.

                           [GRANT LIMITATIONS

  [Sec. 504. (a) A grant made under this subpart may not--
          [(1) for fiscal year 1991 appropriations be expended 
        for more than 75 per centum; and
          [(2) for any subsequent fiscal year appropriations be 
        expended for more than 75 per centum;
of the cost of the identified uses for which such grant is 
received to carry out any purpose specified in section 501(b), 
except that in the case of funds distributed to an Indian tribe 
which performs law enforcement functions (as determined by the 
Secretary of the Interior) for any such program or project, the 
amount of such grant shall be equal to 100 percent of such 
cost. The non-Federal portion of the expenditures for such uses 
shall be paid in cash.
  [(b) Not more than 10 percent of a grant made to an eligible 
State under section 506 may be used for costs incurred to 
administer such grant.
  [(c) States and units of local government or combinations 
thereof are authorized to use a grant made under section 506 
for the expenses associated with participation in the State and 
Local Task Force Program established by the Drug Enforcement 
Administration.
  [(d) States and local units of government are authorized to 
use a grant made under section 506 for the expenses associated 
with conducting the evaluations required under section 501(c) 
of this part.
  [(e) The non-Federal portion of the cost of such program or 
project shall be in cash. State and local units of government 
may use cash received under the equitable sharing program to 
cover the non-Federal portion of the costs of programs funded 
under section 506.
  [(f) Except for grants awarded to State and local governments 
for the purpose of participating in multijurisdictional drug 
task forces victims assistance programs, or multijurisdictional 
gang task forces, no funds may be awarded under this subpart to 
a grant recipient for a program or project for which funds have 
been awarded under this title for 4 years (in the aggregate), 
including any period occurring before the effective date of 
this subsection.

                     [REVIEW OF STATE APPLICATIONS

  [Sec. 505. (a) The Bureau shall provide financial assistance 
to each State applicant under this subpart to carry out the 
programs or projects submitted by such applicant upon 
determining that--
          [(1) the application or amendment thereto is 
        consistent with the requirements of this subpart; and
          [(2) before the approval of the application and any 
        amendment thereto the Bureau has made an affirmative 
        finding in writing that the program or project has been 
        reviewed in accordance with this subpart.
  [(b) Each application or amendment made and submitted for 
approval to the Bureau pursuant to section 503 shall be deemed 
approved, in whole or in part, by the Bureau not later than 45 
days after first received unless the Bureau informs the 
applicant of specific reasons for disapproval.
  [(c) Grant funds awarded under this subpart shall not be used 
for land acquisition or construction projects, other than penal 
and correctional institutions.
  [(d) The Bureau shall not finally disapprove any application, 
or any amendment thereto, submitted to the Director under this 
section without first affording the applicant reasonable notice 
and opportunity for reconsideration.

       [ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS

  [Sec. 506. (a) Subject to subsection (f), of the total amount 
appropriated for this part in any fiscal year, the amount 
remaining after setting aside the amount to be reserved to 
carry out section 511 of this title shall be set aside for 
section 502 and allocated to States as follows:
          [(1) 0.4 percent shall be allocated to each of the 
        States; and
          [(2) of the total funds remaining after the 
        allocation under paragraph (1), there shall be 
        allocated to each State an amount which bears the same 
        ratio to the amount of remaining funds described in 
        this paragraph as the population of such State bears to 
        the population of all the States.
  [(b)(1) Each State which receives funds under subsection (a) 
of this section in a fiscal year shall distribute among units 
of local government, or combinations of units of local 
government, in such State for the purposes specified in section 
501(b) that portion of such funds which bears the same ratio to 
the aggregate amount of such funds as the amount of funds 
expended by all units of local government for criminal justice 
in the preceding fiscal year bears to the aggregate amount of 
funds expended by the State and all units of local government 
in such State for criminal justice in such preceding fiscal 
year.
  [(2) In distributing funds received under this part among 
urban, rural, and suburban units of local government and 
combinations thereof, the State shall give priority to those 
jurisdictions with the greatest need.
  [(3) Any funds not distributed to units of local government 
under paragraph (2) shall be available for expenditure by the 
State involved.
  [(4) For purposes of determining the distribution of funds 
under paragraphs (1) and (2), the most accurate and complete 
data available for the fiscal year involved shall be used. If 
data for such fiscal year are not available, then the most 
accurate and complete data available for the most recent fiscal 
year preceding such fiscal year shall be used.
  [(c) No funds allocated to a State under subsection (a) or 
received by a State for distribution under subsection (b) may 
be distributed by the Director or by the State involved for any 
program other than a program contained in an approved 
application.
  [(d) If the Director determines, on the basis of information 
available during any fiscal year, that a portion of the funds 
allocated to a State for that fiscal year will not be required 
or that a State will be unable to qualify or receive funds 
under section 502, or that a State chooses not to participate 
in the program established under such section, then such 
portion shall be awarded by the Director to urban, rural, and 
suburban units of local government or combinations thereof 
within such State giving priority to those jurisdictions with 
greatest need.
  [(e) Any funds allocated under subsection (a) or (f) that are 
not distributed under this section shall be available for 
obligation under subpart 2.
  [(f)(1) For any fiscal year beginning more than 2 years after 
the effective date of this subsection--
          [(A) 90 percent of the funds allocated under 
        subsection (a) without regard to this subsection to a 
        State described in paragraph (2) shall be distributed 
        by the Director to such State; and
          [(B) 10 percent of such funds shall be allocated 
        equally among States that are not affected by the 
        operation of subparagraph (A).
  [(2) Paragraph (1)(A) refers to a State that does not have in 
effect, and does not enforce, in such fiscal year, a law that 
requires the State at the request of the victim of a sexual 
act--
          [(A) to administer, to the defendant convicted under 
        State law of such sexual act, a test to detect in such 
        defendant the presence of the etiologic agent for 
        acquired immune deficiency syndrome;
          [(B) to disclose the results of such test to such 
        defendant and to the victim of such sexual act; and
          [(C) to provide to the victim of such sexual act 
        counseling regarding HIV disease, HIV testing, in 
        accordance with applicable law, and referral for 
        appropriate health care and support services.
  [(3) For purposes of this subsection--
          [(A) the term ``convicted'' includes adjudicated 
        under juvenile proceedings; and
          [(B) the term ``sexual act'' has the meaning given 
        such term in subparagraph (A) or (B) of section 2245(1) 
        of title 18, United States Code.

                             [STATE OFFICE

  [Sec. 507. (a) The chief executive of each participating 
State shall designate a State office for purposes of--
          [(1) preparing an application to obtain funds under 
        section 503;
          [(2) administering funds received under such section 
        from the Director, including receipt, review, 
        processing, monitoring, progress and financial report 
        review, technical assistance, grant adjustments, 
        accounting, auditing and fund disbursements; and
          [(3) coordinating the distribution of funds provided 
        under this part with State agencies receiving Federal 
        funds for drug abuse education, prevention, treatment, 
        and research activities and programs.
  [(b) An office or agency performing other functions within 
the executive branch of a State may be designated to carry out 
the functions specified in subsection (a).

              [DISTRIBUTION OF GRANTS TO LOCAL GOVERNMENT

  [Sec. 508. (a) Each application made by a local unit of 
government, or a combination of units of local government, to a 
State for funds under this subchapter shall be deemed approved, 
in whole or in part, by the State not later than 45 days after 
first received unless the State informs the applicant in 
writing of specific reasons for disapproval. The State shall 
not finally disapprove any application submitted to the State 
without first affording the applicant reasonable notice and 
opportunity for reconsideration.
  [(b) Each State which receives funds under section 506 in a 
fiscal year shall make such funds available to local units of 
government, or combinations thereof, whose application has been 
submitted to, approved and awarded by the State, within 45 days 
after the Bureau has approved the State application and has 
made funds available to such State. The Director shall have the 
authority to waive the 45-day requirement in this section upon 
a finding that the State cannot satisfy that requirement 
consistent with State statutes.

                [IMPROVEMENT OF CRIMINAL JUSTICE RECORDS

  [Sec. 509. (a) Subject to subsection (d), each State which 
receives funds under section 506 in a fiscal year shall 
allocate not less than 5 percent of such funds to the 
improvement of criminal justice records.
  [(b) The improvement referred to in subsection (a) shall 
include--
          [(1) the completion of criminal histories to include 
        the final dispositions of all arrests for felony 
        offenses;
          [(2) the full automation of all criminal justice 
        histories and fingerprint records;
          [(3) the frequency and quality of criminal history 
        reports to the Federal Bureau of Investigation; and
          [(4) the improvement of State record systems and the 
        sharing with the Attorney General of all of the records 
        described in paragraphs (1), (2), and (3) of this 
        subsection and the records required by the Attorney 
        General under section 103 of the Brady Handgun Violence 
        Prevention Act, for the purpose of implementing that 
        Act.
          [(4) the improvement of State record systems and the 
        sharing of all of the records described in paragraphs 
        (1), (2), and (3) and the child abuse crime records 
        required under the National Child Protection Act of 
        1993 with the Attorney General for the purpose of 
        implementing the National Child Protection Act of 1993.
  [(c) The Director, in consultation with the Director of the 
Bureau of Justice Statistics, shall establish guidelines for 
the fulfillment of the requirements specified in subsections 
(a) and (b) of this section.
  [(d) In accordance with such guidelines as the Director shall 
issue and on the request of a State, the Director may--
          [(1) waive compliance with subsection (a) by such 
        State; or
          [(2) authorize such State to reduce the minimum 
        amount such State is required to allocate under 
        subsection (a);
if the Director, in the discretion of the Director, finds that 
the quality of the State's criminal justice records does not 
warrant expending the amount allocated under subsection (a).]

   Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program

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).

SEC. 501. DESCRIPTION.

  (a) Grants Authorized.--From amounts made available to carry 
out this subpart, the Attorney General may, in accordance with 
the formula established under section 505, make grants to 
States and units of local government, for use by the State or 
unit of local government to provide additional personnel, 
equipment, supplies, contractual support, training, technical 
assistance, and information systems for criminal justice, 
including for any one or more of the following programs:
          (1) Law enforcement programs.
          (2) Prosecution and court programs.
          (3) Prevention and education programs.
          (4) Corrections and community corrections programs.
          (5) Drug treatment programs.
          (6) Planning, evaluation, and technology improvement 
        programs.
  (b) Contracts and Subawards.--A State or unit of local 
government may, in using a grant under this subpart for 
purposes authorized by subsection (a), use all or a portion of 
that grant to contract with or make one or more subawards to 
one or more--
          (1) neighborhood or community-based organizations 
        that are private and nonprofit;
          (2) units of local government; or
          (3) tribal governments.
  (c) Program Assessment Component; Waiver.--
          (1) Each program funded under this subpart shall 
        contain a program assessment component, developed 
        pursuant to guidelines established by the Attorney 
        General, in coordination with the National Institute of 
        Justice.
          (2) The Attorney General may waive the requirement of 
        paragraph (1) with respect to a program if, in the 
        opinion of the Attorney General, the program is not of 
        sufficient size to justify a full program assessment.
  (d) Prohibited Uses.--Notwithstanding any other provision of 
this Act, no funds provided under this subpart may be used, 
directly or indirectly, to provide any of the following 
matters:
          (1) Any security enhancements or any equipment to any 
        nongovernmental entity that is not engaged in criminal 
        justice or public safety.
          (2) Unless the Attorney General certifies that 
        extraordinary and exigent circumstances exist that make 
        the use of such funds to provide such matters essential 
        to the maintenance of public safety and good order--
                  (A) vehicles, vessels, or aircraft;
                  (B) luxury items;
                  (C) real estate;
                  (D) construction projects (other than penal 
                or correctional institutions); or
                  (E) any similar matters.
  (e) Administrative Costs.--Not more than 10 percent of a 
grant made under this subpart may be used for costs incurred to 
administer such grant.
  (f) Period.--The period of a grant made under this subpart 
shall be four years, except that renewals and extensions beyond 
that period may be granted at the discretion of the Attorney 
General.
  (g) Rule of Construction.--Subparagraph (d)(1) shall not be 
construed to prohibit the use, directly or indirectly, of funds 
provided under this subpart to provide security at a public 
event, such as a political convention or major sports event, so 
long as such security is provided under applicable laws and 
procedures.

SEC. 502. APPLICATIONS.

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

SEC. 503. REVIEW OF APPLICATIONS.

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

SEC. 504. RULES.

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

SEC. 505. FORMULA.

  (a) Allocation Among States.--
          (1) In general.--Of the total amount appropriated for 
        this subpart, the Attorney General shall allocate--
                  (A) 50 percent of such 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 amount to each State 
                in amounts that bear the same ratio of--
                          (i) the average annual number of part 
                        I 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.--Notwithstanding paragraph 
        (1), no State shall receive less than .25 percent of 
        such total amount for each fiscal year.
  (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) Allocations for categories of like units of local 
        government.--Of the amounts referred to in paragraph 
        (1), each of the four categories of like governmental 
        units (county, city, township, and other) within a 
        State shall be allocated an amount that bears the same 
        ratio of--
                  (A) the total expenditures on criminal 
                justice by units of local government in that 
                category within that State in the most recently 
                completed fiscal year to--
                  (B) the total expenditures on criminal 
                justice by all units of local government within 
                that State in such year.
          (3) Allocations for units of local government.--Of 
        the amounts allocated to a category under paragraph 
        (2), each unit of local government in that category 
        within that State shall be allocated an amount that 
        bears the same ratio of--
                  (A) the average annual number of part I 
                violent crimes of the Uniform Crime Reports of 
                the Federal Bureau of Investigation reported by 
                such unit of local government for the three 
                most recent years reported by such unit of 
                local government to--
                  (B) the average annual number of such crimes 
                reported by all like governmental units for 
                such years.
  (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 I 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 I 
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 subsection (b), of the 
        amounts allocated under subsection (a) to Puerto Rico, 
        100 percent shall be for direct grants to Puerto Rico.
          (2) No local allocations.--Subsections (c) and (d) 
        shall not apply to Puerto Rico.
  (h) Definition.--
          (1) In general.--For purposes of this section, the 
        term ``like governmental unit'' means any like unit of 
        local government as defined by the Secretary of 
        Commerce for general statistical purposes.
          (2) Certain like units required.--Notwithstanding 
        paragraph (1), in determining the meaning of such term 
        for purposes of this section--
                  (A) all counties (including parishes) shall 
                be treated as like governmental units;
                  (B) all cities shall be treated as like 
                governmental units;
                  (C) all townships shall be treated as like 
                governmental units; and
                  (D) all governmental units of other 
                particular types shall be treated as like 
                governmental units of such types.

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; and
          (2) $20,000,000, to be granted by the Attorney 
        General to States and units of local government to 
        develop and implement antiterrorism training programs.

SEC. 507. INTEREST-BEARING TRUST FUNDS.

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

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated to carry out this 
subpart $1,075,000,000 for fiscal year 2004 and such sums as 
may be necessary for each of fiscal years 2005 through 2008.

                    Subpart 2--Discretionary Grants

           [CHAPTER A--GRANTS TO PUBLIC AND PRIVATE ENTITIES

                               [PURPOSES

  [Sec. 510. (a) The purpose of this chapter is to provide 
additional Federal financial assistance to public or private 
agencies and private nonprofit organizations for purposes of--
          [(1) undertaking educational and training programs 
        for--
                  [(A) criminal justice personnel; and
                  [(B) the general public, with respect to the 
                lawful and safe ownership, storage, carriage, 
                or use of firearms, including the provision of 
                secure gun storage or safety devices;
          [(2) providing technical assistance to States and 
        local units of government;
          [(3) undertaking projects which are national or 
        multijurisdictional in scope and which address the 
        purposes specified in section 501(b); and
          [(4) providing financial assistance to public 
        agencies and private nonprofit organizations for 
        demonstration programs which, in view of previous 
        research or experience, are likely to be a success in 
        more than one jurisdiction.
  [(b) In carrying out this chapter, the Director is authorized 
to make grants to, or enter into contracts with non-Federal 
public or private agencies, institutions, or organizations or 
individuals to carry out any purpose specified in section 
501(b) and is authorized to make grants to, or enter into 
contracts with, those persons and entities to carry out the 
purposes specified in subsection (a)(1)(B) in accordance with 
subsection (c). The Director shall have final authority over 
all funds awarded under this chapter.
  [(c)(1) In accordance with this subsection, the Director may 
make a grant to, or enter into a contract with, any person or 
entity referred to in subsection (b) to provide for a firearm 
safety program that, in a manner consistent with subsection 
(a)(1)(B), provides for general public training and 
dissemination of information concerning firearm safety, secure 
gun storage, and the lawful ownership, carriage, or use of 
firearms, including the provision of secure gun storage or 
safety devices.
  [(2) Funds made available under a grant under paragraph (1) 
may not be used (either directly or by supplanting non-Federal 
funds) for advocating or promoting gun control, including 
making communications that are intended to directly or 
indirectly affect the passage of Federal, State, or local 
legislation intended to restrict or control the purchase or use 
of firearms.
  [(3) Except as provided in paragraph (4), each firearm safety 
program that receives funding under this subsection shall 
provide for evaluations that shall be developed pursuant to 
guidelines that the Director of the National Institute of 
Justice of the Department of Justice, in consultation with the 
Director of the Bureau of Justice Assistance and recognized 
private entities that have expertise in firearms safety, 
education and training, shall establish.
  [(4) With respect to a firearm safety program that receives 
funding under this section, the Director may waive the 
evaluation requirement described in paragraph (3) if the 
Director determines that the program--
          [(A) is not of a sufficient size to justify an 
        evaluation; or
          [(B) is designed primarily to provide material 
        resources and supplies, and that activity would not 
        justify an evaluation.
  [(d) No grants or contracts under subsection (b) may be made, 
entered into, or used, directly or indirectly, to provide any 
security enhancements or any equipment to any non-governmental 
entity that is not engaged in law enforcement or law 
enforcement support, criminal or juvenile justice, or 
delinquency prevention.

                    [ALLOCATION OF FUNDS FOR GRANTS

  [Sec. 511. Of the total amount appropriated for this part 
(other than chapter B of this subpart) in any fiscal year, 20 
percent or $50,000,000, whichever is less, shall be reserved 
and set aside for this section in a special discretionary fund 
for use by the Director in carrying out the purposes specified 
in section 501(b). Grants under this section may be made for 
amounts up to 100 percent of the costs of the programs or 
projects contained in the approved application.

            [LIMITATION ON USE OF DISCRETIONARY GRANT FUNDS

  [Sec. 512. Grant funds awarded under section 511 shall not be 
used for land acquisition or construction projects.]

           *       *       *       *       *       *       *


                    CHAPTER C--GENERAL REQUIREMENTS

                        APPLICATION REQUIREMENTS

  Sec. 517. (a) No grant may be made under this subpart unless 
an application has been submitted to the Director in which the 
applicant--
          (1) sets forth a program or project which is eligible 
        for funding [pursuant to section 511 or 515] pursuant 
        to section 515;

           *       *       *       *       *       *       *


                  Subpart 3--Administrative Provisions

                               EVALUATION

  Sec. 520. (a) To increase the efficiency and effectiveness of 
programs funded under this part, the National Institute of 
Justice shall--
          (1) develop guidelines, in cooperation with the 
        Bureau of Justice Assistance, to assist State and local 
        units of government to conduct [the program evaluations 
        as required by section 501(c) of this part] program 
        evaluations; and
          (2) conduct a reasonable number of comprehensive 
        [evaluations of programs funded under section 506 
        (formula grants) and sections 511 and 515 
        (discretionary grants) of this part] evaluations of 
        programs funded under section 505 (formula grants) and 
        section 515 (discretionary grants) of this part.
  (b) In selecting programs for review, the Director of the 
National Institute of Justice should consider--
          (1) * * *
          (2) the cost of the program to be evaluated and the 
        number of similar [programs funded under section 506 
        (formula grants) and section 511 (discretionary 
        grants)] programs funded under section 505 (formula 
        grants);

           *       *       *       *       *       *       *


                                REPORTS

  Sec. 522. (a) Each State which receives a grant under 
[section 506] section 505 shall submit to the Director, for 
each year in which any part of such grant is expended by a 
State or unit of local government, a report which contains--
          (1) a summary of the activities carried out with such 
        grant and [an assessment of the impact of such 
        activities on meeting the needs identified in the State 
        strategy submitted under section 503] an assessment of 
        the impact of such activities on meeting the purposes 
        of subpart 1;

           *       *       *       *       *       *       *


     [Part F--Criminal Justice Facility Construction: Pilot Program

                        [authority for payments

  [Sec. 601. In order to relieve overcrowding and substandard 
conditions at State and local correctional facilities, the 
Director of the Bureau of Justice Assistance (hereinafter in 
this part referred to as the ``Director'') is authorized to 
make grants to States, units of local government, and 
combinations of such units to assist in construction of 
correctional facility projects approved under this part, and in 
planning to relieve overcrowding and substandard conditions in 
correctional facilities.

                              [eligibility

  [Sec. 602. (a) A State, unit of local government, or 
combination of such units shall be eligible for assistance 
under this part for a correctional facility project only--
          [(1) if the Director, with the concurrence of the 
        Director of the National Institute of Corrections 
        established in chapter 319 of title 18, United States 
        Code, has made a determination that such project 
        represents a prototype of new and innovative methods 
        and advanced design that will stand as examples of 
        technology for avoiding delay and reducing costs in 
        correctional facility design, construction, and 
        improvement; and
          [(2) for not more than one such project in any State 
        per fiscal year.
  [(b) A State, a unit of local government, or a combination of 
such units shall be eligible for assistance under this part for 
the development of a plan for relieving overcrowding or 
substandard conditions in correctional facilities operated by 
the State, a unit of local government, or a combination of such 
units. Such assistance shall not exceed 50 percent of the cost 
of developing the plan.

                    [application; approval; payment

  [Sec. 603. (a) A State, unit of local government, or 
combination of such units desiring to receive assistance under 
this part for a correctional facility project shall submit to 
the Director an application which shall include--
          [(1) reasonable assurance that the applicant has 
        developed an acceptable plan for reducing overcrowding 
        and improving conditions of confinement in its 
        correctional facilities and has implemented, or is in 
        the process of implementing, such plan through 
        legislative, executive, or judicial initiatives;
          [(2) a detailed description of the correctional 
        facility to be constructed, altered, or expanded, 
        including a description of the site of such facility;
          [(3) an estimate of the total cost of the 
        construction of such project, including the amount of 
        assistance requested for such project;
          [(4) reasonable assurance that title to such site is 
        or will be vested solely in the applicant, or another 
        agency or instrumentality of the applicant;
          [(5) reasonable assurance that adequate financial 
        support will be available for the construction of the 
        project and for its maintenance and operation when 
        complete; and
          [(6) reasonable assurance that the applicant will 
        comply with the standards and recommendations of the 
        clearinghouse on the construction and modernization of 
        correctional facilities established under section 606.
  [(b)(1) The Director may approve any such application only if 
the Director finds that--
          [(A) there are sufficient funds available to provide 
        the assistance requested;
          [(B) such assistance does not exceed 20 percent of 
        the estimated total cost of construction;
          [(C) the application contains such reasonable 
        assurances as may be required under subsection (a); and
          [(D) the eligibility criteria of section 602 are met.
  [(2) In approving applications under this subsection, the 
Director shall consider the numbers and general characteristics 
of the inmate population (to include factors such as offenders' 
ages, offenses, average term of incarceration, and custody 
status), and the degree to which the applicant has implemented 
an inmate classification system which addresses the need for 
appropriate security assignment.
  [(c) Upon approving an application under this section, the 
Director shall award the amount of assistance so approved, but 
in no event an amount greater than 20 percent of the cost of 
construction of the approved correctional facility project, and 
shall provide for payment to the applicant or, if designated by 
the applicant, any agency or instrumentality of the applicant. 
Such amount shall be paid, in advance or by way of 
reimbursement, and in such installments consistent with the 
progress of construction as the Director may determine. Funds 
paid under this subsection for the construction of an approved 
project shall be used solely for carrying out such project as 
so approved.
  [(d) An amendment of any application shall be subject to 
approval in the same manner as an original application.

                         [recapture provisions

  [Sec. 605. If, within 20 years after completion of any 
correctional facility project with respect to which assistance 
has been provided under this part, such facility ceases to be 
operated as a correctional facility, the United States may 
recover from the recipient of such assistance any amount not to 
exceed 20 percent of the then current value of such project 
(but in no event an amount greater than the amount of 
assistance provided under this part for such project), as 
determined by agreement with the parties or by action brought 
in the district court of the United States for the district in 
which such facility is situated.

   [clearinghouse on the construction and modernization of criminal 
                           justice facilities

  [Sec. 606. (a) The Director shall provide for the operation 
of a clearinghouse on the construction and modernization of 
correctional facilities, which shall collect, prepare, and 
disseminate to the public and to interested State and local 
public agencies information, including recommendations, 
pertaining to the construction and modernization of 
correctional facilities. Such information shall include 
information regarding--
          [(1) new and innovative methods and advanced design 
        that will stand as examples of technology for avoiding 
        delay and reducing costs in correctional facility 
        design, construction, and improvement;
          [(2) ways in which a construction planning program 
        may be used to improve the administration of the 
        criminal justice system within each State;
          [(3) recommended minimum standards concerning 
        construction materials and methods, to be updated from 
        time to time to reflect technological advances;
          [(4) the cost effectiveness of available construction 
        materials, methods, and design technologies;
          [(5) the training of correctional facility personnel; 
        and
          [(6) health and safety considerations in construction 
        planning.
  [(b) The Director is authorized to enter into contracts with 
private organizations and interagency agreements with the 
National Institute of Corrections, the National Institute of 
Justice, the Bureau of Justice Statistics, and other 
appropriate public agencies, to operate the clearinghouse 
required under this section.]

           *       *       *       *       *       *       *


                   Part H--Administrative Provisions

          consultation; establishment of rules and regulations

  Sec. 801. (a) * * *
  (b) The Bureau of Justice Assistance shall, after 
consultation with the National Institute of Justice, the Bureau 
of Justice Statistics, the Office of Juvenile Justice and 
Delinquency Prevention, State and local governments, and the 
appropriate public and private agencies, establish such rules 
and regulations as are necessary to assure the continuing 
evaluation of selected programs or projects conducted pursuant 
to parts E, M, N, O, and U in order to determine--
          (1) * * *

           *       *       *       *       *       *       *

          (5) their implication for related programs.
In conducting evaluations described in this subsection, the 
Bureau of Justice Assistance shall, when practical, compare the 
effectiveness of programs conducted by similar applicants and 
different applicants. The Bureau of Justice Assistance shall 
also require applicants under subpart 1 of part E to submit an 
annual performance report concerning activities carried out 
pursuant to subpart 1 of part E together with an assessment by 
the applicant of the effectiveness of those activities in 
achieving [the purposes of section 501 of this title] the 
purposes of such subpart 1 and the relationships of those 
activities to the needs and objectives specified by the 
applicant in [the application submitted pursuant to section 503 
of this title] the application submitted pursuant to section 
502 of this title. The Bureau shall suspend funding for an 
approved application under subpart 1 of part E if an applicant 
fails to submit such an annual performance report.

           *       *       *       *       *       *       *


          notice and hearing on denial or termination of grant

  Sec. 802. [(a)] Whenever, after reasonable notice and 
opportunity for a hearing on the record in accordance with 
section 554 of title 5, United States Code, the Bureau of 
Justice Assistance, the National Institute of Justice, and the 
Bureau of Justice Statistics finds that a recipient of 
assistance under this title has failed to comply substantially 
with--
          (1) * * *

           *       *       *       *       *       *       *

  [(b) If any grant application submitted under subpart 1 of 
part E or under part M, N, O, or T of this title has been 
denied, or any grant under this title has been terminated, then 
the Bureau of Justice Assistance, the National Institute of 
Justice, or the Bureau of Justice Statistics, as appropriate, 
shall notify the applicant of its action and set forth the 
reason for the action taken. Whenever such an applicant 
requests a hearing, the Bureau of Justice Assistance, the 
National Institute of Justice, or the Bureau of Justice 
Statistics, or any authorized officer thereof, is authorized 
and directed to hold such hearings or investigations, including 
hearings on the record in accordance with section 554 of title 
5, United States Code, at such times and places as necessary, 
following appropriate and adequate notice to such applicant; 
and the findings of fact and determinations made with respect 
thereto shall be final and conclusive, except as otherwise 
provided herein. The Bureau of Justice Assistance, the National 
Institute of Justice, or the Bureau of Justice Statistics is 
authorized to take final action without a hearing if, after an 
administrative review of the denial of such application or 
termination of such grant, it is determined that the basis for 
the appeal, if substantiated, would not establish a basis for 
awarding or continuing of the grant involved. Under such 
circumstances, a more detailed statement of reasons for the 
agency action should be made available, upon request, to the 
applicant.
  [(c) If the applicant involved is dissatisfied with the 
findings and determinations of the Bureau of Justice 
Assistance, the National Institute of Justice, or the Bureau of 
Justice Statistics following notice and hearing provided for in 
subsection (a) of this section, a request may be made for 
rehearing, under such regulations and procedure as the Bureau 
of Justice Assistance, the National Institute of Justice, or 
the Bureau of Justice Statistics may establish, and such 
applicant shall be afforded an opportunity to present such 
additional information as may be deemed appropriate and 
pertinent to the matter involved.]

                       FINALITY OF DETERMINATIONS

  Sec. 803. In carrying out the functions vested by this title 
in the Bureau of Justice Assistance, the Bureau of Justice 
Statistics, or the National Institute of Justice, their 
determinations, findings, and conclusions shall[, after 
reasonable notice and opportunity for a hearing,] be final and 
conclusive upon all applications[, except as otherwise provided 
herein].

                        [APPELLATE COURT REVIEW

  [Sec. 804. (a) If any applicant or recipient is dissatisfied 
with a final action with respect to section 802, 803, or 
809(c)(2)(G) of this part, such applicant or recipient may, 
within sixty days after notice of such action, file with the 
United States court of appeals for the circuit in which such 
applicant or recipient is located, or in the United States 
Court of Appeals for the District of Columbia, a petition for 
review of the action. A copy of the petition shall forthwith be 
transmitted by the petitioner to the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the Office of Juvenile Justice and Delinquency 
Prevention, or the National Institute of Justice, as 
appropriate, and the Attorney General of the United States, who 
shall represent the Federal Government in the litigation. The 
Office of Justice Programs, Bureau of Justice Assistance, the 
Bureau of Justice Statistics, the Office of Juvenile Justice 
and Delinquency Prevention, or the National Institute of 
Justice, as appropriate, shall thereupon file in the court the 
record of the proceeding on which the action was based, as 
provided in section 2112 of title 28, United States Code. No 
objection to the action shall be considered by the court unless 
such objection has been urged before the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the Office of Juvenile Justice and Delinquency 
Prevention, or the National Institute of Justice, as 
appropriate.
  [(b) The court shall have jurisdiction to affirm or modify a 
final action or to set it aside in whole or in part. The 
findings of fact by the Office of Justice Programs, Bureau of 
Justice Assistance, the Bureau of Justice Statistics, the 
Office of Juvenile Justice and Delinquency Prevention, or the 
National Institute of Justice, if supported by substantial 
evidence on the record considered as a whole, shall be 
conclusive, but the court, for good cause shown, may remand the 
case to the Office of Justice Programs, Bureau of Justice 
Assistance, the National Institute of Justice, the Office of 
Juvenile Justice and Delinquency Prevention, or the Bureau of 
Justice Statistics, to take additional evidence to be made part 
of the record. The Office of Justice Programs, Bureau of 
Justice Assistance, the Bureau of Justice Statistics, the 
Office of Juvenile Justice and Delinquency Prevention, or the 
National Institute of Justice, may thereupon make new or 
modified findings of fact by reason of the new evidence so 
taken and filed with the court and shall files such modified or 
new findings along with any recommendations such entity may 
have for the modification or setting aside of such entity's 
original action. All new or modified findings shall be 
conclusive with respect to questions of fact if supported by 
substantial evidence when the record as a whole is considered.
  [(c) Upon the filing of such petition, the court shall have 
jurisdiction to affirm the action of the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the Office of Juvenile Justice and Delinquency 
Prevention, or the National Institute of Justice, or to set it 
aside, in whole or in part. The judgment of the court shall be 
subject to review by the Supreme Court of the United States 
upon writ of certiorari or certifications as provided in 
section 1254 of title 28, United States Code.]

           *       *       *       *       *       *       *


                       title to personal property

  Sec. 808. Notwithstanding any other provision of law, title 
to all expendable and nonexpendable personal property purchased 
with funds made available under this title, including such 
property purchased with funds made available under this title 
as in effect before the effective date of the Justice 
Assistance Act of 1984, shall vest in the criminal justice 
agency or nonprofit organization that purchased the property if 
it certifies to [the State office described in section 507 or 
1408] the State office responsible for the trust fund required 
by section 507, or the State office described in section 1408, 
as the case may be, of this title that it will use the property 
for criminal justice purposes. If such certification is not 
made, title to the property shall vest in the State office, 
which shall seek to have the property used for criminal justice 
purposes elsewhere in the State prior to using it or disposing 
of it in any other manner.

           *       *       *       *       *       *       *


                     confidentiality of information

  Sec. 812. (a) [Except as provided by Federal law other than 
this title, no] No officer or employee of the Federal 
Government, and no recipient of assistance under the provisions 
of this title shall use or reveal any research or statistical 
information furnished under this title by any person and 
identifiable to any specific private person for any purpose 
other than the purpose for which it was obtained in accordance 
with this title. Such information and copies thereof shall be 
immune from legal process, and shall not, without the consent 
of the person furnishing such information, be admitted as 
evidence or used for any purpose in any action, suit, or other 
judicial, legislative, or administrative proceedings.

           *       *       *       *       *       *       *


                          Part I--Definitions

                              DEFINITIONS

  Sec. 901. (a) As used in this title--
          (1)  * * *
          (2) ``State'' means any State of the United States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands: Provided, That [for the 
        purposes of section 506(a)] for the purposes of section 
        505(a) American Samoa, Guam, and the Northern Mariana 
        Islands shall be considered as one State and that, for 
        these purposes, 33 per centum of the amounts allocated 
        shall be allocated to American Samoa, 50 per centum to 
        Guam, and 17 per centum to the Northern Mariana 
        Islands;
          (3) ``unit of local government'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) an Indian Tribe [(as that term is defined 
                in section 103 of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 
                5603))] that performs law enforcement 
                functions, as determined by the Secretary of 
                the Interior; or

           *       *       *       *       *       *       *

          (5) ``combination'' as applied to States or units of 
        local government means any grouping or joining together 
        of such States or units for the purpose of preparing, 
        developing, or implementing a criminal justice [program 
        or project] program, plan, or project;

           *       *       *       *       *       *       *

          (11) ``neighborhood or community-based 
        organizations'' means organizations [which], including 
        faith-based, that are representative of communities or 
        significant segments of communities;

           *       *       *       *       *       *       *

          (24) the term ``young offender'' means a non-violent 
        first-time offender or a non-violent offender with a 
        minor criminal record who is 22 years of age or younger 
        (including juveniles); [and]
          (25) the term ``residential substance abuse treatment 
        program'' means a course of individual and group 
        activities, lasting between 6 and 12 months, in 
        residential treatment facilities set apart from the 
        general prison population--
                  (A) directed at the substance abuse problems 
                of the prisoner; and
                  (B) intended to develop the prisoner's 
                cognitive, behavioral, social, vocational, and 
                other skills so as to solve the prisoner's 
                substance abuse and related problems[.];
          (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).

           *       *       *       *       *       *       *


              PART M--REGIONAL INFORMATION SHARING SYSTEMS

SEC. 1301. REGIONAL INFORMATION SHARING SYSTEMS GRANTS.

  (a) * * *
  (b) Grants and contracts awarded under this part shall be 
made for--
          (1) maintaining and operating regional information 
        sharing systems that are responsive to the needs of 
        participating enforcement agencies in addressing 
        multijurisdictional offenses and conspiracies, and that 
        are capable of providing controlling input, 
        dissemination, rapid retrieval, and systematized 
        updating of information to authorized agencies;

           *       *       *       *       *       *       *

          [(3) establishing and maintaining a telecommunication 
        of the information sharing and analytical programs in 
        clauses (1) and (2);]
          (3) establishing and maintaining a secure 
        telecommunications system for regional information 
        sharing between Federal, State, and local law 
        enforcement agencies;
          (4) establishing and operating secure information 
        sharing systems to enhance the investigation and 
        prosecution abilities of participating enforcement 
        agencies in addressing multi-jurisdictional terrorist 
        conspiracies and activities; and [(5)]

           *       *       *       *       *       *       *


PART O--RURAL DRUG ENFORCEMENT

           *       *       *       *       *       *       *


                           OTHER REQUIREMENTS

  Sec. 1502. Subparts 1 and 3 of part E of this title shall 
apply with respect to funds appropriated to carry out this 
part, in the same manner as such subparts apply to funds 
appropriated to carry out part E, except that--
          (1) [section 506(a)] section 505(a) of this title 
        shall not apply with respect to this part; and
          (2) in addition to satisfying the requirements of 
        [section 503(a)] section 502, each application for a 
        grant under this part shall include in its application 
        a statement specifying how such grant will be 
        coordinated with a grant received under [section 506] 
        section 505 of this title for the same fiscal year.

           *       *       *       *       *       *       *


PART P--CRIMINAL CHILD SUPPORT ENFORCEMENT

           *       *       *       *       *       *       *


SEC. 1602. STATE APPLICATIONS.

  (a) * * *
  (b) State Office.--[The office designated under section 507 
of title I] The office responsible for the trust fund required 
by section 507--
          (1)  * * *

           *       *       *       *       *       *       *


PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON THE BEAT''

           *       *       *       *       *       *       *


SEC. 1702. APPLICATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Contents.--In accordance with the regulations or 
guidelines established by the Attorney General, each 
application for a grant under this part shall--
          (1) include a long-term strategy and detailed 
        implementation plan that reflects consultation with 
        community groups and appropriate private and public 
        agencies [and reflects consideration of the statewide 
        strategy under section 503(a)(1)];

           *       *       *       *       *       *       *


PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

           *       *       *       *       *       *       *


SEC. 1902. STATE APPLICATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (e) State Office.--[The Office designated under section 507] 
The office responsible for the trust fund required by section 
507--
          (1)  * * *

           *       *       *       *       *       *       *


SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


        [Part T--Grants To Combat Violent Crimes Against Women]

         PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.

  (a) * * *
  (b) Purposes for Which Grants May Be Used.--Grants under this 
part shall provide personnel, training, technical assistance, 
data collection and other equipment for the more widespread 
apprehension, prosecution, and adjudication of persons 
committing violent crimes against women to develop and 
strengthen victim services in cases involving violent crimes 
against women, and specifically, for the purposes of--
          (1) * * *

           *       *       *       *       *       *       *


SEC. [2002.] 2007. STATE GRANTS.

  (a) General Grants.--The Attorney General may make grants [to 
States, for use by States, State and local courts (including 
juvenile courts), units of local government, nonprofit 
nongovernmental victim services programs, and Indian tribal 
governments] for the purposes described in section 2001(b).
  (b) Amounts.--Of the amounts appropriated for the purposes of 
this part--
          (1) * * *
          (2) 2.5 percent shall be available for grants for 
        State domestic violence coalitions under section 
        2001(c), with the coalition for each State, the 
        coalition for the District of Columbia, the coalition 
        for the Commonwealth of Puerto Rico, and the coalition 
        for the combined Territories of the United States, each 
        receiving an amount equal to [\1/54\] \1/53\ of the 
        total amount made available under this paragraph for 
        each fiscal year;
          (3) 2.5 percent shall be available for grants for 
        State sexual assault coalitions under section 2001(c), 
        with the coalition for each State, the coalition for 
        the District of Columbia, the coalition for the 
        Commonwealth of Puerto Rico, and the coalition for the 
        combined Territories of the United States, each 
        receiving an amount equal to [\1/54\] \1/53\ of the 
        total amount made available under this paragraph for 
        each fiscal year;
          (4) \1/54\ shall be available for the development and 
        operation of nonprofit tribal domestic violence and 
        sexual assault coalitions [in Indian country];

           *       *       *       *       *       *       *

  (c) Qualification.--Upon satisfying the terms of subsection 
(d), any State shall be qualified for funds provided under this 
part upon certification that--
          (1) * * *

           *       *       *       *       *       *       *

          (3) of the amount granted--
                  (A) not less than 25 percent shall be 
                allocated to [police] law enforcement and not 
                less than 25 percent shall be allocated to 
                prosecutors;

           *       *       *       *       *       *       *

  (d) Application Requirements.--The application requirements 
provided in section 513 shall apply to grants made under this 
part. In addition, each application submitted by a State shall 
include the certifications of qualification required by 
subsection (c), including documentation from nonprofit, 
nongovernmental victim services programs, describing their 
participation in developing the plan required by subsection 
(c)(2). [An application] In addition, each application 
submitted by a State or tribal government shall include--
          (1)  * * *

           *       *       *       *       *       *       *


SEC. [2003.] 2008. DEFINITIONS.

  In this part--
          (1) the term ``domestic violence'' includes felony or 
        misdemeanor crimes of violence committed by a current 
        or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabitating with or has cohabitated with the victim as 
        a spouse, by a person similarly situated to a spouse of 
        the victim under the domestic or family violence laws 
        of the jurisdiction receiving grant monies, or by any 
        other adult person against a victim who is protected 
        from that person's acts under the domestic or family 
        violence laws of the jurisdiction receiving grant 
        monies;

           *       *       *       *       *       *       *


SEC. [2004.] 2009. GENERAL TERMS AND CONDITIONS.

  (a) * * *
  (b) Reporting.--[Not later than 180 days after the end of 
each fiscal year for which grants are made under this part, the 
Attorney General shall submit] Not later than one month after 
the end of each even-numbered fiscal year, the Attorney General 
shall submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate a report that includes, for each State and for each 
grantee Indian tribe--
          (1)  * * *

           *       *       *       *       *       *       *


SEC. [2005.] 2010. RAPE EXAM PAYMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


SEC. [2006.] 2011. COSTS FOR CRIMINAL CHARGES AND PROTECTION ORDERS.

  (a) In General.--A State, Indian tribal government, or unit 
of local government, shall not be entitled to funds under this 
part unless the State, Indian tribal government, or unit of 
local government--
          (1) * * *

           *       *       *       *       *       *       *


              PART U--GRANTS TO ENCOURAGE ARREST POLICIES

SEC. 2101. GRANTS.

  (a) Purpose.--The purpose of this part is to encourage 
States, Indian tribal governments, State and local courts 
(including juvenile courts), tribal courts, and units of local 
government [to treat domestic violence as a serious violation] 
to treat domestic violence and sexual assault as serious 
violations of criminal law.
  (b) Grant Authority.--The Attorney General may make grants to 
eligible States, Indian tribal governments, State and local 
courts (including juvenile courts), or units of local 
government for the following purposes:
          (1) * * *
          (2) To develop policies, educational programs, and 
        training in police departments to improve tracking of 
        cases involving [domestic violence and dating violence] 
        domestic violence, sexual assault, and dating violence.
          (3) To centralize and coordinate police enforcement, 
        prosecution, or judicial responsibility for [domestic 
        violence cases] domestic violence and sexual assault 
        cases in groups or units of police officers, 
        prosecutors, parole and probation officers, or judges.

           *       *       *       *       *       *       *

          (5) To strengthen legal advocacy service programs for 
        victims of [domestic violence and dating violence] 
        domestic violence, sexual assault, and dating violence, 
        including strengthening assistance to such victims in 
        immigration matters.
          (6) To educate judges in criminal and other courts 
        (including juvenile courts) [about domestic violence] 
        about domestic violence and sexual assault and to 
        improve judicial handling of such cases.
  (d) Definition.--[In this section, the term] In this part--
          (1) the term ``sexual assault'' has the meaning given 
        the term in section 2008; and
          (2) the term ``protection order'' has the meaning 
        given the term in section 2266 of title 18, United 
        States Code.

           *       *       *       *       *       *       *


SEC. 2102. APPLICATIONS.

  (a) * * *
  (b) Priority.--In awarding grants under this part, the 
Attorney General shall give priority to applicants that--
          (1) do not currently provide for centralized handling 
        of cases involving domestic violence or sexual assault 
        by police, prosecutors, and courts;
          (2) demonstrate a commitment to strong enforcement of 
        laws, and prosecution of cases, involving domestic 
        violence or sexual assault, including the enforcement 
        of protection orders from other States and 
        jurisdictions (including tribal jurisdictions);

           *       *       *       *       *       *       *


                        [PART W--FAMILY SUPPORT

[SEC. 2301. DUTIES.

  [The Attorney General shall--
          [(1) establish guidelines and oversee the 
        implementation of family-friendly policies within law 
        enforcement-related offices and divisions in the 
        Department of Justice;
          [(2) study the effects of stress on law enforcement 
        personnel and family well-being and disseminate the 
        findings of such studies to Federal, State, and local 
        law enforcement agencies, related organizations, and 
        other interested parties;
          [(3) identify and evaluate model programs that 
        provide support services to law enforcement personnel 
        and families;
          [(4) provide technical assistance and training 
        programs to develop stress reduction and family support 
        to State and local law enforcement agencies;
          [(5) collect and disseminate information regarding 
        family support, stress reduction, and psychological 
        services to Federal, State, and local law enforcement 
        agencies, law enforcement-related organizations, and 
        other interested entities; and
          [(6) determine issues to be researched by the 
        Department of Justice and by grant recipients.

[SEC. 2302. GENERAL AUTHORIZATION.

  [The Attorney General may make grants to States and local law 
enforcement agencies and to organizations representing State or 
local law enforcement personnel to provide family support 
services to law enforcement personnel.

[SEC. 2303. USES OF FUNDS.

  [(a) In General.--A State or local law enforcement agency or 
organization that receives a grant under this Act shall use 
amounts provided under the grant to establish or improve 
training and support programs for law enforcement personnel.
  [(b) Required Activities.--A law enforcement agency or 
organization that receives funds under this part shall provide 
at least one of the following services:
          [(1) Counseling for law enforcement family members.
          [(2) Child care on a 24-hour basis.
          [(3) Marital and adolescent support groups.
          [(4) Stress reduction programs.
          [(5) Stress education for law enforcement recruits 
        and families.
          [(6) Technical assistance and training programs to 
        support any or all of the services described in 
        paragraphs (1), (2), (3), (4), and (5).
  [(c) Optional Activities.--A law enforcement agency or 
organization that receives funds under this part may provide 
the following services:
          [(1) Post-shooting debriefing for officers and their 
        spouses.
          [(2) Group therapy.
          [(3) Hypertension clinics.
          [(4) Critical incident response on a 24-hour basis.
          [(5) Law enforcement family crisis telephone services 
        on a 24-hour basis.
          [(6) Counseling for law enforcement personnel exposed 
        to the human immunodeficiency virus.
          [(7) Counseling for peers.
          [(8) Counseling for families of personnel killed in 
        the line of duty.
          [(9) Seminars regarding alcohol, drug use, gambling, 
        and overeating.
          [(10) Technical assistance and training to support 
        any or all of the services described in paragraphs (1), 
        (2), (3), (4), (5), (6), (7), (8), and (9).

[SEC. 2304. APPLICATIONS.

  [A law enforcement agency or organization desiring to receive 
a grant under this part shall submit to the Attorney General an 
application at such time, in such manner, and containing or 
accompanied by such information as the Attorney General may 
reasonably require. Such application shall--
          [(1) certify that the law enforcement agency shall 
        match all Federal funds with an equal amount of cash or 
        in-kind goods or services from other non-Federal 
        sources;
          [(2) include a statement from the highest ranking law 
        enforcement official from the State or locality or from 
        the highest ranking official from the organization 
        applying for the grant that attests to the need and 
        intended use of services to be provided with grant 
        funds; and
          [(3) assure that the Attorney General or the 
        Comptroller General of the United States shall have 
        access to all records related to the receipt and use of 
        grant funds received under this part.

[SEC. 2305. AWARD OF GRANTS; LIMITATION.

  [(a) Grant Distribution.--In approving grants under this 
part, the Attorney General shall assure an equitable 
distribution of assistance among the States, among urban and 
rural areas of the United States, and among urban and rural 
areas of a State.
  [(b) Duration.--The Attorney General may award a grant each 
fiscal year, not to exceed $100,000 to a State or local law 
enforcement agency or $250,000 to a law enforcement 
organization for a period not to exceed 5 years. In any 
application from a State or local law enforcement agency or 
organization for a grant to continue a program for the second, 
third, fourth, or fifth fiscal year following the first fiscal 
year in which a grant was awarded to such agency, the Attorney 
General shall review the progress made toward meeting the 
objectives of the program. The Attorney General may refuse to 
award a grant if the Attorney General finds sufficient progress 
has not been made toward meeting such objectives, but only 
after affording the applicant notice and an opportunity for 
reconsideration.
  [(c) Limitation.--Not more than 5 percent of grant funds 
received by a State or a local law enforcement agency or 
organization may be used for administrative purposes.

[SEC. 2306. DISCRETIONARY RESEARCH GRANTS.

  [The Attorney General may reserve 10 percent of funds to 
award research grants to a State or local law enforcement 
agency or organization to study issues of importance in the law 
enforcement field as determined by the Attorney General.

[SEC. 2307. REPORTS.

  [A State or local law enforcement agency or organization that 
receives a grant under this part shall submit to the Attorney 
General an annual report that includes--
          [(1) program descriptions;
          [(2) the number of staff employed to administer 
        programs;
          [(3) the number of individuals who participated in 
        programs; and
          [(4) an evaluation of the effectiveness of grant 
        programs.

[SEC. 2308. DEFINITIONS.

  [For purposes of this part--
          [(1) the term ``family-friendly policy'' means a 
        policy to promote or improve the morale and well being 
        of law enforcement personnel and their families; and
          [(2) the term ``law enforcement personnel'' means 
        individuals employed by Federal, State, and local law 
        enforcement agencies.]

           *       *       *       *       *       *       *


          [PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

[SEC. 2701. PROGRAM AUTHORIZED.

  [(a) In General.--The Attorney General is authorized to make 
grants to States, units of local government, and Indian tribes 
to provide improved security, including the placement and use 
of metal detectors and other deterrent measures, at schools and 
on school grounds.
  [(b) Uses of Funds.--Grants awarded under this section shall 
be distributed directly to the State, unit of local government, 
or Indian tribe, and shall be used to improve security at 
schools and on school grounds in the jurisdiction of the 
grantee through one or more of the following:
          [(1) Placement and use of metal detectors, locks, 
        lighting, and other deterrent measures.
          [(2) Security assessments.
          [(3) Security training of personnel and students.
          [(4) Coordination with local law enforcement.
          [(5) Any other measure that, in the determination of 
        the Attorney General, may provide a significant 
        improvement in security.
  [(c) Preferential Consideration.--In awarding grants under 
this part, the Attorney General shall give preferential 
consideration, if feasible, to an application from a 
jurisdiction that has a demonstrated need for improved 
security, has a demonstrated need for financial assistance, and 
has evidenced the ability to make the improvements for which 
the grant amounts are sought.
  [(d) Matching Funds.--
          [(1) The portion of the costs of a program provided 
        by a grant under subsection (a) 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.
          [(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.
  [(e) Equitable Distribution.--In awarding grants under this 
part, the Attorney General shall ensure, to the extent 
practicable, an equitable geographic distribution among the 
regions of the United States and among urban, suburban, and 
rural areas.
  [(f ) Administrative Costs.--The Attorney General may reserve 
not more than 2 percent from amounts appropriated to carry out 
this part for administrative costs.

[SEC. 2702. APPLICATIONS.

  [(a) In General.--To request a grant under this part, the 
chief executive of a State, unit of local government, or Indian 
tribe shall submit an application to the Attorney General at 
such time, in such manner, and accompanied by such information 
as the Attorney General may require. Each application shall--
          [(1) include a detailed explanation of--
                  [(A) the intended uses of funds provided 
                under the grant; and
                  [(B) how the activities funded under the 
                grant will meet the purpose of this part; and
          [(2) be accompanied by an assurance that the 
        application was prepared after consultation with 
        individuals not limited to law enforcement officers 
        (such as school violence researchers, child 
        psychologists, social workers, teachers, principals, 
        and other school personnel) to ensure that the 
        improvements to be funded under the grant are--
                  [(A) consistent with a comprehensive approach 
                to preventing school violence; and
                  [(B) individualized to the needs of each 
                school at which those improvements are to be 
                made.
  [(b) Guidelines.--Not later than 90 days after the date of 
the enactment of this part, the Attorney General shall 
promulgate guidelines to implement this section (including the 
information that must be included and the requirements that the 
States, units of local government, and Indian tribes must meet) 
in submitting the applications required under this section.

[SEC. 2703. ANNUAL REPORT TO CONGRESS.

  [Not later than November 30th of each year, the Attorney 
General shall submit a report to the Congress regarding the 
activities carried out under this part. Each such report shall 
include, for the preceding fiscal year, the number of grants 
funded under this part, the amount of funds provided under 
those grants, and the activities for which those funds were 
used.

[SEC. 2704. DEFINITIONS.

  [For purposes of this part--
          [(1) the term ``school'' means a public elementary or 
        secondary school;
          [(2) the term ``unit of local government'' means a 
        county, municipality, town, township, village, parish, 
        borough, or other unit of general government below the 
        State level; and
          [(3) the term ``Indian tribe'' has the same meaning 
        as in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)).

[SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
part $30,000,000 for each of fiscal years 2001 through 2003.]

           *       *       *       *       *       *       *


                          PART EE--DRUG COURTS

SEC. 2951. GRANT AUTHORITY.

  (a) In General.--The Attorney General may make grants to 
States, State courts, local courts, units of local government, 
and Indian tribal governments, acting directly or through 
agreements with other public or private entities, for adult 
drug courts, juvenile drug courts, family drug courts, and 
tribal drug courts that involve--
          (1) continuing judicial supervision over [offenders 
        with substance abuse problems] offenders, and other 
        individuals under the jurisdiction of the court, with 
        substance abuse problems who are not violent offenders;

           *       *       *       *       *       *       *


SEC. 2953. DEFINITION.

  (a) * * *
  (b) Definition for Purposes of Juvenile Drug Courts.--For 
purposes of juvenile drug courts, the term ``violent offender'' 
means a juvenile who has been convicted of, or adjudicated 
delinquent for, [an offense that] a felony-level offense that--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 2957. DISTRIBUTION AND ALLOCATION.

  (a) * * *
  [(b) Minimum Allocation.--Unless all eligible applications 
submitted by any State or unit of local government within such 
State for a grant under this part have been funded, such State, 
together with grantees within the State (other than Indian 
tribes), shall be allocated in each fiscal year under this part 
not less than 0.50 percent of the total amount appropriated in 
the fiscal year for grants pursuant to this part.]
  (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.

           *       *       *       *       *       *       *

                              ----------                              


                       ANTI CAR THEFT ACT OF 1992

TITLE I--TOUGHER LAW ENFORCEMENT AGAINST AUTO THEFT

           *       *       *       *       *       *       *


                 [Subtitle B--Targeted Law Enforcement

[SEC. 130. GRANT AUTHORIZATION.

  [(a) Purpose.--The purpose of this subtitle is to supplement 
the provisions of the Edward Byrne Memorial State and Local Law 
Enforcement Assistance Program to help the States to curb motor 
vehicle thefts and the related violence.
  [(b) Grants.--The Director of the Bureau of Justice 
Assistance shall make grants to Anti Car Theft Committees 
submitting applications in compliance with the requirements of 
this subtitle.

[SEC. 131. APPLICATION.

  [(a) Submission.--To be eligible to receive a grant under 
this subtitle, a chief executive of an Anti Car Theft Committee 
shall submit an application to the Director of the Bureau of 
Justice Assistance.
  [(b) Content.--The application submitted under subsection (a) 
shall include the following:
          [(1) A statement that the applicant Anti Car Theft 
        Committee is either a State agency or an agency of a 
        unit of local government.
          [(2) A statement that the applicant Anti Car Theft 
        Committee is or will be financed in part (A) by a fee 
        on motor vehicles registered by the State or possessed 
        or insured within the State (and that such fee is not 
        less than $1 per vehicle), or (B) in the same manner 
        and to the same extent as is a similar program financed 
        and implemented in a State like Michigan.
          [(3) An assurance that Federal funds received under a 
        grant under this subtitle shall be used to supplement 
        and not supplant non-Federal funds that would otherwise 
        be available for activities funded under such grant.
          [(4) A statement that the resources of the applicant 
        Anti Car Theft Committee will be devoted entirely to 
        combating motor vehicle theft, including any or all of 
        the following:
                  [(A) Financing law enforcement officers or 
                investigators whose duties are entirely or 
                primarily related to investigating cases of 
                motor vehicle theft or of trafficking in stolen 
                motor vehicles or motor vehicle parts.
                  [(B) Financing prosecutors whose duties are 
                entirely or primarily related to prosecuting 
                cases of motor vehicle theft or of trafficking 
                in stolen motor vehicles or motor vehicle 
                parts.
                  [(C) Motor vehicle theft prevention programs, 
                including vehicle identification number etching 
                programs, programs implemented by law 
                enforcement agencies and designed to enable the 
                electronic tracking of stolen automobiles, and 
                programs designed to prevent the export of 
                stolen vehicles.
          [(5) A description of the budget for the applicant 
        Anti Car Theft Committee for the fiscal year for which 
        a grant is sought.

[SEC. 132. AWARD OF GRANTS.

  [(a) In General.--The Director shall allocate to each State a 
proportion of the total funds available under this subtitle 
that is equal to the proportion of the number of motor vehicles 
registered in such State to the total number of motor vehicles 
registered in the United States. The Director shall ensure that 
all applicant States have an opportunity to receive grants from 
an available appropriation. Any State that has not met the 
requirements described in section 203 of this Act shall be 
excluded from any allocation under this subsection.
  [(b) Grant Amounts.--If one Anti Car Theft Committee within a 
State submits an application in compliance with section 131, 
the Director shall award to such Anti Car Theft Committee a 
grant equal to the total amount of funds allocated to such 
State under this section. In no case shall the Anti Car Theft 
Committee receive a grant that is more than 50 percent of the 
preaward budget for such Anti Car Theft Committee.
  [(c) Multiple Committees.--If two or more Anti Car Theft 
Committees within a State submit applications in compliance 
with section 131, the Director shall award to such Anti Car 
Theft Committees grants that in sum are equal to the total 
amount of funds allocated to such State under this section. In 
no case shall an Anti Car Theft Committee receive a grant that 
is more than 50 percent of the preaward budget for such Anti 
Car Theft Committee. The Director shall allocate funds among 
two or more Anti Car Theft Committees with a State according to 
the proportion of the preaward budget of each Anti Car Theft 
Committee to the total preaward budget for all grant recipient 
Anti Car Theft Committees within such State.
  [(d) Renewal of Grants.--Subject to the availability of 
funds, a grant under this subtitle may be renewed for up to 2 
additional years after the first fiscal year during which the 
recipient receives an initial grant under this subtitle if the 
Director determines that the funds made available to the 
recipient during the previous year were used in the manner 
required under the approved application.

[SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated $10,000,000 to carry 
out this subtitle for each of the fiscal years 1993, 1994, and 
1995.]

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 102 OF THE CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE IDENTIFICATION, 
                    INFORMATION, AND COMMUNICATION.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Assurances.--
          (1)  * * *
          (2) Information sharing.--Such assurances shall 
        include a provision that ensures that a statewide 
        strategy for information sharing systems is underway, 
        or will be initiated, to improve the functioning of the 
        criminal justice system, with an emphasis on 
        integration of all criminal justice components, law 
        enforcement, courts, prosecution, corrections, and 
        probation and parole. The strategy shall be prepared 
        after consultation with State and local officials with 
        emphasis on the recommendation of officials whose duty 
        it is to oversee, plan, and implement integrated 
        information technology systems, and shall contain--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (G) a plan for coordinating the programs 
                funded under this title with other federally 
                funded information technology programs, 
                including directly funded local programs [such 
                as the Local Law Enforcement Block Grant 
                program (described under the heading ``Violent 
                Crime Reduction Programs, State and Local Law 
                Enforcement Assistance'' of the Departments of 
                Commerce, Justice, and State, the Judiciary, 
                and Related Agencies Appropriations Act, 1998 
                (Public Law 105-119)) and the M.O.R.E. program] 
                such as the Edward Byrne Justice Assistance 
                Grant Program and the M.O.R.E. program 
                established pursuant to part Q of title I of 
                the Omnibus Crime Control and Safe Streets Act 
                of 1968.

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 3 OF THE PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 2001

SEC. 3. MEDAL OF VALOR BOARD.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Duties.--The Board shall select candidates as recipients 
of the Medal of Valor from among those applications received by 
the National Medal of Valor Office. Not more often than once 
each year, the Board shall present to the Attorney General the 
name or names of those it recommends as Medal of Valor 
recipients. In a given year, the Board shall not be required to 
select any recipients but may not select [more than 5 
recipients] more than 5 individuals, or groups of individuals, 
as recipients. The Attorney General may in extraordinary cases 
increase the number of recipients in a given year. The Board 
shall set an annual timetable for fulfilling its duties under 
this Act.

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 609M OF THE JUSTICE ASSISTANCE ACT OF 1984

  Sec. 609M. (a) * * *
  (b) An application for assistance under this section shall be 
submitted in writing by the chief executive officer of a State 
to the Attorney General, in a form prescribed by rules issued 
by the Attorney General. The Attorney General shall, after 
consultation with [the Director of the Office of Justice 
Assistance] the Assistant Attorney General for the Office of 
Justice Programs and appropriate members of the Federal law 
enforcement community, approve or disapprove such application 
not later than 10 days after receiving such application.

           *       *       *       *       *       *       *

                              ----------                              


                      VICTIMS OF CRIME ACT OF 1984

            CHAPTER XIV--VICTIM COMPENSATION AND ASSISTANCE

  Sec. 1401. This chapter may be cited as the ``Victims of 
Crime Act of 1984''.

                           CRIME VICTIMS FUND

  Sec. 1402. (a) * * *
  (b) Except as limited by subsection (c), there shall be 
deposited in the Fund--
          (1) * * *

           *       *       *       *       *       *       *

          (5) any gifts, bequests, or donations to the Fund 
        from private entities or individuals[.], 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.

           *       *       *       *       *       *       *

  (d) The Fund shall be available as follows:
          (2) * * *

           *       *       *       *       *       *       *

          (5)(A) In addition to the amounts distributed under 
        paragraphs (2), (3), and (4), the Director may set 
        aside up to $50,000,000 from the amounts transferred to 
        the Fund in response to the airplane hijackings and 
        terrorist acts that occurred on September 11, 2001, as 
        an antiterrorism emergency reserve. The Director may 
        replenish any amounts [expended] obligated from such 
        reserve in subsequent fiscal years by setting aside up 
        to 5 percent of the amounts remaining in the Fund in 
        any fiscal year after distributing amounts under 
        paragraphs (2), (3) and (4). Such reserve shall not 
        exceed $50,000,000.

           *       *       *       *       *       *       *

  (g)(1) The Attorney General[, acting through the Director,] 
shall use 15 percent of the funds available under subsection 
(d)(2) to make grants for the purpose of assisting Native 
American Indian tribes in developing, establishing, and 
operating programs designed to improve--
          (A) * * *

           *       *       *       *       *       *       *

  (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.
  [(2)] (3) As used in this subsection, the term ``tribe'' has 
the meaning given that term in section 4(b) of the Indian Self-
Determination and Education Assistance Act.

                       CRIME VICTIM COMPENSATION

  Sec. 1403. (a)(1) * * *

           *       *       *       *       *       *       *

  (3) Not more than 5 percent of a grant made under this 
section may be used for training purposes and the 
administration of the State crime victim compensation program 
receiving the grant.

           *       *       *       *       *       *       *


                        CRIME VICTIM ASSISTANCE

  Sec. 1404. (a) * * *
  (b)(1) * * *

           *       *       *       *       *       *       *

  (3) Not more than 5 percent of sums received under subsection 
(a) may be used for training purposes and the administration of 
the State crime victim assistance program receiving such sums.
  (c)(1) The Director[,] shall make grants--
          (A) for demonstration projects, program evaluation, 
        compliance efforts, and training and technical 
        assistance services to eligible crime victim assistance 
        programs; [and]
          (B) for the financial support of services to victims 
        of Federal crime by eligible crime victim assistance 
        programs[.]; and
          (C) for nonprofit neighborhood and community-based 
        victim service organizations and coalitions to improve 
        outreach and services to victims of crime.
  (2) Of the amount available for grants under this 
subsection--
          (A) not less than 50 percent shall be used for grants 
        under [paragraph (1)(A); and] paragraphs (1)(A) and 
        (1)(C);
          (B) not more than 50 percent shall be used for grants 
        under paragraph (1)(B)[.]; and
          (C) not more than $10,000 shall be used for any 
        single grant under paragraph (1)(C).

           *       *       *       *       *       *       *

                              ----------                              


  21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT

                          (Public Law 107-273)



           *       *       *       *       *       *       *
     DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
AUTHORIZATION ACT

           *       *       *       *       *       *       *


TITLE II--PERMANENT ENABLING PROVISIONS

           *       *       *       *       *       *       *


SEC. 204. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF 
                    JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY 
                    OF MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE 
                    ATTORNEY GENERAL.

  (a) * * *

           *       *       *       *       *       *       *

  (f) No compensation or reimbursement paid [pursuant to 
section 501(a)] 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) of 
Public Law 99-603 (100 Stat. 3443) or section 241(i) of the Act 
of June 27, 1952 (ch. 477) shall be subject to [section 
6503(d)] sections 3335(b) or 6503(d) of title 31, United States 
Code, and no funds available to the Attorney General may be 
used to pay any assessment made pursuant to such [section 6503] 
sections 3335(b) or 6503 with respect to any such compensation 
or reimbursement.

           *       *       *       *       *       *       *


TITLE IV--VIOLENCE AGAINST WOMEN

           *       *       *       *       *       *       *


 SEC. 402. ESTABLISHMENT OF VIOLENCE AGAINST WOMEN OFFICE.

  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--
          (1) * * *
          (2) by redesignating sections 2002 through 2006 [as 
        sections 2006 through 2011, respectively] as sections 
        2007 through 2011, respectively; and

           *       *       *       *       *       *       *


     DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, 
IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST 
                                  LAWS

       TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION

Subtitle A--General Improvements

           *       *       *       *       *       *       *


SEC. 11013. DEBT COLLECTION IMPROVEMENT.

  (a) In General.--Notwithstanding section 3302 of title 31, 
United States Code, or any other statute affecting the 
crediting of collections, the Attorney General may credit, as 
an offsetting collection, to the Department of Justice Working 
Capital Fund up to [3 percent] 6 percent of all amounts 
collected pursuant to civil debt collection litigation 
activities of the Department of Justice. Such amounts in the 
Working Capital Fund shall remain available until expended and 
shall be subject to the terms and conditions of that fund, and 
shall be used first, for paying the costs of processing and 
tracking civil and criminal debt-collection litigation, and, 
thereafter, for financial systems and for debt-collection-
related personnel, administrative, and litigation expenses.

           *       *       *       *       *       *       *

                              ----------                              


                   VIOLENCE AGAINST WOMEN ACT OF 1994

                          (Public Law 103-322)

                    TITLE IV--VIOLENCE AGAINST WOMEN

  This title may be cited as the ``Violence Against Women Act 
of 1994''.

Subtitle A--Safe Streets for Women

           *       *       *       *       *       *       *


CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

           *       *       *       *       *       *       *


[SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF 
                    RUNAWAY, HOMELESS, AND STREET YOUTH.

  [Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 
et seq.) is amended--
          [(1) by redesignating sections 316 and 317 as 
        sections 317 and 318, respectively; and
          [(2) by inserting after section 315 the following new 
        section:

       ``[GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION

  [``Sec. 316. (a) In General.--The Secretary shall make grants 
under this section to private, nonprofit agencies for street-
based outreach and education, including treatment, counseling, 
provision of information, and referral for runaway, homeless, 
and street youth who have been subjected to or are at risk of 
being subjected to sexual abuse.
  [``(b) Priority.--In selecting among applicants for grants 
under subsection (a), the Secretary shall give priority to 
agencies that have experience in providing services to runaway, 
homeless, and street youth.
  [``(c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          [``(1) $7,000,000 for fiscal year 1996;
          [``(2) $8,000,000 for fiscal year 1997; and
          [``(3) $15,000,000 for fiscal year 1998.
  [``(d) Definitions.--For the purposes of this section--
          [``(1) the term `street-based outreach and education' 
        includes education and prevention efforts directed at 
        offenses committed by offenders who are not known to 
        the victim as well as offenders who are known to the 
        victim; and
          [``(2) the term `street youth' means a juvenile who 
        spends a significant amount of time on the street or in 
        other areas of exposure to encounters that may lead to 
        sexual abuse.''.]

           *       *       *       *       *       *       *


Subtitle B--Safe Homes for Women

           *       *       *       *       *       *       *


    CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
                    ASSISTANCE.

  (a) Grants.--The Attorney General may make grants [to States, 
Indian tribal governments, and local governments of rural 
States, and to other public or private entities of rural 
States] to States, Indian tribal governments, local 
governments, and public or private entities, for programs 
serving rural areas or rural communities--
          (1) to implement, expand, and establish cooperative 
        efforts and projects between law enforcement officers, 
        prosecutors, victim advocacy groups, and other related 
        parties to investigate and prosecute incidents of 
        [domestic violence and dating violence (as defined in 
        section 2003] domestic violence, sexual assault, and 
        dating violence (as such terms are defined in section 
        2008 of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3996gg-2)) and child 
        abuse;
          (2) to provide treatment, counseling, and assistance 
        to victims of [domestic violence and dating violence 
        (as defined in section 2003] domestic violence, sexual 
        assault, and dating violence (as such terms are defined 
        in section 2008 of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2)) and 
        child abuse, including in immigration matters; and

           *       *       *       *       *       *       *

  (b) Definitions.--In this section--
          (1) the term ``Indian tribe'' means a tribe, band, 
        pueblo, nation, or other organized group or community 
        of Indians, including an Alaska Native village (as 
        defined in or established under the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as [Indians.
          [``rural State'' has the meaning stated in section 
        1501(b) of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).] 
        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 F--National Stalker and Domestic Violence Reduction

           *       *       *       *       *       *       *


SEC. 40610. REPORT TO CONGRESS.

  [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] Each even-numbered fiscal year, the 
Attorney General shall submit to the Congress a biennial report 
that provides information concerning the incidence of stalking 
and domestic violence, and evaluates the effectiveness of State 
antistalking efforts and legislation.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 1301 OF THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT 
                                OF 2000

SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Reporting.--
          (1) In general.--[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,] Not later than one month after the 
        end of each even-numbered fiscal year, the Attorney 
        General shall submit to Congress a report that includes 
        information concerning--
                  (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


TITLE 28, UNITED STATES CODE

           *       *       *       *       *       *       *


PART II--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *


CHAPTER 31--THE ATTORNEY GENERAL

           *       *       *       *       *       *       *


Sec. 530C. Authority to use available funds

  (a) * * *
  (b) Permitted Uses.--
          (1) * * *
          (2) Specific permitted uses.--
                  (A) Aircraft and boats.--Funds available to 
                the Attorney General for United States 
                Attorneys, for the Federal Bureau of 
                Investigation, for the United States Marshals 
                Service, for the Bureau of Alcohol, Tobacco, 
                Firearms, and Explosives, for the Drug 
                Enforcement Administration, and for the 
                Immigration and Naturalization Service may be 
                used for the purchase, lease, maintenance, and 
                operation of aircraft and boats, for law 
                enforcement purposes.
                  (B) Purchase of ammunition and firearms; 
                firearms competitions.--Funds available to the 
                Attorney General for United States Attorneys, 
                for the Federal Bureau of Investigation, for 
                the United States Marshals Service, for the 
                Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives, for the Drug Enforcement 
                Administration, for the Federal Prison System, 
                for the Office of the Inspector General, and 
                for the Immigration and Naturalization Service 
                may be used for--
                          (i) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *


              CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION

Sec.
531.  Federal Bureau of Investigation.
     * * * * * * *
540C.   FBI police.
[540C.] 540D. Annual report on activities of Federal Bureau of 
          Investigation personnel outside the United States.

           *       *       *       *       *       *       *


[Sec. 540C.] Sec. 540D. Annual report on activities of Federal Bureau 
                    of Investigation personnel outside the United 
                    States

  (a) * * *
  (b) The report under subsection (a) shall include the 
following:
          (1) For the year preceding the year in which the 
        report is required to be submitted--
                  (A) the number of personnel of the Bureau 
                posted or detailed outside the United States 
                during the year 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);

           *       *       *       *       *       *       *

                              ----------                              


         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994



           *       *       *       *       *       *       *
TITLE III--CRIME PREVENTION

           *       *       *       *       *       *       *


        [Subtitle B--Local Crime Prevention Block Grant Program

[SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.

  [(a) Payment and Use.--
          [(1) Payment.--The Attorney General, shall pay to 
        each unit of general local government which qualifies 
        for a payment under this subtitle an amount equal to 
        the sum of any amounts allocated to the government 
        under this subtitle for each payment period. The 
        Attorney General shall pay such amount from amounts 
        appropriated under section 30202.
          [(2) Use.--Amounts paid to a unit of general local 
        government under this section shall be used by that 
        unit for carrying out one or more of the following 
        purposes:
                  [(A) Education, training, research, 
                prevention, diversion, treatment, and 
                rehabilitation programs to prevent juvenile 
                violence, juvenile gangs, and the use and sale 
                of illegal drugs by juveniles.
                  [(B) Programs to prevent crimes against the 
                elderly based on the concepts of the Triad 
                model.
                  [(C) Programs that prevent young children 
                from becoming gang involved, including the 
                award of grants or contracts to community-based 
                service providers that have a proven track 
                record of providing services to children ages 5 
                to 18.
                  [(D) Saturation jobs programs, offered either 
                separately or in conjunction with the services 
                provided for under the Youth Fair Chance 
                Program, that provide employment opportunities 
                leading to permanent unsubsidized employment 
                for disadvantaged young adults 16 through 25 
                years of age.
                  [(E) Midnight sports league programs that 
                shall require each player in the league to 
                attend employment counseling, job training, and 
                other educational classes provided under the 
                program, which shall be held in conjunction 
                with league sports games at or near the site of 
                the games.
                  [(F) Supervised sports and recreation 
                programs, including Olympic Youth Development 
                Centers established in cooperation with the 
                United States Olympic Committee, that are 
                offered--
                          [(i) after school and on weekends and 
                        holidays, during the school year; and
                          [(ii) as daily (or weeklong) full-day 
                        programs (to the extent available 
                        resources permit) or as part-day 
                        programs, during the summer months.
                  [(G) Prevention and enforcement programs to 
                reduce--
                          [(i) the formation or continuation of 
                        juvenile gangs; and
                          [(ii) the use and sale of illegal 
                        drugs by juveniles.
                  [(H) Youth anticrime councils to give 
                intermediate and secondary school students a 
                structured forum through which to work with 
                community organizations, law enforcement 
                officials, government and media 
                representatives, and school administrators and 
                faculty to address issues regarding youth and 
                violence.
                  [(I) Award of grants or contracts to the Boys 
                and Girls Clubs of America, a national 
                nonprofit youth organization, to establish Boys 
                and Girls Clubs in public housing.
                  [(J) Supervised visitation centers for 
                children who have been removed from their 
                parents and placed outside the home as a result 
                of abuse or neglect or other risk of harm to 
                them and for children whose parents are 
                separated or divorced and the children are at 
                risk because--
                          [(i) there is documented sexual, 
                        physical, or emotional abuse as 
                        determined by a court of competent 
                        jurisdiction;
                          [(ii) there is suspected or elevated 
                        risk of sexual, physical, or emotional 
                        abuse, or there have been threats of 
                        parental abduction of the child;
                          [(iii) due to domestic violence, 
                        there is an ongoing risk of harm to a 
                        parent or child;
                          [(iv) a parent is impaired because of 
                        substance abuse or mental illness;
                          [(v) there are allegations that a 
                        child is at risk for any of the reasons 
                        stated in clauses (i), (ii), (iii), and 
                        (iv), pending an investigation of the 
                        allegations; or
                          [(vi) other circumstances, as 
                        determined by a court of competent 
                        jurisdiction, point to the existence of 
                        such a risk.
                  [(K) Family Outreach Teams which provide a 
                youth worker, a parent worker, and a school-
                parent organizer to provide training in 
                outreach, mentoring, community organizing and 
                peer counseling and mentoring to locally 
                recruited volunteers in a particular area.
                  [(L) To establish corridors of safety for 
                senior citizens by increasing the numbers, 
                presence, and watchfulness of law enforcement 
                officers, community groups, and business owners 
                and employees.
                  [(M) Teams or units involving both specially 
                trained law enforcement professionals and child 
                or family services professionals that on a 24-
                hour basis respond to or deal with violent 
                incidents in which a child is involved as a 
                perpetrator, witness, or victim.
                  [(N) Dwelling units to law enforcement 
                officers without charge or at a substantially 
                reduced rent for the purpose of providing 
                greater security for residents of high crime 
                areas.
  [(b) Timing of Payments.--The Attorney General shall pay each 
amount allocated under this subtitle to a unit of general local 
government for a payment period by the later of 90 days after 
the date the amount is available or the first day of the 
payment period if the unit of general local government has 
provided the Attorney General with the assurances required by 
section 30203(d).
  [(c) Adjustments.--
          [(1) In general.--Subject to paragraph (2), the 
        Attorney General shall adjust a payment under this 
        subtitle to a unit of general local government to the 
        extent that a prior payment to the government was more 
        or less than the amount required to be paid.
          [(2) Considerations.--The Attorney General may 
        increase or decrease under this subsection a payment to 
        a unit of general local government only if the Attorney 
        General determines the need for the increase or 
        decrease, or the unit requests the increase or 
        decrease, within one year after the end of the payment 
        period for which the payment was made.
  [(d) Reservation for Adjustments.--The Attorney General may 
reserve a percentage of not more than 2 percent of the amount 
under this section for a payment period for all units of 
general local government in a State if the Attorney General 
considers the reserve is necessary to ensure the availability 
of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of general local 
government in the State.
  [(e) Repayment of Unexpended Amounts.--
          [(1) Repayment required.--A unit of general local 
        government shall repay to the Attorney General, by not 
        later than 15 months after receipt from the Attorney 
        General, any amount that is--
                  [(A) paid to the unit from amounts 
                appropriated under the authority of this 
                section; and
                  [(B) not expended by the unit within one year 
                after receipt from the Attorney General.
          [(2) Penalty for failure to repay.--If the amount 
        required to be repaid is not repaid, the Attorney 
        General shall reduce payments in future payment periods 
        accordingly.
          [(3) Deposit of amounts repaid.--Amounts received by 
        the Attorney General as repayments under this 
        subsection shall be deposited in a designated fund for 
        future payments to units of general local government.
  [(f) Nonsupplanting Requirement.--Funds made available under 
this subtitle to units of local government shall not be used to 
supplant State or local funds, but will be used to increase the 
amount of funds that would, in the absence of funds under this 
subtitle, be made available from State or local sources.

[SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this subtitle--
          [(1) $75,940,000 for fiscal year 1996;
          [(2) $75,940,000 for fiscal year 1997;
          [(3) $75,940,000 for fiscal year 1998;
          [(4) $75,940,000 for fiscal year 1999; and
          [(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
  [(b) Administrative Costs.--Up to 2.5 percent of the amount 
authorized to be appropriated under subsection (b) is 
authorized to be appropriated for the period fiscal year 1995 
through fiscal year 2000 to be available for administrative 
costs by the Attorney General in furtherance of the purposes of 
the program. Such sums are to remain available until expended.

[SEC. 30203. QUALIFICATION FOR PAYMENT.

  [(a) In General.--The Attorney General shall issue 
regulations establishing procedures under which eligible units 
of general local government are required to provide notice to 
the Attorney General of the units' proposed use of assistance 
under this subtitle.
  [(b) General Requirements for Qualification.--A unit of 
general local government qualifies for a payment under this 
subtitle for a payment period only after establishing to the 
satisfaction of the Attorney General that--
          [(1) the government will establish a trust fund in 
        which the government will deposit all payments received 
        under this subtitle;
          [(2) the government will use amounts in the trust 
        fund (including interest) during a reasonable period;
          [(3) the government will expend the payments so 
        received, in accordance with the laws and procedures 
        that are applicable to the expenditure of revenues of 
        the government;
          [(4) if at least 25 percent of the pay of individuals 
        employed by the government in a public employee 
        occupation is paid out of the trust fund, individuals 
        in the occupation any part of whose pay is paid out of 
        the trust fund will receive pay at least equal to the 
        prevailing rate of pay for individuals employed in 
        similar public employee occupations by the government;
          [(5) the government will use accounting, audit, and 
        fiscal procedures that conform to guidelines which 
        shall be prescribed by the Attorney General. As 
        applicable, amounts received under this subtitle shall 
        be audited in compliance with the Single Audit Act of 
        1984;
          [(6) after reasonable notice to the government, the 
        government will make available to the Attorney General 
        and the Comptroller General of the United States, with 
        the right to inspect, records the Attorney General 
        reasonably requires to review compliance with this 
        subtitle or the Comptroller General of the United 
        States reasonably requires to review compliance and 
        operations;
          [(7) the government will make reports the Attorney 
        General reasonably requires, in addition to the annual 
        reports required under this subtitle; and
          [(8) the government will spend the funds only for the 
        purposes set forth in section 30201(a)(2).
  [(c) Review by Governors.--A unit of general local government 
shall give the chief executive officer of the State in which 
the government is located an opportunity for review and comment 
before establishing compliance with subsection (d).
  [(d) Sanctions for Noncompliance.--
          [(1) In general.--If the Attorney General decides 
        that a unit of general local government has not 
        complied substantially with subsection (b) or 
        regulations prescribed under subsection (b), the 
        Attorney General shall notify the government. The 
        notice shall state that if the government does not take 
        corrective action by the 60th day after the date the 
        government receives the notice, the Attorney General 
        will withhold additional payments to the government for 
        the current payment period and later payment periods 
        until the Attorney General is satisfied that the 
        government--
                  [(A) has taken the appropriate corrective 
                action; and
                  [(B) will comply with subsection (b) and 
                regulations prescribed under subsection (b).
          [(2) Notice.--Before giving notice under paragraph 
        (1), the Attorney General shall give the chief 
        executive officer of the unit of general local 
        government reasonable notice and an opportunity for 
        comment.
          [(3) Payment conditions.--The Attorney General may 
        make a payment to a unit of general local government 
        notified under paragraph (1) only if the Attorney 
        General is satisfied that the government--
                  [(A) has taken the appropriate corrective 
                action; and
                  [(B) will comply with subsection (b) and 
                regulations prescribed under subsection (b).

[SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.

  [(a) State Distribution.--For each payment period, the 
Attorney General shall allocate out of the amount appropriated 
for the period under the authority of section 30202--
          [(1) 0.25 percent to each State; and
          [(2) of the total amount of funds remaining after 
        allocation under paragraph (1), an amount that is equal 
        to the ratio that the number of part 1 violent crimes 
        reported by such State to the Federal Bureau of 
        Investigation for 1993 bears to the number of part 1 
        violent crimes reported by all States to the Federal 
        Bureau of Investigation for 1993.
  [(b) Local Distribution.--(1) The Attorney General shall 
allocate among the units of general local government in a State 
the amount allocated to the State under paragraphs (1) and (2) 
of subsection (a).
  [(2) The Attorney General shall allocate to each unit of 
general local government an amount which bears the ratio that 
the number of part 1 violent crimes reported by such unit to 
the Federal Bureau of Investigation for 1993 bears to the 
number of part 1 violent crimes reported by all units in the 
State in which the unit is located to the Federal Bureau of 
Investigation for 1993 multiplied by the ratio of the 
population living in all units in the State in which the unit 
is located that reported part 1 violent crimes to the Federal 
Bureau of Investigation for 1993 bears to the population of the 
State; or if such data are not available for a unit, the ratio 
that the population of such unit bears to the population of all 
units in the State in which the unit is located for which data 
are not available multiplied by the ratio of the population 
living in units in the State in which the unit is located for 
which data are not available bears to the population of the 
State.
  [(3) If under paragraph (2) a unit is allotted less than 
$5,000 for the payment period, the amount allotted shall be 
transferred to the Governor of the State who shall equitably 
distribute the allocation to all such units or consortia 
thereof.
  [(4) If there is in a State a unit of general local 
government that has been incorporated 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 allocate to this newly incorporated local government, out 
of the amount allocated to the State under this section, an 
amount bearing the same ratio to the amount allocated to the 
State as the population of the newly incorporated local 
government bears to the population of the State. If there is in 
the State a unit of general local government that 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 this local government to the unit of 
general local government that annexed it.
  [(c) Unavailability of Information.--For purposes of this 
section, if data regarding part 1 violent crimes in any State 
for 1993 is unavailable or substantially inaccurate, the 
Attorney General shall utilize the best available comparable 
data regarding the number of violent crimes for 1993 for such 
State for the purposes of allocation of any funds under this 
subtitle.

[SEC. 30205. UTILIZATION OF PRIVATE SECTOR.

  [Funds or a portion of funds allocated under this subtitle 
may be utilized to contract with private, nonprofit entities or 
community-based organizations to carry out the uses specified 
under section 30201(a)(2).

[SEC. 30206. PUBLIC PARTICIPATION.

  [A unit of general local government expending payments under 
this subtitle shall hold at least one public hearing on the 
proposed use of the payment in relation to its entire budget. 
At the hearing, persons shall be given an opportunity to 
provide written and oral views to the governmental authority 
responsible for enacting the budget and to ask questions about 
the entire budget and the relation of the payment to the entire 
budget. The government shall hold the hearing at a time and a 
place that allows and encourages public attendance and 
participation.

[SEC. 30207. ADMINISTRATIVE PROVISIONS.

  [The administrative provisions of part H of the Omnibus Crime 
Control and Safe Streets Act of 1968, shall apply to the 
Attorney General for purposes of carrying out this subtitle.

[SEC. 30208. DEFINITIONS.

  [For purposes of this subtitle:
          [(1) The term ``unit of general local government'' 
        means--
                  [(A) a county, township, city, or political 
                subdivision of a county, township, or city, 
                that is a unit of general local government as 
                determined by the Secretary of Commerce for 
                general statistical purposes; and
                  [(B) the District of Columbia and the 
                recognized governing body of an Indian tribe or 
                Alaskan Native village that carries out 
                substantial governmental duties and powers.
          [(2) The term ``payment period'' means each 1-year 
        period beginning on October 1 of the years 1995 through 
        2000.
          [(3) The term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, 
        and the Northern Mariana Islands, except that American 
        Samoa, Guam, and the Northern Mariana Islands shall be 
        considered as one State and that, for purposes of 
        section 30204(a), 33 per centum of the amounts 
        allocated shall be allocated to American Samoa, 50 per 
        centum to Guam, and 17 per centum to the Northern 
        Mariana Islands.
          [(4) The term ``children'' means persons who are not 
        younger than 5 and not older than 18 years old.
          [(5) The term ``part 1 violent crimes'' means murder 
        and non-negligent manslaughter, forcible rape, robbery, 
        and aggravated assault as reported to the Federal 
        Bureau of Investigation for purposes of the Uniform 
        Crime Reports.]

           *       *       *       *       *       *       *


        [Subtitle G--Assistance for Delinquent and At-Risk Youth

[SEC. 30701. GRANT AUTHORITY.

  [(a) Grants.--
          [(1) In general.--In order to prevent the commission 
        of crimes or delinquent acts by juveniles, the Attorney 
        General may make grants to public or private nonprofit 
        organizations to support the development and operation 
        of projects to provide residential services to youth, 
        aged 11 to 19, who--
                  [(A) have dropped out of school;
                  [(B) have come into contact with the juvenile 
                justice system; or
                  [(C) are at risk of dropping out of school or 
                coming into contact with the juvenile justice 
                system.
          [(2) Consultation with the ounce of prevention 
        council.--The Attorney General may consult with the 
        Ounce of Prevention Council in making grants under 
        paragraph (1).
          [(3) Services.--Such services shall include 
        activities designed to--
                  [(A) increase the self-esteem of such youth;
                  [(B) assist such youth in making healthy and 
                responsible choices;
                  [(C) improve the academic performance of such 
                youth pursuant to a plan jointly developed by 
                the applicant and the school which each such 
                youth attends or should attend; and
                  [(D) provide such youth with vocational and 
                life skills.
  [(b) Applications.--
          [(1) In general.--A public agency or private 
        nonprofit organization which desires a grant under this 
        section shall submit an application at such time and in 
        such manner as the Attorney General may prescribe.
          [(2) Contents.--An application under paragraph (1) 
        shall include--
                  [(A) a description of the program developed 
                by the applicant, including the activities to 
                be offered;
                  [(B) a detailed discussion of how such 
                program will prevent youth from committing 
                crimes or delinquent acts;
                  [(C) evidence that such program--
                          [(i) will be carried out in 
                        facilities which meet applicable State 
                        and local laws with regard to safety;
                          [(ii) will include academic 
                        instruction, approved by the State, 
                        Indian tribal government, or local 
                        educational agency, which meets or 
                        exceeds State, Indian tribal 
                        government, and local standards and 
                        curricular requirements; and
                          [(iii) will include instructors and 
                        other personnel who possess such 
                        qualifications as may be required by 
                        applicable State or local laws; and
                  [(D) specific, measurable outcomes for youth 
                served by the program.
  [(c) Consideration of Applications.--Not later than 60 days 
following the submission of applications, the Attorney General 
shall--
          [(1) approve each application and disburse the 
        funding for each such application; or
          [(2) disapprove the application and inform the 
        applicant of such disapproval and the reasons therefor.
  [(d) Reports.--A grantee under this section shall annually 
submit a report to the Attorney General that describes the 
activities and accomplishments of such program, including the 
degree to which the specific youth outcomes are met.
  [(e) Definitions.--In this subtitle--
          [``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including Alaska Native village (as defined in 
        or established under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.)), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.
          [``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, American Samoa, Guam, and the Northern 
        Mariana Islands.

[SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated for grants under 
section 30701--
          [(1) $5,400,000 for fiscal year 1996;
          [(2) $6,300,000 for fiscal year 1997;
          [(3) $7,200,000 for fiscal year 1998;
          [(4) $8,100,000 for fiscal year 1999; and
          [(5) $9,000,000 for fiscal year 2000.]

           *       *       *       *       *       *       *


                  TITLE XVII--CRIMES AGAINST CHILDREN

   Subtitle A--Jacob Wetterling Crimes Against Children and Sexually 
                   Violent Offender Registration Act

SEC. 170101. JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY 
                    VIOLENT OFFENDER REGISTRATION PROGRAM.

  (a) In General.--
          (1) State guidelines.--The Attorney General shall 
        establish guidelines for State programs that require--
                  (A) * * *
                  (B) a person who is a sexually violent 
                predator to register a current address [unless 
                such requirement is terminated under] for the 
                time period specified in subparagraph (B) of 
                subsection (b)(6).

           *       *       *       *       *       *       *


TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

           *       *       *       *       *       *       *


Subtitle C--DNA Identification

           *       *       *       *       *       *       *


SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA 
                    IDENTIFICATION INFORMATION.

  (a) Establishment of Index.--The Director of the Federal 
Bureau of Investigation may establish an index of--
          (1) DNA identification records of persons arrested 
        for or convicted of crimes;

           *       *       *       *       *       *       *

          (3) analyses of DNA samples recovered from 
        unidentified human remains; [and]
          (4) analyses of DNA samples voluntarily contributed 
        from relatives of missing persons[.]; and
          (5) analyses of DNA samples from other persons, as 
        authorized under the laws of the jurisdiction in which 
        the samples were collected.

           *       *       *       *       *       *       *


        [Subtitle E--Improved Training and Technical Automation

[SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.

  [(a) Grants.--
          [(1) In general.--The Attorney General shall, subject 
        to the availability of appropriations, make grants to 
        State, Indian tribal, and local criminal justice 
        agencies and to nonprofit organizations for the 
        purposes of improving criminal justice agency 
        efficiency through computerized automation and 
        technological improvements.
          [(2) Types of programs.--Grants under this section 
        may include programs to--
                  [(A) increase use of mobile digital 
                terminals;
                  [(B) improve communications systems, such as 
                computer-aided dispatch and incident reporting 
                systems;
                  [(C) accomplish paper-flow reduction;
                  [(D) establish or improve ballistics 
                identification programs;
                  [(E) increase the application of automated 
                fingerprint identification systems and their 
                communications on an interstate and intrastate 
                basis; and
                  [(F) improve computerized collection of 
                criminal records.
          [(3) Funding.--No funds under this subtitle may be 
        used to implement any cryptographic or digital 
        telephony programs.
  [(b) Training and Investigative Assistance.--
          [(1) In general.--The Attorney General shall, subject 
        to the availability of appropriations--
                  [(A) expand and improve investigative and 
                managerial training courses for State, Indian 
                tribal, and local law enforcement agencies; and
                  [(B) develop and implement, on a pilot basis 
                with no more than 10 participating cities, an 
                intelligent information system that gathers, 
                integrates, organizes, and analyzes information 
                in active support of investigations by Federal, 
                State, and local law enforcement agencies of 
                violent serial crimes.
          [(2) Improvement of facilities.--The improvement 
        described in subsection (a) shall include improvements 
        of the training facilities of the Federal Bureau of 
        Investigation Academy at Quantico, Virginia.
          [(3) Intelligent information system.--The intelligent 
        information system described in paragraph (1)(B) shall 
        be developed and implemented by the Federal Bureau of 
        Investigation and shall utilize the resources of the 
        Violent Criminal Apprehension Program.
  [(c) Authorization of Appropriations.--There are authorized 
to be appropriated--
          [(1) to carry out subsection (a)--
                  [(A) $10,000,000 for fiscal year 1996;
                  [(B) $20,000,000 for fiscal year 1997;
                  [(C) $23,000,000 for fiscal year 1998;
                  [(D) $23,000,000 for fiscal year 1999; and
                  [(E) $24,000,000 for fiscal year 2000.
          [(2) to carry out subsection (b)(1)--
                  [(A) $4,000,000 for fiscal year 1996;
                  [(B) $2,000,000 for fiscal year 1997;
                  [(C) $3,000,000 for fiscal year 1998;
                  [(D) $5,000,000 for fiscal year 1999; and
                  [(E) $6,000,000 for fiscal year 2000; and
          [(3) to carry out subsection (b)(2)--
                  [$10,000,000 for fiscal year 1996.
  [(d) Definitions.--In this section--
          [``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including an Alaska Native village (as defined 
        in or established under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.
          [``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, and 
        the United States Virgin Islands.

                 [Subtitle F--Other State and Local Aid

[SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS.

  [Section 1001(a) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended--
          [(1) in paragraph (1) by striking ``1993 and 1994'' 
        and inserting ``1994 and 1995'';
          [(2) in paragraph (2) by striking ``1993 and 1994'' 
        and inserting ``1994 and 1995'';
          [(3) in paragraph (3) by striking ``1993 and 1994'' 
        and inserting ``1994 and 1995'';
          [(4) in paragraph (5) by striking ``1993 and 1994'' 
        and inserting ``1994 and 1995'';
          [(5) in paragraph (6) by inserting ``and 1995'' after 
        ``1994'';
          [(6) in paragraph (7) by striking ``1991, 1992, 1993, 
        and 1994,'' and inserting ``1994 and 1995'';
          [(7) in paragraph (8) by inserting ``and 1995'' after 
        ``1994''; and
          [(8) in paragraph (9) by inserting ``and 1995'' after 
        ``1994''.

[SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE 
                    COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.

  [(a) In General.--The Attorney General shall, subject to the 
availability of appropriation, make grants for States and units 
of local government to pay the costs of providing increased 
resources for courts, prosecutors, public defenders, and other 
criminal justice participants as necessary to meet the 
increased demands for judicial activities resulting from the 
provisions of this Act and amendments made by this Act.
  [(b) Applications.--In carrying out this section, the 
Attorney General may make grants to, or enter into contracts 
with public or private agencies, institutions, or organizations 
or individuals to carry out any purpose specified in this 
section. The Attorney General shall have final authority over 
all funds awarded under this section.
  [(c) Records.--Each recipient that receives a grant under 
this section shall keep such records as the Attorney General 
may require to facilitate an effective audit.
  [(d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          [(1) $23,000,000 for fiscal year 1996;
          [(2) $30,000,000 for fiscal year 1997;
          [(3) $30,000,000 for fiscal year 1998;
          [(4) $32,000,000 for fiscal year 1999; and
          [(5) $35,000,000 for fiscal year 2000,
to remain available for obligation until expended.

[SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO 
                    FUND ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN 
                    VIOLENCE PREVENTION ACT AND THE NATIONAL CHILD 
                    PROTECTION ACT OF 1993.

  [(a) Appropriations.--Of the amounts authorized in Sections 
103(k) and 106(b)(2) of the Brady Handgun Violence Prevention 
Act (18 U.S.C. 922 note) and in section 4(b) of the National 
Child Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of 
$100,000,000 for fiscal year 1995, $25,000,000 for fiscal year 
1996, and $25,000,000 for fiscal year 1997 may be appropriated 
from the Violent Crime Reduction Trust Fund established by this 
Act.
  [(b) Technical Amendment.--Sections 103(k) and 106(b) of the 
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) are 
each amended by striking ``, which may be appropriated from the 
Violent Crime Reduction Trust Fund,''.]

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 77--PEONAGE AND SLAVERY

           *       *       *       *       *       *       *


Sec. 1591. Sex trafficking of children or by force, fraud, or coercion

  (a) * * *

           *       *       *       *       *       *       *


CHAPTER 95--RACKETEERING

           *       *       *       *       *       *       *


Sec. 1960. Prohibition of unlicensed money transmitting businesses

  (a) * * *
  (b) As used in this section--
          (1) the term ``unlicensed money transmitting 
        business'' means a money transmitting business which 
        affects interstate or foreign commerce in any manner or 
        degree and--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) otherwise involves the transportation or 
                transmission of funds that are known to the 
                defendant to have been derived from a criminal 
                offense or are intended to be used [to be used] 
                to promote or support unlawful activity;

           *       *       *       *       *       *       *


   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

           *       *       *       *       *       *       *


Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

  (1) The Attorney General, Deputy Attorney General, Associate 
Attorney General, or any Assistant Attorney General, any acting 
Assistant Attorney General, or any Deputy Assistant Attorney 
General or acting Deputy Assistant Attorney General in the 
Criminal Division specially designated by the Attorney General, 
may authorize an application to a Federal judge of competent 
jurisdiction for, and such judge may grant in conformity with 
section 2518 of this chapter an order authorizing or approving 
the interception of wire or oral communications by the Federal 
Bureau of Investigation, or a Federal agency having 
responsibility for the investigation of the offense as to which 
the application is made, when such interception may provide or 
has provided evidence of--
          (a) * * *

           *       *       *       *       *       *       *

          (q) any criminal violation of section 229 (relating 
        to chemical weapons)[; or sections] or section 2332, 
        2332a, 2332b, 2332d, 2332f, 2339A, 2339B, or 2339C of 
        this title (relating to terrorism); or

           *       *       *       *       *       *       *


      CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND 
TRANSACTIONAL RECORDS ACCESS

           *       *       *       *       *       *       *


Sec. 2703. Required disclosure of customer communications or records

  (a) [Contents of wire or electronic] Contents of Wire or 
Electronic Communications in Electronic Storage.--A 
governmental entity may require the disclosure by a provider of 
electronic communication service of the contents of a wire or 
electronic communication, that is in electronic storage in an 
electronic communications system for one hundred and eighty 
days or less, only pursuant to a warrant issued using the 
procedures described in the Federal Rules of Criminal Procedure 
by a court with jurisdiction over the offense under 
investigation or equivalent State warrant. A governmental 
entity may require the disclosure by a provider of electronic 
communications services of the contents of a wire or electronic 
communication that has been in electronic storage in an 
electronic communications system for more than one hundred and 
eighty days by the means available under subsection (b) of this 
section.
  (b) [Contents of wire or electronic] Contents of Wire or 
Electronic Communications in a Remote Computing Service.--(1) * 
* *

           *       *       *       *       *       *       *

  (c) Records Concerning Electronic Communication Service or 
Remote Computing Service.--(1) A governmental entity may 
require a provider of electronic communication service or 
remote computing service to disclose a record or other 
information pertaining to a subscriber to or customer of such 
service (not including the contents of communications) only 
when the governmental entity--
          (A) * * *

           *       *       *       *       *       *       *

          (C) has the consent of the subscriber or customer to 
        such disclosure; [or]

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


                   CHAPTER 203--ARREST AND COMMITMENT

Sec.
3041.  Power of courts and magistrates.
     * * * * * * *
3051.  Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, 
          and Explosives.

           *       *       *       *       *       *       *


PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *


CHAPTER 301--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 4006. Subsistence for prisoners

  (a) * * *
  (b) Health Care Items and Services.--
          (1) In general.--Payment for costs incurred for the 
        provision of health care items and services for 
        individuals in the custody of the United States 
        Marshals Service, the Federal Bureau of Investigation 
        and [the Immigration and Naturalization Service shall 
        not exceed the lesser of the amount] the Department of 
        Homeland Security shall be the amount billed, not to 
        exceed the amount that would be paid for the provision 
        of similar health care [items and services under--
                  [(A) the Medicare program] items and services 
                under the Medicare program under title XVIII of 
                the Social Security Act[; or
                  [(B) the Medicaid program under title XIX of 
                such Act of the State in which the services 
                were provided.].

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 322 OF THE UNITING AND STRENGTHENING AMERICA BY PROVIDING 
  APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM (USA 
                        PATRIOT ACT) ACT OF 2001

                          (Public Law 107-56)

SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.

  Section 2466 of [title 18] title 28, United States Code, is 
amended by designating the present matter as subsection (a), 
and adding at the end the following:
  ``(b) Subsection (a) may be applied to a claim filed by a 
corporation if any majority shareholder, or individual filing 
the claim on behalf of the corporation is a person to whom 
subsection (a) applies.''.
                              ----------                              


     SECTION 2 OF THE DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000

SEC. 2. AUTHORIZATION OF GRANTS.

  (a) * * *
  (b) Eligibility.--For a State to be eligible to receive a 
grant under this section, the chief executive officer of the 
State shall submit to the Attorney General an application in 
such form and containing such information as the Attorney 
General may require. The application shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) include a certification that the State has 
        determined, by statute, rule, or regulation, those 
        offenses under State law that shall be treated for 
        purposes of this section as qualifying State offenses, 
        provided that each violent felony under the law of that 
        State shall be treated for purposes of this section as 
        a qualifying State offense;
          (4) specify the allocation that the State shall make, 
        in using grant amounts to carry out DNA analyses of 
        samples, as between samples specified in subsection 
        (a)(1) and samples specified in subsection (a)(2); 
        [and]
          (5) specify that portion of grant amounts that the 
        State shall use for the purpose specified in subsection 
        (a)(3)[.]; and
          (6) include a certification that the State does not, 
        by statute, rule, or regulation, prohibit or limit the 
        comparison by a law enforcement officer of (A) the 
        results of a DNA analysis carried out on a DNA sample 
        lawfully obtained by such officer with (B) the 
        information in such Combined DNA Index System.

           *       *       *       *       *       *       *

  ( j) Authorization of Appropriations.--Amounts are authorized 
to be appropriated to the Attorney General for grants under 
subsection (a) as follows:
          (1) For grants for the purposes specified in 
        paragraph (1) of such subsection--
                  (A) * * *
                  (B) $15,000,000 for fiscal year 2002; [and]
                  (C) $15,000,000 for fiscal year 2003[.]; and
                  (D) such sums as many be necessary for fiscal 
                years after fiscal year 2003.
          (2) For grants for the purposes specified in 
        paragraphs (2) and (3) of such subsection--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) $25,000,000 for fiscal year 2003; [and]
                  (D) $25,000,000 for fiscal year 2004[.]; and
                  (E) such sums as many be necessary for fiscal 
                years after fiscal year 2004.

                           Markup Transcript

    Chairman Sensenbrenner. Now, pursuant to notice, I call up 
the bill H.R. 3036, to authorize appropriations for the 
Department of Justice for fiscal year 2004 through 2006, for 
purposes of markup and move its favorable recommendation to the 
House.
    Without objection, the bill will be considered as read and 
open for amendment at any point.
    [H.R. 3036 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.

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.

                  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.

                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.
          (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 $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: $720,806,000, 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: 
        $4,677,214,000.
          (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,558,743,000, 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: $541,844,000, 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: $810,125,000.
          (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) Office of justice programs.--For administrative expenses 
        not otherwise provided for, of the Office of Justice Programs: 
        $145,768,000.
          (22) Legal activities office automations.--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: 
        $136,447,000.
          (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $201,368,000 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: 
        $678,652,000, 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 inaccordance with the Radiation Exposure 
                Compensation Act.
          (5) Antitrust division.--For the Antitrust Division: 
        $144,736,000.
          (6) United states attorneys.--For United States Attorneys: 
        $1,587,920,000, 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: $4,732,360,000, 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: $735,222,000, 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: 
        $4,770,758,000.
          (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,589,918,000, 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: 
        $869,027,000.
          (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $156,268,000 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: $552,681,000, 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: $1,236,000.
          (15) Community relations service.--For the Community 
        Relations Service: $9,716,000.
          (16) Assets forfeiture fund.--For the Assets Forfeiture Fund: 
        $23,949,000 for expenses authorized by section 524 of title 28, 
        United States Code.
          (17) United states parole commission.--For the United States 
        Parole Commission: $11,272,000.
          (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $826,327,000.
          (19) Identification systems integration.--For expenses 
        necessary for the operation of the Identification System 
        Integration: $34,758,000.
          (20) Narrowband communications.--For the costs of conversion 
        to narrowband communications, including the cost for operation 
        and maintenance of Land Mobile Radio legacy systems: 
        $142,885,000.
          (21) Office of justice programs.--For administrative expenses 
        not otherwise provided for, of the Office of Justice Programs: 
        $148,683,000.
          (22) Legal activities office automations.--For necessary 
        expenses related to office automation: $33,904,000.
          (23) Counterterrorism fund.--For necessary expenses of the 
        Counterterrorism Fund: $1,020,000.

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: 
        $139,176,000.
          (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $205,395,000 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: 
        $692,225,000, 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: 
        $147,631,000.
          (6) United states attorneys.--For United States Attorneys: 
        $1,619,678,000, 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: $4,832,107,000, 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: $749,926,000 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: 
        $4,866,173,000.
          (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,621,716,000, 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: 
        $886,407,000.
          (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $159,393,000 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: $563,918,000, 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: $1,260,000.
          (15) Community relations service.--For the Community 
        Relations Service: $9,910,000.
          (16) Assets forfeiture fund.--For the Assets Forfeiture Fund: 
        $24,428,000 for expenses authorized by section 524 of title 28, 
        United States Code.
          (17) United states parole commission.--For the United States 
        Parole Commission: $11,497,000.
          (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $842,854,000.
          (19) Identification systems integration.--For expenses 
        necessary for the operation of the Identification System 
        Integration: $35,453,000.
          (20) Narrowband communications.--For the costs of conversion 
        to narrowband communications, including the cost for operation 
        and maintenance of Land Mobile Radio legacy systems: 
        $145,743,000.
          (21) Office of justice programs.--For administrative expenses 
        not otherwise provided for, of the Office of Justice Programs: 
        $151,657,000.
          (22) Legal activities office automations.--For necessary 
        expenses related to office automation: $34,582,000.
          (23) Counterterrorism fund.--For necessary expenses of the 
        Counterterrorism Fund: $1,040,000.

     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.--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:
          ``(1) Law enforcement programs.
          ``(2) Prosecution and court programs.
          ``(3) Prevention and education programs.
          ``(4) Corrections and community corrections programs.
          ``(5) Drug treatment programs.
          ``(6) Planning, evaluation, and technology improvement 
        programs.
  ``(b) Contracts and Subawards.--A State or unit of local government 
may, in using a grant under this subpart for purposes authorized by 
subsection (a), use all or a portion of that grant to contract with or 
make one or more subawards to one or more--
          ``(1) neighborhood or community-based organizations that are 
        private and nonprofit;
          ``(2) units of local government; or
          ``(3) tribal governments.
  ``(c) Program Assessment Component; Waiver.--
          ``(1) Each program funded under this subpart shall contain a 
        program assessment component, developed pursuant to guidelines 
        established by the Attorney General, in coordination with the 
        National Institute of Justice.
          ``(2) The Attorney General may waive the requirement of 
        paragraph (1) with respect to a program if, in the opinion of 
        the Attorney General, the program is not of sufficient size to 
        justify a full program assessment.
  ``(d) Prohibited Uses.--Notwithstanding any other provision of this 
Act, no funds provided under this subpart may be used, directly or 
indirectly, to provide any of the following matters:
          ``(1) Any security enhancements or any equipment to any 
        nongovernmental entity that is not engaged in criminal justice 
        or public safety.
          ``(2) Unless the Attorney General certifies that 
        extraordinary and exigent circumstances exist that make the use 
        of such funds to provide such matters essential to the 
        maintenance of public safety and good order--
                  ``(A) vehicles, vessels, or aircraft;
                  ``(B) luxury items;
                  ``(C) real estate;
                  ``(D) construction projects (other than penal or 
                correctional institutions); or
                  ``(E) any similar matters.
  ``(e) Administrative Costs.--Not more than 10 percent of a grant made 
under this subpart may be used for costs incurred to administer such 
grant.
  ``(f) Period.--The period of a grant made under this subpart shall be 
four years, except that renewals and extensions beyond that period may 
be granted at the discretion of the Attorney General.
  ``(g) Rule of Construction.--Subparagraph (d)(1) shall not be 
construed to prohibit the use, directly or indirectly, of funds 
provided under this subpart to provide security at a public event, such 
as a political convention or major sports event, so long as such 
security is provided under applicable laws and procedures.

``SEC. 502. APPLICATIONS.

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

``SEC. 503. REVIEW OF APPLICATIONS.

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

``SEC. 504. RULES.

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

``SEC. 505. FORMULA.

  ``(a) Allocation Among States.--
          ``(1) In general.--Of the total amount appropriated for this 
        subpart, the Attorney General shall allocate--
                  ``(A) 50 percent of such 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 amount to each State in 
                amounts that bear the same ratio of--
                          ``(i) the average annual number of part I 
                        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.--Notwithstanding paragraph (1), no 
        State shall receive less than .25 percent of such total amount 
        for each fiscal year.
  ``(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) Allocations for categories of like units of local 
        government.--Of the amounts referred to in paragraph (1), each 
        of the four categories of like governmental units (county, 
        city, township, and other) within a State shall be allocated an 
        amount that bears the same ratio of--
                  ``(A) the total expenditures on criminal justice by 
                units of local government in that category within that 
                State in the most recently completed fiscal year to--
                  ``(B) the total expenditures on criminal justice by 
                all units of local government within that State in such 
                year.
          ``(3) Allocations for units of local government.--Of the 
        amounts allocated to a category under paragraph (2), each unit 
        of local government in that category within that State shall be 
        allocated an amount that bears the same ratio of--
                  ``(A) the average annual number of part I violent 
                crimes of the Uniform Crime Reports of the Federal 
                Bureau of Investigation reported by such unit of local 
                government for the three most recent years reported by 
                such unit of local government to--
                  ``(B) the average annual number of such crimes 
                reported by all like governmental units for such years.
  ``(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 I 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 I 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 subsection (b), of the amounts allocated under 
        subsection (a) to Puerto Rico, 100 percent shall be for direct 
        grants to Puerto Rico.
          ``(2) No local allocations.--Subsections (c) and (d) shall 
        not apply to Puerto Rico.
  ``(h) Definition.--
          ``(1) In general.--For purposes of this section, the term 
        `like governmental unit' means any like unit of local 
        government as defined by the Secretary of Commerce for general 
        statistical purposes.
          ``(2) Certain like units required.--Notwithstanding paragraph 
        (1), in determining the meaning of such term for purposes of 
        this section--
                  ``(A) all counties (including parishes) shall be 
                treated as like governmental units;
                  ``(B) all cities shall be treated as like 
                governmental units;
                  ``(C) all townships shall be treated as like 
                governmental units; and
                  ``(D) all governmental units of other particular 
                types shall be treated as like governmental units of 
                such types.''.

``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; and
          ``(2) $20,000,000, to be granted by the Attorney General to 
        States and units of local government to develop and implement 
        antiterrorism training programs.

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

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

``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

  ``There is authorized to be appropriated to carry out this subpart 
$1,075,000,000 for fiscal year 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 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 (42 U.S.C. 3782), in subsection 
                (b)(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 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''.

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 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 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 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 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) Increase in Amounts Collected by Debt-Collection Activities That 
May Be Credited to Working Capital Fund.--Section 11013 of the 21st 
Century Department of Justice Appropriations Authorization Act (Public 
Law 107-273; 116 Stat. 1823; 28 U.S.C. 527 note) is amended by striking 
``3 percent'' and inserting ``6 percent''.
  (b) 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''.
  (c) 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)''.
  (d) 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.''.
  (e) 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) Family support.--Part W (42 U.S.C. 3796jj-3796jj-7).
          (3) 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--
                  (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(b)(1) of title 18, United States Code, is amended--
          (1) by striking ``the Immigration and Naturalization 
        Service'' and inserting ``the Department of Homeland 
        Security'';
          (2) by striking ``shall not exceed the lesser of the amount'' 
        and inserting ``shall be the amount billed, not to exceed the 
        amount'';
          (3) by striking ``items and services'' and all that follows 
        through ``the Medicare program'' and inserting ``items and 
        services under the Medicare program''; and
          (4) 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.
          ``(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.''.
  (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.
          ``(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 Office of Justice Programs, 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 Office of Justice Programs, 
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.''.
  (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. 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 paragraph (2). 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.
  ``(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 October 1, 2003; 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.

                  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 amended by moving it so that it follows 
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 40155 of Public Law 103-
322 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, is 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.

    Chairman Sensenbrenner. The Chair recognizes himself for 5 
minutes to explain the bill.
    Last Congress, I was pleased to introduce and help secure 
bipartisan passage of the 21st Century Department of Justice 
Authorization of Appropriations Act. For the first time in over 
2 decades, the Congress completely and comprehensively 
reauthorized the Department. During consideration of this 
legislation, I committed to pursuing a more regularized 
authorization process that ensures this committee provides the 
Justice Department with clear statutory guideline and 
continuous programmatic oversight.
    The formal reauthorization process ensures this committee's 
institutional knowledge is imparted not only to the Department, 
but to the Congressional appropriators. With an annual budget 
exceeding $22 billion, and a workforce of over 100,000 
employees, the Department of Justice is an institution whose 
size is eclipsed only by its vitality to the American people. 
The importance of the Department has only increased since the 
tragic events of September 11th, 2001.
    This committee has endeavored to provide the Department 
with the resources to carry out its mandate to assess, prevent 
and punish criminals and terrorists who threaten America's 
domestic security. At the same time, we have worked to ensure 
that the Department structure, management and priorities are 
tailored to best promote the purposes for which it was 
established. This bill advances this important goal.
    Over the last several months, the Committee has conducted 
several hearings to identify the needs and priorities of the 
Department. Early in June, the Judiciary Committee has a 
comprehensive oversight hearing with Attorney General Ashcroft, 
which examined the implementation of the PATRIOT Act and the 
Department's ongoing conduct of the war against terrorism.
    In April, the Subcommittee on Commercial and Administrative 
Law held a hearing on the DOJ's Executive Office of United 
States Attorneys, the Civil Division, the Environment and 
Natural Resources Division, the Executive Office for U.S. 
Trustees and the Office of the Solicitor General.
    In May, the Subcommittee on Crime, Terrorism and Homeland 
Security conducted two DOJ reauthorization hearings. The first 
considered the AFTE, FBI and DEA, while the second examined the 
Bureau of Prisons, the Office of Justice Programs, the U.S. 
Marshal Service and the Criminal Division.
    In early May, the Subcommittee on Immigration Border 
Security and Claims held a hearing entitled, ``War on 
Terrorism: Immigration Enforcement Since September 11th.'' 
Shortly afterwards, the Subcommittee on the Constitution 
conducted a hearing on reauthorization of the U.S. Department 
of Justice Civil Rights Division. Finally, in July, the 
committee's Task Force on Antitrust held an oversight hearing 
on the Antitrust Division.
    The legislation we consider today fully reflects the wealth 
of information obtained during these hearings.
    The bill is divided into three titles. The first title 
authorizes the Department of Justice appropriations requested 
by the President for the next 3 fiscal years. Title II makes 
several improvements to the Department's grant programs, 
including combining the Byrne Grant and LLEBG programs into a 
new Edward Byrne Memorial Justice Assistant Grant Program. 
Conditions for receiving these grants are delineated in this 
section.
    The title also creates a much-deserved Congressional medal 
and plaque for public safety officers who responded to the 
attacks of September 11th. It enhances regional information 
sharing, strengthens the integrity of national criminal record 
databases, and helps communities prevent and reduce violent 
crime and illegal drug use.
    Title III requires DOJ to justify its use of non-Federal 
property for training and conferences. This common-sense 
provision ensures the taxpayer funds for Department training 
and conferences will be spent in a manner that avoids 
unnecessary waste.
    Title III also establishes a dedicated privacy officer at 
the Department to ensure the Department utilizes technologies 
that do not erode privacy protections relating to the use, 
collection, and disclosure of personally identifiable 
information.
    I am pleased to have introduced this legislation with the 
co-sponsorship in support of Ranking Member Conyers. Bipartisan 
cooperation has been an important catalyst to ensure passage of 
the last Congress's reauthorization legislation. I would also 
like to note that, although this bill was officially introduced 
only yesterday, a version of it was sent to all member offices 
on July 18th with a note seeking comments.
    Additionally, both majority and minority staff have worked 
for several weeks together prior to this introduction yesterday 
by myself and the ranking member.
    I now recognize the gentleman from Michigan for whatever 
comments he chooses to make.
    Mr. Conyers. Thank you, Mr. Chairman.
    We, collectively, tip our hat to you, for after 2 decades, 
we now have an authorization bill coming out of Judiciary, and 
the management of the second- or third-largest agency in the 
Federal Government isn't up to a Committee on Appropriations, 
and it's very important that we do this, and I know that we 
will continue to do it, even if you may not be chairman in the 
next coming session. [Laughter.]
    Yes, I'll yield.
    Chairman Sensenbrenner. Will the gentleman yield?
    What was that again? [Laughter.]
    Mr. Conyers. You'll have to see the recorder for whatever 
comments I may have made there. I'm not repeating myself.
    Chairman Sensenbrenner. Without objection, the gentleman 
from Michigan will be permitted to revise and extend his 
remarks. [Laughter.]
    Mr. Conyers. We have here the work product of both staff on 
both sides and a number of the members. The couple things that 
we need to address through the amendment process is the 
gentleman from New York's amendment coming to deal with the 
COPS program, and another amendment will be required on the 
Child Support Recovery Act, and I ask unanimous consent to 
submit my remarks, unspoken, into the record.
    Chairman Sensenbrenner. Without objection.
    [The statement of Mr. Conyers follows:]

                  Statement of Hon. John Conyers, Jr.

    I commend the Chairman for defending this Committee's jurisdiction 
and for his bipartisanship. Prior to last year, this Committee has not 
authorized the Department of Justice in more than 20 years, instead 
leaving the responsibility to the appropriators to decide what DOJ 
programs should be authorized and their maximum funding level. This 
puts a serious cramp in our Committee's critical oversight function.
    To remedy this, the Chairman worked with the Democratic staff to 
draft bipartisan legislation based on a proposal from the Department. 
Aside from repealing archaic statutes and fixing errors in the law, the 
bill is the voice of the Committee on how the Justice Department should 
be funded.
    Among the changes from the Administration proposal are: (1) 
increased funding for the Office of the Inspector General, from $62 
million to $70 million; (2) the deletion of a provision narrowing the 
scope of beneficiaries of the Mychal Judge Act, which extended public 
safety officer benefits to chaplains; (3) increased authorization for 
grants to states for anti-terrorism training, from $10 million to $20 
million; and (4) the deletion of a provision giving DOJ unfettered 
authority to restructure the Office of Justice Programs without 
congressional authorization.
    This bill is not perfect, however. One major outstanding issue is 
how the Byrne formula grants and Local Law Enforcement Block Grants 
will be merged. The bill as it is appears to diminish the funding given 
to cities, even though they traditionally face a higher crime rate than 
other types of localities. I plan to work with the Chairman to rectify 
this and ensure that cities receive their fair share of grant funds.
    Two major issues were left out of the original bill and will be 
addressed through amendments today. First is the COPS program, an 
important initiative that fights crime through community policing. An 
amendment to be offered by Rep. Weiner will reauthorize COPS through 
fiscal year 2006. The second is the Child Support Recovery Act, which 
allows grants to states for developing and enforcing criminal 
interstate child support laws.
    I urge my colleagues to support this bill as it will be amended.

    Chairman Sensenbrenner. And without objection, all members 
may submit opening statements for inclusion into the record at 
this point.
    Chairman Sensenbrenner. Are there amendments?
    The gentleman from California, Mr. Schiff?
    Mr. Schiff. Mr. Chairman, I have an amendment at the desk. 
I'd like to take up Amendment .06 first.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3036, offered by Mr. Schiff.
    Title IV, DNA database enhancement. Section 401, short 
title----
    Mr. Schiff. Mr. Chairman, I would request consent that the 
amendment be deemed as read.
    Chairman Sensenbrenner. Without objection, so ordered.
    [Amendment .06 to H.R. 3036 of Mr. Schiff follows:]

              Amendment to H.R. 3036 Offered by Mr. Schiff

    Act the end of the bill, add the following new title:

                   TITLE IV--DNA DATABASE ENHANCEMENT

SEC. 401. SHORT TITLE.

  This title may be cited as the ``DNA Database Enhancement Act''.

SEC. 402. INCLUSION OF DNA SAMPLES FROM ALL PERSONS CONVICTED OF 
                    VIOLENT FELONIES.

  Section 2(b) of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135(b)) is amended in paragraph (3) by inserting before the 
semicolon at the end the following: ``, provided that each violent 
felony under the law of that State shall be treated for purposes of 
this section as a qualifying State offense''.

SEC. 403. AUTHORIZATION FOR STATES TO UPLOAD DNA SAMPLES COLLECTED IN A 
                    LAWFUL MANNER.

  Section 210304(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14132(a)) is amended--
          (1) in paragraph (1), by inserting ``arrested for or'' before 
        ``convicted of crimes'';
          (2) in paragraph (3), by striking ``; and'' at the end;
          (3) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
          (4) by adding at the end the following new paragraph:
          ``(5) analyses of DNA samples from other persons, as 
        authorized under the laws of the jurisdiction in which the 
        samples were collected.''.

SEC. 404. REQUIREMENT THAT LAW ENFORCEMENT OFFICERS BE ABLE TO COMPARE 
                    COLLECTED DNA SAMPLES WITH NATIONAL DATABASE.

  Section 2(b) of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135(b)), as amended by section 402, is further amended--
          (1) by striking ``and'' at the end of paragraph (4);
          (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(6) include a certification that the State does not, by 
        statute, rule, or regulation, prohibit or limit the comparison 
        by a law enforcement officer of (A) the results of a DNA 
        analysis carried out on a DNA sample lawfully obtained by such 
        officer with (B) the information in such Combined DNA Index 
        System.''.

SEC. 405. REAUTHORIZATION OF DNA BACKLOG GRANT PROGRAM.

  Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135(j)) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``and'' at the end of subparagraph 
                (B);
                  (B) by striking the period at the end of subparagraph 
                (C) and inserting ``: and''; and
                  (C) by adding at the end the following:
                  ``(D) such sums as many be necessary for fiscal years 
                after fiscal year 2003.''; and
          (2) in paragraph (2)--
                  (A) by striking ``and'' at the end of subparagraph 
                (C);
                  (B) by striking the period at the end of subparagraph 
                (D) and inserting ``: and''; and
                  (C) by adding at the end the following:
                  ``(E) such sums as many be necessary for fiscal years 
                after fiscal year 2004.''.

    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Schiff. I thank the chairman for yielding.
    This amendment provides for enhancement of the DNA database 
in the following respects:
    Prior legislation provides that States that collect 
analysis of DNA samples from each person convicted of a felony 
of a sexual nature. This amendment would broaden that provision 
to require that all individuals convicted of violent felonies 
would also have their DNA uploaded into the DNA database.
    Second, the measure also improves existing law in that 
current law only authorizes the inclusion of samples in CODIS 
from those convicted of felonies. This provision would 
facilitate crime solving and information sharing among local 
and State law enforcement agencies by permitting States, not 
requiring, but permitting States to also upload samples of a 
person preconviction, provided that the sample was taken 
lawfully.
    This is important because, while there is currently a ban 
on uploading samples from persons preconviction, many States 
already collect this information and store it in their State 
DNA databases. This would facilitate crime solving by 
permitting States to upload this and take advantage of the 
Federal database as well.
    And, finally, this would ensure that law enforcement can 
compare collected DNA samples with the national database. These 
three changes, which are similar to provisions that the 
administration has also embraced, will help us make use of 
perhaps one of the most powerful tools for solving unsolved 
violent crimes and, in many respects, one of the most 
underutilized tools in that process.
    So this, I think, will not only succeeded in helping us 
take murderers and rapists off the street, but resolve a lot of 
crimes that otherwise would go unsolved. And I would urge the 
Committee's support for the bill and reserve the balance of my 
time.
    Chairman Sensenbrenner. Anybody else wish to speak on this 
amendment?
    [No response.]
    Chairman Sensenbrenner. The question is on the adoption of 
the Schiff amendment.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The amendment 
is agreed to.
    Are there further amendments?
    Mr. Schiff. Mr. Chairman, I have another amendment.
    Chairman Sensenbrenner. The gentleman from California?
    Mr. Schiff. Amendment 061.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3036 offered by Mr. Schiff.
    At the end of Title II of the bill, add the following new 
section:
    Section ``blank.'' Report to Congress on----
    Mr. Schiff. Mr. Chairman, I would request consent that the 
amendment be deemed as read.
    Chairman Sensenbrenner. Without objection, so ordered.
    [Amendment 061 to H.R. 3036 of Mr. Schiff follows:]

              Amendment to H.R. 3036 Offered by Mr. Schiff

    At the end of title II of the bill, add the following new section:

SEC.__. 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;
          * * * * * * *
          (3) 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.

    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Schiff. Mr. Chairman and members, this amendment is 
relatively simple. It requires a report to Congress on the 
status of U.S. persons or residents detained on suspicion of 
terrorism, provides that every year, basically every 12 months, 
the Attorney General would submit to Congress a report on the 
status of persons that have been detained, specifying the 
number of such persons detained, for each person or resident so 
detained, would identify the person, state the basis of the 
detention, and finally would 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.
    This issue has been the subject of a number of hearings, in 
this committee and elsewhere, as we try to grapple with some of 
the detention policies that are part of the war on terrorism. 
In particular, when the Attorney General was in the Committee, 
he stated that the Department itself didn't determine the 
treatment of individuals as a criminal defendant or as an enemy 
combatant, but participated in the process and made 
recommendations.
    But we have yet to gain a better understanding from the 
administration about what the basis is for recommending that a 
person be treated as a criminal defendant or whether they be 
treated as an enemy combatant, and the consequence of that 
determination is very significant.
    If they're treated as a criminal defendant, they have the 
whole panoply of due process rights, the right to a jury trial, 
the right to cross-examination, et cetera. If, on the other 
hand, they are treated as an unlawful enemy combatant, as in 
the case of Jose Padilla, for example, an American citizen, 
then they can be detained indefinitely without access to 
counsel, according to the administration, without any jury 
trial or really any trial in a criminal court for that matter.
    I think it's important that the Congress vigorously oversee 
the detention issue and also the determination of enemy 
combatant status and really require that those standards be 
made public so that we can be assured they're not being made on 
an arbitrary basis or that merely being made on the basis of a 
lack of really strong evidence.
    Obviously, it would be problematic if the policy were that 
we will treat suspects as criminal defendants when we can 
prove, beyond a reasonable doubt, they have committed a crime, 
but where the evidence is weaker, and we cannot prove to that 
degree, we will designate them as an enemy combatant, and 
therefore not have to go forward with proof.
    So this would give the Congress, I think, a more complete 
sense of the numbers of people being detained and the basis, as 
well as the standards that the Justice Department is using to 
designate people as defendants or as enemy combatants, and I 
would urge the committee's support for the amendment and retain 
the balance of my time.
    Chairman Sensenbrenner. The question is on----
    Mr. Schiff. The gentleman from Indiana, Mr. Hostettler.
    Mr. Hostettler. Mr. Chairman, I would ask to strike the 
last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Hostettler. Mr. Chairman, I rise in opposition to a 
particular portion of the bill that I think would be 
detrimental to the war on terrorism, in that the Justice 
Department is not wanting to divulge the identity of an 
individual who may be under investigation for terrorism, the 
reason being that this information would potentially key 
terrorists or terrorist organizations as to obviously who is 
being investigated, and therefore what is going to be the 
nature of that investigation.
    And this information may be, as I said, very detrimental to 
the war on terrorism and specifically detrimental to the 
particular investigation, as well as informing the enemy of the 
plans of the United States Government regarding 
theinvestigation of a terrorist or, in this particular case, an alleged 
terrorist.
    So, Mr. Chairman, as the amendment stands now, I would 
oppose the amendment.
    Mr. Schiff. Will the gentleman yield?
    Mr. Hostettler. Yes, I will yield to the gentleman.
    Mr. Schiff. I would assume that when someone is arrested or 
detained, particularly if someone is arrested or detained as a 
criminal defendant, it is ultimately made a matter of public 
record because they have a right to counsel, they have a right 
to make a phone call, et cetera. And at some point this has to 
become a matter of public record.
    If the gentleman would be supportive of the bill, if 
amended, I would be happy to consider either, A, requiring that 
some of the information be reported to Congress, in the 
discretion of the Attorney General, in a classified form, or be 
that there be a reasonable time period upon which, after the 
detention occurs, that the report be made to Congress or a 
combination of both, if that would satisfy the gentleman's 
concerns.
    Mr. Hostettler. Reclaiming my time.
    In many cases, these individuals are, in fact, aliens that 
are being held for violation of immigration laws, and therefore 
the standard rules do not necessarily apply to them.
    Mr. Schiff. Does the gentleman support the bill, with the 
exclusion of Subsection 2, which would provide, rather, that 
the number of persons be detained be identified to the Congress 
and the standards be disclosed to the Congress?
    Mr. Hostettler. At this point, I would not oppose the 
amendment if it would strike Section 2, Subsection 2.
    Mr. Schiff. If I may, if the gentleman would yield further, 
what if we proposed to amend Section 2 that provides that for 
each person or resident so detained, identify the basis on 
which the person was detained, but take out the reference to 
identifying the person or resident?
    Mr. Hostettler. The basis would likewise be information 
that we would not necessarily want to divulge, publicly.
    Mr. Conyers. Would the gentleman from California yield?
    Chairman Sensenbrenner. The time belongs to the gentleman 
from Indiana.
    Mr. Hostettler. I yield to the gentleman from Michigan.
    Mr. Conyers. It occurs to me that this is a very important 
colloquy going on. And one way is to allow the Department 
itself to determine what should be classified and what should 
not be, which I think they'll do anyway. And that way we won't 
have to decide it for them on this particular morning in 
September. Let's just let the Department, they're not going to 
compromise their investigations. So I think it might settle the 
desires of both my colleagues on the committee.
    I thank the gentleman for yielding.
    Mr. Hostettler. Reclaiming my time. I would agree with the 
gentleman in that, if members of Congress, or even this 
committee, in a classified setting, wants to obtain this 
information, we can do it, but I think the publication of the 
information would not be helpful in other than a setting that 
is already available to members of Congress.
    Mr. Schiff. If the gentleman would yield, I would be happy 
to amend the language to provide that the information in 
Subsection 2 be provided in a classified form pursuant to the 
request of the Department of Justice and available on demand by 
the members of the Congress or the committee.
    Mr. Hostettler. Reclaiming my time.
    That is already available. I mean, as I said, the Congress 
already has the wherewithal to obtain this information, and I 
don't think we need to be adding another task to the burden of 
the war on terrorism in order to do something formally that can 
be done informally. And so I----
    Mr. Schiff. If the gentleman would yield one last time.
    Chairman Sensenbrenner. The gentleman's time has expired. 
The question----
    Mr. Conyers. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from Michigan, Mr. 
Conyers.
    Mr. Conyers. I rise in support of the amendment.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Conyers. I hope my colleague from California will just 
strike section 2, and maybe that will bring us all into a 
majority position on this subject.
    Mr. Schiff. Will the gentleman yield?
    Mr. Conyers. Yes, of course.
    Mr. Schiff. I would be glad to entertain the ranking 
member's section and strike Section 2 of the amendment.
    Chairman Sensenbrenner. Does the gentleman ask unanimous 
consent to strike Section 2 of the amendment?
    Mr. Schiff. Yes, Mr. Chairman.
    Chairman Sensenbrenner. Without objection, so ordered, and 
Section 2 is stricken.
    Mr. Conyers. Now, let me just conclude by pointing out that 
asking the Department of Justice for this information, some of 
my colleagues will be shocked to know, will be the biggest 
waste of time you could indulge yourselves in. They won't give 
it. And that's why we've got this measure before us. Not only 
that, they're shifting around hundreds of people from prison to 
prison. Their lawyers don't know where they are, their family 
doesn't know where they are. And guess what? Months later, they 
release them. They're never charged.
    So this amendment has to be regarded as a very important 
one, and I think the investigatory and other responsibilities 
of the Department of Justice will be satisfied by the striking 
of Section 2, and I hope that our colleagues will join us in 
this provision.
    I yield back.
    Mr. Scott. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. Move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Scott. Mr. Chairman, I also support the amendment and 
yield to the gentleman from California.
    Mr. Schiff. I thank the gentleman for yielding, and I just 
wanted to say, very briefly, I appreciate the point that was 
raised by my colleague on the other side, and I appreciate his 
support for the amendment, having extricated Section 2 of the 
bill, and would yield back the balance of my time.
    Mr. Scott. Yield back.
    Chairman Sensenbrenner. The question is on adoption of the 
Schiff amendment, as modified.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The 
amendment, as modified, is agreed to.
    Are there further amendments?
    The gentleman from California, Mr. Schiff.
    Mr. Schiff. Thank you, Mr. Chairman. One last amendment at 
the desk, 062.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3036 offered by Mr. Schiff.
    At the end of the bill, add the following new section, 
Section ``blank.''
    Mr. Coble. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from North Carolina.
    Mr. Coble. I reserve a point of order.
    The Clerk. Sentencing reform.
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read, subject to the reservation of the point of 
order by the gentleman from North Carolina.
    [Amendment 0623 to H.R. 3036 of Mr. Schiff follows:]

              Amendment to H.R. 3036 Offered by Mr. Schiff

    At the end of the bill, add the following new section:

SEC.__. SENTENCING REFORM.

    (a) In General.--Section 401 of the PROTECT Act (Public Law 108-21; 
117 Stat. 667) is amended by striking subsections (d), (h), and (n).
    (b) Amendments Undone.--The following provisions are each amended 
to read as that provision read immediately before the amendments to 
that provision by section 401 of the PROTECT Act were carried out:
          (1) Section 3742 of title 18, United States Code.
          (2) Section 994(w) of title 28, United States Code.
          (3) Section 991(a) of title 28, United States Code.

    Chairman Sensenbrenner. The gentleman from California is 
recognized for 5 minutes.
    Mr. Schiff. I thank the chairman.
    Mr. Chairman and members, in the final hours of 
consideration on the Amber Alert bill in the House, which 
became known as the PROTECT Act, there was an amendment offered 
that made substantial and far-reaching changes with regard to 
the sentencing guidelines.
    These changes were made without any careful review and 
consideration by this committee, without a single hearing on 
the subject in the committee. Neither the Judicial Conference 
nor the Sentencing Commission was provided with the fair 
opportunity to consider and comment on the proposal, and the 
changes were opposed by the Judicial Conference, and most 
notably, by Chief Justice William Rehnquist.
    They have had a significant impact on the administration of 
justice that should not be resolved without careful study and 
deliberation. This amendment repeals only a few of those 
provisions that go beyond the scope of the child abduction 
issues in the Amber bill. And in particular there are four 
provisions in that amendment that are affected by this 
amendment. The first goes to the standard of review.
    We altered in that PROTECT Act the standard of appellate 
court review of departure decisions from due deference 
regarding a sentencing judge's application of the guidelines to 
de novo review.
    Now, I was a prosecutor before the sentencing guidelines 
went into effect, and I was a prosecutor after they went into 
effect, and the sentencing guidelines dramatically constrained 
judicial discretion in sentencing. And that may very well have 
been the appropriate decision to make because of the wide 
disparity in sentences from one courtroom to another in the 
same courthouse, but to go beyond that, without adequate 
review, to take away a due deference standard and go to a 
complete blank slate de novo review is a dramatic further 
encroachment upon judicial discretion that I don't believe is 
sustained by any evidence of abuse of the departure system, and 
that kind of significant change should not be made by this 
Congress or this committee without a thoughtful review.
    So the first change to the bill the amendment would make 
would be to restore the standard of due deference to sentencing 
guideline departures.
    Second, the amendment restores the composition of the 
Sentencing Commission, which has seven members. Five of them 
are currently Federal judges. The law that we passed without 
review provides that no more than three of these Commission 
members may be Federal judges, and I think that restriction on 
judicial input was not well thought out as well.
    Finally, there is a change on the chief judge requirements. 
We imposed a requirement on the chief judge of every Federal 
District Court to report the specifics of individual sentencing 
decisions handed down within the district. This is an 
unnecessary additional burden placed on the Judicial branch.
    Moreover, some of these presentence reports are retained 
within the control of the Courts and the DOJ in order to 
protect the safety and privacy of people identified in the 
course of criminal prosecutions and sentencings, and the same 
concern the gentleman had about the broad release of that 
information I think militates against this provision.
    This is all the bill does. It does not affect the other 
provisions, such as downward departures in child abuse and sex 
offense cases. And, in fact, there was great ambiguity and 
uncertainty in the Senate, as the debate with Senator Hatch and 
others indicated, about whether these provisions went beyond 
the child sex offenses, with many of the Senators thinking they 
did not, but, in fact, the provision of the bill did go beyond 
those offenses. This amendment, once again, returns the Amber 
Alert bill to a focus on child abuse, child abduction, child 
sex offenses.
    So the untouched provisions are the downward departures in 
child abuse and sex offense cases, the explicit grounds for 
downward departure in child abuse and sex offense cases, the 
adjustment to substantive sex offense guidelines, acceptance 
responsibilities, report by the Attorney General, reform of 
permissible grounds of downward departure, resentencing after 
remand, specific written reasons for departure, all of these 
things remain untouched.
    It's merely the most sweeping provisions that were not 
discussed by this committee, that were not debated 
knowledgeably on the floor, that go to every Federal crime, 
when I don't think that was the expectation when we were 
dealing with the Amber Alert bill.
    So that is, in sum, what this amendment does, and I retain 
the balance of my time.
    Chairman Sensenbrenner. Does the gentleman yield back?
    Mr. Schiff. Yes, Mr. Chairman.
    Chairman Sensenbrenner. Does the gentleman from North 
Carolina insist on his point of order?
    Mr. Coble. I do, indeed.
    Chairman Sensenbrenner. The gentleman will state his point 
of order.
    Mr. Coble. Mr. Chairman, I make a point of order that the 
amendment is nongermane because it addresses matters not dealt 
with in the underlying bill. The bill does not address the 
sentencing provisions of the PROTECT Act.
    Mr. Schiff. Will the gentleman yield?
    Chairman Sensenbrenner. Does anybody wish to be heard on 
the point of order?
    Mr. Schiff. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from California.
    Mr. Schiff. I appreciate the opportunity to be heard.
    Mr. Chairman, in anticipation that this objection might be 
made, we worked with the Office of the Parliamentarian. And in 
the opinion of the staff of the Parliamentarian's Office, the 
amendment is, in fact, germane to the bill.
    And I would urge the committee, not only because I think we 
have good, professional counsel that it is germane, but perhaps 
even more importantly, the fact is that on these very sweeping 
changes to the sentencing laws going to every Federal crime, 
when we have the Chief Justice of the Supreme Court in 
opposition to the changes, as well as the Judicial Conference, 
and the Sentencing Commission itself has never had an 
opportunity to appear before this committee to testify on these 
proposals, we ought to have a hearing somewhere at some time, 
and this seems to me a logical point to do it.
    If the committee persists in the objection of germaneness, 
I would ask whether the chair would be willing to have a 
hearing and a markup on a bill on this nature so that, at some 
point, we may, in fact, have a reasoned discussion of this very 
important issue.
    Chairman Sensenbrenner. Anybody else wish to be heard on 
the point of order?
    [No response.]
    Chairman Sensenbrenner. In the opinion of the chair, the 
amendment offered by the gentleman from California is not 
germane, and H.R. 3036 deals with the reauthorization of 
appropriations for the Department of Justice. It does not deal 
with any part of the underlying criminal law, nor does it deal 
with anything relating to the Sentencing Commission.
    As a result, the amendment deals with matters that are not 
contained within the text of the original bill and is not 
germane under the rules of the House of Representatives, and 
the chair sustains the point of order of the gentleman from 
North Carolina.
    Are there further amendments?
    [No response.]
    Chairman Sensenbrenner. If there are no further amendments, 
the question is----
    Mr. Weiner. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from New York, Mr. 
Weiner?
    Mr. Weiner. Mr. Chairman, I have an amendment on the desk, 
the Koby Mandell Act amendment.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3036 offered by Mr. Weiner.
    At the end of the bill, add the following----
    Mr. Weiner. I ask unanimous consent that it be accepted as 
read, considered as read.
    Chairman Sensenbrenner. The chair will allow us to review 
this amendment, the clerk will continue to report the 
amendment.
    The Clerk. Title IV, Koby Mandell Act. Section 401, Short 
Title. This title may be cited as the Koby Mandell Act of 2003.
    Section 402, Findings. The Congress finds the following:
    One, numerous----
    Mr. Weiner. Mr. Chairman.
    The Clerk [continuing]. American citizens have been 
murdered or maimed by terrorists----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read.
    [The Koby Mandell Act amendment of Mr. Weiner follows:]

              Amendment to H.R. 3036 Offered by Mr. Weiner

    At the end of the bill, add the following new title:

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

SEC. 403. ETABLISHMENT 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.
          * * * * * * *
          (4) 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.
          (5) 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.
          (6) 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, such as the territories 
        controlled by the Palestinian Authority. The Office's 
        assessment shall then be provided to the Attorney General, 
        together with its recommendations.
          (7) 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.
          * * * * * * *
          (9) 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 2003 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.

    Chairman Sensenbrenner. The gentleman is recognized for 
five minutes.
    Mr. Weiner. Mr. Chairman, this is legislation that is 
intended to create a program, under the Department of Justice, 
to permit and, in fact, require the Department of Justice to 
more actively pursue information that may lead to the arrest 
and prosecution of those who engage in terrorist acts that 
result in the death of Americans overseas.
    As you know, there have been at least 39 Americans murdered 
by Palestinian terrorists in the Middle East. There have been 
at least two American teachers that were murdered and attacked 
in Indonesia in 2002. And what this legislation does is it 
permits and requires the Department of Justice to create a 
program that would maintain a website to work with foreign 
authorities to disseminate information, to create an awards 
program, to essentially pursue terrorists overseas and allow 
prosecutions to go on.
    This would close what has been a real weakness in our 
prosecutions so far. If you were to try to find information on 
some of these crimes, some of those that are wanted for these 
crimes, you'd have a difficult time doing it. This creates a 
program to allow the Department of Justice to maintain such a 
database.
    Chairman Sensenbrenner. Would the gentleman yield?
    Mr. Weiner. Yes, sir.
    Chairman Sensenbrenner. I believe the gentleman has offered 
a very constructive amendment, and I'm pleased to support it.
    Mr. Weiner. Thank you, Mr. Chairman. I yield to the 
gentleman from Michigan.
    Mr. Conyers. I'd be happy to join the chairman in support 
of your amendment.
    Mr. Weiner. I yield back the balance of my time and ask for 
a yes vote, and I call the question.
    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentleman from New York, Mr. Weiner.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The amendment 
is agreed to.
    Are there further amendments?
    The gentleman from New York, Mr. Weiner.
    Mr. Weiner. Mr. Chairman, I have an amendment at the desk. 
It's a COPS amendment. I don't even know what the number is.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3036 offered by Mr. Weiner and 
Mr. Meehan.
    At the end of the bill, add the following new section: 
Reform of COPS----
    Mr. Weiner. Mr. Chairman, I ask unanimous consent that the 
bill be considered as read.
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read.
    [The COPS amendment of Mr. Weiner and Mr. Meehan follows:]

      Amendment to H.R. 3036 Offered by Mr. Weiner and Mr. Meehan

    At the end of the bill, add the following new section:

SEC. __. REFORM OF ``COPS ON THE BEAT'' 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 striking subsections (b) and (c);
          (2) by redesignating subsection (d) as subsection (b), and in 
        that subsection--
                  (A) by striking ``Additional Grant Projects.--Grants 
                made under subsection (a) may include'' and inserting 
                ``Uses of Grant Amounts.--Grants made under subsection 
                (a) may be used for'';
                  (B) by redesignating paragraphs (1) through (12) as 
                paragraphs (4) through (15), respectively; and
                  (C) by inserting before paragraph (4) (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;'';
          (3) by redesignating subsections (e) through (k) as 
        subsections (c) through (i), respectively; and
          (4) in subsection (c) (as so redesignated) by striking 
        ``subsection (i)'' and inserting ``subsection (g)''.
  (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) $977,624,000 for fiscal year 2004;
          ``(ii) $997,176,000 for fiscal year 2005; and
          ``(iii) $1,017,119,000 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.

    Chairman Sensenbrenner. The gentleman from New York is 
recognized for 5 minutes.
    Mr. Weiner. Thank you, Mr. Chairman.
    Mr. Chairman, perhaps the most successful crime-fighting 
program that has been created by the Federal Government in many 
years was the COPS program. The COPS program recognized that it 
was time for the Federal Government to get off of the sideline 
and begin to help States and localities to actually put cops on 
the beat.
    It was arguably the most successful because it definitely 
contributed, I would argue it was the primary contributor, to 
the large reductions in crime we've had since.
    It has also been a very democratic--with a small ``d''--
program. There is not a single district in this country, not a 
single large city or small town that has not benefitted from 
the COPS program. The funds have been administered in a way 
that has provided benefits to police departments that have had 
as few as two or three police officers to those as large as the 
New York City Police Department.
    Since 2000, we have been operating without an authorization 
of this bill. Funding has been continued on some degrees, but 
in recent years, the hiring component of the legislation has 
been completely eliminated. Over 224 co-sponsors, including 
members on both sides of the aisle are supporting a 
reauthorization of the COPS program. And with the good offices 
of the chairman and staff on both sides, we have been in 
negotiations and discussions about ways to get the program 
fully authorized and to address some of the concerns that 
opponents of the bill have had.
    Some have suggested that, well, it's not necessary any more 
to have another 50,000 police officers. Maybe there are some 
police departments that want more flexibility to buy, perhaps, 
communication devices, to enhance technology and police cars. 
And we try to address those concerns in the reauthorization 
legislation by not binding localities to a specific hiring 
goal.
    The legislation that I have before you now is a result of 
the negotiations with the chairman and his staff to reach a 
number that is acceptable, and the number that we have used is 
last year's authorization level. It would allow categories of 
grants to be issued, again, administered by the COPS office.
    I believe that this is something that both sides of the 
aisle should be able to embrace. We have heard a great deal 
about the proposition made by the Secretary of Homeland 
Security that homeland security begins in our hometowns. All of 
us represent districts and States that are under increasing 
pressure because of the war on terrorism. Police officers on 
the beat, law enforcement tools, grants from the Federal 
Government are a way to ensure that those tools are brought to 
bear.
    This is a way for us, on this committee, to say that it is 
time for us to get the COPS program back up and running. It is 
not just me, as the sponsor, or the gentleman from 
Massachusetts as a co-sponsor. Over 224 of our colleagues have 
endorsed this. The Fraternal Order of Police, the International 
Association of Chiefs of Police, the International Brotherhood 
of Police Officers, organizations of all political stripes that 
deal with law enforcement are in support of this.
    And let me make one final point. It is very important that 
we, in this committee, send a message, frankly, to OMB that we 
are serious about this program. Attorney General Ashcroft is a 
supporter. Many of us are supporters. And, frankly, the 
chairman has shown, in his negotiations on this bill, that he 
is a supporter.
    The question now is are we going to fund this bill? The 
first step is to fully reauthorize it. We have a reasonable 
number for reauthorization, one that I believe the chairman 
supports, and I would urge my colleagues to support this 
program. It is going to be virtually impossible for us to go 
back to our districts and say that we are getting the Federal 
Government helping with homeland security if, at the very base 
level, we are not supporting the one successful programthat has 
hired police officers throughout all of our districts, and I urge a yes 
vote and yield back.
    Chairman Sensenbrenner. The chair recognizes himself for 5 
minutes.
    I believe that the amendment by the gentleman from New York 
is a step in the right direction. And the majority and minority 
staffs and the members have been negotiating out this issue. I 
believe, because we are 95-percent there, it would be a mistake 
to lock the committee in, either to this amendment or to an 
amendment in the nature of a substitute, which may very well be 
offered in terms of how we set up and how we fund the COPS 
program because that will show that there is a division in this 
committee about how the COPS program should be administered.
    Let me ask the gentleman from New York to consider 
withdrawing his amendment at this point in time, with a 
commitment that the chair will make no effort to move this bill 
to the floor of the House of Representatives until we reach an 
agreement on how to restructure, reform and fund the COPS 
program for the 3 fiscal years that are contained in this bill.
    I am awfully afraid that having a debate and vote on 
various approaches to the COPS program is going to end up being 
counterproductive in terms of convincing the Office of 
Management and Budget that we are serious about extending it. 
So you have my commitment, if the amendment is withdrawn at 
this point in time, that we are going to reach an agreement 
before this bill comes to the floor of the House, and we will 
be able, as a committee, to unanimously support what is 
contained in that agreement.
    Mr. Weiner. Will the gentleman yield?
    Chairman Sensenbrenner. I'm happy to yield.
    Mr. Weiner. Mr. Chairman, just so I understand, will there 
be a second separate markup on this provision or is it the 
intention to, I mean, in what form will we have an opportunity 
to revisit this issue? Because I take the gentleman at his 
word, and I----
    Chairman Sensenbrenner. Well, reclaiming my time.
    Mr. Weiner. Sure.
    Chairman Sensenbrenner. The clock is ticking on the 
adjournment of this session of Congress, and I'm afraid that if 
we go back and have a separate markup, rather than negotiating 
the matter out informally, we are going to adjourn without 
having this bill reach the floor of the House of 
Representatives, and that means that when OMB is putting 
together the budget that the President is supposed to submit at 
the end of January, they will not have the opportunity to have 
the advice of either this committee or of the entire House of 
Representatives.
    Now, we all know that this bill is not going to be enacted 
into law during 2003, and our aim is to get it enacted during 
2004, but I would like to be able to reach an agreement on this 
so that we can get a House vote before we get out of here. You 
have my commitment that even though the negotiations will go on 
informally and not in the context of a markup, I will tell the 
leadership that I do not want this bill to be brought up until 
we reach an agreement on what COPS provisions we will put in 
the bill.
    Mr. Conyers. Mr. Chairman.
    Chairman Sensenbrenner. I am happy to yield to the 
gentleman from Michigan.
    Mr. Conyers. Thank you for yielding.
    I am ambivalent about this offer that you made, but I think 
it's perhaps the better course of wisdom. Look, let's face it, 
it is not--this is not a healthy environment for people to be 
voting against COPS bills. That is pretty clear.
    But that having been said, I don't think we have to go over 
the cliff this morning on it. Most people here in the 
committee, apparently on both sides of the aisle, are 
supportive of continuing the police program. The question is 
what are the details that have to be worked out, and the 
committee process is not always the best place to do that.
    So I join with the chairman in urging that. His word has 
always been good. Let's get this thing worked out between usand 
have a unified front on this coming out of the Judiciary Committee.
    Thanks.
    Mr. Weiner. Would the gentleman yield for one additional 
moment?
    Chairman Sensenbrenner. I yield to the gentleman from New 
York.
    Mr. Weiner. Mr. Chairman, I thank you for the offer. And 
just given the negotiations that have gone on up to now, I have 
no doubt it is sincere.
    I have to tell you that I have, before I make the motion 
accordingly, we have had some very bitter experiences with 
things going to the Rules Committee and disappearing in the 
dead of night. Our best efforts to negotiate the PATRIOT Act is 
a perfect example.
    We've had very bitter experiences with the appropriators, 
who apparently don't have a great fondness for this program.
    I have a great deal of skepticism----
    Chairman Sensenbrenner. If the gentleman will yield.
    Mr. Weiner. Certainly.
    Chairman Sensenbrenner. The Rules Committee doesn't have 
jurisdiction over a bill until the committee report is filed. I 
file the committee report.
    Mr. Conyers. Mr. Chairman, could I advise the gentleman to 
keep hope alive? I mean, for goodness sake. [Laughter.]
    Mr. Weiner. Run, Conyers, run. [Laughter.]
    Let me just before, as I said, I was going to make a 
motion, and let us not forget something else. There has been an 
overt hostility towards this program from OMB. I mean, the 
Attorney General has come here and said, in the strongest 
language I've been able to find from anyone, about how 
successful this program has been and how he thinks it's a great 
tool, and yet every year when the budget is handed down, COPS 
is getting eviscerated.
    So I look forward to it, and I'm going to take your counsel 
on this, and you have been negotiating, up to now, in very good 
faith, and I think we're very close. I would argue we're close 
enough that probably a few more hours of discussion, and we'll 
have a resolution on this.
    And with unanimous consent, unless, I mean, I'm offering 
this with Mr. Meehan, but I would ask unanimous consent to 
withdraw the amendment at this time.
    Chairman Sensenbrenner. Without objection, so ordered. The 
amendment is withdrawn.
    Are there further amendments?
    [No response.]
    Chairman Sensenbrenner. If there are no further amendments, 
a reporting quorum is present, the question is on reporting the 
bill H.R. 3036 favorably as amended.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
motion to report favorably is agreed to. Without objection, the 
bill will be reported favorably to the House in the form of a 
single amendment in the nature of a substitute, incorporating 
the amendments adopted here today.
    Without objection, the chairman is authorized to move to go 
to conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all members will be given 2 days, as provided by the rules, 
in which to submit additional dissenting, supplemental or 
minority views.

                                
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