[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2484 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2484

To combat violent and gang-related crime in schools and on the streets, 
  to reform the juvenile justice system, target international crime, 
  promote effective drug and other crime prevention programs, assist 
                 crime victims, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 1998

Mr. Leahy (for himself, Mr. Daschle, Mr. Biden, Ms. Moseley-Braun, Mr. 
  Kennedy, Mr. Kerry, Mr. Lautenberg, Ms. Mikulski, Mr. Bingaman, Mr. 
   Reid, Mrs. Murray, Mr. Dorgan, and Mr. Torricelli) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To combat violent and gang-related crime in schools and on the streets, 
  to reform the juvenile justice system, target international crime, 
  promote effective drug and other crime prevention programs, assist 
                 crime victims, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe Schools, Safe 
Streets, and Secure Borders Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
  TITLE I--COMBATING VIOLENCE IN SCHOOLS AND PUNISHING JUVENILE CRIME

                   Subtitle A--Assistance to Schools

Sec. 1001. School resource officers.
Sec. 1002. Establishment of School Security Technology Center.
Sec. 1003. Grants for local school security programs.
Sec. 1004. Safe and secure school advisory report.
    Subtitle B--Federal Prosecution of Serious and Violent Juvenile 
                               Offenders

               Part 1--Reform of Federal Juvenile System

Sec. 1210. Delinquency proceedings or criminal prosecutions in district 
                            courts.
Sec. 1211. Applicability of statutory minimums to juveniles 16 years 
                            and older and limitation as to younger 
                            juveniles.
Sec. 1212. Conforming amendment to definitions section.
Sec. 1213. Custody prior to appearance before judicial officer.
Sec. 1214. Technical and conforming amendments to section 5034.
Sec. 1215. Speedy trial for detained juveniles pending delinquency 
                            proceedings; reinstituting dismissed cases.
Sec. 1216. Disposition; availability of increased detention, fines, and 
                            supervised release for juvenile offenders.
Sec. 1217. Access to juvenile records.
Sec. 1218. Technical amendments of section 5034.
Sec. 1219. Definitions.
        Part 2--Incarceration of Juveniles in the Federal System

Sec. 1220. Detention of juveniles prior to disposition or sentencing.
Sec. 1221. Rules governing the commitment of juveniles.
Subtitle C--Assistance to States for Prosecuting and Punishing Juvenile 
                 Offenders, and Reducing Juvenile Crime

Sec. 1300. Juvenile and violent offender incarceration grants.
Sec. 1301. Certain punishment and graduated sanctions for youth 
                            offenders.
Sec. 1302. Pilot program to promote replication of recent successful 
                            juvenile crime reduction strategies.
Sec. 1303. Reimbursement of States for costs of incarcerating juvenile 
                            alien offenders.
           Subtitle D--Protecting Children From Gun Violence

                          Part 1--Gun Offenses

Sec. 1410. Gun ban for dangerous juvenile offenders.
Sec. 1411. Improving firearms safety.
Sec. 1412. Enhanced penalties for discharging or possessing a firearm 
                            during a crime of violence or drug 
                            trafficking crime.
Sec. 1413. Juvenile handgun safety.
Sec. 1414. Serious juvenile drug offenses as armed career criminal 
                            predicates.
Sec. 1415. Increased penalty for transferring a firearm to a minor for 
                            use in crime of violence or drug 
                            trafficking crime.
Sec. 1416. Increased penalty for firearms conspiracy.
             Part 2--Local Gun Violence Prevention Programs

Sec. 1421. Competitive grants for children's firearm safety education.
Sec. 1422. Dissemination of best practices via the Internet.
Sec. 1423. Amendment to Safe and Drug-Free Schools and Communities Act 
                            of 1994 to provide counseling after gun-
                            related violence.
Sec. 1424. Youth crime gun interdiction initiative.
Sec. 1425. Grant priority for tracing of guns used in crimes by 
                            juveniles.
                      Part 3--Juvenile Gun Courts

Sec. 1431. Definitions.
Sec. 1432. Grant program.
Sec. 1433. Applications.
Sec. 1434. Grant awards.
Sec. 1435. Use of grant amounts.
Sec. 1436. Grant limitations.
Sec. 1437. Federal share.
Sec. 1438. Report and evaluation.
Sec. 1439. Authorization of appropriations.
                     Part 4--Youth Violence Courts

Sec. 1440. Creation of youth violence courts.
                   TITLE II--COMBATING GANG VIOLENCE

       Subtitle A--Enhanced Penalties for Gang-Related Activities

Sec. 2100. Gang franchising.
Sec. 2101. Enhanced penalty for use or recruitment of minors in gangs.
Sec. 2102. Gang franchising as a RICO predicate.
Sec. 2103. Increase in offense level for participation in crime as gang 
                            member.
Sec. 2104. Enhanced penalty for possession of firearms in relation to 
                            counts of violence or drug trafficking 
                            crimes.
Sec. 2105. Punishment of arsons or bombings at facilities receiving 
                            Federal financial assistance.
Sec. 2106. Elimination of statute of limitations for murder.
Sec. 2107. Extension of statute of limitations for violent and drug 
                            trafficking crimes.
Sec. 2108. Increased penalties under the RICO law for gang and violent 
                            crimes.
Sec. 2109. Increased penalty and broadened scope of statute against 
                            violent crimes in aid of racketeering.
Sec. 2110. Facilitating the prosecution of carjacking offenses.
Sec. 2111. Facilitation of RICO prosecutions.
Sec. 2112. Forfeiture for crimes of violence, racketeering, and 
                            obstruction of justice.
Sec. 2113. Expansion of definition of ``racketeering activity'' to 
                            affect gangs in Indian country.
Sec. 2114. Authority to investigate serial killings.
Sec. 2115. Increased penalties for violence in the course of riot 
                            offenses.
Sec. 2116. Expansion of Federal jurisdiction over crimes occurring in 
                            private penal facilities housing Federal 
                            prisoners or prisoners from other States.
            Subtitle B--Targeting Gang-Related Gun Offenses

Sec. 2200. Transfer of firearm to commit a crime of violence.
Sec. 2201. Increased penalty for knowingly receiving firearm with 
                            obliterated serial number.
Sec. 2202. Amendment of the sentencing guidelines for transfers of 
                            firearms to prohibited persons.
Sec. 2203. Forfeiture of firearms used in crimes of violence and 
                            felonies.
Subtitle C--Using and Protecting Witnesses To Help Prosecute Gangs and 
                        Other Violent Criminals

Sec. 2300. Interstate travel to engage in witness intimidation or 
                            obstruction of justice.
Sec. 2301. Expanding pretrial detention eligibility for serious gang 
                            and other violent criminals.
Sec. 2302. Conspiracy penalty for obstruction of justice offenses 
                            involving victims, witnesses, and 
                            informants.
Sec. 2303. Clarification of prosecutorial authority to enter 
                            cooperation agreements.
Sec. 2304. Allowing a reduction of sentence for providing useful 
                            investigative information although not 
                            regarding a particular individual.
Sec. 2305. Increasing the penalty for using physical force to tamper 
                            with witnesses, victims, or informants.
Sec. 2306. Expansion of Federal kidnapping offense to cover when death 
                            of victim occurs before crossing State line 
                            and when facility in interstate commerce or 
                            the mails are used.
Sec. 2307. Assaults or other crimes of violence for hire.
Sec. 2308. Clarification of interstate threat statute to cover threats 
                            to kill.
Sec. 2309. Conforming amendment to law punishing obstruction of justice 
                            by notification of existence of a subpoena 
                            for records in certain types of 
                            investigations.
Sec. 2310. Elimination of proof of value requirement for felony theft 
                            or conversion of grand jury material.
                     Subtitle D--Gang Paraphernalia

Sec. 2400. Streamlining procedures for law enforcement access to clone 
                            numeric pagers.
Sec. 2401. Sentencing enhancement for using body armor in commission of 
                            a felony.
Sec. 2402. Sentencing enhancement for using laser sighting devices in 
                            commission of a felony.
Sec. 2403. Government access to location information.
Sec. 2404. Limitation on obtaining transactional information from pen 
                            registers or trap and trace devices.
     Subtitle E--Grants To Target Gang Crime and Violent Juveniles

                 Part 1--Grants to Prosecutors' Offices

Sec. 2510. Authority to make grants to prosecutors to combat gang crime 
                            and youth violence.
Sec. 2511. Recipients.
Sec. 2512. Authorization of appropriations.
Sec. 2513. Training, technical assistance, research, statistics, and 
                            evaluation.
         Part 2--High Intensity Interstate Gang Activity Areas

Sec. 2520. High intensity interstate gang activity areas.
              TITLE III--COMBATING VIOLENCE ON THE STREETS

              Subtitle A--More Police Officers on the Beat

Sec. 3100. More police officers on the beat.
Sec. 3101. Grants for equipment, technology, and support systems.
Sec. 3102. National community police.
Sec. 3103. Technical amendment.
  Subtitle B--Violent Offender Incarceration and Truth-in-Sentencing 
                                 Grants

Sec. 3200. Formula allocations.
Sec. 3201. Extension of violent offender incarceration and truth-in-
                            sentencing grants.
                     Subtitle C--Domestic Violence

Sec. 3300. Extension of Violence Against Women Act.
Sec. 3301. Rural domestic violence and child abuse enforcement 
                            assistance.
Sec. 3302. Punishment of attempts to commit interstate domestic 
                            violence offense.
Sec. 3303. Expansion of interstate domestic violence offense to cover 
                            intimidation.
Sec. 3304. Punishment of interstate travel with intent to kill spouse.
            Subtitle D--Assistance to Local Law Enforcement

Sec. 3400. Extension of law enforcement family support funding.
Sec. 3401. Extension of rural drug enforcement and training funding.
Sec. 3402. Extension of DNA identification grants funding.
Sec. 3403. Extension of Byrne grant funding.
Sec. 3404. Extension of technical automation grant funding.
Sec. 3405. Extension of grants for State court prosecutors.
   Subtitle E--Protecting Federal, State, and Local Law Enforcement 
                       Officers and the Judiciary

Sec. 3500. Expansion of protection of Federal officers and employees 
                            from murder due to their status.
Sec. 3501. Assaulting, resisting, or impeding certain officers or 
                            employees.
Sec. 3502. Influencing, impeding, or retaliating against a Federal 
                            official by threatening a family member.
Sec. 3503. Mailing threatening communications.
Sec. 3504. Amendment of the sentencing guidelines for assaults and 
                            threats against Federal judges and certain 
                            other Federal officials and employees.
Sec. 3505. Extension of Bulletproof Vest Partnership Grant Act.
Sec. 3506. Killing persons aiding Federal investigations or State 
                            correctional officers.
Sec. 3507. Killing State correctional officers.
Sec. 3508. Federal law enforcement officers' good samaritan protection.
Sec. 3509. Establishment of protective function privilege.
      Subtitle F--Extension of Violent Crime Reduction Trust Fund

Sec. 3600. Extension of Violent Crime Reduction Trust Fund.
     Subtitle G--Punishing Hate Crimes and Protecting Civil Rights

Sec. 3700. Punishing hate crimes.
Sec. 3701. Attempted deprivation of civil rights under color of law.
Sec. 3702. Hate Crimes Statistics Act.
Sec. 3703. Improvement of hate crimes sentencing procedure.
                   Subtitle H--Deterring Cargo Theft

Sec. 3800. Punishment of cargo theft.
Sec. 3801. Reports to Congress on cargo theft.
Sec. 3802. Establishment of Advisory Committee on Cargo Theft.
Sec. 3803. Addition of attempted theft and counterfeiting offenses to 
                            eliminate gaps and inconsistencies in 
                            coverage.
Sec. 3804. Clarification of scienter requirement for receiving property 
                            stolen from an Indian tribal organization.
Sec. 3805. Larceny involving post office boxes and postal stamp vending 
                            machines.
Sec. 3806. Expansion of Federal theft offenses to cover theft of 
                            vessels.
            Subtitle I--Improvements to Federal Criminal Law

                    Part 1--Sentencing Improvements

Sec. 3910. Application of sentencing guidelines to all pertinent 
                            statutes.
Sec. 3911. Doubling maximum penalty for voluntary manslaughter.
Sec. 3912. Authorization of imposition of both a fine and imprisonment 
                            rather than only either penalty in certain 
                            offenses.
Sec. 3913. Addition of supervised release violation as predicates for 
                            certain offenses.
Sec. 3914. Authority of court to impose a sentence of probation or 
                            supervised release when reducing a sentence 
                            of imprisonment in certain cases.
Sec. 3915. Increased penalty for racketeering activity.
        Part 2--Additional Improvements to Federal Criminal Law

Sec. 3920. False advertising or misuse of name to indicate United 
                            States Marshals Service.
Sec. 3921. Violence directed at dwellings in Indian country.
Sec. 3922. Corrections to Amber Hagerman Child Protection Act.
Sec. 3923. Elimination of ``bodily harm'' element in assault with a 
                            dangerous weapon offense.
Sec. 3924. Appeals from certain dismissals.
Sec. 3925. Authority for injunction against disposal of ill-gotten 
                            gains from violations of fraud statutes.
Sec. 3926. Expansion of interstate travel fraud statute to cover 
                            interstate travel by perpetrator.
Sec. 3927. Clarification of scope of unauthorized selling of military 
                            medals or decorations.
Sec. 3928. Amendment to section 669 to conform to Public Law 104-294.
Sec. 3929. Expansion of jurisdiction over child buying and selling 
                            offenses.
Sec. 3930. Assault as a RICO predicate.
Sec. 3931. Limits on disclosure of wiretap orders.
Sec. 3932. Technical amendments relating to criminal law and procedure.
                  TITLE IV--PREVENTING JUVENILE CRIME

               Subtitle A--Grants to Youth Organizations

Sec. 4001. Grant program.
Sec. 4002. Grants to national organizations.
Sec. 4003. Grants to States.
Sec. 4004. Allocation; grant limitation.
Sec. 4005. Report and evaluation.
Sec. 4006. Authorization of appropriations.
     Subtitle B--``Say No to Drugs'' Community Centers Act of 1997

Sec. 4201. Short title; definitions.
Sec. 4202. Grant requirements.
Sec. 4203. Authorization of appropriations.
               Subtitle C--Missing and Exploited Children

Sec. 4301. Amendments to the Missing Children's Assistance Act.
 Subtitle D--Reauthorization of Incentive Grants for Local Delinquency 
                          Prevention Programs

Sec. 4401. Incentive grants for local delinquency prevention programs.
Sec. 4402. Research, evaluation, and training.
   Subtitle E--Reauthorization of the Runaway and Homeless Youth Act

Sec. 4501. Runaway and Homeless Youth Act.
Sec. 4502. Authorization of appropriations.
         Subtitle F--Authorization of Anti-Drug Abuse Programs

Sec. 4601. Drug education and prevention relating to youth gangs.
Sec. 4602. Drug education and prevention program for runaway and 
                            homeless youth.
                   Subtitle G--Jump Ahead Act of 1998

Sec. 4701. Short title.
Sec. 4702. Findings.
Sec. 4703. Juvenile mentoring grants.
Sec. 4704. Implementation and evaluation grants.
Sec. 4705. Evaluations; reports.
                     Subtitle H--Truancy Prevention

Sec. 4801. Short title.
Sec. 4802. Findings.
Sec. 4803. Grants.
   Subtitle I--Juvenile Crime Control and Delinquency Prevention Act

Sec. 4901. Short title.
Sec. 4902. Findings.
Sec. 4903. Purpose.
Sec. 4904. Definitions.
Sec. 4905. Name of office.
Sec. 4906. Concentration of Federal effort.
Sec. 4907. Allocation.
Sec. 4908. State plans.
Sec. 4909. Juvenile delinquency prevention block grant program.
Sec. 4910. Research; evaluation; technical assistance; training.
Sec. 4911. Demonstration projects.
Sec. 4912. Authorization of appropriations.
Sec. 4913. Administrative authority.
Sec. 4914. Use of funds.
Sec. 4915. Limitation on use of funds.
Sec. 4916. Rules of construction.
Sec. 4917. Leasing surplus Federal property.
Sec. 4918. Issuance of rules.
Sec. 4919. Technical and conforming amendments.
Sec. 4920. References.
                 TITLE V--DRUG TESTING AND INTERVENTION

                 Subtitle A--Combating Drugs in Prisons

Sec. 5001. Short title.
Sec. 5002. Additional requirements for the use of funds under the 
                            violent offender incarceration and truth-
                            in-sentencing incentive grant programs.
Sec. 5003. Use of residential substance abuse treatment grants to 
                            provide for services during and after 
                            incarceration.
          Subtitle B--Protecting Children From Dangerous Drugs

                 Part 1--Targeting Serious Drug Crimes

Sec. 5101. Increased penalties for using minors to distribute drugs.
Sec. 5102. Increased penalties for distributing drugs to minors.
Sec. 5103. Increased penalty for drug trafficking in or near a school 
                            or other protected location.
Sec. 5104. Increased penalties for using Federal property to grow or 
                            manufacture controlled substances.
Sec. 5105. Clarification of length of supervised release terms in 
                            controlled substance cases.
Sec. 5106. Supervised release period after conviction for continuing 
                            criminal enterprise.
                  Part 2--Comprehensive Drug Education

Sec. 5110. Extension of safe and drug-free schools and communities 
                            program.
                  Part 3--Drug Treatment for Juveniles

Sec. 5111. Drug treatment for juveniles.
                  Part 4--Rescheduling Dangerous Drugs

Sec. 5112. Rescheduling of ``club'' drugs.
Sec. 5113. Attorney General authority to reschedule certain drugs 
                            posing imminent danger to public safety.
                        Subtitle C--Drug Courts

Sec. 5201. Reauthorization of drug courts program.
Sec. 5202. Juvenile drug courts.
    Subtitle D--Development of Medicines for the Treatment of Drug 
                               Addiction

                    Part 1--Pharmacotherapy Research

Sec. 5301. Reauthorization for medication development program.
            Part 2--Patent Protections for Pharmacotherapies

Sec. 5302. Recommendation for investigation of drugs.
Sec. 5303. Designation of drugs.
Sec. 5304. Protection for drugs.
Sec. 5305. Open protocols for investigations of drugs.
  Part 3--Encouraging Private Sector Development of Pharmacotherapies

Sec. 5306. Development, manufacture, and procurement of drugs for the 
                            treatment of addiction to illegal drugs.
                Subtitle E--National Drug Control Policy

   Part 1--Reauthorization of Office of National Drug Control Policy

Sec. 5401. Definitions.
Sec. 5402. Office of National Drug Control Policy.
Sec. 5403. Appointment and duties of Director and Deputy Directors.
Sec. 5404. Coordination with National Drug Control Program agencies in 
                            demand reduction, supply reduction, and 
                            State and local affairs.
Sec. 5405. Development, submission, implementation, and assessment of 
                            National Drug Control Strategy.
Sec. 5406. High-intensity drug trafficking areas program.
Sec. 5407. Counter-Drug Technology Assessment Center.
Sec. 5408. President's Council on Counter-Narcotics.
Sec. 5409. Parents Advisory Council on Youth Drug Abuse.
Sec. 5410. Drug interdiction.
Sec. 5411. Report on an alliance against narcotics trafficking in the 
                            Western Hemisphere.
Sec. 5412. Establishment of Special Forfeiture Fund.
Sec. 5413. Technical and conforming amendments.
Sec. 5414. Authorization of appropriations.
Sec. 5415. Termination of Office of National Drug Control Policy.
                       Part 2--State Initiatives

Sec. 5416. Study on effects of California and Arizona drug initiatives.
Subtitle F--Improving Effectiveness of Youth Crime and Drug Prevention 
                                Efforts

Sec. 5501. Comprehensive study by National Academy of Science.
Sec. 5502. Evaluation of crime prevention programs.
Sec. 5503. Evaluation and research criteria.
Sec. 5504. Compliance with evaluation mandate.
Sec. 5505. Reservation of amounts for evaluation and research.
Sec. 5506. Sense of Senate regarding funding for programs determined to 
                            be ineffective.
                   TITLE VI--CRIMINAL HISTORY RECORDS

              Subtitle A--National Criminal History Access

Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Definitions.
Sec. 6004. Enactment and consent of the United States.
Sec. 6005. Effect on other laws.
Sec. 6006. Enforcement and implementation.
Sec. 6007. National Crime Prevention and Privacy Compact.
 Subtitle B--State Grant Program for Criminal Justice Identification, 
                     Information, and Communication

Sec. 6101. Short title.
Sec. 6102. State grant program.
 TITLE VII--ENHANCEMENT OF RIGHTS AND PROTECTIONS FOR VICTIMS OF CRIME

                  Subtitle A--Crime Victims Assistance

Sec. 7001. Definitions.
         subpart a--amendments to title 18, united states code
Sec. 7111. Right to be notified of detention hearing and right to be 
                            heard on the issue of detention.
Sec. 7112. Right to a speedy trial and prompt disposition free from 
                            unreasonable delay.
Sec. 7113. Enhanced right to order of restitution.
Sec. 7114. Enhanced right to be notified of escape or release from 
      subpart b--amendments to federal rules of criminal procedure
Sec. 7121. Right to be notified of plea agreement and to be heard on 
                            merits of the plea agreement.
Sec. 7122. Enhanced rights of notification and allocution at 
                            sentencing.
Sec. 7123. Rights of notification and allocution at a probation 
           subpart c--amendment to federal rules of evidence
Sec. 7131. Enhanced rightsubpart d--exceptionsal.
Sec. 7141. Exceptsubpart e--remedies for noncompliance
Sec. 7151. Remedies fosubpart f--victims of fraud
Sec. 7161. Regulations.
    Part 2--Assistance to Victims of Federal, State, and Local Crime

Sec. 7201. Increase in victim assistance personnel.
Sec. 7202. Increased training for State and local law enforcement, 
                            State court personnel, and officers of the 
                            court to respond effectively to the needs 
                            of victims of crime.
Sec. 7203. Increased resources for State and local law enforcement 
                            agencies, courts, and prosecutors' offices 
                            to develop state-of-the-art systems for 
                            notifying victims of crime of important 
                            dates and developments.
Sec. 7204. Pilot programs to establish ombudsman programs for crime 
                            victims.
Sec. 7205. Amendments to Victims of Crime Act of 1984.
Sec. 7206. Services for victims of crime and domestic violence.
Sec. 7207. Pilot program to study effectiveness of restorative justice 
                            approach on behalf of victims of crime.
       Subtitle B--Crime Victims With Disabilities Awareness Act

Sec. 7301. Short title.
Sec. 7302. Findings; purposes.
Sec. 7303. Definition of developmental disability.
Sec. 7304. Study.
Sec. 7305. National crime victims' survey.
                 Subtitle C--Victims of Juvenile Crimes

Sec. 7401. Victims of juvenile crimes.
                 TITLE VIII--COMBATING MONEY LAUNDERING

Sec. 8001. Short title.
Sec. 8002. Illegal money transmitting businesses.
Sec. 8003. Restraint of assets of persons arrested abroad.
Sec. 8004. Access to records in bank secrecy jurisdictions.
Sec. 8005. Civil money laundering jurisdiction over foreign persons.
Sec. 8006. Punishment of laundering money through foreign banks.
Sec. 8007. Addition of serious foreign crimes to list of money 
                            laundering predicates.
Sec. 8008. Criminal forfeiture for money laundering conspiracies.
Sec. 8009. Fungible property in foreign bank accounts.
Sec. 8010. Subpoenas for bank records.
Sec. 8011. Fugitive disentitlement.
Sec. 8012. Admissibility of foreign business records.
Sec. 8013. Charging money laundering as a course of conduct.
Sec. 8014. Venue in money laundering cases.
Sec. 8015. Technical amendment to restore wiretap authority for certain 
                            money laundering offenses.
Sec. 8016. Criminal penalties for violations of anti-money laundering 
                            orders.
Sec. 8017. Encouraging financial institutions to notify law enforcement 
                            authorities of suspicious financial 
                            transactions.
Sec. 8018. Coverage of foreign bank branches in the territories.
Sec. 8019. Conforming statute of limitations amendment for certain bank 
                            fraud offenses.
Sec. 8020. Jurisdiction over certain financial crimes committed abroad.
                TITLE IX--COMBATING INTERNATIONAL CRIME

 Subtitle A--Investigating and Punishing Violent Crimes Against United 
                        States Nationals Abroad

Sec. 9001. Murder and extortion against United States nationals abroad 
                            in furtherance of organized crime.
Sec. 9002. Murder or serious assault of a State or local official 
                            abroad.
       Subtitle B--Denying Safe Havens to International Criminals

Sec. 9101. Extradition for offenses not covered by a list treaty.
Sec. 9102. Extradition absent a treaty.
Sec. 9103. Technical and conforming amendments.
Sec. 9104. Temporary transfer of persons in custody for prosecution.
Sec. 9105. Transfer of foreign prisoners to serve sentences in country 
                            of origin.
Sec. 9106. Transit of fugitives for prosecution in foreign countries.
    Subtitle C--Seizing and Forfeiting the Assets of International 
                               Criminals

Sec. 9201. Forfeiture of assets in international money laundering and 
                            drug crimes.
Sec. 9202. Authority to order convicted criminals to return property 
                            located abroad.
Sec. 9203. Enforcement of foreign forfeiture judgments.
Sec. 9204. Criminal and civil penalties under the International 
                            Emergency Economic Powers Act.
Sec. 9205. Attempted violations of the Trading with the Enemy Act.
     Subtitle D--Responding to Emerging International Crime Threats

                  Part 1--Computer and High-Tech Crime

Sec. 9310. Enhanced authority to investigate computer fraud and attacks 
                            on computer systems.
Sec. 9311. Law enforcement access to stored information on computer 
                            networks. 
                  Part 2--Enhancing Antiterrorism Laws

Sec. 9320. Extension of authority.
Sec. 9321. Clarification of biological weapons definitions.
Sec. 9322. Punishment of threats to use chemical weapons.
     Subtitle E--Promoting Global Cooperation in the Fight Against 
                          International Crime

Sec. 9401. Sharing proceeds of joint forfeiture operations with 
                            cooperating foreign agencies.
Sec. 9402. Streamlined procedures for execution of MLAT requests.
Sec. 9403. Temporary transfer to foreign country of incarcerated 
                            witnesses.
Sec. 9404. Discretionary authority to use forfeiture proceeds.
     Subtitle F--Streamlining the Investigation and Prosecution of 
              International Crimes in United States Courts

Sec. 9501. Reimbursement of State and local law enforcement agencies in 
                            international crime cases.
Sec. 9502. Strengthen war crimes offense.
Sec. 9503. Safe conduct for foreign witnesses testifying in United 
                            States courts.
Sec. 9504. Prohibiting fugitives from benefiting from time served 
                            abroad.
Sec. 9505. Suspension of statute of limitations for collection of 
                            evidence located abroad.
Sec. 9506. Clarification of discretionary nature of payments to 
                            informants.
Sec. 9507. Criminal offenses committed outside the United States by 
                            persons accompanying the Armed Forces.
  TITLE X--STRENGTHENING THE AIR, LAND, AND SEA BORDERS OF THE UNITED 
                                 STATES

       Subtitle A--Violence Committed Along United States Borders

Sec. 10001. Felony punishment for violence committed along the United 
                            States borders.
Subtitle B--Strengthening Maritime Law Enforcement Along United States 
                                Borders

Sec. 11001. Sanctions for failure to heave to, obstructing a lawful 
                            boarding, and providing false information.
Sec. 11002. Civil penalties to support maritime law enforcement.
Sec. 11003. Customs orders.
     Subtitle C--Smuggling of Contraband and Other Illegal Products

Sec. 12001. Smuggling contraband and other goods from the United 
                            States.
Sec. 12002. Controlling illicit liquor trafficking.
Sec. 12003. Strengthening of statute punishing evasion or embezzlement 
                            of customs duties.
Sec. 12004. False certifications relating to exports.
  Subtitle D--Strengthening Immigration Laws To Exclude International 
                    Criminals From the United States

Sec. 13001. Inadmissibility of persons fleeing prosecution in other 
                            countries.
Sec. 13002. Inadmissibility of persons involved in racketeering and 
                            arms trafficking.
Sec. 13003. Inadmissibility of persons who have benefited from illicit 
                            activities of drug traffickers.
Sec. 13004. Inadmissibility of persons involved in international alien 
                            smuggling.
                      Subtitle E--Alien Smuggling

Sec. 14001. Forfeiture for alien smuggling.
       Subtitle F--Trafficking in Chemicals Used To Produce Drugs

Sec. 15001. Import and export of chemicals used to produce illicit 
                            drugs.
                      Subtitle G--Arms Trafficking

Sec. 16001. Enhanced tools to investigate illicit arms trafficking.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (2) Indian tribe.--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.
            (3) Juvenile.--The term ``juvenile'' has the meaning given 
        that term under applicable State law.
            (4) State.--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.
            (5) Unit of local government.--The term ``unit of local 
        government'' means any city, county, township, borough, parish, 
        or other entity exercising governmental power under State law.
            (6) Violent crime reduction trust fund.--The term ``Violent 
        Crime Reduction Trust Fund'' means the fund established under 
        title XXXI of the Violent Crime Control and Law Enforcement Act 
        of 1994 (42 U.S.C. 14211 et seq.).
            (7) Youth.--The term ``youth'' means a person who is not 
        younger than 5 and not older than 18 years of age.

  TITLE I--COMBATING VIOLENCE IN SCHOOLS AND PUNISHING JUVENILE CRIME

                   Subtitle A--Assistance to Schools

SEC. 1001. SCHOOL RESOURCE OFFICERS.

    Part Q of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796dd et seq.) is amended--
            (1) in section 1701(d)--
                    (A) by redesignating paragraphs (8) through (10) as 
                (9) through (11), respectively; and
                    (B) by inserting after paragraph (7) the following:
            ``(8) establish school-based partnerships between local law 
        enforcement agencies and local school systems by using school 
        resource officers who operate in and around elementary and 
        secondary schools to combat school-related crime and disorder 
        problems, gangs, and drug activities;''; and
            (2) in section 1709, by adding at the end the following: 
        ```school resource officer' means a career law enforcement 
        officer, with sworn authority, deployed in community-oriented 
        policing, and assigned by the employing police department or 
        agency to work in collaboration with schools and community-
        based organizations--
            ``(1) to address crime and disorder problems, gangs, and 
        drug activities affecting or occurring in or around an 
        elementary or secondary school;
            ``(2) to develop or expand crime prevention efforts for 
        students;
            ``(3) to educate likely school-age victims in crime 
        prevention and safety;
            ``(4) to develop or expand community justice initiatives 
        for students;
            ``(5) to train students in conflict resolution, restorative 
        justice, and crime awareness;
            ``(6) to assist in the identification of physical changes 
        in the environment that may reduce crime in or around the 
        school; and
            ``(7) to assist in developing school policy that addresses 
        crime and to recommend procedural changes.''.

SEC. 1002. ESTABLISHMENT OF SCHOOL SECURITY TECHNOLOGY CENTER.

    (a) School Security Technology Center.--
            (1) Establishment.--The Attorney General, the Secretary of 
        Education, and the Secretary of Energy shall enter into an 
        agreement for the establishment at the Sandia National 
        Laboratories in partnership with the National Law Enforcement 
        and Corrections Technology Center--Southeast of a center to be 
        known as the ``School Security Technology Center''. The School 
        Security Technology Center shall be administered by the 
        Attorney General.
            (2) Functions.--The School Security Technology Center shall 
        be a resource to local educational agencies for school security 
        assessments, security technology development, technology 
        availability and implementation, and technical assistance 
        relating to improving school security.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this subsection $2,250,000 for each of fiscal 
years 1999, 2000, and 2001.

SEC. 1003. GRANTS FOR LOCAL SCHOOL SECURITY PROGRAMS.

    Subpart 1 of part A of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended by adding at 
the end the following:

``SEC. 4119. LOCAL SCHOOL SECURITY PROGRAMS.

    ``(a) In General.--From amounts appropriated under subsection (c), 
the Secretary of Education shall award grants on a competitive basis to 
local educational agencies to enable the agencies to acquire security 
technology, or carry out activities related to improving security at 
the middle and high schools served by the agencies, including obtaining 
school security assessments, and technical assistance for the 
development of a comprehensive school security plan from the School 
Security Technology Center. The Secretary shall give priority to local 
educational agencies showing the highest security needs as reported by 
the agency to the Secretary in application for funding made available 
under this section.
    ``(b) Applicability.--The provisions of this part shall not apply 
to this section.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 1999, 2000, and 2001.''.

SEC. 1004. SAFE AND SECURE SCHOOL ADVISORY REPORT.

    The Attorney General, in consultation with the Secretary of 
Education and the Secretary of Energy, or their designees shall--
            (1) develop a proposal to further improve school security; 
        and
            (2) submit that proposal to Congress not later than 1 year 
        after the date of enactment of this Act.

    Subtitle B--Federal Prosecution of Serious and Violent Juvenile 
                               Offenders

               PART 1--REFORM OF FEDERAL JUVENILE SYSTEM

SEC. 1210. DELINQUENCY PROCEEDINGS OR CRIMINAL PROSECUTIONS IN DISTRICT 
              COURTS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings or criminal prosecutions in 
              district courts
    ``(a) Juvenile Delinquency Proceedings.--
            ``(1) In general.--A juvenile alleged to have committed an 
        offense against the United States or an act of juvenile 
        delinquency may be--
                    ``(A) surrendered to State authorities;
                    ``(B) proceeded against as a juvenile under this 
                subsection; or
                    ``(C) tried as an adult in the circumstances 
                described in subsections (b) and (c).
            ``(2) Surrender to state absent certification.--
                    ``(A) In general.--A juvenile referred to in 
                paragraph (1) may be proceeded against as a juvenile in 
                a court of the United States under this subsection--
                            ``(i) for offenses committed within the 
                        special maritime and territorial jurisdiction 
                        of the United States for which the maximum 
                        authorized term of imprisonment does not exceed 
                        6 months; or
                            ``(ii) if the Attorney General, after 
                        investigation, certifies to the appropriate 
                        United States district court that--
                                    ``(I)(aa) the juvenile court or 
                                other appropriate court of a State does 
                                not have jurisdiction or declines to 
                                assume jurisdiction over the juvenile 
                                with respect to such act of alleged 
                                juvenile delinquency; or
                                    ``(bb) the offense charged is 
                                described in subsection (b) (2) or (3) 
                                or subsection (e); and
                                    ``(II) there is a substantial 
                                Federal interest in the case or the 
                                offense to warrant the exercise of 
                                Federal jurisdiction.
                    ``(B) Surrender to legal authorities.--If, where 
                required, the Attorney General does not so certify, 
                such juvenile shall be surrendered to the appropriate 
                legal authorities of such State.
            ``(3) Public proceedings; attendance by victims.--
                    ``(A) In general.--If a juvenile alleged to have 
                committed an act of juvenile delinquency is not 
                surrendered to the authorities of a State pursuant to 
                this section, any proceedings against the juvenile 
                shall be in an appropriate district court of the United 
                States.
                    ``(B) Convening of court.--For the purposes 
                specified in subparagraph (A), the court--
                            ``(i) may be convened at any time and place 
                        within the district; and
                            ``(ii) shall be open to the public, except 
                        that the court may exclude all or some members 
                        of the public from the proceedings if--
                                    ``(I) required by the interests of 
                                justice; or
                                    ``(II) other good cause is shown.
                    ``(C) Court open to victims and relatives.--Even if 
                all or some of the members of the public are excluded 
                from the proceedings, the proceedings shall be open to 
                victims of the alleged offense and their relatives and 
                legal guardians unless--
                            ``(i) required by the interests of justice; 
                        or
                            ``(ii) otherwise good cause is shown.
                    ``(D) Procedural requirements.--The Attorney 
                General shall proceed by information or as authorized 
                by section 3401(g) of this title, and no criminal 
                prosecution shall be instituted except as provided in 
                this chapter.
    ``(b) Juveniles 16 Years and Older Prosecuted as Adults.--A 
juvenile alleged to have committed an act on or after the day the 
juvenile attains the age of 16 years may be prosecuted as an adult--
            ``(1) if the juvenile has requested in writing upon advice 
        of counsel to be prosecuted as an adult;
            ``(2) if the act committed by an adult would be a serious 
        violent felony or a serious drug offense as described in 
        section 3559(c) (2) and (3) or a conspiracy or attempt under 
        section 406 of the Controlled Substances Act (21 U.S.C. 846) or 
        under section 1013 of the Controlled Substances Import and 
        Export Act (21 U.S.C. 963) to commit an offense described in 
        section 3559(c)(2); or
            ``(3) if the act the juvenile is alleged to have committed 
        is not described in paragraph (2), and if committed by an adult 
        would be--
                    ``(A) a crime of violence (as defined in section 
                3156(a)(4)) that is a felony;
                    ``(B) an offense described in section 844 (d), (k), 
                or (l), or paragraph (a)(6) or subsection (b), (g), 
                (h), (j), (k), or (l), of section 924;
                    ``(C) a violation of section 922(o) that is an 
                offense under section 924(a)(2);
                    ``(D) a violation of section 5861 of the Internal 
                Revenue Code of 1986 that is an offense under section 
                5871 of the Internal Revenue Code of 1986;
                    ``(E) a conspiracy to commit an offense described 
                in any of subparagraphs (A) through (D); or
                    ``(F) an offense described in section 401 or 408 of 
                the Controlled Substances Act (21 U.S.C. 841, 848) or a 
                conspiracy or attempt to commit that offense which is 
                punishable under section 406 of the Controlled 
                Substances Act (21 U.S.C. 846), an offense punishable 
                under section 409 or 419 of the Controlled Substances 
                Act (21 U.S.C. 849, 860), an offense described in 
                section 1002, 1003, 1005, or 1009 of the Controlled 
                Substances Import and Export Act (21 U.S.C. 952, 953, 
                955, or 959) or a conspiracy or attempt to commit that 
                offense which is punishable under section 1013 of the 
                Controlled Substances Import and Export Act (21 U.S.C. 
                963).
    ``(c) Juveniles Under 16 Years Prosecuted as Adults.--
            ``(1) In general.--A juvenile, alleged to have committed an 
        act on or after the day on which the juvenile has attained the 
        age of 13 years but before the juvenile has attained the age of 
        16 years, may be prosecuted as an adult if the act, if 
        committed by an adult, would be an offense described in 
paragraph (2) or (3) of subsection (b), upon approval of the Attorney 
General or the designee of the Attorney General, who shall not be at a 
level lower than a Deputy Assistant Attorney General.
            ``(2) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), approval shall not be granted under 
                paragraph (1), with respect to a juvenile described in 
                that paragraph who is subject to the criminal 
                jurisdiction of an Indian tribal government and who is 
                alleged to have committed an act over which, if 
                committed by an adult, there would be Federal 
                jurisdiction based solely on the commission of that act 
                in Indian country (as defined in section 1151).
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                if, before that alleged act was committed, the 
                governing body of the Indian tribe having jurisdiction 
                over the place in which the alleged act was committed 
                notified the Attorney General in writing of its 
                election that prosecution may take place under this 
                subsection.
    ``(d) Limitations on Judicial Review.--
            ``(1) In general.--Except as provided in this subsection, a 
        determination to approve or not to approve, or to institute or 
        not to institute, a prosecution under subsection (b) or (c) 
        shall not be reviewable in any court.
            ``(2) Determination by court.--In any prosecution of a 
        juvenile under subsection (b)(3) or (c)(1), upon motion of the 
        defendant and after a hearing, the court in which criminal 
        charges have been filed shall determine whether to issue an 
        order to provide for the transfer of the defendant to juvenile 
        status for the purposes of proceeding against the defendant 
        under subsection (a).
            ``(3) Time requirements.--A motion by a defendant under 
        paragraph (2) shall not be considered unless that motion is 
        filed not later than 20 days after the date on which the 
        defendant--
                    ``(A) initially appears through counsel; or
                    ``(B) expressly waives the right to counsel and 
                elects to proceed pro se.
            ``(4) Prohibition.--The court shall not order the transfer 
        of a defendant to juvenile status under this paragraph unless 
        the defendant establishes by clear and convincing evidence or 
        information that removal to juvenile status would be in the 
        interest of justice. In making a determination under paragraph 
        (2), the court shall consider--
                    ``(A) the nature of the alleged offense, including 
                the extent to which the juvenile played a leadership 
                role in an organization, or otherwise influenced other 
                persons to take part in criminal activities, involving 
                the use or distribution of controlled substances or 
                firearms;
                    ``(B) whether prosecution of the juvenile as an 
                adult is necessary to protect public safety;
                    ``(C) the age and social background of the 
                juvenile;
                    ``(D) the extent and nature of the prior 
                delinquency record of the juvenile;
                    ``(E) the intellectual development and 
                psychological maturity of the juvenile;
                    ``(F) the nature of any treatment efforts and the 
                response of the juvenile to those efforts; and
                    ``(G) the availability of programs designed to 
                treat the behavioral problems of the juvenile.
            ``(5) Status of orders.--
                    ``(A) In general.--An order of the court made in 
                ruling on a motion by a defendant to transfer a 
                defendant to juvenile status under this subsection 
                shall not be a final order for the purpose of enabling 
                an appeal, except that an appeal by the United States 
                shall lie to a court of appeals pursuant to section 
                3731 from an order of a district court removing a 
                defendant to juvenile status.
                    ``(B) Appeals.--Upon receipt of a notice of appeal 
                of an order under this paragraph, a court of appeals 
                shall hear and determine the appeal on an expedited 
                basis.
            ``(6) Inadmissibility of evidence.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no statement made by a defendant 
                during or in connection with a hearing under this 
                subsection shall be admissible against the defendant in 
                any criminal prosecution.
                    ``(B) Exceptions.--The prohibition under 
                subparagraph (A) shall not apply, except--
                            ``(i) for impeachment purposes; or
                            ``(ii) in a prosecution for perjury or 
                        giving a false statement.
            ``(7) Rules.--The rules concerning the receipt and 
        admissibility of evidence shall be the same as prescribed in 
        subsection 3142(f) of this title.
    ``(e) Joinder; Lesser Included Offenses.--In a prosecution under 
subsection (b) or (c) the juvenile may be prosecuted and convicted as 
an adult for any other offense which is properly joined under the 
Federal Rules of Criminal Procedure, and may also be convicted of a 
lesser included offense.''.

SEC. 1211. APPLICABILITY OF STATUTORY MINIMUMS TO JUVENILES 16 YEARS 
              AND OLDER AND LIMITATION AS TO YOUNGER JUVENILES.

    Section 3553 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Limitation on Applicability of Statutory Minimums in Certain 
Prosecutions of Persons Under the Age of 16.--Notwithstanding any other 
provision of law, in the case of a juvenile alleged to have committed 
an act on or after the day on which the juvenile has attained the age 
of 13 years but before the juvenile has attained the age of 16 years, 
which if committed by an adult would be an offense described in section 
5032 (b)(3) or (e), the court shall impose a sentence pursuant to 
guidelines promulgated by the United States Sentencing Commission under 
section 994 of title 28 without regard to any statutory minimum 
sentence, if the court finds at sentencing, after the Government has 
been afforded the opportunity to make a recommendation, that the 
juvenile has not been previously adjudicated delinquent for or 
convicted of an offense described in section 5032(b)(2).''.

SEC. 1212. CONFORMING AMENDMENT TO DEFINITIONS SECTION.

    Section 5031 of title 18, United States Code, is amended by adding 
at the end the following: ``As used in this chapter, the term `State' 
includes a State of the United States, the District of Columbia, any 
commonwealth, territory, or possession of the United States and, with 
regard to an act of juvenile delinquency that would have been a 
misdemeanor if committed by an adult, a federally recognized Indian 
tribe.''.

SEC. 1213. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL OFFICER.

    Section 5033 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5033. Custody prior to appearance before judicial officer
    ``(a) In General.--Whenever a juvenile is taken into custody, the 
arresting officer shall immediately advise such juvenile of the 
juvenile's rights, in language comprehensible to a juvenile. The 
arresting officer shall promptly take reasonable steps to notify the 
juvenile's parents, guardian, or custodian of such custody, of the 
rights of the juvenile, and of the nature of the alleged offense.
    ``(b) Timely Action.--The juvenile shall be taken before a judicial 
officer without unreasonable delay.''.

SEC. 1214. TECHNICAL AND CONFORMING AMENDMENTS TO SECTION 5034.

    Section 5034 of title 18, United States Code, is amended--
            (1) by striking ``The'' each place it appears at the 
        beginning of a paragraph and inserting ``the'';
            (2) by striking ``If'' at the beginning of the 3rd 
        paragraph and inserting ``if'';
            (3) by designating the 3 paragraphs as paragraphs (1), (2), 
        and (3), respectively; and
            (4) by inserting at the beginning of such section before 
        those paragraphs the following: ``In a proceeding under section 
        5032(a)--''.

SEC. 1215. SPEEDY TRIAL FOR DETAINED JUVENILES PENDING DELINQUENCY 
              PROCEEDINGS; REINSTITUTING DISMISSED CASES.

    Section 5036 of title 18, United States Code, is amended by--
            (1) striking ``If an alleged delinquent'' and inserting 
        ``If a juvenile proceeded against under section 5032(a)'';
            (2) striking ``thirty'' and inserting ``45''; and
            (3) striking ``the court,'' and all that follows through 
        the end of the section and inserting ``the court. In 
        determining whether an information should be dismissed with or 
        without prejudice, the court shall consider the seriousness of 
        the offense, the facts and circumstances of the case that led 
        to the dismissal, and the impact of a reprosecution on the 
        administration of justice. The periods of exclusion under 
        section 3161(h) of this title shall apply to this section.''.

SEC. 1216. DISPOSITION; AVAILABILITY OF INCREASED DETENTION, FINES, AND 
              SUPERVISED RELEASE FOR JUVENILE OFFENDERS.

    Section 5037 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5037. Disposition
    ``(a) In General.--
            ``(1) Hearing.--In a proceeding under section 5032(a), if 
        the court finds a juvenile to be a juvenile delinquent, the 
        court shall hold a hearing concerning the appropriate 
        disposition of the juvenile not later than 40 court days after 
        the finding of juvenile delinquency, unless the court has 
        ordered further study pursuant to subsection (e).
            ``(2) Report.--A predisposition report shall be prepared by 
        the probation officer who shall promptly provide a copy to the 
        juvenile, the juvenile's counsel, and the attorney for the 
        Government.
            ``(3) Victim impact information.--Victim impact information 
        shall be included in the report, and victims, or in appropriate 
        cases, their official representatives, shall be provided the 
        opportunity to make a statement to the court in person or 
        present any information in relation to the disposition.
            ``(4) Order of restitution.--After the dispositional 
        hearing, and after considering any pertinent policy statements 
        promulgated by the Sentencing Commission pursuant to section 
        994 of title 28, the court shall enter an order of restitution 
        pursuant to section 3556 of this title, and place the juvenile 
        on probation, commit the juvenile to official detention 
        (including the possibility of a term of supervised release), 
        and impose any fine that would be authorized if the juvenile 
        had been tried and convicted as an adult.
            ``(5) Release or detention.--With respect to release or 
        detention pending an appeal or a petition for a writ of 
        certiorari after disposition, the court shall proceed pursuant 
        to the provisions of chapter 207.
    ``(b) Term of Probation.--The term for which probation may be 
ordered for a juvenile found to be a juvenile delinquent may not extend 
beyond the maximum term that would be authorized by section 3561(c) if 
the juvenile had been tried and convicted as an adult. Sections 3563, 
3564, and 3565 are applicable to an order placing a juvenile on 
probation.
    ``(c) Term of Official Detention.--
            ``(1) Maximum term.--The term for which official detention 
        (other than supervised release) may be ordered for a juvenile 
        found to be a juvenile delinquent may not extend beyond the 
        lesser of--
                    ``(A) the maximum term of imprisonment that would 
                be authorized if the juvenile had been tried and 
                convicted as an adult;
                    ``(B) 10 years; or
                    ``(C) the date on which the juvenile attains the 
                age of 26 years.
            ``(2) Applicability of other provisions.--Section 3624 of 
        this title shall apply to an order placing a juvenile in 
        detention.
    ``(d) Term of Supervised Release.--The term for which supervised 
release may be ordered for a juvenile found to be a juvenile delinquent 
may not extend beyond 5 years. Subsections (c) through (i) of section 
3583 shall apply to an order placing a juvenile on supervised release.
    ``(e) Custody of the Attorney General.--
            ``(1) In general.--If the court desires more detailed 
        information concerning a juvenile alleged to have committed an 
        act of juvenile delinquency or a juvenile adjudicated 
        delinquent, the court may commit the juvenile, after notice and 
        hearing at which the juvenile is represented by counsel, to the 
        custody of the Attorney General for observation and study by an 
        appropriate agency or entity.
            ``(2) Outpatient basis.--Any observation and study pursuant 
        to a commission under paragraph (1) shall be conducted on an 
        outpatient basis, unless the court determines that inpatient 
        observation and study are necessary to obtain the desired 
        information, except in the case of an alleged juvenile 
        delinquent, inpatient study may be ordered only with the 
        consent of the juvenile and the juvenile's attorney.
            ``(3) Contents of study.--The agency or entity conducting 
        an observation or study under this subsection shall make a 
        complete study of the alleged or adjudicated delinquent to 
        ascertain the juvenile's personal traits, capabilities, 
        background, previous delinquency or criminal experience, mental 
        or physical defect, and any other relevant factors pertaining 
        to the juvenile.
            ``(4) Submission of results.--The Attorney General shall 
        submit to the court and the attorneys for the juvenile and the 
        Government the results of the study not later than 30 days 
        after the commitment of the juvenile, unless the court grants 
        additional time. If the juvenile has not been committed for the 
        study, the probation office shall obtain the report under 
        sections 3154 and 3672 and submit the results of the study in 
        like manner and within the same time period.
            ``(5) Exclusion of time.--Time spent in custody under this 
        subsection shall be excluded for purposes of section 5036.
    ``(f) Conviction as Adult of Juveniles 13, 14, and 15 Years Old.--
With respect to any juvenile prosecuted and convicted as an adult under 
section 5032(c), the court may, pursuant to guidelines promulgated by 
the United States Sentencing Commission under section 994 of title 28, 
determine to treat the conviction as an adjudication of delinquency and 
impose any disposition authorized under this section. The United States 
Sentencing Commission shall promulgate such guidelines as soon 
as practicable and not later than 1 year after the date of enactment of 
the Safe Schools, Safe Streets, and Secure Borders Act of 1998.''.

SEC. 1217. ACCESS TO JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking the matter preceding the colon and 
                inserting the following: ``Throughout and upon 
                completion of the juvenile delinquency proceeding, the 
                court records of the original proceeding shall be 
                safeguarded from disclosure to unauthorized persons. 
                The records shall be released to the extent necessary 
                to meet the following circumstances''; and
                    (B) by striking paragraph (6) and inserting the 
                following:
            ``(6) inquiries from any victim of such juvenile 
        delinquency, or in appropriate cases with the official 
        representative of the victim, or, if the victim is deceased, 
        from the immediate family of such victim in order to--
                    ``(A) apprise such victim or representative of the 
                status or disposition of the proceeding;
                    ``(B) effectuate any other provision of law; or
                    ``(C) assist in a victim's or the victim's official 
                representative's, allocution at disposition;'';
            (2) by striking subsections (d) and (f) and redesignating 
        subsection (e) as subsection (d); and
            (3) by adding at the end the following:
    ``(e) Records and Information.--
            ``(1) Juvenile delinquency records.--If a juvenile has been 
        adjudicated delinquent for an act that, if committed by an 
        adult, would be a felony or for a violation of section 922(x)--
                    ``(A) the juvenile shall be fingerprinted and 
                photographed, and the fingerprints and photograph shall 
                be sent to the Federal Bureau of Investigation;
                    ``(B) the court shall transmit to the Federal 
                Bureau of Investigation the information concerning the 
                adjudication, including the name, date of adjudication, 
                court, offenses, and sentence of the juvenile, along 
                with the notation that the matter was a juvenile 
                adjudication; and
                    ``(C) access to the fingerprints, photograph, and 
                other records and information relating to a juvenile 
                described in this subsection, shall be restricted as 
                prescribed by subsection (a).
            ``(2) Juveniles tried as adults.--Fingerprints and 
        photographs of a juvenile who is prosecuted as an adult shall 
        be made available in the manner applicable to adult defendants.
    ``(f) Additional Authorization.--In addition to any other 
authorization under this section for the reporting, retention, 
disclosure, or availability of records or information, if the law of 
the State in which a Federal juvenile delinquency proceeding takes 
place permits or requires the reporting, retention, disclosure, or 
availability of records or information relating to a juvenile or to a 
juvenile delinquency proceeding or adjudication in certain 
circumstances, then such reporting, retention, disclosure, or 
availability is permitted under this section in any case in which the 
same circumstances exist.''.

SEC. 1218. TECHNICAL AMENDMENTS OF SECTION 5034.

    Section 5034 of title 18, United States Code, as amended by section 
1214, is amended by--
            (1) striking ``his'' each place it appears and inserting 
        ``the juvenile's''; and
            (2) striking ``magistrate'' each place it appears and 
        inserting ``judicial officer''.

SEC. 1219. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5031. Definitions
    ``In this chapter:
            ``(1) Adult jail or correctional facility.--The term `adult 
        jail or correctional facility' means a locked facility that is 
        used by a State, unit of local government, or any law 
        enforcement authority to detain or confine adults--
                    ``(A) pending the filing of a charge of violating a 
                criminal law;
                    ``(B) awaiting trial on a criminal charge; or
                    ``(C) convicted of violating a criminal law.
            ``(2) Community-based facility, program, or service.--The 
        term `community-based facility, program, or service' means, 
        with respect to a juvenile, a small, open group home or other 
        suitable place located near the juvenile's home or family and 
        programs of community supervision and service that maintain 
        community and consumer participation in the planning operation, 
        and evaluation of those programs (which may include medical, 
        educational, vocational, social and psychological guidance, 
        training,  special education, counseling, alcoholism treatment, 
drug treatment, and other rehabilitative services).
            ``(3) Indian tribe.--The term `Indian tribe' means an 
        Indian or Alaskan native tribe, band, nation, pueblo, village, 
        or community that the Secretary of the Interior acknowledges to 
        exist as an Indian tribe pursuant to section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        479a-1).
            ``(4) Indian tribal government.--The term `Indian tribal 
        government' means the legally recognized leadership of an 
        Indian tribe, band, nation, pueblo, village, or community.
            ``(5) Juvenile.--The term `juvenile' means--
                    ``(A) a person who has not attained his or her 18th 
                birthday; or
                    ``(B) for the purpose of proceedings and 
                disposition under this chapter for an alleged act of 
                juvenile delinquency, a person who has not attained his 
                or her 21st birthday.
            ``(6) Juvenile delinquency.--The term `juvenile 
        delinquency' means the violation of a law of the United States 
        committed by a person prior to the 18th birthday of that 
        person, if the violation--
                    ``(A) would have been a crime if committed by an 
                adult; or
                    ``(B) is a violation of section 922(x).
            ``(7) Prohibited physical contact.--
                    ``(A) In general.--The term `prohibited physical 
                contact' means--
                            ``(i) any physical contact between a 
                        juvenile and an adult inmate; and
                            ``(ii) proximity that provides an 
                        opportunity for physical contact between a 
                        juvenile and an adult inmate.
                    ``(B) Exclusion.--The term does not include 
                supervised proximity between a juvenile and an adult 
                inmate that is brief and incidental or accidental.
            ``(8) Sustained oral communication.--
                    ``(A) In general.--The term `sustained oral 
                communication' means the imparting or interchange of 
                speech by or between an adult inmate and a juvenile.
                    ``(B) Exception.--The term does not include--
                            ``(i) communication that is accidental or 
                        incidental; or
                            ``(ii) sounds or noises that cannot 
                        reasonably be considered to be speech.
            ``(9) State.--The term `State' includes a State of the 
        United States, the District of Columbia, any commonwealth, 
        territory, or possession of the United States and, with regard 
        to an act of juvenile delinquency that would have been a 
        misdemeanor if committed by an adult, an Indian tribe (as that 
        term is defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        4506(e))).
            ``(10) Violent juvenile.--The term `violent juvenile' means 
        any juvenile who is alleged to have committed, has been 
        adjudicated delinquent for, or has been convicted of an offense 
        that, if committed by an adult, would be a crime of violence 
        (as that term is defined in section 16).''.

        PART 2--INCARCERATION OF JUVENILES IN THE FEDERAL SYSTEM

SEC. 1220. DETENTION OF JUVENILES PRIOR TO DISPOSITION OR SENTENCING.

    Section 5035 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5035. Detention prior to disposition or sentencing
    ``(a) In General.--
            ``(1) Juveniles 16 years of age or older.--(A) A juvenile 
        16 years of age or older prosecuted pursuant to paragraph (2) 
        or (3) of section 5032(b), if detained at any time prior to 
        sentencing, shall be detained in a suitable juvenile facility 
        as the Attorney General may designate. Preference shall be 
        given to a place located within, or within a reasonable 
        distance of, the district in which the juvenile is being 
        prosecuted.
            ``(B)(i) A juvenile 16 years of age or older prosecuted 
        pursuant to section 5032(a), if detained at any time prior to 
        sentencing, shall be detained in a suitable juvenile facility 
        located within, or within a reasonable distance of, the 
        district in which the juvenile is being prosecuted.
            ``(ii) If a facility described in subparagraph (B)(i) is 
        not available, such a juvenile may be detained in any other 
        suitable juvenile facility that the Attorney General may 
        designate. To the extent practicable, violent juveniles shall 
        be kept separate from nonviolent juveniles.
            ``(2) Juveniles less than 16 years of age.--
                    ``(A) In general.--A juvenile less than 16 years of 
                age prosecuted pursuant to this section, if detained at 
any time prior to sentencing, shall be detained in a suitable juvenile 
facility located within, or within a reasonable distance of, the 
district in which the juvenile is being prosecuted.
                    ``(B) Unavailability of certain facilities.--If a 
                facility described in subparagraph (A) is not 
                available, such a juvenile may be detained in any other 
                suitable juvenile facility that the Attorney General 
                may designate. To the extent practicable, violent 
                juveniles shall be kept separate from nonviolent 
                juveniles.
    ``(b) Prohibition.--A juvenile less than 16 years of age prosecuted 
pursuant to this section shall not be detained prior to disposition or 
sentencing in any facility in which the juvenile has prohibited 
physical contact or sustained oral communication with adult persons 
convicted of a crime or awaiting trial on criminal charges.
    ``(c) Provision of Safety, Security, and Other Amenities.--Every 
juvenile who is detained prior to disposition or sentencing shall be 
provided with reasonable safety and security and with adequate food, 
heat, light, sanitary facilities, bedding, clothing, recreation, 
education, and medical care, including necessary psychiatric, 
psychological, or other care and treatment.''.

SEC. 1221. RULES GOVERNING THE COMMITMENT OF JUVENILES.

    Section 5039 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5039. Commitment
    ``(a) In General.--
            ``(1) Prohibition.--The Attorney General shall not cause 
        any person less than 18 years of age adjudicated delinquent 
        under section 5032(a), or any person less than 16 years of age 
        convicted of an offense to be placed or retained in an adult 
        jail or correctional facility in which the person has 
        prohibited physical contact or sustained oral communication 
        with adults incarcerated because they have been convicted of a 
        crime or are awaiting trial on criminal charges.
            ``(2) Facilities near home.--Whenever possible, the 
        Attorney General shall commit a juvenile described in paragraph 
        (1) to a foster home or community-based facility located in or 
        near the home community of that juvenile. To the extent 
        practicable, violent juveniles shall be kept separate from 
        nonviolent juveniles.
    ``(b) Provision of Amenities.--Each juvenile who has been committed 
under subsection (a) shall be provided with reasonable safety and 
security and with adequate food, heat, light, sanitary facilities, 
bedding, clothing, recreation, counseling, education, training, and 
medical care including necessary psychiatric, psychological, or other 
care and treatment.''.

Subtitle C--Assistance to States for Prosecuting and Punishing Juvenile 
                 Offenders, and Reducing Juvenile Crime

SEC. 1300. JUVENILE AND VIOLENT OFFENDER INCARCERATION GRANTS.

    (a) Grants for Violent and Chronic Juvenile Facilities.--
            (1) Definitions.--In this subsection:
                    (A) Colocated facility.--The term ``colocated 
                facility'' means the location of adult and juvenile 
                facilities on the same property in a manner consistent 
                with regulations issued by the Attorney General to 
                ensure that adults and juveniles are substantially 
                segregated.
                    (B) Substantially segregated.--The term 
                ``substantially segregated'' means--
                            (i) complete sight and sound separation in 
                        residential confinement;
                            (ii) use of shared direct care and 
                        management staff, properly trained and 
                        certified by the State to interact with 
                        juvenile offenders, if the staff does not 
                        interact with adult and juvenile offenders 
                        during the same shift; and
                            (iii) incidental contact during 
                        transportation to court proceedings and other 
                        activities in accordance with regulations 
                        issued by the Attorney General to ensure 
                        reasonable efforts are made to segregate adults 
                        and juveniles.
                    (C) Violent juvenile offender.--The term ``violent 
                juvenile offender'' means a person under the age of 
                majority pursuant to State law that has been 
                adjudicated delinquent or convicted in adult court of a 
                violent felony as defined in section 924(e)(2)(B) of 
                title 18, United States Code.
                    (D) Qualifying state.--The term ``qualifying 
                State'' means a State that has submitted, or a State in 
                which an eligible unit of local government has 
                submitted, a grant application that meets the 
                requirements of paragraphs (3) and (5).
            (2) Authority.--
                    (A) In general.--The Attorney General may make 
                grants in accordance with this subsection to States, 
                units of local government, or any combination thereof, 
                to assist them in planning, establishing, and operating 
                secure facilities, staff-secure facilities, detention 
                centers, and other correctional programs for violent 
                juvenile offenders.
                    (B) Use of amounts.--Grants under this subsection 
                may be used--
                            (i) for colocated facilities for adult 
                        prisoners and violent juvenile offenders; and
                            (ii) only for the construction or operation 
                        of facilities in which violent juvenile 
                        offenders are substantially segregated from 
                        nonviolent juvenile offenders.
            (3) Applications.--
                    (A) In general.--The chief executive officer of a 
                State or unit of local government that seeks to receive 
                a grant under this subsection shall submit to the 
                Attorney General an application, in such form and in 
                such manner as the Attorney General may prescribe.
                    (B) Contents.--Each application submitted under 
                subparagraph (A) shall provide written assurances that 
                each facility or program funded with a grant under this 
                subsection--
                            (i) will provide appropriate educational 
                        and vocational training, a program of substance 
                        abuse testing, and substance abuse treatment 
                        for appropriate juvenile offenders; and
                            (ii) will afford juvenile offenders 
                        intensive post-release supervision and 
                        services.
            (4) Minimum amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each qualifying State, together with units of 
                local government within the State, shall be allocated 
                for each fiscal year not less than 1.0 percent of the 
                total amount made available in each fiscal year for 
                grants under this subsection.
                    (B) Exception.--The United States Virgin Islands, 
                American Samoa, Guam, and the Northern Mariana Islands 
                shall each be allocated 0.2 percent of the total amount 
                made available in each fiscal year for grants under 
                this subsection.
            (5) Performance evaluation.--
                    (A) Evaluation components.--
                            (i) In general.--Each facility or program 
                        funded under this subsection shall contain an 
                        evaluation component developed pursuant to 
                        guidelines established by the Attorney General.
                            (ii) Outcome measures.--The evaluations 
                        required by this subsection shall include 
                        outcome measures that can be used to determine 
                        the effectiveness of the funded programs, 
                        including the effectiveness of such programs in 
                        comparison with other correctional programs or 
                        dispositions in reducing the incidence of 
                        recidivism, and other outcome measures.
                    (B) Periodic review and reports.--
                            (i) Review.--The Attorney General shall 
                        review the performance of each grant recipient 
                        under this subsection.
                            (ii) Reports.--The Attorney General may 
                        require a grant recipient to submit to the 
                        Office of Justice Programs, Corrections 
                        Programs Office the results of the evaluations 
                        required under subparagraph (A) and such other 
                        data and information as are reasonably 
                        necessary to carry out the responsibilities of 
                        the Attorney General under this subsection.
            (6) Technical assistance and training.--The Attorney 
        General shall provide technical assistance and training to 
        grant recipients under this subsection to achieve the purposes 
        of this subsection.
    (b) Juvenile Facilities on Tribal Lands.--
            (1) Reservation of funds.--Of amounts made available to 
        carry out section 214 of this Act under section 20108(a)(2)(A) 
        of the Violent Crime Control and Law Enforcement Act of 1994 
        (42 U.S.C. 13708(a)(2)(A)), the Attorney General shall reserve, 
        to carry out this subsection, 0.75 percent for each of fiscal 
        years 1999 through 2002.
            (2) Grants to indian tribes.--Of amounts reserved under 
        paragraph (1), the Attorney General may make grants to Indian 
        tribes or to regional groups of Indian tribes for the purpose 
        of constructing secure facilities, staff-secure facilities, 
        detention centers, and other correctional programs 
for incarceration of juvenile offenders subject to tribal jurisdiction.
            (3) Applications.--To be eligible to receive a grant under 
        this section, an Indian tribe shall submit to the Attorney 
        General an application in such form and containing such 
        information as the Attorney General may by regulation require.
            (4) Regional groups.--Individual Indian tribes from a 
        geographic region may apply for grants under paragraph (2) 
        jointly for the purpose of building regional facilities.
    (c) Report on Accountability and Performance Measures in Juvenile 
Corrections Programs.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Attorney General shall, after 
        consultation with the National Institute of Justice and other 
        appropriate governmental and nongovernmental organizations, 
        submit to Congress a report regarding the possible use of 
        performance-based criteria in evaluating and improving the 
        effectiveness of juvenile corrections facilities and programs.
            (2) Contents.--The report required under this subsection 
        shall include an analysis of--
                    (A) the range of performance-based measures that 
                might be utilized as evaluation criteria, including 
                measures of recidivism among juveniles who have been 
                incarcerated in facilities or have participated in 
                correctional programs;
                    (B) the feasibility of linking Federal juvenile 
                corrections funding to the satisfaction of performance-
                based criteria by grantees (including the use of a 
                Federal matching mechanism under which the share of 
                Federal funding would vary in relation to the 
                performance of a program or facility);
                    (C) whether, and to what extent, the data necessary 
                for the Attorney General to utilize performance-based 
                criteria in the Attorney General's administration of 
                juvenile corrections programs are collected and 
                reported nationally; and
                    (D) the estimated cost and feasibility of 
                establishing minimal, uniform data collection and 
                reporting standards nationwide that would allow for the 
                use of performance-based criteria in evaluating 
                juvenile corrections programs and facilities and 
                administering Federal juvenile corrections funds.

SEC. 1301. CERTAIN PUNISHMENT AND GRADUATED SANCTIONS FOR YOUTH 
              OFFENDERS.

    (a) Findings and Purposes.--
            (1) Findings.--Congress finds that--
                    (A) youth violence constitutes a growing threat to 
                the national welfare requiring immediate and 
                comprehensive action by the Federal Government to 
                reduce and prevent youth violence;
                    (B) the behavior of youth who become violent 
                offenders often follow a progression, beginning with 
                aggressive behavior in school, truancy, and vandalism, 
                leading to property crimes and then serious violent 
                offenses;
                    (C) the juvenile justice systems in most States are 
                ill-equipped to provide meaningful sanctions to minor, 
                nonviolent offenders because most of their resources 
                are dedicated to dealing with more serious offenders;
                    (D) in most States, some youth commit multiple, 
                nonviolent offenses without facing any significant 
                criminal sanction;
                    (E) the failure to provide meaningful criminal 
                sanctions for first time, nonviolent offenders sends 
                the false message to youth that they can engage in 
                antisocial behavior without suffering any negative 
                consequences and that society is unwilling or unable to 
                restrain that behavior;
                    (F) studies demonstrate that interventions during 
                the early stages of a criminal career can halt the 
                progression to more serious, violent behavior; and
                    (G) juvenile courts need access to a range of 
                sentencing options so that at least some level of 
                sanction is imposed on all youth offenders, including 
                status offenders, and the severity of the sanctions 
                increase along with the seriousness of the offense.
            (2) Purposes.--The purposes of this section are to 
        provide--
                    (A) assistance to State and local juvenile courts 
                to expand the range of sentencing options for first 
                time, nonviolent offenders; and
                    (B) a selection of graduated sanctions for more 
                serious offenses.
    (b) Definitions.--In this section:
            (1) First time offender.--The term ``first time offender'' 
        means a juvenile against whom formal charges have not 
        previously been filed in any Federal or State judicial 
        proceeding.
            (2) Nonviolent offender.--The term ``nonviolent offender'' 
        means a juvenile who is charged with an offense that does not 
        involve the use of force against the person of another.
            (3) Status offender.--The term ``status offender'' means a 
        juvenile who is charged with an offense that would not be 
        criminal if committed by an adult (other than an offense that 
        constitutes a violation of a valid court order or a violation 
        of section 922(x) of title 18, United States Code (or similar 
        State law)).
    (c) Grant Authorization.--The Attorney General may make grants in 
accordance with this section to States, State courts, local courts, 
units of local government, and Indian tribes, for the purposes of--
            (1) providing juvenile courts with a range of sentencing 
        options such that first time juvenile offenders, including 
        status offenders such as truants, vandals, and juveniles in 
        violation of State or local curfew laws, face at least some 
        level of punishment as a result of their initial contact with 
        the juvenile justice system; and
            (2) increasing the sentencing options available to juvenile 
        court judges so that juvenile offenders receive increasingly 
        severe sanctions--
                    (A) as the seriousness of their unlawful conduct 
                increases; and
                    (B) for each additional offense.
    (d) Applications.--
            (1) Eligibility.--In order to be eligible to receive a 
        grant under this section, the chief executive of a State, unit 
        of local government, or Indian tribe, or the chief judge of a 
        local court, shall submit an application to the Attorney 
        General in such form and containing such information as the 
        Attorney General may reasonably require.
            (2) Requirements.--Each application submitted in accordance 
        with paragraph (1) shall include--
                    (A) a request for a grant to be used for the 
                purposes described in this section;
                    (B) a description of the communities to be served 
                by the grant, including the extent of youth crime and 
                violence in those communities;
                    (C) written assurances that Federal funds received 
                under this subtitle will be used to supplement, not 
                supplant, non-Federal funds that would otherwise be 
                available for activities funded under this subsection;
                    (D) a comprehensive plan described in paragraph (3) 
                (in this section referred to as the ``comprehensive 
                plan''); and
                    (E) any additional information in such form and 
                containing such information as the Attorney General may 
                reasonably require.
            (3) Implementation plan.--For purposes of paragraph (2), a 
        comprehensive plan shall include--
                    (A) an action plan outlining the manner in which 
                the applicant will achieve the purposes described in 
                subsection (c)(1);
                    (B) a description of any resources available in the 
                jurisdiction of the applicant to implement the action 
                plan described in subparagraph (A);
                    (C) an estimate of the costs of full implementation 
                of the plan; and
                    (D) a plan for evaluating the impact of the grant 
                on the jurisdiction's juvenile justice system.
    (e) Grant Awards.--
            (1) Considerations.--In awarding grants under this section, 
        the Attorney General shall consider--
                    (A) the ability of the applicant to provide the 
                stated services;
                    (B) the level of youth crime, violence, and drug 
                use in the community; and
                    (C) to the extent practicable, achievement of an 
                equitable geographic distribution of the grant awards.
            (2) Allocations.--
                    (A) In general.--The Attorney General shall allot 
                not less than 0.75 percent of the total amount made 
                available to carry out this section in each fiscal year 
                to applicants in each State from which applicants have 
                applied for grants under this section.
                    (B) Indian tribes.--The Attorney General shall 
                allocate not less than 0.75 percent of the total amount 
                made available to carry out this section in each fiscal 
                year to Indian tribes.
    (f) Use of Grant Amounts.--
            (1) In general.--Each grant made under this section shall 
        be used to establish programs that--
                    (A) expand the number of judges, prosecutors, and 
                public defenders for the purpose of imposing sanctions 
                on first time juvenile offenders and status offenders 
                and for establishing restorative justice boards 
                involving members of the community;
                    (B) provide expanded sentencing options, such as 
                restitution, community service, drug testing and 
                treatment, mandatory job training, curfews, house 
                arrest, mandatory work projects, and boot camps, for 
                status offenders and nonviolent offenders;
                    (C) increase staffing for probation officers to 
                supervise status offenders and nonviolent offenders to 
                ensure that sanctions are enforced;
                    (D) provide aftercare and supervision for status 
                and nonviolent offenders, such as drug education and 
                drug treatment, vocational training, job placement, and 
                family counseling;
                    (E) encourage private sector employees to provide 
                training and work opportunities for status offenders 
                and nonviolent offenders; and
                    (F) provide services and interventions for status 
                and nonviolent offenders designed, in tandem with 
                criminal sanctions, to reduce the likelihood of further 
                criminal behavior.
            (2) Prohibition on use of amounts.--
                    (A) Definitions.--In this paragraph:
                            (i) Alien.--The term ``alien'' has the same 
                        meaning as in section 101(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1101(a)).
                            (ii) Secure detention facility; secure 
                        correctional facility.--The terms ``secure 
                        detention facility'' and ``secure correctional 
                        facility'' have the same meanings as in section 
                        103 of the Juvenile Justice and Delinquency 
                        Prevention Act of 1974 (42 U.S.C. 5603).
                    (B) Prohibition.--No amounts made available under 
                this subtitle may be used for any program that permits 
                the placement of status offenders, alien juveniles in 
                custody, or nonoffender juveniles (such as dependent or 
                neglected children) in secure detention facilities or 
                secure correctional facilities.
    (g) Grant Limitations.--Not more than 3 percent of the amounts made 
available to the Attorney General or a grant recipient under this 
section may be used for administrative purposes.
    (h) Federal Share.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Federal share of a grant made under this section may not exceed 
        90 percent of the total estimated costs of the program 
        described in the comprehensive plan submitted under subsection 
        (d)(3) for the fiscal year for which the program receives 
        assistance under this section.
            (2) Waiver.--The Attorney General may waive, in whole or in 
        part, the requirements of paragraph (1).
            (3) In-kind contributions.--For purposes of paragraph (1), 
        in-kind contributions may constitute any portion of the non-
        Federal share of a grant under this section.
    (i) Report and Evaluation.--
            (1) Report to the attorney general.--Not later than October 
        1, 1999, and October 1 of each year thereafter, each grant 
        recipient under this section shall submit to the Attorney 
        General a report that describes, for the year to which the 
        report relates, any progress achieved in carrying out the 
        comprehensive plan of the grant recipient.
            (2) Evaluation and report to congress.--Not later than 
        March 1, 2000, and March 1 of each year thereafter, the 
        Attorney General shall submit to Congress an evaluation and 
        report that contains a detailed statement regarding grant 
        awards, activities of grant recipients, a compilation of 
        statistical information submitted by grant recipients under 
        this section, and an evaluation of programs established by 
        grant recipients under this section.
            (3) Criteria.--In assessing the effectiveness of the 
        programs established and operated by grant recipients pursuant 
        to this section, the Attorney General shall consider--
                    (A) a comparison between the number of first time 
                offenders who received a sanction for criminal behavior 
                in the jurisdiction of the grant recipient before and 
                after initiation of the program;
                    (B) changes in the recidivism rate for first time 
                offenders in the jurisdiction of the grant recipient;
                    (C) a comparison of the recidivism rates and the 
                seriousness of future offenses of first time offenders 
                in the jurisdiction of the grant recipient that receive 
a sanction and those who do not;
                    (D) changes in truancy rates of the public schools 
                in the jurisdiction of the grant recipient; and
                    (E) changes in the arrest rates for vandalism and 
                other property crimes in the jurisdiction of the grant 
                recipient.
            (4) Documents and information.--Each grant recipient under 
        this section shall provide the Attorney General with all 
        documents and information that the Attorney General determines 
        to be necessary to conduct an evaluation of the effectiveness 
        of programs funded under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section from the Violent Crime Reduction 
Trust Fund--
            (1) such sums as may be necessary for each of the fiscal 
        years 1999 and 2000; and
            (2) $175,000,000 for each of the fiscal years 2001 and 
        2002.

SEC. 1302. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL 
              JUVENILE CRIME REDUCTION STRATEGIES.

    (a) Pilot Program To Promote Replication of Recent Successful 
Juvenile Crime Reduction Strategies.--
            (1) Establishment.--The Attorney General (or a designee of 
        the Attorney General), in conjunction with the Secretary of the 
        Treasury (or the designee of the Secretary), shall establish a 
        pilot program (in this section referred to as the ``program'') 
        to encourage and support communities who adopt a comprehensive 
        approach to suppressing and preventing violent juvenile crime 
        patterned after successful State juvenile crime reduction 
        strategies.
            (2) Program.--In carrying out the program, the Attorney 
        General shall--
                    (A) make and track grants to grant recipients (in 
                this section referred to as ``coalitions'');
                    (B) in conjunction with the Secretary of the 
                Treasury, provide for technical assistance and 
                training, data collection, and dissemination of 
                relevant information; and
                    (C) provide for the general administration of the 
                program.
            (3) Administration.--Not later than 30 days after the date 
        of enactment of this Act, the Attorney General shall appoint an 
        Administrator (in this section referred to as the 
        ``Administrator'') to carry out the program.
            (4) Program authorization.--To be eligible to receive an 
        initial grant or a renewal grant under this section, a 
        coalition shall meet each of the following criteria:
                    (A) Composition.--The coalition shall consist of 1 
                or more representatives of--
                            (i) the local police department or 
                        sheriff's department;
                            (ii) the local prosecutors' office;
                            (iii) the United States Attorney's office;
                            (iv) the Federal Bureau of Investigation;
                            (v) the Bureau of Alcohol, Tobacco and 
                        Firearms;
                            (vi) State or local probation officers;
                            (vii) religious affiliated or fraternal 
                        organizations involved in crime prevention;
                            (viii) schools;
                            (ix) parents or local grass roots 
                        organizations such as neighborhood watch 
                        groups; and
                            (x) social service agencies involved in 
                        crime prevention.
                    (B) Other participants.--If possible, in addition 
                to the representatives from the categories listed in 
                subparagraph (A), the coalition shall include--
                            (i) representatives from the business 
                        community; and
                            (ii) researchers who have studied criminal 
                        justice and can offer technical or other 
                        assistance.
                    (C) Coordinated strategy.--A coalition shall submit 
                to the Attorney General, or the Attorney General's 
                designee, a comprehensive plan for reducing violent 
                juvenile crime. To be eligible for consideration, a 
                plan shall--
                            (i) ensure close collaboration among all 
                        members of the coalition in suppressing and 
                        preventing juvenile crime;
                            (ii) place heavy emphasis on coordinated 
                        enforcement initiatives, such as Federal and 
                        State programs that coordinate local police 
departments, prosecutors, and local community leaders to focus on the 
suppression of violent juvenile crime involving gangs;
                            (iii) ensure that there is close 
                        collaboration between police and probation 
                        officers in the supervision of juvenile 
                        offenders, such as initiatives that coordinate 
                        the efforts of parents, school officials, and 
                        police and probation officers to patrol the 
                        streets and make home visits to ensure that 
                        offenders comply with the terms of their 
                        probation;
                            (iv) ensure that a program is in place to 
                        trace all firearms seized from crime scenes or 
                        offenders in an effort to identify illegal gun 
                        traffickers; and
                            (v) ensure that effective crime prevention 
                        programs are in place, such as programs that 
                        provide after-school safe havens and other 
                        opportunities for at-risk youth to escape or 
                        avoid gang or other criminal activity, and to 
                        reduce recidivism.
                    (D) Accountability.--A coalition shall--
                            (i) establish a system to measure and 
                        report outcomes consistent with common 
                        indicators and evaluation protocols established 
                        by the Administrator and which receives the 
                        approval of the Administrator; and
                            (ii) devise a detailed model for measuring 
                        and evaluating the success of the plan of the 
                        coalition in reducing violent juvenile crime, 
                        and provide assurances that the plan will be 
                        evaluated on a regular basis to assess progress 
                        in reducing violent juvenile crime.
            (5) Grant amounts.--
                    (A) In general.--The Administrator may grant to an 
                eligible coalition under this paragraph, an amount not 
                to exceed the amount of non-Federal funds raised by the 
                coalition, including in-kind contributions, for that 
                fiscal year.
                    (B) Nonsupplanting requirement.--A coalition 
                seeking funds shall provide reasonable assurances that 
                funds made available under this program to States or 
                units of local government shall be so used as to 
                supplement and increase (but not supplant) the level of 
                the State, local, and other non-Federal funds that 
                would in the absence of such Federal funds be made 
                available for programs described in this section, and 
                shall in no event replace such State, local, or other 
                non-Federal funds.
                    (C) Suspension of grants.--If a coalition fails to 
                continue to meet the criteria set forth in this 
                section, the Administrator may suspend the grant, after 
                providing written notice to the grant recipient and an 
                opportunity to appeal.
                    (D) Renewal grants.--Subject to subparagraph (D), 
                the Administrator may award a renewal grant to grant 
                recipient under this subparagraph for each fiscal year 
                following the fiscal year for which an initial grant is 
                awarded, in an amount not to exceed the amount of non-
                Federal funds raised by the coalition, including in-
                kind contributions, for that fiscal year, during the 4-
                year period following the period of the initial grant.
                    (E) Limitation.--The amount of a grant award under 
                this section may not exceed $300,000 for a fiscal year.
            (6) Permitted use of funds.--A coalition receiving funds 
        under this section may expend such Federal funds on any use or 
        program that is contained in the plan submitted to the 
        Administrator.
            (7) Congressional consultation.--Two years after the date 
        of implementation of the program established in this section, 
        the General Accounting Office shall submit a report to Congress 
        reviewing the effectiveness of the program in suppressing and 
        reducing violent juvenile crime in the participating 
        communities. The report shall contain an analysis of each 
        community participating in the program, along with information 
        regarding the plan undertaken in the community, and the 
        effectiveness of the plan in reducing violent juvenile crime. 
        The report shall contain recommendations regarding the efficacy 
        of continuing the program.
    (b) Information Collection and Dissemination With Respect to 
Coalitions.--
            (1) Coalition information.--For the purpose of audit and 
        examination, the Administrator--
                    (A) shall have access to any books, documents, 
                papers, and records that are pertinent to any grant or 
                grant renewal request under this section; and
                    (B) may periodically request information from a 
                coalition to ensure that the coalition meets the 
                applicable criteria.
            (2) Reporting.--The Administrator shall, to the maximum 
        extent practicable and in a manner consistent with applicable 
        law, minimize reporting requirements by a coalition and 
        expedite any application for a renewal grant made under this 
        section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund to carry out 
this section, $3,000,000 in each of fiscal years 1999, 2000, and 2001.

SEC. 1303. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE 
              ALIEN OFFENDERS.

    (a) In General.--Section 501 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1365) is amended--
            (1) in subsection (a), by inserting ``or illegal juvenile 
        alien who has been adjudicated delinquent and committed to a 
        juvenile correctional facility by such State or locality'' 
        before the period;
            (2) in subsection (b), by inserting ``(including any 
        juvenile alien who has been adjudicated delinquent and has been 
        committed to a correctional facility)'' before ``who is in the 
        United States unlawfully''; and
            (3) by adding at the end the following:
    ``(f) Juvenile Alien Defined.--In this section, the term `juvenile 
alien' means an alien (as that term is defined in section 101(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1103)) who has been 
adjudicated delinquent and committed to a correctional facility by a 
State or locality as a juvenile offender.''.
    (b) Annual Report.--Section 332 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) the number of illegal juvenile aliens that are 
        committed to State or local juvenile correctional facilities, 
        including the type of offense committed by each juvenile.''.
    (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iv) is a juvenile alien with respect to 
                        whom section 501 of the Immigration Reform and 
                        Control Act of 1986 applies.''.

             Subtitle D--Protecting Children From Violence

                          PART 1--GUN OFFENSES

SEC. 1410. GUN BAN FOR DANGEROUS JUVENILE OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(20)'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii);
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) For purposes of section 922(d), (g), and (s) 
                of this chapter, the term `act of juvenile delinquency' 
                means an adjudication of delinquency based on a finding 
                of the commission of an act by a person prior to his or 
                her eighteenth birthday that, if committed by an adult, 
                would be a serious drug offense or violent felony (as 
                defined in section 3559(c)(2) of this title), on or 
                after the date of enactment of this paragraph.''; and
            (4) by striking ``What constitutes'' through the end and 
        inserting the following: ``What constitutes a conviction of 
        such a crime or an adjudication of juvenile delinquency shall 
        be determined in accordance with law of the jurisdiction in 
        which the proceedings were held. Any State conviction or 
        adjudication of delinquency which has been expunged or set 
        aside for which a person has been pardoned or has had civil 
        rights restored by the jurisdiction in which the conviction or 
        adjudication of delinquency occurred shall not be considered a 
        conviction or adjudication of delinquency.
    (b) Prohibition.--Section 922 of title 18, United States Code is 
amended--
            (1) in subsection (d)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of juvenile delinquency.'';
            (2) in subsection (g)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of juvenile delinquency.''; 
        and
            (3) in subsection (s)(3)(B)--
                    (A) by striking ``and'' at the end of clause (vi);
                    (B) by inserting ``and'' after the semicolon at the 
                end of clause (vii); and
                    (C) by inserting after clause (vii) the following:
                            ``(viii) has not committed an act of 
                        juvenile delinquency.''.

SEC. 1411. IMPROVING FIREARMS SAFETY.

    (a) Secure Gun Storage Device.--Section 921(a) of title 18, United 
States Code, is amended by adding at the end the following:
            ``(34) The term `secure gun storage or safety device' 
        means--
                    ``(A) a device that, when installed on a firearm, 
                is designed to prevent the firearm from being operated 
                without first deactivating the device;
                    ``(B) a device incorporated into the design of the 
                firearm that is designed to prevent the operation of 
                the firearm by anyone not having access to the device; 
                or
                    ``(C) a safe, gun safe, gun case, lock box, or 
                other device that is designed to be or can be used to 
                store a firearm and that is designed to be unlocked 
                only by means of a key, a combination, or other similar 
                means.''.
    (b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) in the case of an application to be licensed 
                as a dealer, the applicant certifies that secure gun 
                storage or safety devices will be available at any 
                place in which firearms are sold under the license to 
                persons who are not licensees (subject to the exception 
                that in any case in which a secure gun storage or 
                safety device is temporarily unavailable because of 
                theft, casualty loss, consumer sales, backorders from a 
                manufacturer, or any other similar reason beyond the 
                control of the licensee, the dealer shall not be 
                considered to be in violation of the requirement under 
                this subparagraph to make available such a device).''.
    (c) Revocation of Dealer's License for Failure To Have Secure Gun 
Storage or Safety Devices Available.--The first sentence of section 
923(e) of title 18, United States Code, is amended by inserting before 
the period at the end the following: ``or fails to have secure gun 
storage or safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees (except that in 
any case in which a secure gun storage or safety device is temporarily 
unavailable because of theft, casualty loss, consumer sales, backorders 
from a manufacturer, or any other similar reason beyond the control of 
the licensee, the dealer shall not be considered to be in violation of 
the requirement to make available such a device)''.
    (d) Statutory Construction.--Nothing in the amendments made by this 
section shall be construed--
            (1) as creating a cause of action against any firearms 
        dealer or any other person for any civil liability; or
            (2) as establishing any standard of care.

SEC. 1412. ENHANCED PENALTIES FOR DISCHARGING OR POSSESSING A FIREARM 
              DURING A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

    (a) In General.--Section 924(c) of title 18, United States Code, is 
amended--
            (1) by striking ``(c)'' and all that follows through 
        ``(2)'' and inserting the following:
    ``(c) Possession of Firearm During Commission of Crime of Violence 
or Drug Trafficking Crime.--
            ``(1) Term of imprisonment.--
                    ``(A) In general.--Except to the extent that a 
                greater minimum sentence is otherwise provided by this 
                subsection or by any other provision of law, any person 
                who, during and in relation to any crime of violence or 
                drug trafficking crime (including a crime of violence 
                or drug trafficking crime that provides for an enhanced 
punishment if committed by the use of a deadly or dangerous weapon or 
device) for which a person may be prosecuted in a court of the United 
States, uses or carries a firearm, or who, in furtherance of any such 
crime, possesses a firearm, shall, in addition to the punishment 
provided for such crime of violence or drug trafficking crime--
                            ``(i) be sentenced to a term of 
                        imprisonment of not less than 5 years; and
                            ``(ii) if the firearm is discharged, be 
                        sentenced to a term of imprisonment of not less 
                        than 10 years.
                    ``(B) Exception for certain offenses.--If the 
                firearm possessed by a person convicted of a violation 
                of this subsection--
                            ``(i) is a short-barreled rifle, short-
                        barreled shotgun, or semiautomatic assault 
                        weapon, the person shall be sentenced to a term 
                        of imprisonment of not less than 10 years; and
                            ``(ii) is a machinegun or a destructive 
                        device, or is equipped with a firearm silencer 
                        or firearm muffler, the person shall be 
                        sentenced to a term of imprisonment of not less 
                        than 30 years.
                    ``(C) Exception for certain offenders.--In the case 
                of a second or subsequent conviction under this 
                subsection, a person shall--
                            ``(i) be sentenced to a term of 
                        imprisonment of not less than 25 years; and
                            ``(ii) if the firearm at issue is a 
                        machinegun or a destructive device, or is 
                        equipped with a firearm silencer or firearm 
                        muffler, be sentenced to a term of imprisonment 
                        for life.
                    ``(D) Probation and concurrent sentences.--
                Notwithstanding any other provision of law--
                            ``(i) a court shall not place on probation 
                        any person convicted of a violation of this 
                        subsection; and
                            ``(ii) no term of imprisonment imposed on a 
                        person under this subsection shall run 
                        concurrently with any other term of 
                        imprisonment imposed on the person, including 
                        any term of imprisonment imposed for the crime 
                        of violence or drug trafficking crime during 
                        which the firearm was used, carried, or 
                        possessed.
            ``(2) Definition of `drug trafficking crime'.--''; and
            (2) in paragraph (3)--
                    (A) by striking ``(3) For'' and inserting the 
                following:
            ``(3) Definition of `crime of violence'.--For''; and
                    (B) by indenting each of subparagraphs (A) and (B) 
                2 ems to the right.
    (b) Conforming Amendment.--Section 3559(c)(2)(F)(i) of title 18, 
United States Code, is amended by inserting ``firearms possession (as 
described in section 924(c));'' after ``firearms use;''.

SEC. 1413. JUVENILE HANDGUN SAFETY.

    (a) Juvenile Handgun Safety.--Section 924(a)(6) of title 18, United 
States Code, is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (A); 
        and
            (3) in subparagraph (A), as redesignated--
                    (A) by striking ``A person other than a juvenile 
                who knowingly'' and inserting ``A person who 
                knowingly''; and
                    (B) in clause (i), by striking ``not more than 1 
                year'' and inserting ``not more than 5 years''.

SEC. 1414. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL 
              PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(iii) any act of juvenile delinquency that, if 
                committed by an adult, would be an offense described in 
                this paragraph;''.

SEC. 1415. INCREASED PENALTY FOR TRANSFERRING A FIREARM TO A MINOR FOR 
              USE IN CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

    Section 924(h) of title 18, United States Code, is amended by 
striking ``10 years, fined in accordance with this title, or both'' and 
inserting ``10 years, and if the transferee is a person who is under 18 
years of age, imprisoned for a term of not more than 15 years, fined in 
accordance with this title, or both''.

SEC. 1416. INCREASED PENALTY FOR FIREARMS CONSPIRACY.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(p) Except as otherwise provided in this section, a person who 
conspires to commit an offense defined in this chapter shall be subject 
to the same penalties (other than the penalty of death) as those 
prescribed for the offense the commission of which is the object of the 
conspiracy.''.

             PART 2--LOCAL GUN VIOLENCE PREVENTION PROGRAMS

SEC. 1421. COMPETITIVE GRANTS FOR CHILDREN'S FIREARM SAFETY EDUCATION.

    (a) Purposes.--The purposes of this section are--
            (1) to award grants to assist local educational agencies, 
        in consultation with community groups and law enforcement 
        agencies, to educate children about and preventing violence; 
        and
            (2) to assist communities in developing partnerships 
        between public schools, community organizations, law 
        enforcement, and parents in educating children about preventing 
        gun violence.
    (b) Definitions.--In this section:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the same meaning given such term in section 
        14101(18) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 8701).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (3) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and the United States Virgin Islands.
    (c) Allocation of Competitive Grants.--
            (1) Grants by the secretary.--For any fiscal year in which 
        the amount appropriated to carry out this section does not 
        equal or exceed $50,000,000, the Secretary of Education is 
        authorized to award competitive grants described under 
        subsection (d).
            (2) Grants by the states.--For any fiscal year in which the 
        amount appropriated to carry out this section exceeds 
        $50,000,000, the Secretary shall make allotments to State 
        educational agencies pursuant to paragraph (3) to award 
        competitive grants described in subsection (d).
            (3) Formula.--Except as provided in paragraph (4), funds 
        appropriated to carry out this section shall be allocated among 
        the States as follows:
                    (A) 75 percent of such amount shall be allocated 
                proportionately based upon the population that is less 
                than 18 years of age in the State.
                    (B) 25 percent of such amount shall be allocated 
                proportionately based upon the population that is less 
                than 18 years of age in the State that is incarcerated.
            (4) Minimum allotment.--Of the amounts appropriated to 
        carry out this section, 0.50 percent shall be allocated to each 
        State.
    (d) Authorization of Competitive Grants.--The Secretary or the 
State educational agency, as the case may be, is authorized to award 
grants to eligible local educational agencies for the purposes of 
educating children about preventing gun violence.
            (1) Assurances.--
                    (A) The Secretary or the State educational agency, 
                as the case may be, shall ensure that not less than 90 
                percent of the funds allotted under this section are 
                distributed to local educational agencies.
                    (B) In awarding the grants, the Secretary or the 
                State educational agency, as the case may be, shall 
                ensure, to the maximum extent practicable--
                            (i) an equitable geographic distribution of 
                        grant awards;
                            (ii) an equitable distribution of grant 
                        awards among programs that serve public 
                        elementary school students, public secondary 
                        school students, and a combination of both; and
                            (iii) that urban, rural and suburban areas 
                        are represented within the grants that are 
                        awarded.
            (2) Priority.--In awarding grants under this section, the 
        Secretary or the State educational agency, as the case may be, 
        shall give priority to a local educational agency that--
                    (A) coordinates with other Federal, State, and 
                local programs that educate children about personal 
                health, safety, and responsibility, including programs 
                carried out under the Safe and Drug-Free Schools and 
                Communities Act of 1994 (20 U.S.C. 7101 et seq.);
                    (B) serves a population with a high incidence of 
                students found in possession of a weapon on school 
                property or students suspended or expelled for bringing 
a weapon onto school grounds or engaging in violent behavior on school 
grounds; and
                    (C) forms a partnership that includes not less than 
                1 local educational agency working in consultation with 
                not less than 1 public or private nonprofit agency or 
                organization with experience in violence prevention or 
                1 local law enforcement agency.
            (3) Peer review; consultation.--
                    (A) In general.--
                            (i) Peer review by panel.--Before grants 
                        are awarded, the Secretary shall submit grant 
                        applications to a peer review panel for 
                        evaluation.
                            (ii) Composition of panel.--The panel shall 
                        be composed of not less than 1 representative 
                        from a local educational agency, State 
                        educational agency, a local law enforcement 
                        agency, and a public or private nonprofit 
                        organization with experience in violence 
                        prevention.
                    (B) Consultation.--The Secretary shall submit grant 
                applications to the Attorney General for consultation.
    (e) Eligible Grant Recipients.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible grant recipient is a local educational agency that may 
        work in partnership with 1 or more of the following:
                    (A) A public or private nonprofit agency or 
                organization with experience in violence prevention.
                    (B) A local law enforcement agency.
                    (C) An institution of higher education.
            (2) Exception.--A State educational agency may, with the 
        approval of a local educational agency, submit an application 
        on behalf of such local educational agency or a consortium of 
        such agencies.
    (f) Local Applications; Reports.--
            (1) Applications.--Each local educational agency that 
        wishes to receive a grant under this section shall submit an 
        application to the Secretary and the State educational agency 
        that includes--
                    (A) a description of the proposed activities to be 
                funded by the grant and how each activity will further 
                the goal of educating children about preventing gun 
                violence;
                    (B) how the program will be coordinated with other 
                programs that educate children about personal health, 
                safety, and responsibility, including programs carried 
                out under the Safe and Drug-Free Schools and 
                Communities Act of 1994 (20 U.S.C. 7101 et seq.); and
                    (C) the age and number of children that the 
                programs will serve.
            (2) Reports.--Each local educational agency that receives a 
        grant under this section shall submit a report to the Secretary 
        and to the State educational agency not later than 18 months 
        after the grant is awarded and submit an additional report to 
        the Secretary and to the State not later than 36 months after 
        the grant is awarded. Each report shall include information 
        regarding--
                    (A) the activities conducted to educate children 
                about gun violence;
                    (B) how the program will continue to educate 
                children about gun violence in the future; and
                    (C) how the grant is being coordinated with other 
                Federal, State, and local programs that educate 
                children about personal health, safety, and 
                responsibility, including programs carried out under 
                the Safe and Drug-Free Schools and Communities Act of 
                1994 (20 U.S.C. 7101 et seq.).
    (g) Authorized Activities.--
            (1) Required activities.--Grants authorized under 
        subsection (d) shall be used for the following activities:
                    (A) Supporting existing programs that educate 
                children about personal health, safety, and 
                responsibility, including programs carried out under 
                the Safe and Drug-Free Schools and Communities Act of 
                1994 (20 U.S.C. 7101 et seq.).
                    (B) Educating children about the effects of gun 
                violence.
                    (C) Educating children to identify dangerous 
                situations in which guns are involved and how to avoid 
                and prevent such situations.
                    (D) Educating children how to identify threats and 
                other indications that their peers are in possession of 
                a gun and may use a gun, and what steps they can take 
                in such situations.
                    (E) Developing programs to give children access to 
                adults to whom they can report in a confidential manner 
                about problems relating to guns.
            (2) Permissible activities.--Grants authorized under 
        subsection (d) may be used for the following:
                    (A) Encouraging schoolwide programs and 
                partnerships that involve teachers, students, parents, 
                administrators, other staff, and members of the 
                community in reducing gun incidents in public 
                elementary and secondary schools.
                    (B) Establishing programs that assist parents in 
                helping educate their children about firearm safety and 
                the prevention of gun violence.
                    (C) Providing ongoing professional development for 
                public school staff and administrators to identify the 
                causes and effects of gun violence and risk factors and 
                student behavior that may result in gun violence, 
                including training sessions to review and update school 
                crisis response plans and school policies for 
                preventing the presence of guns on school grounds and 
                facilities.
                    (D) Providing technical assistance for school 
                psychologists and counselors to provide timely 
                counseling and evaluations, in accordance with State 
                and local laws, of students who possess a weapon on 
                school grounds.
                    (E) Improving security on public elementary and 
                secondary school campuses to prevent outside persons 
                from entering school grounds with firearms.
                    (F) Assisting public schools and communities in 
                developing crisis response plans when firearms are 
                found on school campuses and when gun-related incidents 
                occur.
    (h) State Applications; Activities and Reports.--
            (1) State applications.--
                    (A) Each State desiring to receive funds under this 
                section shall, through its State educational agency, 
                submit an application to the Secretary of Education at 
                such time and in such manner as the Secretary shall 
                require. Such application shall describe--
                            (i) the manner in which funds under this 
                        section for State activities and competitive 
                        grants will be used to fulfill the purposes of 
                        this section;
                            (ii) the manner in which the activities and 
                        projects supported by this section will be 
                        coordinated with other State and Federal 
                        education, law enforcement, and juvenile 
                        justice programs, including the Safe and Drug-
                        Free Schools and Communities Act of 1994 (20 
                        U.S.C. 7101 et seq.);
                            (iii) the manner in which States will 
                        ensure an equitable geographic distribution of 
                        grant awards; and
                            (iv) the criteria which will be used to 
                        determine the impact and effectiveness of the 
                        funds used pursuant to this section.
                    (B) A State educational agency may submit an 
                application to receive a grant under this section under 
                paragraph (1) or as an amendment to the application the 
                State educational agency submits under the Safe and 
                Drug-Free Schools and Communities Act of 1994 (20 
                U.S.C. 7101 et seq.).
            (2) State activities.--Of appropriated amounts allocated to 
        the States under subsection (c)(2), the State educational 
        agency may reserve not more than 10 percent for activities to 
        further the goals of this section, including--
                    (A) providing technical assistance to eligible 
                grant recipients in the State;
                    (B) performing ongoing research into the causes of 
                gun violence among children and methods to prevent gun 
                violence among children; and
                    (C) providing ongoing professional development for 
                public school staff and administrators to identify the 
                causes and indications of gun violence.
            (3) State reports.--Each State receiving an allotment under 
        this section shall submit a report to the Secretary and to the 
        Committees on Labor and Human Resources and the Judiciary of 
        the Senate and the Committees on Education and the Workforce 
        and the Judiciary of the House of Representatives, not later 
        than 12 months after receipt of the grant award and shall 
        submit an additional report to those committees not later than 
        36 months after receipt of the grant award. Each report shall 
        include information regarding--
                    (A) the progress of local educational agencies that 
                received a grant award under this section in the State 
                in educating children about firearms;
                    (B) the progress of State activities under 
                paragraph (1) to advance the goals of this section; and
                    (C) how the State is coordinating funds allocated 
                under this section with other State and Federal 
                education, law enforcement, and juvenile justice 
                programs, including the Safe and Drug-Free Schools and 
                Communities Act of 1994 (20 U.S.C. 7101 et seq.).
    (i) Supplement Not Supplant.--A State or local educational agency 
shall use funds received under this section only to supplement the 
amount of funds that would, in the absence of such Federal funds, be 
made available from non-Federal sources for reducing gun violence among 
children and educating children about firearms, and not to supplant 
such funds.
    (j) Displacement.--A local educational agency that receives a grant 
award under this section shall ensure that persons hired to carry out 
the activities under this section do not displace persons already 
employed.
    (k) Home Schools.--Nothing in this section shall be construed to 
affect home schools.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated for this section $60,000,000 for each of fiscal years 
1999, 2000, and 2001.

SEC. 1422. DISSEMINATION OF BEST PRACTICES VIA THE INTERNET.

    (a) Model Dissemination.--The Secretary of Education shall include 
on the Internet site of the Department of Education a description of 
programs that receive grants under section 1417.
    (b) Grant Program Notification.--The Secretary shall publicize the 
competitive grant program through its Internet site, publications, and 
public service announcements.

SEC. 1423. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT 
              OF 1994 TO PROVIDE COUNSELING AFTER GUN-RELATED VIOLENCE.

    Section 4116(a)(1) of the Safe and Drug-Free Schools and 
Communities Act of 1994 (20 U.S.C. 7116) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and by inserting after subparagraph (B) the following:
                    ``(C) to the extent practicable, provide--
                            ``(i) timely counseling (without requiring 
                        the hiring of additional staff);
                            ``(ii) evaluations of any student, in 
                        accordance with State and local law, who 
                        possesses a weapon on school grounds or who 
                        threatens to bring or use a weapon on school 
                        grounds; and
                            ``(iii) advice to public school students, 
                        staff, and administrators after an incident of 
                        violence on school grounds;''.

SEC. 1424. YOUTH CRIME GUN INTERDICTION INITIATIVE.

    (a) In General.--
            (1) Expansion of number of cities.--The Secretary of the 
        Treasury shall endeavor to expand the number of cities and 
        counties directly participating in the Youth Crime Gun 
        Interdiction Initiative (in this section referred to as the 
        ``YCGII'') to 75 cities or counties by October 1, 2000, to 150 
        cities or counties by October 1, 2002, and to 250 cities or 
        counties by October 1, 2003.
            (2) Selection.--Cities and counties selected for 
        participation in the YCGII shall be selected by the Secretary 
        of the Treasury and in consultation with Federal, State and 
        local law enforcement officials.
    (b) Identification of Individuals.--
            (1) In general.--The Secretary of the Treasury shall, 
        utilizing the information provided by the YCGII, facilitate the 
        identification and prosecution of individuals illegally 
        trafficking firearms to prohibited individuals.
            (2) Sharing of information.--The Secretary of the Treasury 
        shall share information derived from the YCGII with State and 
        local law enforcement agencies through on-line computer access, 
        as soon as such capability is available.
    (c) Grant Awards.--
            (1) In general.--The Secretary of the Treasury shall award 
        grants (in the form of funds or equipment) to States, cities, 
        and counties for purposes of assisting such entities in the 
        tracing of firearms and participation in the YCGII.
            (2) Use of grant funds.--Grants made under this part shall 
        be used to--
                    (A) hire or assign additional personnel for the 
                gathering, submission and analysis of tracing data 
                submitted to the Bureau of Alcohol, Tobacco and 
                Firearms under the YCGII;
                    (B) hire additional law enforcement personnel for 
                the purpose of identifying and arresting individuals 
                illegally trafficking firearms; and
                    (C) purchase additional equipment, including 
                automatic data processing equipment and computer 
                software and hardware, for the timely submission and 
                analysis of tracing data.

SEC. 1425. GRANT PRIORITY FOR TRACING OF GUNS USED IN CRIMES BY 
              JUVENILES.

    Section 517 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3763) is amended by adding at the end the following:
    ``(c) Priority.--In awarding discretionary grants under section 511 
to public agencies to undertake law enforcement initiatives relating to 
gangs, or relating to juveniles who are involved or at risk of 
involvement in gangs, the Director shall give priority to a public 
agency that includes in its application a description of strategies or 
programs of that public agency (either in effect or proposed) that 
provide cooperation between Federal, State, and local law enforcement 
authorities, through the use of firearms and ballistics identification 
systems, to disrupt illegal sale or transfer of firearms to or between 
juveniles through tracing the sources of guns used in crime that were 
provided to juveniles.''.

                      PART 3--JUVENILE GUN COURTS

SEC. 1431. DEFINITIONS.

    In this part:
            (1) Firearm.--The term ``firearm'' has the same meaning as 
        in section 921 of title 18, United States Code.
            (2) Firearm offender.--The term ``firearm offender'' means 
        any individual charged with an offense involving the illegal 
        possession, use, transfer, or threatened use of a firearm.
            (3) Juvenile gun court.--The term ``juvenile gun court'' 
        means a specialized division within a State or local juvenile 
        court system, or a specialized docket within a State or local 
        court that considers exclusively cases involving juvenile 
        firearm offenders.
            (4) Local court.--The term ``local court'' means any 
        section or division of a State or municipal juvenile court 
        system.

SEC. 1432. GRANT PROGRAM.

    The Attorney General may provide grants in accordance with this 
part to States, State courts, local courts, units of local government, 
and Indian tribes for court-based juvenile justice programs that target 
juvenile firearm offenders through the establishment of juvenile gun 
courts.

SEC. 1433. APPLICATIONS.

    (a) Eligibility.--In order to be eligible to receive a grant under 
this part, the chief executive of a State, unit of local government, or 
Indian tribe, or the chief judge of a local court, shall submit an 
application to the Attorney General in such form and containing such 
information as the Attorney General may reasonably require.
    (b) Requirements.--Each application submitted in accordance with 
subsection (a) shall include--
            (1) a request for a grant to be used for the purposes 
        described in this part;
            (2) a description of the communities to be served by the 
        grant, including the extent of juvenile crime, juvenile 
        violence, and juvenile firearm use and possession in such 
        communities;
            (3) written assurances that Federal funds received under 
        this part will be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this subsection;
            (4) a comprehensive plan described in subsection (c) 
        (hereafter in this part referred to as the ``comprehensive 
        plan''); and
            (5) any additional information in such form and containing 
        such information as the Attorney General may reasonably 
        require.
    (c) Comprehensive Plan.--For purposes of subsection (b), a 
comprehensive plan as described in this subsection includes--
            (1) a description of the juvenile crime and violence 
        problems in the jurisdiction of the applicant, including gang 
        crime and juvenile firearm use and possession;
            (2) an action plan outlining the manner in which the 
        applicant would use the grant amounts in accordance with this 
        part;
            (3) a description of any resources available in the 
        jurisdiction of the applicant to implement the action plan 
        described in paragraph (2); and
            (4) a description of the plan of the applicant for 
        evaluating the performance of the juvenile gun court.

SEC. 1434. GRANT AWARDS.

    (a) Considerations.--In awarding grants under this part, the 
Attorney General shall consider--
            (1) the ability of the applicant to provide the stated 
        services;
            (2) the level of juvenile crime, violence, and drug use in 
        the community; and
            (3) to the extent practicable, achievement of an equitable 
        geographic distribution of the grant awards.
    (b) Diversity.--The Attorney General shall allot not less than 0.75 
percent of the total amount made available each fiscal year to carry 
out this part to applicants in each State from which applicants have 
applied for grants under this subtitle.
    (c) Indian Tribes.--The Attorney General shall allocate 0.75 
percent of amounts made available under this part for grants to Indian 
tribes.

SEC. 1435. USE OF GRANT AMOUNTS.

    Each grant made under this part shall be used to--
            (1) establish juvenile gun courts for adjudication of 
        juvenile firearm offenders;
            (2) grant prosecutorial discretion to try, in a gun court, 
        cases involving the illegal possession, use, transfer, or 
        threatened use of a firearm by a juvenile;
            (3) require prosecutors to transfer such cases to the gun 
        court calendar not later than 30 days after arraignment;
            (4) require that gun court trials commence not later than 
        60 days after transfer to the gun court;
            (5) facilitate innovative and individualized sentencing 
        (such as incarceration, house arrest, victim impact classes, 
        electronic monitoring, restitution, and gang prevention 
        programs);
            (6) provide services in furtherance of paragraph (5);
            (7) limit grounds for continuances and grant continuances 
        only for the shortest practicable time;
            (8) ensure that any term of probation or supervised release 
        imposed on a firearm offender in a juvenile gun court, in 
        addition to, or in lieu of, a term of incarceration, shall 
        include a prohibition on firearm possession during such 
        probation or supervised release and that violation of that 
        prohibition shall result in, to the maximum extent permitted 
        under State law, a term of incarceration; and
            (9) allow transfer of a case or an offender out of the gun 
        court by agreement of the parties, subject to court approval.

SEC. 1436. GRANT LIMITATIONS.

    Not more than 5 percent of the amounts made available to the 
Attorney General or a grant recipient under this part may be used for 
administrative purposes.

SEC. 1437. FEDERAL SHARE.

    (a) In General.--Subject to subsections (b) and (c), the Federal 
share of a grant made under this part may not exceed 90 percent of the 
total cost of the program or programs of the grant recipient that are 
funded by that grant for the fiscal year for which the program receives 
assistance under this part.
    (b) Waiver.--The Attorney General may waive, in whole or in part, 
the requirements of subsection (a).
    (c) In-Kind Contributions.--For purposes of subsection (a), in-kind 
contributions may constitute any portion of the non-Federal share of a 
grant under this part.
    (d) Continued Availability of Grant Amounts.--Any amount provided 
to a grant recipient under this part shall remain available until 
expended.

SEC. 1438. REPORT AND EVALUATION.

    (a) Report to the Attorney General.--Not later than March 1, 1999, 
and March 1 of each year thereafter, each grant recipient under this 
part shall submit to the Attorney General a report that describes, for 
the year to which the report relates, any progress achieved in carrying 
out the comprehensive plan of the grant recipient.
    (b) Evaluation and Report to Congress.--Not later than October 1, 
1999, and October 1 of each year thereafter, the Attorney General shall 
submit to Congress an evaluation and report that contains a detailed 
statement regarding grant awards, activities of grant recipients, a 
compilation of statistical information submitted by grant recipients 
under this part, and an evaluation of programs established by grant 
recipients under this part.
    (c) Criteria.--In assessing the effectiveness of the programs 
established and operated by grant recipients pursuant to this part, the 
Attorney General shall consider--
            (1) the number of juveniles tried in gun court sessions in 
        the jurisdiction of the grant recipient;
            (2) a comparison of the amount of time between the filing 
        of charges and ultimate disposition in gun court and nongun 
        court cases;
            (3) the recidivism rates of juvenile offenders tried in gun 
        court sessions in the jurisdiction of the grant recipient in 
        comparison to those tried outside of drug courts;
            (4) changes in the amount of gun-related and gang-related 
        crime in the jurisdiction of the grant recipient; and
            (5) the quantity of firearms and ammunition recovered in 
        gun court cases in the jurisdiction of the grant recipient.
    (d) Documents and Information.--Each grant recipient under this 
part shall provide the Attorney General with all documents and 
information that the Attorney General determines to be necessary to 
conduct an evaluation of the effectiveness of programs funded under 
this part.

SEC. 1439. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this part from 
the Violent Crime Reduction Trust Fund--
            (1) such sums as may be necessary for each of the fiscal 
        years 1999 and 2000;
            (2) $50,000,000 for fiscal year 2001; and
            (3) $50,000,000 for fiscal year 2002.

                     PART 4--YOUTH VIOLENCE COURTS

SEC. 1440. CREATION OF YOUTH VIOLENCE COURTS.

    Section 210602 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 14161) is amended--
            (1) by redesignating subsections (a), (b), (c), and (d) as 
        paragraphs (1), (2), (3), and (4), respectively;
            (2) by redesignating paragraphs (1), (2), (3), (4), and (5) 
        as subparagraphs (A), (B), (C), (D), and (E), respectively;
            (3) by inserting before paragraph (1), as so designated, 
        the following:
    ``(a) State and Local Court Assistance.--''; and
            (4) by adding after subsection (a), as so designated, the 
        following:
    ``(b) Youth Violence Courts.--
            ``(1) Authority to make grants and enter into contracts.--
                    ``(A) In general.--The Attorney General is 
                authorized to award grants and enter into cooperative 
                agreements and contracts with States, State courts, 
                local courts, units of local government, Indian tribes, 
                and tribal courts to plan, develop, implement, and 
                administer programs to adjudicate and better manage 
                juvenile and youthful violent offenders within State, 
                tribal, and local court systems.
                    ``(B) Initiatives.--Initiatives funded under this 
                paragraph may include--
                            ``(i) the establishment of court based 
                        juvenile justice programs that target young 
                        firearms offenders through the establishment of 
                        juvenile gun courts for the adjudication and 
                        prosecution of juvenile firearms offenders;
                            ``(ii) the establishment of drug court 
                        programs for juveniles so as to provide 
                        continuing judicial supervision over juvenile 
                        offenders with substance abuse problems and to 
                        provide the integrated administration of other 
                        sanctions and services as enumerated under the 
                        provisions of section 50001 of the Violent 
                        Crime Control and Law Enforcement Act of 1994 
                        (42 U.S.C. 3796ii), as in effect on the day 
                        before the date of enactment of Public Law 104-
                        134;
                            ``(iii) the establishment of courts of 
                        specialized or joint jurisdiction as deemed 
                        appropriate by a jurisdiction's chief judicial 
                        officer; and
                            ``(iv) the establishment of programs aimed 
                        at the enhanced and improved adjudication of 
                        juvenile offenders, including innovative 
                        programs involving the courts, prosecutors, 
                        public defenders, probation offices, and 
                        corrections agencies.
            ``(2) Application.--The Attorney General shall establish 
        guidelines governing the administration of this program. Such 
        guidelines shall include the manner and content of applications 
        for funding under this program, as well as procedures and 
        methods for the distribution of funds distributed under this 
        program.
            ``(3) Federal share.--The Federal share of any individual 
        grant made under this program may not exceed 75 percent. 
        Further, in-kind contributions, pursuant to the discretion of 
        the Attorney General may constitute a portion, or all, of the 
        non-Federal share of a grant made under this program. With 
        regard to grants to Indian tribes, the Attorney General may 
        allow other Federal funds to constitute all or a portion of the 
        non-Federal share.
            ``(4) Geographic distribution.--The Attorney General shall 
        ensure that, to the extent reasonable and practicable, an 
        equitable geographic distribution of grant awards is made.
            ``(5) Training and technical assistance.--Two percent of 
        all funds appropriated for this part shall be set aside for use 
        by the Attorney General for training and technical assistance 
        consistent with this program.''.

                   TITLE II--COMBATING GANG VIOLENCE

       Subtitle A--Enhanced Penalties for Gang-Related Activities

SEC. 2100. GANG FRANCHISING.

    Chapter 26 of title 18, United States Code, is amended by adding at 
the end the following:

``SEC. 522. INTERSTATE FRANCHISING OF CRIMINAL STREET GANGS.

    ``(a) Prohibited Act.--Whoever travels in interstate or foreign 
commerce, or causes another to do so, to recruit, solicit, induce, 
command, or cause to create, or attempt to create a franchise of a 
criminal street gang shall be punished in accordance with subsection 
(c).
    ``(b) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the meaning given that term in section 521.
            ``(2) Franchise.--The term `franchise' means an organized 
        group of individuals related by name, moniker, or other 
        identifier, that engages in coordinated violent crime or drug 
        trafficking activities in interstate or foreign commerce with a 
        criminal street gang in another State.
    ``(c) Penalties.--A person who violates subsection (a) shall be 
imprisoned for not more than 10 years, fined under this title, or 
both.''.

SEC. 2101. ENHANCED PENALTY FOR USE OR RECRUITMENT OF MINORS IN GANGS.

    (a) In General.--Chapter 26 of title 18, United States Code, as 
amended by section 2100 of this Act, is amended by adding at the end 
the following:
``Sec. 523. Sentencing enhancement for use or recruitment of minors
    ``Pursuant to its authority under section 994(p) of title 28, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines to provide an appropriate enhancement for the use of minors 
in a criminal street gang and the recruitment of minors in furtherance 
of the creation of a criminal street gang franchise.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 26 of 
title 18, United States Code, is amended by adding at the end the 
following:

``522. Interstate franchising of criminal street gangs.
``523. Sentencing enhancement for use or recruitment of minors.''.

SEC. 2102. GANG FRANCHISING AS A RICO PREDICATE.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(F)''; and
            (2) by inserting ``, or (G) an offense under section 522 of 
        this title'' before the semicolon at the end.

SEC. 2103. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS GANG 
              MEMBER.

    (a) Definition of Criminal Street Gang.--In this section, the term 
``criminal street gang'' has the same meaning as in section 521(a) of 
title 18, United States Code.
    (b) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate enhancement with respect to any offense 
committed in connection with, or in furtherance of, the activities of a 
criminal street gang if the defendant is a member of the criminal 
street gang at the time of the offense.
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.

SEC. 2104. ENHANCED PENALTY FOR POSSESSION OF FIREARMS IN RELATION TO 
              COUNTS OF VIOLENCE OR DRUG TRAFFICKING CRIMES.

    (a) Definitions.--In this section, the terms ``crime of violence'' 
and ``drug trafficking crime'' have the same meanings as in section 
924(c) of title 18, United States Code.
    (b) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate sentence enhancement with respect to any 
defendant who discharges a firearm during or in relation to any crime 
of violence or any drug trafficking crime.
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.

SEC. 2105. PUNISHMENT OF ARSONS OR BOMBINGS AT FACILITIES RECEIVING 
              FEDERAL FINANCIAL ASSISTANCE.

    Section 844(f)(1) of title 18, United States Code, is amended by 
inserting ``or any institution or organization receiving Federal 
financial assistance'' after ``or agency thereof,''.

SEC. 2106. ELIMINATION OF STATUTE OF LIMITATIONS FOR MURDER.

    (a) In General.--Section 3281 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3281. Capital offenses and Class A felonies involving murder
    ``An indictment for any offense punishable by death or an 
indictment or information for a Class A felony involving murder (as 
defined in section 1111 or as defined under applicable State law in the 
case of an offense under section 1963(a) involving racketeering 
activity described in section 1961(1)) may be found at any time without 
limitation.''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
any offense for which the applicable statute of limitations had not run 
as of the date of enactment of this Act.

SEC. 2107. EXTENSION OF STATUTE OF LIMITATIONS FOR VIOLENT AND DRUG 
              TRAFFICKING CRIMES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3296. Class A violent and drug trafficking offenses
    ``Except as provided in section 3281, no person shall be 
prosecuted, tried, or punished for a Class A felony that is a crime of 
violence or a drug trafficking crime (as that term is defined in 
section 924(c)) unless the indictment is returned or the information is 
filed within 10 years after the commission of the offense.''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
any offense for which the applicable statute of limitations had not run 
as of the date of enactment of this Act.
    (c) Conforming Amendments.--The chapter analysis for chapter 213 of 
title 18, United States Code, is amended--
            (1) in the item relating to section 3281, by inserting 
        ``and Class A felonies involving murder'' before the period; 
        and
            (2) by adding at the end the following:

``3296. Class A violent and drug trafficking offenses.''.

SEC. 2108. INCREASED PENALTIES UNDER THE RICO LAW FOR GANG AND VIOLENT 
              CRIMES.

    Section 1963(a) of title 18, United States Code, is amended by 
striking ``or imprisoned not more than 20 years (or for life if the 
violation is based on a racketeering activity for which the maximum 
penalty includes life imprisonment), or both,'' and inserting ``or 
imprisoned not more than the greater of 20 years or the statutory 
maximum term of imprisonment (other than the penalty of death) 
applicable to a racketeering activity on which the violation is based, 
or both,''.

SEC. 2109. INCREASED PENALTY AND BROADENED SCOPE OF STATUTE AGAINST 
              VIOLENT CRIMES IN AID OF RACKETEERING.

    Section 1959(a) of title 18, United States Code, is amended--
            (1) by inserting ``or commits any other crime of violence'' 
        before ``or threatens to commit a crime of violence'';
            (2) in paragraph (4), by inserting ``committing any other 
        crime of violence or for'' before ``threatening to commit a 
        crime of violence'', and by striking ``five'' and inserting 
        ``ten'';
            (3) in paragraph (5), by striking ``for not more than ten 
        years'' and inserting ``for any term of years or for life'';
            (4) in paragraph (6), by--
                    (A) striking ``or'' before ``assault resulting in 
                serious bodily injury'';
                    (B) inserting ``or any other crime of violence'' 
                after ``assault resulting in serious bodily injury''; 
                and
                    (C) striking ``three'' and inserting ``10''; and
            (5) by inserting ``(as defined in section 1365 of this 
        title)'' after ``serious bodily injury'' the first place that 
        term appears.

SEC. 2110. FACILITATING THE PROSECUTION OF CARJACKING OFFENSES.

    Section 2119 of title 18, United States Code, is amended by 
striking ``, with the intent to cause death or serious bodily harm''.

SEC. 2111. FACILITATION OF RICO PROSECUTIONS.

    Section 1962(d) of title 18, United States Code, is amended by 
adding at the end the following: ``For purposes of this subsection, it 
is not necessary to establish that the defendant personally committed 
an act of racketeering activity.''.

SEC. 2112. FORFEITURE FOR CRIMES OF VIOLENCE, RACKETEERING, AND 
              OBSTRUCTION OF JUSTICE.

    (a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States 
Code, is amended by adding at the end the following:
                    ``(G) Any proceeds of a crime of violence (as 
                defined in Section 16), an offense under chapter 95 
                (racketeering), or any offense under chapter 73 
                (obstruction of justice), or a conspiracy to commit 
such offense, any property used to facilitate such offense, and any 
property traceable to such property.''.
    (b) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended by adding at the end the following:
    ``(7) The court, in imposing a sentence on a person convicted of a 
crime of violence (as defined in section 16), an offense under chapter 
95 (racketeering), or any offense under chapter 73 (obstruction of 
justice), or a conspiracy to commit such offense, shall order the 
person to forfeit to the United States any proceeds derived from such 
offense, any property used or intended to be used to commit such 
offense, and any property traceable to such property.''.

SEC. 2113. EXPANSION OF DEFINITION OF ``RACKETEERING ACTIVITY'' TO 
              AFFECT GANGS IN INDIAN COUNTRY.

    Section 1961(1)(A) of title 18, United States Code, is amended by 
inserting ``or, with respect to an act or threat occurring solely in 
Indian country, as defined in section 1151 of this title, Federal'' 
after ``chargeable under State''.

SEC. 2114. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

    (a) In General.--Chapter 33 of title 18, United States Code, is 
amended by inserting after section 537 the following:
``Sec. 538. Investigation of serial killings
    ``(a) Authorization Upon Request.--The Attorney General and the 
Federal Bureau of Investigation may investigate serial killings in 
violation of the laws of a State or political subdivision, when such 
investigation is requested by the head of a law enforcement agency with 
investigative or prosecutive jurisdiction over the offense.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Killing.--The term `killing' means conduct that would 
        constitute an offense under section 1111 of title 18, United 
        States Code, if Federal jurisdiction existed.
            ``(2) Serial killings.--The term `serial killings' means a 
        series of 3 or more killings, at least 1 of which was committed 
        within the United States, having common characteristics such as 
        to suggest the reasonable possibility that the crimes were 
        committed by the same actor or actors.
            ``(3) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (b) Conforming Amendment.--The table of sections for chapter 33 of 
title 28, United States Code, is amended by inserting after the item 
for section 537 the following:

``538. Investigation of serial killings.''.

SEC. 2115. INCREASED PENALTIES FOR VIOLENCE IN THE COURSE OF RIOT 
              OFFENSES.

    Section 2101(a) of title 18, United States Code, is amended by 
striking ``paragraph--'' and all that follows through the end of the 
subsection and inserting ``shall be fined under this title--
            ``(i) if death results from such act, be imprisoned for any 
        term of years or for life, or both;
            ``(ii) if serious bodily injury (as defined in section 1365 
        of this title) results from such act, be imprisoned for not 
        more than 20 years, or both; or
            ``(iii) in any other case, be imprisoned for not more than 
        5 years, or both''.

SEC. 2116. EXPANSION OF FEDERAL JURISDICTION OVER CRIMES OCCURRING IN 
              PRIVATE PENAL FACILITIES HOUSING FEDERAL PRISONERS OR 
              PRISONERS FROM OTHER STATES.

    Section 1791(d)(4) of title 18, United States Code, is amended by 
inserting before the period at the end the following: ``, including 
privately owned facilities housing Federal prisoners or prisoners who 
are serving a term of imprisonment under a commitment order from a 
State other than the State in which the penal facility is located''.

            Subtitle B--Targeting Gang-Related Gun Offenses

SEC. 2200. TRANSFER OF FIREARM TO COMMIT A CRIME OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended by 
inserting ``or having reasonable cause to believe'' after ``knowing''.

SEC. 2201. INCREASED PENALTY FOR KNOWINGLY RECEIVING FIREARM WITH 
              OBLITERATED SERIAL NUMBER.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(k),''; and
            (2) in paragraph (2), by inserting ``(k),'' after ``(j),''.

SEC. 2202. AMENDMENT OF THE SENTENCING GUIDELINES FOR TRANSFERS OF 
              FIREARMS TO PROHIBITED PERSONS.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall amend the 
Federal sentencing guidelines to increase the base offense level for 
offenses subject to section 2K2.1 of those guidelines (Unlawful 
Receipt, Possession, or Transportation of Firearms or Ammunition; 
Prohibited Transactions Involving Firearms or Ammunitions) to assume 
that a person who transferred a firearm or ammunition and who knew or 
had reasonable cause to believe that the transferee was a prohibited 
person is subject to the same base offense level as the transferee. The 
amended guidelines shall not require the same offense level for the 
transferor and transferee to the extent that the transferee's base 
offense level is subject to an additional increase on the basis of a 
past criminal conviction of either a crime of violence or a controlled 
substance offense.

SEC. 2203. FORFEITURE OF FIREARMS USED IN CRIMES OF VIOLENCE AND 
              FELONIES.

    (a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States 
Code, as amended by section 2112, is amended by adding at the end the 
following:
                    ``(H) Any firearm (as defined in section 921(a)(3)) 
                used or intended to be used to commit or to facilitate 
                the commission of any crime of violence (as defined in 
                Section 16 of this title) or any felony under Federal 
                law.''.
    (b) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended by adding at the end the following:
            ``(8) The court, in imposing a sentence on a person 
        convicted of any crime of violence (as defined in section 16 of 
        this title) or any felony under Federal law, shall order that 
        the person forfeit to the United States any firearm (as defined 
        in section 921(a)(3)) used or intended to be used to commit or 
        to facilitate the commission of the offense.''.
    (c) Disposal of Forfeited Property.--Section 981(c) of title 18, 
United States Code, is amended by adding at the end the following 
sentence: ``Any firearm forfeited pursuant to subsection (a)(1)(H) or 
section 982(a)(8) of this title shall be disposed of by the seizing 
agency in accordance with law.''.
    (d) Authority To Forfeit Property Under Section 924(d).--Section 
924(d) of title 18, United States Code, is amended by adding the 
following new paragraph:
            ``(4) Whenever any firearm is subject to forfeiture under 
        this section because it was involved in or used in a violation 
        of subsection (c), the Secretary of the Treasury shall have the 
        authority to seize and forfeit, in accordance with the 
        procedures of the applicable forfeiture statute, any property 
        otherwise forfeitable under the laws of the United States that 
        was involved in or derived from the crime of violence or drug 
        trafficking crime described in subsection (c) in which the 
        forfeited firearm was used or carried.''.
    (e) 120-Day Rule for Administrative Forfeiture.--Section 924(d)(1) 
of title 18, United States Code, is amended by adding at the end the 
following: ``If the Government institutes an administrative forfeiture 
action within the 120-day period, and a claim is then filed that 
requires that a judicial forfeiture action be filed in Federal court, 
the Government must file the judicial action within 120 days of the 
filing of the claim. The time during which any related criminal 
indictment or information is pending shall not be counted in 
calculating any 120-day period referred to in this subsection.''.

Subtitle C--Using and Protecting Witnesses To Help Prosecute Gangs and 
                        Other Violent Criminals

SEC. 2300. INTERSTATE TRAVEL TO ENGAGE IN WITNESS INTIMIDATION OR 
              OBSTRUCTION OF JUSTICE.

    Section 1952 of title 18, United States Code, is amended--
            (1) by redesignating subsections (b) and (c) as (c) and 
        (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Whoever travels in interstate or foreign commerce with intent 
by bribery, force, intimidation, or threat, directed against any 
person, to delay or influence the testimony of or prevent from 
testifying a witness in a State criminal proceeding or by any such 
means to cause any person to destroy, alter, or conceal a record, 
document, or other object, with intent to impair the object's integrity 
or availability for use in such a proceeding, and thereafter engages or 
endeavors to engage in such conduct, shall--
            ``(1) be fined under this title or imprisoned not more than 
        10 years, or both;
            ``(2) if serious bodily injury (as defined in section 1365) 
        results, be so fined or imprisoned for not more than 20 years, 
        or both; and
            ``(3) if death results, be so fined and imprisoned for any 
        term of years or for life, or both, and may be sentenced to 
        death.''.

SEC. 2301. EXPANDING PRETRIAL DETENTION ELIGIBILITY FOR SERIOUS GANG 
              AND OTHER VIOLENT CRIMINALS.

    (a) In General.--Section 3142(f)(1) of title 18, United States 
Code, is amended by adding at the end the following flush sentence:
        ``For purposes of subparagraph (D), the term `convicted' 
        includes a finding, under Federal or State law, that a person 
        has committed an act of juvenile delinquency;''.
    (b) Offenses.--Section 3156(a)(4) of title 18, United States Code, 
is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) an offense that is a violation of section 
                842(i)(1) or 922(g)(1) of this title (relating to 
                possession of explosives or firearms by convicted 
                felons).''.
    (c) Factors.--Section 3142(g)(3)(B) of title 18, United States 
Code, is amended--
            (1) by striking ``the person was on probation'' and 
        inserting ``the person was--
                            ``(i) on probation'';
            (2) by striking ``local law; and'' and inserting ``local 
        law; or''; and
            (3) by adding at the end the following:
                            ``(ii) was a member of or participated in a 
                        criminal street gang or racketeering 
                        enterprise; and''.

SEC. 2302. CONSPIRACY PENALTY FOR OBSTRUCTION OF JUSTICE OFFENSES 
              INVOLVING VICTIMS, WITNESSES, AND INFORMANTS.

    Section 1512 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(j) Whoever conspires to commit any offense defined in this 
section or section 1513 of this title shall be subject to the same 
penalties as those prescribed for the offense the commission of which 
was the object of the conspiracy.''.

SEC. 2303. CLARIFICATION OF PROSECUTORIAL AUTHORITY TO ENTER 
              COOPERATION AGREEMENTS.

    (a) Findings.--Congress makes the following findings:
            (1) Section 201 of title 18, United States Code, was 
        enacted in 1962 and was amended in 1986 and again in 1994.
            (2) At the time section 201 of title 18, United States Code 
        was enacted, and at each of the times it was amended, Congress 
        was aware of, and intended to preserve, the traditional law 
        enforcement practice of offering or recommending leniency or 
        other favorable actions with respect to defendants in exchange 
        for truthful testimony or other cooperation in the 
        investigation and prosecution of other offenders.
            (3) The finding in paragraph (2) of this subsection is 
        based in part on the fact that several Federal statutes, 
        including the immunity statute, the Sentencing Reform Act, and 
        the Witness Relocation and Protection Act, authorize 
        prosecutors to give things of value, including immunity, 
        leniency, and physical protection, in return for testimony.
            (4) In the over 35 years since section 201 of title 18, 
        United States Code was enacted, and consistent with the intent 
        of Congress in enacting and amending that section, no Federal 
        court interpreted that section to prohibit the essential law 
        enforcement tool of obtaining information and testimony through 
        the use of cooperation agreements between prosecutors and 
        defendants, or settlement agreements between civil enforcement 
        attorneys and defendants.
            (5) The United States Supreme Court, in numerous decisions 
        since 1962, including Giglio v. United States and United States 
        v. Mezzanatto, has reviewed and implicitly approved this 
        practice.
            (6) Even before the enactment of section 201 of title 18, 
        United States Code, the United States Supreme Court implicitly 
        endorsed this practice when it wrote, in Lisenba v. California, 
        that ``the practice of taking into consideration, in sentencing 
        an accomplice, his aid to the State in turning State's evidence 
        can be no denial of due process to a convicted confederate.''.
            (7) On July 1, 1998, a panel of the United States Court of 
        Appeals for the Tenth Circuit ruled, in the case of United 
        States v. Singleton, that the language of section 201(c) of 
        title 18, United States Code, holding criminally liable anyone 
        who ``directly or indirectly, gives, offers, or promises 
        anything of value to any person, for or because of the 
        testimony under oath or affirmation given or to be given by 
        such person as a witness upon a trial, hearing, or other 
        proceeding,'' forbids a prosecutor from promising leniency to a 
        cooperating witness in exchange for testimony, and further 
        ruled that the conviction of a drug dealer and money launderer 
        be thrown out and the case remanded for a new trial.
            (8) On July 10, 1998, the Tenth Circuit, on its own motion, 
        vacated the panel decision and ordered that the appeal be 
        reheard en banc in November 1998.
            (9) Since then, other Federal courts have excluded 
        testimony or made other rulings adverse to the prosecution 
        based upon the same or similar reasoning as the vacated panel 
        decision in the Singleton case.
            (10) Regardless of the eventual ruling of the Tenth Circuit 
        in Singleton, unless there is Federal legislation or a 
        definitive ruling by the United States Supreme Court on this 
        issue, it is likely that accused and convicted offenders across 
        the Nation will continue to challenge charges and convictions, 
        and seek to preclude the admission of truthful testimony in 
        their trials, based on the reasoning in the vacated panel 
        decision, increasing the likelihood that dangerous criminals 
        will be released and that public officials will be deterred 
        from reasonably exercising their discretion in the public 
        interest.
    (b) Purposes.--The purposes of this Act are--
            (1) to promote effective law enforcement by ensuring that 
        prosecutors and other public officials, including civil 
        enforcement officials, continue to employ the traditional and 
        important law enforcement tool of obtaining information and 
        testimony by entering into cooperation and settlement 
        agreements in the reasonable exercise of their discretion;
            (2) to ensure that truthful testimony secured by such 
        agreements will continue to be admitted into evidence in 
        judicial proceedings notwithstanding the fact that such 
        agreements may have been entered prior to the effective date of 
        this Act; and
            (3) to clarify, for the benefit of courts interpreting 
        section 201 of title 18, United States Code, that Congress has 
        never intended to prohibit such agreements and that this Act is 
        intended to endorse a practice that is already lawful rather 
        than to render lawful a practice previously forbidden by an Act 
        of Congress.
    (c) Amendment.--Section 201(d) of title 18, United States Code, is 
amended by adding at the end the following:
    ``Paragraph (2) of subsection (c) shall also not be construed to 
apply to an officer or employee of the United States or any agency 
thereof, or of a State or local government or any agency thereof, who 
is acting in accordance with official duties to investigate or 
prosecute any violation of criminal or civil law. Nor shall paragraph 
(3) of subsection (c) be construed to apply to a potential witness who 
demands, seeks, receives, accepts, or agrees to accept anything of 
value that may be directly or indirectly given, offered, or promised 
consistent with subsection (c)(2). For the purposes of this subsection, 
the term `State' includes the District of Columbia and any 
commonwealth, territory, or possession of the United States.''.

SEC. 2304. ALLOWING A REDUCTION OF SENTENCE FOR PROVIDING USEFUL 
              INVESTIGATIVE INFORMATION ALTHOUGH NOT REGARDING A 
              PARTICULAR INDIVIDUAL.

    (a) Title 18.--Section 3553(e) of title 18, United States Code, is 
amended by striking ``substantial assistance in the investigation or 
prosecution of another person who has committed an offense'' and 
inserting ``substantial assistance in an investigation of any offense 
or the prosecution of another person who has committed an offense''.
    (b) Title 28.--Section 994(n) of title 28, United States Code, is 
amended by striking ``substantial assistance in the investigation or 
prosecution of another person who has committed an offense'' and 
inserting ``substantial assistance in an investigation of any offense 
or the prosecution of another person who has committed an offense''.
    (c) Federal Rules of Criminal Procedure.--Rule 35(b) of the Federal 
Rules of Criminal Procedure is amended by striking ``substantial 
assistance in the investigation or prosecution of another person who 
has committed an offense'' and inserting ``substantial assistance in an 
investigation of any offense or the prosecution of another person who 
has committed an offense''.

SEC. 2305. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER 
              WITH WITNESSES, VICTIMS, OR INFORMANTS.

    Section 1512 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Whoever uses physical force or the threat of physical 
        force, or attempts to do so, with intent to--
                    ``(A) influence, delay, or prevent the testimony of 
                any person in an official proceeding;
                    ``(B) cause or induce any person to--
                            ``(i) withhold testimony, or withhold a 
                        record, document, or other object, from an 
                        official proceeding;
                            ``(ii) alter, destroy, mutilate, or conceal 
                        an object with intent to impair the object's 
                        integrity or availability for use in an 
                        official proceeding;
                            ``(iii) evade legal process summoning that 
                        person to appear as a witness, or to produce a 
                        record, document, or other object, in an 
                        official proceeding; and
                            ``(iv) be absent from an official 
                        proceeding to which such person has been 
                        summoned by legal process; or
                    ``(C) hinder, delay, or prevent the communication 
                to a law enforcement officer or judge of the United 
                States of information relating to the commission or 
                possible commission of a Federal offense or a violation 
                of conditions of probation, parole, or release pending 
                judicial proceedings;
        shall be punished as provided in paragraph (3).''; and
                    (D) by striking paragraph (3)(B), as redesignated, 
                and inserting the following:
                    ``(B) an attempt to murder, the use of physical 
                force, the threat of physical force, or an attempt to 
                do so, imprisonment for not more than 20 years.''; and
            (2) in subsection (b), by striking ``or physical force''.

SEC. 2306. EXPANSION OF FEDERAL KIDNAPPING OFFENSE TO COVER WHEN DEATH 
              OF VICTIM OCCURS BEFORE CROSSING STATE LINE AND WHEN 
              FACILITY IN INTERSTATE COMMERCE OR THE MAILS ARE USED.

    Section 1201(a) of title 18, United States Code, is amended--
            (1) by inserting before the semicolon at the end of 
        paragraph (1) the following: ``, without regard to whether such 
        person was alive when transported across a State boundary if 
        the person was alive when the transportation began'';
            (2) by striking ``or'' at the end of paragraph (4); and
            (3) by inserting after paragraph (5) the following:
            ``(6) an individual travels in interstate or foreign 
        commerce in furtherance of the offense; or
            ``(7) the mail or a facility in interstate or foreign 
        commerce is used in furtherance of the offense;''.

SEC. 2307. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR HIRE.

    Section 1958(a) of title 18, United States Code, is amended by 
inserting ``or other felony crime of violence against the person'' 
after ``murder''.

SEC. 2308. CLARIFICATION OF INTERSTATE THREAT STATUTE TO COVER THREATS 
              TO KILL.

    Subsections (b) and (c) of section 875 of title 18, United States 
Code, and the second and third undesignated paragraphs of sections 876 
and 877 of title 18, United States Code, are each amended by striking 
``any threat to injure'' and inserting ``any threat to kill or 
injure''.

SEC. 2309. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION OF JUSTICE 
              BY NOTIFICATION OF EXISTENCE OF A SUBPOENA FOR RECORDS IN 
              CERTAIN TYPES OF INVESTIGATIONS.

    Section 1510(b)(3)(B) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by striking the period and inserting ``; or'' at the 
        end of clause (ii); and
            (3) by adding the following new clauses:
                            ``(iii) the Controlled Substances Act (21 
                        U.S.C. 801 et seq.), the Controlled Substances 
                        Import and Export Act (21 U.S.C. 951 et seq.), 
                        or section 6050I of the Internal Revenue Code 
                        of 1986; and
                            ``(iv) section 286, 287, 669, 1001, 1027, 
                        1035, 1341, 1343, 1347, 1518, or 1954 relating 
                        to a Federal health care offense.''.

SEC. 2310. ELIMINATION OF PROOF OF VALUE REQUIREMENT FOR FELONY THEFT 
              OR CONVERSION OF GRAND JURY MATERIAL.

    Section 641 of title 18, United States Code, is amended by striking 
``but if the value of such property does not exceed the sum of $1,000, 
he'' and inserting ``but if the value of such property, other than 
property constituting matters occurring before the grand jury, within 
the meaning of Rule 6(e) of the Federal Rules of Criminal Procedure, 
does not exceed the sum of $1,000, that person''. 

                     Subtitle D--Gang Paraphernalia

SEC. 2400. STREAMLINING PROCEDURES FOR LAW ENFORCEMENT ACCESS TO CLONE 
              NUMERIC PAGERS.

    (a) Amendment to Chapter 206.--Chapter 206 of title 18, United 
States Code, is amended--
            (1) in the chapter heading, by striking ``AND TRAP AND 
        TRACE DEVICES'' and inserting: ``TRAP AND TRACE DEVICES, AND 
        CLONE NUMERIC PAGERS'';
            (2) in section 3121--
                    (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager'';
                    (B) in subsection (a)--
                            (i) by striking ``or a trap and trace 
                        device'' each place that term appears and 
                        inserting ``, a trap and trace device, or a 
                        clone pager'';
                            (ii) after ``3123'' by inserting ``or 
                        section 3129''; and
                    (C) in subsections (b) and (c), by striking ``or 
                trap and trace device'' each place that term appears an 
                inserting ``, a trap and trade device or a cone 
                pager'';
            (3) in section 3124--
                    (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                    (B) by redesignating subsections (c) through (f) as 
                subsections (d) through (g), respectively; and
                    (C) by inserting after subsection (b) the 
                following:
    ``(c) Clone Pager.--Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized to use 
a clone pager under this chapter, a provider of a paging service or 
electronic communication service shall furnish such investigative or 
law enforcement officer, all information, facilities, and technical 
assistance necessary to accomplish the use of the clone pager 
unobtrusively and with a minimum of interference with the services that 
the person so ordered by the court provides to the subscriber, if such 
assistance is directed by a court order as provided in section 
3129(b)(2) of this chapter.'';
            (4) in section 3125--
                    (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager'';
                    (B) in subsection (a)--
                            (i) by striking ``or trap and trace 
                        device'' each place that term appears and 
                        inserting ``, a trap and trace device, or a 
                        clone pager''; and
                            (ii) by striking ``an order approving the 
                        installation or use is issued in accordance 
                        with section 3123 of this title'' and inserting 
                        ``an application is made for an order approving 
                        the installation or use in accordance with 
                        section 3123 or section 3128 of this title''; 
                        and
                    (C) in subsection (b), by adding at the end the 
                following: ``In the event such application for the use 
                of a clone pager is denied, or in any other case where 
                the use of the clone pager is terminated without an 
                order having been issued, an inventory shall be served 
                as provided for in section 3129(e).'';
            (5) in section 3126--
                    (A) in the section heading, by striking ``and trap 
                and trace devices'' and inserting ``, trap and trace 
                devices, and clone pagers''; and
                    (B) by striking ``pen register orders and orders 
                for trap and trace devices'' and inserting ``orders for 
                pen registers, trap and trace devices, and clone 
                pagers''; and
            (6) in section 3127--
                    (A) in paragraph (2), by striking ``pen register or 
                a trap and trace device'' and inserting ``pen register, 
                a trap and trace device, or a clone pager'';
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively; and
                    (C) by inserting after paragraph (4) the following:
            ``(5) the term `clone pager' means a numeric display device 
        that receives transmissions intended for another numeric 
        display paging device.''.
    (b) Applications for Orders.--Chapter 206 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone pager
    ``(a) Application.--(1) An attorney for the Government may apply to 
a court of competent jurisdiction for an order or an extension of an 
order under section 3129 of this title authorizing the use of a clone 
pager.
    ``(2) A State investigative or law enforcement officer may, if 
authorized by State law, apply to a court of competent jurisdiction of 
such State for an order or an extension of an order under section 3129 
of this title authorizing the use of a clone pager.
    ``(b) Contents of Application.--An application under subsection (a) 
of this section shall include--
            ``(1) the identify of the attorney for the Government or 
        the State law enforcement or investigative officer making the 
        application and the identify of the law enforcement agency 
        conducting the investigation;
            ``(2) the identify, if known, of the person using the 
        numeric display paging device to be cloned;
            ``(3) a description of the numeric display paging device to 
        be cloned;
            ``(4) the identify, if known, of the person who is the 
        subject of the criminal investigation; and
            ``(5) an affidavit, sworn to before the court of competent 
        jurisdiction, establishing probable cause for belief that 
        information relevant to an ongoing criminal investigation being 
        conducted by that agency will be obtained through use of the 
        clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
    ``(a) In General.--Upon an application made under section 3128 of 
this title, the court shall enter an ex parte order authorizing the use 
of a clone pager within the jurisdiction of the court if the court 
finds that the application has established probable cause to believe 
that information relevant to an ongoing criminal investigation being 
conducted by that agency will be obtained through use of the clone 
pager.
    ``(b) Contents of an Order.--An order issued under this section--
            ``(1) shall specify--
                    ``(A) the identity, if known, of each individual 
                using the numeric display paging device to be cloned;
                    ``(B) the numeric display paging device to be 
                cloned;
                    ``(C) the identity, if known, of the person who is 
                the subject of the criminal investigation; and
                    ``(D) the offense to which the information likely 
                to be obtained by the clone pager relates; and
            ``(2) shall direct, upon the request of the applicant, the 
        furnishing of information, facilities, and technical assistance 
        necessary to use the clone pager under section 3124 of this 
        title.
    ``(c) Time Period and Extensions.--(1) An order issued under this 
section shall authorize the use of a clone pager for a period not to 
exceed 30 days.
    ``(2) Extensions of an order referred to in paragraph (1) may be 
granted, but only upon an application for an order under section 3128 
of this title and upon the judicial finding required by subsection (a). 
The period of extension shall be for a period not to exceed 30 days.
    ``(3) Within a reasonable time after the termination of the period 
of a clone pager order or any extensions thereof, the applicant shall 
report to the issuing judge the number of numeric pager messages 
acquired through the use of the clone pager during such period.
    ``(d) Nondisclosure of Existence of Clone Pager.--An order 
authorizing the use of a clone pager shall direct that--
            ``(1) the order be sealed until otherwise ordered by the 
        court; and
            ``(2) the person who has been ordered by the court to 
        provide assistance to the applicant not disclose the existence 
        of the clone pager or the existence of the investigation to the 
        listed subscriber, or to any other person, until otherwise 
        ordered by the court.
    ``(e) Notification.--Within a reasonable time but not later than 90 
days after the termination of the period of a clone pager order or any 
extensions thereof, the issuing judge shall cause to be served, on each 
individual using the numeric display paging device which was cloned, an 
inventory including notice of--
            ``(1) the fact of the entry of the order or the 
        application;
            ``(2) the date of the entry and the period of clone pager 
        use authorized, or the denial of the application; and
            ``(3) whether or not information was obtained through the 
        use of the clone pager.
Upon an ex parte showing of good cause, a court of competent 
jurisdiction may in its discretion postpone the serving of the notice 
required by this section.''.
    (c) Conforming Amendment.--The table of sections for chapter 206 of 
title 18, United States Code, is amended--
            (1) by striking the item relating to section 3121 and 
        inserting the following:

``3121. General prohibition on pen register, trap and trace device, and 
                            clone pager use; exception.'';
            (2) by striking the item relating to section 3124 and 
        inserting the following:

``3124. Assistance in installation and use of a pen register, a trap 
                            and trace device, or clone pager.'';
            (3) by striking the item relating to section 3125 and 
        inserting the following:

``3125. Emergency pen register, trap and trace device, and clone pager 
                            installation and use.'';
            (4) by striking the item relating to section 3126 and 
        inserting the following:

``3126. Reports concerning pen registers, trap and trace devices, and 
                            clone pagers.'';
        and
            (5) by adding at the end the following:

``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager.''.
    (d) Conforming Amendments.--
            (1) Section 2511(2)(h) of title 18, United States Code, is 
        amended by striking clause (i) and inserting the following:
                            ``(i) to use a pen register, a trap and 
                        trace device, or a clone pager (as those terms 
                        are defined for the purposes of chapter 206 
                        (relating to pen registers, trap and trace 
                        devices, and clone pagers) of this title); 
                        or''.
            (2) Section 2510(12) of title 18, United States Code, is 
        amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) by inserting ``or'' after subparagraph (D); and
                    (C) by adding at the end the following:
                    ``(E) any transmission made through a clone pager 
                (as defined in section 3127(5) of this title).''.
            (3) Section 705(a) of the Communications Act of 1934 (47 
        U.S.C. 605(a)) is amended by striking ``chapter 119'' and 
        inserting ``chapters 119 and 206''.

SEC. 2401. SENTENCING ENHANCEMENT FOR USING BODY ARMOR IN COMMISSION OF 
              A FELONY.

    (a) Definitions.--In this section--
            (1) the term ``body armor'' means any product sold or 
        offered for sale as personal protective body covering intended 
        to protect against gunfire, regardless of whether the product 
        is to be worn alone or is sold as a complement to another 
        product or garment; and
            (2) the term ``law enforcement officer'' means any officer, 
        agent, or employee of the United States, a State, or a 
        political subdivision of a State, authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, investigation, or prosecution of any violation of 
        criminal law.
    (b) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate sentencing enhancement for any offense in which 
the defendant used body armor.
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.
    (d) Applicability.--No Federal sentencing guideline amendment made 
under this section shall apply if the Federal crime in which the body 
armor is used constitutes a violation of, attempted violation of, or 
conspiracy to violate the civil rights of a person by a law enforcement 
officer acting under color of the authority of such law enforcement 
officer.

SEC. 2402. SENTENCING ENHANCEMENT FOR USING LASER SIGHTING DEVICES IN 
              COMMISSION OF A FELONY.

    (a) Definitions.--In this section--
            (1) the term ``firearm'' has the same meaning as in section 
        921 of title 18, United States Code; and
            (2) the term ``laser-sighting device'' includes any device 
        designed to be attached to a firearm that uses technology, such 
        as laser sighting, red-dot-sighting, night sighting, telescopic 
        sighting, or other similarly effective technology, in order to 
        enhance target acquisition.
    (b) Sentencing Enhancement.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide an appropriate sentencing enhancement for any serious violent 
felony or serious drug offense, as defined in section 3559 of this 
title, in which the defendant--
            (1) possessed a firearm equipped with a laser-sighting 
        device; or
            (2) possessed a firearm and the defendant possessed a 
        laser-sighting device (capable of being readily attached to the 
        firearm).
    (c) Consistency.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishment for substantially the same 
        offense.

SEC. 2403. GOVERNMENT ACCESS TO LOCATION INFORMATION.

    (a) Court Order Required.--Section 2703 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(g) Requirements for Disclosure of Location Information.--A 
provider of mobile electronic communication service shall provide to a 
governmental entity information generated by and disclosing, on a real 
time basis, the physical location of a subscriber's equipment only if 
the governmental entity obtains a court order issued upon a finding 
that there is probable cause to believe that an individual using or 
possessing the subscriber equipment is committing, has committed, or is 
about to commit a felony offense.''.
    (b) Conforming Amendment.--Section 2703(c)(1)(B) of title 18, 
United States Code, is amended by inserting ``or wireless location 
information covered by subsection (g) of this section'' after ``(b) of 
this section''.

SEC. 2404. LIMITATION ON OBTAINING TRANSACTIONAL INFORMATION FROM PEN 
              REGISTERS OR TRAP AND TRACE DEVICES.

    Subsection 3123(a) of title 18, United States Code, is amended to 
read as follows:
    ``(a) In General.--Upon an application made under section 3122, the 
court may enter an ex parte order--
            ``(1) authorizing the installation and use of a pen 
        register or a trap and trace device within the jurisdiction of 
        the court if the court finds, based on the certification by the 
        attorney for the Government or the State law enforcement or 
        investigative officer, that the information likely to be 
        obtained by such installation and use is relevant to an ongoing 
        criminal investigation; and
            ``(2) directing that the use of the pen register or trap 
        and trace device be conducted in such a way as to minimize the 
        recording or decoding of any electronic or other impulses that 
        are not related to the dialing and signaling information 
        utilized in call processing.''.

     Subtitle E--Grants To Target Gang Crime and Violent Juveniles

                 PART 1--GRANTS TO PROSECUTORS' OFFICES

SEC. 2510. AUTHORITY TO MAKE GRANTS TO PROSECUTORS TO COMBAT GANG CRIME 
              AND YOUTH VIOLENCE.

    Section 31702 of subtitle Q of title III of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(5) to allow the hiring of additional prosecutors, so 
        that more cases can be prosecuted and backlogs reduced;
            ``(6) to provide funding to enable prosecutors to address 
        drug, gang, and youth violence problems more effectively;
            ``(7) to provide funding to assist prosecutors with funding 
        for technology, equipment, and training to assist prosecutors 
        in reducing the incidence of, and increase the successful 
        identification and speed of prosecution of young violent 
        offenders; and
            ``(8) to provide funding to assist prosecutors in their 
        efforts to engage in community prosecution, problem solving, 
        and conflict resolution techniques through collaborative 
        efforts with police, school officials, probation officers, 
        social service agencies, and community organizations.''.

SEC. 2511. RECIPIENTS.

    Section 31701(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13861(a)) is amended by striking ``or local 
prosecutors'' and inserting ``local prosecutors, or combination 
thereof,''.

SEC. 2512. AUTHORIZATION OF APPROPRIATIONS.

    Subtitle Q of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13861 et seq.) is amended by 
striking section 31707 and adding at the end the following:

``SEC. 31709. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle, and to remain available until expended--
            ``(1) $100,000,000 for fiscal year 1999;
            ``(2) $100,000,000 for fiscal year 2000; and
            ``(3) such sums as may be necessary for each of the fiscal 
        years 2001 and 2002.''.

SEC. 2513. TRAINING, TECHNICAL ASSISTANCE, RESEARCH, STATISTICS, AND 
              EVALUATION.

    (a) In General.--Subtitle Q of title III of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 31701 et seq.) is 
amended by--
            (1) inserting after section 31706, the following new 
        sections:

``SEC. 31707. TRAINING AND TECHNICAL ASSISTANCE.

    ``Two percent of all funds appropriated for this subtitle shall be 
set aside for training and technical assistance consistent with this 
subtitle, including providing funds to training and technical 
assistance providers to assist organizations listed in section 31701(a) 
of this subtitle implement programs authorized under section 31702 of 
this subtitle.

``SEC. 31708. RESEARCH, STATISTICS, AND EVALUATION.

    ``Ten percent of all funds appropriated for this subtitle shall be 
set aside for research, statistics, and evaluation activities 
consistent with this subtitle.''; and
            (2) redesignating section 31708 as section 31710.
    (b) Conforming Amendment.--The table of contents contained in 
section 2 of the Violent Crime Control and Law Enforcement Act of 1994 
(108 Stat. 1796) is amended by striking the item relating to sections 
31707 and 31708 and inserting the following:

``Sec. 31707. Training and technical assistance.
``Sec. 31708. Research, statistics, and evaluation.
``Sec. 31709. Authorization of appropriations.
``Sec. 31710. Definitions.''.

         PART 2--HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS

SEC. 2520. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
            (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) State.--The term ``State'' means a State of the United 
        States or the District of Columbia.
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, upon consultation 
        with the Secretary of the Treasury and the Governors of 
        appropriate States, may designate as a high intensity 
        interstate gang activity area a specified area that is 
        located--
                    (A) within a State; or
                    (B) in more than 1 State.
            (2) Assistance.--In order to provide Federal assistance to 
        a high intensity interstate gang activity area, the Attorney 
        General may--
                    (A) facilitate the establishment of a regional task 
                force, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal activities of gangs and gang 
                members in the high intensity interstate gang activity 
                area; and
                    (B) direct the detailing from any Federal 
                department or agency (subject to the approval of the 
                head of that department or agency, in the case of a 
                department or agency other than the Department of 
                Justice) of personnel to the high intensity interstate 
                gang activity area.
            (3) Criteria for designation.--In considering an area 
        (within a State or within more than 1 State) for designation as 
        a high intensity interstate gang activity area, the Attorney 
        General shall consider--
                    (A) the extent to which gangs from the area are 
                involved in interstate or international criminal 
                activity;
                    (B) the extent to which the area is affected by the 
                criminal activity of gang members who--
                            (i) are located in, or have relocated from, 
                        other States; or
                            (ii) are located in, or have immigrated 
                        (legally or illegally) from, foreign countries;
                    (C) the extent to which the area is affected by the 
                criminal activity of gangs that originated in other 
                States or foreign countries;
                    (D) the extent to which State and local law 
                enforcement agencies have committed resources to 
                respond to the problem of criminal gang activity in the 
                area, as an indication of their determination to 
                respond aggressively to the problem;
                    (E) the extent to which a significant increase in 
                the allocation of Federal resources would enhance local 
                response to gang-related criminal activities in the 
                area; and
                    (F) any other criteria that the Attorney General 
                considers to be appropriate.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $100,000,000 for each of fiscal years 1999 through 2002, to be 
        used in accordance with paragraph (2).
            (2) Use of funds.--Of the amounts authorized to be 
        appropriated under paragraph (1)--
                    (A) 60 percent shall be used to carry out 
                subsection (b)(2); and
                    (B) 40 percent shall be used to make grants for 
                community-based programs to provide crime prevention 
                and intervention services that are designed for gang 
                members and at-risk youth in areas designated pursuant 
                to this section as high intensity interstate gang 
activity areas.
            (3) Requirement.--
                    (A) In general.--The Attorney General shall ensure 
                that not less than 10 percent of the amounts authorized 
                under paragraph (1) are used to assist rural States 
                affected as described in subparagraphs (B) and (C) of 
                subsection (b)(3).
                    (B) Definition of rural state.--In this paragraph, 
                the term ``rural State'' has the meaning given the term 
                in section 1501(b) of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (42 U.S.C. 
                3796bb(b)).

              TITLE III--COMBATING VIOLENCE ON THE STREETS

              Subtitle A--More Police Officers on the Beat

SEC. 3100. MORE POLICE OFFICERS ON THE BEAT.

    Section 1001(a)(11)(A) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)(A)) is amended--
            (1) in clause (v), by striking ``and'' at the end;
            (2) in clause (vi), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(vii) $1,240,000,000 for fiscal year 2001; and
            ``(viii) $1,240,000,000 for fiscal year 2002.''.

SEC. 3101. GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS.

    Section 1701 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking 
subsection (b)(2)(A) and inserting the following:
                    ``(A) may not exceed 20 percent of the funds 
                available for grants pursuant to this subsection in any 
                fiscal year.''.

SEC. 3102. NATIONAL COMMUNITY POLICE.

    Part Q of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796dd et seq.) is amended by adding at the end the 
following:

``SEC. 1710. NATIONAL POLICE TELECOMMUNICATIONS.

    ``(a) Findings.--Congress finds that--
            ``(1) police departments and sheriffs confirm that the 911 
        system is overloaded and that a large percentage of those calls 
        are nonemergency calls;
            ``(2) many communities have seen increases in their 911 
        call volumes of between 40 percent and 50 percent annually;
            ``(3) police officers are forced to spend too much time 
        responding to nonemergency situations, which eliminates time 
        for proactive community policing; and
            ``(4) efforts to limit the use of 911 by using general 
        telephone numbers and educating the public to reference a 
        general number in the telephone book have been ineffective.
    ``(b) Purpose.--The purposes of this section are--
            ``(1) to encourage the Federal Communications Commission to 
        reserve the 311 nonemergency number on a national basis for use 
        by public safety agencies in responding to nonemergency police 
        telephone calls; and
            ``(2) to establish a Federal assistance program to assist 
        States and localities in establishing 311 nonemergency systems 
        and to educate citizens in the use of 911 and 311.
    ``(c) Authority To Make 311 Nonemergency Grants.--The Attorney 
General, acting through the Director of the Office of Community 
Oriented Policing Services, may make grants to States, units of local 
governments, Indian tribal governments, other public and private 
entities, and multijurisdictional or regional consortia, to encourage 
the use of and to implement 311 nonemergency telecommunication systems 
for public safety.
    ``(d) General Regulatory Authority.--The Attorney General may 
promulgate regulations and guidelines to carry out this section.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund to carry out 
this section--
            ``(1) such sums as may be necessary for each of the fiscal 
        years 1999 through 2000; and
            ``(2) $10,000,000 in each of the fiscal years 2001 and 
        2002.''.

SEC. 3103. TECHNICAL AMENDMENT.

    Section 1001(a)(11)(B) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(11)(B)) is amended by striking 
``150,000'' each place it appears and inserting ``100,000''.

  Subtitle B--Violent Offender Incarceration and Truth-in-Sentencing 
                                 Grants

SEC. 3200. FORMULA ALLOCATIONS.

    Section 20106 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 13706) is amended--
            (1) in subsection (a)(1), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Formula allocation.--The amount remaining 
                after application of subparagraph (A) shall be 
                allocated as follows:
                            ``(i) 0.75 percent shall be allocated to 
                        each State that meets the requirements of 
                        section 20103(b), except that the United States 
                        Virgin Islands, American Samoa, Guam, and the 
                        Commonwealth of the Northern Mariana Islands, 
                        if eligible under section 20103(b), shall each 
                        be allocated 0.05 percent.
                            ``(ii) The amount remaining after 
                        application of clause (i) shall be allocated to 
                        each State that meets the requirements of 
                        section 20103(b), in the ratio that the number 
                        of part 1 violent crimes reported by such State 
                        to the Federal Bureau of Investigation for the 
                        3 years preceding the year in which the 
                        determination is made, bears to the average 
                        annual number of part 1 violent crimes reported 
                        by all States that meet the requirements of 
                        section 20103(b) to the Federal Bureau of 
                        Investigation for the 3 years preceding the 
                        year in which the determination is made.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Allocation of Truth-in-Sentencing Grants Under Section 
20104.--The amounts available for grants under section 20104 shall be 
allocated as follows:
            ``(1) Formula allocation.--0.75 percent shall be allocated 
        to each State that meets the requirements of section 20104, 
        except that the United States Virgin Islands, American Samoa, 
        Guam, and the Commonwealth of the Northern Mariana Islands, if 
        eligible under section 20104, shall each be allocated 0.05 
        percent.
            ``(2) Additional allocation.--The amount remaining after 
        application of paragraph (1) shall be allocated to each State 
        that meets the requirements of section 20104, in the ratio that 
        the number of part 1 violent crimes reported by such State to 
        the Federal Bureau of Investigation for the 3 years preceding 
        the year in which the determination is made, bears to the 
        average annual number of part 1 violent crimes reported by all 
        States that meet the requirements of section 20103(b) to the 
        Federal Bureau of Investigation for the 3 years preceding the 
        year in which the determination is made.''.

SEC. 3201. EXTENSION OF VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-
              SENTENCING GRANTS.

    (a) Violent Offender Incarceration Grants.--Section 20108(a) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
13708(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(F) $2,750,000,000 for fiscal year 2001; and
                    ``(G) $2,750,000,000 for fiscal year 2002.''; and
            (2) in paragraph (2)(A), by striking ``fiscal year,'' and 
        all that follows before the period and inserting the following: 
        ``fiscal year distribute 45 percent for incarceration grants 
        under section 20103, 45 percent for incentive grants under 
        section 20104, and 10 percent for violent juvenile offender 
        incarceration grants under section 1300 of the Safe Schools, 
        Safe Streets, and Secure Borders Act of 1998''.
    (b) Truth in Sentencing Grants.--Section 20102(a) of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is 
amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) for hiring professional staff to supervise violent 
        offenders following release from custody and officers of the 
        court to speed the prosecution of violent offenders.''.

                     Subtitle C--Domestic Violence

SEC. 3300. EXTENSION OF VIOLENCE AGAINST WOMEN ACT.

    (a) Grants To Combat Violent Crimes Against Women.--Section 
1001(a)(18) of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793(a)(18)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by inserting ``and'' at the end; 
        and
            (3) by adding at the end the following:
            ``(G) $174,000,000 for fiscal year 2001; and
            ``(H) $174,000,000 for fiscal year 2002.''.
    (b) Education and Prevention Grants To Reduce Sexual Assaults 
Against Women.--
            (1) In general.--Section 40151 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (108 Stat. 1920) is amended by 
        striking ``Health and Human Services'' and inserting ``Health 
        Service''.
            (2) Amendment.--Section 1910A(c) of the Public Health 
        Service Act (42 U.S.C. 300w-10(c)) is amended--
                    (A) in paragraph (4), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
            ``(6) $45,000,000 for fiscal year 2001; and
            ``(7) $45,000,000 for fiscal year 2002.''.
    (c) Grant for National Domestic Violence Hotline.--Section 316(f) 
of the Family Violence Prevention and Services Act (42 U.S.C. 10416(f)) 
is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                    ``(G) $500,000 for fiscal year 2001; and
                    ``(H) $500,000 for fiscal year 2002.''.
    (d) Grants for Battered Women's Shelters.--Section 310(a) of the 
Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is 
amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by adding ``and'' at the end; and
            (3) by adding at the end the following:
            ``(6) $72,500,000 for fiscal year 2001; and
            ``(7) $72,500,000 for fiscal year 2002.''.
    (e) Victims of Child Abuse Programs.--Section 218(a) of the Victims 
of Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by adding ``and'' at the end; and
            (3) by adding at the end the following:
            ``(6) $10,000,000 for fiscal year 2001; and
            ``(7) $10,000,000 for fiscal year 2002.''.

SEC. 3301. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
              ASSISTANCE.

    Section 1501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796bb(b)) is amended--
            (1) by striking ``or a State'' and inserting ``, a State''; 
        and
            (2) by striking ``through fiscal year 1997'' and inserting 
        ``, or a State that has a population density of more than 60 
        persons per square mile (as determined by the Bureau of the 
        Census of the Department of Commerce)''.

SEC. 3302. PUNISHMENT OF ATTEMPTS TO COMMIT INTERSTATE DOMESTIC 
              VIOLENCE OFFENSE.

    Section 2261(a) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or attempts to do 
        so,'' after ``thereby causes bodily injury to such spouse or 
        intimate partner,''; and
            (2) in paragraph (2), by inserting ``or attempts to do 
        so,'' after ``thereby causes bodily injury to the person's 
        spouse or intimate partner,''.

SEC. 3303. EXPANSION OF INTERSTATE DOMESTIC VIOLENCE OFFENSE TO COVER 
              INTIMIDATION.

    Section 2261A of title 18, United States Code, is amended by 
striking ``injure or harass'' and inserting ``injure, harass, or 
intimidate''.

SEC. 3304. PUNISHMENT OF INTERSTATE TRAVEL WITH INTENT TO KILL SPOUSE.

    (a) Sections 2261(b)(3) and 2262(b)(3) of title 18, United States 
Code, are each amended by inserting ``(as defined in section 2119(2) of 
this title)'' after ``serious bodily injury''.
    (b) Section 2261A of title 18, United States Code, is amended by 
striking ``section 1365(g)(3)'' and inserting ``section 2119(2)'';
    (c)(1) Section 2261 of title 18, United States Code, is amended--
            (A) in subsection (a)(1), by striking ``with the intent to 
        injure, harass, or intimidate'' and inserting ``with the intent 
        to kill, injure, harass, or intimidate''; and
            (B) in subsection (a) (1) and (2), by inserting ``or 
        death'' after ``and thereby causes bodily injury''.
    (2) Section 2262 of title 18, United States Code, is amended--
            (A) in subsection (a)(1), by inserting ``or death'' after 
        ``bodily injury''; and
            (B) in subsection (a)(2), by striking ``commits an act that 
        injures'' and inserting ``commits an act that causes bodily 
        injury or death to''.

            Subtitle D--Assistance to Local Law Enforcement

SEC. 3400. EXTENSION OF LAW ENFORCEMENT FAMILY SUPPORT FUNDING.

    Section 1001(a)(21) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(21)) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively;
            (2) in subparagraph (D), as redesignated, by striking 
        ``and'' at the end;
            (3) in subparagraph (E), as redesignated, by striking the 
        period at the end and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(F) $7,500,000 for fiscal year 2001; and
            ``(G) $7,500,000 for fiscal year 2002.''.

SEC. 3401. EXTENSION OF RURAL DRUG ENFORCEMENT AND TRAINING FUNDING.

    (a) Omnibus Crime Control and Safe Streets Act of 1968.--Section 
1001(a)(9) of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3793(a)(9)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(F) $66,000,000 for fiscal year 2001; and
            ``(G) $66,000,000 for fiscal year 2002.''.
    (b) Violent Crime Control and Law Enforcement Act of 1994.--Section 
18103(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(42 U.S.C. 14082(b)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) $1,000,000 for fiscal year 2001; and
            ``(7) $1,000,000 for fiscal year 2002.''.

SEC. 3402. EXTENSION OF DNA IDENTIFICATION GRANTS FUNDING.

    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 by redesignating 
paragraphs (16) through (22) as paragraphs (12) through (17), 
respectively.

SEC. 3403. EXTENSION OF BYRNE GRANT FUNDING.

    Section 210101 of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322; 108 Stat. 2061) is amended--
            (1) by striking ``through 2000'' and inserting ``through 
        2002'';
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(7) $200,000,000 for fiscal year 2001; and
            ``(8) $200,000,000 for fiscal year 2002.''.

SEC. 3404. EXTENSION OF TECHNICAL AUTOMATION GRANT FUNDING.

    Section 210501(c) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14151(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(F) for fiscal year 2001, $24,000,000; and
                    ``(G) for fiscal year 2002, $24,000,000;''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(F) for fiscal year 2001, $6,000,000; and
                    ``(G) for fiscal year 2002, $6,000,000; and''.

SEC. 3405. EXTENSION OF GRANTS FOR STATE COURT PROSECUTORS.

    Section 21602 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 14161) is amended--
            (1) in subsection (a)--
                    (A) by striking ``other criminal 
justice participants'' and inserting ``other criminal justice 
participants, in both the adult and juvenile systems,'';
                    (B) by striking ``this Act'' and all that follows 
                before the period at the end of the section and 
                inserting ``this Act, the Safe Schools, Safe Streets, 
                and Secure Borders Act of 1998, and amendments 
                thereto'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d) Not less than 20 percent of the total amount appropriated to 
carry out this subtitle in each of the fiscal years 2001 and 2002 shall 
be made available for providing increased resources to State juvenile 
courts systems, juvenile prosecutors, juvenile public defenders, and 
other juvenile court system participants.'';
            (4) in subsection (e)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the comma at the 
                end and inserting a semicolon; and
                    (C) by inserting immediately after paragraph (5) 
                the following:
            ``(6) $250,000,000 for fiscal year 2001; and
            ``(7) $250,000,000 for fiscal year 2002,''.

   Subtitle E--Protecting Federal, State, and Local Law Enforcement 
                       Officers and the Judiciary

SEC. 3500. EXPANSION OF PROTECTION OF FEDERAL OFFICERS AND EMPLOYEES 
              FROM MURDER DUE TO THEIR STATUS.

    Section 1114 of title 18, United States Code, is amended--
            (1) by inserting ``or because of the status of the victim 
        as such an officer or employee,'' after ``on account of the 
        performance of official duties,''; and
            (2) by inserting ``or, if the person assisting is an 
        officer or employee of a State or local government, because of 
        the status of the victim as such an officer or employee,'' 
        after ``on account of that assistance,''.

SEC. 3501. ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS OR 
              EMPLOYEES.

    Section 111 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``three'' and inserting 
        ``12''; and
            (2) in subsection (b), by striking ``ten'' and inserting 
        ``20''.

SEC. 3502. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A FEDERAL 
              OFFICIAL BY THREATENING A FAMILY MEMBER.

    Section 115(b)(4) of title 18, United States Code, is amended--
            (1) by striking ``five'' and inserting ``10''; and
            (2) by striking ``three'' and inserting ``6''.

SEC. 3503. MAILING THREATENING COMMUNICATIONS.

    Section 876 of title 18, United States Code, is amended--
            (1) by designating the first 4 undesignated paragraphs as 
        subsections (a) through (d), respectively;
            (2) in subsection (c), as so designated, by adding at the 
        end the following: ``If such a communication is addressed to a 
        United States judge, a Federal law enforcement officer, or an 
        official who is covered by section 1114, the individual shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''; and
            (3) in subsection (d), as so designated, by adding at the 
        end the following: ``If such a communication is addressed to a 
        United States judge, a Federal law enforcement officer, or an 
        official who is covered by section 1114, the individual shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''.

SEC. 3504. AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS AND 
              THREATS AGAINST FEDERAL JUDGES AND CERTAIN OTHER FEDERAL 
              OFFICIALS AND EMPLOYEES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing guidelines and the policy 
statements of the commission, if appropriate, to provide an appropriate 
sentencing enhancement for offenses involving influencing, assaulting, 
resisting, impeding, retaliating against, or threatening a Federal 
judge, magistrate judge, or any other official described in section 111 
or 115 of title 18, United States Code.
    (b) Factors for Consideration.--In carrying out this section, the 
United States Sentencing Commission shall consider, with respect to 
each offense described in subsection (a)--
            (1) any expression of congressional intent regarding the 
        appropriate penalties for the offense;
            (2) the range of conduct covered by the offense;
            (3) the existing sentences for the offense;
            (4) the extent to which sentencing enhancements within the 
        Federal sentencing guidelines and the court's authority to 
        impose a sentence in excess of the applicable guideline range 
        are adequate to ensure punishment at or near the maximum 
        penalty for the most egregious conduct covered by the offense;
            (5) the extent to which Federal sentencing guideline 
        sentences for the offense have been constrained by statutory 
        maximum penalties;
            (6) the extent to which Federal sentencing guidelines for 
        the offense adequately achieve the purposes of sentencing as 
        set forth in section 3553(a)(2) of title 18, United States 
        Code;
            (7) the relationship of Federal sentencing guidelines for 
        the offense to the Federal sentencing guidelines for other 
        offenses of comparable seriousness; and
            (8) any other factors that the Commission considers to be 
        appropriate.

SEC. 3505. EXTENSION OF BULLETPROOF VEST PARTNERSHIP GRANT ACT.

    Section 1001(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3793(a)) is amended--
            (1) by redesignating paragraph (23), as added by the 
        Bulletproof Vest Partnership Grant Act of 1998 (42 U.S.C. 3711 
        note), as paragraph (18); and
            (2) in paragraph (18), as so redesignated, by striking 
        ``fiscal years 1999 through 2001'' and inserting ``fiscal years 
        1999 through 2003''.

SEC. 3506. KILLING PERSONS AIDING FEDERAL INVESTIGATIONS OR STATE 
              CORRECTIONAL OFFICERS.

    Section 1121(a)(1) of title 18, United States Code, is amended in 
the matter preceding subparagraph (A), by inserting ``, State, or joint 
Federal-State'' after ``a Federal''.

SEC. 3507. KILLING STATE CORRECTIONAL OFFICERS.

    Section 1121(b)(3) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) the incarcerated person is incarcerated 
                pending an initial appearance, arraignment, trial, or 
                appeal for an offense against the United States.''.

SEC. 3508. FEDERAL LAW ENFORCEMENT OFFICERS' GOOD SAMARITAN PROTECTION.

    (a) Short Title.--This section may be cited as the ``Federal Law 
Enforcement Officers' Good Samaritan Act of 1998''.
    (b) Protection of Federal Law Enforcement Officers Who Intervene in 
Certain Situations.--
            (1) Definitions.--In this section--
                    (A) the term ``crime of violence'' has the meaning 
                given that term in section 16 of title 18, United 
                States Code; and
                    (B) the term ``law enforcement officer'' means--
                            (i) any employee described in subparagraph 
                        (A), (B), or (C) of section 8401(17) of title 
                        5, United States Code; and
                            (ii) any special agent in the Diplomatic 
                        Security Service of the Department of State.
            (2) Rule of construction.--Notwithstanding any other 
        provision of law, for purposes of chapter 171 of title 28, 
        United States Code, or any other provision of law relating to 
        tort liability, a law enforcement officer shall be construed to 
        be acting within the scope of his or her office or employment, 
        if the officer takes reasonable action, including the use of 
        force, to--
                    (A) protect an individual in the presence of the 
                officer from a crime of violence;
                    (B) provide immediate assistance to an individual 
                who has suffered or who is threatened with bodily harm; 
                or
            (3) prevent the escape of any individual whom the officer 
        reasonably believes to have committed in the presence of the 
        officer a crime of violence.

SEC. 3509. ESTABLISHMENT OF PROTECTIVE FUNCTION PRIVILEGE.

    (a) Findings.--Congress makes the following findings:
            (1) The physical safety of the Nation's top elected 
        officials is a public good of transcendent importance.
            (2) By virtue of the critical importance of the Office of 
        the President, the President and those in direct line of the 
        Presidency are subject to unique and mortal jeopardy--jeopardy 
        that in turn threatens profound disruption to our system of 
representative government and to the security and future of the Nation.
            (3) The physical safety of visiting heads of foreign states 
        and foreign governments is also a matter of paramount 
        importance. The assassination of such a person while on 
        American soil could have calamitous consequences for our 
        foreign relations and national security.
            (4) Given these grave concerns, Congress has provided for 
        the Secret Service to protect the President and those in direct 
        line of the Presidency, and has directed that these officials 
        may not waive such protection. Congress has also provided for 
        the Secret Service to protect visiting heads of foreign states 
        and foreign governments.
            (5) The protective strategy of the Secret Service depends 
        critically on the ability of its personnel to maintain close 
        and unremitting physical proximity to the protectee.
            (6) Secret Service personnel must remain at the side of the 
        protectee on occasions of confidential conversations and, as a 
        result, may overhear top secret discussions, diplomatic 
        exchanges, sensitive conversations, and matters of personal 
        privacy.
            (7) The necessary level of proximity can be maintained only 
        in an atmosphere of complete trust and confidence between the 
        protectee and his or her protectors.
            (8) If a protectee has reason to doubt the confidentiality 
        of actions or conversations taken in sight or hearing of Secret 
        Service personnel, the protectee may seek to push the 
        protective envelope away or undermine it to the point at which 
        it could no longer be fully effective.
            (9) The possibility that Secret Service personnel might be 
        compelled to testify against their protectees could induce 
        foreign nations to refuse Secret Service protection in future 
        state visits, making it impossible for the Secret Service to 
        fulfill its important statutory mission of protecting the life 
        and safety of foreign dignitaries.
            (10) A privilege protecting information acquired by Secret 
        Service personnel while performing their protective function in 
        physical proximity to a protectee will preserve the security of 
        the protectee by lessening the incentive of the protectee to 
        distance Secret Service personnel in situations in which there 
        is some risk to the safety of the protectee.
            (11) Recognition of a protective function privilege for the 
        President and those in direct line of the Presidency, and for 
        visiting heads of foreign states and foreign governments, will 
        promote sufficiently important interests to outweigh the need 
        for probative evidence.
            (12) Because Secret Service personnel retain law 
        enforcement responsibility even while engaged in their 
        protective function, the privilege must be subject to a crime/
        treason exception.
    (b) Purposes.--The purposes of this Act are--
            (1) to facilitate the relationship of trust and confidence 
        between Secret Service personnel and certain protected 
        officials that is essential to the ability of the Secret 
        Service to protect these officials, and the Nation, from the 
        risk of assassination; and
            (2) to ensure that Secret Service personnel are not 
        precluded from testifying in a criminal investigation or 
        prosecution about unlawful activity committed within their view 
        or hearing.
    (c) Admissibility of Information Acquired by Secret Service 
Personnel While Performing Their Protective Function.--
            (1) Protective function privilege.--Chapter 203 of title 
        18, United States Code, is amended by inserting after section 
        3056 the following:
``Sec. 3056A. Testimony by Secret Service personnel; protective 
              function privilege
    ``(a) Definitions.--In this section:
            ``(1) Protectee.--The term `protectee' means--
                    ``(A) the President;
                    ``(B) the Vice President (or other officer next in 
                the order of succession to the Office of President);
                    ``(C) the President-elect;
                    ``(D) the Vice President-elect; and
                    ``(E) visiting heads of foreign states or foreign 
                governments who, at the time and place concerned, are 
                being provided protection by the United States Secret 
                Service.
            ``(2) Secret service personnel.--The term `Secret Service 
        personnel' means any officer or agent of the United States 
        Secret Service.
    ``(b) General Rule of Privilege.--Subject to subsection (c), 
testimony by Secret Service personnel or former Secret Service 
personnel regarding information affecting a protectee that was acquired 
during the performance of a protective function in physical proximity 
to the protectee shall not be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or before any 
court, grand jury, department, officer, agency, regulatory body, or 
other authority of the United States, a State, or a political 
subdivision thereof.
    ``(c) Exceptions.--There is no privilege under this section--
            ``(1) with respect to information that, at the time the 
        information was acquired by Secret Service personnel, was 
        sufficient to provide reasonable grounds to believe that a 
        crime had been, was being, or would be committed; or
            ``(2) if the privilege is waived by the protectee or the 
        legal representative of a protectee or deceased protectee.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 203 of title 18, United States Code, is amended by 
        inserting after the item relating to section 3056 the 
        following:

``3056A. Testimony by Secret Service personnel; protective function 
                            privilege.''.
            (3) Application.--This Act and the amendments made by this 
        Act shall apply to any proceeding commenced on or after the 
        date of enactment of this Act.

      Subtitle F--Extension of Violent Crime Reduction Trust Fund

SEC. 3600. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) Violent Crime Control and Law Enforcement Act of 1994.--Section 
310001(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(42 U.S.C. 14211(b)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) for fiscal year 2001, $6,500,000,000; and
            ``(8) for fiscal year 2002, $6,500,000,000.''.
    (b) Reduction in Discretionary Spending Limits.--Beginning on the 
date of enactment of this Act, the discretionary spending limits set 
forth in section 601(a)(1) of the Congressional Budget Act of 1974 (2 
U.S.C. 665(a)(2)) (as adjusted in conformance with section 251 of the 
Balanced Budget and Emergency Deficit Control Act of 1985, and in the 
Senate, with section 301 of House Concurrent Resolution 178 (104th 
Congress)) for fiscal years 2001 through 2002 are reduced as follows:
            (1) For fiscal year 2001, for the discretionary category: 
        $6,500,000,000 in new budget authority and $6,225,000,000 in 
        outlays.
            (2) For fiscal year 2002, for the discretionary category: 
        $6,500,000,000 in new budget authority and $6,225,000,000 in 
        outlays.

     Subtitle G--Punishing Hate Crimes and Protecting Civil Rights

SEC. 3700. PUNISHING HATE CRIMES.

    (a) Short Title.--This subtitle may be cited as the ``Hate Crimes 
Prevention Act of 1998''.
    (b) Findings.--Congress finds that--
            (1) the incidence of violence motivated by the actual or 
        perceived race, color, national origin, religion, sexual 
        orientation, gender, or disability of the victim poses a 
        serious national problem;
            (2) such violence disrupts the tranquility and safety of 
        communities and is deeply divisive;
            (3) existing Federal law is inadequate at addressing this 
        problem;
            (4) such violence affects interstate commerce in many ways, 
        including--
                    (A) by impeding the movement of members of targeted 
                groups and forcing such members to move across State 
                lines to escape the incidence or risk of such violence; 
                and
                    (B) by preventing members of targeted groups from 
                purchasing goods and services, obtaining or sustaining 
                employment or participating in other commercial 
                activity;
            (5) perpetrators cross State lines to commit such violence;
            (6) instrumentalities of interstate commerce are used to 
        facilitate the commission of such violence;
            (7) such violence is committed using articles that have 
        traveled in interstate commerce;
            (8) violence motivated by bias that is a relic of slavery 
        can constitute badges and incidents of slavery;
            (9) although many local jurisdictions have attempted to 
        respond to the challenges posed by such violence, the problem 
        is sufficiently serious, widespread, and interstate in scope to 
        warrant Federal intervention to assist such jurisdictions; and
            (10) many States have no laws addressing violence based on 
        the actual or perceived race, color, national origin, religion, 
        sexual orientation, gender, or disability, of the victim, while 
        other States have laws that provide only limited protection.
    (c) Definition of Hate Crime.--In this Act, the term ``hate crime'' 
has the same meaning as in section 280003(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note).
    (d) Prohibition of Certain Acts of Violence.--Section 245 of title 
18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) Whoever, whether or not acting under color of law, 
willfully causes bodily injury to any person or, through the use of 
fire, a firearm, or an explosive device, attempts to cause bodily 
injury to any person, because of the actual or perceived race, color, 
religion, or national origin of any person--
            ``(A) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; and
            ``(B) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both, if--
                    ``(i) death results from the acts committed in 
                violation of this paragraph; or
                    ``(ii) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(2)(A) Whoever, whether or not acting under color of law, in any 
circumstances described in subparagraph (B), willfully causes bodily 
injury to any person or, through the use of fire, a firearm, or an 
explosive device, attempts to cause bodily injury to any person, 
because of the actual or perceived religion, gender, sexual 
orientation, or disability of any person--
            ``(i) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; and
            ``(ii) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both, if--
                    ``(I) death results from the acts committed in 
                violation of this paragraph; or
                    ``(II) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(B) For purposes of subparagraph (A), the circumstances described 
in this subparagraph are that--
            ``(i) in connection with the offense, the defendant or the 
        victim travels in interstate or foreign commerce, uses a 
        facility or instrumentality of interstate or foreign commerce, 
        or engages in any activity affecting interstate or foreign 
        commerce; or
            ``(ii) the offense is in or affects interstate or foreign 
        commerce.''.
    (e) Duties of Federal Sentencing Commission.--
            (1) Amendment of federal sentencing guidelines.--Pursuant 
        to its authority under section 994 of title 28, United States 
        Code, the United States Sentencing Commission shall study the 
        issue of adult recruitment of juveniles to commit hate crimes 
        and shall, if appropriate, amend the Federal sentencing 
        guidelines to provide sentencing enhancements (in addition to 
        the sentencing enhancement provided for the use of a minor 
        during the commission of an offense) for adult defendants who 
        recruit juveniles to assist in the commission of hate crimes.
            (2) Consistency with other guidelines.--In carrying out 
        this section, the United States Sentencing Commission shall--
                    (A) ensure that there is reasonable consistency 
                with other Federal sentencing guidelines; and
                    (B) avoid duplicative punishments for substantially 
                the same offense.
    (f) Grant Program.--
            (1) Authority to make grants.--The Administrator of the 
        Office of Juvenile Justice and Delinquency Prevention of the 
        Department of Justice shall make grants, in accordance with 
        such regulations as the Attorney General may prescribe, to 
        State and local programs designed to combat hate crimes 
        committed by juveniles.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section.
    (g) Authorization for Additional Personnel To Assist State and 
Local Law Enforcement.--There are authorized to be appropriated to the 
Department of the Treasury and the Department of Justice, including the 
Community Relations Service, for fiscal years 1999, 2000, and 2001 such 
sums as are necessary to increase the number of personnel to prevent 
and respond to alleged violations of section 245 of title 18, United 
States Code (as amended by subsection (d)).
    (h) Severability.--If any provision of this section, an amendment 
made by this section, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitutional, the 
remainder of this section, the amendments made by this section, and the 
application of the provisions of such to any person or circumstance 
shall not be affected thereby.

SEC. 3701. ATTEMPTED DEPRIVATION OF CIVIL RIGHTS UNDER COLOR OF LAW.

    Section 242 of title 18, United States Code, is amended by 
inserting ``or attempts to willfully subject'' after ``willfully 
subjects''.

SEC. 3702. HATE CRIMES STATISTICS ACT.

    Subsection (b) of the first section of the Hate Crimes Statistics 
Act (28 U.S.C. 534 note) is amended by adding at the end the following:
    ``(6) In acquiring data under this section, the Attorney General 
shall, beginning for calendar year 1998, include data regarding the age 
of offenders who have committed crimes covered by this section.''.

SEC. 3703. IMPROVEMENT OF HATE CRIMES SENTENCING PROCEDURE.

    Section 280003(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (28 U.S.C. 994 note) is amended by striking ``the finder of 
fact at trial'' and inserting ``the court at sentencing''.

                   Subtitle H--Deterring Cargo Theft

SEC. 3800. PUNISHMENT OF CARGO THEFT.

    (a) In General.--Section 659 of title 18, United States Code, is 
amended--
            (1) by striking ``with intent to convert to his own use'' 
        each place that term appears;
            (2) in the first undesignated paragraph--
                    (A) by inserting ``trailer,'' after 
                ``motortruck,'';
                    (B) by inserting ``air cargo container,'' after 
                ``aircraft,''; and
                    (C) by inserting ``, or from any intermodal 
                container, trailer, container freight station, 
                warehouse, or freight consolidation facility,'' after 
                ``air navigation facility'';
            (3) in the fifth undesignated paragraph, by striking ``one 
        year'' and inserting ``3 years'';
            (4) in the penultimate undesignated paragraph, by inserting 
        after the first sentence the following: ``For purposes of this 
        section, goods and chattel shall be construed to be moving as 
        an interstate or foreign shipment at all points between the 
        point of origin and the final destination (as evidenced by the 
        waybill or other shipping document of the shipment), regardless 
        of any temporary stop while awaiting transshipment or 
        otherwise.''; and
            (5) by adding at the end the following:
    ``It shall be an affirmative defense (on which the defendant bears 
the burden of persuasion by a preponderance of the evidence) to an 
offense under this section that the defendant bought, received, or 
possessed the goods, chattels, money, or baggage at issue with the sole 
intent to report the matter to an appropriate law enforcement officer 
or to the owner of the goods, chattels, money, or baggage.''.
    (b) Federal Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review the Federal sentencing guidelines under section 659 of 
title 18, United States Code, as amended by this section and, upon 
completion of the review, promulgate amendments to the Federal 
Sentencing Guidelines to provide appropriate enhancement of the 
applicable guidelines.

SEC. 3801. REPORTS TO CONGRESS ON CARGO THEFT.

    The Attorney General shall annually submit to Congress a report, 
which shall include an evaluation of law enforcement activities 
relating to the investigation and prosecution of offenses under section 
659 of title 18, United States Code, as amended by this section.

SEC. 3802. ESTABLISHMENT OF ADVISORY COMMITTEE ON CARGO THEFT.

    (a) Establishment.--
            (1) In general.--There is established a Committee to be 
        known as the Advisory Committee on Cargo Theft (in this section 
        referred to as the ``Committee'').
            (2) Membership.--
                    (A) Composition.--The Committee shall be composed 
                of 6 members, who shall be appointed by the President, 
                of whom--
                            (i) 1 shall be an officer or employee of 
                        the Department of Justice;
                            (ii) 1 shall be an officer or employee of 
                        the Department of Transportation;
                            (iii) 1 shall be an officer or employee of 
                        the Department of the Treasury; and
                            (iv) 3 shall be individuals from the 
                        private sector who are experts in cargo 
                        security.
                    (B) Date.--The appointments of the initial members 
                of the Committee shall be made not later than 30 days 
after the date of enactment of this Act.
            (3) Period of appointment; vacancies.--Each member of the 
        Committee shall be appointed for the life of the Committee. Any 
        vacancy in the Committee shall not affect its powers, but shall 
        be filled in the same manner as the original appointment.
            (4) Initial meeting.--Not later than 15 days after the date 
        on which all initial members of the Committee have been 
        appointed, the Committee shall hold its first meeting.
            (5) Meetings.--The Committee shall meet, not less 
        frequently than quarterly, at the call of the Chairperson.
            (6) Quorum.--A majority of the members of the Committee 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson.--The President shall select 1 member of 
        the Committee to serve as the Chairperson of the Committee.
    (b) Duties.--
            (1) Study.--The Committee shall conduct a thorough study 
        of, and develop recommendations with respect to, all matters 
        relating to--
                    (A) the establishment of a national computer 
                database for the collection and dissemination of 
                information relating to violations of section 659 of 
                title 18, United States Code (as added by section 
                3800(a) of this Act); and
                    (B) the establishment of an office within the 
                Federal Government to promote cargo security and to 
                increase coordination between the Federal Government 
                and the private sector with respect to cargo security.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Committee shall submit to the 
        President and to Congress a report, which shall contain a 
        detailed statement of results of the study and the 
        recommendations of the Committee under paragraph (1).
    (c) Powers.--
            (1) Hearings.--The Committee may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Committee considers advisable to 
        carry out the purposes of this section.
            (2) Information from federal agencies.--The Committee may 
        secure directly from any Federal department or agency such 
        information as the Committee considers necessary to carry out 
        the provisions of this section. Upon request of the Chairperson 
        of the Committee, the head of such department or agency shall 
        furnish such information to the Committee.
            (3) Postal services.--The Committee may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Committee may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal members.--Each member of the 
                Committee who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which such member is 
                engaged in the performance of the duties of the 
                Committee.
                    (B) Federal members.--Each member of the Committee 
                who is an officer or employee of the United States 
                shall serve without compensation in addition to that 
                received for their service as an officer or employee of 
                the United States.
            (2) Travel expenses.--The members of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Committee.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Committee 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Committee to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Committee.
                    (B) Compensation.--The Chairperson of the Committee 
                may fix the compensation of the executive director and 
                other personnel without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, United States 
Code, relating to classification of positions and General Schedule pay 
rates, except that the rate of pay for the executive director and other 
personnel may not exceed the rate payable for level V of the Executive 
Schedule under section 5316 of such title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Committee without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Committee may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (e) Termination.--The Committee shall terminate 90 days after the 
date on which the Committee submits the report under subsection (b)(2).
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to the Committee to carry out the 
        purposes of this section.
            (2) Availability.--Any sums appropriated under the 
        authorization contained in this section shall remain available, 
        without fiscal year limitation, until expended.

SEC. 3803. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING OFFENSES TO 
              ELIMINATE GAPS AND INCONSISTENCIES IN COVERAGE.

    (a) In General.--
            (1) Embezzlement against estate.--Section 153(a) of title 
        18, United States Code, is amended by inserting ``, or attempts 
        so to appropriate, embezzle, spend, or transfer,'' before ``any 
        property''.
            (2) Public money.--Section 641 of title 18, United States 
        Code, is amended by striking ``or'' at the end of the first 
        paragraph and by inserting after such paragraph the following:
``Whoever attempts to commit an offense described in the preceding 
paragraph; or''.
            (3) Theft by bank examiner.--Section 655 of title 18, 
        United States Code, is amended by inserting ``or attempts to 
        steal or so take,'' after ``unlawfully takes,''.
            (4) Theft, embezzlement, or misapplication by bank officer 
        or employee.--Sections 656 and 657 of title 18, United States 
        Code, are each amended--
                    (A) by inserting ``, or attempts to embezzle, 
                abstract, purloin, or willfully misapply,'' after 
                ``willfully misapplies''; and
                    (B) by inserting ``or attempted to be embezzled, 
                abstracted, purloined, or misapplied'' after 
                ``misapplied''.
            (5) Property mortgaged or pledged to farm credit 
        agencies.--Section 658 of title 18, United States Code, is 
        amended by inserting ``or attempts so to remove, dispose of, or 
        convert,'' before ``any property''.
            (6) Interstate or foreign shipments.--Section 659 of title 
        18, United States Code, is amended--
                    (A) in the first and third paragraphs, by inserting 
                ``or attempts to embezzle, steal, or so take or carry 
                away,'' after ``carries away,''; and
                    (B) in the fourth paragraph by inserting ``or 
                attempts to embezzle, steal, or so take,'' before 
                ``from any railroad car''.
            (7) Within special maritime and territorial jurisdiction.--
        Section 661 of title 18, United States Code, is amended--
                    (A) by inserting ``or attempts so to take and carry 
                away,'' before ``any personal property''; and
                    (B) by inserting ``or attempted to be taken'' after 
                ``taken'' each place it appears.
            (8) Theft or embezzlement from employee benefit plans.--
        Section 664 of title 18, United States Code, is amended by 
        inserting ``or attempts to embezzle, steal, or so abstract or 
        convert,'' before ``any of the moneys''.
            (9) Theft or embezzlement from employment and training 
        funds.--Section 665(a) of title 18, United States Code, is 
        amended--
                    (A) by inserting ``, or attempts to embezzle, so 
                misapply, steal, or obtain by fraud,'' before ``any of 
                the moneys''; and
                    (B) by inserting ``or attempted to be embezzled, 
                misapplied, stolen, or obtained by fraud'' after 
                ``obtained by fraud''.
            (10) Theft or bribery concerning programs receiving federal 
        funds.--Section 666(a)(1)(A) of title 18, United States Code, 
        is amended by inserting ``or attempts to embezzle, steal, 
        obtain by fraud, or so convert or misapply,'' before 
        ``property''.
            (11) False pretenses on high seas.--Section 1025 of title 
        18, United States Code, is amended--
                    (A) by inserting ``or attempts to obtain'' after 
                ``obtains''; and
                    (B) by inserting ``or attempted to be obtained'' 
                after ``obtained''.
            (12) Embezzlement and theft from indian tribal 
        organizations.--Section 1163 of title 18, United States Code, 
        is amended by inserting ``attempts so to embezzle, steal, 
        convert, or misapply,'' after ``willfully misapplies,''.
            (13) Theft from group establishments on indian lands.--
        Section 1167 (a) and (b) of title 18, United States Code, are 
        each amended by inserting ``or attempts so to abstract, 
        purloin, misapply, or take and carry away,'' before ``any 
        money''.
            (14) Theft by officers and employees of gaming 
        establishments on indian lands.--Section 1168 (a) and (b) of 
        title 18, United States Code, are each amended by inserting 
        ``or attempts so to embezzle, abstract, purloin, misapply, or 
        take and carry away,'' before ``any moneys,''.
            (15) Theft of property used by the postal service.--Section 
        1707 of title 18, United States Code, is amended by inserting 
        ``, or attempts to steal, purloin, or embezzle,'' before ``any 
        property'' and by inserting ``or attempts to appropriate'' 
        after ``appropriates''.
            (16) Theft in receipt of stolen mail matter.--Section 1708 
        of title 18, United States Code, is amended in the second 
        paragraph by inserting ``or attempts to steal, take, or 
        abstract,'' after ``abstracts,'' and by inserting ``, or 
        attempts so to obtain,'' after ``obtains''.
            (17) Theft of mail matter by officer or employee.--Section 
        1709 of title 18, United States Code, is amended--
                    (A) by inserting ``or attempts to embezzle'' after 
                ``embezzles''; and
                    (B) by inserting ``, or attempts to steal, 
                abstract, or remove,'' after ``removes''.
            (18) Misappropriation of postal funds.--Section 1711 of 
        title 18, United States Code, is amended by inserting ``or 
        attempts to loan, use, pledge, hypothecate, or convert to his 
        own use,'' after ``use''.
            (19) Bank robbery and incidental crimes.--Section 2113(b) 
        of title 18, United States Code, is amended by inserting ``or 
        attempts so to take and carry away,'' before ``any property'' 
        each place it appears.
    (b) Securities Crimes.--
            (1) Possession of tools.--Section 477 of title 18, United 
        States Code, is amended by inserting ``, or attempts so to 
        sell, give, or deliver,'' before ``any such imprint''.
            (2) Uttering counterfeit foreign obligations or 
        securities.--Section 479 of title 18, United States Code, is 
        amended by inserting ``or attempts to utter or pass,'' after 
        ``passes,''.
            (3) Minor coins.--Section 490 of title 18, United States 
        Code, is amended by inserting ``attempts to pass, utter, or 
        sell,'' before ``or possesses''.
            (4) Securities of states and private entities.--Section 
        513(a) of title 18, United States Code, is amended by inserting 
        ``or attempts to utter,'' after ``utters''.

SEC. 3804. CLARIFICATION OF SCIENTER REQUIREMENT FOR RECEIVING PROPERTY 
              STOLEN FROM AN INDIAN TRIBAL ORGANIZATION.

    Section 1163 of title 18, United States Code, is amended in the 
second paragraph by striking ``so''.

SEC. 3805. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL STAMP VENDING 
              MACHINES.

    Section 2115 of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``any building'';
            (2) by inserting ``or any post office box or postal stamp 
        vending machine for the sale of stamps owned by the Postal 
        Service,'' after ``used in whole or in part as a post 
        office,''; and
            (3) by inserting ``or in such box or machine,'' after ``so 
        used''.

SEC. 3806. EXPANSION OF FEDERAL THEFT OFFENSES TO COVER THEFT OF 
              VESSELS.

    (a) Vessel Defined.--Section 2311 of title 18, United States Code, 
is amended by adding at the end the following:
    ```Vessel' means any watercraft or other contrivance used or 
designed for transportation or navigation on, under, or immediately 
above, water.''.
    (b) Transportation of Stolen Vehicles; Sale or Receipt of Stolen 
Vehicles.--Sections 2312 and 2313 of title 18, United States Code, are 
each amended by striking ``motor vehicle or aircraft'' and inserting 
``motor vehicle, vessel, or aircraft''.

            Subtitle I--Improvements to Federal Criminal Law

                    PART 1--SENTENCING IMPROVEMENTS

SEC. 3910. APPLICATION OF SENTENCING GUIDELINES TO ALL PERTINENT 
              STATUTES.

    Section 994(a) of title 28, United States Code, is amended by 
striking ``consistent with all pertinent provisions of this title and 
title 18, United States Code,'' and inserting ``consistent with all 
pertinent provisions of any Federal statute''.

SEC. 3911. DOUBLING MAXIMUM PENALTY FOR VOLUNTARY MANSLAUGHTER.

    Section 1112(b) of title 18, United States Code, is amended by 
striking ``ten years'' and inserting ``20 years''.

SEC. 3912. AUTHORIZATION OF IMPOSITION OF BOTH A FINE AND IMPRISONMENT 
              RATHER THAN ONLY EITHER PENALTY IN CERTAIN OFFENSES.

    (a) Power of Court.--Section 401 of title 18, United States Code, 
is amended by inserting ``or both,'' after ``fine or imprisonment,''.
    (b) Destruction of Letter Boxes or Mail.--Section 1705 of title 18, 
United States Code, is amended by inserting ``, or both'' after 
``years''.

SEC. 3913. ADDITION OF SUPERVISED RELEASE VIOLATION AS PREDICATES FOR 
              CERTAIN OFFENSES.

    (a) In General.--Sections 1512(a)(1)(C), 1512(b)(3), 1512(c)(2), 
1513(a)(1)(B), and 1513(b)(2) are each amended by striking ``violation 
of conditions of probation, parole or release pending judicial 
proceedings'' and inserting ``violation of conditions of probation, 
supervised release, parole, or release pending judicial proceedings''.
    (b) Release or Detention of Defendant Pending Trial.--Section 3142 
of title 18, United States Code, is amended--
            (1) in subsection (d)(1)(A)(iii), by inserting ``, 
        supervised release,'' after ``probation''; and
            (2) in subsection (g)(3)(B), by inserting ``or supervised 
        release'' after ``probation''.

SEC. 3914. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR 
              SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF 
              IMPRISONMENT IN CERTAIN CASES.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended 
by inserting ``(and may impose a sentence of probation or supervised 
release with or without conditions)'' after ``may reduce the term of 
imprisonment''.

SEC. 3915. INCREASED PENALTY FOR RACKETEERING ACTIVITY.

    Section 1959(a)(5) of title 18, United States Code, is amended by 
substituting ``twenty'' for ``ten''.

        PART 2--ADDITIONAL IMPROVEMENTS TO FEDERAL CRIMINAL LAW

SEC. 3920. FALSE ADVERTISING OR MISUSE OF NAME TO INDICATE UNITED 
              STATES MARSHALS SERVICE.

    Section 709 of title 18, United States Code, is amended by 
inserting after the thirteenth undesignated paragraph the following:
    ``Whoever, except with the written permission of the Director of 
the United States Marshals Service, knowingly uses the words `United 
States Marshals Service', `U.S. Marshals Service', `United States 
Marshal', `U.S. Marshal', or `U.S.M.S.', or any colorable imitation of 
any such words, or the likeness of a United States Marshals Service 
badge, logo, or insignia on any item of apparel, in connection with any 
advertisement, circular, book, pamphlet, software, or other 
publication, or any play, motion picture, broadcast, telecast, or other 
production, in a manner that is reasonably calculated to convey the 
impression that the wearer of the item of apparel is acting pursuant to 
the legal authority of the United States Marshals Service, or to convey 
the impression that such advertisement, circular, book, pamphlet, 
software, or other publication, or such play, motion picture, 
broadcast, telecast, or other production, is approved, endorsed, or 
authorized by the United States Marshals Service;''.

SEC. 3921. VIOLENCE DIRECTED AT DWELLINGS IN INDIAN COUNTRY.

    Section 1153(a) of title 18, United States Code, is amended by 
inserting ``or 1363'' after ``section 661''.

SEC. 3922. CORRECTIONS TO AMBER HAGERMAN CHILD PROTECTION ACT.

    (a) Aggravated Sexual Abuse.--Section 2241(c) of title 18, United 
States Code, is amended by striking ``younger than that person'' and 
inserting ``younger than the person so engaging''.
    (b) Sexual Abuse of a Minor or Ward.--Section 2243(a) of title 18, 
United States Code, is amended--
            (1) by striking ``Whoever'' and inserting ``Except as 
        provided in section 2241(c) of this title, whoever''; and
            (2) by striking ``crosses a State line with intent to 
        engage in a sexual act with a person who has not attained the 
        age of 12 years, or''.
    (c) Definitions.--Section 2246 of title 18, United States Code, is 
amended--
            (1) in paragraph (4), by striking the period and inserting 
        a semicolon;
            (2) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (3) by adding a new paragraph as follows:
            ``(6) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, possession, or 
        territory of the United States.''.

SEC. 3923. ELIMINATION OF ``BODILY HARM'' ELEMENT IN ASSAULT WITH A 
              DANGEROUS WEAPON OFFENSE.

    Section 113(a)(3) of title 18, United States Code, is amended by 
striking ``with intent to do bodily harm, and''.

SEC. 3924. APPEALS FROM CERTAIN DISMISSALS.

    Section 3731 of title 18, United States Code, is amended by 
inserting ``or any part thereof'' after ``as to any one or more 
counts''.

SEC. 3925. AUTHORITY FOR INJUNCTION AGAINST DISPOSAL OF ILL-GOTTEN 
              GAINS FROM VIOLATIONS OF FRAUD STATUTES.

    Section 1345(a)(2) of title 18, United States Code, is amended by 
inserting ``violation of this chapter or section 287, 371 (insofar as 
such violation involves a conspiracy to defraud the United States or 
any agency thereof), or 1001 of this title or of a'' after ``as a 
result of a''. 

SEC. 3926. EXPANSION OF INTERSTATE TRAVEL FRAUD STATUTE TO COVER 
              INTERSTATE TRAVEL BY PERPETRATOR.

    Section 2314 of title 18, United States Code, is amended in the 
second undesignated paragraph--
            (1) by inserting ``travels in,'' before ``transports or 
        causes to be transported, or induce any person or persons to 
        travel in''; and
            (2) by inserting a comma after ``transports''.

SEC. 3927. CLARIFICATION OF SCOPE OF UNAUTHORIZED SELLING OF MILITARY 
              MEDALS OR DECORATIONS.

    Section 704(b)(2) of title 18, United States Code, is amended by 
striking ``with respect to a Congressional Medal of Honor''.

SEC. 3928. AMENDMENT TO SECTION 669 TO CONFORM TO PUBLIC LAW 104-294.

    Section 669 of title 18, United States Code, is amended by striking 
``$100'' and inserting ``$1,000''.

SEC. 3929. EXPANSION OF JURISDICTION OVER CHILD BUYING AND SELLING 
              OFFENSES.

    Section 2251A(c)(3) of title 18, United States Code, is amended by 
striking ``in any territory or possession of the United States'' and 
inserting ``in the special maritime and territorial jurisdiction of the 
United States or in any commonwealth, territory, or possession of the 
United States''.

SEC. 3930. ASSAULT AS A RICO PREDICATE.

    Section 1961(1)(A) of title 18, United States Code, is amended by 
adding after ``extortion,'' ``assault''.

SEC. 3931. LIMITS ON DISCLOSURE OF WIRETAP ORDERS.

    Section 2518(9) of title 18, United States Code, is amended by 
inserting ``aggrieved'' before the word ``party'' wherever it appears.

SEC. 3932. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND PROCEDURE.

    (a) Missing and Incorrect Words.--
            (1) Correction of garbled sentence.--Section 510(c) of 
        title 18, United States Code, is amended by striking ``fine of 
        under this title'' and inserting ``fine under this title''.
            (2) Insertion of missing words.--Section 981(d) of title 
        18, United States Code, is amended by striking ``proceeds from 
        the sale of this section'' and inserting ``proceeds from the 
        sale of such property under this section''.
            (3) Correction of incorrect word.--Sections 1425 through 
        1427, 1541 through 1544 and 1546(a) of title 18, United States 
        Code, are each amended by striking ``to facility'' and 
        inserting ``to facilitate''.
            (4) Correcting erroneous amendatory language on executed 
        amendment.--
                    (A) In general.--Section 60003(a)(13) of the 
                Violent Crime Control and Law Enforcement Act of 1994 
                is amended by striking $1,000,000 or imprisonment'' and 
                inserting ``$1,000,000 and imprisonment''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply as if that subsection had 
                been enacted on the date of enactment of the Violent 
                Crime Control and Law Enforcement Act of 1994 (18 Stat. 
                1796 et seq.).
            (5) Insertion of missing word.--Section 3286 of title 18, 
        United States Code, is amended by inserting ``section'' before 
        ``2332b''.
            (6) Correction of reference to short title of law.--Section 
        2332d(a) of title 18, United States Code, is amended by 
inserting ``of 1979'' after ``Export Administration Act''.
            (7) Elimination of typo.--Section 1992(b) of title 18, 
        United States Code, is amended by striking ``term or years'' 
        and inserting ``term of years''.
            (8) Spelling correction.--Section 2339A(a) of title 18, 
        United States Code, is amended by striking ``or an escape'' and 
        inserting ``of an escape''.
            (9) Section 3553.--Section 3553(e) of title 18, United 
        States Code, is amended by inserting ``a'' before ``minimum''.
            (10) Misplaced words in statement of penalty.--Section 
        2251(d) of title 18, United States Code, is amended by striking 
        ``or imprisoned not less than 10 years nor more than 20 years, 
        and both'' and inserting ``and imprisoned not less than 10 nor 
        more than 20 years''.
    (b) Margins, Punctuation, and Similar Errors.--
            (1) Margin error.--Section 1030(c)(2) of title 18, United 
        States Code, is amended so that the margins of subparagraph (B) 
        and each of its clauses are moved 2 ems to the left.
            (2) Correcting capitalization in language to be stricken.--
                    (A) In general.--The amendment to section 
                11716(g)(2) of title 18, United States Code, contained 
                in section 607(g)(2) of the Economic Espionage Act of 
                1996 (110 Stat. 3511) shall be deemed to strike 
                ``State, territory, or the District of Columbia'' and 
                insert ``State''.
                    (B) Effective date.--Subparagraph (A) shall apply 
                as if enacted on the date of enactment of the Economic 
                Espionage Act of 1996.
            (3) Correcting paragraphing.--The material added to section 
        521(a) of title 18, United States Code, by section 607(q) of 
        the Economic Espionage Act of 1996 (110 Stat. 3513) is amended 
        to appear as a paragraph indented 2 ems from the left margin.
            (4) Subsection placement correction.--Section 1513 of title 
        18, United States Code, is amended by transferring subsection 
        (d) so that it appears following subsection (c).
            (5) Insertion of parenthetical descriptions.--Section 
        2332b(g)(5) of title 18, United States Code, is amended--
                    (A) by inserting ``(relating to certain killings in 
                Federal facilities)'' after ``930(c)'';
                    (B) by inserting ``(relating to wrecking trains)'' 
                after ``1992''; and
                    (C) by inserting ``(relating to use of chemical 
                weapons)'' after ``2332c''.
            (6) Correction to allow for insertion of new 
        subparagraph.--Section 1956(c)(7) of title 18, United States 
        Code, is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (D);
                    (B) by striking the period at the end of 
                subparagraph (E) and inserting ``; or''; and
                    (C) in subparagraph (F), by striking ``Any'' and 
                inserting ``any''.
            (7) Redesignation of duplicate paragraph.--Section 982(a) 
        of title 18, United States Code, is amended by redesignating 
        the second paragraph (6) as paragraph (7).
            (8) Correction of confusing subdivision designation.--
        Section 1716 of title 18, United States Code, is amended--
                    (A) by redesignating subsection (j) as subsection 
                (k);
                    (B) in the first undesignated paragraph, by 
                inserting ``(j)(1)'' before ``Whoever''; and
                    (C) in the undesignated paragraph following 
                subsection (j)(1)--
                            (i) by striking ``not more than $10,000'' 
                        and inserting ``under this title''; and
                            (ii) by inserting ``(2)'' at the beginning 
                        of that paragraph; and
                    (D) by inserting ``(3)'' at the beginning of the 
                undesignated paragraph following subsection (j)(2), as 
                so designated.
            (9) Punctuation correction in section 1091.--Section 
        1091(b)(1) of title 18, United States Code, is amended by 
        striking ``subsection (a)(1),'' and inserting ``subsection 
        (a)(1)''.
            (10) Punctuation correction in section 2311.--Section 2311 
        of title 18, United States Code, is amended by striking the 
        period after ``carcasses thereof'' the second place that term 
        appears and inserting a semicolon.
            (11) Syntax correction.--Section 115(b)(2) of title 18, 
        United States Code, is amended by striking ``, attempted 
        kidnapping, or conspiracy to kidnap of a person'' and inserting 
        ``or attempted kidnapping of, or a conspiracy to kidnap a 
        person''.
    (c) Elimination of Redundancies.--
            (1) Elimination of redundant provision.--Section 2516(1) of 
        title 18, United States Code, is amended--
                    (A) by striking the first paragraph (p); and
                    (B) by inserting ``or'' at the end of paragraph 
                (o).
            (2) Elimination of duplicative amendments.--Paragraphs (1), 
        (2), and (4) of section 610(b), paragraph (2) of section 
        601(d), paragraphs (2) and (6) of section 601(f), paragraphs 
        (1) and (2)(A) of section 601(j), subsection (k) of section 
        601, subsection (d) of section 602, paragraph (4) of section 
        604(b), and subsection (r) of section 605 of the Economic 
        Espionage Act of 1996 are each repealed.
            (3) Elimination of extra comma.--Section 1956(c)(7)(D) of 
        title 18, United States Code, is amended--
                    (A) by striking ``Code,,'' and inserting ``Code,''; 
                and
                    (B) by striking ``services),,'' and inserting 
                ``(services),''.
            (4) Repeal of section granting duplicative authority.--
                    (A) Section 3503 of title 18, United States Code, 
                is repealed.
                    (B) The table of sections at the beginning of 
                chapter 223 of title 18, United States Code, is amended 
                by striking the item relating to section 3503.
            (5) Elimination of outmoded reference to parole.--Section 
        929(b) of title 18, United States Code, is amended by striking 
        the last sentence.
    (d) Correction of Outmoded Fine Amounts.--
            (1) In title 18, united states code.--
                    (A) In section 665.--Section 665(c) of title 18, 
                United States Code, is amended by striking ``a fine of 
                not more than $5,000'' and inserting ``a fine under 
                this title''.
                    (B) In sections 1924, 2075, 211b, and 2236.--
                            (i) Section 1924(a) of title 18, United 
                        States Code, is amended by striking ``not more 
                        than $1,000,'' and inserting ``under this 
                        title''.
                            (ii) Sections 2075, 2113(b), and 2236 of 
                        title 18, United States Code, are each amended 
                        by striking ``not more than $1,000'' and 
                        inserting ``under this title''.
                    (C) In section 372 and 752.--Sections 372 and 
                752(a) of title 18, United States Code, are each 
                amended by striking ``not more than $5,000'' and 
                inserting ``under this title''.
            (2) In the controlled substances act.--
                    (A) In section 401.--Section 401(e) of the 
                Controlled Substances Act (21 U.S.C. 841(e)) is 
                amended--
                            (i) in paragraph (1), by striking ``and 
                        shall be fined not more than $10,000'' and 
                        inserting ``or fined under title 18, United 
                        States Code, or both''; and
                            (ii) in paragraph (2), by striking ``and 
                        shall be fined not more than $20,000'' and 
                        inserting ``or fined under title 18, United 
                        States Code, or both''.
                    (B) In section 402.--Section 402(c)(2) of the 
                Controlled Substances Act (21 U.S.C. 842(c)) is 
                amended--
                            (i) in subparagraph (A), by striking ``of 
                        not more than $25,000'' and inserting ``under 
                        title 18, United States Code''; and
                            (ii) in subparagraph (B), by striking ``of 
                        $50,000'' and inserting ``under title 18, 
                        United States Code''.
                    (C) In section 403.--Section 403(d) of the 
                Controlled Substances Act (21 U.S.C. 843(d)) is 
                amended--
                            (i) by striking ``of not more than 
                        $30,000'' each place that term appears and 
                        inserting ``under title 18, United States 
                        Code''; and
                            (ii) by striking ``of not more than 
                        $60,000'' each place that term appears and 
                        inserting ``under title 18, United States 
                        Code''.
    (e) Cross Reference Corrections.--
            (1) Cross reference correction occasioned by enactment of 
        intervening law.--
                    (A) Section 3583.--Section 3583(d) of title 18, 
                United States Code, is amended by striking ``section 
                3563(b)(1) through (b)(10) and (b)(12) through 
                (b)(20)'' and inserting ``paragraphs (1) through (9) 
                and (11) through (19) of section 3563(b)''.
                    (B) Section 3563.--Section 3563(a)(2) of title 18, 
                United States Code, is amended by striking the item 
relating to section 3503.
            (5) Elimination of outmoded reference to parole.--Section 
        929(b) of title 18, United States Code, is amended by striking 
        the last sentence.
    (d) Correction of Outmoded Fine Amounts.--
            (1) In title 18, united states code.--
                    (A) In section 665.--Section 665(c) of title 18, 
                United States Code, is amended by striking ``a fine of 
                not more than $5,000'' and inserting ``a fine under 
                this title''.
                    (B) In sections 1924, 2075, 211b, and 2236.--
                            (i) Section 1924(a) of title 18, United 
                        States Code, is amended by striking ``not more 
                        than $1,000,'' and inserting ``under this 
                        title''.
                            (ii) Sections 2075, 2113(b), and 2236 of 
                        title 18, United States Code, are each amended 
                        by striking ``not more than $1,000'' and 
                        inserting ``under this title''.
                    (C) In section 372 and 752.--Sections 372 and 
                752(a) of title 18, United States Code, are each 
                amended by striking ``not more than $5,000'' and 
                inserting ``under this title''.
            (2) In the controlled substances act.--
                    (A) In section 401.--Section 401(e) of the 
                Controlled Substances Act (21 U.S.C. 841(e)) is 
                amended--
                            (i) in paragraph (1), by striking ``and 
                        shall be fined not more than $10,000'' and 
                        inserting ``or fined under title 18, United 
                        States Code, or both''; and
                            (ii) in paragraph (2), by striking ``and 
                        shall be fined not more than $20,000'' and 
                        inserting ``or fined under title 18, United 
                        States Code, or both''.
                    (B) In section 402.--Section 402(c)(2) of the 
                Controlled Substances Act (21 U.S.C. 842(c)) is 
                amended--
                            (i) in subparagraph (A), by striking ``of 
                        not more than $25,000'' and inserting ``under 
                        title 18, United States Code''; and
                            (ii) in subparagraph (B), by striking ``of 
                        $50,000'' and inserting ``under title 18, 
                        United States Code''.
                    (C) In section 403.--Section 403(d) of the 
                Controlled Substances Act (21 U.S.C. 843(d)) is 
                amended--
                            (i) by striking ``of not more than 
                        $30,000'' each place that term appears and 
                        inserting ``under title 18, United States 
                        Code''; and
                            (ii) by striking ``of not more than 
                        $60,000'' each place that term appears and 
                        inserting ``under title 18, United States 
                        Code''.
    (e) Cross Reference Corrections.--
            (1) Cross reference correction occasioned by enactment of 
        intervening law.--
                    (A) Section 3583.--Section 3583(d) of title 18, 
                United States Code, is amended by striking ``section 
                3563(b)(1) through (b)(10) and (b)(12) through 
                (b)(20)'' and inserting ``paragraphs (1) through (9) 
                and (11) through (19) of section 3563(b)''.
                    (B) Section 3563.--Section 3563(a)(2) of title 18, 
                United States Code, is amended by striking ``(b)(3), or 
                (b)(13)'' and inserting ``or (b)(12)''.
            (2) Section 3664.--Section 3664(o)(1)(C) of title 18, 
        United States Code, is amended by striking ``section 
        3664(d)(3)'' and inserting ``subsection (d)(5)''.
            (3) Chapter 228.--Section 3592(c)(1) of title 18, United 
        States Code, is amended by striking ``section 36'' and 
        inserting ``section 37''.
            (4) Correcting erroneous cross reference in controlled 
        substances act.--Section 511(a)(10) of the Controlled 
        Substances Act (21 U.S.C. 881(a)(10)) is amended by striking 
        ``1882 of the Mail Order Drug Paraphernalia Control Act'' and 
        inserting ``422''.
            (5) Correction to reflect cross reference change made by 
        other law.--Effective on the date of its enactment, section 
        601(c)(3) of the Economic Espionage Act of 1996 (110 Stat. 
        3499) is amended by striking ``247(d)'' and inserting 
        ``247(e)''.
            (6) Typographical and typeface error in table of 
        contents.--The item relating to chapter 123 in the table of 
        chapters at the beginning of part I of title 18, United States 
        Code, is amended--
                    (A) by striking ``2271'' and inserting ``2721''; 
                and
                    (B) so that the item appears in bold face type.
            (7) Correction occasioned by enactment of intervening 
        law.--Section 3563(a) of title 18, United States Code, is 
        amended by striking ``paragraph (4)'' each place it appears and 
        inserting ``paragraph (5)''.
            (8) Section 3565.--Section 3565(b)(3) of title 18, United 
        States Code, is amended by striking ``3563(a)(4)'' and 
        inserting ``3563(a)(5)''.
            (9) Section 4104.--Section 4104(d) of title 18, United 
        States Code, is amended by striking ``section 3653 of this 
        title and rule 32(f) of'' and inserting ``section 3565 of this 
        title and the applicable provisions of''.
            (10) Error in amendatory language.--Effective on the date 
        of its enactment, section 583 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 1998 (111 
        Stat. 2346) is amended by striking ``Section 2401'' and 
        inserting ``Section 2441''.
            (11) Error in cross reference to court rules.--The first 
        sentence of section 3593(c) of title 18, United States Code, is 
        amended by striking ``rule 32(c)'' and inserting ``rule 32''.
            (12) Correction of erroneous cite in amendatory language.--
        Effective on the date of the enactment of section 102 of the 
        Economic Espionage Act of 1996 (110 Stat. 3491), such section 
        is amended by striking ``Section 2516(1)(c)'' and inserting 
        ``Section 2516(1)(a)''.
            (13) Section 1836.--Section 1836(a) of title 18, United 
        States Code, is amended by striking ``this section'' and 
        inserting ``this chapter''.
            (14) Correction of erroneous cite in chapter 119.--Section 
        2510(10) of title 18, United States Code, is amended by 
        striking ``shall have'' and all that follows through ``United 
        States Code;'' and inserting ``has the meaning given that term 
        in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153);''.
    (f) Tables of Sections Corrections.--
            (1) Conforming table of sections to heading of section.--
        The item relating to section 1837 in the table of sections at 
        the beginning of chapter 90 of title 18, United States Code, is 
        amended by striking ``Conduct'' and inserting ``Applicability 
        to conduct''.
            (2) Conforming heading to table of sections entry.--The 
        heading of section 1920 of title 18, United States Code, is 
        amended by striking ``employee's'' and inserting 
        ``employees'''.

                  TITLE IV--PREVENTING JUVENILE CRIME

               Subtitle A--Grants to Youth Organizations

SEC. 4001. GRANT PROGRAM.

    The Attorney General may make grants to States, Indian tribes, and 
national or statewide nonprofit organizations in crime prone areas, 
such as Boys and Girls Clubs, Police Athletic Leagues, 4-H Clubs, YMCA 
Big Brothers and Big Sisters, and Kids 'N Kops programs, for the 
purpose of--
            (1) providing constructive activities to youth during after 
        school hours, weekends, and school vacations;
            (2) providing supervised activities in safe environments to 
        youth in crime prone areas;
            (3) providing antidrug education to prevent drug abuse 
        among youth;
            (4) supporting police officer training and salaries and 
        educational materials to expand D.A.R.E. America's middle 
        school campaign; or
            (5) providing constructive activities to youth in a safe 
        environment through parks and other public recreation areas.

SEC. 4002. GRANTS TO NATIONAL ORGANIZATIONS.

    (a) Applications.--
            (1) Eligibility.--In order to be eligible to receive a 
        grant under this section, the chief operating officer of a 
        national or Statewide community-based organization shall submit 
        an application to the Attorney General in such form and 
        containing such information as the Attorney General may 
        reasonably require.
            (2) Application requirements.--Each application submitted 
        in accordance with paragraph (1) shall include--
                    (A) a request for a grant to be used for the 
                purposes described in this subtitle;
                    (B) a description of the communities to be served 
                by the grant, including the nature of juvenile crime, 
                violence, and drug use in the communities;
                    (C) written assurances that Federal funds received 
                under this subtitle will be used to supplement and not 
                supplant, non-Federal funds that would otherwise be 
                available for activities funded under this subtitle;
                    (D) written assurances that all activities will be 
                supervised by an appropriate number of responsible 
                adults;
                    (E) a plan for assuring that program activities 
                will take place in a secure environment that is free of 
                crime and drugs; and
                    (F) any additional statistical or financial 
                information that the Attorney General may reasonably 
                require.
    (b) Grant Awards.--In awarding grants under this section, the 
Attorney General shall consider--
            (1) the ability of the applicant to provide the stated 
        services;
            (2) the history and establishment of the applicant in 
        providing youth activities on a Statewide or nationwide basis; 
        and
            (3) the extent to which the organizations shall achieve an 
        equitable geographic distribution of the grant awards.

SEC. 4003. GRANTS TO STATES.

    (a) Applications.--
            (1) In general.--The Attorney General may make grants under 
        this section to States for distribution to units of local 
        government and community-based organizations for the purposes 
        set forth in section 4001.
            (2) Grants.--To request a grant under this section, the 
        chief executive of a State shall submit an application to the 
        Attorney General in such form and containing such information 
        as the Attorney General may reasonably require.
            (3) Application requirements.--Each application submitted 
        in accordance with paragraph (2) shall include--
                    (A) a request for a grant to be used for the 
                purposes described in this subtitle;
                    (B) a description of the communities to be served 
                by the grant, including the nature of juvenile crime, 
                violence, and drug use in the community;
                    (C) written assurances that Federal funds received 
                under this subtitle will be used to supplement and not 
                supplant, non-Federal funds that would otherwise be 
                available for activities funded under this subtitle;
                    (D) written assurances that all activities will be 
                supervised by an appropriate number of responsible 
                adults; and
                    (E) a plan for assuring that program activities 
                will take place in a secure environment that is free of 
                crime and drugs.
    (b) Grant Awards.--In awarding grants under this section, the State 
shall consider--
            (1) the ability of the applicant to provide the stated 
        services;
            (2) the history and establishment of the applicant in the 
        community to be served;
            (3) the level of juvenile crime, violence, and drug use in 
        the community;
            (4) the extent to which structured extracurricular 
        activities for youth are otherwise unavailable in the 
        community;
            (5) the need in the community for secure environments for 
        youth to avoid criminal victimization and exposure to crime and 
        illegal drugs;
            (6) to the extent practicable, achievement of an equitable 
        geographic distribution of the grant awards; and
            (7) whether the applicant has an established record of 
        providing extracurricular activities that are generally not 
        otherwise available to youth in the community.
    (c) Allocation.--
            (1) State allocations.--The Attorney General shall allot 
        not less than 0.75 percent of the total amount made available 
        each fiscal year to carry out this section to each State that 
        has applied for a grant under this section.
            (2) Indian tribes.--The Attorney General shall allot not 
        less than 0.75 percent of the total amount made available each 
        fiscal year to carry out this section to Indian tribes, in 
        accordance with the criteria set forth in subsections (a) and 
        (b).
            (3) Remaining amounts.--Of the amount remaining after the 
        allocations under paragraphs (1) and (2), the Attorney General 
        shall allocate to each State an amount that bears the same 
        ratio to the total amount of remaining funds as the population 
        of the State bears to the total population of all States.

SEC. 4004. ALLOCATION; GRANT LIMITATION.

    (a) Allocation.--Of amounts made available to carry out this 
subtitle--
            (1) 20 percent shall be for grants to national 
        organizations under section 4002; and
            (2) 80 percent shall be for grants to States under section 
        403.
    (b) Grant Limitation.--Not more than 3 percent of the funds made 
available to the Attorney General or a grant recipient under this 
subtitle may be used for administrative purposes.

SEC. 4005. REPORT AND EVALUATION.

    (a) Report to the Attorney General.--Not later than October 1, 
1999, and October 1 of each year thereafter, each grant recipient under 
this subtitle shall submit to the Attorney General a report that 
describes, for the year to which the report relates--
            (1) the activities provided;
            (2) the number of youth participating;
            (3) the extent to which the grant enabled the provision of 
        activities to youth that would not otherwise be available; and
            (4) any other information that the Attorney General 
        requires for evaluating the effectiveness of the program.
    (b) Evaluation and Report to Congress.--Not later than March 1, 
2000, and March 1 of each year thereafter, the Attorney General shall 
submit to Congress an evaluation and report that contains a detailed 
statement regarding grant awards, activities of grant recipients, a 
compilation of statistical information submitted by grant recipients 
under this subtitle, and an evaluation of programs established by grant 
recipients under this subtitle.
    (c) Criteria.--In assessing the effectiveness of the programs 
established and operated by grant recipients pursuant to this subtitle, 
the Attorney General shall consider--
            (1) the number of youth served by the grant recipient;
            (2) the percentage of youth participating in the program 
        charged with acts of delinquency or crime compared to youth in 
        the community at large;
            (3) the percentage of youth participating in the program 
        that uses drugs compared to youth in the community at large;
            (4) the percentage of youth participating in the program 
        that are victimized by acts of crime or delinquency compared to 
        youth in the community at large; and
            (5) the truancy rates of youth participating in the program 
        compared to youth in the community at large.
    (d) Documents and Information.--Each grant recipient under this 
subtitle shall provide the Attorney General with all documents and 
information that the Attorney General determines to be necessary to 
conduct an evaluation of the effectiveness of programs funded under 
this subtitle.

SEC. 4006. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this subtitle from the Violent Crime Reduction Trust Fund--
            (1) such sums as may be necessary for each of the fiscal 
        years 1999 and -2000;
            (2) for fiscal year 2001, $125,000,000; and
            (3) for fiscal year 2002, $125,000,000.
    (b) Continued Availability.--Amounts made available under this 
subtitle shall remain available until expended.

     Subtitle B--``Say No to Drugs'' Community Centers Act of 1998

SEC. 4201. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This subtitle may be cited as the ``Say No to 
Drugs Community Centers Act of 1998''.
    (b) Definitions.--For purposes of this subtitle--
            (1) the term ``community-based organization'' means a 
        private, locally initiated organization that--
                    (A) is a nonprofit organization, as that term is 
                defined in section 103(23) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 
                5603(23)); and
                    (B) involves the participation, as appropriate, of 
                members of the community and community institutions, 
                including--
                            (i) business and civic leaders actively 
                        involved in providing employment and business 
                        development opportunities in the community;
                            (ii) educators;
                            (iii) religious organizations (which shall 
                        not provide any sectarian instruction or 
                        sectarian worship in connection with program 
                        activities funded under this subtitle);
                            (iv) law enforcement agencies; and
                            (v) other interested parties;
            (2) the term ``eligible community'' means a community--
                    (A) identified by an eligible recipient for 
                assistance under this subtitle; and
                    (B) an area that meets such criteria as the 
                Attorney General may, by regulation, establish, 
                including criteria relating to poverty, juvenile 
                delinquency, and crime;
            (3) the term ``eligible recipient'' means a community-based 
        organization or public school that has--
                    (A) been approved for eligibility by the Attorney 
                General, upon application submitted to the Attorney 
                General in accordance with section 412(b); and
                    (B) demonstrated that the projects and activities 
                it seeks to support in an eligible community involve 
                the participation, when feasible and appropriate, of--
                            (i) parents, family members, and other 
                        members of the eligible community;
                            (ii) civic and religious organizations 
                        serving the eligible community;
                            (iii) school officials and teachers 
                        employed at schools located in the eligible 
                        community;
                            (iv) public housing resident organizations 
                        in the eligible community; and
                            (v) public and private nonprofit 
                        organizations and organizations serving youth 
                        that provide education, child protective 
                        services, or other human services to low 
                        income, at-risk youth and their families;
            (4) the term ``poverty line'' means the income official 
        poverty line (as defined by the Office of Management and 
        Budget, and revised annually in accordance with section 673(2) 
        of the Community Services Block Grant Act (42 U.S.C. 9902(2)) 
        applicable to a family of the size involved; and
            (5) the term ``public school'' means a public elementary 
        school, as defined in section 1201(i) of the Higher Education 
        Act of 1965 (20 U.S.C. 1141(i)), and a public secondary school, 
        as defined in section 1201(d) of that Act (42 U.S.C. 1141(d)).

SEC. 4202. GRANT REQUIREMENTS.

    (a) In General.--The Attorney General may make grants to eligible 
recipients, which grants may be used to provide to youth living in 
eligible communities during after school hours or summer vacations, the 
following services:
            (1) Rigorous drug prevention education.
            (2) Drug counseling and treatment.
            (3) Academic tutoring and mentoring.
            (4) Activities promoting interaction between youth and law 
        enforcement officials.
            (5) Vaccinations and other basic preventive health care.
            (6) Sexual abstinence education.
            (7) Other activities and instruction to reduce youth 
        violence and substance abuse.
    (b) Location and Use of Amounts.--An eligible recipient that 
receives a grant under this subtitle--
            (1) shall ensure that the stated program is carried out--
                    (A) when appropriate, in the facilities of a public 
                school during nonschool hours; or
                    (B) in another appropriate local facility that is--
                            (i) in a location easily accessible to 
                        youth in the community; and
                            (ii) in compliance with all applicable 
                        State and local ordinances;
            (2) shall use the grant amounts to provide to youth in the 
        eligible community services and activities that include 
        extracurricular and academic programs that are offered--
                    (A) after school and on weekends and holidays, 
                during the school year; and
                    (B) as daily full day programs (to the extent 
                available resources permit) or as part day programs, 
                during the summer months;
            (3) shall use not more than 5 percent of the amounts to pay 
        for the administrative costs of the program;
            (4) shall not use such amounts to provide sectarian worship 
        or sectarian instruction; and
            (5) may not use the amounts for the general operating costs 
        of public schools.
    (c) Applications.--
            (1) In general.--Each application to become an eligible 
        recipient shall be submitted to the Attorney General at such 
        time, in such manner, and accompanied by such information, as 
        the Attorney General may reasonably require.
            (2) Contents of application.--Each application submitted 
        pursuant to paragraph (1) shall--
                    (A) describe the activities and services to be 
                provided through the program for which the grant is 
                sought;
                    (B) contain a comprehensive plan for the program 
                that is designed to achieve identifiable goals for 
                youth in the eligible community;
                    (C) describe in detail the drug education and drug 
                prevention programs that will be implemented;
                    (D) specify measurable goals and outcomes for the 
                program that will include--
                            (i) reducing the percentage of youth in the 
                        eligible community that enter the juvenile 
                        justice system or become addicted to drugs;
                            (ii) increasing the graduation rates, 
                        school attendance, and academic success of 
                        youth in the eligible community; and
                            (iii) improving the skills of program 
                        participants;
                    (E) contain an assurance that the applicant will 
                use grant amounts received under this subtitle to 
                provide youth in the eligible community with activities 
                and services consistent with subsection (g);
                    (F) demonstrate the manner in which the applicant 
                will make use of the resources, expertise, and 
                commitment of private entities in carrying out the 
                program for which the grant is sought;
                    (G) include an estimate of the number of youth in 
                the eligible community expected to be served under the 
                program;
                    (H) include a description of charitable private 
                resources, and all other resources, that will be made 
                available to achieve the goals of the program;
                    (I) contain an assurance that the applicant will 
                comply with any evaluation under section 522, any 
                research effort authorized under Federal law, and any 
                investigation by the Attorney General;
                    (J) contain an assurance that the applicant will 
                prepare and submit to the Attorney General an annual 
                report regarding any program conducted under this 
                subtitle;
                    (K) contain an assurance that the program for which 
                the grant is sought will, to the maximum extent 
                practicable, incorporate services that are provided 
                solely through non-Federal private or nonprofit 
                sources; and
                    (L) contain an assurance that the applicant will 
                maintain separate accounting records for the program 
                for which the grant is sought.
            (3) Priority.--In determining eligibility under this 
        section, the Attorney General shall give priority to applicants 
        that submit applications that demonstrate the greatest local 
        support for the programs they seek to support.
    (d) Payments; Federal Share; Non-Federal Share.--
            (1) Payments.--The Attorney General shall, subject to the 
        availability of appropriations, provide to each eligible 
        recipient the Federal share of the costs of developing and 
        carrying out programs described in this section.
            (2) Federal share.--The Federal share of the cost of a 
        program under this subtitle shall be not more than--
                    (A) 75 percent of the total cost of the program for 
                each of the first 2 years of the duration of a grant;
                    (B) 70 percent of the total cost of the program for 
                the third year of the duration of a grant; and
                    (C) 60 percent of the total cost of the program for 
                each year thereafter.
            (3) Non-federal share.--
                    (A) In general.--The non-Federal share of the cost 
                of a program under this subtitle may be in cash or in 
                kind, fairly evaluated, including plant, equipment, and 
                services. Federal funds made available for the activity 
of any agency of an Indian tribal government or the Bureau of Indian 
Affairs on any Indian lands may be used to provide the non-Federal 
share of the costs of programs or projects funded under this subtitle.
                    (B) Special rule.--Not less than 15 percent of the 
                non-Federal share of the costs of a program under this 
                subtitle shall be provided from private or nonprofit 
                sources.
    (e) Program Authority.--
            (1) In general.--
                    (A) Allocations for states and indian tribes.--
                            (i) In general.--In any fiscal year in 
                        which the total amount made available to carry 
                        out this subtitle is equal to or greater than 
                        $20,000,000, from the amount made available to 
                        carry out this subtitle, the Attorney General 
                        shall allocate not less than 0.75 percent for 
                        grants under subparagraph (B) to eligible 
                        recipients in each State.
                            (ii) Indian tribes.--The Attorney General 
                        shall allocate 0.75 percent of amounts made 
                        available under this subtitle for grants to 
                        Indian tribes.
                    (B) Grants to community-based organizations and 
                public schools from allocations.--For each fiscal year 
                described in subparagraph (A), the Attorney General may 
                award grants from the appropriate State or Indian tribe 
                allocation determined under subparagraph (A) on a 
                competitive basis to eligible recipients to pay for the 
                Federal share of assisting eligible communities to 
                develop and carry out programs in accordance with this 
                subtitle.
                    (C) Reallocation.--If, at the end of a fiscal year 
                described in subparagraph (A), the Attorney General 
                determines that amounts allocated for a particular 
                State or Indian tribe under subparagraph (B) remain 
                unobligated, the Attorney General shall use such 
                amounts to award grants to eligible recipients in 
                another State or Indian tribe to pay for the Federal 
                share of assisting eligible communities to develop and 
                carry out programs in accordance with this subtitle. In 
                awarding such grants, the Attorney General shall 
                consider the need to maintain geographic diversity 
                among eligible recipients.
                    (D) Availability of amounts.--Amounts made 
                available under this paragraph shall remain available 
                until expended.
            (2) Other fiscal years.--In any fiscal year in which the 
        amount made available to carry out this subtitle is equal to or 
        less than $20,000,000, the Attorney General may award grants on 
        a competitive basis to eligible recipients to pay for the 
        Federal share of assisting eligible communities to develop and 
        carry out programs in accordance with this subtitle.
            (3) Administrative costs.--The Attorney General may use not 
        more than 3 percent of the amounts made available to carry out 
        this subtitle in any fiscal year for administrative costs, 
        including training and technical assistance.

SEC. 4203. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subtitle 
from the Violent Crime Reduction Trust Fund--
            (1) for fiscal year 2001, $125,000,000; and
            (2) for fiscal year 2002, $125,000,000.

               Subtitle C--Missing and Exploited Children

SEC. 4301. AMENDMENTS TO THE MISSING CHILDREN'S ASSISTANCE ACT.

    Section 404 of the Missing Children's Assistance Act (42 U.S.C. 
5773) is amended--
            (1) in subsection (b)(2)(A), by inserting ``foreign 
        governments,'' after ``State and local governments''; and
            (2) in subsection (b)(2)(D)--
                    (A) by inserting ``foreign governments,'' after 
                ``State and local governments''; and
                    (B) by striking ``; and'' at the end and inserting 
                a period;
            (3) in subsection (b)(3), by striking ``(3) periodically'' 
        and inserting the following:
    ``(c) National Incidence Studies.--The Administrator, either by 
making grants to or entering into contracts with public agencies or 
nonprofit private agencies, shall--
            ``(1) periodically''; and
            (4) by redesignating paragraph (4) as paragraph (2) in 
        subsection (b).

 Subtitle D--Reauthorization of Incentive Grants for Local Delinquency 
                          Prevention Programs

SEC. 4401. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.

    Section 506 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5785) is amended to read as follows:

``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title 
such sums as may be necessary for each of fiscal years 1999, 2000, 
2001, 2002, and 2003.''.

SEC. 4402. RESEARCH, EVALUATION, AND TRAINING.

    Title V of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5781 et seq.) is amended by adding at the end the 
following:

``SEC. 507. RESEARCH, EVALUATION, AND TRAINING.

    ``Of the amounts made available by appropriations pursuant to 
section 506--
            ``(1) 2 percent shall be used by the Administrator for 
        providing training and technical assistance under this title; 
        and
            ``(2) 10 percent shall be used by the Administrator for 
        research, statistics, and evaluation activities carried out in 
        conjunction with the grant programs under this title.''.

   Subtitle E--Reauthorization of the Runaway and Homeless Youth Act

SEC. 4501. RUNAWAY AND HOMELESS YOUTH ACT.

    Section 372(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5714b(a)) is amended by striking ``unit of 
general local government'' and inserting ``unit of local government''.

SEC. 4502. AUTHORIZATION OF APPROPRIATIONS.

    (a) Technical Amendments.--
            (1) Error resulting from redesignation.--
                    (A) In general.--Section 3(i) of the Public Law 
                102-586 (106 Stat. 5026) is amended by striking 
                ``Section 366'' and inserting ``Section 385''.
                    (B) Effective date.--The amendment made by clause 
                (i) shall take effect as if included in the amendments 
                made by Public Law 102-586.
            (2) Error resulting from references to nonexistent 
        provisions of law.--
                    (A) In general.--Section 40155 of the Violent Crime 
                Control and Law Enforcement Act of 1994 (Public Law 
                103-322; 108 Stat. 1922) is amended by striking ``is 
                amended--'' and all that follows through ``after 
                section 315'' and inserting the following: ``is amended 
                by adding at the end''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect as if included in 
                the amendments made by the Violent Crime Control and 
                Law Enforcement Act of 1994 (Public Law 103-322; 108 
                Stat. 1796 et seq.).
    (b) Reauthorizations.--
            (1) In general.--Section 385 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5751) (as amended 
        by section 3(i) of the Public Law 102-586 (106 Stat. 5026) (as 
        amended by subsection (a)(1)(A) of this subsection)) is 
        amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``1993 
                        and such sums as may be necessary for fiscal 
                        years 1994, 1995, and 1996'' and inserting 
                        ``1999 and such sums as may be necessary for 
                        each of fiscal years 2000, 2001, 2002, and 
                        2003''; and
                            (ii) in paragraph (3), by striking 
                        subparagraphs (A) through (D) and inserting the 
                        following:
            ``(A) for fiscal year 1998, not less than $957,285;
            ``(B) for fiscal year 1999, not less than $1,005,150;
            ``(C) for fiscal year 2000, not less than $1,055,406;
            ``(D) for fiscal year 2001, not less than $1,108,177;
            ``(E) for fiscal year 2002, not less than $1,163,585; and
            ``(F) for fiscal year 2003, not less than $1,163,585.'';
                    (B) in subsection (b), by striking ``1993 and such 
                sums as may be necessary for fiscal years 1994, 1995, 
                and 1996'' and inserting ``1999 and such sums as may be 
                necessary for each of fiscal years 2000, 2001, 2002, 
                and 2003''; and
                    (C) in subsection (c), by striking ``1993, 1994, 
                1995, and 1996'' and inserting ``1999, 2000, 2001, 
                2002, and 2003''.
            (2) Additional reauthorization.--Section 316 of part A of 
        the Runaway and Homeless Youth Act (42 U.S.C. 5712d) (as added 
        by section 40155 of the Violent Crime Control and Law 
        Enforcement Act of 1994 (as amended by paragraph (1)(B) of this 
        subsection)) is--
                    (A) redesignated as section 315 of part A of the 
                Runaway and Homeless Youth Act; and
                    (B) amended by striking subsection (c) and 
                inserting the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 1999, 2000, 2001, 2002, and 2003.''.

         Subtitle F--Authorization of Anti-Drug Abuse Programs

SEC. 4601. DRUG EDUCATION AND PREVENTION RELATING TO YOUTH GANGS.

    Section 3505 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11805) 
is amended to read as follows:

``SEC. 3505. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this chapter 
such sums as may be necessary for each of fiscal years 1999, 2000, 
2001, 2002, and 2003.''.

SEC. 4602. DRUG EDUCATION AND PREVENTION PROGRAM FOR RUNAWAY AND 
              HOMELESS YOUTH.

    Section 3513 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11823) 
is amended to read as follows:

``SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this chapter 
such sums as may be necessary for each of fiscal years 1999, 2000, 
2001, 2002, and 2003.''.

                   Subtitle G--Jump Ahead Act of 1998

SEC. 4701. SHORT TITLE.

    This Act may be cited as the ``JUMP Ahead Act of 1998''.

SEC. 4702. FINDINGS.

    Congress finds that--
            (1) millions of young people in America live in areas in 
        which drug use and violent and property crimes are pervasive;
            (2) unfortunately, many of these same young people come 
        from single parent homes, or from environments in which there 
        is no responsible, caring adult supervision;
            (3) all children and adolescents need caring adults in 
        their lives, and mentoring is an effective way to fill this 
        special need for at-risk children. The special bond of 
        commitment fostered by the mutual respect inherent in effective 
        mentoring can be the tie that binds a young person to a better 
        future;
            (4) through a mentoring relationship, adult volunteers and 
        participating youth make a significant commitment of time and 
        energy to develop relationships devoted to personal, academic, 
        or career development and social, artistic, or athletic growth;
            (5) rigorous independent studies have confirmed that 
        effective mentoring programs can significantly reduce and 
        prevent the use of alcohol and drugs by young people, improve 
        school attendance and performance, improve peer and family and 
        peer relationships, and reduce violent behavior;
            (6) since the inception of the Federal JUMP program, dozens 
        of innovative, effective mentoring programs have received 
        funding grants;
            (7) unfortunately, despite the recent growth in public and 
        private mentoring initiatives, it is reported that between 
        5,000,000 and 15,000,000 additional children in the United 
        States could benefit from being matched with a mentor; and
            (8) although great strides have been made in reaching at-
        risk youth since the inception of the JUMP program, millions of 
        vulnerable American children are not being reached, and without 
        an increased commitment to connect these young people to 
        responsible adult role models, our country risks losing an 
        entire generation to drugs, crime, and unproductive lives.

SEC. 4703. JUVENILE MENTORING GRANTS.

    (a) In General.--Section 288B of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Administrator shall'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) are intended to achieve 1 or more of the following 
        goals:
                    ``(A) Discourage at-risk youth from--
                            ``(i) using illegal drugs and alcohol;
                            ``(ii) engaging in violence;
                            ``(iii) using guns and other dangerous 
                        weapons;
                            ``(iv) engaging in other criminal and 
                        antisocial behavior; and
                            ``(v) becoming involved in gangs.
                    ``(B) Promote personal and social responsibility 
                among at-risk youth.
                    ``(C) Increase at-risk youth's participation in, 
                and enhance the ability of those youth to benefit from, 
                elementary and secondary education.
                    ``(D) Encourage at-risk youth participation in 
                community service and community activities.
                    ``(E) Provide general guidance to at-risk youth.''; 
                and
            (3) by adding at the end the following:
    ``(b) Amount and Duration.--Each grant under this part shall be 
awarded in an amount not to exceed a total of $200,000 over a period of 
not more than 3 years.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 for each of fiscal years 1999, 2000, 2001, and 
2002 to carry out this part.''.

SEC. 4704. IMPLEMENTATION AND EVALUATION GRANTS.

    (a) In General.--The Administrator of the Office of Juvenile 
Justice and Delinquency Prevention of the Department of Justice may 
make grants to national organizations or agencies serving youth, in 
order to enable those organizations or agencies--
            (1) to conduct a multisite demonstration project, involving 
        between 5 and 10 project sites, that--
                    (A) provides an opportunity to compare various 
                mentoring models for the purpose of evaluating the 
                effectiveness and efficiency of those models;
                    (B) allows for innovative programs designed under 
                the oversight of a national organization or agency 
                serving youth, which programs may include--
                            (i) technical assistance;
                            (ii) training; and
                            (iii) research and evaluation; and
                    (C) disseminates the results of such demonstration 
                project to allow for the determination of the best 
                practices for various mentoring programs;
            (2) to develop and evaluate screening standards for 
        mentoring programs; and
            (3) to develop and evaluate volunteer recruitment 
        techniques and activities for mentoring programs.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 for each of the fiscal years 1999, 2000, 2001, 
and 2002 to carry out this section.

SEC. 4705. EVALUATIONS; REPORTS.

    (a) Evaluations.--
            (1) In general.--The Attorney General shall enter into a 
        contract with an evaluating organization that has demonstrated 
        experience in conducting evaluations, for the conduct of an 
        ongoing rigorous evaluation of the programs and activities 
        assisted under this Act or under section 228B of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5667e-2) (as amended by this Act).
            (2) Criteria.--The Attorney General shall establish a 
        minimum criteria for evaluating the programs and activities 
        assisted under this Act or under section 228B of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
        5667e-2) (as amended by this Act), which shall provide for a 
        description of the implementation of the program or activity, 
        and the effect of the program or activity on participants, 
        schools, communities, and youth served by the program or 
        activity.
            (3) Mentoring program of the year.--The Attorney General 
        shall, on an annual basis, based on the most recent evaluation 
        under this subsection and such other criteria as the Attorney 
        General shall establish by regulation--
                    (A) designate 1 program or activity assisted under 
                this Act as the ``Juvenile Mentoring Program of the 
                Year''; and
                    (B) publish notice of such designation in the 
                Federal Register.
    (b) Reports.--
            (1) Grant recipients.--Each entity receiving a grant under 
        this Act or under section 228B of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as 
        amended by this Act) shall submit to the evaluating 
        organization entering into the contract under subsection 
        (a)(1), an annual report regarding any program or activity 
        assisted under this Act or under section 228B of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
        5667e-2) (as amended by this Act). Each report under this 
        paragraph shall be submitted at such time, in such a manner, 
        and shall be accompanied by such information, as the evaluating 
        organization may reasonably require.
            (2) Comptroller general.--Not later than 4 years after the 
        date of enactment of this Act, the Attorney General shall 
        submit to Congress a report evaluating the effectiveness of 
        grants awarded under this Act and under section 228B of the 
        Juvenile Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5667e-2) (as amended by this Act), in--
                    (A) reducing juvenile delinquency and gang 
                participation;
                    (B) reducing the school dropout rate; and
                    (C) improving academic performance of juveniles.

                     Subtitle H--Truancy Prevention

SEC. 4801. SHORT TITLE.

    This subtitle may be cited as the ``Truancy Prevention and Juvenile 
Crime Reduction Act of 1998''.

SEC. 4802. FINDINGS.

    Congress makes the following findings:
            (1) Truancy is the first sign of trouble--the first 
        indicator that a young person is giving up and losing his or 
        her way.
            (2) Many students who become truant eventually drop out of 
        school, and high school drop outs are two and a half times more 
        likely to be on welfare than high school graduates, twice as 
        likely to be unemployed, or if employed, earn lower salaries.
            (3) Truancy is the top-ranking characteristic of 
        criminals--more common than such factors as coming from single-
        parent families and being abused as children.
            (4) High rates of truancy are linked to high daytime 
        burglary rates and high vandalism.
            (5) As much as 44 percent of violent juvenile crime takes 
        place during school hours.
            (6) As many as 75 percent of children ages 13 to 16 who are 
        arrested and prosecuted for crimes are truants.
            (7) Some cities report as many as 70 percent of daily 
        student absences are unexcused, and the total number of 
        absences in a single city can reach 4,000 per day.
            (8) Society pays a significant social and economic cost due 
        to truancy: only 34 percent of inmates have completed high 
        school education; 17 percent of youth under age 18 entering 
        adult prisons have not completed grade school (8th grade or 
        less), 25 percent completed 10th grade, and 2 percent completed 
        high school.
            (9) Truants and later high school drop outs cost the Nation 
        $240,000,000,000 in lost earnings and foregone taxes over their 
        lifetimes, and the cost of crime control is staggering.
            (10) In many instances, parents are unaware a child is 
        truant.
            (11) Effective truancy prevention, early intervention, and 
        accountability programs can improve school attendance and 
        reduce daytime crime rates.
            (12) There is a lack of targeted funding for effective 
        truancy prevention programs in current law.

SEC. 4803. GRANTS.

    (a) Definitions.--In this section:
            (1) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership between 1 or more qualified 
        units of local government and 1 or more local educational 
        agencies.
            (2) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (3) Qualified unit of local government.--The term 
        ``qualified unit of local government'' means a unit of local 
        government that has in effect, as of the date on which the 
        eligible partnership submits an application for a grant under 
        this section, a statute or regulation that meets the 
        requirements of section 223(a)(14) of the Juvenile Justice and 
        Delinquency and Prevention Act of 1974 (42 U.S.C. 5633(a)(14)).
            (4) Unit of local government.--The term ``unit of local 
        government'' means any city, county, township, town, borough, 
        parish, village, or other general purpose political subdivision 
        of a State, or any Indian tribe.
    (b) Grant Authority.--The Attorney General, in consultation with 
the Secretary of Education, shall make grants in accordance with this 
section on a competitive basis to eligible partnerships to reduce 
truancy and the incidence of daytime juvenile crime.
    (c) Maximum Amount; Allocation; Renewal.--
            (1) Maximum amount.--The total amount awarded to an 
        eligible partnership under this section in any fiscal year 
        shall not exceed $100,000.
            (2) Allocation.--Not less than 25 percent of each grant 
        awarded to an eligible partnership under this section shall be 
        allocated for use by the local educational agency or agencies 
        participating in the partnership.
            (3) Renewal.--A grant awarded under this section for a 
        fiscal year may be renewed for an additional period of not more 
        than 2 fiscal years.
    (d) Use of Funds.--
            (1) In general.--Grant amounts made available under this 
        section may be used by an eligible partnership to 
comprehensively address truancy through the use of--
                    (A) parental involvement in prevention activities, 
                including meaningful incentives for parental 
                responsibility;
                    (B) sanctions, including community service, or 
                drivers' license suspension for students who are 
                habitually truant;
                    (C) parental accountability, including fines, 
                teacher-aid duty, or community service;
                    (D) in-school truancy prevention programs, 
                including alternative education and in-school 
                suspension;
                    (E) involvement of the local law enforcement, 
                social services, judicial, business, and religious 
                communities, and nonprofit organizations;
                    (F) technology, including automated telephone 
                notice to parents and computerized attendance system; 
                or
                    (G) elimination of 40-day count and other 
                unintended incentives to allow students to be truant 
                after a certain time of school year.
            (2) Model programs.--In carrying out this section, the 
        Attorney General may give priority to funding programs that 
        attempt to replicate 1 or more of the following model programs:
                    (A) The Truancy Intervention Project of the Fulton 
                County, Georgia, Juvenile Court.
                    (B) The TABS (Truancy Abatement and Burglary 
                Suppression) program of Milwaukee, Wisconsin.
                    (C) The Roswell Daytime Curfew Program of Roswell, 
                New Mexico.
                    (D) The Stop, Cite and Return Program of Rohnert 
                Park, California.
                    (E) The Stay in School Program of New Haven, 
                Connecticut.
                    (F) The Atlantic County Project Helping Hand of 
                Atlantic County, New Jersey.
                    (G) The THRIVE (Truancy Habits Reduced Increasing 
                Valuable Education) initiative of Oklahoma City, 
                Oklahoma.
                    (H) The Norfolk, Virginia project using computer 
                software and data collection.
                    (I) The Community Service Early Intervention 
                Program of Marion, Ohio.
                    (J) The Truancy Reduction Program of Bakersfield, 
                California.
                    (K) The Grade Court program of Farmington, New 
                Mexico.
                    (L) Any other model program that the Attorney 
                General determines to be appropriate.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $25,000,000 for each of fiscal 
years 1999, 2000, and 2001.

   Subtitle I--Juvenile Crime Control and Delinquency Prevention Act

SEC. 4901. SHORT TITLE.

    This subtitle may be cited as the ``Juvenile Crime Control and 
Delinquency Prevention Act of 1998''.

SEC. 4902. FINDINGS.

    Section 101 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5601) is amended to read as follows:

                               ``findings

    ``Sec. 101. (a) Congress finds that the juvenile crime problem 
should be addressed through a 2-track common sense approach that 
addresses the needs of individual juveniles and society at large by 
promoting--
            ``(1) quality prevention programs that--
                    ``(A) work with juveniles, their families, local 
                public agencies, and community-based organizations, and 
                take into consideration such factors as whether or not 
                juveniles have been the victims of family violence 
                (including child abuse and neglect); and
                    ``(B) are designed to reduce risks and develop 
                competencies in at-risk juveniles that will prevent, 
                and reduce the rate of, violent delinquent behavior; 
                and
            ``(2) programs that assist in holding juveniles accountable 
        for their actions, including a system of graduated sanctions to 
        respond to each delinquent act, requiring juveniles to make 
        restitution, or perform community service, for the damage 
        caused by their delinquent acts, and methods for increasing 
        victim satisfaction with respect to the penalties imposed on 
        juveniles for their acts.
    ``(b) Congress must act now to reform this program by focusing on 
juvenile delinquency prevention programs, as well as programs that hold 
juveniles accountable for their acts.''.

SEC. 4903. PURPOSE.

    Section 102 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5602) is amended to read as follows:

                               ``purposes

    ``Sec. 102. The purposes of this title are--
            ``(1) to support State and local programs that prevent 
        juvenile involvement in delinquent behavior;
            ``(2) to assist State and local governments in promoting 
        public safety by encouraging accountability for acts of 
        juvenile delinquency; and
            ``(3) to assist State and local governments in addressing 
        juvenile crime through the provision of technical assistance, 
        research, training, evaluation, and the dissemination of 
        information on effective programs for combating juvenile 
        delinquency.''.

SEC. 4904. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (3), by striking ``to help prevent 
        juvenile delinquency'' and inserting ``designed to reduce known 
        risk factors for juvenile delinquent behavior, provide 
        activities that build on protective factors for, and develop 
        competencies in, juveniles to prevent, and reduce the rate of, 
        delinquent juvenile behavior'',
            (2) in paragraph (4), by inserting ``title I of'' before 
        ``the Omnibus'' each place it appears,
            (3) in paragraph (7), by striking ``the Trust Territory of 
        the Pacific Islands,'',
            (4) in paragraph (9), by striking ``justice'' and inserting 
        ``crime control'',
            (5) in paragraph (12)(B), by striking ``, of any 
        nonoffender,'',
            (6) in paragraph (13)(B), by striking ``, any 
        nonoffender,'',
            (7) in paragraph (14), by inserting ``drug trafficking,'' 
        after ``assault,'',
            (8) in paragraph (16)--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end, and
                    (B) by striking subparagraph (C),
            (9) by striking paragraph (17),
            (10) in paragraph (22)--
                    (A) by redesignating subparagraphs (i), (ii), and 
                (iii) as subparagraphs (A), (B), and (C), respectively, 
                and
                    (B) by striking ``and'' at the end,
            (11) in paragraph (23), by striking the period at the end 
        and inserting a semicolon,
            (12) by redesignating paragraphs (18), (19), (20), (21), 
        (22), and (23) as paragraphs (17) through (22), respectively, 
        and
            (13) by adding at the end the following:
            ``(23) the term `boot camp' means a residential facility 
        (excluding a private residence) at which there are provided--
                    ``(A) a highly regimented schedule of discipline, 
                physical training, work, drill, and ceremony 
                characteristic of military basic training.
                    ``(B) regular, remedial, special, and vocational 
                education; and
                    ``(C) counseling and treatment for substance abuse 
                and other health and mental health problems;
            ``(24) the term `graduated sanctions' means an 
        accountability-based, graduated series of sanctions (including 
        incentives and services) applicable to juveniles within the 
        juvenile justice system to hold such juveniles accountable for 
        their actions and to protect communities from the effects of 
        juvenile delinquency by providing appropriate sanctions for 
        every act for which a juvenile is adjudicated delinquent, by 
        inducing their law-abiding behavior, and by preventing their 
        subsequent involvement with the juvenile justice system;
            ``(25) the term `violent crime' means--
                    ``(A) murder or nonnegligent manslaughter, forcible 
                rape, or robbery, or
                    ``(B) aggravated assault committed with the use of 
                a firearm;
            ``(26) the term `co-located facilities' means facilities 
        that are located in the same building, or are part of a related 
        complex of buildings located on the same grounds; and
            ``(27) the term `related complex of buildings' means 2 or 
        more buildings that share--
                    ``(A) physical features, such as walls and fences, 
                or services beyond mechanical services (heating, air 
                conditioning, water and sewer); or
                    ``(B) the specialized services that are allowable 
                under section 31.303(e)(3)(i)(C)(3) of title 28 of the 
                Code of Federal Regulations, as in effect on December 
                10, 1996.''.

SEC. 4905. NAME OF OFFICE.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by amending the heading of part A to read as follows:

      ``Part A--Office of Juvenile Crime Control and Delinquency 
                             Prevention'',

            (2) in section 201(a), by striking ``Justice and 
        Delinquency Prevention'' and inserting ``Crime Control and 
        Delinquency Prevention'', and
            (3) in section 299A(c)(2) by striking ``Justice and 
        Delinquency Prevention'' and inserting ``Crime Control and 
        Delinquency Prevention''.

SEC. 4906. CONCENTRATION OF FEDERAL EFFORT.

    Section 204 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5614) is amended--
            (1) in subsection (a)(1), by striking the last sentence,
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``and of the 
                prospective'' and all that follows through 
                ``administered'',
                    (B) by striking paragraph (5), and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (5) and (6), respectively,
            (3) in subsection (c), by striking ``and reports'' and all 
        that follows through ``this part'', and inserting ``as may be 
        appropriate to prevent the duplication of efforts, and to 
        coordinate activities, related to the prevention of juvenile 
        delinquency'',
            (4) by striking subsection (i), and
            (5) by redesignating subsection (h) as subsection (f).

SEC. 4907. ALLOCATION.

    Section 222 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5632) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``amount, up to 
                                $400,000,'' and inserting ``amount up 
                                to $400,000'',
                                    (II) by inserting a comma after 
                                ``1992'' the 1st place it appears,
                                    (III) by striking ``the Trust 
                                Territory of the Pacific Islands,'', 
                                and
                                    (IV) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'',
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(other than part 
                                D)'',
                                    (II) by striking ``or such greater 
                                amount, up to $600,000'' and all that 
                                follows through ``section 299(a) (1) 
                                and (3)'',
                                    (III) by striking ``the Trust 
                                Territory of the Pacific Islands,'',
                                    (IV) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'', and
                                    (V) by inserting a comma after 
                                ``1992'',
                    (B) in paragraph (3) by striking ``allot'' and 
                inserting ``allocate'', and
            (2) in subsection (b) by striking ``the Trust Territory of 
        the Pacific Islands,''.

SEC. 4908. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)--
                    (A) in the 2nd sentence by striking ``challenge'' 
                and all that follows through ``part E'', and inserting 
                ``, projects, and activities'';
                    (B) in paragraph (3)--
                            (i) by striking ``, which--'' and inserting 
                        ``that--'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``not less'' and 
                                all that follows through ``33'', and 
                                inserting ``the attorney general of the 
                                State or such other State official who 
                                has primary responsibility for 
                                overseeing the enforcement of State 
                                criminal laws, and'';
                                    (II) by inserting ``, in 
                                consultation with the attorney general 
                                of the State or such other State 
                                official who has primary responsibility 
                                for overseeing the enforcement of State 
                                criminal laws'' after ``State'';
                                    (III) in clause (i), by striking 
                                ``or the administration of juvenile 
                                justice'' and inserting ``, the 
                                administration of juvenile justice, or 
                                the reduction of juvenile 
                                delinquency'';
                                    (IV) in clause (ii), by striking 
                                ``include--'' and all that follows 
                                through the semicolon at the end of 
                                subclause (VIII), and inserting the 
                                following:
                        ``represent a multidisciplinary approach to 
                        addressing juvenile delinquency and may 
                        include--
                                    ``(I) individuals who represent 
                                units of general local government, law 
                                enforcement and juvenile justice 
                                agencies, public agencies concerned 
                                with the prevention and treatment of 
                                juvenile delinquency and with the 
                                adjudication of juveniles, 
                                representatives of juveniles, or 
                                nonprofit private organizations, 
                                particularly such organizations that 
                                serve juveniles; and
                                    ``(II) such other individuals as 
                                the chief executive officer considers 
                                to be appropriate; and''; and
                                    (V) by striking clauses (iv) and 
                                (v);
                            (iii) in subparagraph (C), by striking 
                        ``justice'' and inserting ``crime control'';
                            (iv) in subparagraph (D)--
                                    (I) in clause (i), by inserting 
                                ``and'' at the end; and
                                    (II) in clause (ii), by striking 
                                ``paragraphs'' and all that follows 
                                through ``part E'', and inserting 
                                ``paragraphs (11), (12), and (13)''; 
                                and
                            (v) in subparagraph (E), by striking 
                        ``title--'' and all that follows through 
                        ``(ii)'' and inserting ``title,'';
                    (C) in paragraph (5)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``, other than'' and inserting 
                        ``reduced by the percentage (if any) specified 
                        by the State under the authority of paragraph 
                        (25) and excluding'' after ``section 222''; and
                            (ii) in subparagraph (C), by striking 
                        ``paragraphs (12)(A), (13), and (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)'';
                    (D) by striking paragraph (6);
                    (E) in paragraph (7), by inserting ``, including in 
                rural areas'' before the semicolon at the end;
                    (F) in paragraph (8)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``for (i)'' and all 
                                that follows through ``relevant 
                                jurisdiction'', and inserting ``for an 
                                analysis of juvenile delinquency 
                                problems in, and the juvenile 
                                delinquency control and delinquency 
                                prevention needs (including educational 
                                needs) of, the State'';
                                    (II) by striking ``justice'' the 
                                second place it appears and inserting 
                                ``crime control''; and
                                    (III) by striking ``of the 
                                jurisdiction; (ii)'' and all that 
                                follows through the semicolon at the 
                                end, and inserting ``of the State; 
                                and'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) contain--
                            ``(i) a plan for providing needed gender-
                        specific services for the prevention and 
                        treatment of juvenile delinquency;
                            ``(ii) a plan for providing needed services 
                        for the prevention and treatment of juvenile 
                        delinquency in rural areas; and
                            ``(iii) a plan for providing needed mental 
                        health services to juveniles in the juvenile 
                        justice system;''; and
                            (iii) by striking subparagraphs (C) and 
                        (D);
                    (G) by striking paragraph (9) and inserting the 
                following:
            ``(9) provide for the coordination and maximum utilization 
        of existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;'';
                    (H) in paragraph (10)--
                            (i) in subparagraph (A), by striking ``, 
                        specifically'' and inserting ``including''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions, including the use of 
                graduated sanctions and of neighborhood courts or 
                panels that increase victim satisfaction and require 
                juveniles to make restitution for the damage caused by 
                their delinquent behavior;'';
                            (iii) in subparagraph (C), by striking 
                        ``juvenile justice'' and inserting ``juvenile 
                        crime control'';
                            (iv) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to their families, in order to reduce the 
                likelihood that such juvenile offenders will commit 
                subsequent violations of law;'';
                            (v) in subparagraph (E)--
                                    (I) by redesignating clause (ii) as 
                                clause (iii); and
                                    (II) by striking ``juveniles, 
                                provided'' and all that follows through 
                                ``provides; and'', and inserting the 
                                following:
                ``juveniles--
                            ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                            ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and'';
                            (vi) by striking subparagraph (F) and 
                        inserting the following:
                    ``(F) expanding the use of probation officers--
                            ``(i) particularly for the purpose of 
                        permitting nonviolent juvenile offenders 
                        (including status offenders) to remain at home 
                        with their families as an alternative to 
                        incarceration or institutionalization; and
                            ``(ii) to ensure that juveniles follow the 
                        terms of their probation;'';
                            (vii) by striking subparagraph (G) and 
                        inserting the following:
                    ``(G) one-on-one mentoring programs that are 
                designed to link at-risk juveniles and juvenile 
                offenders, particularly juveniles residing in high-
                crime areas and juveniles experiencing educational 
                failure, with responsible adults (such as law 
                enforcement officers, adults working with local 
                businesses, and adults working with community-based 
                organizations and agencies) who are properly screened 
                and trained;'';
                            (viii) in subparagraph (H) by striking 
                        ``handicapped youth'' and inserting ``juveniles 
                        with disabilities'';
                            (ix) by striking subparagraph (K) and 
                        inserting the following:
                    ``(K) boot camps for juvenile offenders;'';
                            (x) by striking subparagraph (L) and 
                        inserting the following:
                    ``(L) community-based programs and services to work 
                with juveniles, their parents, and other family members 
                during and after incarceration in order to strengthen 
                families so that such juveniles may be retained in 
                their homes;'';
                            (xi) by striking subparagraph (M) and 
                        inserting the following:
                    ``(M) other activities (such as court-appointed 
                advocates) that the State determines will hold 
                juveniles accountable for their acts and decrease 
                juvenile involvement in delinquent activities;'';
                            (xii) in subparagraph (O)--
                                    (I) in striking ``cultural'' and 
                                inserting ``other''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (xiii) by adding at the end the following:
                    ``(P) programs that utilize multidisciplinary 
                interagency case management and information sharing, 
                that enable the juvenile justice and law enforcement 
                agencies, schools, and social service agencies to make 
                more informed decisions regarding early identification, 
                control, supervision, and treatment of juveniles who 
                repeatedly commit violent or serious delinquent acts; 
                and
                    ``(Q) programs designed to prevent and reduce hate 
                crimes committed by juveniles.'';
                    (I) by striking paragraph (12) and inserting the 
                following:
            ``(12) shall, in accordance with rules issued by the 
        Administrator, provide that--
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding--
                            ``(i) juveniles who are charged with or who 
                        have committed a violation of section 922(x)(2) 
                        of title 18, United States Code, or of a 
                        similar State law;
                            ``(ii) juveniles who are charged with or 
                        who have committed a violation of a valid court 
                        order; and
                            ``(iii) juveniles who are held in 
                        accordance with the Interstate Compact on 
                        Juveniles, as enacted by the State;
                shall not be placed in secure detention facilities or 
                secure correctional facilities; and
                    ``(B) juveniles--
                            ``(i) who are not charged with any offense; 
                        and
                            ``(ii) who are--
                                    ``(I) aliens; or
                                    ``(II) alleged to be dependent, 
                                neglected, or abused;
                shall not be placed in secure detention facilities or 
                secure correctional facilities;'';
                    (J) by striking paragraph (13) and inserting the 
                following:
            ``(13) provide that--
                    ``(A) juveniles alleged to be or found to be 
                delinquent, and juveniles within the purview of 
                paragraph (11), will not be detained or confined in any 
                institution in which they have prohibited physical 
                contact or sustained oral communication (as defined in 
                subparagraphs (D) and (E)) with adults incarcerated 
                because such adults have been convicted of a crime or 
                are awaiting trial on criminal charges;
                    ``(B) to the extent practicable, violent juveniles 
                shall be kept separate from nonviolent juveniles;
                    ``(C) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adults in co-located facilities have been 
                trained and certified to work with juveniles; and
                    ``(D) the term `prohibited physical contact'--
                            ``(i) means--
                                    ``(I) any physical contact between 
                                a juvenile and an adult inmate; and
                                    ``(II) proximity that provides an 
                                opportunity for physical contact 
                                between a juvenile and an adult inmate; 
                                and
                            ``(ii) does not include supervised 
                        proximity between a juvenile and an adult 
                        inmate that is brief and incidental or 
                        accidental.
                    ``(E) Sustained oral communication.--
                            ``(i) In general.--The term `sustained oral 
                        communication' means the imparting or 
                        interchange of speech by or between an adult 
                        inmate and a juvenile.
                            ``(ii) Exception.--The term does not 
                        include--
                                    ``(I) communication that is 
                                accidental or incidental; or
                                    ``(II) sounds or noises that cannot 
                                reasonably be considered to be 
                                speech.'';
                    (K) by striking paragraph (14) and inserting the 
                following:
            ``(14) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                    ``(A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or lockup 
                for a period not to exceed 6 hours--
                            ``(i) for processing or release;
                            ``(ii) while awaiting transfer to a 
                        juvenile facility; or
                            ``(iii) in which period such juveniles make 
                        a court appearance;
                    ``(B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court appearance 
                that will occur within 48 hours after being taken into 
                custody (excluding Saturdays, Sundays, and legal 
                holidays), and who are detained or confined in a jail 
                or lockup--
                            ``(i) in which--
                                    ``(I) such juveniles do not have 
                                prohibited physical contact or 
                                sustained oral communication, as 
                                defined in subparagraphs (D) and (E), 
                                with adults incarcerated because such 
                                adults have been convicted of a crime 
                                or are awaiting trial on criminal 
                                charges;
                                    ``(II) to the extent practicable, 
                                violent juveniles shall be kept 
                                separate from nonviolent juveniles; and
                                    ``(III) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adults in co-located 
                                facilities have been trained and 
                                certified to work with juveniles; and
                            ``(ii) that--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Director of the Office 
of Management and Budget);
                                    ``(II) has no existing acceptable 
                                alternative placement available;
                                    ``(III) is located where conditions 
                                of distance to be traveled or the lack 
                                of highway, road, or transportation do 
                                not allow for court appearances within 
                                48 hours after being taken into custody 
                                (excluding Saturdays, Sundays, and 
                                legal holidays) so that a brief (not to 
                                exceed an additional 48 hours) delay is 
                                excusable; or
                                    ``(IV) is located where conditions 
                                of safety exist (such as severe 
                                adverse, life-threatening weather 
                                conditions that do not allow for 
                                reasonably safe travel), in which case 
                                the time for an appearance may be 
                                delayed until 24 hours after the time 
                                that such conditions allow for 
                                reasonable safe travel;'';
                    (L) in paragraph (15)--
                            (i) by striking ``paragraph (12)(A), 
                        paragraph (13), and paragraph (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)''; 
                        and
                            (ii) by striking ``paragraph (12)(A) and 
                        paragraph (13)'' and inserting ``paragraphs 
                        (11) and (12)'';
                    (M) in paragraph (16) by striking ``mentally, 
                emotionally, or physically handicapping conditions'' 
                and inserting ``disability'';
                    (N) by striking paragraph (19) and inserting the 
                following:
            ``(19) provide assurances that--
                    ``(A) any assistance provided under this Act will 
                not cause the displacement (including a partial 
                displacement, such as a reduction in the hours of 
                nonovertime work, wages, or employment benefits) of any 
                currently employed employee;
                    ``(B) activities assisted under this Act will not 
                impair an existing collective bargaining relationship, 
                contract for services, or collective bargaining 
                agreement; and
                    ``(C) no such activity that would be inconsistent 
                with the terms of a collective bargaining agreement 
                shall be undertaken without the written concurrence of 
                the labor organization involved;'';
                    (O) by striking paragraph (23) and inserting the 
                following:
            ``(23) address juvenile delinquency prevention efforts and 
        system improvement efforts designed to reduce, without 
        establishing or requiring numerical standards or quotas, the 
        disproportionate number of juvenile members of minority groups, 
        who come into contact with the juvenile justice system;'';
                    (P) by striking paragraph (24) and inserting the 
                following:
            ``(24) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                    ``(A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in custody 
                for violating such order;
                    ``(B) not later than 24 hours after the juvenile is 
                taken into custody and during which the juvenile is so 
                held, an authorized representative of such agency shall 
                interview, in person, such juvenile; and
                    ``(C) not later than 48 hours after the juvenile is 
                taken into custody and during which the juvenile is so 
                held--
                            ``(i) such representative shall submit an 
                        assessment to the court that issued such order, 
                        regarding the immediate needs of such juvenile; 
                        and
                            ``(ii) such court shall conduct a hearing 
                        to determine--
                                    ``(I) whether there is reasonable 
                                cause to believe that such juvenile 
                                violated such order; and
                                    ``(II) the appropriate placement of 
                                such juvenile pending disposition of 
                                the violation alleged;'';
                    (Q) in paragraph (25) by striking the period at the 
                end and inserting a semicolon;
                    (R) by redesignating paragraphs (7) through (25) as 
                paragraphs (6) through (24), respectively; and
                    (S) by adding at the end the following:
            ``(25) specify a percentage (if any), not to exceed 5 
        percent, of funds received by the State under section 222 
        (other than funds made available to the state advisory group 
        under section 222(d)) that the State will reserve for 
expenditure by the State to provide incentive grants to units of 
general local government that reduce the caseload of probation officers 
within such units.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) If a State fails to comply with any applicable requirement of 
paragraph (11), (12), (13), or (22) of subsection (a) in any fiscal 
year beginning after September 30, 1998, then the amount allocated to 
such State for the subsequent fiscal year shall be reduced by not to 
exceed 12.5 percent for each such paragraph with respect to which the 
failure occurs, unless the Administrator determines that the State--
            ``(1) has achieved substantial compliance with such 
        applicable requirements with respect to which the State was not 
        in compliance; and
            ``(2) has made, through appropriate executive or 
        legislative action, an unequivocal commitment to achieving full 
        compliance with such applicable requirements within a 
        reasonable time.'', and
            (3) in subsection (d)--
                    (A) by striking ``allotment'' and inserting 
                ``allocation'', and
                    (B) by striking ``subsection (a) (12)(A), (13), 
                (14) and (23)'' each place it appears and inserting 
                ``paragraphs (11), (12), (13), and (22) of subsection 
                (a)''.

SEC. 4909. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by striking parts C, D, E, F, G, and H,
            (2) by striking the 1st part I,
            (3) by redesignating the 2nd part I as part F, and
            (4) by inserting after part B the following:

     ``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

``SEC. 241. AUTHORITY TO MAKE GRANTS.

    ``The Administrator may make grants to eligible States, from funds 
allocated under section 242, for the purpose of providing financial 
assistance to eligible entities to carry out projects designed to 
prevent juvenile delinquency, including--
            ``(1) projects that assist in holding juveniles accountable 
        for their actions, including the use of neighborhood courts or 
        panels that increase victim satisfaction and require juveniles 
        to make restitution, or perform community service, for the 
        damage caused by their delinquent acts;
            ``(2) projects that provide treatment to juvenile offenders 
        who are victims of child abuse or neglect, and to their 
        families, in order to reduce the likelihood that such juvenile 
        offenders will commit subsequent violations of law;
            ``(3) educational projects or supportive services for 
        delinquent or other juveniles--
                    ``(A) to encourage juveniles to remain in 
                elementary and secondary schools or in alternative 
                learning situations in educational settings;
                    ``(B) to provide services to assist juveniles in 
                making the transition to the world of work and self-
                sufficiency;
                    ``(C) to assist in identifying learning 
                difficulties (including learning disabilities);
                    ``(D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                    ``(E) to encourage new approaches and techniques 
                with respect to the prevention of school violence and 
                vandalism;
                    ``(F) which assist law enforcement personnel and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning-disabled and other 
                disabled juveniles; or
                    ``(G) which develop locally coordinated policies 
                and programs among education, juvenile justice, and 
                social service agencies;
            ``(4) projects which expand the use of probation officers--
                    ``(A) particularly for the purpose of permitting 
                nonviolent juvenile offenders (including status 
                offenders) to remain at home with their families as an 
                alternative to incarceration or institutionalization; 
                and
                    ``(B) to ensure that juveniles follow the terms of 
                their probation;
            ``(5) one-on-one mentoring projects that are designed to 
        link at-risk juveniles and juvenile offenders who did not 
        commit serious crime, particularly juveniles residing in high-
        crime areas and juveniles experiencing educational failure, 
        with responsible adults (such as law enforcement officers, 
        adults working with local businesses, and adults working for 
        community-based organizations and agencies) who are properly 
        screened and trained;
            ``(6) community-based projects and services (including 
        literacy and social service programs) which work with juvenile 
        offenders, including those from families with limited English-
        speaking proficiency, their parents, their siblings, and other 
        family members during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow juvenile 
        offenders to be retained in their homes, and to prevent the 
        involvement of other juvenile family members in delinquent 
        activities;
            ``(7) projects designed to provide for the treatment of 
        juveniles for dependence on or abuse of alcohol, drugs, or 
        other harmful substances;
            ``(8) projects which leverage funds to provide scholarships 
        for postsecondary education and training for low-income 
        juveniles who reside in neighborhoods with high rates of 
        poverty, violence, and drug-related crimes;
            ``(9) projects which provide for an initial intake 
        screening of each juvenile taken into custody--
                    ``(A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                    ``(B) to provide appropriate interventions to 
                prevent such juvenile from committing subsequent 
                offenses;
            ``(10) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the rate of, 
        the participation of juveniles in gangs that commit crimes 
        (particularly violent crimes), that unlawfully use firearms and 
        other weapons, or that unlawfully traffic in drugs and that 
        involve, to the extent practicable, families and other 
        community members (including law enforcement personnel and 
        members of the business community) in the activities conducted 
        under such projects;
            ``(11) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter, including schools, courts, law enforcement agencies, 
        child protection agencies, mental health agencies, welfare 
        services, health care agencies, and private nonprofit agencies 
        offering services to juveniles;
            ``(12) to develop, implement, and support, in conjunction 
        with public and private agencies, organizations, and 
        businesses, projects for the employment of juveniles and 
        referral to job training programs (including referral to 
        Federal job training programs);
            ``(13) delinquency prevention activities which involve 
        youth clubs, sports, recreation and parks, peer counseling and 
        teaching, the arts, leadership development, community service, 
        volunteer service, before- and after-school programs, violence 
        prevention activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
            ``(14) family strengthening activities, such as mutual 
        support groups for parents and their children;
            ``(15) programs that encourage social competencies, 
        problem-solving skills, and communication skills, youth 
        leadership, and civic involvement;
            ``(16) programs that focus on the needs of young girls at-
        risk of delinquency or status offenses; and
            ``(17) other activities that are likely to prevent juvenile 
        delinquency.

``SEC. 242. ALLOCATION.

    ``Funds appropriated to carry out this part shall be allocated 
among eligible States as follows:
            ``(1) 0.75 percent shall be allocated to each State.
            ``(2) Of the total amount remaining after the allocation 
        under paragraph (1), there shall be allocated to each State as 
        follows:
                    ``(A) 50 percent of such amount shall be allocated 
                proportionately based on the population that is less 
                than 18 years of age in the eligible States.
                    ``(B) 50 percent of such amount shall be allocated 
                proportionately based on the annual average number of 
                arrests for serious crimes committed in the eligible 
                States by juveniles during the then most recently 
                completed period of 3 consecutive calendar years for 
                which sufficient information is available to the 
                Administrator.

``SEC. 243. ELIGIBILITY OF STATES.

    ``(a) Application.--To be eligible to receive a grant under section 
241, a State shall submit to the Administrator an application that 
contains the following:
            ``(1) An assurance that the State will use--
                    ``(A) not more than 5 percent of such grant, in the 
                aggregate, for--
                            ``(i) the costs incurred by the State to 
                        carry out this part; and
                            ``(ii) to evaluate, and provide technical 
                        assistance relating to, projects and activities 
                        carried out with funds provided under this 
                        part; and
                    ``(B) the remainder of such grant to make grants 
                under section 244.
            ``(2) An assurance that, and a detailed description of how, 
        such grant will support, and not supplant State and local 
        efforts to prevent juvenile delinquency.
            ``(3) An assurance that such application was prepared after 
        consultation with and participation by community-based 
        organizations, and organizations in the local juvenile justice 
        system, that carry out programs, projects, or activities to 
        prevent juvenile delinquency.
            ``(4) An assurance that each eligible entity described in 
        section 244(a) that receives an initial grant under section 244 
        to carry out a project or activity shall also receive an 
        assurance from the State that such entity will receive from the 
        State, for the subsequent fiscal year to carry out such project 
        or activity, a grant under such section in an amount that is 
        proportional, based on such initial grant and on the amount of 
        the grant received under section 241 by the State for such 
        subsequent fiscal year, but that does not exceed the amount 
        specified for such subsequent fiscal year in such application 
        as approved by the State.
            ``(5) Such other information and assurances as the 
        Administrator may reasonably require by rule.
    ``(b) Approval of Applications.--
            ``(1) Approval required.--Subject to paragraph (2), the 
        Administrator shall approve an application, and amendments to 
        such application submitted in subsequent fiscal years, that 
        satisfy the requirements of subsection (a).
            ``(2) Limitation.--The Administrator may not approve such 
        application (including amendments to such application) for a 
        fiscal year unless--
                    ``(A)(i) the State submitted a plan under section 
                223 for such fiscal year; and
                    ``(ii) such plan is approved by the Administrator 
                for such fiscal year; or
                    ``(B) the Administrator waives the application of 
                subparagraph (A) to such State for such fiscal year, 
                after finding good cause for such a waiver.

``SEC. 244. GRANTS FOR LOCAL PROJECTS.

    ``(a) Selection From Among Applications.--(1) Using a grant 
received under section 241, a State may make grants to eligible 
entities whose applications are received by the State in accordance 
with subsection (b) to carry out projects and activities described in 
section 241.
    ``(2) For purposes of making such grants, the State shall give 
special consideration to eligible entities that--
            ``(A) propose to carry out such projects in geographical 
        areas in which there is--
                    ``(i) a disproportionately high level of serious 
                crime committed by juveniles; or
                    ``(ii) a recent rapid increase in the number of 
                nonstatus offenses committed by juveniles;
            ``(B)(i) agreed to carry out such projects or activities 
        that are multidisciplinary and involve 2 or more eligible 
        entities; or
            ``(ii) represent communities that have a comprehensive plan 
        designed to identify at-risk juveniles and to prevent or reduce 
        the rate of juvenile delinquency, and that involve other 
        entities operated by individuals who have a demonstrated 
        history of involvement in activities designed to prevent 
        juvenile delinquency; and
            ``(C) the amount of resources (in cash or in kind) such 
        entities will provide to carry out such projects and 
        activities.
    ``(b) Receipt of Applications.--(1) Subject to paragraph (2), a 
unit of general local government shall submit to the State 
simultaneously all applications that are--
            ``(A) timely received by such unit from eligible entities; 
        and
            ``(B) determined by such unit to be consistent with a 
        current plan formulated by such unit for the purpose of 
        preventing, and reducing the rate of, juvenile delinquency in 
        the geographical area under the jurisdiction of such unit.
    ``(2) If an application submitted to such unit by an eligible 
entity satisfies the requirements specified in subparagraphs (A) and 
(B) of paragraph (1), such entity may submit such application directly 
to the State.

``SEC. 245. ELIGIBILITY OF ENTITIES.

    ``(a) Eligibility.--Subject to subsections (b) and except as 
provided in subsection (c), to be eligible to receive a grant under 
section 244, a community-based organization, local juvenile justice 
system officials (including prosecutors, police officers, judges, 
probation officers, parole officers, and public defenders), local 
education authority (as defined in section 14101 of the Elementary and 
Secondary Education Act of 1965 and including a school within such 
authority), nonprofit private organization, unit of general local 
government, or social service provider, and or other entity with a 
demonstrated history of involvement in the prevention of juvenile 
delinquency, shall submit to a unit of general local government an 
application that contains the following:
            ``(1) An assurance that such applicant will use such grant, 
        and each such grant received for the subsequent fiscal year, to 
        carry out throughout a 2-year period a project or activity 
        described in reasonable detail, and of a kind described in 1 or 
        more of paragraphs (1) through (14) of section 241 as specified 
        in, such application.
            ``(2) A statement of the particular goals such project or 
        activity is designed to achieve, and the methods such entity 
        will use to achieve, and assess the achievement of, each of 
        such goals.
            ``(3) A statement identifying the research (if any) such 
        entity relied on in preparing such application.
    ``(b) Review and Submission of Applications.--Except as provided in 
subsection (c), an entity shall not be eligible to receive a grant 
under section 244 unless--
            ``(1) such entity submits to a unit of general local 
        government an application that--
                    ``(A) satisfies the requirements specified in 
                subsection (a); and
                    ``(B) describes a project or activity to be carried 
                out in the geographical area under the jurisdiction of 
                such unit; and
            ``(2) such unit determines that such project or activity is 
        consistent with a current plan formulated by such unit for the 
        purpose of preventing, and reducing the rate of, juvenile 
        delinquency in the geographical area under the jurisdiction of 
        such unit.
    ``(c) Limitation.--If an entity that receives a grant under section 
244 to carry out a project or activity for a 2-year period, and 
receives technical assistance from the State or the Administrator after 
requesting such technical assistance (if any), fails to demonstrate, 
before the expiration of such 2-year period, that such project or such 
activity has achieved substantial success in achieving the goals 
specified in the application submitted by such entity to receive such 
grants, then such entity shall not be eligible to receive any 
subsequent grant under such section to continue to carry out such 
project or activity.''.

SEC. 4910. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part C, as 
added by section 4811 of this Act, the following:

     ``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
              DISSEMINATION

    ``(a) Research and Evaluation.--(1) The Administrator may--
            ``(A) plan and identify, after consultation with the 
        Director of the National Institute of Justice, the purposes and 
        goals of all agreements carried out with funds provided under 
        this subsection; and
            ``(B) make agreements with the National Institute of 
        Justice or, subject to the approval of the Assistant Attorney 
        General for the Office of Justice Programs, with another 
Federal agency authorized by law to conduct research or evaluation in 
juvenile justice matters, for the purpose of providing research and 
evaluation relating to--
                    ``(i) the prevention, reduction, and control of 
                juvenile delinquency and serious crime committed by 
                juveniles;
                    ``(ii) the link between juvenile delinquency and 
                the incarceration of members of the families of 
                juveniles;
                    ``(iii) successful efforts to prevent first-time 
                minor offenders from committing subsequent involvement 
                in serious crime;
                    ``(iv) successful efforts to prevent recidivism;
                    ``(v) the juvenile justice system;
                    ``(vi) juvenile violence; and
                    ``(vii) other purposes consistent with the purposes 
                of this title and title I.
    ``(2) The Administrator shall ensure that an equitable amount of 
funds available to carry out paragraph (1)(B) is used for research and 
evaluation relating to the prevention of juvenile delinquency.
    ``(b) Statistical Analyses.--The Administrator may--
            ``(1) plan and identify, after consultation with the 
        Director of the Bureau of Justice Statistics, the purposes and 
        goals of all agreements carried out with funds provided under 
        this subsection; and
            ``(2) make agreements with the Bureau of Justice 
        Statistics, or subject to the approval of the Assistant 
        Attorney General for the Office of Justice Programs, with 
        another Federal agency authorized by law to undertake 
        statistical work in juvenile justice matters, for the purpose 
        of providing for the collection, analysis, and dissemination of 
        statistical data and information relating to juvenile 
        delinquency and serious crimes committed by juveniles, to the 
        juvenile justice system, to juvenile violence, and to other 
        purposes consistent with the purposes of this title and title 
        I.
    ``(c) Competitive Selection Process.--The Administrator shall use a 
competitive process, established by rule by the Administrator, to carry 
out subsections (a) and (b).
    ``(d) Implementation of Agreements.--A Federal agency that makes an 
agreement under subsections (a)(1)(B) and (b)(2) with the Administrator 
may carry out such agreement directly or by making grants to or 
contracts with public and private agencies, institutions, and 
organizations.
    ``(e) Information Dissemination.--The Administrator may--
            ``(1) review reports and data relating to the juvenile 
        justice system in the United States and in foreign nations (as 
        appropriate), collect data and information from studies and 
        research into all aspects of juvenile delinquency (including 
        the causes, prevention, and treatment of juvenile delinquency) 
        and serious crimes committed by juveniles;
            ``(2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the preparation, 
        publication, and dissemination of information relating to 
        juvenile delinquency, including State and local prevention and 
        treatment programs, plans, resources, and training and 
        technical assistance programs; and
            ``(3) make grants and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        disseminating information to representatives and personnel of 
        public and private agencies, including practitioners in 
        juvenile justice, law enforcement, the courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of projects and activities for 
        which financial assistance is provided under this title.

``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

    ``(a) Training.--The Administrator may--
            ``(1) develop and carry out projects for the purpose of 
        training representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, law 
        enforcement, courts, corrections, schools, and related 
        services, to carry out the purposes specified in section 102; 
        and
            ``(2) make grants to and contracts with public and private 
        agencies, institutions, and organizations for the purpose of 
        training representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, law 
        enforcement, courts, corrections, schools, and related 
        services, to carry out the purposes specified in section 102.
    ``(b) Technical Assistance.--The Administrator may--
            ``(1) develop and implement projects for the purpose of 
        providing technical assistance to representatives and personnel 
        of public and private agencies and organizations, including 
        practitioners in juvenile justice, law enforcement, courts, 
        corrections, schools, and related services, in the 
        establishment, implementation, and operation of programs, 
        projects, and activities for which financial assistance is 
        provided under this title; and
            ``(2) make grants to and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        providing technical assistance to representatives and personnel 
        of public and private agencies, including practitioners in 
        juvenile justice, law enforcement, courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of programs, projects, and 
        activities for which financial assistance is provided under 
        this title.''.

SEC. 4911. DEMONSTRATION PROJECTS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part D, as 
added by section 111, the following:

    ``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW 
                        INITIATIVES AND PROGRAMS

``SEC. 261. GRANTS AND PROJECTS.

    ``(a) Authority To Make Grants.--The Administrator may make grants 
to and contracts with States, units of general local government, Indian 
tribal governments, public and private agencies, organizations, and 
individuals, or combinations thereof, to carry out projects for the 
development, testing, and demonstration of promising initiatives and 
programs for the prevention, control, or reduction of juvenile 
delinquency. The Administrator shall ensure that, to the extent 
reasonable and practicable, such grants are made to achieve an 
equitable geographical distribution of such projects throughout the 
United States.
    ``(b) Use of Grants.--A grant made under subsection (a) may be used 
to pay all or part of the cost of the project for which such grant is 
made.

``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.

    ``The Administrator may make grants to and contracts with public 
and private agencies, organizations, and individuals to provide 
technical assistance to States, units of general local government, 
Indian tribal governments, local private entities or agencies, or any 
combination thereof, to carry out the projects for which grants are 
made under section 261.

``SEC. 263. ELIGIBILITY.

    ``To be eligible to receive a grant made under this part, a public 
or private agency, Indian tribal government, organization, institution, 
individual, or combination thereof shall submit an application to the 
Administrator at such time, in such form, and containing such 
information as the Administrator may reasonable require by rule.

``SEC. 264. REPORTS.

    ``Recipients of grants made under this part shall submit to the 
Administrator such reports as may be reasonably requested by the 
Administrator to describe progress achieved in carrying the projects 
for which such grants are made.''.

SEC. 4912. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended--
            (1) by striking subsection (e); and
            (2) by striking subsections (a) through (c), and inserting 
        the following:
    ``(a) Authorization of Appropriations for Title II (Excluding Parts 
C and E).--(1) There are authorized to be appropriated to carry out 
this title such sums as may be appropriate for fiscal years 1999, 2000, 
and 2001.
    ``(2) Of such sums as are appropriated for a fiscal year to carry 
out this title (other than parts C and E)--
            ``(A) not more than 5 percent shall be available to carry 
        out part A;
            ``(B) not less than 80 percent shall be available to carry 
        out part B; and
            ``(C) not more than 15 percent shall be available to carry 
        out part D.
    ``(b) Authorization of Appropriations for Part C.--There are 
authorized to be appropriated to carry out part C such sums as may be 
necessary for fiscal years 1999, 2000, and 2001.
    ``(c) Authorization of Appropriations for Part E.--There are 
authorized to be appropriated to carry out part E, and authorized to 
remain available until expended, such sums as may be necessary for 
fiscal years 1999, 2000, and 2001.''.

SEC. 4913. ADMINISTRATIVE AUTHORITY.

    Section 299A of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5672) is amended--
            (1) in subsection (d) by striking ``as are consistent with 
        the purpose of this Act'' and inserting ``only to the extent 
        necessary to ensure that there is compliance with the specific 
        requirements of this title or to respond to requests for 
        clarification and guidance relating to such compliance'', and
            (2) by adding at the end the following:
    ``(e) If a State requires by law compliance with the requirements 
described in paragraphs (11), (12), and (13) of section 223(a), then 
for the period such law is in effect in such State such State shall be 
rebuttably presumed to satisfy such requirements.''.

SEC. 4914. USE OF FUNDS.

    Section 299C of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5674) is amended--
            (1) in subsection (a)--
                    (A) by striking ``may be used for'';
                    (B) in paragraph (1), by inserting ``may be used 
                for'' after ``(1)''; and
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) may not be used for the cost of construction of any 
        short- or long-term facilities for adult or juvenile offenders, 
        except not more than 15 percent of the funds received under 
        this title by a State for a fiscal year may be used for the 
        purpose of renovating or replacing juvenile facilities.'',
            (2) by striking subsection (b), and
            (3) by redesignating subsection (c) as subsection (b).

SEC. 4915. LIMITATION ON USE OF FUNDS.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 4811 of this Act, is amended adding at the end the following:

``SEC. 299F. LIMITATION ON USE OF FUNDS.

    ``None of the funds made available to carry out this title may be 
used to advocate for, or support, the unsecured release of juveniles 
who are charged with a violent crime.''.

SEC. 4916. RULES OF CONSTRUCTION.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 4811 of this Act and amended by section 4817 of this Act, is 
amended by adding at the end the following:

``SEC. 299G. RULES OF CONSTRUCTION.

    ``Nothing in this title or title I shall be construed--
            ``(1) to prevent financial assistance from being awarded 
        through grants under this title to any otherwise eligible 
        organization; or
            ``(2) to modify or affect any Federal or State law relating 
        to collective bargaining rights of employees.''.

SEC. 4917. LEASING SURPLUS FEDERAL PROPERTY.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 4811 of this Act and amended by section 4818 of this Act, is 
amended by adding at the end the following:

``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

    ``The Administrator may receive surplus Federal property (including 
facilities) and may lease such property to States and units of general 
local government for use in or as facilities for juvenile offenders, or 
for use in or as facilities for delinquency prevention and treatment 
activities.''.

SEC. 4918. ISSUANCE OF RULES.

    Part F of title II or the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 4811 of this Act and amended by section 4819 of this Act, is 
amended by adding at the end the following:

``SEC. 299I. ISSUANCE OF RULES.

    ``The Administrator shall issue rules to carry out this title, 
including rules that establish procedures and methods for making grants 
and contracts, and distributing funds available, to carry out this 
title.''.

SEC. 4919. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Technical Amendments.--The Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
            (1) in section 202(b), by striking ``prescribed for GS-18 
        of the General Schedule by section 5332'' and inserting 
        ``payable under section 5376'';
            (2) in section 221(b)(2), by striking the last sentence; 
        and
            (3) in section 299D, by striking subsection (d).
    (b) Conforming Amendments.--(1) Section 5315 of title 5 of the 
United States Code is amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' and inserting ``Office of Juvenile Crime 
Control and Delinquency Prevention''.
    (2) Section 4351(b) of title 18 of the United States Code is 
amended by striking ``Office of Juvenile Justice and Delinquency 
Prevention'' and inserting ``Office of Juvenile Crime Control and 
Delinquency Prevention''.
    (3) Subsections (a)(1) and (c) of section 3220 of title 39 of the 
United States Code is amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' each place it appears and inserting 
``Office of Juvenile Crime Control and Delinquency Prevention''.
    (4) Section 463(f) of the Social Security Act (42 U.S.C. 663(f)) is 
amended by striking ``Office of Juvenile Justice and Delinquency 
Prevention'' and inserting ``Office of Juvenile Crime Control and 
Delinquency Prevention''.
    (5) Sections 801(a), 804, 805, and 813 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712(a), 3782, 
3785, 3786, 3789i) are each amended by striking ``Office of Juvenile 
Justice and Delinquency Prevention'' each place it appears and 
inserting ``Office of Juvenile Crime Control and Delinquency 
Prevention''.
    (6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et 
seq.) is amended--
            (A) in section 214(b)(1), by striking ``262, 293, and 296 
        of subpart II of title II'' and inserting ``299B and 299E'',
            (B) in section 214A(c)(1), by striking ``262, 293, and 296 
        of subpart II of title II'' and inserting ``299B and 299E'',
            (C) in sections 217 and 222, by striking ``Office of 
        Juvenile Justice and Delinquency Prevention'' each place it 
        appears and inserting ``Office of Juvenile Crime Control and 
        Delinquency Prevention'', and
            (D) in section 223(c), by striking ``section 262, 293, and 
        296'' and inserting ``sections 262, 299B, and 299E''.
    (7) The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) 
is amended--
            (A) in section 403(2), by striking ``Justice and 
        Delinquency Prevention'' and inserting ``Crime Control and 
        Delinquency Prevention'', and
            (B) in subsections (a)(5)(E) and (b)(1)(B) of section 404, 
        by striking ``section 313'' and inserting ``section 331''.
    (8) The Crime Control Act of 1990 (42 U.S.C. 13001 et seq.) is 
amended--
            (A) in section 217(c)(1), by striking ``sections 262, 293, 
        and 296 of subpart II of title II'' and inserting ``sections 
        299B and 299E'', and
            (B) in section 223(c), by striking ``section 262, 293, and 
        296 of title II'' and inserting ``sections 299B and 299E''.

SEC. 4920. REFERENCES.

    In any Federal law (excluding this Act and the Acts amended by this 
Act), Executive order, rule, regulation, order, delegation of 
authority, grant, contract, suit, or document--
            (1) a reference to the Office of Juvenile Justice and 
        Delinquency Prevention shall be deemed to include a reference 
        to the Office of Juvenile Crime Control and Delinquency 
        Prevention, and
            (2) a reference to the National Institute for Juvenile 
        Justice and Delinquency Prevention shall be deemed to include a 
        reference to Office of Juvenile Crime Control and Delinquency 
        Prevention.

                 TITLE V--DRUG TESTING AND INTERVENTION

                 Subtitle A--Combating Drugs in Prisons

SEC. 5001. SHORT TITLE.

    This subtitle may be cited as the ``Combating Drugs in Prisons Act 
of 1998''.

SEC. 5002. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE 
              VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING 
              INCENTIVE GRANT PROGRAMS.

    Section 20105(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13705(b)) is amended--
            (1) by striking ``(b) To be eligible'' and inserting the 
        following:
    ``(b) Additional Requirements.--
            ``(1) Eligibility for a grant.--To be eligible'';
            (2) by striking ``a State shall provide assurances'' and 
        inserting the following: ``a State shall--
                    ``(A) provide assurances'';
            (3) by striking the period at the end and inserting ``; 
        and''; and
            (4) by adding at the end the following:
                    ``(B) not later than September 1, 1999, have 
                established and implemented, consistent with guidelines 
                issued by the Attorney General, a program of drug 
                testing and intervention for appropriate categories of 
                convicted offenders during periods of incarceration and 
                criminal justice supervision, with sanctions (including 
                denial or revocation of release) for positive drug 
                tests.
            ``(2) Use of funds.--Notwithstanding section 20102, amounts 
        received by a State pursuant to section 20103 or section 20104 
        may be--
                    ``(A) applied to the cost of offender drug testing 
                and appropriate intervention programs during periods of 
                incarceration and criminal justice supervision, 
                consistent with guidelines issued by the Attorney 
                General;
                    ``(B) used by a State to pay the costs of providing 
                to the Attorney General a baseline study, which shall 
                be consistent with guidelines issued by the Attorney 
                General, on the prison drug abuse problem in the State; 
                and
                    ``(C) used by a State to develop policies, 
                practices, or laws establishing, in accordance with 
                guidelines issued by the Attorney General, a system of 
                sanctions and penalties to address drug trafficking 
                within and into correctional facilities under the 
                jurisdiction of the State.''.

SEC. 5003. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO 
              PROVIDE FOR SERVICES DURING AND AFTER INCARCERATION.

    Section 1901 of part S of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796ff) is amended by adding at the end 
the following:
    ``(c) Additional Use of Funds.--Each State that demonstrates that 
the State has established 1 or more residential substance abuse 
treatment programs that meet the requirements of this part may use 
amounts made available under this part for drug treatment and to impose 
appropriate sanctions for positive drug tests, both during 
incarceration and after release.''.



          Subtitle B--Protecting Children From Dangerous Drugs

                 PART 1--TARGETING SERIOUS DRUG CRIMES

SEC. 5101. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``three years'';
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``five years''; and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Probation Prohibited.--In the case of any sentence imposed 
under this section, probation shall not be granted.''.

SEC. 5102. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO MINORS.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``three years'';
            (2) in subsection (b), by striking ``one year'' and 
        inserting ``five years''; and
            (3) in subsections (a) and (b), by striking ``under twenty-
        one'' each place it appears and inserting ``under eighteen''.

SEC. 5103. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A SCHOOL 
              OR OTHER PROTECTED LOCATION.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``three years''; and
            (2) in subsection (b), by striking ``three years'' each 
        time it appears and inserting ``five years''.

SEC. 5104. INCREASED PENALTIES FOR USING FEDERAL PROPERTY TO GROW OR 
              MANUFACTURE CONTROLLED SUBSTANCES.

    (a) In General.--Section 401(b)(5) of the Controlled Substances Act 
(21 U.S.C. 841(b)(5)) is amended to read as follows:
            ``(5) Any person who violates subsection (a) of this 
        section by cultivating or manufacturing a controlled substance 
        on any property in whole or in part owned by or leased to the 
        United States or any department or agency thereof shall be 
        subject to twice the maximum punishment otherwise authorized 
        for the offense.''.
    (b) Sentencing Enhancement.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal sentencing 
        guidelines to provide an appropriate sentencing enhancement for 
        any offense under section 401(b)(5) of the Controlled 
        Substances Act (21 U.S.C. 841(b)(5)) that occurs on Federal 
        property.
            (2) Consistency.--In carrying out this section, the United 
        States Sentencing Commission shall--
                    (A) ensure that there is reasonable consistency 
                with other Federal sentencing guidelines; and
                    (B) avoid duplicative punishment for substantially 
                the same offense.

SEC. 5105. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

    Subparagraphs (A) through (D) of section 401(b)(1) of the 
Controlled Substances Act (21 U.S.C. 841(b)(1)) are each amended by 
striking ``Any sentence'' and inserting ``Notwithstanding section 3583 
of title 18, any sentence''.

SEC. 5106. SUPERVISED RELEASE PERIOD AFTER CONVICTION FOR CONTINUING 
              CRIMINAL ENTERPRISE.

    Section 848(a) of title 21, United States Code, is amended by 
adding to the end of the following: ``Any sentence under this paragraph 
shall, in the absence of such a prior conviction, impose a term of 
supervised release of at least 10 years in addition to such term of 
imprisonment and shall, if there was such a prior conviction, impose a 
term of supervised release of at least 15 years in addition to such 
term of imprisonment.''

                  PART 2--COMPREHENSIVE DRUG EDUCATION

SEC. 5110. EXTENSION OF SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 
              PROGRAM.

    Title IV of the Elementary and Secondary Education Act (20 U.S.C. 
7104) is amended to read as follows:

                       ``TITLE IV--AUTHORIZATIONS

``SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated for State grants under 
subpart 1 and national programs under subpart 2, $655,000,000 for 
fiscal years 1999 and 2000, and $955,000,000 for fiscal years 2001 
through 2002, of which the following amounts may be appropriated from 
the Violent Crime Reduction Trust Fund:
            ``(1) $300,000,000 for fiscal year 2001; and
            ``(2) $300,000,000 for fiscal year 2002.''.

                  PART 3--DRUG TREATMENT FOR JUVENILES

SEC. 5111. DRUG TREATMENT FOR JUVENILES.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by adding at the end the following:

         ``PART G--RESIDENTIAL TREATMENT PROGRAMS FOR JUVENILES

``SEC. 575. RESIDENTIAL TREATMENT PROGRAMS FOR JUVENILES.

    ``(a) In General.--The Director of the Center for Substance Abuse 
Treatment shall award grants to, or enter into cooperative agreements 
or contracts, with public and nonprofit private entities for the 
purpose of providing treatment to juveniles for substance abuse through 
programs in which, during the course of receiving such treatment the 
juveniles reside in facilities made available by the programs.
    ``(b) Availability of Services for Each Participant.--A funding 
agreement for an award under subsection (a) for an applicant is that, 
in the program operated pursuant to such subsection--
            ``(1) treatment services will be available through the 
        applicant, either directly or through agreements with other 
        public or nonprofit private entities; and
            ``(2) the services will be made available to each person 
        admitted to the program.
    ``(c) Individualized Plan of Services.--A funding agreement for an 
award under subsection (a) for an applicant is that--
            ``(1) in providing authorized services for an eligible 
        person pursuant to such subsection, the applicant will, in 
        consultation with the juvenile and, if appropriate the parent 
        or guardian of the juvenile, prepare an individualized plan for 
        the provision to the juvenile or young adult of the services; 
        and
            ``(2) treatment services under the plan will include--
                    ``(A) individual, group, and family counseling, as 
                appropriate, regarding substance abuse; and
                    ``(B) followup services to assist the juvenile or 
                young adult in preventing a relapse into such abuse.
    ``(d) Eligible Supplemental Services.--Grants under subsection (a) 
may be used to provide an eligible juvenile, the following services:
            ``(1) Hospital referrals.--Referrals for necessary hospital 
        services.
            ``(2) HIV and aids counseling.--Counseling on the human 
        immunodeficiency virus and on acquired immune deficiency 
        syndrome.
            ``(3) Domestic violence and sexual abuse counseling.--
        Counseling on domestic violence and sexual abuse.
            ``(4) Preparation for reentry into society.--Planning for 
        and counseling to assist reentry into society, both before and 
        after discharge, including referrals to any public or nonprofit 
        private entities in the community involved that provide 
        services appropriate for the juvenile.
    ``(e) Minimum Qualifications for Receipt of Award.--
            ``(1) Certification by relevant state agency.--With respect 
        to the principal agency of a State or Indian tribe that 
        administers programs relating to substance abuse, the Director 
        may award a grant to, or enter into a cooperative agreement or 
        contract with, an applicant only if the agency or Indian tribe 
        has certified to the Director that--
                    ``(A) the applicant has the capacity to carry out a 
                program described in subsection (a);
                    ``(B) the plans of the applicant for such a program 
                are consistent with the policies of such agency 
                regarding the treatment of substance abuse; and
                    ``(C) the applicant, or any entity through which 
                the applicant will provide authorized services, meets 
                all applicable State licensure or certification 
                requirements regarding the provision of the services 
                involved.
            ``(2) Status as medicaid provider.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Director may make a grant, or enter into a 
                cooperative agreement or contract, under subsection (a) 
                only if, in the case of any authorized service that is 
                available pursuant to the State plan approved under 
                title XIX of the Social Security Act (42 U.S.C. 1396 et 
                seq.) for the State involved--
                            ``(i) the applicant for the grant, 
                        cooperative agreement, or contract will provide 
                        the service directly, and the applicant has 
                        entered into a participation agreement under 
                        the State plan and is qualified to receive 
                        payments under such plan; or
                            ``(ii) the applicant will enter into an 
                        agreement with a public or nonprofit private 
                        entity under which the entity will provide the 
                        service, and the entity has entered into such a 
                        participation agreement plan and is qualified 
                        to receive such payments.
                    ``(B) Services.--
                            ``(i) In general.--In the case of an entity 
                        making an agreement pursuant to subparagraph 
                        (A)(ii) regarding the provision of services, 
                        the requirement established in such 
                        subparagraph regarding a participation 
                        agreement shall be waived by the Director if 
                        the entity does not, in providing health care 
                        services, impose a charge or accept 
                        reimbursement available from any third party 
                        payor, including reimbursement under any 
                        insurance policy or under any Federal or State 
                        health benefits plan.
                            ``(ii) Voluntary donations.--A 
                        determination by the Director of whether an 
                        entity referred to in clause (i) meets the 
                        criteria for a waiver under such clause shall 
                        be made without regard to whether the entity 
                        accepts voluntary donations regarding the 
                        provision of services to the public.
                    ``(C) Mental diseases.--
                            ``(i) In general.--With respect to any 
                        authorized service that is available pursuant 
                        to the State plan described in subparagraph 
                        (A), the requirements established in such 
                        subparagraph shall not apply to the provision 
                        of any such service by an institution for 
                        mental diseases to an individual who has 
                        attained 21 years of age and who has not 
                        attained 65 years of age.
                            ``(ii) Definition of institution for mental 
                        diseases.--In this subparagraph, the term 
                        `institution for mental diseases' has the same 
                        meaning as in section 1905(i) of the Social 
                        Security Act (42 U.S.C. 1396d(i)).
    ``(f) Requirements for Matching Funds.--
            ``(1) In general.--With respect to the costs of the program 
        to be carried out by an applicant pursuant to subsection (a), a 
        funding agreement for an award under such subsection is that 
        the applicant will make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions toward such costs in an amount that--
                    ``(A) for the first fiscal year for which the 
                applicant receives payments under an award under such 
                subsection, is not less than $1 for each $9 of Federal 
                funds provided in the award;
                    ``(B) for any second such fiscal year, is not less 
                than $1 for each $9 of Federal funds provided in the 
                award; and
                    ``(C) for any subsequent such fiscal year, is not 
                less than $1 for each $3 of Federal funds provided in 
                the award.
            ``(2) Determination of amount contributed.--Non-Federal 
        contributions required in paragraph (1) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    ``(g) Outreach.--A funding agreement for an award under subsection 
(a) for an applicant is that the applicant will provide outreach 
services in the community involved to identify juveniles who are 
engaging in substance abuse and to encourage the juveniles to undergo 
treatment for such abuse.
    ``(h) Accessibility of Program.--A funding agreement for an award 
under subsection (a) for an applicant is that the program operated 
pursuant to such subsection will be operated at a location that is 
accessible to low income juveniles.
    ``(i) Continuing Education.--A funding agreement for an award under 
subsection (a) is that the applicant involved will provide for 
continuing education in treatment services for the individuals who will 
provide treatment in the program to be operated by the applicant 
pursuant to such subsection.
    ``(j) Imposition of Charges.--A funding agreement for an award 
under subsection (a) for an applicant is that, if a charge is imposed 
for the provision of authorized services to or on behalf of an eligible 
juvenile, such charge--
            ``(1) will be made according to a schedule of charges that 
        is made available to the public;
            ``(2) will be adjusted to reflect the economic condition of 
        the juvenile involved; and
            ``(3) will not be imposed on any such juvenile whose family 
        has an income of less than 185 percent of the official poverty 
        line, as established by the Director of the Office for 
        Management and Budget and revised by the Secretary in 
        accordance with section 673(2) of the Omnibus Budget 
        Reconciliation Act of 1981 (42 U.S.C. 9902(2)).
    ``(k) Reports to Director.--A funding agreement for an award under 
subsection (a) is that the applicant involved will submit to the 
Director a report--
            ``(1) describing the utilization and costs of services 
        provided under the award;
            ``(2) specifying the number of juveniles served, and the 
        type and costs of services provided; and
            ``(3) providing such other information as the Director 
        determines to be appropriate.
    ``(l) Requirement of Application.--The Director may make an award 
under subsection (a) only if an application for the award is submitted 
to the Director containing such agreements, and the application is in 
such form, is made in such manner, and contains such other agreements 
and such assurances and information as the Director determines to be 
necessary to carry out this section.
    ``(m) Equitable Allocation of Awards.--In making awards under 
subsection (a), the Director shall ensure that the awards are equitably 
allocated among the principal geographic regions of the United States, 
as well as among Indian tribes, subject to the availability of 
qualified applicants for the awards.
    ``(n) Duration of Award.--
            ``(1) In general.--The period during which payments are 
        made to an entity from an award under this section may not 
        exceed 5 years.
            ``(2) Approval of director.--The provision of payments 
        described in paragraph (1) shall be subject to--
                    ``(A) annual approval by the Director of the 
                payments; and
                    ``(B) the availability of appropriations for the 
                fiscal year at issue to make the payments.
            ``(3) No limitation.--This subsection may not be construed 
        to establish a limitation on the number of awards that may be 
        made to an entity under this section.
    ``(o) Evaluations; Dissemination of Findings.--The Director shall, 
directly or through contract, provide for the conduct of evaluations of 
programs carried out pursuant to subsection (a). The Director shall 
disseminate to the States the findings made as a result of the 
evaluations.
    ``(p) Reports to Congress.--
            ``(1) Initial report.--Not later than October 1, 1999, the 
        Director shall submit to the Committee on the Judiciary of the 
        House of Representatives, and to the Committee on the Judiciary 
        of the Senate, a report describing programs carried out 
        pursuant to this section.
            ``(2) Periodic reports.--
                    ``(A) In general.--Not less than biennially after 
                the date described in paragraph (1), the Director shall 
                prepare a report describing programs carried out 
                pursuant to this section during the preceding 2-year 
                period, and shall submit the report to the 
                Administrator for inclusion in the biennial report 
                under section 501(k).
                    ``(B) Summary.--Each report under this subsection 
                shall include a summary of any evaluations conducted 
                under subsection (m) during the period with respect to 
                which the report is prepared.
    ``(q) Definitions.--In this section:
            ``(1) Authorized services.--The term `authorized services' 
        means treatment services and supplemental services.
            ``(2) Juvenile.--The term `juvenile' means anyone 18 years 
        of age or younger at the time that of admission to a program 
        operated pursuant to subsection (a).
            ``(3) Eligible juvenile.--The term `eligible juvenile' 
        means a juvenile who has been admitted to a program operated 
        pursuant to subsection (a).
            ``(4) Funding agreement under subsection (a).--The term 
        `funding agreement under subsection (a)', with respect to an 
        award under subsection (a), means that the Director may make 
        the award only if the applicant makes the agreement involved.
            ``(5) Treatment services.--The term `treatment services' 
        means treatment for substance abuse, including the counseling 
        and services described in subsection (c)(2).
            ``(6) Supplemental services.--The term `supplemental 
        services' means the services described in subsection (d).
    ``(r) Authorization of Appropriations.--
            ``(1) In general.--For the purpose of carrying out this 
        section and section 576 there is authorized to be appropriated 
        such sums as may be necessary for fiscal years 1999 and 2000. 
        There is authorized to be appropriated from the Violent Crime 
        Reduction Trust Fund $300,000,000 in each of the fiscal years 
        2001 and 2002.
            ``(2) Transfer.--For the purpose described in paragraph 
        (1), in addition to the amounts authorized in such paragraph to 
        be appropriated for a fiscal year, there is authorized to be 
        appropriated for the fiscal year from the special forfeiture 
        fund of the Director of the Office of National Drug Control 
        Policy such sums as may be necessary.
            ``(3) Rule of construction.--The amounts authorized in this 
        subsection to be appropriated are in addition to any other 
        amounts that are authorized to be appropriated and are 
        available for the purpose described in paragraph (1).

``SEC. 576. OUTPATIENT TREATMENT PROGRAMS FOR JUVENILES.

    ``(a) Grants.--The Secretary of Health and Human Services, acting 
through the Director of the Center for Substance Abuse Treatment, shall 
make grants to establish projects for the outpatient treatment of 
substance abuse among juveniles.
    ``(b) Prevention.--Entities receiving grants under this section 
shall engage in activities to prevent substance abuse among juveniles.
    ``(c) Evaluation.--The Secretary of Health and Human Services shall 
evaluate projects carried out under subsection (a) and shall 
disseminate to appropriate public and private entities information on 
effective projects.''.

                  PART 4--RESCHEDULING DANGEROUS DRUGS

SEC. 5112. RESCHEDULING OF ``CLUB'' DRUGS.

    Notwithstanding section 201 or subsection (a) or (b) of section 202 
of the Controlled Substances Act (21 U.S.C. 811, 812(a), 812(b)) 
respecting the scheduling of controlled substances, the Attorney 
General shall, by order add ketamine hydrochloride to schedule III of 
such Act.

SEC. 5113. ATTORNEY GENERAL AUTHORITY TO RESCHEDULE CERTAIN DRUGS 
              POSING IMMINENT DANGER TO PUBLIC SAFETY.

    Section 201(h) of the Controlled Substances Act (21 U.S.C. 811)(h) 
is amended--
            (1) in paragraph (1), by striking ``if the substance is not 
        listed in any other schedule in section 812 of this title or'' 
        and by inserting ``or the rescheduling of a previously 
        scheduled substance'' after ``the scheduling of a substance''; 
        and
            (2) in paragraph (2), by inserting ``or rescheduling'' 
        after ``scheduling'' each place it appears.

                        Subtitle C--Drug Courts

SEC. 5201. REAUTHORIZATION OF DRUG COURTS PROGRAM.

    (a) Section 114(b)(1)(A) of title I of Public Law 104-134 is 
repealed.
    (b) Section 1001(a)(20) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(20)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(G) $400,000,000 for fiscal year 2001; and
            ``(H) $400,000,000 for fiscal year 2002.''.

SEC. 5202. JUVENILE DRUG COURTS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.), as amended by the Bulletproof Vest 
Partnership Grant Act of 1998, is amended--
            (1) by redesignating part Z as part AA;
            (2) by redesignating section 2601 as 2701; and
            (3) by inserting after part Y the following:

                     ``PART Z--JUVENILE DRUG COURTS

``SEC. 2601. GRANT AUTHORITY.

    ``(a) Appropriate Drug Court Programs.--The Attorney General may 
make grants to States, State courts, local courts, units of local 
government, and Indian tribes to establish programs that--
            ``(1) involve continuous early judicial supervision over 
        juvenile offenders, other than violent juvenile offenders with 
        substance abuse, or substance abuse-related problems; and
            ``(2) integrate administration of other sanctions and 
        services, including--
                    ``(A) mandatory periodic testing for the use of 
                controlled substances or other addictive substances 
                during any period of supervised release or probation 
                for each participant;
                    ``(B) substance abuse treatment for each 
                participant;
                    ``(C) diversion, probation, or other supervised 
                release involving the possibility of prosecution, 
                confinement, or incarceration based on noncompliance 
                with program requirements or failure to show 
                satisfactory progress;
                    ``(D) programmatic, offender management, and 
                aftercare services such as relapse prevention, health 
                care, education, vocational training, job placement, 
housing placement, and child care or other family support service for 
each participant who requires such services;
                    ``(E) payment by the offender of treatment costs, 
                to the extent practicable, such as costs for urinalysis 
                or counseling; or
                    ``(F) payment by the offender of restitution, to 
                the extent practicable, to either a victim of the 
                offense at issue or to a restitution or similar victim 
                support fund.
    ``(b) Continued Availability of Grant Funds.--Amounts made 
available under this part shall remain available until expended.

``SEC. 2602. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.

    ``The Attorney General shall issue regulations and guidelines to 
ensure that the programs authorized in this part do not permit 
participation by violent offenders.

``SEC. 2603. DEFINITION.

    ``In this part, the term `violent offender' means an individual 
charged with an offense during the course of which--
            ``(1) the individual carried, possessed, or used a firearm 
        or dangerous weapon;
            ``(2) the death of or serious bodily injury of another 
        person occurred as a direct result of the commission of such 
        offense; or
            ``(3) the individual used force against the person of 
        another.

``SEC. 2604. ADMINISTRATION.

    ``(a) Regulatory Authority.--The Attorney General shall issue any 
regulations and guidelines necessary to carry out this part.
    ``(b) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this part shall--
            ``(1) include a long term strategy and detailed 
        implementation plan;
            ``(2) explain the inability of the applicant to fund the 
        program adequately without Federal assistance;
            ``(3) certify that the Federal support provided will be 
        used to supplement, and not supplant, State, tribal, or local 
        sources of funding that would otherwise be available;
            ``(4) identify related governmental or community 
        initiatives that complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate consultation 
        with all affected agencies and that there will be appropriate 
        coordination with all affected agencies in the implementation 
        of the program;
            ``(6) certify that participating offenders will be 
        supervised by one or more designated judges with responsibility 
        for the drug court program;
            ``(7) specify plans for obtaining necessary support and 
        continuing the proposed program following the conclusion of 
        Federal support; and
            ``(8) describe the methodology that will be used in 
        evaluating the program.

``SEC. 2605. APPLICATIONS.

    ``To request funds under this part, the chief executive or the 
chief justice of a State, or the chief executive or chief judge of a 
unit of local government or Indian tribe shall submit an application to 
the Attorney General in such form and containing such information as 
the Attorney General may reasonably require.

``SEC. 2606. FEDERAL SHARE.

    ``(a) In General.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the program 
described in the application submitted under section 2605 for the 
fiscal year for which the program receives assistance under this part.
    ``(b) Waiver.--The Attorney General may waive, in whole or in part, 
the requirement of a matching contribution under subsection (a).
    ``(c) In-Kind Contributions.--In-kind contributions may constitute 
a portion of the non-Federal share of a grant under this part.

``SEC. 2607. DISTRIBUTION OF FUNDS.

    ``(a) Geographical Distribution.--The Attorney General shall ensure 
that, to the extent practicable, an equitable geographic distribution 
of grant awards is made.
    ``(b) Indian Tribes.--The Attorney General shall allocate 0.75 
percent of amounts made available under this subtitle for grants to 
Indian tribes.

``SEC. 2608. REPORT.

    ``A State, Indian tribe, or unit of local government that receives 
funds under this part during a fiscal year shall submit to the Attorney 
General, in March of the year following receipt of a grant under this 
part, a report regarding the effectiveness of programs established 
pursuant to this part.

``SEC. 2609. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    ``(a) Technical Assistance and Training.--The Attorney General may 
provide technical assistance and training in furtherance of the 
purposes of this part.
    ``(b) Evaluations.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for evaluations of programs that receive support 
under this part.
    ``(c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General, in collaboration with the Secretary of Health and 
Human Services, or through grants, contracts, or other cooperative 
arrangements with other entities.

``SEC. 2610. UNAWARDED FUNDS.

    ``The Attorney General may reallocate any grant funds that are not 
awarded for juvenile drug courts under this part for use for other 
juvenile delinquency and crime prevention initiatives.

``SEC. 2611. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
from the Violent Crime Reduction Trust Fund--
            ``(1) such sums as may be necessary for each of the fiscal 
        years 1999 and 2000;
            ``(2) $50,000,000 for fiscal year 2001; and
            ``(3) $50,000,000 for fiscal year 2002.''.

    Subtitle D--Development of Medicines for the Treatment of Drug 
                               Addiction

                    PART 1--PHARMACOTHERAPY RESEARCH

SEC. 5301. REAUTHORIZATION FOR MEDICATION DEVELOPMENT PROGRAM.

    Section 464P(e) of the Public Health Service Act (42 U.S.C. 285o-
4(e)) is amended to read as follows:
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of the fiscal years 1998 through 2002 of which the following 
amount may be appropriated from the Violent Crime Reduction Trust 
Fund--
            ``(1) $100,000,000 for fiscal year 2001; and
            ``(2) $100,000,000 for fiscal year 2002.''.

            PART 2--PATENT PROTECTIONS FOR PHARMACOTHERAPIES

SEC. 5302. RECOMMENDATION FOR INVESTIGATION OF DRUGS.

    Section 525(a) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360aa(a)) is amended--
            (1) by striking ``States'' each place it appears and 
        inserting ``States, or for treatment of an addiction to illegal 
        drugs''; and
            (2) by striking ``such disease or condition'' each place it 
        appears and inserting ``such disease, condition, or treatment 
        of such addiction''.

SEC. 5303. DESIGNATION OF DRUGS.

    Section 526(a) of the Federal, Food, Drug, and Cosmetic Act (21 
U.S.C. 360bb(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting before the period in the first 
                sentence the following: ``or for treatment of an 
                addiction to illegal drugs'';
                    (B) in the third sentence, by striking ``rare 
                disease or condition'' and inserting ``rare disease or 
                condition, or for treatment of an addiction to illegal 
                drugs,''; and
                    (C) by striking ``such disease or condition'' each 
                place it appears and inserting ``such disease, 
                condition, or treatment of such addiction''; and
            (2) in paragraph (2)--
                    (A) by striking ``(2) For'' and inserting ``(2)(A) 
                For'';
                    (B) by striking ``(A) affects'' and inserting ``(i) 
                affects'';
                    (C) by striking ``(B) affects'' and inserting 
                ``(ii) affects''; and
                    (D) by adding at the end the following:
    ``(B) Treatment of an Addiction to Illegal Drugs.--The term 
`treatment of an addiction to illegal drugs' means any pharmacological 
agent or medication that--
            ``(i) reduces the craving for an illegal drug for an 
        individual who--
                    ``(I) habitually uses the illegal drug in a manner 
                that endangers the public health, safety, or welfare; 
                or
                    ``(II) is so addicted to the use of the illegal 
                drug that the individual is not able to control the 
                addiction through the exercise of self-control;
            ``(ii) blocks the behavioral and physiological effects of 
        an illegal drug for an individual described in clause (i);
            ``(iii) safely serves as a replacement therapy for the 
        treatment of drug abuse for an individual described in clause 
        (i);
            ``(iv) moderates or eliminates the process of withdrawal 
        for an individual described in clause (i);
            ``(v) blocks or reverses the toxic effect of an illegal 
        drug on an individual described in clause (i); or
            ``(vi) prevents, where possible, the initiation of drug 
        abuse in individuals at high risk.
    ``(C) Illegal Drug.--The term `illegal drug' means a controlled 
substance identified under schedules I, II, III, IV, and V in section 
202(c) of the Controlled Substance Act (21 U.S.C. 812(c)).''.

SEC. 5304. PROTECTION FOR DRUGS.

    Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360cc) is amended--
            (1) by striking ``rare disease or condition'' each place it 
        appears and inserting ``rare disease or condition or for 
        treatment of an addiction to illegal drugs'';
            (2) by striking ``such disease or condition'' each place it 
        appears and inserting ``such disease, condition, or treatment 
        of the addiction''; and
            (3) in subsection (b)(1), by striking ``the disease or 
        condition'' and inserting ``the disease, condition, or 
        addiction''.

SEC. 5305. OPEN PROTOCOLS FOR INVESTIGATIONS OF DRUGS.

    Section 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360dd) is amended--
            (1) by striking ``rare disease or condition'' and inserting 
        ``rare disease or condition or for treatment of an addiction to 
        illegal drugs''; and
            (2) by striking ``the disease or condition'' each place it 
        appears and inserting ``the disease, condition, or addiction''.

  PART 3--ENCOURAGING PRIVATE SECTOR DEVELOPMENT OF PHARMACOTHERAPIES

SEC. 5306. DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE 
              TREATMENT OF ADDICTION TO ILLEGAL DRUGS.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
351 et seq.) is amended by adding at the end the following:

        ``Subchapter D--Drugs for Cocaine and Heroin Addictions

``SEC. 551. CRITERIA FOR AN ACCEPTABLE DRUG TREATMENT FOR COCAINE AND 
              HEROIN ADDICTIONS.

    ``(a) In General.--Subject to subsections (b) and (c), the 
Secretary shall, through the Institute of Medicine of the National 
Academy of Sciences, establish criteria for an acceptable drug for the 
treatment of an addiction to cocaine and for an acceptable drug for the 
treatment of an addiction to heroin. The criteria shall be used by the 
Secretary in making a contract, or entering into a licensing agreement, 
under section 552.
    ``(b) Requirements.--The criteria established under subsection (a) 
for a drug shall include requirements--
            ``(1) that the application to use the drug for the 
        treatment of addiction to cocaine or heroin was filed and 
        approved by the Secretary under this Act after the date of 
        enactment of this section;
            ``(2) that a performance based test on the drug--
                    ``(A) has been conducted through the use of a 
                randomly selected test group that received the drug as 
                a treatment and a randomly selected control group that 
                received a placebo; and
                    ``(B) has compared the long term differences in the 
                addiction levels of control group participants and test 
                group participants;
            ``(3) that the performance based test conducted under 
        paragraph (2) demonstrates that the drug is effective through 
        evidence that--
                    ``(A) a significant number of the participants in 
                the test who have an addiction to cocaine or heroin are 
                willing to take the drug for the addiction;
                    ``(B) a significant number of the participants in 
                the test who have an addiction to cocaine or heroin and 
                who were provided the drug for the addiction during the 
                test are willing to continue taking the drug as long as 
                necessary for the treatment of the addiction; and
                    ``(C) a significant number of the participants in 
                the test who were provided the drug for the period of 
                time required for the treatment of the addiction 
                refrained from the use of cocaine or heroin for a 
                period of 3 years after the date of the initial 
                administration of the drug on the participants; and
            ``(4) that the drug shall have a reasonable cost of 
        production.
    ``(c) Review and Publication of Criteria.--The criteria established 
under subsection (a) shall, prior to the publication and application of 
such criteria, be submitted for review to the Committee on the 
Judiciary and the Committee on Economic and Educational Opportunities 
of the House of Representatives, and the Committee on the Judiciary and 
the Committee on Labor and Human Resources of the Senate. Not later 
than 90 days after notifying each of the committees, the Secretary 
shall publish the criteria in the Federal Register.

``SEC. 552. PURCHASE OF PATENT RIGHTS FOR DRUG DEVELOPMENT.

    ``(a) Application.--
            ``(1) In general.--The patent owner of a drug to treat an 
        addiction to cocaine or heroin, may submit an application to 
        the Secretary--
                    ``(A) to enter into a contract with the Secretary 
                to sell to the Secretary the patent rights of the owner 
                relating to the drug; or
                    ``(B) in the case in which the drug is approved by 
                the Secretary for more than 1 indication, to enter into 
                an exclusive licensing agreement with the Secretary for 
                the manufacture and distribution of the drug to treat 
                an addiction to cocaine or heroin.
            ``(2) Requirements.--An application described in paragraph 
        (1) shall be submitted at such time and in such manner, and 
        accompanied by such information, as the Secretary may require.
    ``(b) Contract and Licensing Agreements.--
            ``(1) Requirements.--The Secretary may enter into a 
        contract or a licensing agreement with a patent owner who has 
        submitted an application in accordance with (a) if the drug 
        covered under the contract or licensing agreement meets the 
        criteria established by the Secretary under section 551(a).
            ``(2) Special rule.--The Secretary may enter into--
                    ``(A) not more than 1 contract or exclusive 
                licensing agreement relating to a drug for the 
                treatment of an addiction to cocaine; and
                    ``(B) not more than 1 contract or licensing 
                agreement relating to a drug for the treatment of an 
                addiction to heroin.
            ``(3) Coverage.--A contract or licensing agreement 
        described in subparagraph (A) or (B) of paragraph (2) shall 
        cover not more than 1 drug.
            ``(4) Purchase amount.--Subject to amounts provided in 
        advance in appropriations Acts--
                    ``(A) the amount to be paid to a patent owner who 
                has entered into a contract or licensing agreement 
                under this subsection relating to a drug to treat an 
                addiction to cocaine shall not exceed $100,000,000; and
                    ``(B) the amount to be paid to a patent owner who 
                has entered into a contract or licensing agreement 
                under this subsection relating to a drug to treat an 
                addiction to heroin shall not exceed $50,000,000.
    ``(c) Transfer of Rights Under Contracts and Licensing Agreement.--
            ``(1) Contracts.--A contract under subsection (b)(1) to 
        purchase the patent rights relating to a drug to treat cocaine 
        or heroin addiction shall transfer to the Secretary--
                    ``(A) the exclusive right to make, use, or sell the 
                patented drug within the United States for the term of 
                the patent;
                    ``(B) any foreign patent rights held by the patent 
                owner;
                    ``(C) any patent rights relating to the process of 
                manufacturing the drug; and
                    ``(D) any trade secret or confidential business 
                information relating to the development of the drug, 
                process for manufacturing the drug, and therapeutic 
                effects of the drug.
            ``(2) Licensing agreements.--A licensing agreement under 
        subsection (b)(1) to purchase an exclusive license relating to 
        manufacture and distribution of a drug to treat an addiction to 
        cocaine or heroin shall transfer to the Secretary--
                    ``(A) the exclusive right to make, use, or sell the 
                patented drug for the purpose of treating an addiction 
                to cocaine or heroin within the United States for the 
                term of the patent;
                    ``(B) the right to use any patented processes 
                relating to manufacturing the drug; and
                    ``(C) any trade secret or confidential business 
                information relating to the development of the drug, 
                process for manufacturing the drug, and therapeutic 
                effects of the drug relating to use of the drug to 
                treat an addiction to cocaine or heroin.

``SEC. 553. PLAN FOR MANUFACTURE AND DEVELOPMENT.

    ``(a) In General.--Not later than 90 days after the date on which 
the Secretary purchases the patent rights of a patent owner, or enters 
into a licensing agreement with a patent owner, relating to a drug 
under section 551, the Secretary shall develop a plan for the 
manufacture and distribution of the drug.
    ``(b) Plan Requirements.--The plan shall set forth--
            ``(1) procedures for the Secretary to enter into licensing 
        agreements with private entities for the manufacture and the 
        distribution of the drug;
            ``(2) procedures for making the drug available to nonprofit 
        entities and private entities to use in the treatment of a 
        cocaine or heroin addiction;
            ``(3) a system to establish the sale price for the drug; 
        and
            ``(4) policies and procedures with respect to the use of 
        Federal funds by State and local governments or nonprofit 
        entities to purchase the drug from the Secretary.
    ``(c) Applicability of Procurement and Licensing Laws.--The 
procurement and licensing laws of the United States shall be applicable 
to procurements and licenses covered under the plan described in 
subsection (a).
    ``(d) Review of Plan.--
            ``(1) In general.--Upon completion of the plan under 
        subsection (a), the Secretary shall notify the Committee on the 
        Judiciary and the Committee on Economic and Educational 
        Opportunities of the House of Representatives, and the 
        Committee on the Judiciary and the Committee on Labor and Human 
        Resources of the Senate, of the development of the plan and 
        publish the plan in the Federal Register. The Secretary shall 
        provide an opportunity for public comment on the plan for a 
        period of not more than 30 days after the date of the 
        publication of the plan in the Federal Register.
            ``(2) Final plan.--Not later than 60 days after the date of 
        the expiration of the comment period described in paragraph 
        (1), the Secretary shall publish in the Federal Register a 
        final plan. The implementation of the plan shall begin on the 
        date of the final publication of the plan.
    ``(e) Construction.--The development, publication, or 
implementation of the plan, or any other agency action with respect to 
the plan, shall not be considered agency action subject to judicial 
review.
    ``(f) Regulations.--The Secretary may promulgate regulations to 
carry out this section.

``SEC. 554. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this 
subchapter, such sums as may be necessary in each of the fiscal years 
1999 and 2000.''.

                Subtitle E--National Drug Control Policy

   PART 1--REAUTHORIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY

SEC. 5401. DEFINITIONS.

    In this part:
            (1) Demand reduction.--The term ``demand reduction'' means 
        any activity conducted by a National Drug Control Program 
        agency, other than an enforcement activity, that is intended to 
        reduce the use of drugs, including--
                    (A) drug abuse education;
                    (B) drug abuse prevention;
                    (C) drug abuse treatment;
                    (D) drug abuse research;
                    (E) drug abuse rehabilitation;
                    (F) drug-free workplace programs; and
                    (G) drug testing.
            (2) Director.--The term ``Director'' means the Director of 
        National Drug Control Policy.
            (3) Drug.--The term ``drug'' has the meaning given the term 
        ``controlled substance'' in section 102(6) of the Controlled 
        Substances Act (21 U.S.C. 802(6)).
            (4) Drug control.--The term ``drug control'' means any 
        activity conducted by a National Drug Control Program agency 
        involving supply reduction or demand reduction, including any 
        activity to reduce the use of tobacco or alcoholic beverages by 
        underage individuals.
            (5) Fund.--The term ``Fund'' means the fund established 
        under section 703(d).
            (6) National drug control program.--The term ``National 
        Drug Control Program'' means programs, policies, and activities 
        undertaken by National Drug Control Program agencies pursuant 
        to the responsibilities of such agencies under the National 
        Drug Control Strategy.
            (7) National drug control program agency.--The term 
        ``National Drug Control Program agency'' means any department 
        or agency of the Federal Government and all dedicated units 
        thereof, with responsibilities under the National Drug Control 
        Strategy, as designated by the President or jointly by the 
        Director and the head of the department or agency.
            (8) National drug control strategy.--The term ``National 
        Drug Control Strategy'' means the strategy developed and 
        submitted to Congress under section 706.
            (9) Office.--Unless the context clearly implicates 
        otherwise, the term ``Office'' means the Office of National 
        Drug Control Policy established under section 703(a).
            (10) State and local affairs.--The term ``State and local 
        affairs'' means domestic activities conducted by a National 
        Drug Control Program agency that are intended to reduce the 
        availability and use of drugs, including--
                    (A) coordination and facilitation of Federal, 
                State, and local law enforcement drug control efforts;
                    (B) promotion of coordination and cooperation among 
                the drug supply reduction and demand reduction agencies 
                of the various States, territories, and units of local 
                government; and
                    (C) such other cooperative governmental activities 
                which promote a comprehensive approach to drug control 
                at the national, State, territory, and local levels.
            (11) Supply reduction.--The term ``supply reduction'' means 
        any activity of a program conducted by a National Drug Control 
        Program agency that is intended to reduce the availability or 
        use of drugs in the United States and abroad, including--
                    (A) international drug control;
                    (B) foreign and domestic drug intelligence;
                    (C) interdiction; and
                    (D) domestic drug law enforcement, including law 
                enforcement directed at drug users.

SEC. 5402. OFFICE OF NATIONAL DRUG CONTROL POLICY.

    (a) Establishment of Office.--There is established in the Executive 
Office of the President an Office of National Drug Control Policy, 
which shall--
            (1) develop national drug control policy;
            (2) coordinate and oversee the implementation of that 
        national drug control policy;
            (3) assess and certify the adequacy of national drug 
        control programs and the budget for those programs; and
            (4) evaluate the effectiveness of the national drug control 
        programs.
    (b) Director and Deputy Directors.--
            (1) Director.--There shall be at the head of the Office a 
        Director of National Drug Control Policy.
            (2) Deputy director of national drug control policy.--There 
        shall be in the Office a Deputy Director of National Drug 
        Control Policy, who shall assist the Director in carrying out 
        the responsibilities of the Director under this title.
            (3) Other deputy directors.--There shall be in the Office--
                    (A) a Deputy Director for Demand Reduction, who 
                shall be responsible for the activities described in 
                subparagraphs (A) through (G) of section 702(1);
                    (B) a Deputy Director for Supply Reduction, who 
                shall be responsible for the activities described in 
                subparagraphs (A) through (C) of section 702(11); and
                    (C) a Deputy Director for State and Local Affairs, 
                who shall be responsible for the activities described 
                in subparagraphs (A) through (C) of section 702(10).
    (c) Access by Congress.--The location of the Office in the 
Executive Office of the President shall not be construed as affecting 
access by Congress, or any committee of the House of Representatives or 
the Senate, to any--
            (1) information, document, or study in the possession of, 
        or conducted by or at the direction of the Director; or
            (2) personnel of the Office.
    (d) Office of National Drug Control Policy Gift Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund for the receipt of gifts, both real 
        and personal, for the purpose of aiding or facilitating the 
        work of the Office under section 704(c).
            (2) Contributions.--The Office may accept, hold, and 
        administer contributions to the Fund.
            (3) Use of amounts deposited.--Amounts deposited in the 
        Fund are authorized to be appropriated, to remain available 
        until expended for authorized purposes at the discretion of the 
        Director.

SEC. 5403. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS.

    (a) Appointment.--
            (1) In general.--The Director, the Deputy Director of 
        National Drug Control Policy, the Deputy Director for Demand 
        Reduction, the Deputy Director for Supply Reduction, and the 
        Deputy Director for State and Local Affairs, shall each be 
        appointed by the President, by and with the advice and consent 
        of the Senate, and shall serve at the pleasure of the 
        President. In appointing the Deputy Director for Demand 
        Reduction under this paragraph, the President shall take into 
        consideration the scientific, educational or professional 
        background of the individual, and whether the individual has 
        experience in the fields of substance abuse prevention, 
education, or treatment.
            (2) Duties of deputy director of national drug control 
        policy.--The Deputy Director of National Drug Control Policy 
        shall--
                    (A) carry out the duties and powers prescribed by 
                the Director; and
                    (B) serve as the Director in the absence of the 
                Director or during any period in which the office of 
                the Director is vacant.
            (3) Designation of other officers.--In the absence of the 
        Deputy Director, or if the office of the Deputy Director is 
        vacant, the Director shall designate such other permanent 
        employee of the Office to serve as the Director, if the 
        Director is absent or unable to serve.
            (4) Prohibition.--No person shall serve as Director or a 
        Deputy Director while serving in any other position in the 
        Federal Government.
            (5) Prohibition on political campaigning.--Any officer or 
        employee of the Office who is appointed to that position by the 
        President, by and with the advice and consent of the Senate, 
        may not participate in Federal election campaign activities, 
        except that such official is not prohibited by this paragraph 
        from making contributions to individual candidates.
    (b) Responsibilities.--The Director shall--
            (1) assist the President in the establishment of policies, 
        goals, objectives, and priorities for the National Drug Control 
        Program;
            (2) promulgate the National Drug Control Strategy and each 
        report under section 706(b) in accordance with section 706;
            (3) coordinate and oversee the implementation by the 
        National Drug Control Program agencies of the policies, goals, 
        objectives, and priorities established under paragraph (1) and 
        the fulfillment of the responsibilities of such agencies under 
        the National Drug Control Strategy;
            (4) make such recommendations to the President as the 
        Director determines are appropriate regarding changes in the 
        organization, management, and budgets of Federal departments 
        and agencies engaged in drug enforcement, and changes in the 
        allocation of personnel to and within those departments and 
        agencies, to implement the policies, goals, priorities, and 
        objectives established under paragraph (1) and the National 
        Drug Control Strategy;
            (5) consult with and assist State and local governments 
        with respect to the formulation and implementation of National 
        Drug Control Policy and their relations with the National Drug 
        Control Program agencies;
            (6) appear before duly constituted committees and 
        subcommittees of the House of Representatives and of the Senate 
        to represent the drug policies of the executive branch;
            (7) notify any National Drug Control Program agency if its 
        policies are not in compliance with the responsibilities of the 
        agency under the National Drug Control Strategy, transmit a 
        copy of each such notification to the President, and maintain a 
        copy of each such notification;
            (8) provide, by July 1 of each year, budget 
        recommendations, including requests for specific initiatives 
        that are consistent with the priorities of the President under 
        the National Drug Control Strategy, to the heads of departments 
        and agencies with responsibilities under the National Drug 
        Control Program, which recommendations shall--
                    (A) apply to next budget year scheduled for 
                formulation under the Budget and Accounting Act of 
                1921, and each of the 4 subsequent fiscal years; and
                    (B) address funding priorities developed in the 
                National Drug Control Strategy;
            (9) serve as the representative of the President in 
        appearing before Congress on all issues relating to the 
        National Drug Control Program;
            (10) in any matter affecting national security interests, 
        work in conjunction with the Assistant to the President for 
        National Security Affairs; and
            (11) serve as primary spokesperson of the Administration on 
        drug issues.
    (c) National Drug Control Program Budget.--
            (1) Responsibilities of national drug control program 
        agencies.--
                    (A) In general.--For each fiscal year, the head of 
                each department, agency, or program of the Federal 
                Government with responsibilities under the National 
                Drug Control Program Strategy shall transmit to the 
                Director a copy of the proposed drug control budget 
                request of the department, agency, or program at the 
                same time as that budget request is submitted to their 
                superiors (and before submission to the Office of 
Management and Budget) in the preparation of the budget of the 
President submitted to Congress under section 1105(a) of title 31, 
United States Code.
                    (B) Submission of drug control budget requests.--
                The head of each National Drug Control Program agency 
                shall ensure timely development and submission to the 
                Director of each proposed drug control budget request 
                transmitted pursuant to this paragraph, in such format 
                as may be designated by the Director with the 
                concurrence of the Director of the Office of Management 
                and Budget.
            (2) National drug control program budget proposal.--For 
        each fiscal year, following the transmission of proposed drug 
        control budget requests to the Director under paragraph (1), 
        the Director shall, in consultation with the head of each 
        National Drug Control Program agency--
                    (A) develop a consolidated National Drug Control 
                Program budget proposal designed to implement the 
                National Drug Control Strategy;
                    (B) submit the consolidated budget proposal to the 
                President; and
                    (C) after submission under subparagraph (B), submit 
                the consolidated budget proposal to Congress.
            (3) Review and certification of budget requests and budget 
        submissions of national drug control program agencies.--
                    (A) In general.--The Director shall review each 
                drug control budget request submitted to the Director 
                under paragraph (1).
                    (B) Review of budget requests.--
                            (i) Inadequate requests.--If the Director 
                        concludes that a budget request submitted under 
                        paragraph (1) is inadequate, in whole or in 
                        part, to implement the objectives of the 
                        National Drug Control Strategy with respect to 
                        the department, agency, or program at issue for 
                        the year for which the request is submitted, 
                        the Director shall submit to the head of the 
                        applicable National Drug Control Program agency 
                        a written description of funding levels and 
                        specific initiatives that would, in the 
                        determination of the Director, make the request 
                        adequate to implement those objectives.
                            (ii) Adequate requests.--If the Director 
                        concludes that a budget request submitted under 
                        paragraph (1) is adequate to implement the 
                        objectives of the National Drug Control 
                        Strategy with respect to the department, 
                        agency, or program at issue for the year for 
                        which the request is submitted, the Director 
                        shall submit to the head of the applicable 
                        National Drug Control Program agency a written 
                        statement confirming the adequacy of the 
                        request.
                            (iii) Record.--The Director shall maintain 
                        a record of each description submitted under 
                        clause (i) and each statement submitted under 
                        clause (ii).
                    (C) Agency response.--
                            (i) In general.--The head of a National 
                        Drug Control Program agency that receives a 
                        description under subparagraph (B)(i) shall 
                        include the funding levels and initiatives 
                        described by the Director in the budget 
                        submission for that agency to the Office of 
                        Management and Budget.
                            (ii) Impact statement.--The head of a 
                        National Drug Control Program agency that has 
                        altered its budget submission under this 
                        subparagraph shall include as an appendix to 
                        the budget submission for that agency to the 
                        Office of Management and Budget an impact 
                        statement that summarizes--
                                    (I) the changes made to the budget 
                                under this subparagraph; and
                                    (II) the impact of those changes on 
                                the ability of that agency to perform 
                                its other responsibilities, including 
                                any impact on specific missions or 
                                programs of the agency.
                            (iii) Congressional notification.--The head 
                        of a National Drug Control Program agency shall 
                        submit a copy of any impact statement under 
                        clause (ii) to the Senate and the House of 
                        Representatives at the time the budget for that 
                        agency is submitted to Congress under section 
                        1105(a) of title 31, United States Code.
                    (D) Certification of budget submissions.--
                            (i) In general.--At the time a National 
                        Drug Control Program agency submits its budget 
request to the Office of Management and Budget, the head of the 
National Drug Control Program agency shall submit a copy of the budget 
request to the Director.
                            (ii) Certification.--The Director--
                                    (I) shall review each budget 
                                submission submitted under clause (i); 
                                and
                                    (II) based on the review under 
                                subclause (I), if the Director 
                                concludes that the budget submission of 
                                a National Drug Control Program agency 
                                does not include the funding levels and 
                                initiatives described under 
                                subparagraph (B)--
                                            (aa) may issue a written 
                                        decertification of that 
                                        agency's budget; and
                                            (bb) in the case of a 
                                        decertification issued under 
                                        item (aa), shall submit to the 
                                        Senate and the House of 
                                        Representatives a copy of the--

                                                    (aaa) 
                                                decertification issued 
                                                under item (aa);

                                                    (bbb) the 
                                                description made under 
                                                subparagraph (B); and

                                                    (ccc) the budget 
                                                recommendations made 
                                                under subsection 
                                                (b)(8).

            (4) Reprogramming and transfer requests.--
                    (A) In general.--No National Drug Control Program 
                agency shall submit to Congress a reprogramming or 
                transfer request with respect to any amount of 
                appropriated funds in an amount exceeding $5,000,000 
                that is included in the National Drug Control Program 
                budget unless the request has been approved by the 
                Director.
                    (B) Appeal.--The head of any National Drug Control 
                Program agency may appeal to the President any 
                disapproval by the Director of a reprogramming or 
                transfer request under this paragraph.
    (d) Powers of the Director.--In carrying out subsection (b), the 
Director may--
            (1) select, appoint, employ, and fix compensation of such 
        officers and employees of the Office as may be necessary to 
        carry out the functions of the Office under this title;
            (2) subject to subsection (e)(3), request the head of a 
        department or agency, or program of the Federal Government to 
        place department, agency, or program personnel who are engaged 
        in drug control activities on temporary detail to another 
        department, agency, or program in order to implement the 
        National Drug Control Strategy, and the head of the department 
        or agency shall comply with such a request;
            (3) use for administrative purposes, on a reimbursable 
        basis, the available services, equipment, personnel, and 
        facilities of Federal, State, and local agencies;
            (4) procure the services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code, 
        relating to appointments in the Federal Service, at rates of 
        compensation for individuals not to exceed the daily equivalent 
        of the rate of pay payable under level IV of the Executive 
        Schedule under section 5311 of title 5, United States Code;
            (5) accept and use gifts and donations of property from 
        Federal, State, and local government agencies, and from the 
        private sector, as authorized in section 703(d);
            (6) use the mails in the same manner as any other 
        department or agency of the executive branch;
            (7) monitor implementation of the National Drug Control 
        Program, including--
                    (A) conducting program and performance audits and 
                evaluations;
                    (B) requesting assistance from the Inspector 
                General of the relevant agency in such audits and 
                evaluations; and
                    (C) commissioning studies and reports by a National 
                Drug Control Program agency, with the concurrence of 
                the head of the affected agency;
            (8) transfer funds made available to a National Drug 
        Control Program agency for National Drug Control Strategy 
        programs and activities to another account within such agency 
        or to another National Drug Control Program agency for National 
        Drug Control Strategy programs and activities, except that--
                    (A) the authority under this paragraph may be 
                limited in an annual appropriations Act or other 
                provision of Federal law;
                    (B) the Director may exercise the authority under 
                this paragraph only with the concurrence of the head of 
                each affected agency;
                    (C) in the case of an interagency transfer, the 
                total amount of transfers under this paragraph may not 
                exceed 2 percent of the total amount of funds made 
                available for National Drug Control Strategy programs 
                and activities to the agency from which those funds are 
                to be transferred;
                    (D) funds transferred to an agency under this 
                paragraph may only be used to increase the funding for 
                programs or activities that--
                            (i) have a higher priority than the 
                        programs or activities from which funds are 
                        transferred; and
                            (ii) have been authorized by Congress; and
                    (E) the Director shall--
                            (i) submit to Congress, including to the 
                        Committees on Appropriations of the Senate and 
                        the House of Representatives and other 
                        applicable committees of jurisdiction, a 
                        reprogramming or transfer request in advance of 
                        any transfer under this paragraph in accordance 
                        with the regulations of the affected agency or 
                        agencies; and
                            (ii) annually submit to Congress a report 
                        describing the effect of all transfers of funds 
                        made pursuant to this paragraph or subsection 
                        (c)(4) during the 12-month period preceding the 
                        date on which the report is submitted;
            (9) issue to the head of a National Drug Control Program 
        agency a fund control notice described in subsection (f) to 
        ensure compliance with the National Drug Control Program 
        Strategy; and
            (10) participate in the drug certification process pursuant 
        to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2291j).
    (e) Personnel Detailed to Office.--
            (1) Evaluations.--Notwithstanding any provision of chapter 
        43 of title 5, United States Code, the Director shall perform 
        the evaluation of the performance of any employee detailed to 
        the Office for purposes of the applicable performance appraisal 
        system established under such chapter for any rating period, or 
        part thereof, that such employee is detailed to such office.
            (2) Compensation.--
                    (A) Bonus payments.--Notwithstanding any other 
                provision of law, the Director may provide periodic 
                bonus payments to any employee detailed to the Office.
                    (B) Restrictions.--An amount paid under this 
                paragraph to an employee for any period--
                            (i) shall not be greater than 20 percent of 
                        the basic pay paid or payable to such employee 
                        for such period; and
                            (ii) shall be in addition to the basic pay 
                        of such employee.
                    (C) Aggregate amount.--The aggregate amount paid 
                during any fiscal year to an employee detailed to the 
                Office as basic pay, awards, bonuses, and other 
                compensation shall not exceed the annual rate payable 
                at the end of such fiscal year for positions at level 
                III of the Executive Schedule.
            (3) Maximum number of detailees.--The maximum number of 
        personnel who may be detailed to another department or agency 
        (including the Office) under subsection (d)(2) during any 
        fiscal year is--
                    (A) for the Department of Defense, 50; and
                    (B) for any other department or agency, 10.

SEC. 5404. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN 
              DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND LOCAL 
              AFFAIRS.

    (a) Access to Information.--
            (1) In general.--Upon the request of the Director, the head 
        of any National Drug Control Program agency shall cooperate 
        with and provide to the Director any statistics, studies, 
        reports, and other information prepared or collected by the 
        agency concerning the responsibilities of the agency under the 
        National Drug Control Strategy that relate to--
                    (A) drug abuse control; or
                    (B) the manner in which amounts made available to 
                that agency for drug control are being used by that 
                agency.
            (2) Protection of intelligence information.--
                    (A) In general.--The authorities conferred on the 
                Office and the Director by this title shall be 
                exercised in a manner consistent with provisions of the 
                National Security Act of 1947 (50 U.S.C. 401 et seq.). 
                The Director of Central Intelligence shall prescribe 
                such regulations as may be necessary to protect 
                information provided pursuant to this title regarding 
                intelligence sources and methods.
                    (B) Duties of director.--The Director of Central 
                Intelligence shall, to the maximum extent practicable 
                in accordance with subparagraph (A), render full 
                assistance and support to the Office and the Director.
            (3) Illegal drug cultivation.--The Secretary of Agriculture 
        shall annually submit to the Director an assessment of the 
        acreage of illegal drug cultivation in the United States.
    (b) Certification of Policy Changes to Director.--
            (1) In general.--Subject to paragraph (2), the head of a 
        National Drug Control Program agency shall, unless exigent 
        circumstances require otherwise, notify the Director in writing 
        regarding any proposed change in policies relating to the 
        activities of that agency under the National Drug Control 
        Program prior to implementation of such change. The Director 
        shall promptly review such proposed change and certify to the 
        head of that agency in writing whether such change is 
        consistent with the National Drug Control Strategy.
            (2) Exception.--If prior notice of a proposed change under 
        paragraph (1) is not practicable--
                    (A) the head of the National Drug Control Program 
                agency shall notify the Director of the proposed change 
                as soon as practicable; and
                    (B) upon such notification, the Director shall 
                review the change and certify to the head of that 
                agency in writing whether the change is consistent with 
                the National Drug Control Program.
    (c) General Services Administration.--The Administrator of General 
Services shall provide to the Director, in a reimbursable basis, such 
administrative support services as the Director may request.

SEC. 5405. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
              NATIONAL DRUG CONTROL STRATEGY.

    (a) Timing, Contents, and Process for Development and Submission of 
National Drug Control Strategy.--
            (1) Timing.--Not later than February 1, 1998, the President 
        shall submit to Congress a National Drug Control Strategy, 
        which shall set forth a comprehensive plan, covering a period 
        of not more than 10 years, for reducing drug abuse and the 
        consequences of drug abuse in the United States, by limiting 
        the availability of and reducing the demand for illegal drugs.
            (2) Contents.--
                    (A) In general.--The National Drug Control Strategy 
                submitted under paragraph (1) shall include--
                            (i) comprehensive, research-based, long-
                        range, quantifiable, goals for reducing drug 
                        abuse and the consequences of drug abuse in the 
                        United States;
                            (ii) annual, quantifiable, and measurable 
                        objectives to accomplish long-term quantifiable 
                        goals that the Director determines may be 
                        realistically achieved during each year of the 
                        period beginning on the date on which the 
                        National Drug Control Strategy is submitted;
                            (iii) 5-year projections for program and 
                        budget priorities; and
                            (iv) a review of State, local, and private 
                        sector drug control activities to ensure that 
                        the United States pursues well-coordinated and 
                        effective drug control at all levels of 
                        government.
                    (B) Classified information.--Any contents of the 
                National Drug Control Strategy that involves 
                information properly classified under criteria 
                established by an Executive order shall be presented to 
                Congress separately from the rest of the National Drug 
                Control Strategy.
            (3) Process for development and submission.--
                    (A) Consultation.--In developing and effectively 
                implementing the National Drug Control Strategy, the 
                Director--
                            (i) shall consult with--
                                    (I) the heads of the National Drug 
                                Control Program agencies;
                                    (II) Congress;
                                    (III) State and local officials;
                                    (IV) private citizens and 
                                organizations with experience and 
                                expertise in demand reduction; and
                                    (V) private citizens and 
                                organizations with experience and 
                                expertise in supply reduction; and
                            (ii) may require the National Drug 
                        Intelligence Center and the El Paso 
                        Intelligence Center to undertake specific tasks 
                        or projects to implement the National Drug 
                        Control Strategy.
                    (B) Inclusion in strategy.--The National Drug 
                Control Strategy under this subsection, and each report 
                submitted under subsection (b), shall include a list of 
                each entity consulted under subparagraph (A)(i).
            (4) Modification and resubmittal.--Notwithstanding any 
        other provision of law, the President may modify a National 
        Drug Control Strategy submitted under paragraph (1) at any 
        time.
    (b) Annual Strategy Report.--
            (1) In general.--Not later than February 1, 1999, and on 
        February 1 of each year thereafter, the President shall submit 
        to Congress a report on the progress in implementing the 
        Strategy under subsection (a), which shall include--
                    (A) an assessment of the Federal effectiveness in 
                achieving the National Drug Control Strategy goals and 
                objectives using the performance measurement system 
                described in subsection (c), including--
                            (i) an assessment of drug use and 
                        availability in the United States; and
                            (ii) an estimate of the effectiveness of 
                        interdiction, treatment, prevention, law 
                        enforcement, and international programs under 
                        the National Drug Control Strategy in effect 
                        during the preceding year, or in effect as of 
                        the date on which the report is submitted;
                    (B) any modifications of the National Drug Control 
                Strategy or the performance measurement system 
                described in subsection (c);
                    (C) an assessment of the manner in which the budget 
                proposal submitted under section 704(c) is intended to 
                implement the National Drug Control Strategy and 
                whether the funding levels contained in such proposal 
                are sufficient to implement such Strategy;
                    (D) beginning on February 1, 1999, and annually 
                thereafter, measurable data evaluating the success or 
                failure in achieving the annual measurable objectives 
                described in subsection (a)(2)(A)(ii);
                    (E) an assessment of current drug use (including 
                inhalants) and availability, impact of drug use, and 
                treatment availability, which assessment shall 
                include--
                            (i) estimates of drug prevalence and 
                        frequency of use as measured by national, 
                        State, and local surveys of illicit drug use 
                        and by other special studies of--
                                    (I) casual and chronic drug use;
                                    (II) high-risk populations, 
                                including school dropouts, the homeless 
                                and transient, arrestees, parolees, 
                                probationers, and juvenile delinquents; 
                                and
                                    (III) drug use in the workplace and 
                                the productivity lost by such use;
                            (ii) an assessment of the reduction of drug 
                        availability against an ascertained baseline, 
                        as measured by--
                                    (I) the quantities of cocaine, 
                                heroin, marijuana, methamphetamine, and 
                                other drugs available for consumption 
                                in the United States;
                                    (II) the amount of marijuana, 
                                cocaine, and heroin entering the United 
                                States;
                                    (III) the number of hectares of 
                                marijuana, poppy, and coca cultivated 
                                and destroyed;
                                    (IV) the number of metric tons of 
                                marijuana, heroin, and cocaine seized;
                                    (V) the number of cocaine and 
                                methamphetamine processing laboratories 
                                destroyed;
                                    (VI) changes in the price and 
                                purity of heroin and cocaine;
                                    (VII) the amount and type of 
                                controlled substances diverted from 
                                legitimate retail and wholesale 
                                sources; and
                                    (VIII) the effectiveness of Federal 
                                technology programs at improving drug 
                                detection capabilities in interdiction, 
and at United States ports of entry;
                            (iii) an assessment of the reduction of the 
                        consequences of drug use and availability, 
                        which shall include estimation of--
                                    (I) the burden drug users placed on 
                                hospital emergency departments in the 
                                United States, such as the quantity of 
                                drug-related services provided;
                                    (II) the annual national health 
                                care costs of drug use, including costs 
                                associated with people becoming 
                                infected with the human 
                                immunodeficiency virus and other 
                                infectious diseases as a result of drug 
                                use;
                                    (III) the extent of drug-related 
                                crime and criminal activity; and
                                    (IV) the contribution of drugs to 
                                the underground economy, as measured by 
                                the retail value of drugs sold in the 
                                United States;
                            (iv) a determination of the status of drug 
                        treatment in the United States, by assessing--
                                    (I) public and private treatment 
                                capacity within each State, including 
                                information on the treatment capacity 
                                available in relation to the capacity 
                                actually used;
                                    (II) the extent, within each State, 
                                to which treatment is available;
                                    (III) the number of drug users the 
                                Director estimates could benefit from 
                                treatment; and
                                    (IV) the specific factors that 
                                restrict the availability of treatment 
                                services to those seeking it and 
                                proposed administrative or legislative 
                                remedies to make treatment available to 
                                those individuals; and
                            (v) a review of the research agenda of the 
                        Counter-Drug Technology Assessment Center to 
                        reduce the availability and abuse of drugs; and
                    (F) an assessment of private sector initiatives and 
                cooperative efforts between the Federal Government and 
                State and local governments for drug control.
            (2) Submission of revised strategy.--The President may 
        submit to Congress a revised National Drug Control Strategy 
        that meets the requirements of this section--
                    (A) at any time, upon a determination by the 
                President, in consultation with the Director, that the 
                National Drug Control Strategy in effect is not 
                sufficiently effective; and
                    (B) if a new President or Director takes office.
    (c) Performance Measurement System.--
            (1) In general.--Not later than February 1, 1998, the 
        Director shall submit to Congress a description of the national 
        drug control performance measurement system, designed in 
        consultation with affected National Drug Control Program 
        agencies, that--
                    (A) develops performance objectives, measures, and 
                targets for each National Drug Control Strategy goal 
                and objective;
                    (B) revises performance objectives, measures, and 
                targets, to conform with National Drug Control Program 
                Agency budgets;
                    (C) identifies major programs and activities of the 
                National Drug Control Program agencies that support the 
                goals and objectives of the National Drug Control 
                Strategy;
                    (D) evaluates implementation of major program 
                activities supporting the National Drug Control 
                Strategy;
                    (E) monitors consistency between the drug-related 
                goals and objectives of the National Drug Control 
                Program agencies and ensures that drug control agency 
                goals and budgets support and are fully consistent with 
                the National Drug Control Strategy; and
                    (F) coordinates the development and implementation 
                of national drug control data collection and reporting 
                systems to support policy formulation and performance 
                measurement, including an assessment of--
                            (i) the quality of current drug use 
                        measurement instruments and techniques to 
                        measure supply reduction and demand reduction 
                        activities;
                            (ii) the adequacy of the coverage of 
                        existing national drug use measurement 
                        instruments and techniques to measure the 
                        casual drug user population and groups that are 
                        at risk for drug use; and
                            (iii) the actions the Director shall take 
                        to correct any deficiencies and limitations 
                        identified pursuant to subparagraphs (A) and 
                        (B) of subsection (b)(4).
            (2) Modifications.--
                    (A) In general.--A description of any modifications 
                made during the preceding year to the national drug 
                control performance measurement system described in 
                paragraph (1) shall be included in each report 
                submitted under subsection (b).
                    (B) Annual performance objectives, measures, and 
                targets.--Not later than February 1, 1999, the Director 
                shall submit to Congress a modified performance 
                measurement system that--
                            (i) develops annual performance objectives, 
                        measures, and targets for each National Drug 
                        Control Strategy goal and objective; and
                            (ii) revises the annual performance 
                        objectives, measures, and targets to conform 
                        with the National Drug Control Program agency 
                        budgets.

SEC. 5406. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

    (a) Establishment.--There is established in the Office a program to 
be known as the High Intensity Drug Trafficking Areas Program.
    (b) Designation.--The Director, upon consultation with the Attorney 
General, the Secretary of the Treasury, heads of the National Drug 
Control Program agencies, and the Governor of each State, may designate 
any specified area of the United States as a high intensity drug 
trafficking area. After making such a designation and in order to 
provide Federal assistance to the area so designated, the Director 
may--
            (1) obligate such sums as appropriated for the High 
        Intensity Drug Trafficking Areas Program;
            (2) direct the temporary reassignment of Federal personnel 
        to such area, subject to the approval of the head of the 
        department or agency that employs such personnel;
            (3) take any other action authorized under section 704 to 
        provide increased Federal assistance to those areas;
            (4) coordinate activities under this subsection 
        (specifically administrative, recordkeeping, and funds 
        management activities) with State and local officials.
    (c) Factors for Consideration.--In considering whether to designate 
an area under this section as a high intensity drug trafficking area, 
the Director shall consider, in addition to such other criteria as the 
Director considers to be appropriate, the extent to which--
            (1) the area is a center of illegal drug production, 
        manufacturing, importation, or distribution;
            (2) State and local law enforcement agencies have committed 
        resources to respond to the drug trafficking problem in the 
        area, thereby indicating a determination to respond 
        aggressively to the problem;
            (3) drug-related activities in the area are having a 
        harmful impact in other areas of the country; and
            (4) a significant increase in allocation of Federal 
        resources is necessary to respond adequately to drug-related 
        activities in the area.

SEC. 5407. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

    (a) Establishment.--There is established within the Office the 
Counter-Drug Technology Assessment Center (referred to in this section 
as the ``Center''). The Center shall operate under the authority of the 
Director of National Drug Control Policy and shall serve as the central 
counter-drug technology research and development organization of the 
United States Government.
    (b) Director of Technology.--There shall be at the head of the 
Center the Director of Technology, who shall be appointed by the 
Director of National Drug Control Policy from among individuals 
qualified and distinguished in the area of science, medicine, 
engineering, or technology.
    (c) Additional Responsibilities of the Director of National Drug 
Control Policy.--
            (1) In general.--The Director, acting through the Director 
        of Technology shall--
                    (A) identify and define the short-, me- dium-, and 
                long-term scientific and technological needs of 
                Federal, State, and local drug supply reduction 
                agencies, including--
                            (i) advanced surveillance, tracking, and 
                        radar imaging;
                            (ii) electronic support measures;
                            (iii) communications;
                            (iv) data fusion, advanced computer 
                        systems, and artificial intelligence; and
                            (v) chemical, biological, radiological 
                        (including neutron, electron, and graviton), 
                        and other means of detection;
                    (B) identify demand reduction basic and applied 
                research needs and initiatives, in consultation with 
                affected National Drug Control Program agencies, 
                including--
                            (i) improving treatment through 
                        neuroscientific advances;
                            (ii) improving the transfer of biomedical 
                        research to the clinical setting; and
                            (iii) in consultation with the National 
                        Institute on Drug Abuse, and through 
                        interagency agreements or grants, examining 
                        addiction and rehabilitation research and the 
                        application of technology to expanding the 
                        effectiveness or availability of drug 
                        treatment;
                    (C) make a priority ranking of such needs 
                identified in subparagraphs (A) and (B) according to 
                fiscal and technological feasibility, as part of a 
                National Counter-Drug Enforcement Research and 
                Development Program;
                    (D) oversee and coordinate counter-drug technology 
                initiatives with related activities of other Federal 
                civilian and military departments;
                    (E) provide support to the development and 
                implementation of the national drug control performance 
                measurement system; and
                    (F) pursuant to the authority of the Director of 
                National Drug Control Policy under section 704, submit 
                requests to Congress for the reprogramming or transfer 
                of funds appropriated for counter-drug technology 
                research and development.
            (2) Limitation on authority.--The authority granted to the 
        Director under this subsection shall not extend to the award of 
        contracts, management of individual projects, or other 
        operational activities.
    (d) Assistance and Support to Office of National Drug Control 
Policy.--The Secretary of Defense and the Secretary of Health and Human 
Services shall, to the maximum extent practicable, render assistance 
and support to the Office and to the Director in the conduct of 
counter-drug technology assessment.

SEC. 5408. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.

    (a) Establishment.--There is established a council to be known as 
the President's Council on Counter-Narcotics (referred to in this 
section as the ``Council'').
    (b) Membership.--
            (1) In general.--Subject to paragraph (2), the Council 
        shall be composed of 18 members, of whom--
                    (A) 1 shall be the President, who shall serve as 
                Chairman of the Council;
                    (B) 1 shall be the Vice President;
                    (C) 1 shall be the Secretary of State;
                    (D) 1 shall be the Secretary of the Treasury;
                    (E) 1 shall be the Secretary of Defense;
                    (F) 1 shall be the Attorney General;
                    (G) 1 shall be the Secretary of Transportation;
                    (H) 1 shall be the Secretary of Health and Human 
                Services;
                    (I) 1 shall be the Secretary of Education;
                    (J) 1 shall be the Representative of the United 
                States of America to the United Nations;
                    (K) 1 shall be the Director of the Office of 
                Management and Budget;
                    (L) 1 shall be the Chief of Staff to the President;
                    (M) 1 shall be the Director of the Office, who 
                shall serve as the Executive Director of the Council;
                    (N) 1 shall be the Director of Central 
                Intelligence;
                    (O) 1 shall be the Assistant to the President for 
                National Security Affairs;
                    (P) 1 shall be the Counsel to the President;
                    (Q) 1 shall be the Chairman of the Joint Chiefs of 
                Staff; and
                    (R) 1 shall be the National Security Adviser to the 
                Vice President.
            (2) Additional members.--The President may, in the 
        discretion of the President, appoint additional members to the 
        Council.
    (c) Functions.--The Council shall advise and assist the President 
in--
            (1) providing direction and oversight for the national drug 
        control strategy, including relating drug control policy to 
        other national security interests and establishing priorities; 
        and
            (2) ensuring coordination among departments and agencies of 
        the Federal Government concerning implementation of the 
National Drug Control Strategy.
    (d) Administration.--
            (1) In general.--The Council may utilize established or ad 
        hoc committees, task forces, or interagency groups chaired by 
        the Director (or a representative of the Director) in carrying 
        out the functions of the Council under this section.
            (2) Staff.--The staff of the Office, in coordination with 
        the staffs of the Vice President and the Assistant to the 
        President for National Security Affairs, shall act as staff for 
        the Council.
            (3) Cooperation from other agencies.--Each department and 
        agency of the executive branch shall--
                    (A) cooperate with the Council in carrying out the 
                functions of the Council under this section; and
                    (B) provide such assistance, information, and 
                advice as the Council may request, to the extent 
                permitted by law.

SEC. 5409. PARENTS ADVISORY COUNCIL ON YOUTH DRUG ABUSE.

    (a) In General.--
            (1) Establishment.--There is established a Council to be 
        known as the Parents Advisory Council on Youth Drug Abuse 
        (referred to in this section as the ``Council'').
            (2) Membership.--
                    (A) Composition.--The Council shall be composed of 
                16 members, of whom--
                            (i) 4 shall be appointed by the President, 
                        each of whom shall be a parent or guardian of a 
                        child who is not less than 6 and not more than 
                        18 years of age as of the date on which the 
                        appointment is made;
                            (ii) 4 shall be appointed by the Majority 
                        Leader of the Senate, 3 of whom shall be a 
                        parent or guardian of a child who is not less 
                        than 6 and not more than 18 years of age as of 
                        the date on which the appointment is made;
                            (iii) 2 shall be appointed by the Minority 
                        Leader of the Senate, each of whom shall be a 
                        parent or guardian of a child who is not less 
                        than 6 and not more than 18 years of age as of 
                        the date on which the appointment is made;
                            (iv) 4 shall be appointed by the Speaker of 
                        the House of Representatives, 3 of whom shall 
                        be a parent or guardian of a child who is not 
                        less than 6 and not more than 18 years of age 
                        as of the date on which the appointment is 
                        made; and
                            (v) 2 shall be appointed by the Minority 
                        Leader of the House of Representatives, each of 
                        whom shall be a parent or guardian of a child 
                        who is not less than 6 and not more than 18 
                        years of age as of the date on which the 
                        appointment is made.
                    (B) Requirements.--
                            (i) In general.--Each member of the Council 
                        shall be an individual from the private sector 
                        with a demonstrated interest and expertise in 
                        research, education, treatment, or prevention 
                        activities related to youth drug abuse.
                            (ii) Representatives of nonprofit 
                        organizations.--Not less than 1 member 
                        appointed under each of clauses (i) through (v) 
                        of paragraph (1)(A) shall be a representative 
                        of a nonprofit organization focused on 
                        involving parents in antidrug education and 
                        prevention.
                    (C) Date.--The appointments of the initial members 
                of the Council shall be made not later than 60 days 
                after the date of enactment of this section.
                    (D) Director.--The Director may, in the discretion 
                of the Director, serve as an adviser to the Council and 
                attend such meetings and hearings of the Council as the 
                Director considers to be appropriate.
            (3) Period of appointment; vacancies.--
                    (A) Period of appointment.--Each member of the 
                Council shall be appointed for a term of 3 years, 
                except that, of the initial members of the Council--
                            (i) 1 member appointed under each of 
                        clauses (i) through (v) of paragraph (1)(A) 
                        shall be appointed for a term of 1 year; and
                            (ii) 1 member appointed under each of 
                        clauses (i) through (v) of paragraph (1)(A) 
                        shall be appointed for a term of 2 years.
                    (B) Vacancies.--Any vacancy in the Council shall 
                not affect its powers, provided that a quorum is 
present, but shall be filled in the same manner as the original 
appointment. Any member appointed to fill a vacancy occurring before 
the expiration of the term for which the member's predecessor was 
appointed shall be appointed only for the remainder of that term.
                    (C) Appointment of successor.--To the extent 
                necessary to prevent a vacancy in the membership of the 
                Council, a member of the Council may serve for not more 
                than 6 months after the expiration of the term of that 
                member, if the successor of that member has not been 
                appointed.
            (4) Initial meeting.--Not later than 120 days after the 
        date on which all initial members of the Council have been 
        appointed, the Council shall hold its first meeting.
            (5) Meetings.--The Council shall meet at the call of the 
        Chairperson.
            (6) Quorum.--Nine members of the Council shall constitute a 
        quorum, but a lesser number of members may hold hearings.
            (7) Chairperson and vice chairperson.--
                    (A) In general.--The members of the Council shall 
                select a Chairperson and Vice Chairperson from among 
                the members of the Council.
                    (B) Duties of chairperson.--The Chairperson of the 
                Council shall--
                            (i) serve as the executive director of the 
                        Council;
                            (ii) direct the administration of the 
                        Council;
                            (iii) assign officer and committee duties 
                        relating to the Council; and
                            (iv) issue the reports, policy positions, 
                        and statements of the Council.
                    (C) Duties of vice chairperson.--If the Chairperson 
                of the Council is unable to serve, the Vice Chairperson 
                shall serve as the Chairperson.
    (b) Duties of the Council.--
            (1) In general.--The Council--
                    (A) shall advise the President and the Members of 
                the Cabinet, including the Director, on drug 
                prevention, education, and treatment; and
                    (B) may issue reports and recommendations on drug 
                prevention, education, and treatment, in addition to 
                the annual report detailed in paragraph (2), as the 
                Council considers appropriate.
            (2) Submission to congress.--Any report or recommendation 
        issued by the Council shall be submitted to Congress.
            (3) Advice on the national drug control strategy.--Not 
        later than December 1, 1998, and on December 1 of each year 
        thereafter, the Council shall submit to the Director an annual 
        report containing drug control strategy recommendations on drug 
        prevention, education, and treatment. Each report submitted to 
        the Director under this paragraph shall be included as an 
        appendix to the report submitted by the Director under section 
        706(b).
    (c) Powers of the Council.--
            (1) Hearings.--The Council may hold such hearings, sit and 
        act at such times and places, take such testimony, and receive 
        such evidence as the Council considers advisable to carry out 
        this section.
            (2) Information from federal agencies.--The Council may 
        secure directly from any department or agency of the Federal 
        Government such information as the Council considers to be 
        necessary to carry out this section. Upon request of the 
        Chairperson of the Council, the head of that department or 
        agency shall furnish such information to the Council, unless 
        the head of that department or agency determines that 
        furnishing the information to the Council would threaten the 
        national security of the United States, the health, safety, or 
        privacy of any individual, or the integrity of an ongoing 
        investigation.
            (3) Postal services.--The Council may use the United States 
        mails in the same manner and under the same conditions as other 
        departments and agencies of the Federal Government.
            (4) Gifts.--The Council may solicit, accept, use, and 
        dispose of gifts or donations of services or property in 
        connection with performing the duties of the Council under this 
        section.
    (d) Expenses.--The members of the Council shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Council.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Council such sums as may be necessary carry out 
this section.

SEC. 5410. DRUG INTERDICTION.

    (a) Definition.--In this section, the term ``Federal drug control 
agency'' means--
            (1) the Office of National Drug Control Policy;
            (2) the Department of Defense;
            (3) the Drug Enforcement Administration;
            (4) the Federal Bureau of Investigation;
            (5) the Immigration and Naturalization Service;
            (6) the United States Coast Guard;
            (7) the United States Customs Service; and
            (8) any other department or agency of the Federal 
        Government that the Director determines to be relevant.
    (b) Report.--In order to assist Congress in determining the 
personnel, equipment, funding, and other resources that would be 
required by Federal drug control agencies in order to achieve a level 
of interdiction success at or above the highest level achieved before 
the date of enactment of this title, not later than 90 days after the 
date of enactment of this Act, the Director shall submit to Congress 
and to each Federal drug control program agency a report, which shall 
include--
            (1) with respect to the southern and western border regions 
        of the United States (including the Pacific coast, the border 
        with Mexico, the Gulf of Mexico coast, and other ports of 
        entry) and in overall totals, data relating to--
                    (A) the amount of marijuana, heroin, 
                methamphetamine, and cocaine--
                            (i) seized during the year of highest 
                        recorded seizures for each drug in each region 
                        and during the year of highest recorded overall 
                        seizures; and
                            (ii) disrupted during the year of highest 
                        recorded disruptions for each drug in each 
                        region and during the year of highest recorded 
                        overall seizures; and
                    (B) the number of persons arrested for violations 
                of section 1010(a) of the Controlled Substances Import 
                and Export Act (21 U.S.C. 960(a)) and related offenses 
                during the year of the highest number of arrests on 
                record for each region and during the year of highest 
                recorded overall arrests;
            (2) the price of cocaine, heroin, methamphetamine, and 
        marijuana during the year of highest price on record during the 
        preceding 10-year period, adjusted for purity where possible; 
        and
            (3) a description of the personnel, equipment, funding, and 
        other resources of the Federal drug control agency devoted to 
        drug interdiction and securing the borders of the United States 
        against drug trafficking for each of the years identified in 
        paragraphs (1) and (2) for each Federal drug control agency.
    (b) Budget Process.--
            (1) Information to director.--Based on the report submitted 
        under subsection (b), each Federal drug control agency shall 
        submit to the Director, as part of each annual drug control 
        budget request submitted by the Federal drug control agency to 
        the Director under section 704(c)(2), a description of the 
        specific personnel, equipment, funding, and other resources 
        that would be required for the Federal drug control agency to 
        meet or exceed the highest level of interdiction success for 
        that agency identified in the report submitted under subsection 
        (b).
            (2) Information to congress.--The Director shall include 
        each submission under paragraph (1) in each annual consolidated 
        National Drug Control Program budget proposal submitted by the 
        Director to Congress under section 704(c), which submission 
        shall be accompanied by a description of any additional 
        resources that would be required by the Federal drug control 
        agencies to meet the highest level of interdiction success 
        identified in the report submitted under subsection (b).

SEC. 5411. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING IN THE 
              WESTERN HEMISPHERE.

    (a) Sense of Congress on Discussions for Alliance.--
            (1) Sense of congress.--It is the sense of Congress that 
        the President should discuss with the democratically elected 
        governments of the Western Hemisphere the prospect of forming a 
        multilateral alliance to address problems relating to 
        international drug trafficking in the Western Hemisphere.
            (2) Consultations.--In the consultations on the prospect of 
        forming an alliance described in paragraph (1), the President 
        should seek the input of such governments on the possibility of 
        forming 1 or more structures within the alliance--
                    (A) to develop a regional, multilateral strategy to 
                address the threat posed to nations in the Western 
Hemisphere by drug trafficking; and
                    (B) to establish a new mechanism for improving 
                multilateral coordination of drug interdiction and 
                drug-related law enforcement activities in the Western 
                Hemisphere.
    (b) Report.--
            (1) Requirement.--Not later than 60 days after the date of 
        enactment of this Act, the President shall submit to Congress a 
        report on the proposal discussed under subsection (a), which 
        shall include--
                    (A) an analysis of the reactions of the governments 
                concerned to the proposal;
                    (B) an assessment of the proposal, including an 
                evaluation of the feasibility and advisability of 
                forming the alliance;
                    (C) a determination in light of the analysis and 
                assessment whether or not the formation of the alliance 
                is in the national interests of the United States;
                    (D) if the President determines that the formation 
                of the alliance is in the national interests of the 
                United States, a plan for encouraging and facilitating 
                the formation of the alliance; and
                    (E) if the President determines that the formation 
                of the alliance is not in the national interests of the 
                United States, an alternative proposal to improve 
                significantly efforts against the threats posed by 
                narcotics trafficking in the Western Hemisphere, 
                including an explanation of the manner in which the 
                alternative proposal will--
                            (i) improve upon current cooperation and 
                        coordination of counter-drug efforts among 
                        nations in the Western Hemisphere;
                            (ii) provide for the allocation of the 
                        resources required to make significant progress 
                        in disrupting and disbanding the criminal 
                        organizations responsible for the trafficking 
                        of illegal drugs in the Western Hemisphere; and
                            (iii) differ from and improve upon past 
                        strategies adopted by the United States 
                        Government which have failed to make sufficient 
                        progress against the trafficking of illegal 
                        drugs in the Western Hemisphere.
            (2) Unclassified form.--The report under paragraph (1) 
        shall be submitted in unclassified form, but may contain a 
        classified annex.

SEC. 5412. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

    Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 
U.S.C. 1509) is amended--
            (1) in subsection (b)--
                    (A) by striking ``section 524(c)(9)'' and inserting 
                ``section 524(c)(8)''; and
                    (B) by striking ``section 9307(g)'' and inserting 
                ``section 9703(g)''; and
            (2) in subsection (e), by striking ``strategy'' and 
        inserting ``Strategy''.

SEC. 5413. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Title 5, United States Code.--Chapter 53 of title 5, United 
States Code, is amended--
            (1) in section 5312, by adding at the end the following:
            ``Director of National Drug Control Policy.'';
            (2) in section 5313, by adding at the end the following:
            ``Deputy Director of National Drug Control Policy.''; and
            (3) in section 5314, by adding at the end the following:
            ``Deputy Director for Demand Reduction, Office of National 
        Drug Control Policy.
            ``Deputy Director for Supply Reduction, Office of National 
        Drug Control Policy.
            ``Deputy Director for State and Local Affairs, Office of 
        National Drug Control Policy.''.
    (b) National Security Act of 1947.--Section 101 of the National 
Security Act of 1947 (50 U.S.C. 402) is amended by redesignating 
subsection (f) as subsection (g) and inserting after subsection (e) the 
following:
    ``(f) The Director of National Drug Control Policy may, in the role 
of the Director as principal adviser to the National Security Council 
on national drug control policy, and subject to the direction of the 
President, attend and participate in meetings of the National Security 
Council.''.
    (c) Submission of National Drug Control Program Budget With Annual 
Budget Request of President.--Section 1105(a) of title 31, United 
States Code, is amended by inserting after paragraph (25) the 
following:
            ``(26) a separate statement of the amount of appropriations 
        requested for the Office of National Drug Control Policy and 
each program of the National Drug Control Program.''.

SEC. 5414. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title, to 
remain available until expended, such sums as may be necessary for each 
of fiscal years 1998 through 2002.

SEC. 5415. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.

    (a) In General.--Except as provided in subsection (b), effective on 
September 30, 2002, this title and the amendments made by this title 
are repealed.
    (b) Exception.--Subsection (a) does not apply to section 713 or the 
amendments made by that section.

                       PART 2--STATE INITIATIVES

SEC. 5416. STUDY ON EFFECTS OF CALIFORNIA AND ARIZONA DRUG INITIATIVES.

    (a) Definition.--In this section, the term ``controlled substance'' 
has the same meaning as in section 102 of the Controlled Substances Act 
(21 U.S.C. 802).
    (b) Study.--The Director of National Drug Control Policy, in 
consultation with the Attorney General and the Secretary of Health and 
Human Services, shall conduct a study on the effect of the 1996 voter 
referenda in California and Arizona concerning the medicinal use of 
marijuana and other controlled substances, respectively, on--
            (1) marijuana usage in Arizona and California;
            (2) usage of other controlled substances in Arizona and 
        California;
            (3) perceptions of youth of the dangerousness of marijuana 
        and other controlled substances in Arizona and California;
            (4) emergency room admissions for drug abuse in Arizona and 
        California;
            (5) seizures of controlled substances in Arizona and 
        California;
            (6) arrest rates for use of controlled substances in 
        Arizona and California;
            (7) arrest rates for trafficking of controlled substances 
        in Arizona and California;
            (8) conviction rates in cases concerning use of controlled 
        substances in Arizona and California; and
            (9) conviction rates in jury trials concerning use of 
        controlled substances in Arizona and California.
    (c) Report.--Not later than January 1, 2000, the Director of 
National Drug Policy, in consultation with the Attorney General and the 
Secretary of Health and Human Services, shall--
            (1) issue a report on the results of the study under 
        subsection (b); and
            (2) submit a copy of the report to the Committees on the 
        Judiciary of the House of Representatives and the Senate.
    (d) Authorizations.--There are authorized to be appropriated to 
carry out this section such sums as may be necessary for each of the 
fiscal years 1999 and 2000.

Subtitle F--Improving Effectiveness of Youth Crime and Drug Prevention 
                                Efforts

SEC. 5501. COMPREHENSIVE STUDY BY NATIONAL ACADEMY OF SCIENCE.

    (a) In General.--The Attorney General shall enter into a contract 
with a public or nonprofit private entity, subject to subsection (b), 
for the purpose of conducting a study or studies--
            (1) to evaluate the effectiveness of federally funded 
        programs for preventing youth violence and youth substance 
        abuse;
            (2) to evaluate the effectiveness of federally funded grant 
        programs for preventing criminal victimization of juveniles;
            (3) to identify specific Federal programs and programs that 
        receive Federal funds that contribute to reductions in youth 
        violence, youth substance abuse, and risk factors among youth 
        that lead to violent behavior and substance abuse;
            (4) to identify specific programs that have not achieved 
        their intended results; and
            (5) to make specific recommendations on programs that--
                    (A) should receive continued or increased funding 
                because of their proven success; or
                    (B) should have their funding terminated or reduced 
                because of their lack of effectiveness.
    (b) National Academy of Sciences.--The Attorney General shall 
request the National Academy of Sciences to enter into the contract 
under subsection (a) to conduct the study or studies described in 
subsection (a). If the Academy declines to conduct the study, the 
Attorney General shall carry out such subsection through other public 
or nonprofit private entities.
    (c) Assistance.--In conducting the study under subsection (a) the 
contracting party may obtain analytic assistance, data, and other 
relevant materials from the Department of Justice and any other 
appropriate Federal agency.
    (d) Reporting Requirements.--
            (1) In general.--Not later than January 1, 2000, the 
        Attorney General shall submit a report describing the findings 
        made as a result of the study required by subsection (a) to the 
        Committee on the Judiciary and the Committee on Economic and 
        Educational Opportunity of the House of Representatives and the 
        Committee on the Judiciary and the Committee on Labor and Human 
        Resources of the Senate.
            (2) Contents.--The report required by this subsection shall 
        contain specific recommendations concerning funding levels for 
        the programs evaluated. Reports on the effectiveness of such 
        programs and recommendations on funding shall be provided to 
        the appropriate subcommittees of the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Appropriations of the Senate.
    (e) Funding.--There are authorized to be appropriated to carry out 
the study under subsection (a) $1,000,000,000.

SEC. 5502. EVALUATION OF CRIME PREVENTION PROGRAMS.

    The Attorney General, with respect to the programs in titles II, 
III, and IV of this Act shall provide, directly or through grants and 
contracts, for the comprehensive and thorough evaluation of the 
effectiveness of each program established by this Act and the 
amendments made by this Act.

SEC. 5503. EVALUATION AND RESEARCH CRITERIA.

    (a) Independent Evaluations and Research.--Evaluations and research 
studies conducted pursuant to this subtitle shall be independent in 
nature, and shall employ rigorous and scientifically recognized 
standards and methodologies.
    (b) Content of Evaluations.--Evaluations conducted pursuant to this 
title may include comparison between youth participating in the 
programs and the community at large of rates of--
            (1) delinquency, youth crime, youth gang activity, youth 
        substance abuse, and other high risk factors;
            (2) risk factors in young people that contribute to 
        juvenile violence, including academic failure, excessive school 
        absenteeism, and dropping out of school;
            (3) risk factors in the community, schools, and family 
        environments that contribute to youth violence; and
            (4) criminal victimizations of youth.

SEC. 5504. COMPLIANCE WITH EVALUATION MANDATE.

    The Attorney General may require the recipients of Federal 
assistance for programs under this Act to collect, maintain, and report 
information considered to be relevant to any evaluation conducted 
pursuant to section 5502, and to conduct and participate in specified 
evaluation and assessment activities and functions.

SEC. 5505. RESERVATION OF AMOUNTS FOR EVALUATION AND RESEARCH.

    (a) In General.--The Attorney General, with respect to titles II, 
III, and IV shall reserve not less than 2 percent, and not more than 4 
percent, of the amounts made available pursuant to such titles and the 
amendments made by such titles in each fiscal year to carry out the 
evaluation and research required by this title.
    (b) Assistance to Grantees and Evaluated Programs.--To facilitate 
the conduct and defray the costs of crime prevention program evaluation 
and research, the Attorney General shall use amounts reserved under 
this section to provide compliance assistance to grantees under this 
Act who are selected to participate in evaluations pursuant to section 
5502.

SEC. 5506. SENSE OF SENATE REGARDING FUNDING FOR PROGRAMS DETERMINED TO 
              BE INEFFECTIVE.

    It is the sense of the Senate that programs identified in the study 
performed pursuant to section 5501 as being ineffective in addressing 
juvenile crime and substance abuse should not receive Federal funding 
in any fiscal year following the issuance of such study.

                   TITLE VI--CRIMINAL HISTORY RECORDS

              Subtitle A--National Criminal History Access

SEC. 6001. SHORT TITLE.

    This title may be cited as the ``National Crime Prevention and 
Privacy Compact Act of 1998''.

SEC. 6002. FINDINGS.

    Congress finds that--
            (1) both the Federal Bureau of Investigation and State 
        criminal history record repositories maintain fingerprint-based 
        criminal history records;
            (2) these criminal history records are shared and exchanged 
        for criminal justice purposes through a Federal-State program 
        known as the Interstate Identification Index System;
            (3) although these records are also exchanged for legally 
        authorized, noncriminal justice uses, such as governmental 
licensing and employment background checks, the purposes for and 
procedures by which they are exchanged vary widely from State to State;
            (4) an interstate and Federal-State compact is necessary to 
        facilitate authorized interstate criminal history record 
        exchanges for noncriminal justice purposes on a uniform basis, 
        while permitting each State to effectuate its own dissemination 
        policy within its own borders; and
            (5) such a compact will allow Federal and State records to 
        be provided expeditiously to governmental and nongovernmental 
        agencies that use such records in accordance with pertinent 
        Federal and State law, while simultaneously enhancing the 
        accuracy of the records and safeguarding the information 
        contained therein from unauthorized disclosure or use.

SEC. 6003. DEFINITIONS.

    In this title:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (2) Compact.--The term ``Compact'' means the National Crime 
        Prevention and Privacy Compact set forth in section 107.
            (3) Council.--The term ``Council'' means the Compact 
        Council established under Article VI of the Compact.
            (4) FBI.--The term ``FBI'' means the Federal Bureau of 
        Investigation.
            (5) Party state.--The term ``Party State'' means a State 
        that has ratified the Compact.
            (6) State.--The term ``State'' means any State, territory, 
        or possession of the United States, the District of Columbia, 
        and the Commonwealth of Puerto Rico.

SEC. 6004. ENACTMENT AND CONSENT OF THE UNITED STATES.

    The National Crime Prevention and Privacy Compact, as set forth in 
section 107, is enacted into law and entered into by the Federal 
Government. The consent of Congress is given to States to enter into 
the Compact.

SEC. 6005. EFFECT ON OTHER LAWS.

    (a) Privacy Act of 1974.--Nothing in the Compact shall affect the 
obligations and responsibilities of the FBI under section 552a of title 
5, United States Code (commonly known as the ``Privacy Act of 1974'').
    (b) Access to Certain Records Not Affected.--Nothing in the Compact 
shall interfere in any manner with--
            (1) access, direct or otherwise, to records pursuant to--
                    (A) section 9101 of title 5, United States Code;
                    (B) the National Child Protection Act of 1993 (42 
                U.S.C. 5119 et seq.);
                    (C) the Brady Handgun Violence Prevention Act 
                (Public Law 103-159; 107 Stat. 1536);
                    (D) the Violent Crime Control and Law Enforcement 
                Act of 1994 (Public Law 103-322; 108 Stat. 2074) or any 
                amendment made by that Act;
                    (E) the United States Housing Act of 1937 (42 
                U.S.C. 1437 et seq.); or
                    (F) the Native American Housing Assistance and 
                Self-Determination Act of 1996 (25 U.S.C. 4101 et 
                seq.); or
            (2) any direct access to Federal criminal history records 
        authorized by law.
    (c) Authority of FBI Under Departments of State, Justice, and 
Commerce, the Judiciary, and Related Agencies Appropriation Act, 
1973.--Nothing in the Compact shall be construed to affect the 
authority of the FBI under the Departments of State, Justice, and 
Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 
(Public Law 92-544 (86 Stat. 1115)).
    (d) Federal Advisory Committee Act.--The Council shall not be 
considered to be a Federal advisory committee for purposes of the 
Federal Advisory Committee Act (5 U.S.C. App.).
    (e) Members of Council Not Federal Officers or Employees.--Members 
of the Council (other than a member from the FBI or any at-large member 
who may be a Federal official or employee) shall not, by virtue of such 
membership, be deemed--
            (1) to be, for any purpose other than to effect the 
        Compact, officers or employees of the United States (as defined 
        in sections 2104 and 2105 of title 5, United States Code); or
            (2) to become entitled by reason of Council membership to 
        any compensation or benefit payable or made available by the 
        Federal Government to its officers or employees.

SEC. 6006. ENFORCEMENT AND IMPLEMENTATION.

    All departments, agencies, officers, and employees of the United 
States shall enforce the Compact and cooperate with one another and 
with all Party States in enforcing the Compact and effectuating its 
purposes. For the Federal Government, the Attorney General shall make 
such rules, prescribe such instructions, and take such other actions as 
may be necessary to carry out the Compact and this title.

SEC. 6007. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT.

    The Contracting Parties agree to the following:

                                Overview

    (a) In General.--This Compact organizes an electronic information 
sharing system among the Federal Government and the States to exchange 
criminal history records for noncriminal justice purposes authorized by 
Federal or State law, such as background checks for governmental 
licensing and employment.
    (b) Obligations of Parties.--Under this Compact, the FBI and the 
Party States agree to maintain detailed databases of their respective 
criminal history records, including arrests and dispositions, and to 
make them available to the Federal Government and to Party States for 
authorized purposes. The FBI shall also manage the Federal data 
facilities that provide a significant part of the infrastructure for 
the system.

                         ARTICLE I--DEFINITIONS

    In this Compact:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States;
            (2) Compact officer.--The term ``Compact officer'' means--
                    (A) with respect to the Federal Government, an 
                official so designated by the Director of the FBI; and
                    (B) with respect to a Party State, the chief 
                administrator of the State's criminal history record 
                repository or a designee of the chief administrator who 
                is a regular full-time employee of the repository.
            (3) Council.--The term ``Council'' means the Compact 
        Council established under Article VI.
            (4) Criminal history records.--The term ``criminal history 
        records''--
                    (A) means information collected by criminal justice 
                agencies on individuals consisting of identifiable 
                descriptions and notations of arrests, detentions, 
                indictments, or other formal criminal charges, and any 
                disposition arising therefrom, including acquittal, 
                sentencing, correctional supervision, or release; and
                    (B) does not include identification information 
                such as fingerprint records if such information does 
                not indicate involvement of the individual with the 
                criminal justice system.
            (5) Criminal history record repository.--The term 
        ``criminal history record repository'' means the State agency 
        designated by the Governor or other appropriate executive 
        official or the legislature of a State to perform centralized 
        recordkeeping functions for criminal history records and 
        services in the State.
            (6) Criminal justice.--The term ``criminal justice'' 
        includes activities relating to the detection, apprehension, 
        detention, pretrial release, post-trial release, prosecution, 
        adjudication, correctional supervision, or rehabilitation of 
        accused persons or criminal offenders. The administration of 
        criminal justice includes criminal identification activities 
        and the collection, storage, and dissemination of criminal 
        history records.
            (7) Criminal justice agency.--The term ``criminal justice 
        agency''--
                    (A) means--
                            (i) courts; and
                            (ii) a governmental agency or any subunit 
                        thereof that--
                                    (I) performs the administration of 
                                criminal justice pursuant to a statute 
                                or Executive order; and
                                    (II) allocates a substantial part 
                                of its annual budget to the 
                                administration of criminal justice; and
                    (B) includes Federal and State inspectors general 
                offices.
            (8) Criminal justice services.--The term ``criminal justice 
        services'' means services provided by the FBI to criminal 
        justice agencies in response to a request for information about 
        a particular individual or as an update to information 
        previously provided for criminal justice purposes.
            (9) Criterion offense.--The term ``criterion offense'' 
        means any felony or misdemeanor offense not included on the 
        list of nonserious offenses published periodically by the FBI.
            (10) Direct access.--The term ``direct access'' means 
        access to the National Identification Index by computer 
        terminal or other automated means not requiring the assistance 
        of or intervention by any other party or agency.
            (11) Executive order.--The term ``Executive order'' means 
        an order of the President of the United States or the chief 
        executive officer of a State that has the force of law and that 
        is promulgated in accordance with applicable law.
            (12) FBI.--The term ``FBI'' means the Federal Bureau of 
        Investigation.
            (13) Interstate identification system.--The term 
        ``Interstate Identification Index System'' or ``III System''--
                    (A) means the cooperative Federal-State system for 
                the exchange of criminal history records; and
                    (B) includes the National Identification Index, the 
                National Fingerprint File and, to the extent of their 
                participation in such system, the criminal history 
                record repositories of the States and the FBI.
            (14) National fingerprint file.--The term ``National 
        Fingerprint File'' means a database of fingerprints, or other 
        uniquely personal identifying information, relating to an 
        arrested or charged individual maintained by the FBI to provide 
        positive identification of record subjects indexed in the III 
        System.
            (15) National identification index.--The term ``National 
        Identification Index'' means an index maintained by the FBI 
        consisting of names, identifying numbers, and other descriptive 
        information relating to record subjects about whom there are 
        criminal history records in the III System.
            (16) National indices.--The term ``National indices'' means 
        the National Identification Index and the National Fingerprint 
        File.
            (17) Nonparty state.--The term ``Nonparty State'' means a 
        State that has not ratified this Compact.
            (18) Noncriminal justice purposes.--The term ``noncriminal 
        justice purposes'' means uses of criminal history records for 
        purposes authorized by Federal or State law other than purposes 
        relating to criminal justice activities, including employment 
        suitability, licensing determinations, immigration and 
        naturalization matters, and national security clearances.
            (19) Party state.--The term ``Party State'' means a State 
        that has ratified this Compact.
            (20) Positive identification.--The term ``positive 
        identification'' means a determination, based upon a comparison 
        of fingerprints or other equally reliable biometric 
        identification techniques, that the subject of a record search 
        is the same person as the subject of a criminal history record 
        or records indexed in the III System. Identifications based 
        solely upon a comparison of subjects' names or other nonunique 
        identification characteristics or numbers, or combinations 
        thereof, shall not constitute positive identification.
            (21) Sealed record information.--The term ``sealed record 
        information'' means--
                    (A) with respect to adults, that portion of a 
                record that is--
                            (i) not available for criminal justice 
                        uses;
                            (ii) not supported by fingerprints or other 
                        accepted means of positive identification; or
                            (iii) subject to restrictions on 
                        dissemination for noncriminal justice purposes 
                        pursuant to a court order related to a 
                        particular subject or pursuant to a Federal or 
                        State statute that requires action on a sealing 
                        petition filed by a particular record subject; 
                        and
                    (B) with respect to juveniles, whatever each State 
                determines is a sealed record under its own law and 
                procedure.
            (22) State.--The term ``State'' means any State, territory, 
        or possession of the United States, the District of Columbia, 
        and the Commonwealth of Puerto Rico.

                          ARTICLE II--PURPOSES

    The purposes of this Compact are to--
            (1) provide a legal framework for the establishment of a 
        cooperative Federal-State system for the interstate and 
        Federal-State exchange of criminal history records for 
        noncriminal justice uses;
            (2) require the FBI to permit use of the National 
        Identification Index and the National Fingerprint File by each 
        Party State, and to provide, in a timely fashion, Federal and 
        State criminal history records to requesting States, in 
        accordance with the terms of this Compact and with rules, 
        procedures, and standards established by the Council under 
        Article VI;
            (3) require Party States to provide information and records 
        for the National Identification Index and the National 
        Fingerprint File and to provide criminal history records, in a 
        timely fashion, to criminal history record repositories of 
other States and the Federal Government for noncriminal justice 
purposes, in accordance with the terms of this Compact and with rules, 
procedures, and standards established by the Council under Article VI;
            (4) provide for the establishment of a Council to monitor 
        III System operations and to prescribe system rules and 
        procedures for the effective and proper operation of the III 
        System for noncriminal justice purposes; and
            (5) require the FBI and each Party State to adhere to III 
        System standards concerning record dissemination and use, 
        response times, system security, data quality, and other duly 
        established standards, including those that enhance the 
        accuracy and privacy of such records.

            ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES

    (a) FBI Responsibilities.--The Director of the FBI shall--
            (1) appoint an FBI Compact officer who shall--
                    (A) administer this Compact within the Department 
                of Justice and among Federal agencies and other 
                agencies and organizations that submit search requests 
                to the FBI pursuant to Article V(c);
                    (B) ensure that Compact provisions and rules, 
                procedures, and standards prescribed by the Council 
                under Article VI are complied with by the Department of 
                Justice and the Federal agencies and other agencies and 
                organizations referred to in Article III(1)(A); and
                    (C) regulate the use of records received by means 
                of the III System from Party States when such records 
                are supplied by the FBI directly to other Federal 
                agencies;
            (2) provide to Federal agencies and to State criminal 
        history record repositories, criminal history records 
        maintained in its database for the noncriminal justice purposes 
        described in Article IV, including--
                    (A) information from Nonparty States; and
                    (B) information from Party States that is available 
                from the FBI through the III System, but is not 
                available from the Party State through the III System;
            (3) provide a telecommunications network and maintain 
        centralized facilities for the exchange of criminal history 
        records for both criminal justice purposes and the noncriminal 
        justice purposes described in Article IV, and ensure that the 
        exchange of such records for criminal justice purposes has 
        priority over exchange for noncriminal justice purposes; and
            (4) modify or enter into user agreements with Nonparty 
        State criminal history record repositories to require them to 
        establish record request procedures conforming to those 
        prescribed in Article V.
    (b) State Responsibilities.--Each Party State shall--
            (1) appoint a Compact officer who shall--
                    (A) administer this Compact within that State;
                    (B) ensure that Compact provisions and rules, 
                procedures, and standards established by the Council 
                under Article VI are complied with in the State; and
                    (C) regulate the in-State use of records received 
                by means of the III System from the FBI or from other 
                Party States;
            (2) establish and maintain a criminal history record 
        repository, which shall provide--
                    (A) information and records for the National 
                Identification Index and the National Fingerprint File; 
                and
                    (B) the State's III System-indexed criminal history 
                records for noncriminal justice purposes described in 
                Article IV;
            (3) participate in the National Fingerprint File; and
            (4) provide and maintain telecommunications links and 
        related equipment necessary to support the services set forth 
        in this Compact.
    (c) Compliance With III System Standards.--In carrying out their 
responsibilities under this Compact, the FBI and each Party State shall 
comply with III System rules, procedures, and standards duly 
established by the Council concerning record dissemination and use, 
response times, data quality, system security, accuracy, privacy 
protection, and other aspects of III System operation.
    (d) Maintenance of Record Services.--
            (1) Use of the III System for noncriminal justice purposes 
        authorized in this Compact shall be managed so as not to 
        diminish the level of services provided in support of criminal 
        justice purposes.
            (2) Administration of Compact provisions shall not reduce 
        the level of service available to authorized noncriminal 
justice users on the effective date of this Compact.

               ARTICLE IV--AUTHORIZED RECORD DISCLOSURES

    (a) State Criminal History Record Repositories.--To the extent 
authorized by section 552a of title 5, United States Code (commonly 
known as the ``Privacy Act of 1974''), the FBI shall provide on request 
criminal history records (excluding sealed records) to State criminal 
history record repositories for noncriminal justice purposes allowed by 
Federal statute, Federal Executive order, or a State statute that has 
been approved by the Attorney General and that authorizes national 
indices checks.
    (b) Criminal Justice Agencies and Other Governmental or 
Nongovernmental Agencies.--The FBI, to the extent authorized by section 
552a of title 5, United States Code (commonly known as the ``Privacy 
Act of 1974''), and State criminal history record repositories shall 
provide criminal history records (excluding sealed records) to criminal 
justice agencies and other governmental or nongovernmental agencies for 
noncriminal justice purposes allowed by Federal statute, Federal 
Executive order, or a State statute that has been approved by the 
Attorney General, that authorizes national indices checks.
    (c) Procedures.--Any record obtained under this Compact may be used 
only for the official purposes for which the record was requested. Each 
Compact officer shall establish procedures, consistent with this 
Compact, and with rules, procedures, and standards established by the 
Council under Article VI, which procedures shall protect the accuracy 
and privacy of the records, and shall--
            (1) ensure that records obtained under this Compact are 
        used only by authorized officials for authorized purposes;
            (2) require that subsequent record checks are requested to 
        obtain current information whenever a new need arises; and
            (3) ensure that record entries that may not legally be used 
        for a particular noncriminal justice purpose are deleted from 
        the response and, if no information authorized for release 
        remains, an appropriate ``no record'' response is communicated 
        to the requesting official.

                  ARTICLE V--RECORD REQUEST PROCEDURES

    (a) Positive Identification.--Subject fingerprints or other 
approved forms of positive identification shall be submitted with all 
requests for criminal history record checks for noncriminal justice 
purposes.
    (b) Submission of State Requests.--Each request for a criminal 
history record check utilizing the national indices made under any 
approved State statute shall be submitted through that State's criminal 
history record repository. A State criminal history record repository 
shall process an interstate request for noncriminal justice purposes 
through the national indices only if such request is transmitted 
through another State criminal history record repository or the FBI.
    (c) Submission of Federal Requests.--Each request for criminal 
history record checks utilizing the national indices made under Federal 
authority shall be submitted through the FBI or, if the State criminal 
history record repository consents to process fingerprint submissions, 
through the criminal history record repository in the State in which 
such request originated. Direct access to the National Identification 
Index by entities other than the FBI and State criminal history records 
repositories shall not be permitted for noncriminal justice purposes.
    (d) Fees.--A State criminal history record repository or the FBI--
            (1) may charge a fee, in accordance with applicable law, 
        for handling a request involving fingerprint processing for 
        noncriminal justice purposes; and
            (2) may not charge a fee for providing criminal history 
        records in response to an electronic request for a record that 
        does not involve a request to process fingerprints.
    (e) Additional Search.--
            (1) If a State criminal history record repository cannot 
        positively identify the subject of a record request made for 
        noncriminal justice purposes, the request, together with 
        fingerprints or other approved identifying information, shall 
        be forwarded to the FBI for a search of the national indices.
            (2) If, with respect to an request forwarded by a State 
        criminal history record repository under paragraph (1), the FBI 
        positively identifies the subject as having a III System-
        indexed record or records--
                    (A) the FBI shall so advise the State criminal 
                history record repository; and
                    (B) the State criminal history record repository 
                shall be entitled to obtain the additional criminal 
                history record information from the FBI or other State 
                criminal history record repositories.

              ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL

    (a) Establishment.--
            (1) In general.--There is established a council to be known 
        as the ``Compact Council'', which shall have the authority to 
        promulgate rules and procedures governing the use of the III 
        System for noncriminal justice purposes, not to conflict with 
        FBI administration of the III System for criminal justice 
        purposes.
            (2) Organization.--The Council shall--
                    (A) continue in existence as long as this Compact 
                remains in effect;
                    (B) be located, for administrative purposes, within 
                the FBI; and
                    (C) be organized and hold its first meeting as soon 
                as practicable after the effective date of this 
                Compact.
    (b) Membership.--The Council shall be composed of 15 members, each 
of whom shall be appointed by the Attorney General, as follows:
            (1) Nine members, each of whom shall serve a 2-year term, 
        who shall be selected from among the Compact officers of Party 
        States based on the recommendation of the Compact officers of 
        all Party States, except that, in the absence of the requisite 
        number of Compact officers available to serve, the chief 
        administrators of the criminal history record repositories of 
        Nonparty States shall be eligible to serve on an interim basis.
            (2) Two at-large members, nominated by the Director of the 
        FBI, each of whom shall serve a 3-year term, of whom--
                    (A) 1 shall be a representative of the criminal 
                justice agencies of the Federal Government and may not 
                be an employee of the FBI; and
                    (B) 1 shall be a representative of the noncriminal 
                justice agencies of the Federal Government.
            (3) Two at-large members, nominated by the Chairman of the 
        Council, once the Chairman is elected pursuant to Article 
        VI(c), each of whom shall serve a 3-year term, of whom--
                    (A) 1 shall be a representative of State or local 
                criminal justice agencies; and
                    (B) 1 shall be a representative of State or local 
                noncriminal justice agencies.
            (4) One member, who shall serve a 3-year term, and who 
        shall simultaneously be a member of the FBI's advisory policy 
        board on criminal justice information services, nominated by 
        the membership of that policy board.
            (5) One member, nominated by the Director of the FBI, who 
        shall serve a 3-year term, and who shall be an employee of the 
        FBI.
    (c) Chairman and Vice Chairman.--
            (1) In general.--From its membership, the Council shall 
        elect a Chairman and a Vice Chairman of the Council, 
        respectively. Both the Chairman and Vice Chairman of the 
        Council--
                    (A) shall be a Compact officer, unless there is no 
                Compact officer on the Council who is willing to serve, 
                in which case the Chairman may be an at-large member; 
                and
                    (B) shall serve a 2-year term and may be reelected 
                to only 1 additional 2-year term.
            (2) Duties of vice chairman.--The Vice Chairman of the 
        Council shall serve as the Chairman of the Council in the 
        absence of the Chairman.
    (d) Meetings.--
            (1) In general.--The Council shall meet a least once each 
        year at the call of the Chairman. Each meeting of the Council 
        shall be open to the public. The Council shall provide prior 
        public notice in the Federal Register of each meeting of the 
        Council, including the matters to be addressed at such meeting.
            (2) Quorum.--A majority of the Council or any committee of 
        the Council shall constitute a quorum of the Council or of such 
        committee, respectively, for the conduct of business. A lesser 
        number may meet to hold hearings, take testimony, or conduct 
        any business not requiring a vote.
    (e) Rules, Procedures, and Standards.--The Council shall make 
available for public inspection and copying at the Council office 
within the FBI, and shall publish in the Federal Register, any rules, 
procedures, or standards established by the Council.
    (f) Assistance From FBI.--The Council may request from the FBI such 
reports, studies, statistics, or other information or materials as the 
Council determines to be necessary to enable the Council to perform its 
duties under this Compact. The FBI, to the extent authorized by law, 
may provide such assistance or information upon such a request.
    (g) Committees.--The Chairman may establish committees as necessary 
to carry out this Compact and may prescribe their membership, 
responsibilities, and duration.

                  ARTICLE VII--RATIFICATION OF COMPACT

    This Compact shall take effect upon being entered into by 2 or more 
States as between those States and the Federal Government. Upon 
subsequent entering into this Compact by additional States, it shall 
become effective among those States and the Federal Government and each 
Party State that has previously ratified it. When ratified, this 
Compact shall have the full force and effect of law within the 
ratifying jurisdictions. The form of ratification shall be in 
accordance with the laws of the executing State.

                 ARTICLE VIII--MISCELLANEOUS PROVISIONS

    (a) Relation of Compact to Certain FBI Activities.--Administration 
of this Compact shall not interfere with the management and control of 
the Director of the FBI over the FBI's collection and dissemination of 
criminal history records and the advisory function of the FBI's 
advisory policy board chartered under the Federal Advisory Committee 
Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
    (b) No Authority for Nonappropriated Expenditures.--Nothing in this 
Compact shall require the FBI to obligate or expend funds beyond those 
appropriated to the FBI.
    (c) Relating to Public Law 92-544.--Nothing in this Compact shall 
diminish or lessen the obligations, responsibilities, and authorities 
of any State, whether a Party State or a Nonparty State, or of any 
criminal history record repository or other subdivision or component 
thereof, under the Departments of State, Justice, and Commerce, the 
Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-
544), or regulations and guidelines promulgated thereunder, including 
the rules and procedures promulgated by the Council under Article 
VI(a), regarding the use and dissemination of criminal history records 
and information.

                        ARTICLE IX--RENUNCIATION

    (a) In General.--This Compact shall bind each Party State until 
renounced by the Party State.
    (b) Effect.--Any renunciation of this Compact by a Party State 
shall--
            (1) be effected in the same manner by which the Party State 
        ratified this Compact; and
            (2) become effective 180 days after written notice of 
        renunciation is provided by the Party State to each other Party 
        State and to the Federal Government.

                        ARTICLE X--SEVERABILITY

    The provisions of this Compact shall be severable, and if any 
phrase, clause, sentence, or provision of this Compact is declared to 
be contrary to the constitution of any participating State, or to the 
Constitution of the United States, or the applicability thereof to any 
government, agency, person, or circumstance is held invalid, the 
validity of the remainder of this Compact and the applicability thereof 
to any government, agency, person, or circumstance shall not be 
affected thereby. If a portion of this Compact is held contrary to the 
constitution of any Party State, all other portions of this Compact 
shall remain in full force and effect as to the remaining Party States 
and in full force and effect as to the Party State affected, as to all 
other provisions.

                  ARTICLE XI--ADJUDICATION OF DISPUTES

    (a) In General.--The Council shall--
            (1) have initial authority to make determinations with 
        respect to any dispute regarding--
                    (A) interpretation of this Compact;
                    (B) any rule or standard established by the Council 
                pursuant to Article V; and
                    (C) any dispute or controversy between any parties 
                to this Compact; and
            (2) hold a hearing concerning any dispute described in 
        paragraph (1) at a regularly scheduled meeting of the Council 
        and only render a decision based upon a majority vote of the 
        members of the Council. Such decision shall be published 
        pursuant to the requirements of Article VI(e).
    (b) Duties of FBI.--The FBI shall exercise immediate and necessary 
action to preserve the integrity of the III System, maintain system 
policy and standards, protect the accuracy and privacy of records, and 
to prevent abuses, until the Council holds a hearing on such matters.
    (c) Right of Appeal.--The FBI or a Party State may appeal any 
decision of the Council to the Attorney General, and thereafter may 
file suit in the appropriate district court of the United States, which 
shall have original jurisdiction of all cases or controversies arising 
under this Compact. Any suit arising under this Compact and initiated 
in a State court shall be removed to the appropriate district court of 
the United States in the manner provided by section 1446 of title 28, 
United States Code, or other statutory authority.

 Subtitle B--State Grant Program for Criminal Justice Identification, 
                     Information, and Communication

SEC. 6101. SHORT TITLE.

    This title may be cited as the ``Crime Identification Technology 
Act of 1998''.

SEC. 6102. STATE GRANT PROGRAM.

    (a) In General.--Subject to the availability of amounts provided in 
advance in appropriations Acts, the Attorney General, through the 
Bureau of Justice Statistics of the Department of Justice, shall make a 
grant to each State, which shall be used by the State, in conjunction 
with units of local government, State and local courts, other States, 
or combinations thereof, to establish or upgrade an integrated approach 
to develop information and identification technologies and systems to--
            (1) upgrade criminal history and criminal justice record 
        systems, including systems operated by law enforcement agencies 
        and courts;
            (2) improve criminal justice identification;
            (3) promote compatibility and integration of national, 
        State, and local systems for--
                    (A) criminal justice purposes;
                    (B) firearms eligibility determinations;
                    (C) identification of sexual offenders;
                    (D) identification of domestic violence offenders; 
                and
                    (E) background checks for other authorized purposes 
                unrelated to criminal justice; and
            (4) capture information for statistical and research 
        purposes to improve the administration of criminal justice.
    (b) Use of Grant Amounts.--Grants under this section may be used 
for programs to establish, develop, update, or upgrade--
            (1) State centralized, automated, adult and juvenile 
        criminal history record information systems, including arrest 
        and disposition reporting;
            (2) automated fingerprint identification systems that are 
        compatible with standards established by the National Institute 
        of Standards and Technology and interoperable with the 
        Integrated Automated Fingerprint Identification System (IAFIS) 
        of the Federal Bureau of Investigation;
            (3) finger imaging, live scan, and other automated systems 
        to digitize fingerprints and to communicate prints in a manner 
        that is compatible with standards established by the National 
        Institute of Standards and Technology and interoperable with 
        systems operated by States and by the Federal Bureau of 
        Investigation;
            (4) programs and systems to facilitate full participation 
        in the Interstate Identification Index of the National Crime 
        Information Center;
            (5) systems to facilitate full participation in any compact 
        relating to the Interstate Identification Index of the National 
        Crime Information Center;
            (6) systems to facilitate full participation in the 
        national instant criminal background check system established 
        under section 103(b) of the Brady Handgun Violence Prevention 
        Act (18 U.S.C. 922 note) for firearms eligibility 
        determinations;
            (7) integrated criminal justice information systems to 
        manage and communicate criminal justice information among law 
        enforcement agencies, courts, prosecutors, and corrections 
        agencies;
            (8) noncriminal history record information systems relevant 
        to firearms eligibility determinations for availability and 
        accessibility to the national instant criminal background check 
        system established under section 103(b) of the Brady Handgun 
        Violence Prevention Act (18 U.S.C. 922 note);
            (9) court-based criminal justice information systems that 
        promote--
                    (A) reporting of dispositions to central State 
                repositories and to the Federal Bureau of 
                Investigation; and
                    (B) compatibility with, and integration of, court 
                systems with other criminal justice information 
                systems;
            (10) ballistics identification and information programs 
        that are compatible and integrated with the National Integrated 
        Ballistics Network (NIBN);
            (11) DNA programs for forensic and identification purposes, 
        and identification and information programs to improve forensic 
        analysis and to assist in accrediting crime laboratories;
            (12) sexual offender identification and registration 
        systems;
            (13) domestic violence offender identification and 
        information systems;
            (14) programs for fingerprint-supported background checks 
        capability for noncriminal justice purposes, including youth 
        service employees and volunteers and other individuals in 
        positions of responsibility, if authorized by Federal or State 
        law and administered by a government agency;
            (15) criminal justice information systems with a capacity 
        to provide statistical and research products including 
        incident-based reporting systems that are compatible with the 
        National Incident-Based Reporting System (NIBRS) and uniform 
        crime reports; and
            (16) multiagency, multijurisdictional communications 
        systems among the States to share routine and emergency 
information among Federal, State, and local law enforcement agencies.
    (c) Assurances.--To be eligible to receive a grant under this 
section, a State shall provide assurances to the Attorney General that 
the State has the capability to contribute pertinent information to the 
national instant criminal background check system established under 
section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 
922 note).
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $250,000,000 for each of fiscal years 
        1999 through 2003.
            (2) Limitations.--Of the amount made available to carry out 
        this section in any fiscal year--
                    (A) not more than 3 percent may be used by the 
                Attorney General for salaries and administrative 
                expenses;
                    (B) not more than 5 percent may be used for 
                technical assistance, training and evaluations, and 
                studies commissioned by Bureau of Justice Statistics of 
                the Department of Justice (through discretionary grants 
                or otherwise) in furtherance of the purposes of this 
                section; and
                    (C) the Attorney General shall ensure the amounts 
                are distributed on an equitable geographic basis.
    (e) Grants to Indian Tribes.--Notwithstanding any other provision 
of this section, the Attorney General may use amounts made available 
under this section to make grants to Indian tribes for use in 
accordance with this section.

 TITLE VII--ENHANCEMENT OF RIGHTS AND PROTECTIONS FOR VICTIMS OF CRIME

                  Subtitle A--Crime Victims Assistance

SEC. 7001. DEFINITIONS.

    In this subtitle:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (2) Bodily injury.--The term ``bodily injury'' has the 
        meaning given that term in section 1365(g) of title 18, United 
        States Code.
            (3) Family member.--The term ``family member'' means, with 
        respect to a victim, the spouse, parent, brother or sister, or 
        child of the victim, any person to whom the victim stands in 
        loco parentis, or any other person living in the household of 
        the victim and related to the victim by blood or marriage.
            (4) Indian tribe.--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)).
            (5) Judicial conference.--The term ``Judicial Conference'' 
        means the Judicial Conference of the United States established 
        under section 331 of title 28, United States Code.
            (6) Law enforcement officer.--The term ``law enforcement 
        officer'' means an individual authorized by law to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of law, and includes corrections, 
        probation, parole, and judicial officers.
            (7) Office of victims of crime.--The term ``Office of 
        Victims of Crime'' means the Office of Victims of Crime of the 
        Department of Justice.
            (8) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.
            (9) Unit of local government.--The term ``unit of local 
        government'' means any--
                    (A) city, county, township, town, borough, parish, 
                village, or other general purpose political subdivision 
                of a State; or
                    (B) Indian tribe.
            (10) Victim.--The term ``victim''--
                    (A) means an individual harmed as a result of a 
                commission of an offense involving death or bodily 
                injury to any person, a threat of death or bodily 
                injury to any person, a sexual assault, or an attempted 
                sexual assault; or a natural person harmed by any fraud 
                or misrepresentation relating to a sale or other 
                contract for any item, benefit, product, or service; 
                and
                    (B) includes--
                            (i) in the case of a victim who is less 
                        than 18 years of age or incompetent, the parent 
                        or legal guardian of the victim;
                            (ii) in the case of a victim who is 
                        deceased or incapacitated, 1 or more family 
                        members designated by the court; and
                            (iii) any other person appointed by the 
                        court to represent the victim, except that in 
no event shall a defendant be appointed as the representative or 
guardian of the victim.
            (11) Qualified private entity.--The term ``qualified 
        private entity'' means a private entity that meets such 
        requirements as the Attorney General may establish.

              PART 1--PROTECTION OF CRIME VICTIMS' RIGHTS

         Subpart A--Amendments to Title 18, United States Code

SEC. 7111. RIGHT TO BE NOTIFIED OF DETENTION HEARING AND RIGHT TO BE 
              HEARD ON THE ISSUE OF DETENTION.

    Section 3142 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(k) Notification of Right To Be Heard.--
            ``(1) In general.--In any case involving a defendant who is 
        arrested for an offense involving death or bodily injury to any 
        person, a threat of death or bodily injury to any person, or a 
        sexual assault, or an attempted sexual assault, in which a 
        detention hearing is scheduled pursuant to subsection (f)--
                    ``(A) the Government shall make a reasonable effort 
                to notify the victim of the hearing, and of the right 
                of the victim to be heard on the issue of detention; 
                and
                    ``(B) at the hearing under subsection (f), the 
                court shall inquire of the Government as to whether the 
                efforts at notification of the victim under 
                subparagraph (A) were successful and, if so, whether 
                the victim wishes to be heard on the issue of detention 
                and, if so, shall afford the victim such an 
                opportunity.
            ``(2) Limitation.--Upon motion of either party that 
        identification of the defendant by the victim is a fact in 
        dispute, and that no means of verification has been attempted, 
        the Court shall use appropriate measures to protect the 
        integrity of the identification process.
            ``(3) Address.--With respect to any case described in 
        paragraph (1), the victim shall notify the appropriate 
        authority of an address to which notification under this 
        subsection may be sent.''.

SEC. 7112. RIGHT TO A SPEEDY TRIAL AND PROMPT DISPOSITION FREE FROM 
              UNREASONABLE DELAY.

    Section 3161(h)(8)(B) of title 18, United States Code, is amended 
by adding at the end the following:
            ``(v) The interests of the victim (or the family of a 
        victim who is deceased or incapacitated) in the prompt and 
        appropriate disposition of the case, free from unreasonable 
        delay.''.

SEC. 7113. ENHANCED RIGHT TO ORDER OF RESTITUTION.

    Section 3664(d)(2)(A)(iv) of title 18, United States Code, is 
amended by inserting ``, and the right of the victim (or the family of 
a victim who is deceased or incapacitated) to attend the sentencing 
hearing and to make a statement to the court at the sentencing 
hearing'' before the semicolon.

SEC. 7114. ENHANCED RIGHT TO BE NOTIFIED OF ESCAPE OR RELEASE FROM 
              PRISON.

    Section 503(c)(5)(B) of the Victims' Rights and Restitution Act of 
1990 (42 U.S.C. 10607(c)(5)(B)) is amended by inserting after 
``offender'' the following: ``, including escape, work release, 
furlough, or any other form of release from a psychiatric institution 
or other facility that provides mental health services to offenders''.

      Subpart B--Amendments to Federal Rules of Criminal Procedure

SEC. 7121. RIGHT TO BE NOTIFIED OF PLEA AGREEMENT AND TO BE HEARD ON 
              MERITS OF THE PLEA AGREEMENT.

    (a) In General.--Rule 11 of the Federal Rules of Criminal Procedure 
is amended by adding at the end the following:
    ``(i) Rights of Victims.--
            ``(1) In general.--In any case involving a defendant who is 
        arrested for an offense involving death or bodily injury to any 
        person, a threat of death or bodily injury to any person, a 
        sexual assault, or an attempted sexual assault--
                    ``(A) the Government, prior to a hearing at which a 
                plea of guilty or nolo contendere is entered, shall 
                make a reasonable effort to notify the victim of--
                            ``(i) the date and time of the hearing; and
                            ``(ii) the right of the victim to attend 
                        the hearing and to address the court; and
                    ``(B) if the victim attends a hearing described in 
                subparagraph (A), the court, before accepting a plea of 
                guilty or nolo contendere, shall afford the victim an 
opportunity to be heard on the proposed plea agreement.
            ``(2) Address.--With respect to any case described in 
        paragraph (1), the victim shall notify the appropriate 
        authority of an address to which notification under this 
        subsection may be sent.
            ``(3) Mass victim cases.--In any case involving more than 
        15 victims, the court, after consultation with the Government 
        and the victims, may appoint a number of victims to serve as 
        representatives of the victims' interests.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference shall submit to Congress a report containing 
                recommendations for amending the Federal Rules of 
                Criminal Procedure to provide enhanced opportunities 
                for victims of offenses involving death or bodily 
                injury to any person, the threat of death or bodily 
                injury to any person, a sexual assault, or an attempted 
                sexual assault, to be heard on the issue of whether or 
                not the court should accept a plea of guilty or nolo 
                contendere.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference under 
                this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendment made by subsection (a), then the 
                amendment made by subsection (a) shall become effective 
                30 days after the date on which the recommendations are 
                submitted to Congress under paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendment made by subsection (a), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendment made by subsection (a) shall become effective 
                360 days after the date of enactment of this Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the United States Sentencing Commission 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 7122. ENHANCED RIGHTS OF NOTIFICATION AND ALLOCUTION AT 
              SENTENCING.

    (a) In General.--Rule 32 of the Federal Rules of Criminal Procedure 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking subparagraph (D) 
                and inserting the following:
                    ``(D) a victim impact statement, identifying, to 
                the maximum extent practicable--
                            ``(i) each victim of the offense (except 
                        that such identification shall not include 
                        information relating to any telephone number, 
                        place of employment, or residential address of 
                        any victim);
                            ``(ii) an itemized account of any economic 
                        loss suffered by each victim as a result of the 
                        offense;
                            ``(iii) any physical injury suffered by 
                        each victim as a result of the offense, along 
                        with its seriousness and permanence;
                            ``(iv) a description of any change in the 
                        personal welfare or familial relationships of 
                        each victim as a result of the offense; and
                            ``(v) a description of the impact of the 
                        offense upon each victim and the recommendation 
                        of each victim regarding an appropriate 
                        sanction for the defendant;''; and
                    (B) by adding at the end the following:
            ``(7) Victim impact statements.--
                    ``(A) In general.--Any probation officer preparing 
                a presentence report shall--
                            ``(i) make a reasonable effort to notify 
                        each victim of the offense that such a report 
is being prepared and the purpose of such report; and
                            ``(ii) provide the victim with an 
                        opportunity to submit an oral or written 
                        statement, or a statement on audio or videotape 
                        outlining the impact of the offense upon the 
                        victim.
                    ``(B) Use of statements.--Any written statement 
                submitted by a victim under subparagraph (A) shall be 
                attached to the presentence report and shall be 
                provided to the sentencing court and to the parties.'';
            (2) in subsection (c)(1), by adding at the end the 
        following: ``Before sentencing in any case in which a defendant 
        has been charged with or found guilty of an offense involving 
        death or bodily injury to any person, a threat of death or 
        bodily injury to any person, a sexual assault, or an attempted 
        sexual assault, the Government shall make a reasonable effort 
        to notify the victim of the time and place of sentencing and of 
        his right to attend and to be heard.''; and
            (3) in subsection (f), by inserting ``the right to 
        notification and to submit a statement under subdivision 
        (b)(7), the right to notification and to be heard under 
        subdivision (c)(1), and'' before ``the right of allocution''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference shall submit to Congress a report containing 
                recommendations for amending the Federal Rules of 
                Criminal Procedure to provide enhanced opportunities 
                for victims of offenses involving death or bodily 
                injury to any person, a threat of death or bodily 
                injury to any person, a sexual assault, or an attempted 
                sexual assault, to participate during the presentencing 
                phase of the criminal process.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference under 
                this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendments made by subsection (a), then the 
                amendments made by subsection (a) shall become 
                effective 30 days after the date on which the 
                recommendations are submitted to Congress under 
                paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendments made by subsection (a), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendments made by subsection (a) shall become 
                effective 360 days after the date of enactment of this 
                Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the United States Sentencing Commission 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 7123. RIGHTS OF NOTIFICATION AND ALLOCUTION AT A PROBATION 
              REVOCATION HEARING.

    (a) In General.--Rule 32.1 of the Federal Rules of Criminal 
Procedure is amended by adding at the end the following:
    ``(d) Rights of Victims.--
            ``(1) In general.--At any hearing pursuant to subsection 
        (a)(2) involving 1 or more persons who have been convicted of 
        an offense involving death or bodily injury to any person, a 
        threat of death or bodily injury to any person, a sexual 
        assault, or an attempted sexual assault, the government shall 
        make reasonable efforts to notify the victim of the offense 
        (and the victim of any new charges giving rise to the 
        hearings), of--
                    ``(A) the date and time of the hearing; and
                    ``(B) the right of the victim to attend the hearing 
                and to address the court regarding whether the terms or 
conditions of probation or supervised release should be modified.
            ``(2) Duties of court at hearing.--At any hearing described 
        in paragraph (1) at which a victim is present, the court 
        shall--
                    ``(A) address each victim personally; and
                    ``(B) afford the victim an opportunity to be heard 
                on the proposed terms or conditions of probation or 
                supervised release.
            ``(3) Address.--In any case described in paragraph (1), the 
        victim shall notify the appropriate authority of an address to 
        which notification under this paragraph may be sent.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference shall submit to Congress a report containing 
                recommendations for amending the Federal Rules of 
                Criminal Procedure to ensure that reasonable efforts 
                are made to notify victims of offenses involving death 
                or bodily injury to any person, a threat of death or 
                bodily injury to any person, a sexual assault, or an 
                attempted sexual assault, of any revocation hearing 
                held pursuant to rule 32.1(a)(2) of the Federal Rules 
                of Criminal Procedure.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference under 
                this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendment made by subsection (a), then the 
                amendment made by subsection (a) shall become effective 
                30 days after the date on which the recommendations are 
                submitted to Congress under paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendment made by subsection (a), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendment made by subsection (a) shall become effective 
                360 days after the date of enactment of this Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the United States Sentencing Commission 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

           Subpart C--Amendment to Federal Rules of Evidence

SEC. 7131. ENHANCED RIGHT TO BE PRESENT AT TRIAL.

    (a) In General.--Rule 615 of the Federal Rules of Evidence is 
amended--
            (1) by striking ``At the request'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsection (b), at the 
request'';
            (2) by striking ``This rule'' and inserting the following:
    ``(b) Exceptions.--Subsection (a)'';
            (3) by striking ``exclusion of (1) a party'' and inserting 
        the following: ``exclusion of--
            ``(1) a party'';
            (4) by striking ``person, or (2) an officer'' and inserting 
        the following: ``person;
            ``(2) an officer'';
            (5) by striking ``attorney, or (3) a person'' and inserting 
        the following: ``attorney;
            ``(3) a person'';
            (6) by striking the period at the end and inserting ``; 
        or''; and
            (7) by adding at the end the following:
            ``(4) a person who is a victim of an offense involving 
        death or bodily injury to any person, a threat of death or 
        bodily injury to any person, a sexual assault, or an attempted 
        sexual assault, for which a defendant is being tried in a 
        criminal trial, unless the court concludes that--
                    ``(A) the testimony of the person will be 
                materially affected by hearing the testimony of other 
witnesses, and the material effect of hearing the testimony of other 
witnesses on the testimony of that person will result in unfair 
prejudice to any party; or
                    ``(B) due to the large number of victims or family 
                members of victims who may be called as witnesses, 
                permitting attendance in the courtroom itself when 
                testimony is being heard is not feasible.
    ``(c) Discretion of Court; Effect on Other Law.--Nothing in 
subsection (b)(4) shall be construed--
            ``(1) to limit the ability of a court to exclude a witness, 
        if the court determines that such action is necessary to 
        maintain order during a court proceeding; or
            ``(2) to limit or otherwise affect the ability of a witness 
        to be present during court proceedings pursuant to section 3510 
        of title 18, United States Code.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference shall submit to Congress a report containing 
                recommendations for amending the Federal Rules of 
                Criminal Procedure so that reasonable efforts are made 
                to notify victims of offenses involving death or bodily 
                injury to any person, a threat of death or bodily 
                injury to any person, a sexual assault, or an attempted 
                sexual assault, to attend judicial proceedings, even if 
                they may testify as a witness at the proceeding.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference under 
                this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendments made by subsection (a), then the 
                amendments made by subsection (a) shall become 
                effective 30 days after the date on which the 
                recommendations are submitted to Congress under 
                paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendments made by subsection (a), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendments made by subsection (a) shall become 
                effective 360 days after the date of enactment of this 
                Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the United States Sentencing Commission 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

                         Subpart D--Exceptions

SEC. 7141. EXCEPTIONS.

    The rights promulgated by subparts A, B, and C shall not apply to 
any case in which the court reasonably believes that--
            (1) the defendant has cooperated with the government in 
        other proceedings against the victim or persons acting in 
        concert with the victim; or
            (2) available evidence raises a significant expectation of 
        physical violence or other retaliation by the victim against 
        the defendant.

                 Subpart E--Remedies for Noncompliance

SEC. 7151. REMEDIES FOR NONCOMPLIANCE.

    (a) General Limitation.--Any failure to comply with any amendment 
made by this part shall not give rise to a claim for damages, or any 
other action against the United States, or any employee of the United 
States, any court official or officer of the court, or an entity 
contracting with the United States, or any action seeking a rehearing 
or other reconsideration of action taken in connection with a 
defendant.
    (b) Regulations To Ensure Compliance.--
            (1) In general.--Notwithstanding subsection (a), not later 
        than 1 year after the date of enactment of this Act, the 
        Attorney General and the Chairman of the United States Parole 
        Commission shall promulgate regulations to implement and 
enforce the amendments made by this title.
            (2) Contents.--The regulations promulgated under paragraph 
        (1) shall--
                    (A) contain disciplinary sanctions, including 
                suspension or termination from employment, for 
                employees of the Department of Justice (including 
                employees of the United States Parole Commission) who 
                willfully or repeatedly violate the amendments made by 
                this title, or willfully or repeatedly refuse or fail 
                to comply with provisions of Federal law pertaining to 
                the treatment of victims of crime;
                    (B) include an administrative procedure through 
                which parties can file formal complaints with the 
                Department of Justice alleging violations of the 
                amendments made by this title;
                    (C) provide that a complainant is prohibited from 
                recovering monetary damages against the United States, 
                or any employee of the United States, either in his 
                official or personal capacity; and
                    (D) provide that the Attorney General, or the 
                designee of the Attorney General, shall be the final 
                arbiter of the complaint, and there shall be no 
                judicial review of the final decision of the Attorney 
                General by a complainant.

                      Subpart F--Victims of Fraud

SEC. 7161. REGULATIONS.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General shall promulgate regulations to implement and 
enforce this part and the amendments made by this part with respect to 
natural persons against whom a defendant has been charged with 
committing fraud.

    PART 2--ASSISTANCE TO VICTIMS OF FEDERAL, STATE, AND LOCAL CRIME

SEC. 7201. INCREASE IN VICTIM ASSISTANCE PERSONNEL.

    There are authorized to be appropriated such sums as may be 
necessary to enable the Attorney General to--
            (1) hire 50 full-time or full-time equivalent employees to 
        serve as victim-witness advocates to provide assistance to 
        victims of any criminal offense investigated by any department 
        or agency of the Federal Government; and
            (2) provide grants through the Office of Victims of Crime 
        to qualified private entities to fund 50 victim-witness 
        advocate positions within those organizations.

SEC. 7202. INCREASED TRAINING FOR STATE AND LOCAL LAW ENFORCEMENT, 
              STATE COURT PERSONNEL, AND OFFICERS OF THE COURT TO 
              RESPOND EFFECTIVELY TO THE NEEDS OF VICTIMS OF CRIME.

    Notwithstanding any other provision of law, amounts collected 
pursuant to sections 3729 through 3731 of title 31, United States Code 
(commonly known as the ``False Claims Act''), may be used by the Office 
of Victims of Crime to make grants to States, units of local 
government, and qualified private entities, to provide training and 
information to prosecutors, judges, law enforcement officers, probation 
officers, and other officers and employees of Federal and State courts 
to assist them in responding effectively to the needs of victims of 
crime.

SEC. 7203. INCREASED RESOURCES FOR STATE AND LOCAL LAW ENFORCEMENT 
              AGENCIES, COURTS, AND PROSECUTORS' OFFICES TO DEVELOP 
              STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS OF CRIME 
              OF IMPORTANT DATES AND DEVELOPMENTS.

    (a) In General.--Subtitle A of title XXIII of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
2077) is amended by adding at the end the following:

``SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS OF CRIME 
              OF IMPORTANT DATES AND DEVELOPMENTS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office of Victims of Crime of the Department of 
Justice such sums as may be necessary for grants to State and local 
prosecutors' offices, State courts, county jails, State correctional 
institutions, and qualified private entities, to develop and implement 
state-of-the-art systems for notifying victims of crime of important 
dates and developments relating to the criminal proceedings at issue.
    ``(b) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section.''.
    (b) Violent Crime Reduction Trust Fund.--Section 310004(d) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14214(d)) is amended--
            (1) in the first paragraph designated as paragraph (15) 
        (relating to the definition of the term ``Federal law 
        enforcement program''), by striking ``and'' at the end;
            (2) in the first paragraph designated as paragraph (16) 
        (relating to the definition of the term ``Federal law 
        enforcement program''), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after the first paragraph designated as 
        paragraph (16) (relating to the definition of the term 
        ``Federal law enforcement program'') the following:
            ``(17) section 230103.''.

SEC. 7204. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR CRIME 
              VICTIMS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Victims of Crime.
            (2) Office.--The term ``Office'' means the Office of 
        Victims of Crime.
            (3) Qualified private entity.--The term ``qualified private 
        entity'' means a private entity that meets such requirements as 
        the Attorney General, acting through the Director, may 
        establish.
            (4) Qualified unit of state or local government.--The term 
        ``qualified unit of State or local government'' means a unit or 
        a State or local government that meets such requirements as the 
        Attorney General, acting through the Director, may establish.
            (5) Voice centers.--The term ``VOICE Centers'' means the 
        Victim Ombudsman Information Centers established under the 
        program under subsection (b).
    (b) Pilot Programs.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Attorney General, acting through the 
        Director, shall establish and carry out a program to provide 
        for pilot programs to establish and operate Victim Ombudsman 
        Information Centers in each of the following States:
                    (A) Massachusetts.
                    (B) South Dakota.
                    (C) Tennessee.
                    (D) Vermont.
                    (E) Washington.
                    (F) Wisconsin.
            (2) Agreements.--
                    (A) In general.--The Attorney General, acting 
                through the Director, shall enter into an agreement 
                with a qualified private entity or unit of State or 
                local government to conduct a pilot program referred to 
                in paragraph (1). Under the agreement, the Attorney 
                General, acting through the Director, shall provide for 
                a grant to assist the qualified private entity or unit 
                of State or local government in carrying out the pilot 
                program.
                    (B) Contents of agreement.--The agreement referred 
                to in subparagraph (A) shall specify that--
                            (i) the VOICE Center shall be established 
                        in accordance with this section; and
                            (ii) except with respect to meeting 
                        applicable requirements of this section 
                        concerning carrying out the duties of a VOICE 
                        Center under this section (including the 
                        applicable reporting duties under subsection 
                        (c) and the terms of the agreement) each VOICE 
                        Center shall operate independently of the 
                        Office; and
                    (C) No authority over daily operations.--The Office 
                shall have no supervisory or decisionmaking authority 
                over the day-to-day operations of a VOICE Center.
    (c) Objectives.--
            (1) Mission.--The mission of each VOICE Center established 
        under a pilot program under this section shall be to assist a 
        victim of a Federal or State crime to ensure that the victim--
                    (A) is fully apprised of the rights of that victim 
                under applicable Federal or State law; and
                    (B) participates in the criminal justice process to 
                the fullest extent of the law.
            (2) Duties.--The duties of a VOICE Center shall include--
                    (A) providing information to victims of Federal or 
                State crime regarding the right of those victims to 
                participate in the criminal justice process (including 
                information concerning any right that exists under 
                applicable Federal or State law);
                    (B) identifying and responding to situations in 
                which the rights of victims of crime under applicable 
                Federal or State law may have been violated;
                    (C) attempting to facilitate compliance with 
                Federal or State law referred to in subparagraph (B);
                    (D) educating police, prosecutors, Federal and 
                State judges, officers of the court, and employees of 
                jails and prisons concerning the rights of victims 
under applicable Federal or State law; and
                    (E) taking measures that are necessary to ensure 
                that victims of crime are treated with fairness, 
                dignity, and compassion throughout the criminal justice 
                process.
    (d) Oversight.--
            (1) Technical assistance.--The Office may provide technical 
        assistance to each VOICE Center.
            (2) Annual report.--Each qualified private entity or 
        qualified unit of State or local government that carries out a 
        pilot program to establish and operate a VOICE Center under 
        this section shall prepare and submit to the Director, not 
        later than 1 year after the VOICE Center is established, and 
        annually thereafter, a report that--
                    (A) describes in detail the activities of the VOICE 
                Center during the preceding year; and
                    (B) outlines a strategic plan for the year 
                following the year covered under subparagraph (A).
    (e) Review of Program Effectiveness.--
            (1) GAO study.--Not later than 2 years after the date on 
        which each VOICE Center established under a pilot program under 
        this section is fully operational, the Comptroller General of 
        the United States shall conduct a review of each pilot program 
        carried out under this section to determine the effectiveness 
        of the VOICE Center that is the subject of the pilot program in 
        carrying out the mission and duties described in subsection 
        (c).
            (2) Other studies.--Not later than 2 years after the date 
        on which each VOICE Center established under a pilot program 
        under this section is fully operational, the Attorney General, 
        acting through the Director, shall enter into an agreement with 
        1 or more private entities that meet such requirements the 
        Attorney General, acting through the Director, may establish, 
        to study the effectiveness of each VOICE Center established by 
        a pilot program under this section in carrying out the mission 
        and duties described in subsection (c).
    (f) Termination Date.--
            (1) In general.--Except as provided in paragraph (2), a 
        pilot program established under this section shall terminate on 
        the date that is 4 years after the date of enactment of this 
        Act.
            (2) Renewal.--If the Attorney General determines that any 
        of the pilot programs established under this section should be 
        renewed for an additional period, the Attorney General may 
        renew that pilot program for a period not to exceed 2 years.
    (g) Funding.--Notwithstanding any other provision of law, an 
aggregate amount not to exceed $5,000,000 of the amounts collected 
pursuant to sections 3729 through 3731 of title 31, United States Code 
(commonly known as the ``False Claims Act''), may be used by the 
Director to make grants under subsection (b).

SEC. 7205. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

    (a) Crime Victims Fund.--Section 1402 of the Victims of Crime Act 
of 1984 (42 U.S.C. 10601) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) any gifts, bequests, and donations from private 
        entities or individuals.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) All unobligated balances transferred to the judicial 
        branch for administrative costs to carry out functions under 
        sections 3611 and 3612 of title 18, United States Code, shall 
        be returned to the Crime Victims Fund and may be used by the 
        Director to improve services for crime victims in the Federal 
        criminal justice system.''; and
                    (B) in paragraph (4), by adding at the end the 
                following:
            ``(C) States that receive supplemental funding to respond 
        to incidents or terrorism or mass violence under this section 
        shall be required to return to the Crime Victims Fund for 
        deposit in the reserve fund, amounts subrogated to the State as 
        a result of third-party payments to victims.''.
    (b) Crime Victim Compensation.--Section 1403 of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602) is amended--
            (1) in subsection (a)--
                    (A) in each of paragraphs (1) and (2), by striking 
                ``40'' and inserting ``60''; and
                    (B) in paragraph (3), by inserting ``and 
                evaluation'' after ``administration''; and
            (2) in subsection (b)(7), by inserting ``because the 
        identity of the offender was not determined beyond a reasonable 
doubt in a criminal trial, because criminal charges were not brought 
against the offender, or'' after ``deny compensation to any victim''.
    (c) Crime Victim Assistance.--Section 1404 of the Victims of Crime 
Act of 1984 (42 U.S.C. 10603) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or enter into 
                        cooperative agreements'' after ``make grants'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) for demonstration projects, evaluation, 
                training, and technical assistance services to eligible 
                organizations;'';
                            (iii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(C) training and technical assistance that 
                address the significance of and effective delivery 
                strategies for providing long-term psychological 
                care.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) use funds made available to the Director 
                under this subsection--
                            ``(i) for fellowships and clinical 
                        internships; and
                            ``(ii) to carry out programs of training 
                        and special workshops for the presentation and 
                        dissemination of information resulting from 
                        demonstrations, surveys, and special 
                        projects.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) the term `State' includes--
                    ``(A) the District of Columbia, the Commonwealth of 
                Puerto Rico, the United States Virgin Islands, and any 
                other territory or possession of the United States; and
                    ``(B) for purposes of a subgrant under subsection 
                (a)(1) or a grant or cooperative agreement under 
                subsection (c)(1), the United States Virgin Islands and 
                any agency of the government of the District of 
                Columbia or the Federal Government performing law 
                enforcement functions in and on behalf of the District 
                of Columbia.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        semicolon and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) public awareness and education and crime 
                prevention activities that promote, and are conducted 
                in conjunction with, the provision of victim 
                assistance; and
                    ``(F) for purposes of an award under subsection 
                (c)(1)(A), preparation, publication, and distribution 
                of informational materials and resources for victims of 
                crime and crime victims organizations.'';
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) the term `crisis intervention services' means 
        counseling and emotional support including mental health 
        counseling, provided as a result of crisis situations for 
        individuals, couples, or family members following and related 
        to the occurrence of crime;'';
                    (D) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(6) for purposes of an award under subsection (c)(1), the 
        term `eligible organization' includes any--
                    ``(A) national or State organization with a 
                commitment to developing, implementing, evaluating, or 
                enforcing victims' rights and the delivery of services;
                    ``(B) State agency or unit of local government;
                    ``(C) tribal organization;
                    ``(D) organization--
                            ``(i) described in section 501(c) of the 
                        Internal Revenue Code of 1986; and
                            ``(ii) exempt from taxation under section 
                        501(a) of such Code; or
                    ``(E) other entity that the Director determines to 
                be appropriate.''.
    (d) Compensation and Assistance to Victims of Terrorism of Mass 
Violence.--Section 1404B of the Victims of Crime Act of 1984 (42 U.S.C. 
10603b) is amended--
            (1) in subsection (a), by striking ``1404(a)'' and 
        inserting ``1402(d)(4)(B)''; and
            (2) in subsection (b), by striking ``1404(d)(4)(B)'' and 
        inserting ``1402(d)(4)(B)''.

SEC. 7206. SERVICES FOR VICTIMS OF CRIME AND DOMESTIC VIOLENCE.

    Section 504 of Public Law 104-134 (110 Stat. 1321-132) shall not be 
construed to prohibit a recipient (as that term is used in that 
section) from using funds derived from a source other than the Legal 
Services Corporation to provide related legal assistance to any person 
with whom an alien (as that term is used in subsection (a)(11) of that 
section) has a relationship covered by the domestic violence laws of 
the State in which the alien resides or in which an incidence of 
violence occurred.

SEC. 7207. PILOT PROGRAM TO STUDY EFFECTIVENESS OF RESTORATIVE JUSTICE 
              APPROACH ON BEHALF OF VICTIMS OF CRIME.

    (a) In General.--Notwithstanding any other provision of law, 
amounts collected pursuant to sections 3729 through 3731 of title 31, 
United States Code (commonly known as the ``False Claims Act''), may be 
used by the Office of Victims of Crime to make grants to States, units 
of local government, and qualified private entities for the 
establishment of pilot programs that implement balanced and restorative 
justice models.
    (b) Definition of Balanced and Restorative Justice Model.--In this 
section, the term ``balanced and restorative justice model'' means an 
approach to criminal justice that promotes the maximum degree of 
involvement by a victim, offender, and the community served by a 
criminal justice system by allowing the criminal justice system and 
related criminal justice agencies to improve the capacity of the system 
and agencies to--
            (1) protect the community served by the system and 
        agencies; and
            (2) ensure accountability of the offender and the system.

       Subtitle B--Crime Victims With Disabilities Awareness Act

SEC. 7301. SHORT TITLE.

    This subtitle may be cited as the ``Crime Victims With Disabilities 
Awareness Act''.

SEC. 7302. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) although research conducted abroad demonstrates that 
        individuals with developmental disabilities are at a 4 to 10 
        times higher risk of becoming crime victims than those without 
        disabilities, there have been no significant studies on this 
        subject conducted in the United States;
            (2) in fact, the National Crime Victim's Survey, conducted 
        annually by the Bureau of Justice Statistics of the Department 
        of Justice, does not specifically collect data relating to 
        crimes against individuals with developmental disabilities;
            (3) studies in Canada, Australia, and Great Britain 
        consistently show that victims with developmental disabilities 
        suffer repeated victimization because so few of the crimes 
        against them are reported, and even when they are, there is 
        sometimes a reluctance by police, prosecutors, and judges to 
        rely on the testimony of a disabled individual, making 
        individuals with developmental disabilities a target for 
        criminal predators;
            (4) research in the United States needs to be done to--
                    (A) understand the nature and extent of crimes 
                against individuals with developmental disabilities;
                    (B) describe the manner in which the justice system 
                responds to crimes against individuals with 
                developmental disabilities; and
                    (C) identify programs, policies, or laws that hold 
                promises for making the justice system more responsive 
                to crimes against individuals with developmental 
                disabilities; and
            (5) the National Academy of Science Committee on Law and 
        Justice of the National Research Council is a premier research 
        institution with unique experience in developing seminal, 
        multidisciplinary studies to establish a strong research base 
        from which to make public policy.
    (b) Purposes.--The purposes of this subtitle are--
            (1) to increase public awareness of the plight of victims 
        of crime who are individuals with developmental disabilities;
            (2) to collect data to measure the extent of the problem of 
        crimes against individuals with developmental disabilities; and
            (3) to develop a basis to find new strategies to address 
        the safety and justice needs of victims of crime who are 
        individuals with developmental disabilities.

SEC. 7303. DEFINITION OF DEVELOPMENTAL DISABILITY.

    In this subtitle, the term ``developmental disability'' has the 
meaning given the term in section 102 of the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6001).

SEC. 7304. STUDY.

    (a) In General.--The Attorney General shall conduct a study to 
increase knowledge and information about crimes against individuals 
with developmental disabilities that will be useful in developing new 
strategies to reduce the incidence of crimes against those individuals.
    (b) Issues Addressed.--The study conducted under this section shall 
address such issues as--
            (1) the nature and extent of crimes against individuals 
        with developmental disabilities;
            (2) the risk factors associated with victimization of 
        individuals with developmental disabilities;
            (3) the manner in which the justice system responds to 
        crimes against individuals with developmental disabilities; and
            (4) the means by which States may establish and maintain a 
        centralized computer database on the incidence of crimes 
        against individuals with disabilities within a State.
    (c) National Academy of Sciences.--In carrying out this section, 
the Attorney General shall consider contracting with the Committee on 
Law and Justice of the National Research Council of the National 
Academy of Sciences to provide research for the study conducted under 
this section.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, the Attorney General shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report 
describing the results of the study conducted under this section.

SEC. 7305. NATIONAL CRIME VICTIMS' SURVEY.

    Not later than 2 years after the date of enactment of this Act, as 
part of each National Crime Victims' Survey, the Attorney General shall 
include statistics relating to--
            (1) the nature of crimes against individuals with 
        developmental disabilities; and
            (2) the specific characteristics of the victims of those 
        crimes.

                 Subtitle C--Victims of Juvenile Crimes

SEC. 7401. VICTIMS OF JUVENILE CRIMES.

    (a) In General.--The Attorney General shall establish guidelines 
for States' programs receiving grants under title I, subtitle D, part 
3, of this Act for the establishment of juvenile gun courts to require, 
as appropriate under applicable State or local laws or rules, that--
            (1) prior to disposition of adjudicated juvenile 
        delinquents, that victims, or in appropriate cases their 
        official representatives, shall be provided the opportunity to 
        make a statement to the court in person or to present any 
        information in relation to the disposition;
            (2) victims of the juvenile adjudicated delinquent be given 
        notice of the disposition; and
            (3) restitution to victims may be ordered as part of the 
        disposition of adjudicated juvenile delinquents.
    (b) Definition of Victim.--In this section, the term ``victim'' 
means any individual against whom a crime of violence has been 
committed that has as an element the use, attempted use, or threatened 
use of physical force against the person or property of another or by 
its nature involves a substantial risk that physical force against the 
person or property of another may be used in the course of committing 
the offense.
    (c) No Cause of Action Created.--Nothing in this section shall be 
construed to create a cause of action against any State or any agency 
or employee thereof.
    (d) Compliance.--
            (1) Compliance.--Not later than 3 years after the date of 
        enactment of this Act, each State shall implement this section, 
        except that the Attorney General may grant an additional 2 
        years to a State if the Attorney General determines that the 
        State is making good faith efforts to implement this section.
            (2) Ineligibility for amounts.--
                    (A) In general.--Beginning on the expiration of the 
                period described in paragraph (1) (or such extended 
                period as the Attorney General may provide with respect 
                to a State under that paragraph), during each fiscal 
                year that any State fails to comply with this section, 
                that State shall receive not more than 90 percent of 
                the amount that the State would otherwise receive under 
                subtitle C of this title.
                    (B) Reallocation of amounts.--In each fiscal year, 
                any amounts that are not allocated to States described 
                in subparagraph (A) shall be allocated to otherwise 
                eligible States that are in compliance with this 
                section on a pro rata basis.

                 TITLE VIII--COMBATING MONEY LAUNDERING

SEC. 8001. SHORT TITLE.

    This title may be cited as the ``Money Laundering Enforcement Act 
of 1998''.

SEC. 8002. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Civil Forfeiture for Money Transmitting Violation.--Section 
981(a)(1)(A) of title 18, United States Code, is amended by striking 
``or 1957'' and inserting ``, 1957, or 1960''.
    (b) Scienter Requirement for Section 1960 Violation.--Section 1960 
of title 18, United States Code, is amended by adding at the end the 
following:
    ``(c) Scienter Requirement.--For the purposes of proving a 
violation of this section involving an illegal money transmitting 
business--
            ``(1) it shall be sufficient for the Government to prove 
        that the defendant knew that the money transmitting business 
        lacked a license required by State law; and
            ``(2) it shall not be necessary to show that the defendant 
        knew that the operation of such a business without the required 
        license was an offense punishable as a felony or misdemeanor 
        under State law.''.

SEC. 8003. RESTRAINT OF ASSETS OF PERSONS ARRESTED ABROAD.

    Section 981(b) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(3) Restraint of Assets.--
            ``(A) In general.--If any person is arrested or charged in 
        a foreign country in connection with an offense that would give 
        rise to the forfeiture of property in the United States under 
        this section or under the Controlled Substances Act (21 U.S.C. 
        801 et seq.), the Attorney General may apply to any Federal 
        judge or magistrate judge in the district in which the property 
        is located for an ex parte order restraining the property 
        subject to forfeiture for not more than 30 days, except that 
        the time may be extended for good cause shown at a hearing 
        conducted in the manner provided in Rule 43(e) of the Federal 
        Rules of Civil Procedure.
            ``(B) Application.--An application for a restraining order 
        under subparagraph (A) shall--
                    ``(i) set forth the nature and circumstances of the 
                foreign charges and the basis for belief that the 
                person arrested or charged has property in the United 
                States that would be subject to forfeiture; and
                    ``(ii) contain a statement that the restraining 
                order is needed to preserve the availability of 
                property for such time as is necessary to receive 
                evidence from the foreign country or elsewhere in 
                support of probable cause for the seizure of the 
                property under this subsection.''.

SEC. 8004. ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.

    Section 986 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Access to Records Located Abroad.--
            ``(1) In general.--In any civil forfeiture case, or in any 
        ancillary proceeding in any criminal forfeiture case governed 
        by section 413(n) of the Controlled Substances Act (21 U.S.C. 
        853(n)), the refusal of the claimant to provide financial 
        records located in a foreign country in response to a discovery 
        request or take the action necessary otherwise to make the 
        records available, shall result in the dismissal of the claim 
        with prejudice, if--
                    ``(A) the financial records may be material--
                            ``(i) to any claim or to the ability of the 
                        government to respond to such claim; or
                            ``(ii) in a civil forfeiture case, to the 
                        ability of the government to establish the 
                        forfeitability of the property; and
                    ``(B) it is within the capacity of the claimant to 
                waive his or her rights under such secrecy laws, or to 
                obtain the financial records himself or herself, so 
                that the financial records may be made available.
            ``(2) Privilege.--Nothing in this subsection shall be 
        construed to affect the rights of a claimant to refuse 
        production of any records on the basis of any privilege 
        guaranteed by the Constitution of the United States or any 
        other provision of Federal law.''.

SEC. 8005. CIVIL MONEY LAUNDERING JURISDICTION OVER FOREIGN PERSONS.

    Section 1956(b) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting each 
        subparagraph appropriately;
            (2) by striking ``(b) Whoever'' and inserting the 
        following:
    ``(b) Civil Penalties.--
            ``(1) In general.--Whoever''; and
            (3) by adding at the end the following:
            ``(2) Jurisdiction.--For purposes of adjudicating an action 
        filed or enforcing a penalty ordered under this section, the 
        district courts of the United States shall have jurisdiction 
        over any foreign person, including any financial institution 
        authorized under the laws of a foreign country, that commits an 
        offense under subsection (a) involving a financial transaction 
        that occurs in whole or in part in the United States, if 
        service of process upon such foreign person is made in 
        accordance with the Federal Rules of Civil Procedure or the 
        laws of the foreign country in which the foreign person is 
        found.
            ``(3) Satisfaction of judgment.--In any action described in 
        paragraph (2), the court may issue a pretrial restraining order 
        or take any other action necessary to ensure that any bank 
        account or other property held by the defendant in the United 
        States is available to satisfy a judgment under this 
        section.''.

SEC. 8006. PUNISHMENT OF LAUNDERING MONEY THROUGH FOREIGN BANKS.

    Section 1956(c)(6) of title 18, United States Code, is amended to 
read as follows:
            ``(6) the term `financial institution' includes--
                    ``(A) any financial institution described in 
                section 5312(a)(2) of title 31, or the regulations 
                promulgated thereunder; and
                    ``(B) any foreign bank, as defined in section 
                1(b)(7) of the International Banking Act of 1978 (12 
                U.S.C. 3101(7));''.

SEC. 8007. ADDITION OF SERIOUS FOREIGN CRIMES TO LIST OF MONEY 
              LAUNDERING PREDICATES.

    (a) In General.--Section 1956(c)(7) of title 18, United States 
Code, is amended--
            (1) in subparagraph (B)--
                    (A) by striking clause (ii) and inserting the 
                following:
                            ``(ii) any act or acts constituting a crime 
                        of violence;''; and
                    (B) by adding at the end the following:
                            ``(iv) fraud, or any scheme to defraud, 
                        committed against a foreign government or 
                        foreign governmental entity;
                            ``(v) bribery of a public official, or the 
                        misappropriation, theft, or embezzlement of 
                        public funds by or for the benefit of a public 
                        official;
                            ``(vi) smuggling or export control 
                        violations involving munitions listed in the 
                        United States Munitions List or technologies 
                        with military applications as defined in the 
                        Commerce Control List of the Export 
                        Administration Regulations; or
                            ``(vii) an offense with respect to which 
                        the United States would be obligated by a 
                        multilateral treaty either to extradite the 
                        alleged offender or to submit the case for 
                        prosecution, if the offender were found within 
                        the territory of the United States;'';
            (2) in subparagraph (D)--
                    (A) by inserting ``section 541 (relating to goods 
                falsely classified),'' before ``section 542'';
                    (B) by inserting ``section 922(l) (relating to the 
                unlawful importation of firearms), section 924(m) 
                (relating to firearms trafficking),'' before ``section 
                956'';
                    (C) by inserting ``section 1030 (relating to 
                computer fraud and abuse),'' before ``1032''; and
                    (D) by inserting ``any felony violation of the 
                Foreign Agents Registration Act of 1938 (22 U.S.C. 611 
                et seq.),'' before ``or any felony violation of the 
                Foreign Corrupt Practices Act''; and
            (3) in subparagraph (E), by inserting ``the Clean Air Act 
        (42 U.S.C. 6901 et seq.),'' after ``the Safe Drinking Water Act 
        (42 U.S.C. 300f et seq.),''.

SEC. 8008. CRIMINAL FORFEITURE FOR MONEY LAUNDERING CONSPIRACIES.

    Section 982(a)(1) of title 18, United States Code, is amended by 
inserting ``or a conspiracy to commit any such offense,'' after ``of 
this title,''.

SEC. 8009. FUNGIBLE PROPERTY IN FOREIGN BANK ACCOUNTS.

    Section 984(d) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(3) In this subsection, the term `financial institution' includes 
a foreign bank, as defined in section 1(b)(7) of the International 
Banking Act of 1978 (12 U.S.C. 3101(7)).''.

SEC. 8010. SUBPOENAS FOR BANK RECORDS.

    Section 986(a) of title 18, United States Code, is amended--
            (1) by striking ``section 1956, 1957, or 1960 of this 
        title, section 5322 or 5324 of title 31, United States Code'' 
        and inserting ``section 981 of this title'';
            (2) by inserting ``before or'' before ``after''; and
            (3) by striking the last sentence.

SEC. 8011. FUGITIVE DISENTITLEMENT.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2466. Fugitive disentitlement
    ``Any person who, in order to avoid criminal prosecution, purposely 
leaves the jurisdiction of the United States, declines to enter or 
reenter the United States to submit to the jurisdiction of the United 
States, or otherwise evades the jurisdiction of a court of the United 
States in which a criminal case is pending against the person, may not 
use the resources of the courts of the United States in furtherance of 
a claim in any related civil forfeiture action or a claim in any third-
party proceeding in any related criminal forfeiture action.''.
    (b) Conforming Amendment.--The analysis for chapter 163 of title 
28, United States Code, is amended by adding at the end the following:

``2466. Fugitive disentitlement.''.

SEC. 8012. ADMISSIBILITY OF FOREIGN BUSINESS RECORDS.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2467. Foreign records
    ``(a) Definitions.--In this section--
            ``(1) the term `business' includes business, institution, 
        association, profession, occupation, and calling of every kind 
        whether or not conducted for profit;
            ``(2) the term `foreign certification' means a written 
        declaration made and signed in a foreign country by the 
        custodian of a record of regularly conducted activity or 
        another qualified person, that if falsely made, would subject 
        the maker to criminal penalty under the law of that country;
            ``(3) the term `foreign record of regularly conducted 
        activity' means a memorandum, report, record, or data 
        compilation, in any form, of acts, events, conditions, 
        opinions, or diagnoses, maintained in a foreign country; and
            ``(4) the term `official request' means a letter rogatory, 
        a request under an agreement, treaty or convention, or any 
        other request for information or evidence made by a court of 
        the United States or an authority of the United States having 
        law enforcement responsibility, to a court or other authority 
        of a foreign country.
    ``(b) Admissibility.--In a civil proceeding in a court of the 
United States, including a civil forfeiture proceeding and a proceeding 
in the United States Claims Court and the United States Tax Court, 
unless the source of information or the method or circumstances of 
preparation indicate lack of trustworthiness, a foreign record of 
regularly conducted activity (or a duplicate of such record), obtained 
pursuant to an official request, shall not be excluded as evidence by 
the hearsay rule if a foreign certification, also obtained pursuant to 
the same official request or subsequent official request that 
adequately identifies such foreign record, attests that--
            ``(1) the foreign record was made, at or near the time of 
        the occurrence of the matters set forth, by (or from 
        information transmitted by) a person with knowledge of those 
        matters;
            ``(2) the foreign record was kept in the course of a 
        regularly conducted business activity;
            ``(3) the business activity made such a record as a regular 
        practice; and
            ``(4) if the foreign record is not the original, the record 
        is a duplicate of the original.
    ``(c) Foreign Certification.--A foreign certification under this 
section shall authenticate a record or duplicate described in 
subsection (b).
    ``(d) Notice.--
            ``(1) In general.--As soon as practicable after a 
        responsive pleading has been filed, a party intending to offer 
        in evidence under this section a foreign record of regularly 
        conducted activity shall provide written notice of that 
        intention to each other party.
            ``(2) Opposition.--A motion opposing admission in evidence 
        of a record under paragraph (1) shall be made by the opposing 
        party and determined by the court before trial. Failure by a 
        party to file such motion before trial shall constitute a 
        waiver of objection to such record, except that the court for 
        cause shown may grant relief from the waiver.''.
    (b) Conforming Amendment.--The analysis for chapter 163 of title 
28, United States Code, is amended by adding at the end the following:

``2467. Foreign records.''.

SEC. 8013. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.

    Section 1956(h) of title 18, United States Code, is amended--
            (1) by striking ``(h) Any person'' and inserting the 
        following:
    ``(h) Conspiracy; Multiple Violations.--
            ``(1) Conspiracy.--Any person''; and
            (2) by adding at the end the following:
            ``(2) Multiple violations.--Any person who commits multiple 
        violations of this section or section 1957 that are part of the 
        same scheme or continuing course of conduct may be charged, at 
        the election of the Government, in a single count in an 
        indictment or information.''.

SEC. 8014. VENUE IN MONEY LAUNDERING CASES.

    Section 1956 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i) Venue.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        prosecution for an offense under this section or section 1957 
        may be brought in any district in which the financial or 
        monetary transaction is conducted, or in which a prosecution 
        for the underlying specified unlawful activity could be 
        brought, if the defendant participates in the transfer of the 
        proceeds of the specified unlawful activity from that district 
        to the district where the financial or monetary transaction is 
        conducted.
            ``(2) Exception.--A prosecution for an attempt or 
        conspiracy offense under this section or section 1957 may be 
        brought in the district in which venue would lie for the 
        completed offense under paragraph (1), or in any other district 
        in which an act in furtherance of the attempt or conspiracy 
        took place.''.

SEC. 8015. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN 
              MONEY LAUNDERING OFFENSES.

    Section 2516(1)(g) of title 18, United States Code, is amended by 
striking ``of title 31, United States Code (dealing with the reporting 
of currency transactions)'' and inserting ``or 5324 of title 31 
(dealing with the reporting and illegal structuring of currency 
transactions)''.

SEC. 8016. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI-MONEY LAUNDERING 
              ORDERS.

    (a) Reporting Violations.--Section 5324(a) of title 31, United 
States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        or the reporting requirements imposed by an order issued 
        pursuant to section 5326'' after ``any such section''; and
            (2) in each of paragraphs (1) and (2), by inserting ``, or 
        a report required under any order issued pursuant to section 
        5326'' before the semicolon.
    (b) Penalties.--Sections 5321(a)(1), 5322(a), and 5322(b) of title 
31, United States Code, are each amended by inserting ``or order 
issued'' after ``or a regulation prescribed'' each place that term 
appears.

SEC. 8017. ENCOURAGING FINANCIAL INSTITUTIONS TO NOTIFY LAW ENFORCEMENT 
              AUTHORITIES OF SUSPICIOUS FINANCIAL TRANSACTIONS.

    (a) In General.--Section 2702(b)(6) of title 18, United States 
Code, is amended--
            (1) by inserting ``or supervisory agency'' after ``a law 
        enforcement agency'';
            (2) in subparagraph (A), by striking ``; and'' and 
        inserting ``and appear to pertain to the commission of the 
        crime; or''; and
            (3) in subparagraph (B), by striking ``appear to pertain to 
        the commission of the crime.'' and inserting ``appear to reveal 
        a suspicious transaction relevant to a possible violation of 
        law or regulation.''
    (b) Definitions.--Section 2711 of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the terms `suspicious transaction' and `relevant to a 
        possible violation of the law or regulation' shall be 
        interpreted in the same manner as those terms have been 
        interpreted for purposes of section 5318(g) of title 31; and
            ``(4) the term `supervisory agency' has the meaning given 
        the term in section 1101(7) of the Right to Financial Privacy 
        Act of 1978.''.

SEC. 8018. COVERAGE OF FOREIGN BANK BRANCHES IN THE TERRITORIES.

    Section 20(9) of title 18, United States Code, is amended by 
inserting before the period the following: ``, except that for purposes 
of this section the definition of the term `State' in such Act shall be 
deemed to include a commonwealth, territory, or possession of the 
United States''.

SEC. 8019. CONFORMING STATUTE OF LIMITATIONS AMENDMENT FOR CERTAIN BANK 
              FRAUD OFFENSES.

    Section 3293 of title 18, United States Code, is amended--
            (1) by inserting ``225,'' after ``215,''; and
            (2) by inserting ``1032,'' before ``1033''.

SEC. 8020. JURISDICTION OVER CERTAIN FINANCIAL CRIMES COMMITTED ABROAD.

    Section 1029 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Jurisdiction Over Certain Financial Crimes Committed 
Abroad.--Any person who, outside the jurisdiction of the United States, 
engages in any act that, if committed within the jurisdiction of the 
United States, would constitute an offense under subsection (a) or (b), 
shall be subject to the same penalties as if that offense had been 
committed in the United States, if the act--
            ``(1) involves an access device issued, owned, managed, or 
        controlled by a financial institution, account issuer, credit 
        card system member, or other entity within the jurisdiction of 
        the United States; and
            ``(2) causes, or if completed would have caused, a transfer 
        of funds from or a loss to an entity listed in paragraph 
        (1).''.

                TITLE IX--COMBATING INTERNATIONAL CRIME

 Subtitle A--Investigating and Punishing Violent Crimes Against United 
                        States Nationals Abroad

SEC. 9001. MURDER AND EXTORTION AGAINST UNITED STATES NATIONALS ABROAD 
              IN FURTHERANCE OF ORGANIZED CRIME.

    Section 2332 of title 18, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e);
            (2) by inserting after subsection (c) the following:
    ``(d) Extortion of United States Nationals Abroad.--Whoever commits 
or attempts to commit extortion against a national of the United 
States, while the national is outside the United States, shall be fined 
under this title, imprisoned not more than 20 years, or both.'';
            (3) in subsection (e), as redesignated, by inserting ``, or 
        was intended to further the objectives of an organized criminal 
        group. A certification under this paragraph shall not be 
        subject to judicial review'' before the period at the end; and
            (4) by adding at the end the following:
    ``(f) Rule of Construction.--Nothing in this section may be 
construed as indicating an intent on the part of Congress--
            ``(1) to interfere with the exercise of criminal 
        jurisdiction by the nation or nations in which the criminal act 
        occurred; or
            ``(2) to mandate that each potential violation should be 
        the subject of investigation or prosecution by the United 
        States.
    ``(g) Definitions.--In this section--
            ``(1) the term `extortion' means the obtaining of property 
        worth $100,000 or more from another by threatening or placing 
        another person in fear that any person will be subjected to 
        bodily injury or kidnapping or that any property will be 
        damaged or destroyed; and
            ``(2) the term `organized criminal group' means a group 
        that has a hierarchical structure or is a continuing 
        enterprise, and that is engaged in or has as a purpose the 
        commission of an act or acts that would constitute racketeering 
        activity (as defined in section 1961) if committed within the 
        United States.''.

SEC. 9002. MURDER OR SERIOUS ASSAULT OF A STATE OR LOCAL OFFICIAL 
              ABROAD.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Murder or serious assault of a State or local law 
              enforcement, judicial, or other official abroad
    ``(a) Definitions.--In this section:
            ``(1) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning given the term in section 2119.
            ``(2) State.--The term `State' has the meaning given the 
        term in section 245(d).
    ``(b) Penalties.--Whoever, in the circumstance described in 
subsection (c)--
            ``(1) kills or attempts to kill an official of a State or a 
        political subdivision thereof shall be punished as provided in 
        sections 1111, 1112, and 1113; or
            ``(2) assaults an official of a State or a political 
        subdivision thereof, if that assault results in serious bodily 
        injury shall be punished as provided in section 113.
    ``(c) Circumstance Described.--The circumstance described in this 
subsection is that the official of a State or political subdivision--
            ``(1) is outside the territorial jurisdiction of the United 
        States; and
            ``(2) is engaged in, or the prohibited activity occurs on 
        account of the performance by that official of training, 
        technical assistance, or other assistance to the United States 
        or a foreign government in connection with any program funded, 
        in whole or in part, by the Federal Government.
    ``(d) Limitations on Prosecution.--No prosecution may be instituted 
against any person under this section except upon the written approval 
of the Attorney General, the Deputy Attorney General, or an Assistant 
Attorney General, which function of approving prosecutions may not be 
delegated and shall not be subject to judicial review.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to indicate an intent on the part of Congress--
            ``(1) to interfere with the exercise of criminal 
        jurisdiction by the nation or nations in which the criminal act 
        occurred; or
            ``(2) to mandate that each potential violation should be 
        the subject of investigation or prosecution by the United 
        States.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
51 of title 18, United States Code, is amended by adding at the end the 
following:

``1123. Murder or serious assault of a State or local law enforcement, 
                            judicial, or other official abroad.''.

       Subtitle B--Denying Safe Havens to International Criminals

SEC. 9101. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST TREATY.

    Chapter 209 of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 3197. Extradition for offenses not covered by a list treaty
    ``(a) Serious Offense Defined.--In this section, the term `serious 
offense' means conduct that would be--
            ``(1) an offense described in any multilateral treaty to 
        which the United States is a party that obligates parties--
                    ``(A) to extradite alleged offenders found in the 
                territory of the parties; or
                    ``(B) submit the case to the competent authorities 
                of the parties for prosecution; or
            ``(2) conduct that, if that conduct occurred in the United 
        States, would constitute--
                    ``(A) a crime of violence (as defined in section 
                16);
                    ``(B) the distribution, manufacture, importation or 
                exportation of a controlled substance (as defined in 
                section 201 of the Controlled Substances Act (21 U.S.C. 
                802);
                    ``(C) bribery of a public official; 
                misappropriation, embezzlement or theft of public funds 
                by or for the benefit of a public official;
                    ``(D) obstruction of justice, including payment of 
                bribes to jurors or witnesses;
                    ``(E) the laundering of monetary instruments, as 
                described in section 1956, if the value of the monetary 
                instruments involved exceeds $100,000;
                    ``(F) fraud, theft, embezzlement, or commercial 
                bribery if the aggregate value of property that is the 
                object of all of the offenses related to the conduct 
                exceeds $100,000;
                    ``(G) counterfeiting, if the obligations, 
                securities or other items counterfeited, have an 
                apparent value that exceeds $100,000;
                    ``(H) a conspiracy or attempt to commit any of the 
                offenses described in any of subparagraphs (A) through 
                (G), or aiding and abetting a person who commits any 
                such offense; or
                    ``(I) a crime against children under chapter 109A 
                or section 2251, 2251A, 2252, or 2252A.
    ``(b) Authorization of Filing.--
            ``(1) In general.--If a foreign government makes a request 
        for the extradition of a person who is charged with or has been 
        convicted of an offense within the jurisdiction of that foreign 
        government, and an extradition treaty between the United States 
        and the foreign government is in force, but the treaty does not 
        provide for extradition for the offense with which the person 
        has been charged or for which the person has been convicted, 
        the Attorney General may authorize the filing of a complaint 
        for extradition pursuant to subsections (c) and (d).
            ``(2) Filing of complaints.--
                    ``(A) In general.--A complaint authorized under 
                paragraph (1) shall be filed pursuant to section 3184.
                    ``(B) Procedures.--With respect to a complaint 
                filed under paragraph (1), the procedures contained in 
                sections 3184 and 3186 and the terms of the relevant 
                extradition treaty shall apply as if the offense were a 
                crime provided for by the treaty, in a manner 
                consistent with section 3184.
    ``(c) Criteria for Authorization of Complaints.--
            ``(1) In general.--The Attorney General may authorize the 
        filing of a complaint under subsection (b) only upon a 
        certification--
                    ``(A) by the Attorney General, that in the judgment 
                of the Attorney General--
                            ``(i) the offense for which extradition is 
                        sought is a serious offense; and
                            ``(ii) submission of the extradition 
                        request would be important to the law 
                        enforcement interests of the United States or 
                        otherwise in the interests of justice; and
                    ``(B) by the Secretary of State, that in the 
                judgment of the Secretary of State, submission of the 
                request would be consistent with the foreign policy 
                interests of the United States.
            ``(2) Factors for consideration.--In making any 
        certification under paragraph (1)(B), the Secretary of State 
        may consider whether the facts and circumstances of the request 
        then known appear likely to present any significant impediment 
        to the ultimate surrender of the person who is the subject of 
        the request for extradition, if that person is found to be 
        extraditable.
            ``(3) Limitation on judicial review.--Any decision or 
        exercise of authority by the Attorney General or the Secretary 
        of State pursuant to this subsection shall not be subject to 
        judicial review.
    ``(d) Cases of Urgency.--
            ``(1) In general.--In any case of urgency, the Attorney 
        General may, with the concurrence of the Secretary of State and 
        before any formal certification under subsection (c), authorize 
        the filing of a complaint seeking the provisional arrest and 
        detention of the person sought for extradition before the 
        receipt of documents or other proof in support of the request 
        for extradition.
            ``(2) Applicability of relevant treaty.--With respect to a 
        case described in paragraph (1), a provision regarding 
        provisional arrest in the relevant treaty shall apply.
            ``(3) Filing and effect of filing of complaints.--
                    ``(A) In general.--A complaint authorized under 
                this subsection shall be filed in the same manner as 
                provided in section 3184.
                    ``(B) Issuance of orders.--Upon the filing of a 
                complaint under this subsection, the appropriate 
                judicial officer may issue an order for the provisional 
                arrest and detention of the person as provided in 
                section 3184.
    ``(e) Conditions of Surrender; Assurances.--
            ``(1) In general.--Before issuing a warrant of surrender 
        under section 3184 or 3186, the Secretary of State may--
                    ``(A) impose conditions upon the surrender of the 
                person that is the subject of the warrant; and
                    ``(B) require those assurances of compliance with 
                those conditions, as are determined by the Secretary to 
                be appropriate.
            ``(2) Additional assurances.--
                    ``(A) In general.--In addition to imposing 
                conditions and requiring assurances under paragraph 
                (1), the Secretary of State shall demand, as a 
                condition of the extradition of the person in every 
                case, an assurance described in subparagraph (B) that 
                the Secretary determines to be satisfactory.
                    ``(B) Description of assurances.--An assurance 
                described in this subparagraph is an assurance that the 
                person that is sought for extradition shall not be 
                tried or punished for an offense other than that for 
                which the person has been extradited, absent the 
                consent of the United States.''.

SEC. 9102. EXTRADITION ABSENT A TREATY.

    Chapter 209 of title 18, United States Code, as amended by section 
9101 of this Act, is amended by adding at the end the following:
``Sec. 3198. Extradition absent a treaty
    ``(a) Serious Offense Defined.--In this section, the term `serious 
offense' has the meaning given that term in section 3197(a).
    ``(b) Authorization of Filing.--
            ``(1) In general.--If a foreign government makes a request 
        for the extradition of a person who is charged with or has been 
        convicted of an offense within the jurisdiction of that foreign 
        government, and no extradition treaty is in force between the 
United States and the foreign government, the Attorney General may 
authorize the filing of a complaint for extradition pursuant to 
subsections (c) and (d).
            ``(2) Filing and treatment of complaints.--
                    ``(A) In general.--A complaint authorized under 
                paragraph (1) shall be filed pursuant to section 3184.
                    ``(B) Procedures.--With respect to a complaint 
                filed under paragraph (1), procedures of sections 3184 
                and 3186 shall be followed as if the offense were a 
                `crime provided for by such treaty' as described in 
                section 3184.
    ``(c) Criteria for Authorization of Complaints.--The Attorney 
General may authorize the filing of a complaint described in subsection 
(b) only upon a certification--
            ``(1) by the Attorney General, that in the judgment of the 
        Attorney General--
                    ``(A) the offense for which extradition is sought 
                is a serious offense; and
                    ``(B) submission of the extradition request would 
                be important to the law enforcement interests of the 
                United States or otherwise in the interests of justice; 
                and
            ``(2) by the Secretary of State, that in the judgment of 
        the certifying official, based on information then known--
                    ``(A) submission of the request would be consistent 
                with the foreign policy interests of the United States;
                    ``(B) the facts and circumstances of the request, 
                including humanitarian considerations, do not appear 
                likely to present a significant impediment to the 
                ultimate surrender of the person if found extraditable; 
                and
                    ``(C) the foreign government submitting the request 
                is not submitting the request in order to try or punish 
                the person sought for extradition primarily on the 
                basis of the race, religion, nationality, or political 
                opinions of that person.
    ``(d) Limitations on Delegation and Judicial Review.--
            ``(1) Delegation by attorney general; judicial review.--The 
        authorities and responsibilities of the Attorney General under 
        subsection (c) may be delegated only to the Deputy Attorney 
        General.
            ``(2) Delegation.--The authorities and responsibilities of 
        the Secretary of State set forth in this subsection may be 
        delegated only to the Deputy Secretary of State.
            ``(3) Limitation on judicial review.--The authorities and 
        responsibilities set forth in this subsection are not subject 
        to judicial review.
    ``(e) Cases of Urgency.--
            ``(1) In general.--In any case of urgency, the Attorney 
        General may, with the concurrence of the Secretary of State and 
        before any formal certification under subsection (c), authorize 
        the filing of a complaint seeking the provisional arrest and 
        detention of the person sought for extradition before the 
        receipt of documents or other proof in support of the request 
        for extradition.
            ``(2) Filing of complaints; order by judicial officer.--
                    ``(A) Filing.--A complaint filed under this 
                subsection shall be filed in the same manner as 
                provided in section 3184.
                    ``(B) Orders.--Upon the filing of a complaint under 
                subparagraph (A), the appropriate judicial officer may 
                issue an order for the provisional arrest and detention 
                of the person.
                    ``(C) Releases.--If, not later than 45 days after 
                the arrest, the formal request for extradition and 
                documents in support of that are not received by the 
                Department of State, the appropriate judicial officer 
                may order that a person detained pursuant to this 
                subsection be released from custody.
    ``(f) Hearings.--
            ``(1) In general.--Subject to subsection (h), upon the 
        filing of a complaint for extradition and receipt of documents 
        or other proof in support of the request of a foreign 
        government for extradition, the appropriate judicial officer 
        shall hold a hearing to determine whether the person sought for 
        extradition is extraditable.
            ``(2) Criteria for extradition.--Subject to subsection (g), 
        in a hearing conducted under paragraph (1), the judicial 
        officer shall find a person extraditable if the officer finds--
                    ``(A) probable cause to believe that the person 
                before the judicial officer is the person sought in the 
                foreign country of the requesting foreign government;
                    ``(B) probable cause to believe that the person 
                before the judicial officer committed the offense for 
                which that person is sought, or was duly convicted of 
                that offense in the foreign country of the requesting 
                foreign government;
                    ``(C) that the conduct upon which the request for 
                extradition is based, if that conduct occurred within 
                the United States, would be a serious offense 
                punishable by imprisonment for more than 10 years under 
                the laws of--
                            ``(i) the United States;
                            ``(ii) the majority of the States in the 
                        United States; or
                            ``(iii) of the State in which the fugitive 
                        is found; and
                    ``(D) no defense to extradition under subsection 
                (f) has been established.
    ``(g) Limitation of Extradition.--
            ``(1) In general.--A judicial officer shall not find a 
        person extraditable under this section if the person has 
        established that the offense for which extradition is sought 
        is--
                    ``(A) an offense for which the person is being 
                proceeded against, or has been tried or punished, in 
                the United States; or
                    ``(B) a political offense.
            ``(2) Political offenses.--For purposes of this section, a 
        political offense does not include--
                    ``(A) a murder or other violent crime against the 
                person of a head of state of a foreign state, or of a 
                member of the family of the head of state;
                    ``(B) an offense for which both the United States 
                and the requesting foreign government have the 
                obligation pursuant to a multilateral international 
                agreement to--
                            ``(i) extradite the person sought; or
                            ``(ii) submit the case to the competent 
                        authorities for decision as to prosecution; or
                    ``(C) a conspiracy or attempt to commit any of the 
                offenses referred to in subparagraph (A) or (B), or 
                aiding or abetting a person who commits or attempts to 
                commit any such offenses.
    ``(h) Limitations on Factors for Consideration at Hearings.--
            ``(1) In general.--At a hearing conducted under subsection 
        (a), the judicial officer conducting the hearing shall not 
        consider issues regarding--
                    ``(A) humanitarian concerns;
                    ``(B) the nature of the judicial system of the 
                requesting foreign government; and
                    ``(C) whether the foreign government is seeking 
                extradition of a person for the purpose of prosecuting 
                or punishing the person because of the race, religion, 
                nationality or political opinions of that person.
            ``(2) Consideration by secretary of state.--The issues 
        referred to in paragraph (1) shall be reserved for 
        consideration exclusively by the Secretary of State as 
        described in subsection (c)(2).
            ``(3) Additional consideration.--Notwithstanding the 
        certification requirements described in subsection (c)(2), the 
        Secretary of State may, within the sole discretion of the 
        Secretary--
                    ``(A) in addition to considering the issues 
                referred to in paragraph (1) for purposes of certifying 
                the filing of a complaint under this section, consider 
                those issues again in exercising authority to surrender 
                the person sought for extradition in carrying out the 
                procedures under section 3184 and 3186; and
                    ``(B) impose conditions on surrender including 
                those provided in subsection (i).
    ``(i) Conditions of Surrender; Assurances.--
            ``(1) In general.--The Secretary of State may--
                    ``(A) impose conditions upon the surrender of a 
                person sought for extradition under this section; and
                    ``(B) require such assurances of compliance with 
                those conditions, as the Secretary determines to be 
                appropriate.
            ``(2) Additional assurances.--In addition to imposing 
        conditions and requiring assurances under paragraph (1), the 
        Secretary shall demand, as a condition of the extradition of 
        the person that is sought for extradition--
                    ``(A) in every case, an assurance the Secretary 
                determines to be satisfactory that the person shall not 
                be tried or punished for an offense other than the 
                offense for which the person has been extradited, 
                absent the consent of the United States; and
                    ``(B) in a case in which the offense for which 
                extradition is sought is punishable by death in the 
                foreign country of the requesting foreign government 
                and is not so punishable under the applicable laws in 
                the United States, an assurance the Secretary 
determines to be satisfactory that the death penalty--
                            ``(i) shall not be imposed; or
                            ``(ii) if imposed, shall not be carried 
                        out.''.

SEC. 9103. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--Chapter 209 of title 18, United States Code, is 
amended--
            (1) in section 3181, by inserting ``, other than sections 
        3197 and 3198,'' after ``The provisions of this chapter'' each 
        place that term appears; and
            (2) in section 3186, by striking ``or 3185'' and inserting 
        ``, 3185, 3197 or 3198''.
    (b) Chapter Analysis.--The analysis for chapter 209 of title 18, 
United States Code, is amended by adding at the end the following:

``3197. Extradition for offenses not covered by a list treaty.
``3198. Extradition absent a treaty.''.

SEC. 9104. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR PROSECUTION.

    (a) In General.--Chapter 306 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4116. Temporary transfer for prosecution
    ``(a) State Defined.--In this section, the term `State' includes a 
State of the United States, the District of Columbia, and a 
commonwealth, territory, or possession of the United States.
    ``(b) Authority of Attorney General With Respect to Temporary 
Transfers.--
            ``(1) In general.--Subject to subsection (d), if a person 
        is in pretrial detention or is otherwise being held in custody 
        in a foreign country based upon a violation of the law in that 
        foreign country, and that person is found extraditable to the 
        United States by the competent authorities of that foreign 
        country while still in the pretrial detention or custody, the 
        Attorney General shall have the authority--
                    ``(A) to request the temporary transfer of that 
                person to the United States in order to proceed with 
                prosecution of that person in a Federal or State 
                criminal proceeding;
                    ``(B) to maintain the custody of that person while 
                the person is in the United States; and
                    ``(C) to return that person to the foreign country 
                at the conclusion of the criminal prosecution, 
                including any imposition of sentence.
            ``(2) Requirements for requests by attorney general.--The 
        Attorney General shall make a request under paragraph (1) only 
        if the Attorney General determines, after consultation with the 
        Secretary of State, that the return of that person to the 
        foreign country in question would be consistent with 
        international obligations of the United States.
            ``(3) Limitation on judicial review.--Any decision or 
        exercise of authority by the Attorney General under this 
        subsection shall not be subject to judicial review.
    ``(c) Authority of Attorney General With Respect to Pretrial 
Detentions.--
            ``(1) In general.--
                    ``(A) Authority of attorney general.--Subject to 
                paragraph (2) and subsection (d), the Attorney General 
                shall have the authority to carry out the actions 
                described in subparagraph (B), if--
                            ``(i) a person is in pretrial detention or 
                        is otherwise being held in custody in the 
                        United States based upon a violation of Federal 
                        or State law, and that person is found 
                        extraditable to a foreign country while still 
                        in the pretrial detention or custody pursuant 
                        to section 3184, 3197, or 3198; and
                            ``(ii) a determination is made by the 
                        Secretary of State and the Attorney General 
                        that the person will be surrendered.
                    ``(B) Actions.--If the conditions described in 
                subparagraph (A) are met, the Attorney General shall 
                have the authority to--
                            ``(i) temporarily transfer the person 
                        described in subparagraph (A) to the foreign 
                        country of the foreign government requesting 
                        the extradition of that person in order to face 
                        prosecution;
                            ``(ii) transport that person from the 
                        United States in custody; and
                            ``(iii) return that person in custody to 
                        the United States from the foreign country.
            ``(2) Consent by state authorities.--If the person is being 
        held in custody for a violation of State law, the Attorney 
        General may exercise the authority described in paragraph (1) 
        if the appropriate State authorities give their consent to the 
        Attorney General.
            ``(3) Criterion for request.--The Attorney General shall 
        make a request under paragraph (1) only if the Attorney General 
        determines, after consultation with the Secretary of State, 
        that the return of the person sought for extradition to the 
        foreign country of the foreign government requesting the 
        extradition would be consistent with United States 
        international obligations.
            ``(4) Judicial review.--Any decision or exercise of 
        authority by the Attorney General under this subsection shall 
        not be subject to judicial review.
            ``(5) Effect of temporary transfer.--With regard to any 
        person in pretrial detention--
                    ``(A) a temporary transfer under this subsection 
                shall result in an interruption in the pretrial 
                detention status of that person; and
                    ``(B) the right to challenge the conditions of 
                confinement pursuant to section 3142(f) does not extend 
                to the right to challenge the conditions of confinement 
                in a foreign country while in that foreign country 
                temporarily under this subsection.
    ``(d) Consent by Parties To Waive Prior Finding of Whether a Person 
Is Extraditable.--The Attorney General may exercise the authority 
described in subsections (b) and (c) absent a prior finding that the 
person in custody is extraditable, if the person, any appropriate State 
authorities in a case under subsection (c), and the requesting foreign 
government give their consent to waive that requirement.
    ``(e) Return of Persons.--
            ``(1) In general.--If the temporary transfer to or from the 
        United States of a person in custody for the purpose of 
        prosecution is provided for by this section, that person shall 
        be returned to the United States or to the foreign country from 
        which the person is transferred on completion of the 
        proceedings upon which the transfer was based.
            ``(2) Statutory interpretation with respect to immigration 
        laws.--In no event shall the return of a person under paragraph 
        (1) require extradition proceedings or proceedings under the 
        immigration laws.
            ``(3) Certain rights and remedies barred.--Notwithstanding 
        any other provision of law, a person temporarily transferred to 
        the United States pursuant to this section shall not be 
        entitled to apply for or obtain any right or remedy under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
        including the right to apply for or be granted asylum or 
        withholding of deportation.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
306 of title 18, United States Code, is amended by adding at the end 
the following:

``4116. Temporary transfer for prosecution.''.

SEC. 9105. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES IN COUNTRY 
              OF ORIGIN.

    Section 4100(b) of title 18, United States Code, is amended in the 
third sentence by inserting ``, unless otherwise provided by treaty,'' 
before ``an offender''.

SEC. 9106. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN COUNTRIES.

    (a) In General.--Chapter 305 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4087. Transit through the United States of persons wanted in a 
              foreign country
    ``(a) In General.--The Attorney General may, in consultation with 
the Secretary of State, permit the temporary transit through the United 
States of a person wanted for prosecution or imposition of sentence in 
a foreign country.
    ``(b) Limitation on Judicial Review.--A determination by the 
Attorney General to permit or not to permit a temporary transit 
described in subsection (a) shall not be subject to judicial review.
    ``(c) Custody.--If the Attorney General permits a temporary transit 
under subsection (a), Federal law enforcement personnel may hold the 
person subject to that transit in custody during the transit of the 
person through the United States.
    ``(d) Conditions Applicable to Persons Subject to Temporary 
Transit.--Notwithstanding any other provision of law, a person who is 
subject to a temporary transit through the United States under this 
section shall--
            ``(1) be required to have only such documents as the 
        Attorney General shall require;
            ``(2) not be considered to be admitted or paroled into the 
        United States; and
            ``(3) not be entitled to apply for or obtain any right or 
        remedy under the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.), including the right to apply for or be granted asylum 
        or withholding of deportation.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
305 of title 18, United States Code, is amended by adding at the end 
the following:

``4087. Transit through the United States of persons wanted in a 
                            foreign country.''.

    Subtitle C--Seizing and Forfeiting the Assets of International 
                               Criminals

SEC. 9201. FORFEITURE OF ASSETS IN INTERNATIONAL MONEY LAUNDERING AND 
              DRUG CRIMES.

    (a) Forfeiture of Proceeds of Foreign Crimes.--Section 981(a)(1)(B) 
of title 18, United States Code, is amended by inserting ``or involving 
any other conduct described in section 1956(c)(7)(D),'' after 
``Controlled Substances Act),''.
    (b) Forfeiture of Property Used To Commit Drug Crimes Abroad.--
Section 981(a)(1)(B) of title 18, United States Code, is amended by 
inserting ``, or any property used to facilitate an offense described 
in subparagraph (i)'' before the period at the end.
    (c) Forfeiture of Property Used To Violate Federal Explosives 
Laws.--
            (1) In general.--Section 981(a)(1) of title 18, United 
        States Code, is amended by adding at the end the following:
            ``(I) Any conveyance, chemical, laboratory equipment, or 
        other material, article, apparatus, device, or thing made, 
        possessed, fitted, used, or intended to be used to commit a 
        violation of subsection (a)(1), (a)(3), (b), (c), (d), (h), 
        (i), (l), (m), or (n) of section 842, or any of subsections (d) 
        through (m) of section 844, or a conspiracy to commit any such 
        offense, and any property traceable to any such item.''.
            (2) Conforming amendment.--Section 982(a) of title 18, 
        United States Code, is amended by adding at the end the 
        following:
            ``(9) In imposing a sentence on a person convicted of an 
        offense punishable for a violation of chapter 40, or a 
        conspiracy to commit such an offense, the court shall order the 
        person to forfeit to the United States any--
                    ``(A) conveyance, chemical, laboratory equipment, 
                or other material, article, apparatus, device, or thing 
                made, possessed, fitted, used, or intended to be used 
                to commit such offense; and
                    ``(B) property traceable to any item described in 
                subparagraph (A).''

SEC. 9202. AUTHORITY TO ORDER CONVICTED CRIMINALS TO RETURN PROPERTY 
              LOCATED ABROAD.

    (a) Order of Forfeiture.--Section 413(p) of the Controlled 
Substances Act (21 U.S.C. 853(p)) is amended by adding at the end the 
following: ``In the case of property described in paragraph (3), the 
court may, in addition, order the defendant to return the property to 
the jurisdiction of the court so that the property may be seized and 
forfeited.''.
    (b) Pretrial Restraining Order.--Section 413(e) of the Controlled 
Substances Act (21 U.S.C. 853(e)) is amended by inserting after 
paragraph (3) the following:
            ``(4)(A) Pursuant to its authority to enter a pretrial 
        restraining order under this section, including its authority 
        to restrain any property forfeitable as substitute assets, the 
        court may also order the defendant to repatriate any property 
        subject to forfeiture pending trial, and to deposit that 
        property in the registry of the court, or with the United 
        States Marshals Service or the Secretary of the Treasury, in an 
        interest-bearing account.
            ``(B) Failure to comply with an order under this 
        subsection, or an order to repatriate property under subsection 
        (p), shall be punishable as a civil or criminal contempt of 
        court, and may also result in an enhancement of the sentence 
        for the offense giving rise to the forfeiture under the 
        obstruction of justice provision of section 3C1.1 of the 
        Federal Sentencing Guidelines.''.

SEC. 9203. ENFORCEMENT OF FOREIGN FORFEITURE JUDGMENTS.

    (a) In General.--Chapter 163 of title 28, United States Code, as 
amended by section 8012, is amended by adding at the end the following:
``Sec. 2468. Enforcement of foreign forfeiture judgment
    ``(a) Definitions.--In this section--
            ``(1) the term `foreign nation' means a country that has 
        become a party to the United Nations Convention Against Illicit 
        Traffic in Narcotic Drugs and Psychotropic Substances 
        (hereafter `the United Nations Convention') or a foreign 
        jurisdiction with which the United States has a treaty or other 
        formal international agreement in effect providing for mutual 
        forfeiture assistance; and
            ``(2) the term `value based confiscation judgment' shall 
        mean a final order of a foreign nation compelling a defendant, 
        as a consequence of the criminal conviction of the defendant 
        for an offense described in Article 3, paragraph 1, of the 
        United Nations Convention, to pay a sum of money representing 
        the proceeds of the offense, or property the value of which 
        corresponds to those proceeds.
    ``(b) Review by Attorney General.--
            ``(1) In general.--A foreign nation seeking to have its 
        value based confiscation judgment registered and enforced by a 
United States district court under this section shall first submit to 
the Attorney General or the designee of the Attorney General a request, 
which shall include--
                    ``(A) a summary of the facts of the case and a 
                description of the criminal proceeding that resulted in 
                the value based confiscation judgment;
                    ``(B) certified copies of the judgment of 
                conviction and value based confiscation judgment;
                    ``(C) an affidavit or sworn declaration 
                establishing that the defendant received notice of the 
                proceedings in sufficient time to enable the defendant 
                to defend against the charges and that the value based 
                confiscation judgment rendered is in force and is not 
                subject to appeal;
                    ``(D) an affidavit or sworn declaration that 
                reasonable efforts have been undertaken to enforce the 
                value based confiscation judgment against the property 
                of the defendant, if any, in the foreign country; and
                    ``(E) such additional information and evidence as 
                may be required by the Attorney General or the designee 
                of the Attorney General.
            ``(2) Certification.--The Attorney General or the designee 
        of the Attorney General, in consultation with the Secretary of 
        State or the designee of the Secretary, shall determine whether 
        to certify the request, and such decision shall be final and 
        not subject to either judicial review or review under chapter 5 
        of title 5, United States Code (commonly known as the 
        `Administrative Procedures Act').
    ``(c) Jurisdiction and Venue.--
            ``(1) In general.--If the Attorney General or the designee 
        of the Attorney General certifies a request under paragraph 
        (b), the foreign nation may file a civil proceeding in United 
        States district court seeking to enforce the foreign value 
        based confiscation judgment as if the judgment had been entered 
        by a court in the United States.
            ``(2) Rules governing proceedings.--In a civil proceeding 
        under paragraph (1)--
                    ``(A) the foreign nation shall be the plaintiff and 
                the person against whom the value based confiscation 
                judgment was entered shall be the defendant;
                    ``(B) venue shall lie in the district court for the 
                District of Columbia or in any other district in which 
                the defendant or the property that may be the basis for 
                satisfaction of a judgment under this section may be 
                found; and
                    ``(C) the district court shall have personal 
                jurisdiction over a defendant residing outside of the 
                United States if the defendant is served with process 
                in accordance with Rule 4 of the Federal Rules of Civil 
                Procedure.
    ``(d) Entry and Enforcement of Judgment.--
            ``(1) In general.--In any civil action under subsection 
        (c), the district court shall enter such orders as may be 
        necessary to enforce the value based confiscation judgment on 
        behalf of the foreign nation, if the court determines that--
                    ``(A) the value based confiscation judgment was 
                rendered under a system that provides impartial 
                tribunals or procedures compatible with the 
                requirements of due process of law;
                    ``(B) the foreign court had personal jurisdiction 
                over the defendant;
                    ``(C) the foreign court had jurisdiction over the 
                subject matter;
                    ``(D) the defendant in the proceedings in the 
                foreign court received notice of the proceedings in 
                sufficient time to enable the defendant to defend; and
                    ``(E) that judgment was not obtained by fraud.
            ``(2) Process.--Process to enforce a judgment under this 
        section shall be in accordance with Rule 69(a) of the Federal 
        Rules of Civil Procedure.
    ``(e) Finality of Foreign Findings.--Upon a finding by the district 
court that the conditions set forth in subsection (d) have been 
satisfied, the court shall be bound by the findings of facts stated in 
the foreign judgment of conviction and value based confiscation 
judgment.
    ``(f) Currency Conversion.--If a value based confiscation judgment 
requires the payment of a sum of money, the rate of exchange in effect 
at time the suit to enforce is filed by the foreign nation shall be 
used in calculating the amount stated in the judgment submitted for 
registration.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
163 of title 28, United States Code, is amended by adding at the end 
the following:

``2468. Enforcement of foreign forfeiture judgment.''.

SEC. 9204. CRIMINAL AND CIVIL PENALTIES UNDER THE INTERNATIONAL 
              EMERGENCY ECONOMIC POWERS ACT.

    (a) Increased Civil Penalty.--Section 206(a) of the International 
Emergency Economic Powers Act (50 U.S.C. 1705(a)), is amended by 
striking ``$10,000'' and inserting ``$50,000''.
    (b) Increased Criminal Fine.--Section 206(b) of the International 
Emergency Economic Powers Act (50 U.S.C. 1705(b)), is amended to read 
as follows:
    ``(b) Whoever willfully violates any license, order, or regulation 
issued under this chapter shall be fined not more that $1,000,000 if an 
organization (as defined in section 18 of title 18, United States 
Code), and not more than $250,000, imprisoned not more that 10 years, 
or both, if an individual.''.

SEC. 9205. ATTEMPTED VIOLATIONS OF THE TRADING WITH THE ENEMY ACT.

    Section 16 of the Trading with the Enemy Act (50 U.S.C. App. 16) is 
amended--
            (1) in subsection (a), by inserting ``or attempt to 
        violate'' after ``violate'' each time it appears; and
            (2) in subsection (b)(1), by inserting ``or attempts to 
        violate'' after ``violates''.

     Subtitle D--Responding to Emerging International Crime Threats

                  PART 1--COMPUTER AND HIGH-TECH CRIME

SEC. 9310. ENHANCED AUTHORITY TO INVESTIGATE COMPUTER FRAUD AND ATTACKS 
              ON COMPUTER SYSTEMS.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
inserting ``, a felony violation of section 1030 (relating to computer 
fraud and attacks on computer systems)'' before ``section 1992 
(relating to wrecking trains)''.

SEC. 9311. LAW ENFORCEMENT ACCESS TO STORED INFORMATION ON COMPUTER 
              NETWORKS.

    Section 2703 of title 18, United States Code, as amended by section 
2403, is amended by adding at the end the following:
    ``(h) Access to Stored Electronic Information.--
            ``(1) Disclosure.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                governmental entity may require the disclosure by a 
                provider of a remote computing service of the contents 
                of an electronic record in networked electronic storage 
                only if the person who created the record is accorded 
                the same protections that would be available if the 
                record had remained in that person's possession.
                    ``(B) Networked electronic storage.--In addition to 
                the requirements of subparagraph (A) and subject to 
                paragraph (2), a governmental entity may require the 
                disclosure of the contents of an electronic record in 
                networked electronic storage only--
                            ``(i) pursuant to a warrant issued under 
                        the Federal Rules of Criminal Procedure or 
                        equivalent State warrant, a copy of which 
                        warrant shall be served on the person who 
                        created the record prior to or at the same time 
                        the warrant is served on the provider of the 
                        remote computing service;
                            ``(ii) pursuant to a subpoena issued under 
                        the Federal Rules of Criminal Procedure or 
                        equivalent State warrant, a copy of which 
                        subpoena shall be served on the person who 
                        created the record, under circumstances 
                        allowing that person a meaningful opportunity 
                        to challenge the subpoena; or
                            ``(iii) upon the consent of the person who 
                        created the record.
            ``(2) Definition.--In this subsection, an electronic record 
        is in `networked electronic storage' if--
                    ``(A) it is not covered by subsection (a) of this 
                section;
                    ``(B) the person holding the record is not 
                authorized to access the contents of such record for 
                any purposes other than in connection with providing 
                the service of storage; and
                    ``(C) the person who created the record is able to 
                access and modify it remotely through electronic 
                means.''.

                  PART 2--ENHANCING ANTITERRORISM LAWS

SEC. 9320. EXTENSION OF AUTHORITY.

    Section 233(d) of the Antiterrorism and Effective Death Penalty Act 
of 1996 (110 Stat. 1245) is amended by striking ``1 year after the date 
of enactment of this Act'' and inserting ``on October 1, 1999''.

SEC. 9321. CLARIFICATION OF BIOLOGICAL WEAPONS DEFINITIONS.

    (a) Biological Agents; Toxins.--Section 178 of title 18, United 
States Code, is amended by--
            (1) in paragraph (1), striking ``means any microorganism, 
        virus, or infectious substance, or biological product that may 
be engineered as a result of biotechnology or any naturally occurring 
or bioengineered component of any such microorganism, virus, infectious 
substance, or biological product'' and inserting the following: ``means 
any microorganism (including, but not limited to, bacteria, viruses, 
fungi, rickettsiae or protozoa), or infectious substance, or any 
naturally occurring, bioengineered or synthesized component of any such 
microorganism or infectious substance'';
            (2) in paragraph (2), striking ``means the toxic material 
        of plants, animals, microorganisms, viruses, fungi, or 
        infectious substances, or a recombinant molecule, whatever its 
        origin or method of production, including'' and inserting the 
        following: ``means the toxic material or product of plants, 
        animals, microorganisms (including, but not limited to, 
        bacteria, viruses, fungi, rickettsiae or protozoa), or 
        infectious substances, or a recombinant or synthesized 
        molecule, whatever their origin and method of production, and 
        includes''; and
            (3) in paragraph (4), striking ``recombinant molecule, or 
        biological product that may be engineered as a result of 
        biotechnology'' and inserting ``recombinant or synthesized 
        molecule''.
    (b) Use of Weapons of Mass Destruction.--Section 2332a of title 18, 
United States Code, is amended--
            (1) in subsection (a), striking ``, including any 
        biological agent, toxin, or vector (as those terms are defined 
        in section 178)''; and
            (2) in subsection (c)(2)(C), striking ``disease organism'' 
        and inserting ``any biological agent, toxin, or vector (as 
        those terms are defined in section 178 of this title)''.

SEC. 9322. PUNISHMENT OF THREATS TO USE CHEMICAL WEAPONS.

    Section 2332c(a)(1) of title 18, United States Code, is amended by 
striking ``uses, or attempts'' and inserting ``uses, or threatens, 
attempts''.

     Subtitle E--Promoting Global Cooperation in the Fight Against 
                          International Crime

SEC. 9401. SHARING PROCEEDS OF JOINT FORFEITURE OPERATIONS WITH 
              COOPERATING FOREIGN AGENCIES.

    (a) In General.--Section 981(i)(1) of title 18, United States Code, 
is amended by striking ``this chapter'' and inserting ``any provision 
of Federal law''.
    (b) Conforming Amendment.--Section 511(e)(1) of the Controlled 
Substances Act (21 U.S.C. 881(e)(1)) is amended--
            (1) in subparagraph (C), by adding ``or'' at the end;
            (2) in subparagraph (D), by striking ``; or'' and inserting 
        a period; and
            (3) by striking subparagraph (E).

SEC. 9402. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT REQUESTS.

    (a) In General.--Chapter 117 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1785. Assistance to foreign authorities
    ``(a) In General.--
            ``(1) Presentation of requests.--The Attorney General may 
        present a request made by a foreign government for assistance 
        with respect to a foreign investigation, prosecution, or 
        proceeding regarding a criminal matter pursuant to a treaty, 
        convention, or executive agreement for mutual legal assistance 
        between the United States and that government or in accordance 
        with section 1782, the execution of which requires or appears 
        to require the use of compulsory measures in more than 1 
        judicial district, to a judge or judge magistrate of--
                    ``(A) any 1 of the districts in which persons who 
                may be required to appear to testify or produce 
                evidence or information reside or are found, or in 
                which evidence or information to be produced is 
                located; or
                    ``(B) the United States District Court for the 
                District of Columbia.
            ``(2) Authority of court.--A judge or judge magistrate to 
        whom a request for assistance is presented under paragraph (1) 
        shall have the authority to issue those orders necessary to 
        execute the request including orders appointing a person to 
        direct the taking of testimony or statements and the production 
        of evidence or information, of whatever nature and in whatever 
        form, in execution of the request.
    ``(b) Authority of Appointed Persons.--A person appointed under 
subsection (a)(2) shall have the authority to--
            ``(1) issue orders for the taking of testimony or 
        statements and the production of evidence or information, which 
        orders may be served at any place within the United States;
            ``(2) administer any necessary oath; and
            ``(3) take testimony or statements and receive evidence and 
        information.
    ``(c) Persons Ordered To Appear.--A person ordered pursuant to 
subsection (b)(1) to appear outside the district in which that person 
resides or is found may, not later than 10 days after receipt of the 
order--
            ``(1) file with the judge or judge magistrate who 
        authorized execution of the request a motion to appear in the 
        district in which that person resides or is found or in which 
        the evidence or information is located; or
            ``(2) provide written notice, requesting appearance in the 
        district in which the person resides or is found or in which 
        the evidence or information is located, to the person issuing 
        the order to appear, who shall advise the judge or judge 
        magistrate authorizing execution.
    ``(d) Transfer of Requests.--
            ``(1) In general.--The judge or judge magistrate may 
        transfer a request under subsection (c), or that portion 
        requiring the appearance of that person, to the other district 
        if--
                    ``(A) the inconvenience to the person is 
                substantial; and
                    ``(B) the transfer is unlikely to adversely affect 
                the effective or timely execution of the request or a 
                portion thereof.
            ``(2) Execution.--Upon transfer, the judge or judge 
        magistrate to whom the request or a portion thereof is 
        transferred shall complete its execution in accordance with 
        subsections (a) and (b).''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
117 of title 28, United States Code, is amended by adding at the end 
the following:

``1785. Assistance to foreign authorities.''.

SEC. 9403. TEMPORARY TRANSFER TO FOREIGN COUNTRY OF INCARCERATED 
              WITNESSES.

    (a) In General.--Section 3508 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 3508. Temporary transfer of witnesses in custody'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Transfer Authority.--
            ``(1) In general.--If the testimony of a person who is 
        serving a sentence, in pretrial detention, or otherwise being 
        held in custody in the United States, is needed in a foreign 
        criminal proceeding, the Attorney General shall have the 
        authority to--
                    ``(A) temporarily transfer that person to the 
                foreign country for the purpose of giving the 
                testimony;
                    ``(B) transport that person from the United States 
                in custody;
                    ``(C) make appropriate arrangements for custody for 
                that person while outside the United States; and
                    ``(D) return that person in custody to the United 
                States from the foreign country.
            ``(2) Persons held for state law violations.--If the person 
        is being held in custody for a violation of State law, the 
        Attorney General may exercise the authority described in this 
        subsection if the appropriate State authorities give their 
        consent.
    ``(c) Return of Persons Transferred.--
            ``(1) In general.--If the transfer to or from the United 
        States of a person in custody for the purpose of giving 
        testimony is provided for by treaty or convention, by this 
        section, or both, that person shall be returned to the United 
        States, or to the foreign country from which the person is 
        transferred.
            ``(2) Limitation.--In no event shall the return of a person 
        under this subsection require any request for extradition or 
        extradition proceedings, or require that person to be subject 
        to deportation or exclusion proceedings under the laws of the 
        United States, or the foreign country from which the person is 
        transferred.
    ``(d) Applicability of International Agreements.--If there is an 
international agreement between the United States and the foreign 
country in which a witness is being held in custody or to which the 
witness will be transferred from the United States, that provides for 
the transfer, custody, and return of those witnesses, the terms and 
conditions of that international agreement shall apply. If there is no 
such international agreement, the Attorney General may exercise the 
authority described in subsections (a) and (b) if both the foreign 
country and the witness give their consent.
    ``(e) Rights of Persons Transferred.--
            ``(1) Notwithstanding any other provision of law, a person 
        held in custody in a foreign country who is transferred to the 
        United States pursuant to this section for the purpose of 
        giving testimony--
                    ``(A) shall not by reason of that transfer, during 
                the period that person is present in the United States 
                pursuant to that transfer, be entitled to apply for or 
                obtain any right or remedy under the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.), including the 
right to apply for or be granted asylum or withholding of deportation 
or any right to remain in the United States under any other law; and
                    ``(B) may be summarily removed from the United 
                States upon order of the Attorney General.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to create any substantive or procedural right or 
        benefit to remain in the United States that is legally 
        enforceable in a court of law of the United States or of a 
        State by any party against the United States or its agencies or 
        officers.
    ``(f) Consistency With International Obligations.--The Attorney 
General shall not take any action under this section to transfer or 
return a person to a foreign country unless the Attorney General 
determines, after consultation with the Secretary of State, that 
transfer or return would be consistent with the international 
obligations of the United States. A determination by the Attorney 
General under this subsection shall not be subject to judicial review 
by any court.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
223 of title 18, United States Code, is amended by striking the item 
relating to section 3508 and inserting the following:

``3508. Temporary transfer of witnesses in custody.''.

SEC. 9404. DISCRETIONARY AUTHORITY TO USE FORFEITURE PROCEEDS.

    Section 524(c)(1) of title 28, United States Code, is amended by--
            (1) redesignating subparagraph (I) beginning with ``after 
        all'' as subparagraph (J);
            (2) in subparagraph (J) as redesignated, striking the 
        period and inserting ``, and''; and
            (3) adding at the end the following:
                    ``(K) at the discretion of the Attorney General, 
                payments to return forfeited property repatriated to 
                the United States by a foreign government or others 
                acting at the direction of a foreign government, and 
                interest earned on the property, if--
                            ``(i) a final foreign judgment entered 
                        against a foreign government or those acting at 
                        its direction, which foreign judgment was based 
                        on the measures, such as seizure and 
                        repatriation of property, that resulted in 
                        deposit of the funds into the Fund;
                            ``(ii) the foreign judgment was entered and 
                        presented to the Attorney General not later 
                        than 5 years after the date on which the 
                        property was repatriated to the United States;
                            ``(iii) the foreign government or those 
                        acting at its direction vigorously defended its 
                        actions under its own laws; and
                            ``(iv) the amount of the disbursement does 
                        not exceed the amount of funds deposited to the 
                        Fund, plus interest earned on those funds 
                        pursuant to section 524(c)(5), less any awards 
                        and equitable shares paid by the Fund to the 
                        foreign government or those acting at its 
                        direction in connection with a particular 
                        case.''.

     Subtitle F--Streamlining the Investigation and Prosecution of 
              International Crimes in United States Courts

SEC. 9501. REIMBURSEMENT OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES IN 
              INTERNATIONAL CRIME CASES.

    The Attorney General may obligate, as necessary expenses, from any 
appropriate appropriation account available to the Department of 
Justice in fiscal year 1999 or any fiscal year thereafter, the cost of 
reimbursement to State or local law enforcement agencies for 
translation services and related expenses, including transportation 
expenses, in cases involving extradition or requests for mutual legal 
assistance from foreign governments.

SEC. 9502. STRENGTHEN WAR CRIMES OFFENSE.

    Section 2441 of title 18, United States Code, is amended in 
subsection (b), by inserting ``: (1)'' after ``are'', and by adding the 
following before the period: ``; (2) the perpetrator is found in the 
United States after the crime is committed; or (3) the crime occurs 
within the United States''.

SEC. 9503. SAFE CONDUCT FOR FOREIGN WITNESSES TESTIFYING IN UNITED 
              STATES COURTS.

    (a) In General.--Chapter 305 of title 18, United States Code, as 
amended by section 9106 of this Act, is amended by adding at the end 
the following:
``Sec. 4088. Safe conduct for witnesses temporarily in the United 
              States
    ``(a) Definitions.--In this section:
            ``(1) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' has the meaning given the term in 
        section 115.
            ``(2) Magistrate judge.--The term `magistrate judge' has 
        the meaning given the term in Rule 54 of the Federal Rules of 
        Criminal Procedure.
            ``(3) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
    ``(b) Safe Conduct.--The Attorney General may determine that, if a 
person located outside the United States is requested by a magistrate 
judge or Federal law enforcement officer to appear and provide 
testimony or answer questions in the United States in connection with 
any Federal or State criminal matter, the person shall not be subject 
to service of process, or be detained or subjected to any restriction 
of personal liberty, by reason of any acts or convictions that preceded 
the departure of that person from the foreign jurisdiction.
    ``(c) Terms and Conditions.--
            ``(1) In general.--The Attorney General may specify in any 
        grant of safe conduct the appropriate duration and conditions 
        of the grant.
            ``(2) Time period.--Absent contrary direction by the 
        Attorney General, the safe conduct provided for by this section 
        shall expire not later the earlier of--
                    ``(A) the date on which the person leaves the 
                United States; or
                    ``(B) 7 days after the earlier of--
                            ``(i) the date on which the person 
                        completes the testimony of that person or the 
                        answers of that person to the questions; or
                            ``(ii) the date on which the requesting 
                        magistrate judge or Federal law enforcement 
                        officer has notified either the person or the 
                        appropriate authorities in the foreign 
                        jurisdiction that the presence of that person 
                        in the United States is no longer required.
            ``(3) Immigration status and removal.--Absent contrary 
        direction by the Attorney General, persons granted safe 
        conduct--
                    ``(A) shall not be entitled to apply for or obtain 
                any light or remedy under the Immigration and 
                Nationality Act, for so long as they are present in the 
                United States pursuant to those grants; and
                    ``(B) may be summarily removed from the United 
                States at the expiration of the safe conduct period 
                upon order of the Attorney General, and those orders 
                shall not be subject to administrative or judicial 
                review.
    ``(d) Judicial Review.--A determination by the Attorney General to 
grant, deny, or condition safe conduct under this section shall not be 
subject to judicial review.
    ``(e) Treaty Provisions.--To the extent the provisions of an 
applicable mutual legal assistance treaty are inconsistent with this 
section, the treaty provisions shall apply.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
305 of title 18, United States Code, is amended by adding at the end 
the following:

``4088. Safe conduct for witnesses temporarily in the United States.''.

SEC. 9504. PROHIBITING FUGITIVES FROM BENEFITING FROM TIME SERVED 
              ABROAD.

    Section 3585 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Exclusion for Time Served Abroad.--Notwithstanding subsection 
(b), a defendant shall receive no credit for any time spent in official 
detention in a foreign country if--
            ``(1) the defendant fled from, or remained outside of, the 
        United States to avoid prosecution or imprisonment;
            ``(2) the United States officially requested the return of 
        the defendant to the United States for prosecution or 
        imprisonment; and
            ``(3) the defendant is in custody in the foreign country 
        pending surrender to the United States for prosecution or 
        imprisonment.''.

SEC. 9505. SUSPENSION OF STATUTE OF LIMITATIONS FOR COLLECTION OF 
              EVIDENCE LOCATED ABROAD.

    Section 3292(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Period of Suspension.--Except as provided in subsection (c), 
a period of suspension under this section shall begin on the date on 
which the official request is made and end on the date on which, the 
foreign court or authority having taken final action on the request and 
having transmitted the decision or results to the United States, the 
decision or results are delivered to the requesting United States 
authority.''.

SEC. 9506. CLARIFICATION OF DISCRETIONARY NATURE OF PAYMENTS TO 
              INFORMANTS.

    Section 619(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1619(a)(2)) 
is amended, in the flush matter following subparagraph (B), by 
inserting ``(or a designee of the Secretary), in the sole discretion of 
the Secretary (or designee), '' after ``the Secretary''.

SEC. 9507. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY 
              PERSONS ACCOMPANYING THE ARMED FORCES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 211 the following:

  ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES

``Sec. 3261. Criminal offenses committed by persons formerly serving 
              with, or presently employed by or accompanying, the Armed 
              Forces outside the United States
    ``(a) Whoever, while serving with, employed by, or accompanying the 
Armed Forces outside the United States, engages in conduct which would 
constitute an offense punishable by imprisonment for more than 1 year 
if the conduct had been engaged in within the special maritime and 
territorial jurisdiction of the United States, shall be guilty of a 
like offense and subject to a like punishment.
    ``(b) Nothing contained in this chapter deprives courts-martial, 
military commissions, provost courts, or other military tribunals of 
concurrent jurisdiction with respect to offenders or offenses that by 
statute or by the law of war may be tried by courts-martial, military 
commissions, provost courts, or other military tribunals.
    ``(c) No prosecution may be commenced under this section if a 
foreign government, in accordance with jurisdiction recognized by the 
United States, has prosecuted or is prosecuting such person for the 
conduct constituting such offense, except upon the approval of the 
Attorney General of the United States or the Deputy Attorney General of 
the United States (or a person acting in either such capacity), which 
function of approval may not be delegated.
    ``(d)(1) The Secretaries of Defense and Transportation may 
designate and authorize any person serving in a law enforcement 
position in the Department of Defense and the Department of 
Transportation when the Coast Guard is not operating as part of the 
Navy to arrest outside the United States any person described in 
subsection (a) of this section who there is probable cause to believe 
engaged in conduct which constitutes a criminal offense under such 
section.
    ``(2) A person arrested under paragraph (1) of this section shall 
be released to the custody of civilian law enforcement authorities of 
the United States for removal to the United States for judicial 
proceedings in relation to conduct referred to in such paragraph 
unless--
            ``(A) such person is delivered to authorities of a foreign 
        country under section 3262 of this title; or
            ``(B) charges are preferred against such person under 
        chapter 47 of title 10 for such conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) A person described in section 3261(a) of this title may be 
delivered to the appropriate authorities of a foreign country in which 
such person is alleged to have engaged in conduct described in such 
subsection (a) of this section if--
            ``(1) the appropriate authorities of that country request 
        the delivery of the person to such country for trial for such 
        conduct as an offense under the laws of that country; and
            ``(2) the delivery of such person to that country is 
        authorized by a treaty or other international agreement to 
        which the United States is a party.
    ``(b) The Secretary of Defense, in consultation with the Secretary 
of State, shall determine what officials of a foreign country 
constitute appropriate authorities for the purpose of this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense, in consultation with the Secretary of 
State, shall issue regulations governing the apprehension, detention, 
and removal of persons under this chapter. Such regulations shall be 
uniform throughout the Department of Defense.
``Sec. 3264. Definitions for chapter
    ``As used in this chapter--
            ``(1) a person is `employed by the Armed Forces outside the 
        United States'--
                    ``(A) if he or she is employed as a civilian 
                employee of a military department or of the Department 
                of Defense, as a Department of Defense contractor, or 
                as an employee of a Department of Defense contractor;
                    ``(B) is present or residing outside the United 
                States in connection with such employment; and
                    ``(C) is not a national of the host nation;
            ``(2) a person is `accompanying the Armed Forces outside 
        the United States' if he or she--
                    ``(A) is a dependent of a member of the Armed 
                Forces or of a civilian employee of a military 
                department or of the Department of Defense;
                    ``(B) is residing with the member or civilian 
                employee outside the United States; and
                    ``(C) is not a national of the host nation.''.
    (b) The table of chapters at the beginning of part II of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 211 the following:

``212. Criminal Offenses Committed Outside the United States    3261''.

  TITLE X--STRENGTHENING THE AIR, LAND, AND SEA BORDERS OF THE UNITED 
                                 STATES

       Subtitle A--Violence Committed Along United States Borders

SEC. 10001. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED 
              STATES BORDERS.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 554. Violence while eluding inspection or during violation of 
              arrival, reporting, entry, or clearance requirements
    ``(a) In General.--Whoever attempts to commit or commits a crime of 
violence or recklessly operates any conveyance during and in relation 
to--
            ``(1)(A) attempting to elude or eluding immigration, 
        customs, or agriculture inspection; or
            ``(B) failing to stop at the command of an officer or 
        employee of the United States charged with enforcing the 
        immigration, customs, or other laws of the United States along 
        any border of the United States; or
            ``(2) an intentional violation of arrival, reporting, 
        entry, or clearance requirements, as set forth in section 107 
        of the Federal Plant Pest Act (7 U.S.C. 150ff), section 10 of 
        the Act of August 20, 1912 (commonly known as the `Plant 
        Quarantine Act' (7 U.S.C. 164a)), section 7 of the Federal 
        Noxious Weed Act of 1974 (7 U.S.C. 2807), section 431, 433, 
        434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433, 
        1434, and 1459), section 10 of the Act of August 30, 1890 (26 
        Stat. 417; chapter 839 (21 U.S.C. 105), section 2 of the Act of 
        February 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C. 111), 
        section 4197 of the Revised Statutes (46 U.S.C. App. 91), or 
        sections 231, 232, and 234 through 238 of the Immigration and 
        Nationality Act (8 U.S.C. 1221, 1222, and 1224 through 1228) 
        shall be--
                    ``(A) fined under this title, imprisoned not more 
                than 5 years, or both;
                    ``(B) if bodily injury (as defined in section 
                1365(g)) results, fined under this title, imprisoned 
                not more than 10 years, or both; or
                    ``(C) if death results, fined under this title, 
                imprisoned for any term of years or for life, or both, 
                and may be sentenced to death.
    ``(b) Conspiracy.--If 2 or more persons conspire to commit an 
offense under subsection (a), and 1 or more of those persons do any act 
to effect the object of the conspiracy, each shall be punishable as a 
principal, except that a sentence of death may not be imposed.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
27 of title 18, United States Code, is amended by adding at the end the 
following:

``554. Violence while eluding inspection or during violation of 
                            arrival, reporting, entry, or clearance 
                            requirements.''.
    (c) Reckless Endangerment.--Section 111 of title 18, United States 
Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Reckless Endangerment.--Whoever--
            ``(1) knowingly disregards or disobeys the lawful authority 
        or command of any officer or employee of the United States 
        charged with enforcing the immigration, customs, or other laws 
        of the United States along any border of the United States 
        while engaged in, or on account of, the performance of official 
        duties of that officer or employee; and
            ``(2) as a result of disregarding or disobeying an 
        authority or command referred to in paragraph (1), endangers 
        the safety of any person or property,
shall be fined under this title, imprisoned not more than 6 months, or 
both.''.

Subtitle B--Strengthening Maritime Law Enforcement Along United States 
                                Borders

SEC. 11001. SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTING A LAWFUL 
              BOARDING, AND PROVIDING FALSE INFORMATION.

    (a) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2237. Sanctions for failure to heave to; sanctions for 
              obstruction of boarding or providing false information
    ``(a) Definitions.--In this section:
            ``(1) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' has the meaning given that term in 
        section 115(c).
            ``(2) Heave to.--The term `heave to' means, with respect to 
        a vessel, to cause that vessel to slow or come to a stop to 
facilitate a law enforcement boarding by adjusting the course and speed 
of the vessel to account for the weather conditions and the sea state.
            ``(3) Vessel of the united states; vessel subject to the 
        jurisdiction of the united states.--The terms `vessel of the 
        United States' and `vessel subject to the jurisdiction of the 
        United States' have the meanings given those terms in section 3 
        of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).
    ``(b) Failure To Obey an Order To Heave to.--
            ``(1) In general.--It shall be unlawful for the master, 
        operator, or person in charge of a vessel of the United States 
        or a vessel subject to the jurisdiction of the United States, 
        to fail to obey an order to heave to that vessel on being 
        ordered to do so by an authorized Federal law enforcement 
        officer.
            ``(2) Impeding boarding; providing false information in 
        connection with a boarding.--It shall be unlawful for any 
        person on board a vessel of the United States or a vessel 
        subject to the jurisdiction of the United States knowingly or 
        willfully to--
                    ``(A) fail to comply with an order of an authorized 
                Federal law enforcement officer in connection with the 
                boarding of the vessel;
                    ``(B) impede or obstruct a boarding or arrest, or 
                other law enforcement action authorized by any Federal 
                law; or
                    ``(C) provide false information to a Federal law 
                enforcement officer during a boarding of a vessel 
                regarding the destination, origin, ownership, 
                registration, nationality, cargo, or crew of the 
                vessel.
    ``(c) Statutory Construction.--Nothing in this section may be 
construed to limit the authority granted before the date of enactment 
of the Safe Schools, Safe Streets, and Secure Borders Act of 1998 to--
            ``(1) a customs officer under section 581 of the Tariff Act 
        of 1930 (19 U.S.C. 1581) or any other provision of law enforced 
        or administered by the United States Customs Service; or
            ``(2) any Federal law enforcement officer under any Federal 
        law to order a vessel to heave to.
    ``(d) Consent or Waiver of Objection by a Foreign Country.--
            ``(1) In general.--A foreign country may consent to or 
        waive objection to the enforcement of United States law by the 
        United States under this section by international agreement or, 
        on a case-by-case basis, by radio, telephone, or similar oral 
        or electronic means.
            ``(2) Proof of consent or waiver.--The Secretary of State 
        or a designee of the Secretary of State may prove a consent or 
        waiver described in paragraph (1) by certification.
    ``(e) Penalties.--Any person who intentionally violates any 
provision of this section shall be fined under this title, imprisoned 
not more than 5 years, or both.
    ``(f) Seizure of Vessels.--
            ``(1) In general.--A vessel that is used in violation of 
        this section may be seized and forfeited.
            ``(2) Applicability of laws.--
                    ``(A) In general.--Subject to subparagraph (C), the 
                laws described in subparagraph (B) shall apply to 
                seizures and forfeitures undertaken, or alleged to have 
                been undertaken, under any provision of this section.
                    ``(B) Laws described.--The laws described in this 
                subparagraph are the laws relating to the seizure, 
                summary, judicial forfeiture, and condemnation of 
                property for violation of the customs laws, the 
                disposition of the property or the proceeds from the 
                sale thereof, the remission or mitigation of the 
                forfeitures, and the compromise of claims.
                    ``(C) Execution of duties by officers and agents.--
                Any duty that is imposed upon a customs officer or any 
                other person with respect to the seizure and forfeiture 
                of property under the customs laws shall be performed 
                with respect to a seizure or forfeiture of property 
                under this section by the officer, agent, or other 
                person that is authorized or designated for that 
                purpose.
            ``(3) In rem liability.--A vessel that is used in violation 
        of this section shall, in addition to any other liability 
        prescribed under this subsection, be liable in rem for any fine 
        or civil penalty imposed under this section.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
109 of title 18, United States Code, is amended by adding at the end 
the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
                            boarding or providing false information.''.

SEC. 11002. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 675. Civil penalty for failure to comply with a lawful boarding, 
              obstruction of boarding, or providing false information
    ``(a) In General.--Any person who violates section 2237(b) of title 
18 shall be liable for a civil penalty of not more than $25,000.
    ``(b) In Rem Liability.--In addition to being subject to the 
liability under subsection (a), a vessel used to violate an order 
relating to the boarding of a vessel issued under the authority of 
section 2237 of title 18 shall be liable in rem and may be seized, 
forfeited, and sold in accordance with section 594 of the Tariff Act of 
1930 (19 U.S.C. 1594).''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
17 of title 14, United States Code, is amended by adding at the end the 
following:

``675. Civil penalty for failure to comply with a lawful boarding, 
                            obstruction of boarding, or providing false 
                            information.''.

SEC. 11003. CUSTOMS ORDERS.

    Section 581 of the Tariff Act of 1930 (19 U.S.C. 1581) is amended 
by adding at the end the following:
    ``(i) Authorized Place Defined.--In this section, the term 
`authorized place' includes, with respect to a vessel or vehicle, a 
location in a foreign country at which United States customs officers 
are permitted to conduct inspections, examinations, or searches.''.

     Subtitle C--Smuggling of Contraband and Other Illegal Products

SEC. 12001. SMUGGLING CONTRABAND AND OTHER GOODS FROM THE UNITED 
              STATES.

    (a) In General.--
            (1) Smuggling goods from the united states.--Chapter 27 of 
        title 18, United States Code, as amended by section 10001 of 
        this Act, is amended by adding at the end the following:
``Sec. 555. Smuggling goods from the United States
    ``(a) United States Defined.--In this section, the term `United 
States' has the meaning given that term in section 545.
    ``(b) Penalties.--Whoever--
            ``(1) fraudulently or knowingly exports or sends from the 
        United States, or attempts to export or send from the United 
        States, any merchandise, article, or object contrary to any law 
        of the United States (including any regulation of the United 
        States); or
            ``(2) receives, conceals, buys, sells, or in any manner 
        facilitates the transportation, concealment, or sale of that 
        merchandise, article, or object, prior to exportation, knowing 
        that merchandise, article, or object to be intended for 
        exportation contrary to any law of the United States,
shall be fined under this title, imprisoned not more than 5 years, or 
both.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 27 of title 18, United States Code, is amended by 
        adding at the end the following:

``555. Smuggling goods from the United States.''.
    (b) Laundering of Monetary Instruments.--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by inserting ``section 555 
(relating to smuggling goods from the United States),'' before 
``section 641 (relating to public money, property, or records),''.
    (c) Merchandise Exported From United States.--Section 596 of the 
Tariff Act of 1930 (19 U.S.C. 1595a) is amended by adding at the end 
the following:
    ``(d) Merchandise Exported From the United States.--Merchandise 
exported or sent from the United States or attempted to be exported or 
sent from the United States contrary to law, or the value thereof, and 
property used to facilitate the receipt, purchase, transportation, 
concealment, or sale of that merchandise prior to exportation shall be 
forfeited to the United States.''.

SEC. 12002. CONTROLLING ILLICIT LIQUOR TRAFFICKING.

    (a) In General.--Title 18, United States Code, is amended--
            (1) in section 546--
                    (A) by inserting ``, vehicle, aircraft, conveyance 
                or other mode of transportation'' after ``vessel'' each 
                place it appears; and
                    (B) by striking ``if under the laws of such foreign 
                government any penalty or forfeiture is provided for 
                violation of the laws of the United States respecting 
                the customs revenue,'';
            (2) by striking section 1261 and inserting the following:
``Sec. 1261. Enforcement
    ``The Secretary of the Treasury shall enforce this chapter and may 
promulgate such regulations as the Secretary determines to be necessary 
to carry out this chapter.'';
            (3) in section 1956(c)(7)(D), by inserting before ``section 
        549 (relating to removing goods from Customs custody)'' the 
        following: ``section 546 (relating to smuggling goods into 
foreign countries),''; and
            (4) in chapter 59, by adding at the end the following:
``Sec. 1266. Trafficking in contraband liquor
    ``(a) State Defined.--In this section, the term `State' includes a 
State of the United States, the District of Columbia, and a 
commonwealth, territory, or possession of the United States.
    ``(b) Prohibition.--It shall be unlawful for any person to ship or 
transport or attempt to ship or transport, or introduce or attempt to 
introduce, more than 360 liters of distilled spirits from 1 State into 
another State or foreign country, or receive or possess more than 360 
liters of distilled spirits that have been transported in interstate or 
foreign commerce in violation of Federal or State law.
    ``(c) Penalties.--
            ``(1) In general.--Whoever knowingly violates subsection 
        (b)--
                    ``(A) in the case of a violation involving a 
                quantity of distilled spirits of 15,000 liters or less, 
                shall be fined under this title, imprisoned not more 
                than 5 years, or both; or
                    ``(B) in the case of a violation involving a 
                quantity of distilled spirits of more than 15,000 
                liters, shall be fined under this title, imprisoned not 
                more than 10 years, or both.
            ``(2) Seizure and forfeiture.--Subject to paragraph (3), 
        the Secretary of the Treasury shall seize and forfeit, in 
        accordance with section 9703(o) of title 31, any--
                    ``(A) conveyance, liquor, or monetary instrument 
                (that is included under the definition of `monetary 
                instruments' in section 5312 of title 31) involved in a 
                violation of this section; or
                    ``(B) property (real or personal) that constitutes 
                or is derived from proceeds traceable to a violation of 
                this section.
            ``(3) Limitation.--No property shall be forfeited under 
        this section to the extent of the interest of an owner or lien 
        holder by reason of any act or omission established by that 
        owner or lien holder to have been committed without the 
        knowledge of that owner or lien holder.
            ``(4) Seizure and forfeiture.--
                    ``(A) In general.--In imposing sentence on a person 
                convicted of violating this section, the court shall 
                order that person to forfeit to the United States any 
                property described in paragraph (2) involved in the 
                violation.
                    ``(B) Applicable laws.--The seizure and forfeiture 
                of property referred to in subparagraph (A) shall be 
                governed by subsections (b), (c), and (e) through (p) 
                of section 413 of the Comprehensive Drug Abuse 
                Prevention and Control Act of 1970 (21 U.S.C. 853).
    ``(d) Statutory Construction.--Nothing in this chapter may be 
construed to affect the concurrent jurisdiction of a State to enact and 
enforce liquor laws, to provide for the confiscation of liquor and 
other property seized for violation of those laws, and to provide for 
penalties for the violation of those laws.''.
    (b) Technical and Conforming Amendments.--The analysis for chapter 
59 of title 18, United States Code, is amended--
            (1) by striking the item relating to section 1261 and 
        inserting the following:

``1261. Enforcement.''; and
            (2) by adding at the end the following:

``1266. Trafficking in contraband liquor.''.

SEC. 12003. STRENGTHENING OF STATUTE PUNISHING EVASION OR EMBEZZLEMENT 
              OF CUSTOMS DUTIES.

    (a) In General.--Section 542 of title 18, United States Code, is 
amended--
            (1) in the section heading, by adding ``theft, 
        embezzlement, or misapplication of duties'' at the end;
            (2) by redesignating the fourth and fifth undesignated 
        paragraphs as subsections (b) and (c), respectively;
            (3) in the third undesignated paragraph--
                    (A) by striking ``Shall be fined'' and inserting 
                the following:
``shall be fined''; and
                    (B) by striking ``two years'' and inserting ``5 
                years'';
            (4) in the second undesignated paragraph--
                    (A) by striking ``Whoever is guilty'' and inserting 
                the following:
            ``(2) is guilty''; and
                    (B) by striking ``act or omission--'' and inserting 
                ``act or omission; or'';
            (5) in the first undesignated paragraph, by striking 
        ``Whoever knowingly effects'' and inserting the following:
    ``(a) Whoever--
            ``(1) knowingly effects''; and
            (6) in subsection (a), (as so designated by paragraph (5) 
        of this subsection) by inserting after paragraph (2) (as so 
        designated by paragraph (4) of this subsection) the following:
            ``(3) embezzles, steals, abstracts, purloins, willfully 
        misapplies, willfully permits to be misapplied, or wrongfully 
        converts to his own use, or to the use of another, moneys, 
        funds, credits, assets, securities or other property entrusted 
        to his or her custody or care, or to the custody or care of 
        another for the purpose of paying any lawful duties;''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
27 of title 18, United States Code, is amended by striking the item 
relating to section 542 and inserting the following:

``542. Entry of goods by means of false statements, theft, 
                            embezzlement, or misapplication of 
                            duties.''.

SEC. 12004. FALSE CERTIFICATIONS RELATING TO EXPORTS.

    (a) In General.--Chapter 27 of title 18, United States Code, as 
amended by section 2301 of this Act, is amended by adding at the end 
the following:
``Sec. 556. False certifications relating to exports
    ``Whoever knowingly transmits in interstate or foreign commerce any 
false or fraudulent certificate of origin, invoice, declaration, 
affidavit, letter, paper, or statement (whether written or otherwise), 
that represents explicitly or implicitly that goods, wares, or 
merchandise to be exported qualify for purposes of any international 
trade agreement to which the United States is a signatory shall be 
fined under this title, imprisoned not more than 5 years, or both.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
27 of title 18, United States Code, is amended by adding at the end the 
following:

``556. False certifications relating to exports.''.

  Subtitle D--Strengthening Immigration Laws To Exclude International 
                    Criminals From the United States

SEC. 13001. INADMISSIBILITY OF PERSONS FLEEING PROSECUTION IN OTHER 
              COUNTRIES.

    (a) New Grounds of Inadmissibility.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
adding at the end the following:
                    ``(G) Unlawful flight to avoid prosecution.--Any 
                alien who is coming to the United States solely, 
                principally, or incidentally to avoid lawful 
                prosecution in a foreign country for a crime involving 
                moral turpitude (other than a purely political offense) 
                is inadmissible.''.
    (b) Countries to Which Aliens May Be Removed.--Section 241(b) of 
the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended--
            (1) in paragraph (3), by striking ``paragraphs (1) and 
        (2)'' and inserting ``paragraphs (1), (2), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Aliens sought for prosecution.--Notwithstanding 
        paragraphs (1) and (2) of this subsection, any alien who is 
        found removable under section 212(a)(2)(G) (or section 
        212(a)(2)(G) as applied pursuant to section 237(a)(1)(A)), 
        shall be removed to the country seeking prosecution of that 
        alien unless, in the discretion of the Attorney General, the 
        removal is determined to be impracticable, inadvisable, or 
        impossible. In that case, removal shall be directed according 
        to paragraphs (1) and (2) of this subsection.''.

SEC. 13002. INADMISSIBILITY OF PERSONS INVOLVED IN RACKETEERING AND 
              ARMS TRAFFICKING.

    (a) New Grounds of Inadmissibility.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
adding at the end the following:
                    ``(G) Racketeering activities.--Any alien is 
                inadmissible if the consular officer or the Attorney 
                General knows or has reason to believe that the alien--
                            ``(i) is or has been engaged in activities 
                        that, if engaged in within the United States, 
                        would constitute `pattern of racketeering 
                        activity' (as defined in section 1961 of title 
                        18, United States Code) or has been a knowing 
                        assister, abettor, or conspirator with others 
                        in any such illicit activity; or
                            ``(ii) is the spouse or adult child of an 
                        alien inadmissible under clause (i), has, 
                        during the preceding 5-year period, obtained 
                        any financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of the illicit 
                        activity.
                    ``(H) Trafficking in firearms or nuclear or 
                explosive materials.--Any alien inadmissible if the 
                consular officer or the Attorney General knows or has 
                reason to believe that the alien--
                            ``(i) is or has been engaged in illicit 
                        trafficking of firearms (as defined in section 
                        921 of title 18, United States Code), nuclear 
                        materials (as defined in section 831 of title 
                        18, United States Code), or explosive materials 
                        (as defined in section 841 of title 18, United 
                        States Code); or has been a knowing assister, 
                        abettor, conspirator, or colluder with others 
                        in the illicit activity; or
                            ``(ii) is the spouse or adult child of an 
                        alien inadmissible under clause (i), has, 
                        during the preceding 5-year period, obtained 
                        any financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of the illicit 
                        activity.''.
    (b) Waiver Authority.--Section 212(h) of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended, in the matter preceding 
paragraph (1)--
            (1) by striking ``The Attorney General'' and all that 
        follows through ``of subsection (a)(2)'' and inserting the 
        following: ``The Attorney General may, as a matter of 
        discretion, waive the application of subparagraphs (A)(i)(I), 
        (B), (C)(ii), (D), (E), (G)(ii), and (H)(ii) of subsection 
        (a)(2),''; and
            (2) by inserting before ``if--'' the following: ``, and 
        subparagraph (G)(i) of that subsection insofar as it relates to 
        an offense other than an aggravated felony''.

SEC. 13003. INADMISSIBILITY OF PERSONS WHO HAVE BENEFITED FROM ILLICIT 
              ACTIVITIES OF DRUG TRAFFICKERS.

    Section 212(a)(2)(C) of the Immigration and Nationality Act (8 
U.S.C.1182 (a)(2)(C)) is amended to read as follows:
                    ``(C) Controlled substance traffickers.--Any alien 
                is inadmissible if the consular officer or the Attorney 
                General knows or has reason to believe that the alien--
                            ``(i) is or has been an illicit trafficker 
                        in any controlled substance or in any listed 
                        chemical or listed precursor chemical (as 
                        defined in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)), or is or has 
                        been a knowing assister, abettor, or 
                        conspirator with others in the illicit 
                        trafficking in any such controlled or listed 
                        substance or chemical; or
                            ``(ii) is the spouse or adult child of an 
                        alien inadmissible under clause (i), has, 
                        during the preceding 5-year period, obtained 
                        any financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of the illicit 
                        activity.''.

SEC. 13004. INADMISSIBILITY OF PERSONS INVOLVED IN INTERNATIONAL ALIEN 
              SMUGGLING.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended--
            (1) in subsection (a)(6), by striking subparagraph (E) and 
        inserting the following:
                    ``(E) Smugglers.--Any alien is inadmissible if, at 
                any time, the alien has knowingly encouraged, induced, 
                assisted, abetted, or aided for financial gain or 
                profit any other alien--
                            ``(i) to enter or try to enter the United 
                        States in violation of law; or
                            ``(ii) to enter or try to enter any other 
                        country, if that alien knew or reasonably 
                        should have known that the entry or attempted 
                        entry was likely to be in furtherance of the 
                        entry or attempted entry by that alien into the 
                        United States in violation of law.''; and
            (2) in subsection (d)(11), by inserting ``or to enter any 
        other country in furtherance of an entry or attempted entry 
        into the United States in violation of law'' before the period 
        at the end.

                      Subtitle E--Alien Smuggling

SEC. 14001. FORFEITURE FOR ALIEN SMUGGLING.

    (a) Civil Forfeiture.--Section 274(b) of the Immigration and 
Nationality Act (8 U.S.C. 1324(b)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) The following property shall be subject to seizure 
        and forfeiture:
                    ``(A) Any conveyance, including any vessel, 
                vehicle, or aircraft, that has been or is being used in 
the commission of a violation of subsection (a).
                    ``(B) Any property, real or personal--
                            ``(i) that constitutes, or is derived from 
                        or is traceable to the proceeds obtained 
                        directly or indirectly from the commission of a 
                        violation of subsection (a); or
                            ``(ii) that is used to facilitate, or is 
                        intended to be used to facilitate, the 
                        commission of a violation of subsection (a).
            ``(2) Any property subject to forfeiture to the United 
        States under this section may be seized by the Attorney General 
        in the manner set forth in section 981(b) of title 18, United 
        States Code.''; and
            (2) in paragraphs (4) and (5), by striking ``a conveyance'' 
        and ``conveyance'' each place it appears and inserting 
        ``property''.
    (b) Criminal Forfeiture.--Section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Criminal Forfeiture.--
            ``(1) Any person convicted of a violation of subsection (a) 
        shall forfeit to the United States, irrespective of any 
        provision of State law--
                    ``(A) any conveyance, including any vessel, 
                vehicle, or aircraft used in the commission of a 
                violation of subsection (a); and
                    ``(B) any property real or personal--
                            ``(i) that constitutes, or is derived from 
                        or is traceable to the proceeds obtained 
                        directly or indirectly from the commission of a 
                        violation of subsection (a); or
                            ``(ii) that is used to facilitate, or is 
                        intended to be used to facilitate, the 
                        commission of a violation of subsection (a).
            ``(2) The court, in imposing sentence on a person described 
        in paragraph, shall order that the person forfeit to the United 
        States all property described in this subsection.
            ``(3) The criminal forfeiture of property under this 
        subsection, including any seizure and disposition of the 
        property and any related administrative or judicial proceeding, 
        shall be governed by the provisions of section 413 of the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
        U.S.C. 853), except for subsection 413(d) which shall not apply 
        to forfeitures under this subsection.''.

       Subtitle F--Trafficking in Chemicals Used To Produce Drugs

SEC. 15001. IMPORT AND EXPORT OF CHEMICALS USED TO PRODUCE ILLICIT 
              DRUGS.

    (a) Notification Prior to Transaction.--Section 1018 of the 
Controlled Substances Import and Export Act (21 U.S.C. 971) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Notification Prior to Transaction.--Each person who proposes 
to engage in a transaction involving the importation or exportation of 
a listed chemical that requires advance notification pursuant to the 
regulations of the Attorney General or the importation or exportation 
of a tableting machine, or an encapsulating machine shall notify the 
Attorney General of the importation or exportation not later than 15 
days before the transaction is to take place in such form and supplying 
such information as the Attorney General shall require by regulation. 
In the case of an importation for transfer or transshipment pursuant to 
section 1004, such notice shall be made as provided in that section.'';
            (2) in subsection (c)(1)--
                    (A) by striking ``(other than a regulated 
                transaction to which the requirement of subsection (a) 
                does not apply by reason of subsection (b))'';
                    (B) by inserting ``, a tableting machine, or an 
                encapsulating machine'' after ``a listed chemical''; 
                and
                    (C) by inserting ``, tableting machine, or 
                encapsulating machine'' after ``the chemical''; and
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) The Attorney General may by regulation require that 
        the 15-day notification requirement of subsection (a) apply to 
        all imports of a listed chemical, regardless of the status of 
        certain importers of that listed chemical as regular importers, 
        if the Attorney General finds that such notification is 
        necessary to support effective chemical diversion control 
        programs or is required by treaty or other international 
        agreement to which the United States is a party.
            ``(3) The Attorney General may require that the 
        notification requirement of subsection (a) for certain 
        importations or exportations, including those subject to 
        section 1004, include additional information to enable a 
        determination to be made that the listed chemical being 
        imported or exported will be used for a legitimate purpose or 
        at the time the information is needed to satisfy requirements 
        of the importing or exporting country. The Attorney General 
        shall provide notice of these additional requirements 
        specifically identifying the listed chemicals and countries 
        involved.''.
    (b) Shipment of Controlled Substances.--Section 1004 of the 
Controlled Substances Import and Export Act (21 U.S.C. 954) is amended 
to read as follows:

``SEC. 1004. TRANSSHIPMENT AND IN-TRANSIT SHIPMENT OF CONTROLLED 
              SUBSTANCES.

    ``(a) In General.--Notwithstanding sections 952, 953, 957, and 971, 
and subject to this section--
            ``(1) a controlled substance in schedule I may be imported 
        into the United States for transshipment to another country or 
        for transference or transshipment from 1 vessel, vehicle, or 
        aircraft to another vessel, vehicle, or aircraft within the 
        United States for immediate exportation, only if--
                    ``(A) evidence is furnished that enables the 
                Attorney General to determine that the substance being 
                so imported, transferred, or transshipped will be used 
                for scientific, medical, or other legitimate purposes 
                in the country of destination; and
                    ``(B) the substance is imported, transferred, or 
                transshipped with the prior written approval of the 
                Attorney General (which shall be granted or denied not 
                later than 21 days after the date on which the request 
                is made) based on a determination that the requirements 
                of this section and the applicable subsections of 
                sections 952 and 953 have been satisfied; and
            ``(2) a controlled substance in schedule II, III, or IV or 
        a listed chemical may be imported, transferred, or transshipped 
        only if--
                    ``(A) evidence is furnished that enables the 
                Attorney General to determine that the substance or 
                chemical being imported, transferred, or transshipped 
                will be used for scientific, medical, or other 
                legitimate purposes in the country of destination; and
                    ``(B) advance notification (in such form and 
                containing such information as the Attorney General may 
                require by regulation) is given to the Attorney General 
                not later than 15 days prior to the exportation of the 
                substance or chemical from the foreign port of 
                embarkation (the notification period for imports other 
                than for transfer or transshipment pursuant to section 
                1002 or 1018 is not affected by this subsection).
    ``(b) Applicability of Other Law.--
            ``(1) Sections 1002 and 1003.--Any importation, transfer, 
        or transshipment described in subsection (a) of a controlled 
        substance shall be subject to the applicable provisions of 
        sections 1002 and 1003. The importation, transfer, 
        transshipment, or exportation of any controlled substance may 
        be suspended on the ground that the controlled substance may be 
        diverted to other than scientific, medical or other legitimate 
        purposes.
            ``(2) Section 1018.--Any importation, transfer, or 
        transshipment described in subsection (a) of a listed chemical 
        shall be subject to all the requirements of section 1018, 
        except that in no case shall the 15 day advance notification 
        requirement be waived. The importation, transfer, 
        transshipment, or exportation of a listed chemical may be 
        suspended on the ground that the chemical may be diverted to 
        the clandestine manufacture of a controlled substance.
            ``(3) Suspension.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                importation, transfer, or transshipment of a controlled 
                substance or listed chemical may be suspended if any 
                requirement of subsection (a) is not satisfied.
                    ``(B) Withdrawal.--The Attorney General may 
                withdraw a suspension order issued under this paragraph 
                if--
                            ``(i) the requirements of subsection (a) 
                        are ultimately satisfied; and
                            ``(ii) no grounds exist under paragraphs 
                        (1) or (2) of this subsection to suspend the 
                        shipment.
    ``(c) Suspension of Exportation.--The suspension of any exportation 
of a controlled substance or listed chemical shall be subject to the 
procedures and requirements established in section 1018(c).
    ``(d) Placing Under Seal.--
            ``(1) In general.--The Attorney General may place under 
        seal any shipment of a controlled substance or listed chemical 
        that--
                    ``(A) has been imported or is subject to the 
                jurisdiction of the United States; and
                    ``(B) is subject to a suspension order suspending 
                the importation, transfer, transshipment, or 
                exportation of the controlled substance or listed 
                chemical.
            ``(2) Prohibition on disposition.--No disposition may be 
        made of any controlled substance or listed chemical under seal 
        subject to paragraph (1) until the suspension order becomes 
        final.
            ``(3) Order of sale.--Notwithstanding paragraphs (1) and 
        (2), a court, upon application, may at any time order the sale 
        of a perishable controlled substance or listed chemical. Any 
        such order shall require the deposit of the proceeds of the 
        sale with the court.
            ``(4) Disposal.--Upon a suspension order becoming final 
        under this subsection, the shipment, at the discretion of the 
        Attorney General and subject to such conditions as the Attorney 
        General may impose, may be disposed of as follows:
                    ``(A) The titleholder may be allowed to return the 
                shipment to any of the facilities of the original 
                exporter in the country of exportation.
                    ``(B) The shipment may be exported, subject to the 
                requirements of section 1003 or 1018, as appropriate, 
                to a new consignee.
            ``(5) Surrender.--The shipment may be surrendered to the 
        Attorney General for appropriate disposition and all costs 
        associated with this disposition shall be the responsibility of 
        the titleholder. If there are any proceeds from the 
        disposition, the proceeds shall be applied to the repayment of 
        the costs and any excess proceeds shall be returned to the 
        titleholder.
            ``(6) Forfeiture.--If sufficient cause exists, the shipment 
        of controlled substances or listed chemicals (or proceeds of 
        sale deposited in court) may be forfeited to the United States 
        pursuant to section 511 of title II and may be disposed of in 
        accordance with that section.
    ``(e) Effect on Other Law.--Nothing in this section may be used by 
any party to defend against a forfeiture action against a shipment of 
controlled substances or listed chemicals initiated by the United 
States or by any State. This section does not affect the liability of 
any party for storage and transportation costs incurred by the 
Government as a result of the suspension of a shipment.''.
    (c) Penalties.--Section 1010(d) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(d)) is amended--
            (1) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively;
            (2) in paragraph (6), as redesignated, by striking 
        ``1018(e) (2) or (3)'' and inserting ``1018(e)(4) or (5)'';
            (3) in paragraph (7), as redesignated, by inserting ``or 
        violates section 1004,'' after ``1007 or 1018 of this title''; 
        and
            (4) by inserting after paragraph (4) the following:
            ``(5) imports or exports a listed chemical, with the intent 
        to evade the reporting or recordkeeping requirements of section 
        1018 applicable to such importation or exportation by--
                    ``(A) falsely representing to the Attorney General 
                that the importation or exportation is not subject to 
                the 15-day advance notification required by section 
                1018(a) or to any reporting requirements established by 
                the Attorney General pursuant to paragraph (1), (2), or 
                (3) of section 1018(e); or
                    ``(B) misrepresenting the actual country of final 
                destination of the listed chemical, or the actual 
                listed chemical being imported or exported;''.
    (d) Injunctions.--Section 1011 of the Controlled Substances Import 
and Export Act (21 U.S.C. 961) is amended to read as follows:

``SEC. 1011. INJUNCTIONS.

    ``In addition to any other applicable penalty, any person convicted 
of a felony violation of this title or title II relating to the 
receipt, distribution, manufacture, importation or exportation of a 
listed chemical may be enjoined from engaging in any transaction 
involving a listed chemical for not more than 10 years.''.

                      Subtitle G--Arms Trafficking

SEC. 16001. ENHANCED TOOLS TO INVESTIGATE ILLICIT ARMS TRAFFICKING.

    Section 40(h) of the Arms Export Control Act (22 U.S.C. 2780(h)) is 
amended to read as follows:
    ``(h) Exemptions for Transactions Subject to National Security Act 
Reporting Requirements or Arising Out of a Criminal Investigation.--The 
prohibitions contained in this section do not apply with respect to any 
transaction--
            ``(1) subject to reporting requirements under title V of 
        the National Security Act of 1947 (50 U.S.C. 413 et seq.); or
            ``(2) arising out of an investigation by a Federal law 
        enforcement agency concerning possible criminal violations of 
        United States law.''.
                                 <all>