[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 3 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                  S. 3

   To provide for fair and accurate criminal trials, reduce violent 
 juvenile crime, promote accountability by juvenile criminals, punish 
   and deter violent gang crime, reduce the fiscal burden imposed by 
criminal alien prisoners, promote safe citizen self-defense, combat the 
importation, production, sale, and use of illegal drugs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

    Mr. Hatch (for himself, Mr. Lott, Mr. Abraham, Mr. Allard, Mr. 
 Ashcroft, Mr. Craig, Mr. D'Amato, Mr. DeWine, Mr. Domenici, Mr. Enzi, 
  Mr. Faircloth, Mr. Gorton, Mr. Grams, Mr. Grassley, Mr. Hagel, Mr. 
    Helms, Mr. Hutchinson, Mr. Kyl, Mr. Murkowski, Mr. Nickles, Mr. 
  Roberts, Mr. Smith of New Hampshire, Mr. Thomas, Mr. Thurmond, Mr. 
    Warner, Mr. Coverdell, Mr. Mack, Mr. McCain, and Mr. Sessions, 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide for fair and accurate criminal trials, reduce violent 
 juvenile crime, promote accountability by juvenile criminals, punish 
   and deter violent gang crime, reduce the fiscal burden imposed by 
criminal alien prisoners, promote safe citizen self-defense, combat the 
importation, production, sale, and use of illegal drugs, 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 ``Omnibus Crime 
Control Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.
                  TITLE I--TRANSFER OF ALIEN PRISONERS

Sec. 101. Short title.
Sec. 102. Transfers of alien prisoners.
Sec. 103. Consent unnecessary.
Sec. 104. Certification transfer requirement.
Sec. 105. International prisoner transfer report.
Sec. 106. Annual reports on foreign assistance.
Sec. 107. Annual certification procedures.
Sec. 108. Prisoner transfers treaties.
Sec. 109. Judgments unaffected.
Sec. 110. Definition.
Sec. 111. Repeals.
                   TITLE II--EXCLUSIONARY RULE REFORM

                  Subtitle A--Exclusionary Rule Reform

Sec. 201. Short title.
Sec. 202. Admissibility of certain evidence.
                     Subtitle B--Confession Reform

Sec. 211. Enforcement of confession reform statute.
             TITLE III--VIOLENT CRIME, DRUGS, AND TERRORISM

Sec. 301. Short title.
             Subtitle A--Criminal Penalties and Procedures

Sec. 311. Protection of the Olympics.
Sec. 312. Federal responsibility for security at international athletic 
                            competitions.
Sec. 313. Technical revision to penalties for crimes committed with 
                            explosives.
Sec. 314. Chemical weapons restrictions.
                  Subtitle B--International Terrorism

Sec. 321. Multilateral sanctions.
Sec. 322. Information on cooperation with United States antiterrorism 
                            efforts in annual country reports on 
                            terrorism.
Sec. 323. Report on international terrorism.
Sec. 324. Revision of Department of State rewards program.
                  Subtitle C--Commissions and Studies

Sec. 331. National commission on terrorism.
                     TITLE IV--COMMUNITY PROTECTION

Sec. 401. Short title.
                 Subtitle A--Law Enforcement Assistance

Sec. 411. Exemption of qualified current and former law enforcement 
                            officers from State laws prohibiting the 
                            carrying of concealed firearms.
                    Subtitle B--Citizens' Assistance

Sec. 421. Short title.
Sec. 422. Authorization to enter into interstate compacts.
Sec. 423. Authorized uses of Federal grant funds.
Sec. 424. Self-defense for victims of abuse.
                TITLE V--CRIMINAL PROCEDURE IMPROVEMENTS

                Subtitle A--Equal Protection for Victims

Sec. 501. The right of the victim to an impartial jury.
Sec. 502. Jury trial improvements.
Sec. 503. Rebuttal of attacks on the character of the victim.
Sec. 504. Use of notice concerning release of offender.
Sec. 505. Balance in the composition of rules committees.
                          Subtitle B--Firearms

Sec. 521. Mandatory minimum sentences for criminals possessing 
                            firearms.
Sec. 522. Firearms possession by violent felons and serious drug 
                            offenders.
Sec. 523. Use of firearms in connection with counterfeiting or forgery.
Sec. 524. Possession of an explosive during the commission of a felony.
Sec. 525. Second offense of using an explosive to commit a felony.
Sec. 526. Increased penalties for international drug trafficking.
                   Subtitle C--Federal Death Penalty

Sec. 541. Strengthening of Federal death penalty standards and 
                            procedures.
Sec. 542. Murder of witness as aggravating factor.
Sec. 543. Death penalty for murders committed in the District of 
                            Columbia.
   TITLE VI--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF 
                     METHAMPHETAMINE AND PRECURSORS

Sec. 601. Trafficking in methamphetamine penalty increases.
Sec. 602. Sentencing for violations involving cocaine powder.
Sec. 603. Implementation of a sentence of death.
Sec. 604. Limitation on drug enforcement administrator tenure.
Sec. 605. Serious juvenile drug offenses as armed career criminal act 
                            predicates.
Sec. 606. Mandatory minimum prison sentences for persons who use minors 
                            in drug trafficking activities or sell 
                            drugs to minors.
Sec. 607. Penalty increases for trafficking in listed chemicals.
        TITLE VII--COMBATING VIOLENCE AGAINST WOMEN AND CHILDREN

                      Subtitle A--General Reforms

Sec. 701. Participation of religious organizations in Violence Against 
                            Women Act programs.
Sec. 702. Domestic violence arrest grants.
Sec. 703. Rural domestic violence and child abuse enforcement 
                            assistance.
Sec. 704. Runaway, homeless, and street youth assistance grants.
                     Subtitle B--Domestic Violence

Sec. 711. Death penalty for fatal interstate domestic violence 
                            offenses.
Sec. 712. Death penalty for fatal interstate violations of protective 
                            orders.
Sec. 713. Evidence of disposition of defendant toward victim in 
                            domestic violence cases and other cases.
Sec. 714. HIV testing of defendants in sexual assault cases.
                TITLE VIII--VIOLENT CRIME AND TERRORISM

                Subtitle A--Violent Crime and Terrorism

Sec. 801. Amendments to antiterrorism statutes.
Sec. 802. Kidnapping; death of victim before crossing State line as not 
                            defeating prosecution, and other changes.
Sec. 803. Expansion of section 1959 of title 18 to cover commission of 
                            all violent crimes in aid of racketeering 
                            activity and increased penalties.
Sec. 804. Conforming amendment to conspiracy penalty.
Sec. 805. Inclusion of certain additional serious drug offenses as 
                            armed career criminal act predicates.
Sec. 806. Increased penalties for violence in the course of riot 
                            offenses.
Sec. 807. Elimination of unjustified scienter element for carjacking.
Sec. 808. Criminal offenses committed outside the United States by 
                            persons accompanying the Armed Forces.
Sec. 809. Assaults or other crimes of violence for hire.
Sec. 810. Penalty enhancement for certain offenses resulting in death.
Sec. 811. Violence directed at dwellings in Indian country.
                   Subtitle B--Courts and Sentencing

Sec. 821. Allowing a reduction of sentence for providing useful 
                            investigative information although not 
                            regarding a particular individual.
Sec. 822. Appeals from certain dismissals.
Sec. 823. Elimination of outmoded certification requirement.
Sec. 824. Improvement of hate crimes sentencing procedure.
Sec. 825. Clarification of length of supervised release terms in 
                            controlled substance cases.
Sec. 826. Authority of court to impose a sentence of probation or 
                            supervised release when reducing a sentence 
                            of imprisonment in certain cases.
Sec. 827. Technical correction to assure compliance of sentencing 
                            guidelines with provisions of all Federal 
                            statutes.
                     Subtitle C--White Collar Crime

Sec. 841. Clarification of scienter requirement for receiving property 
                            stolen from an Indian tribal organization.
Sec. 842. Larceny involving post office boxes and postal stamp vending 
                            machines.
Sec. 843. Theft of vessels.
Sec. 844. Conforming amendment to law punishing obstruction of justice 
                            by notification of existence of a subpoena 
                            for records in certain types of 
                            investigations.
Sec. 845. Injunctions against counterfeiting and forgery.
                  Subtitle D--Miscellaneous Provisions

Sec. 861. Increased maximum penalty for certain RICO violations. 
Sec. 862. Clarification of inapplicability to certain disclosures.
Sec. 863. Conforming amendments relating to supervised release.
Sec. 864. Addition of certain offenses as money laundering predicates.
Sec. 865. Clarification of jurisdictional base involving the mail.
Sec. 866. Coverage of foreign bank branches in the territories.
Sec. 867. Conforming statute of limitations amendment for certain bank 
                            fraud offenses.
Sec. 868. Clarifying amendment to section 704.
                        TITLE IX--PRISON REFORM

                  Subtitle A--Prison Litigation Reform

Sec. 901. Amendment to the Prison Litigation Reform Act.
Sec. 902. Appropriate remedies for prison conditions.
Sec. 903. Civil rights of institutionalized persons.
Sec. 904. Proceedings in forma pauperis.
Sec. 905. Notice to State authorities of malicious filing by prisoner.
Sec. 906. Payment of damage award in satisfaction of pending 
                            restitution awards.
Sec. 907. Earned release credit or good time credit revocation.
Sec. 908. Release of prisoner.
Sec. 909. Effective date.
                      Subtitle B--Federal Prisons

Sec. 911. Prison communications.
Sec. 912. Prison amenities and prisoner work requirement.
Sec. 913. Elimination of sentencing inequities and aftercare for 
                            Federal inmates.
                   TITLE X--MISCELLANEOUS PROVISIONS

Sec. 1001. Sense of the Senate regarding ONDCP.
Sec. 1002. Restrictions on doctors prescribing schedule I substances.
Sec. 1003. Antidrug use public service requirement.
Sec. 1004. Child pornography.
Sec. 1005. 2,000 boys & girls clubs before 2000.
Sec. 1006. Cellular telephone interceptions.
            TITLE XI--VIOLENT AND REPEAT JUVENILE OFFENDERS

Sec. 1101. Short title.
Sec. 1102. Findings and purposes.
Sec. 1103. Severability.
                  Subtitle A--Juvenile Justice Reform

Sec. 1111. Repeal of general provision.
Sec. 1112. Treatment of Federal juvenile offenders.
Sec. 1113. Capital cases.
Sec. 1114. Definitions.
Sec. 1115. Notification after arrest.
Sec. 1116. Detention prior to disposition.
Sec. 1117. Speedy trial.
Sec. 1118. Dispositional hearings.
Sec. 1119. Use of juvenile records.
Sec. 1120. Incarceration of violent offenders.
Sec. 1121. Federal sentencing guidelines.
                       Subtitle B--Juvenile Gangs

Sec. 1141. Short title.
Sec. 1142. Increase in offense level for participation in crime as a 
                            gang member.
Sec. 1143. Amendment of title 18 with respect to criminal street gangs.
Sec. 1144. Interstate and foreign travel or transportation in aid of 
                            criminal street gangs.
Sec. 1145. Solicitation or recruitment of persons in criminal gang 
                            activity.
Sec. 1146. Crimes involving the recruitment of persons to participate 
                            in criminal street gangs and firearms 
                            offenses as RICO predicates.
Sec. 1147. Prohibitions relating to firearms.
Sec. 1148. Amendment of sentencing guidelines with respect to body 
                            armor.
Sec. 1149. Additional prosecutors.
         Subtitle C--Juvenile Crime Control and Accountability

Sec. 1161. Findings; declaration of purpose; definitions.
Sec. 1162. Youth crime control and accountability block grants.
Sec. 1163. Runaway and homeless youth.
Sec. 1164. Authorization of appropriations.
Sec. 1165. Repeal.
Sec. 1166. Transfer of functions and savings provisions.
Sec. 1167. Repeal of unnecessary and duplicative programs.
Sec. 1168. Civil monetary penalty surcharge.

SEC. 2. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                  TITLE I--TRANSFER OF ALIEN PRISONERS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Transfer of Alien Prisoners Act of 
1997''.

SEC. 102. TRANSFERS OF ALIEN PRISONERS.

    (a) In General.--Not later than December 31, 1998, the Attorney 
General shall begin transferring undocumented aliens who are in the 
United States, incarcerated in a Federal, State, or local prison, whose 
convictions have become final, to the custody of the government of the 
alien's country of nationality for service of the duration of the 
alien's sentence in the alien's country.
    (b) Inapplicability to Certain Aliens.--This section does not apply 
to aliens who are nationals of a foreign country that the Secretary of 
State has determined under section 6(j) of the Export Administration 
Act of 1979 has repeatedly provided support for acts of international 
terrorism.

SEC. 103. CONSENT UNNECESSARY.

    (a) Treaty Renegotiation.--The Secretary of State shall renegotiate 
all treaties requiring the consent of an alien who is in the United 
States, whether present lawfully or unlawfully, who is, or who is about 
to be, incarcerated in a Federal, State, or local prison or jail 
before such person may be transferred to the country of nationality of 
that person to ensure that no such consent is required in any case 
under any treaty. If the Secretary of State is unable to negotiate with 
a foreign nation a new treaty that would go into effect by December 31, 
1998, that does not require such consent, the Secretary shall withdraw 
the United States as a party to any existing treaty requiring such 
consent.
    (b) General Repeal.--Notwithstanding any other provision of law, 
the consent of an alien covered by this title shall not be required 
before such alien may be designated for transfer or before such alien 
may be transferred to the country of nationality of that alien.

SEC. 104. CERTIFICATION TRANSFER REQUIREMENT.

    Not later than March 1 of each year, the President shall submit to 
Congress a certification as to whether each foreign country has 
accepted, and has confined for the duration of their sentences, the 
persons described in section 103(a).

SEC. 105. INTERNATIONAL PRISONER TRANSFER REPORT.

    (a) In General.--Not later than March 1 of each year, the President 
shall transmit to the Majority Leader of the Senate, the Speaker of the 
House of Representatives, the chairmen and ranking members of the 
Committee on the Judiciary and the Committee on Foreign Relations of 
the Senate and the Committee on the Judiciary and the Committee on 
International Relations of the House of Representatives a report that--
            (1) describes the operation of the provisions of this 
        title; and
            (2) highlights the effectiveness of those provisions with 
        regard to the 10 countries having the greatest number of their 
        nationals incarcerated in the United States, both in 
        transferring such persons from the United States to their 
        country of nationality and in confining such persons for the 
        duration of their sentences.
    (b) Contents of Report.--The report prepared under subsection (a) 
shall set forth--
            (1) the number of aliens convicted of a Federal, State, or 
        local criminal offense in the United States, and the types of 
        offenses involved, during the preceding calendar year;
            (2) the number of aliens described in paragraph (1) who 
        were sentenced to terms of incarceration;
            (3) the number of aliens described in paragraph (1) who 
        were eligible for transfer pursuant to those provisions;
            (4) the number of aliens described in paragraph (2) who 
        were transferred pursuant to the provisions of this title;
            (5) the number, location, length of their period of 
        incarceration in the United States, and present status of 
        aliens described in paragraph (2) who have not yet been 
        transferred to the country of nationality;
            (6) the extent to which each foreign country whose 
        nationals have been convicted of a Federal, State, or local 
        criminal offense in the United States has accepted the transfer 
        of such persons, including the percentage of such persons 
        accepted by each foreign country;
            (7) the extent to which each foreign country described in 
        paragraph (6) has confined such persons for 85 percent of the 
        duration of their sentences, including the percentage of such 
        persons confined by each foreign country;
            (8) the extent to which each foreign country described in 
        paragraph (5) has accomplished (or has failed to accomplish) 
        the goals described in any applicable bilateral or multilateral 
        agreement to which the United States is a party that deals with 
        the subject of the transfer of alien prisoners;
            (9) for each foreign country described in paragraph (6)--
                    (A) a description of the plans, programs, and 
                timetables adopted by such country to accept its own 
                nationals for crimes committed in the United States;
                    (B) a description of the plans, programs, and 
                timetables adopted by such country for the continued 
                incarceration of its own nationals for crimes committed 
                in the United States;
                    (C) a list of those countries that are negotiating 
                in good faith with the United States to establish a 
                mechanism for the transfer, receipt, and continued 
                incarceration of such country's nationals;
                    (D) a list of those countries that have adopted 
                laws or regulations that ensure the transfer, receipt, 
                and incarceration of its nationals in accordance with 
                the provisions of this title; and
                    (E) a list of those countries that have adopted 
                laws or regulations that ensure the availability to 
                appropriate United States Government personnel of 
                adequate records in connection with the transfer, 
                receipt, and continued incarceration of prisoners 
                pursuant to this title;
            (10) a description of the policies adopted, agreements 
        concluded, and plans and programs implemented or proposed by 
        the Federal Government in pursuit of its responsibilities for 
        the prompt transfer of aliens described in subsection (b)(1), 
        as well as for identifying and preventing the re-entry of such 
        persons after their transfer from the United States; and
            (11) a description of instances of refusals to cooperate 
        with the United States Government regarding the transfer of 
        aliens described in subsection (b)(1).

SEC. 106. ANNUAL REPORTS ON FOREIGN ASSISTANCE.

    At the time that the report required by section 634 of the Foreign 
Assistance Act of 1961 is submitted each year, the Secretary of State 
shall submit a copy of such report to the Chairmen and Ranking Members 
of the Committees on the Judiciary of the House of Representatives and 
the Senate, the Chairman and Ranking Member of the Committee on Foreign 
Relations of the Senate, and the Chairman and Ranking Member of the 
Committee on International Relations of the House of Representatives.

SEC. 107. ANNUAL CERTIFICATION PROCEDURES.

    (a) Withholding of Bilateral Assistance, Opposition to Multilateral 
Development Assistance, and Withholding of Visas.--
            (1) Bilateral assistance.--
                    (A) In general.--Fifty percent of the United States 
                assistance allocated each fiscal year for each foreign 
                country shall be withheld from obligation and 
                expenditure to any such country if that country has 
                refused to accept not less than 75 percent of nationals 
                covered by this title and designated for transfer by 
                the Attorney General within either of the 2 immediately 
                preceding fiscal years or to confine such transferred 
                persons for not less than 85 percent of their sentence, 
                except as provided in subsection (b).
                    (B) Inapplicability to certain countries.--This 
                paragraph does not apply with respect to a country if 
                the President determines in accordance with subsection 
                (b) that its application to that country would be 
                contrary to the vital national interests of the United 
                States, except that any such determination shall not 
                take effect until not less than 30 days after the 
                President submits written notification of that 
                determination to the congressional committees listed in 
                section 306 in accordance with the procedures 
                applicable to reprogramming notifications under section 
                634A of the Foreign Assistance Act of 1961.
                    (C) Bilateral assistance exemption.--In this 
                subsection, the term ``bilateral assistance'' does not 
                include--
                            (i) narcotics-related assistance under the 
                        Foreign Assistance Act of 1961;
                            (ii) disaster relief assistance;
                            (iii) assistance that involves the 
                        provision of food (including monetization of 
                        food) or medicine; or
                            (iv) assistance for refugees.
            (2) Multilateral assistance.--
                    (A) In general.--The Secretary of the Treasury may 
                instruct the United States Executive Directors of each 
                multilateral development bank to vote against any loan 
                or other utilization of the funds of such bank or 
                institution for the benefit of any country if that 
                country has refused to accept not less than 75 percent 
                of its nationals covered by this title and designated 
                for transfer by the Attorney General or to confine such 
                transferred persons for not less than 85 percent of 
                their sentences within either of the 2 immediately 
                preceding fiscal years, except as provided in 
                subsection (b).
                    (B) Definition of ``multilateral development 
                bank''.--In this paragraph, the term ``multilateral 
                development bank'' means the International Bank for 
                Reconstruction and Development, the International 
                Development Association, the Inter-American Development 
                Bank, the Asian Development Bank, the African 
                Development Bank, and the European Bank for 
                Reconstruction and Development.
            (3) Visas.--All visas shall be denied to nationals employed 
        by the government of any foreign country if that country has 
        refused to accept not fewer than 75 percent of its nationals 
        covered by this title and designated for transfer by the 
        Attorney General within either of the 2 immediately preceding 
        fiscal years or to confine such transferred persons for not 
        less than 85 percent of their sentences, except as provided in 
        subsection (b), except that the President or the Secretary of 
        State nonetheless may grant visas to heads of state, certified 
        diplomats, or members of a foreign country's mission to the 
        United Nations.
    (b) Certification Procedures.--
            (1) What must be certified.--Subject to subsection (d), the 
        assistance withheld from a country pursuant to subsection 
        (a)(1) may be obligated and expended, the requirement of 
        subsection (a)(2) to vote against multilateral development bank 
        assistance to a country shall not apply, and the withholding of 
        visas from nationals of a country of subsection (a)(3) shall 
        not apply, if the President determines and certifies to 
        Congress, at the time of the submission of the report required 
        by section 305, that--
                    (A) during the previous year the country has 
                cooperated fully with the United States, or has taken 
                adequate steps on its own, to achieve full compliance 
                with the goals and objectives established by this 
                title, except that the President may make such a 
                finding only once during any 5-year period;
                    (B) for a country that would not otherwise qualify 
                for certification under subparagraph (A), the vital 
                national interests of the United States require that 
                the assistance withheld pursuant to subsection (a)(1) 
                be provided, that the United States not vote against 
                multilateral development bank assistance for that 
                country pursuant to subsection (a)(2), and that visas 
                not be withheld pursuant to subsection (a)(3); or
                    (C) only in the case of multilateral development 
                bank assistance, such assistance is directed 
                specifically to programs that provide, or support a 
                foreign country's ability itself to provide, food, 
                water, clothing, shelter, and medical care of that 
                country.
            (2) Considerations regarding cooperation.--In making the 
        determinations described in subsection (b)(1), the President 
        shall consider the extent to which the country has--
                    (A) met the goals and objectives of this title;
                    (B) accomplished the goals described in an 
                applicable bilateral agreement with the United States 
                or a multilateral agreement to implement the provisions 
                and purposes of this title; and
                    (C) taken domestic legal and law enforcement 
                measures to implement the provisions and purposes of 
                this title;
            (3) Case-by-case waiver authority.--
                    (A) Authority.--The President or the Secretary of 
                State may, on a case-by-case basis, allow an alien 
                subject to transfer under section 102 to remain in the 
                custody of the Attorney General if the President or 
                Secretary of State determines that doing so is 
                necessary to serve the vital interests of the United 
                States or to protect the life or health of the citizen 
                or national. It is the sense of Congress that such 
                case-by-case determinations rarely should be made.
                    (B) Nondelegation of authority.--The authority to 
                make a determination under subparagraph (A) may not be 
                delegated.
            (4) Information to be included in national interest 
        certification.--If the President makes a certification with 
        respect to a country pursuant to subsection (b)(1), the 
        President shall include in such certification--
                    (A) a full and complete description of the vital 
                national interests placed at risk if United States 
                bilateral assistance to that country is terminated 
                pursuant to this section, multilateral development bank 
                assistance is not provided to such country, and visas 
                are not issued to the nationals of such country; and
                    (B) a statement weighing the risk described in 
                subparagraph (A) against the risks posed to the vital 
                national interests of the United States by the failure 
                of such country to cooperate fully with the United 
                States in implementing the provisions and purposes of 
                this title.
    (c) Congressional Review.--Subsection (d) shall apply if, not later 
than 30 calendar days after receipt of a certification submitted under 
subsection (b) at the time of submission of the report required by this 
title, Congress enacts a joint resolution disapproving the 
determination of the President contained in such certification.
    (d) Denial of Assistance for Countries Decertified.--If the 
President does not make a certification under subsection (b) with 
respect to a country or Congress enacts a joint resolution disapproving 
such certification, then until such time as the conditions specified in 
subsection (e) are satisfied--
            (1) funds may not be obligated for United States assistance 
        for that government, and funds previously appropriated, but 
        unobligated, for United States assistance for that government 
        may not be expended for the purpose of providing assistance for 
        that government;
            (2) the requirement to vote against multilateral 
        development bank assistance pursuant to subsection (a)(2) shall 
        apply with respect to that country, without regard to the date 
        specified in that subsection; and
            (3) no visas may be issued to nationals of that country, 
        and no visas already issued shall be held valid by the 
        Department of State, the Immigration and Naturalization 
        Service, or any other department or agency of the Federal 
        Government.
    (e) Recertification.--Subsection (d) shall apply to a country 
described in that subsection until--
            (1) the President, at the time of submission of the report 
        required by this title, makes a certification under subsection 
        (b)(1)(A) or (b)(1)(B) with respect to that country, and 
        Congress does not enact a joint resolution under subsection (c) 
        disapproving the determination of the President contained in 
        that certification; or
            (2) the President, at any other time, makes the 
        certification described in subsection (b)(1)(A) or subsection 
        (b)(1)(B) with respect to that country, except that this 
        paragraph applies only if either--
                    (A) the President also certifies that--
                            (i) that country has undergone a 
                        fundamental change in government, or
                            (ii) there has been a fundamental change in 
                        the conditions that were the reasons--
                                    (I) why the President had not made 
                                a certification with respect to that 
                                country under subparagraph (A) or (B) 
                                of subsection (b)(1); or
                                    (II) if the defendant had made such 
                                a certification and Congress enacted a 
                                joint resolution disapproving the 
                                determination contained in the 
                                certification, why Congress enacted 
                                that joint resolution; or
                    (B) Congress enacts a joint resolution approving 
                the determination contained in the certification under 
                subparagraph (A) or (B) of subsection (b)(1).
Any certification under paragraph (2)(A) shall discuss the 
justification for the certification.
    (f) Senate Procedures.--Any joint resolution under this section 
shall be considered in the Senate in accordance with the provisions of 
section 601(b) of the International Security Assistance and Arms Export 
Control Act of 1976.

SEC. 108. PRISONER TRANSFERS TREATIES.

    (a) Negotiation.--The Secretary of State shall begin to negotiate 
and renegotiate, not later than 90 days after the date of enactment of 
this Act, bilateral prisoner transfer treaties. The focus of such 
negotiations should be--
            (1) to expedite the transfer of aliens unlawfully in the 
        United States who are (or are about to be) incarcerated in 
        United States prisons;
            (2) to ensure that a transferred prisoner serves the 
        balance of the sentence imposed by the United States courts; 
        and
            (3) to allow the Federal Government or the States to 
        maintain their original prison sentences in effect so that 
        transferred prisoners who return to the United States prior to 
        the completion of their original United States sentences can be 
        returned to custody for the balance of their prison sentences.
    (b) Certification.--The President shall submit to Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 109. JUDGMENTS UNAFFECTED.

    Nothing in this title shall in any way be construed to nullify or 
reduce the effect of a judgment of conviction and sentence entered by a 
Federal, State, or local court in the United States.

SEC. 110. DEFINITION.

    In this title, the term ``United States assistance'' means any 
assistance under the Foreign Assistance Act of 1961.

SEC. 111. REPEALS.

    (a) The first sentence in section 4100(a) of title 18, United 
States Code, is repealed.
    (b) The first, third, fourth, fifth, and sixth sentences in section 
4100(b) of title 18, United States Code, are repealed.
    (c) Subsection (c) of section 4100 of title 18, United States Code 
is repealed.
    (d) Subsection (d) of section 4100(a) of title 18, United States 
Code, is redesignated as subsection (c).
    (e) Section 330(a)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
1704) is amended by inserting ``during fiscal years 1997 and 1998,'' 
after ``compensation,''.
    (f) Section 330(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 1704) is 
amended by striking ``, except as required by treaty,''.
    (g) Section 332 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 1712) is 
repealed.

                   TITLE II--EXCLUSIONARY RULE REFORM

                  Subtitle A--Exclusionary Rule Reform

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Exclusionary Rule Reform Act of 
1997''.

SEC. 202. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--
            ``(1) In general.--Evidence that is obtained as a result of 
        a search or seizure shall not be excluded in a proceeding in a 
        court of the United States on the ground that the search or 
        seizure was in violation of the fourth amendment to the 
        Constitution of the United States, if the search or seizure was 
        carried out in circumstances justifying an objectively 
        reasonable belief that the search or seizure was in conformity 
        with the fourth amendment.
            ``(2) Prima facie evidence.--The fact that evidence was 
        obtained pursuant to and within the scope of a warrant 
        constitutes prima facie evidence of the existence of 
        circumstances justifying an objectively reasonable belief that 
        it was in conformity with the fourth amendment.
    ``(b) Evidence Not Excludable by Statute or Rule.--
            ``(1) In general.--Evidence shall not be excluded in a 
        proceeding in a court of the United States on the ground that 
        it was obtained in violation of a statute, an administrative 
        rule or regulation, or a rule of procedure unless the exclusion 
        is expressly authorized by statute or by a rule prescribed by 
        the Supreme Court pursuant to statutory authority.
            ``(2) Special rule relating to objectively reasonable 
        searches an seizures.--Evidence that is otherwise excludable 
        under paragraph (1) shall not be excluded if the search or 
        seizure was carried out in circumstances justifying an 
        objectively reasonable belief that the search or seizure was in 
        conformity with the statute, administrative rule or regulation, 
        or rule of procedure, the violation of which occasioned its 
        being excludable.''.
    (b) Rules of Construction.--This section and the amendments made by 
this section shall not be construed to require or authorize the 
exclusion of evidence in any proceeding. Nothing in this section or the 
amendments made by this section shall be construed so as to violate the 
fourth amendment to the Constitution of the United States.
    (c) Clerical Amendment.--The chapter analysis for chapter 223 of 
title 18, United States Code, is amended by adding at the end the 
following:

``3510. Admissibility of evidence obtained by search or seizure.''.

                     Subtitle B--Confession Reform

SEC. 211. ENFORCEMENT OF CONFESSION REFORM STATUTE.

    (a) In General.--Section 3501 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(f) Enforcement of Confession Reform.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of the Omnibus Crime Control Act of 1997, the 
        Attorney General shall promulgate guidelines that require the 
        Department of Justice to enforce, and defend nationally, the 
        legality of this section. Specifically, the Department shall 
        pursue the admission into evidence of confessions that are 
        voluntarily given.
            ``(2) Voluntariness.--In determining the issue of 
        voluntariness for purposes of this subsection--
                    ``(A) the Department shall take into consideration 
                all the circumstances surrounding the giving of the 
                confession, including--
                            ``(i) the time elapsing between arrest and 
                        arraignment of the defendant making the 
                        confession, if the confession was made after 
                        arrest and before arraignment;
                            ``(ii) whether the defendant knew the 
                        nature of the offense with which he was charged 
                        or of which he was suspected at the time of 
                        making the confession;
                            ``(iii) whether the defendant was advised 
                        or knew that he was not required to make any 
                        statement and that any such statement could be 
                        used against him; and
                            ``(iv) whether the defendant was without 
                        the assistance of counsel when he was 
                        questioned and when he made a confession;
                    ``(B) the presence or absence of any of the factors 
                described in paragraph (1) shall not be conclusive in 
                the Department's determination of whether a confession 
                was voluntary; and
                    ``(C) the fact that the defendant had not been 
                advised prior to questioning of his or her right to 
                silence and to the assistance of counsel shall not be 
                dispositive.
    ``(g) Definition of Any Criminal Prosecution by the United 
States.--In this section--
            ``(1) the term `any criminal prosecution by the United 
        States' includes any prosecution by the United States under the 
        Uniform Code of Military Justice; and
            ``(2) the term `offenses against the laws of the United 
        States' includes offense defined by the Uniform Code of 
        Military Justice.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act and shall apply to any 
criminal prosecution brought by or under the authority of the United 
States, including a military prosecution or a prosecution brought by 
the District of Columbia, regardless of whether that prosecution has 
begun or has concluded and has yet to become final.

             TITLE III--VIOLENT CRIME, DRUGS, AND TERRORISM

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Drug Investigation Support and 
Antiterrorism Act of 1997''.

             Subtitle A--Criminal Penalties and Procedures

SEC. 311. PROTECTION OF THE OLYMPICS.

    (a) In General.--Section 1111 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) Olympic Games.--
            ``(1) In general.--Whoever kills a person during and in 
        relation to any international Olympic Games that are held 
        within any State shall be punished in accordance with 
        subsection (b) and section 1112.
            ``(2) Amendment.--Whoever attempts to violate this 
        subsection shall be punished in accordance with section 1113.
            ``(3) State defined.--In this subsection, the term `State' 
        means each of the several States, the District of Columbia, and 
        any territory or possession of the United States.''.
    (b) Internationally Protected Persons.--Section 1116 (b)(4) of 
title 18, United States Code, is amended--
            (1) by striking ``or at the end of subparagraph (A)'';
            (2) by striking the period at the end of subparagraph (B), 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) any participant or guest attending any 
                international sporting event sponsored or sanctioned by 
                the International Olympic Committee or the United 
                States Olympic Committee incorporated under the Act 
                entitled `An Act to incorporate the United States 
                Olympic Association', approved September 21, 1950 (36 
                U.S.C. 371 et seq.).''.

SEC. 312. FEDERAL RESPONSIBILITY FOR SECURITY AT INTERNATIONAL ATHLETIC 
              COMPETITIONS.

    (a) In General.--
            (1) Duty of attorney general.--The Attorney General, in 
        consultation with the Secretary of State and the Secretary of 
        the Treasury, shall supervise other Federal authorities and 
        personnel in the provision of security services (including 
        conducting a comprehensive review of plans for the housing of 
        athletes and other eligible guests) by establishing a task 
        force to be known as the ``Olympic Security Task Force'' 
        (referred to in this subsection as the ``task force'').
            (2) Duties of task force.--The task force shall assist the 
        Attorney General in overseeing security for any international 
        Olympic Games held in any State.
            (3) State defined.--In this section, the term ``State'' 
        means each of the several States, the District of Columbia, and 
        any territory or possession of the United States.
    (b) Task Force Composition.--
            (1) In general.--The Attorney General shall determine the 
        number of members and composition of the task force in 
        accordance with this section. The Attorney General shall 
        appoint representatives from State and local law enforcement to 
        serve as members of the task force.
            (2) Representatives.--In addition to the members referred 
        to in paragraph (1), the Attorney General may appoint as 
        members representatives of--
                    (A) the Federal Bureau of Investigation;
                    (B) the Department of Defense;
                    (C) the Secret Service;
                    (D) the United States Marshals Service;
                    (E) the United States Attorney with jurisdiction 
                over a venue for Olympic Games (referred to in this 
                section as an ``Olympic venue'');
                    (F) the Bureau of Alcohol, Tobacco, and Firearms;
                    (G) the Central Intelligence Agency; and
                    (H) any other appropriate agency of the Federal 
                Government, as the Attorney General determines to be 
                appropriate.
    (c) Disbanding of Task Force.--The President may disband the task 
force and relieve the Attorney General of responsibility for 
supervising security at international Olympic Games, if the President 
finds that appropriate State or local law enforcement officials 
refused, or otherwise failed adequately to participate in, the 
planning, preparation, or execution of a plan providing for security 
under this section.
    (d) Assistance.--
            (1) In general.--In carrying out this section, the Attorney 
        General may request assistance from--
                    (A) the head of any department or agency of the 
                United States; and
                    (B) the appropriate officials of any appropriate 
                department or agency of the State in which an Olympic 
                venue is located (referred to in this section as the 
                ``host State''), or any political subdivision of such 
                State, including State and local law enforcement 
                officials in the host State to ensure the effective 
                implementation of security under this subsection.
            (2) United states olympic organizing committee.--The 
        Attorney General may request the United States Olympic 
        Committee (incorporated under the Act entitled ``An Act to 
        incorporate the United States Olympic Association'', approved 
        September 21, 1950 (36 U.S.C. 371 et seq.)) and the Olympic 
        organizing committee of the city in which an Olympic venue is 
        located (referred to in this section as a ``host city'') to 
        provide all reasonable cooperation and assistance required to 
        carry out this subsection. Upon receipt of such a request, the 
        United States Olympic Committee and organizing committees shall 
        endeavor to provide that assistance.
    (e) Agreements and Regulations.--To carry out this section, the 
Attorney General may enter into interagency or intergovernmental 
agreements and promulgate regulations.
    (f) Expedited Review.--In the case of Olympic Games that occur 
after the date of enactment of this Act in the United States with 
respect to which the Olympic venue is selected before the date of 
enactment of this section, the review of housing required by paragraph 
(1) shall be conducted not later than 120 days after such date of 
enactment. The review shall consider the suitability of the proposed 
Olympic Village site, building options, and any other issue the 
Attorney General considers appropriate to ensure maximum security for 
the Olympic Village, its residents, and its environs.
    (g) Construction.--Nothing in this section shall be construed to 
create a cause of action against the United States or any officer or 
employee of the United States in favor of any person who is not 
otherwise authorized.

SEC. 313. TECHNICAL REVISION TO PENALTIES FOR CRIMES COMMITTED WITH 
              EXPLOSIVES.

    Section 844 of title 18, United States Code, is amended--
            (1) in subsection (f)(1), by inserting ``or any institution 
        or organization receiving Federal financial assistance,'' after 
        ``or agency thereof,''; and
            (2) by striking subsection (i) and inserting the following:
    ``(i) Malicious Destruction by Fire or Explosives.--
            ``(1) In general.--Whoever maliciously damages or destroys, 
        or attempts to damage or destroy, by means of fire or an 
        explosive, any building, vehicle, public place, or other 
        personal or real property used in interstate or foreign 
        commerce or used in any activity affecting interstate or 
        foreign commerce, shall be imprisoned for a period of not less 
        than 5 years and not more than 20 years, fined under this 
        title, or both.
            ``(2) Personal injury.--Whoever engages in conduct 
        prohibited by this subsection, and as a result of such conduct, 
        directly or proximately causes personal injury or creates a 
        substantial risk of injury to any person, including any public 
        safety officer performing duties, shall be imprisoned for a 
        period of not less than 7 years and not more than 40 years, 
        fined under this title, or both.
            ``(3) Death.--Whoever engages in conduct prohibited by this 
        subsection, and as a result of such conduct directly or 
        proximately causes the death of any person, including any 
        public safety officer performing duties, shall be subject to 
        the death penalty, or imprisoned for not less than 20 years or 
        for life, fined under this title, or both.''.

SEC. 314. CHEMICAL WEAPONS RESTRICTIONS.

    (a) In General.--Section 2332c of title 18, United States Code, is 
amended--
            (1) in subsection (a), by inserting after paragraph (2) the 
        following:
            ``(3) Restrictions.--
                    ``(A) In general.--Whoever without lawful authority 
                knowingly develops, produces, acquires, stockpiles, 
                retains, transfers, owns, or possesses any chemical 
                weapon, or knowingly assists, encourages or induces any 
                person to do so, or attempts or conspires to do so, 
                shall be punished under paragraph (2).
                    ``(B) Jurisdiction.--The United States has 
                jurisdiction over an offense under this paragraph if--
                            ``(i) the prohibited activity takes place 
                        in the United States; or
                            ``(ii) the prohibited activity takes place 
                        outside the United States and is committed by a 
                        national of the United States.
                    ``(C) Additional penalty.--The court shall order 
                any person convicted of an offense under this paragraph 
                to pay to the United States any expenses incurred 
                incident to the seizure, storage, handling, 
                transportation, and destruction or other disposition of 
                property seized for violation of this section.'';
            (2) by adding at the end the following:
    ``(c) Criminal Forfeiture.--
            ``(1) Property subject to criminal forfeiture.--A person 
        who is convicted of an offense under this section shall forfeit 
        to the United States the interest of that person in--
                    ``(A) any chemical weapon, including any component 
                thereof;
                    ``(B) any property, real or personal, constituting 
                or traceable to gross profits or other proceeds 
                obtained from such offense; and
                    ``(C) any property, real or personal, used or 
                intended to be used to commit or to promote the 
                commission of the offense.
            ``(2) Third party transfers.--
                    ``(A) In general.--All right, title, and interest 
                in property described in subsection (a) of this section 
                vests in the United States upon the commission of the 
                act giving rise to forfeiture under this section.
                    ``(B) Forfeiture.--Except as provided in 
                subparagraph (C), any property referred to in 
                subparagraph (A) that is subsequently transferred to a 
                person other than the defendant may be the subject of a 
                special verdict of forfeiture and thereafter shall be 
                ordered forfeited to the United States.
                    ``(C) Exception.--The property referred to in 
                subparagraph (B) shall not be ordered forfeited if the 
                transferee establishes in a hearing conducted pursuant 
                to subsection (l) that the party is a bona fide 
                purchaser for value of such property who, at the time 
                of purchase, was reasonably without cause to believe 
                that the property was subject to forfeiture under this 
                section.
            ``(3) Protective orders.--
                    ``(A) In general.--Upon application of the United 
                States, the court may enter a restraining order or 
                injunction, require the execution of a satisfactory 
                performance bond, or take any other action to preserve 
                the availability of property described in subsection 
                (a) for forfeiture under this section--
                            ``(i) upon the filing of an indictment or 
                        information--
                                    ``(I) charging a violation of this 
                                chapter for which criminal forfeiture 
                                may be ordered under this section; and
                                    ``(II) alleging that the property 
                                with respect to which the order is 
                                sought would, in the event of 
                                conviction, be subject to forfeiture 
                                under this section; or
                            ``(ii) prior to the filing of an indictment 
                        or information referred to in clause (i), if, 
                        after providing notice to persons appearing to 
                        have an interest in the property and 
                        opportunity for a hearing, the court determines 
                        that--
                                    ``(I) there is a substantial 
                                probability that the United States will 
                                prevail on the issue of forfeiture and 
                                that failure to enter the order will 
                                result in the property being destroyed, 
                                removed from the jurisdiction of the 
                                court, or otherwise made unavailable 
                                for forfeiture; and
                                    ``(II) the need to preserve the 
                                availability of the property through 
                                the entry of the requested order 
                                outweighs the hardship on any party 
                                against whom the order is to be 
                                entered;
                        except that an order entered pursuant to 
                        subparagraph (B) shall be effective for a 
                        period not to exceed 90 days, unless extended 
                        by the court for good cause shown or unless an 
                        indictment or information described in this 
                        subparagraph has been filed.
                    ``(B) Temporary restraining orders.--
                            ``(i) In general.--A temporary restraining 
                        order under this subsection may be entered upon 
                        application of the United States without notice 
                        or opportunity for a hearing when an 
                        information or indictment has not yet been 
                        filed with respect to the property, if the 
United States demonstrates that there is probable cause to believe 
that--
                                    ``(I) the property with respect to 
                                which the order is sought would, in the 
                                event of conviction, be subject to 
                                forfeiture under this section; and
                                    ``(II)(aa) exigent circumstances 
                                exist that place the life or health of 
                                any person in danger; or
                                    ``(bb) that provision of notice 
                                will jeopardize the availability of the 
                                property for forfeiture.
                            ``(ii) Expiration.--A temporary restraining 
                        order described in clause (i) shall expire not 
                        later than 10 days after the date on which the 
                        order is entered, unless--
                                    ``(I) the order is extended for 
                                good cause shown; or
                                    ``(II) the party against whom it is 
                                entered consents to an extension for a 
                                longer period.
                            ``(iii) Hearing.--A hearing requested 
                        concerning an order entered under this 
                        paragraph shall be held at the earliest 
                        possible time and prior to the expiration of 
                        the temporary order.
                    ``(C) Inapplicability of federal rules of 
                evidence.--The court may receive and consider, at a 
                hearing held pursuant to this paragraph, evidence and 
                information that would otherwise be inadmissible under 
                the Federal Rules of Evidence.
    ``(d) Warrant of Seizure.--
            ``(1) In general.--The Government of the United States may 
        request the issuance of a warrant authorizing the seizure of 
        property subject to forfeiture under this section in the same 
        manner as provided for a search warrant.
            ``(2) Determinations by court.--The court shall issue a 
        warrant authorizing the seizure of the property referred to in 
        paragraph (1) if the court determines that there is probable 
        cause to believe that--
                    ``(A) the property to be seized would, in the event 
                of conviction, be subject to forfeiture; and
                    ``(B) an order under subsection (c) may not be 
                sufficient to ensure the availability of the property 
                for forfeiture.
    ``(e) Order of Forfeiture.--The court shall order forfeiture of 
property referred to in subsection (a) if the trier of fact determines, 
by a preponderance of the evidence, that the property is subject to 
forfeiture.
    ``(f) Execution.--
            ``(1) In general.--Upon entry of an order of forfeiture or 
        temporary restraining order under this section, the court shall 
        authorize the Attorney General to seize all property ordered 
        forfeited or restrained on such terms and conditions as the 
        court determines to be appropriate.
            ``(2) Actions by court.--Following entry of an order 
        declaring the property forfeited, the court may, upon 
        application of the United States, enter such appropriate 
        restraining orders or injunctions, require the execution of 
        satisfactory performance bonds, appoint receivers, 
        conservators, appraisers, accountants, or trustees, or take any 
        other action to protect the interest of the United States in 
        the property ordered forfeited.
            ``(3) Offset.--Any income accruing to or derived from 
        property ordered forfeited under this section may be used to 
        offset ordinary and necessary expenses to the property that--
                    ``(A) are required by law; or
                    ``(B) are necessary to protect the interests of the 
                United States or third parties.
    ``(g) Disposition of Property.--
            ``(1) In general.--Following the seizure of property 
        ordered forfeited under this section, the Attorney General 
        shall, making due provision for the rights of any innocent 
        persons--
                    ``(A) destroy or retain for official use any 
                article described in paragraph (1) of subsection (a); 
                and
                    ``(B) retain for official use or direct the 
                disposition of any property described in paragraph (2) 
                or (3) of subsection (a) by sale or any other 
                commercially feasible means.
            ``(2) Reversion prohibited.--With respect to the 
        forfeiture, any property right or interest not exercisable by, 
        or transferable for value to, the United States shall expire 
        and shall not revert to the defendant, nor shall the defendant 
        or any person acting in concert with the defendant or on behalf 
        of the defendant be eligible to purchase forfeited property at 
        any sale held by the United States.
            ``(3) Restraint of sale or disposition.--Upon application 
        of a person, other than the defendant or person acting in 
        concert with the defendant or on behalf of the defendant, the 
        court may restrain or stay the sale or disposition of the 
        property pending the conclusion of any appeal of the criminal 
        case giving rise to the forfeiture, if the applicant 
        demonstrates that proceeding with the sale or disposition of 
        the property will result in irreparable injury, harm, or loss 
        to the applicant.
    ``(h) Authority of Attorney General.--With respect to property 
ordered forfeited under this section, the Attorney General may--
            ``(1) grant petitions for mitigation or remission of 
        forfeiture, restore forfeited property to victims of a 
        violation of this section, or take any other action to protect 
        the rights of innocent persons that--
                    ``(A) is in the interest of justice; and
                    ``(B) is not inconsistent with this section;
            ``(2) compromise claims arising under this section;
            ``(3) award compensation to persons providing information 
        resulting in a forfeiture under this section;
            ``(4) direct the disposition by the United States, under 
        section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a), of all 
        property ordered forfeited under this section by public sale or 
        any other commercially feasible means, making due provision for 
        the rights of innocent persons; and
            ``(5) take such appropriate measures as are necessary to 
        safeguard and maintain property ordered forfeited under this 
        section pending the disposition of that property.
    ``(i) Bar on Intervention.--Except as provided in subsection (l), 
no party claiming an interest in property subject to forfeiture under 
this section may--
            ``(1) intervene in a trial or appeal of a criminal case 
        involving the forfeiture of that property under this section; 
        or
            ``(2) commence an action at law or equity against the 
        United States concerning the validity of the alleged interest 
        of that party in the property subsequent to the filing of an 
        indictment or information alleging that the property is subject 
        to forfeiture under this section.
    ``(j) Jurisdiction To Enter Orders.--Each district court of the 
United States shall have jurisdiction to enter an order of forfeiture 
under this section without regard to the location of any property 
that--
            ``(1) may be subject to forfeiture under this section; or
            ``(2) has been ordered forfeited under this section.
    ``(k) Depositions.--In order to facilitate the identification and 
location of property declared forfeited under this section and to 
facilitate the disposition of petitions for remission or mitigation of 
forfeiture, after the entry of an order declaring property forfeited to 
the United States under this section, the court may, upon application 
of the United States, order that--
            ``(1) the testimony of any witness relating to the property 
        forfeited be taken by deposition; and
            ``(2) any designated book, paper, document, record, 
        recording, or other material that is not privileged be produced 
        at the same time and place, and in the same manner, as provided 
        for the taking of depositions under rule 15 of the Federal 
        Rules of Criminal Procedure.
    ``(l) Third Party Interests.--
            ``(1) In general.--
                    ``(A) Notice.--Following the entry of an order of 
                forfeiture under this section, the United States 
                Government shall publish notice of the order and of the 
                intent of the Government to dispose of the property in 
                such manner as the Attorney General may direct.
                    ``(B) Direct written notice.--In addition to 
                providing the notice described in subparagraph (A), the 
                Government may, to the extent practicable, provide 
                direct written notice to any person known to have 
                alleged an interest in the property that is the subject 
                of the order of forfeiture as a substitute for 
                published notice as to those persons so notified.
            ``(2) Petition by person other than defendant.--
                    ``(A) In general.--Any person, other than the 
                defendant, who asserts a legal interest in property 
                that has been ordered forfeited to the United States 
                pursuant to this section may petition the court for a 
                hearing to adjudicate the validity of his alleged 
                interest in the property not later than the earlier 
                of--
                            ``(i) the date that is 30 days after the 
                        final publication of notice; or
                            ``(ii) the date that is 30 days after the 
                        receipt of notice by the person under paragraph 
                        (1).
                    ``(B) Requirements for hearing.--A hearing 
                described in subparagraph (A) shall be held before the 
                court without a jury.
            ``(3) Requirements for petition.--A petition referred to in 
        paragraph (2) shall--
                    ``(A) be signed by the petitioner under penalty of 
                perjury; and
                    ``(B) set forth--
                            ``(i) the nature and extent of the 
                        petitioner's right, title, or interest in the 
                        property;
                            ``(ii) the time and circumstances of the 
                        petitioner's acquisition of the right, title, 
                        or interest in the property;
                            ``(iii) the relief sought; and
                            ``(iv) any additional facts supporting the 
                        petitioner's claim.
            ``(4) Date; consolidation.--
                    ``(A) Date of hearing.--The hearing on a petition 
                referred to in paragraph (2) shall, to the extent 
                practicable and consistent with the interests of 
                justice, be held not later than 30 days after the 
                filing of the petition.
                    ``(B) Consolidation.--The court may consolidate the 
                hearing on the petition with a hearing on any other 
                petition filed by a person other than the defendant 
                under this subsection.
            ``(5) Actions at hearings.--
                    ``(A) In general.--At a hearing referred to in 
                paragraph (4)--
                            ``(i) the petitioner may testify and 
                        present evidence and witnesses on his or her 
                        own behalf, and cross-examine witnesses who 
                        appear at the hearing; and
                            ``(ii) the Government may present evidence 
                        and witnesses in rebuttal and in defense of its 
                        claim to the property that is the subject and 
                        cross-examine witnesses who appear at the 
                        hearing.
                    ``(B) Consideration by court.--In addition to 
                considering testimony and evidence presented at the 
                hearing, the court shall consider the relevant portions 
                of the record of the criminal case that resulted in the 
                order of forfeiture.
            ``(6) Amendment of order of forfeiture.--If, after holding 
        a hearing under this subsection, the court determines that a 
        petitioner has established by a preponderance of the evidence 
        --
                    ``(A) that--
                            ``(i) the petitioner has a legal right, 
                        title, or interest in the property that is the 
                        subject of the hearing; and
                            ``(ii) right, title, or interest renders 
                        the order of forfeiture invalid in whole or in 
                        part because the right, title, or interest--
                                    ``(I) was vested in the petitioner 
                                rather than the defendant; or
                                    ``(II) was superior to any right, 
                                title, or interest of the defendant at 
                                the time of the commission of the acts 
                                which gave rise to the forfeiture of 
                                the property under this section; or
                    ``(B) that the petitioner is a bona fide purchaser 
                for value of the right, title, or interest in the 
                property and was at the time of purchase reasonably 
                without cause to believe that the property was subject 
                to forfeiture under this section;
        the court shall amend the order of forfeiture in accordance 
        with its determination.
            ``(7) Actions of court after disposition of petition.--
        After the disposition of the court of all petitions filed under 
        this subsection, or if no such petitions are filed after the 
        expiration of the period specified in paragraph (2), the United 
        States--
                    ``(A) shall have clear title to property that is 
                the subject of the order of forfeiture; and
                    ``(B) may warrant good title to any subsequent 
                purchaser or transferee.
    ``(m) Construction.--This section shall be liberally construed in 
such manner as to effectuate the remedial purposes of this section.
    ``(n) Substitute Assets.--
            ``(1) In general.--In accordance with paragraph (2), the 
        court shall order the forfeiture of property of a defendant 
        other than property described in subsection (a) if, as a result 
        of an act or omission of the defendant, any of the property of 
        the defendant that is described in subsection (a)--
                    ``(A) cannot be located upon the exercise of due 
                diligence;
                    ``(B) has been transferred or sold to, or deposited 
                with, a third party;
                    ``(C) has been placed beyond the jurisdiction of 
                the court;
                    ``(D) has been substantially diminished in value; 
                or
                    ``(E) has been commingled with other property which 
                cannot be divided without difficulty.
            ``(2) Value of property.--The value of any property subject 
        to forfeiture under paragraph (1) shall not exceed the value of 
        property of the defendant with respect to which subparagraph 
        (A), (B), (C), (D), or (E) of paragraph (1) applies.''; and
            (3) by striking the section heading and inserting the 
        following:

``SEC. 2332c. USE AND STOCKPILING OF CHEMICAL WEAPONS.''.

    (b) Conforming Amendment to Federal Rules of Evidence.--Section 
1101(d)(3) of the Federal Rules of Evidence is amended by striking ``; 
and proceedings with respect to release on bail or otherwise'' and 
inserting ``, proceedings with respect to release on bail or otherwise; 
and proceedings under section 2232c(c)(3) of title 18, United States 
Code (except that the rules with respect to privilege under subsection 
(c) of this section also shall apply).''.
    (c) Conforming Amendment.--The chapter analysis for chapter 113B of 
title 18, United States Code, is amended by striking the item relating 
to section 2332b and inserting the following:

``2332c. Use and stockpiling of chemical weapons.''.

                  Subtitle B--International Terrorism

SEC. 321. MULTILATERAL SANCTIONS.

    (a) Policy on Establishment of Sanctions Regimes.--
            (1) Policy.--Congress urges the President to commence 
        immediately after the date of enactment of this Act diplomatic 
        efforts, in appropriate international fora (including the 
        United Nations) and bilaterally, with allies of the United 
        States, to establish, as appropriate, a multilateral sanctions 
        regime against each country that the Secretary of State 
        determines under section 6(j) of the Export Administration Act 
        of 1979 (50 U.S.C. App. 2405(j)) to have repeatedly provided 
        support for acts of international terrorism.
            (2) Report.--The President shall include in the annual 
        report on patterns of global terrorism prepared under section 
        143 a description of the extent to which the diplomatic efforts 
        referred to in paragraph (1) have been carried out and the 
        degree of success of those efforts.
    (b) Action Plans for Designated Terrorist Nations.--The President 
shall provide to Congress as a part of each report on patterns of 
global terrorism prepared under section 143 a plan of action (to be 
known as an ``action plan'') for inducing each country referred to in 
paragraph (1) to cease the support of that country for acts of 
international terrorism.

SEC. 322. INFORMATION ON COOPERATION WITH UNITED STATES ANTITERRORISM 
              EFFORTS IN ANNUAL COUNTRY REPORTS ON TERRORISM.

    Section 140 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (22 U.S.C. 2656f) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) with respect to each foreign country from which the 
        United States Government has sought cooperation during the 
        preceding 5-year period in the investigation or prosecution of 
        an act of international terrorism against United States 
        citizens or interests, information on--
                    ``(A) the extent to which the government of the 
                foreign country is cooperating with the United States 
                Government in apprehending, convicting, and punishing 
                each individual responsible for the act; and
                    ``(B) the extent to which the government of the 
                foreign country is cooperating in preventing further 
                acts of terrorism against United States citizens in the 
                foreign country; and
            ``(4) with respect to each foreign country from which the 
        United States Government has sought cooperation during the 
        preceding 5-year period in the prevention of an act of 
        international terrorism against such citizens or interests, the 
        information described in paragraph (3)(B).''; and
            (2) in subsection (c)--
                    (A) by striking ``The report'' and inserting the 
                following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        report''; and
                    (B) by adding at the end the following:
            ``(2) Classified form.--If the Secretary of State 
        determines that the transmittal of the information under 
        paragraph (3) or (4) of subsection (a) in classified form with 
        respect to a foreign country would increase the likelihood of 
        cooperation of the government of the foreign country (as 
        specified in that paragraph), the Secretary may transmit the 
        information under that paragraph in classified form.''.

SEC. 323. REPORT ON INTERNATIONAL TERRORISM.

    (a) Annual Report.--Not later than 60 days after the date of 
enactment of this Act, and annually thereafter, at the same time as the 
Secretary of State submits the report required by section 140 of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 
U.S.C. 2656f), the Secretary of State, in consultation with the 
Director of Central Intelligence, shall submit, in classified and 
unclassified versions, to the Speaker and the Minority Leader of the 
House of Representatives, the Majority Leader and the Minority Leader 
of the Senate, the chairman and the ranking minority member of the 
Committee on International Relations of the House of Representatives, 
and the chairman and the ranking minority member of the Committee on 
Foreign Relations of the Senate a report that includes--
            (1) an assessment of--
                    (A) the magnitude of the anticipated threat from 
                international terrorism to United States interests, 
persons, and property in the United States and abroad, including the 
names and background of major terrorist groups and the leadership of 
those groups;
                    (B) the sources of financial and logistical support 
                of the groups;
                    (C) the nature and scope of the human and technical 
                infrastructure;
                    (D) the goals, doctrine, and strategies of the 
                groups;
                    (E) the quality and type of education and training 
                of the groups;
                    (F) the level of advancement of the groups;
                    (G) the bases of operation and training of the 
                groups;
                    (H) the operational capabilities of the groups;
                    (I) the bases of recruitment of the groups;
                    (J) the linkages with governmental and 
                nongovernmental actors (such as ethnic groups, 
                religious communities, or criminal organizations) of 
                the groups; and
                    (K) the intent and capability of each of the groups 
                to access and use weapons of mass destruction;
            (2) a detailed assessment of any country that provided 
        support of any type for international terrorism, terrorist 
        groups, or individual terrorists, including any country with 
        respect to which the government of that country knowingly 
        allowed terrorist groups or individuals to transit or reside in 
        the territory of that country, without regard to whether 
        terrorist acts were committed by the terrorist groups or 
        individuals in that territory;
            (3) a detailed assessment of efforts of individual 
        countries to take effective action against countries that the 
        Secretary of State determines under section 6(j) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2405(j)) to have 
        repeatedly supported acts of international terrorism, including 
        the status of--
                    (A) compliance with international sanctions; and
                    (B) bilateral economic relations; and
            (4)(A) a detailed assessment of efforts of the United 
        States Government to carry out this section; and
            (B) an identification of any failure or insufficient action 
        on the part of the Government to carry out this section.
    (b) Content of Assessments.--An assessment under subsection (a)(1) 
shall--
            (1) characterize the quality of the information that 
        supports the assessment and identify areas that require 
        enhanced information; and
            (2) identify and analyze potential vulnerabilities of 
        terrorist groups that could serve to guide the development of 
        governmental policy.
    (c) Submission to the Commission on Terrorism.--During the period 
that the National Commission on Terrorism established under section 341 
is operating, the President shall submit a property of each report 
prepared under subsection (a).

SEC. 324. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.

    (a) In General.--Section 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as follows:

``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary of State shall establish a 
        program for the payment of rewards by the Secretary in 
        accordance with this section.
            ``(2) Consultation.--The rewards program established under 
        paragraph (1) shall be administered by the Secretary of State, 
        in consultation (as appropriate), with the Attorney General.
    ``(b) Rewards Program.--
            ``(1) The rewards program established under subsection 
        (a)(1) shall be designed to assist in the prevention of acts of 
        international terrorism, international narcotics trafficking, 
        and other related criminal acts.
            ``(2) At the sole discretion of the Secretary of State and 
        in consultation, as appropriate, with the Attorney General, the 
        Secretary of State may pay a reward to any individual who 
        furnishes information leading to--
                    ``(A) the arrest or conviction in any country of 
                any individual for the commission of an act of 
                international terrorism against a person or property;
                    ``(B) the arrest or conviction in any country of 
                any individual conspiring or attempting to commit an 
                act of international terrorism against a United States 
                person or United States property;
                    ``(C) the arrest or conviction in any country of 
                any individual for committing, primarily outside the 
                territorial jurisdiction of the United States, any 
                narcotics-related offense if that offense involves or 
                is a significant part of conduct that involves--
                            ``(i) a violation of United States 
                        narcotics laws which is such that the 
                        individual would be a major violator of such 
                        laws;
                            ``(ii) the killing or kidnapping of--
                                    ``(I) any officer, employee, or 
                                contract employee of the United States 
                                Government while that individual is 
                                engaged in official duties, or on 
                                account of the performance of official 
                                duties of that individual, in 
                                connection with--
                                            ``(aa) the enforcement of 
                                        United States narcotics laws; 
                                        or
                                            ``(bb) the implementation 
                                        of United States narcotics 
                                        control objectives; or
                                    ``(II) a member of the immediate 
                                family of any individual described in 
                                subclause (I) on account of the 
                                official duties of that individual in 
                                connection with--
                                            ``(aa) the enforcement of 
                                        United States narcotics laws; 
                                        or
                                            ``(bb) the implementation 
                                        of United States narcotics 
                                        control objectives; or
                            ``(iii) an attempt or conspiracy to commit 
                        any act described in clause (i) or (ii);
                    ``(D) the arrest or conviction in any country of 
                any individual who aids or abets in the commission of 
                an act described in subparagraph (A), (B), or (C); or
                    ``(E) the prevention, frustration, or favorable 
                resolution of an act described in subparagraph (A), 
                (B), or (C).
    ``(c) Coordination.--
            ``(1) In general.--To ensure that the payment of rewards 
        under this section does not duplicate or interfere with the 
        payment of informants or the obtaining of evidence or 
        information, as authorized for the Department of Justice, the 
        offering, administration, and payment of rewards under this 
        section shall be conducted in accordance with procedures that 
        the Secretary of State, in consultation with the Attorney 
        General, shall establish.
            ``(2) Contents of procedures.--The procedures referred to 
        in paragraph (2) shall include procedures for--
                    ``(A) identifying individuals, organizations, and 
                offenses with respect to which rewards are to be 
                offered;
                    ``(B) the publication of rewards;
                    ``(C) the offering of joint rewards with the 
                governments of foreign countries;
                    ``(D) the receipt and analysis of data; and
                    ``(E) the payment and approval of payment.
            ``(3) Consultation with attorney general.--Before making a 
        reward under this section in a matter subject to Federal 
        criminal jurisdiction, the Secretary of State shall advise and 
        consult with the Attorney General.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--Notwithstanding section 102 of the 
        Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 
        (99 Stat. 408), and subject to paragraph (2), there are 
        authorized to be appropriated to the Department of State such 
        sums as may be necessary to carry out this section.
            ``(2) Limitation.--No amount of funds may be appropriated 
        to the Department of State for the purpose specified in 
        paragraph (1) in excess of the difference between $15,000,000 
        and the amount of unobligated funds available for that purpose 
        to the Secretary of State for the fiscal year involved.
            ``(3) Distribution of funds.--To the maximum extent 
        practicable, funds made available to carry out this section 
        shall be distributed in equal amounts for the purpose of 
        preventing acts of international terrorism and for the purpose 
        of preventing international narcotics trafficking.
            ``(4) Availability of funds.--Amounts appropriated pursuant 
        to the authorization under paragraph (1) are authorized to 
        remain available until expended.
    ``(e) Limitation and Certification.--
            ``(1) Limitation.--A reward made under this section by the 
        Secretary of State may not exceed $5,000,000.
            ``(2) Approval of president or secretary of state.--A 
        reward under this section in an amount greater than $100,000 
        may not be made under the program under this section without 
the approval of the President or the Secretary of State.
            ``(3) Approval of secretary of state.--Any reward granted 
        under the program under this section shall be approved and 
        certified for payment by the Secretary of State.
            ``(4) Prohibition.--Neither the President nor the Secretary 
        of State may delegate the authority under paragraph (2) to any 
        other officer or employee of the United States Government.
            ``(5) Protection.--If the Secretary of State determines 
        that it is necessary to protect the identity of the recipient 
        of a reward or of the members of the recipient's immediate 
        family, the Secretary may take such measures in connection with 
        the payment of the reward as the Secretary considers necessary 
        to effect that protection.
    ``(f) Ineligibility.--An officer or employee of any governmental 
entity who, while in the performance of the official duties of that 
officer, furnishes information described in subsection (b) shall not be 
eligible for a reward under this section.
    ``(g) Reports.--
            ``(1) In general.--
                    ``(A) Post-award report.--Not later than 30 days 
                after the payment of any reward under this section, the 
                Secretary of State shall submit a report to the 
                appropriate congressional committees with respect to 
                that reward.
                    ``(B) Classified form.--If necessary, a report 
                under subparagraph (A) may be submitted in classified 
                form.
                    ``(C) Content of report.--A report submitted under 
                subparagraph (A) shall specify--
                            ``(i) the amount of the reward paid;
                            ``(ii) the recipient of the reward;
                            ``(iii) the acts related to the information 
                        for which the reward was paid; and
                            ``(iv) the significance of the information 
                        for which the reward was paid in dealing with 
                        the acts described under clause (iii).
            ``(2) Annual report.--
                    ``(A) In general.--Not later than 60 days after the 
                end of each fiscal year, the Secretary of State shall 
                submit a report to the appropriate congressional 
                committees concerning the operation of the rewards 
                program under this section.
                    ``(B) Contents of reports.--Each report under 
                subparagraph (A), shall provide information 
                concerning--
                            ``(i) the total amounts expended during the 
                        fiscal year that is the subject of the report 
                        to carry out this section, including amounts 
                        spent to publicize the availability of rewards; 
                        and
                            ``(ii) all requests made for the payment of 
                        rewards under this section, including the 
                        reasons for the denial of any such request.
    ``(h) Definitions.--In this section:
            ``(1) Act of international terrorism.--The term `act of 
        international terrorism' includes--
                    ``(A) any act substantially contributing to the 
                acquisition of unsafeguarded special nuclear material 
                (as that term is defined in section 830(8) of the 
                Nuclear Proliferation Prevention Act of 1994 (108 Stat. 
                521)) or any nuclear explosive device (as that term is 
                defined in section 830(4) of that Act (108 Stat. 521)) 
                by an individual, group, or non-nuclear weapon state 
                (as that term is defined in section 830(5) of that Act 
                (108 Stat. 521));
                    ``(B) any act, as determined by the Secretary of 
                State, that materially supports the conduct of 
                international terrorism, including the counterfeiting 
                of United States currency or the illegal use of other 
                monetary instruments by an individual, group, or 
                country supporting international terrorism as 
                determined under section 6(j) of the Export 
                Administration Act of 1979; and
                    ``(C) any act that would be a violation of chapter 
                113B of title 18, United States Code, relating to 
                terrorism.
            ``(2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            ``(3) Member of the immediate family.--The term `member of 
        the immediate family' includes--
                    ``(A) a spouse, parent, brother, sister, or child 
                of the individual;
                    ``(B) a person to whom the individual stands in 
                loco parentis; and
                    ``(C) any other person living in the individual's 
                household and related to the individual by blood or 
                marriage.
            ``(4) United states narcotics laws.--The term `United 
        States narcotics laws' means the laws of the United States for 
        the prevention and control of illicit traffic in controlled 
        substances (as such term is defined in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6))).
    ``(i) Judicial Review.--A determination made by the Secretary of 
State concerning whether to authorize a reward under this section, or 
the amount of a reward, shall not be subject to judicial review.''.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should pursue additional means of funding the 
program established by section 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708), including the authority--
            (1) to seize and dispose of assets used in the commission 
        of any offense under sections 1028, 1541 through 1544, and 1546 
        of title 18, United States Code;
            (2) to retain the proceeds derived from the disposition of 
        the assets referred to in paragraph (1);
            (3) to participate in asset-sharing programs conducted by 
        the Department of Justice; and
            (4) to retain earnings accruing on all assets of foreign 
        countries blocked by the President pursuant to the 
        International Emergency Powers Act (50 U.S.C. 1701 et seq.) to 
        carry out the purposes of section 36 of the State Department 
        Basic Authorities Act of 1956.

                  Subtitle C--Commissions and Studies

SEC. 331. NATIONAL COMMISSION ON TERRORISM.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission on Terrorism'' (in this section referred 
to as the ``Commission'').
    (b) Membership.--
            (1) Number and appointment.--
                    (A) In general.--The Commission shall be composed 
                of 11 members, appointed from persons specially 
                qualified by training and experience to perform the 
                duties of the Commission, of whom--
                            (i) 3 shall be appointed by the Speaker of 
                        the House of Representatives, and 1 shall be 
                        appointed by the Minority Leader of the House 
                        of Representatives;
                            (ii) 3 shall be appointed by the Majority 
                        Leader of the Senate, and 1 shall be appointed 
                        by the Minority Leader of the Senate; and
                            (iii) 3 shall be appointed by the 
                        President.
                    (B) Timing of appointments.--The appointing 
                authorities shall make their appointments to the 
                Commission not later than 45 days after the date of 
                enactment of this Act.
            (2) Designation of the chairperson and vice chairperson.--
        The Speaker of the House of Representatives and the Majority 
        Leader of the Senate shall jointly designate a Chairperson and 
        a Vice Chairperson from the members of the Commission (in this 
        section referred to as the ``Chairperson'' and the ``Vice 
        Chairperson'', respectively).
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Commission. Any vacancy in 
        Commission membership shall not affect the exercise of the 
        Commission's powers, and shall be filled in the same manner as 
        the original appointment.
    (c) Meetings.--
            (1) In general.--Not later than 60 days after the date on 
        which all initial members of the Commission are appointed under 
        subsection (b), the Commission shall hold its initial meeting. 
        Each subsequent meeting of the Commission shall be held at the 
        call of the Chairperson.
            (2) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
    (d) Security Clearances.--Appropriate security clearances shall be 
required for each member of the Commission. Each such clearance shall--
            (1) be processed and completed on an expedited basis by 
        appropriate elements of the executive branch of the Federal 
        Government; and
            (2) to the extent practicable, be completed not later than 
        90 days after the date on which the member is appointed.
    (e) Application of Certain Provisions of Law.--
            (1) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.), and the regulations issued 
        pursuant to that Act, shall not apply to the Commission.
            (2) Freedom of information act.--
                    (A) In general.--Except as provided in subparagraph 
                (B), section 552 of title 5, United States Code 
                (commonly known as the ``Freedom of Information Act''), 
                shall not apply to the Commission.
                    (B) Exceptions.--Records of the Commission shall be 
                subject to chapters 21 through 31 of title 44, United 
                States Code. Any such record that is transferred to the 
                National Archives and Records Agency shall not be 
                exempt from section 552 of title 5, United States Code.
    (f) Duties of the Commission.--
            (1) In general.--The Commission shall--
                    (A) prepare and transmit the reports described in 
                paragraph (2);
                    (B) examine the long-term strategy of the Federal 
                Government in addressing the threat of international 
                terrorism, including intelligence capabilities, 
                international cooperation, military responses, and 
                technological capabilities;
                    (C) examine the efficacy and appropriateness of 
                efforts of the Federal Government to prevent, detect, 
                investigate, and prosecute acts of terrorism, 
                including--
                            (i) the coordination of counter terrorism 
                        efforts among Federal departments and agencies, 
                        and coordination by the Federal Government of 
                        law enforcement with State and local law 
                        enforcement entities in responding to terrorist 
                        threats and acts;
                            (ii) the ability and utilization of 
                        counterintelligence or counterterrorism efforts 
                        to infiltrate and disable or disrupt 
                        international terrorist organizations and the 
                        activities of those organizations;
                            (iii) the impact of Federal immigration 
                        laws and policies on acts of terrorism 
                        transcending national boundaries;
                            (iv) the effectiveness of regulations and 
                        practices in effect at the time of the 
                        examination relating to civil aviation safety 
                        and security to prevent acts of terrorism, 
                        including a study of--
                                    (I) the desirability of assigning, 
                                on a permanent basis, personnel of the 
                                Federal Bureau of Investigation at 
                                high-risk airports; and
                                    (II) the practicality and 
                                desirability of transferring authority 
                                for United States airport security to 
                                an entity other than the Federal 
                                Aviation Administration;
                            (v) the extent and effectiveness of present 
                        cooperative efforts with foreign nations to 
                        prevent, detect, investigate, and prosecute 
                        acts of terrorism; and
                            (vi)(I) the impact on counterterrorism 
                        efforts in use at the time of the examination 
                        attributable to the failure to expend and 
                        utilize resources made available, and authority 
                        delegated by law for the implementation of 
                        enhanced counter terrorism activities; and
                            (II) the reasons why the resources referred 
                        to in subclause (I) have not been expended in a 
                        timely manner; and
                    (D) examine all laws (including statutes and 
                regulations) relating to--
                            (i) the collection and dissemination of 
                        personal information concerning individuals by 
                        law enforcement or other governmental entities; 
                        and
                            (ii) the necessity for additional 
                        protections to prevent and deter the 
                        inappropriate collection and dissemination of 
                        the information referred to in clause (i).
            (2) Reports.--
                    (A) Initial report.--Not later than 2 months after 
                the date on which the initial meeting of the Commission 
                is held, the Commission shall transmit to the 
                Committees on the Judiciary of the House of 
                Representatives and the Senate, the Committee on 
                Foreign Relations of the Senate, the Committee on 
                International Relations of the House of 
                Representatives, the Select Committee on Intelligence 
                of the Senate, and the Permanent Select Committee on 
                Intelligence of the House of Representatives a report 
                setting forth a plan for the work of the Commission.
                    (B) Interim reports.--Prior to the submission of 
                the report under subparagraph (C), the Commission may 
                issue such interim reports as the Commission determines 
                to be necessary or appropriate.
                    (C) Final report.--
                            (i) In general.--
                                    (I) Submission.--Not later than 
                                January 31, 1999, the Commission shall 
submit to the President and to the Committee on the Judiciary of the 
Senate, the Committee on the Judiciary of the House of Representatives, 
the Committee on Foreign Relations of the Senate, the Committee on 
International Relations of the House of Representatives, the Select 
Committee on Intelligence of the Senate, and the Permanent Select 
Committee on Intelligence of the House of Representatives, a report 
that describes the activities, findings, and recommendations of the 
Commission, including any recommendations for the enactment of 
legislation that the Commission considers advisable.
                                    (II) Availability of report.--To 
                                the extent feasible, the final report 
                                shall be unclassified and made 
                                available to the public. The report 
                                shall be supplemented as necessary by a 
                                classified report or annex that shall 
                                be provided separately to the President 
                                and the committees of the Congress 
                                listed in subclause (I).
                            (ii) Protection of individuals.--Prior to 
                        the submission of a report under this 
                        paragraph--
                                    (I) the Commission shall forward a 
                                draft of the report to the Director of 
                                Central Intelligence; and
                                    (II) the Director of Central 
                                Intelligence shall--
                                            (aa) review the report to 
                                        ensure that disclosure of its 
                                        contents will not endanger the 
                                        life or safety of any person; 
                                        and
                                            (bb) upon completion of the 
                                        review, promptly provide 
                                        conclusions and recommendations 
                                        to the Commission.
    (g) Powers.--
            (1) Hearings.--The Commission or, at its direction, any 
        panel or member of the Commission, may, for the purpose of 
        carrying out this section, hold hearings, sit and act at times 
        and places, take testimony, receive evidence, and administer 
        oaths to the extent that the Commission or any panel or member 
        considers advisable.
            (2) Information from federal agencies.--The Commission may 
        secure directly from any intelligence agency or from any other 
        Federal department or agency any information that the 
        Commission considers necessary to enable the Commission to 
        carry out the responsibilities of the Commission under this 
        section. Upon request of the Chairperson, the head of any such 
        department or agency expeditiously shall furnish such 
        information to the Commission, unless the head of the 
        department or agency determines that providing such information 
        would threaten national security, the health or safety of any 
        individual, or the integrity of an ongoing investigation or 
        prosecution.
            (3) Postal, printing, and binding services.--The Commission 
        may use the United States mails and obtain printing and binding 
        services in the same manner and under the same conditions as 
        other departments and agencies of the Federal Government.
            (4) Subcommittees.--
                    (A) In general.--The Commission may establish 
                panels composed of less than the full membership of the 
                Commission for the purpose of carrying out the duties 
                of the Commission.
                    (B) Actions of panels.--The actions of each such 
                panel shall be subject to the review and control of the 
                Commission.
                    (C) Findings and determinations of panel.--Any 
                findings and determinations made by such a panel shall 
                not be considered the findings and determinations of 
                the Commission unless approved by the Commission.
            (5) Authority of individuals to act for commission.--Any 
        member or agent of the Commission may, if authorized by the 
        Commission, take any action that the Commission is authorized 
        to take under this section.
    (h) Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        who is not otherwise employed by the Federal Government shall 
        be paid, if requested, at a rate equal to the daily equivalent 
        of the annual rate of basic pay payable for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission. Each Federal officer or member of the Commission 
who is otherwise an officer or employee of the Federal Government 
(including any Member of Congress or member of the Federal Judiciary) 
shall serve without compensation in addition to that received for 
services as an officer or employee of the Federal Government.
            (2) Travel expenses.--Each member of the Commission 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 Commission.
            (3) Staff.--
                    (A) In general.--
                            (i) In general.--The Chairperson may, 
                        without regard to the provisions of title 5, 
                        United States Code, governing appointments in 
                        the competitive service, appoint a staff 
                        director and such additional personnel as may 
                        be necessary to enable the Commission to 
                        perform its duties.
                            (ii) Staff director.--The staff director of 
                        the Commission shall be a representative of the 
                        private sector. The appointment shall be 
                        subject to the approval of the Commission as a 
                        whole.
                    (B) Compensation.--The Chairperson may fix the pay 
                of the staff 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--
                            (i) the rate of pay fixed under this 
                        paragraph for the staff director may not exceed 
                        the rate payable for level V of the Executive 
                        Schedule under section 5316 of such title; and
                            (ii) the rate of pay for other personnel 
                        may not exceed the maximum rate payable for 
                        grade GS-15 of the General Schedule.
            (4) Detail of government employees.--Upon the request of 
        the Chairperson, the head of any Federal department or agency 
        may detail, on a nonreimbursable basis, any personnel of that 
        department or agency to the Commission to assist it in carrying 
        out its administrative and clerical functions.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson 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 payable for level V of the Executive 
        Schedule under section 5316 of such title.
    (i) Payment of Commission Expenses.--The compensation, travel 
expenses, per diem allowances of members and employees of the 
Commission, and other expenses of the Commission shall be paid equally 
out of funds available to the Attorney General, the Secretary of 
Defense, and the Secretary of State for the payment of compensation, 
travel allowances, and per diem allowances, respectively, of employees 
of the Department of Justice, the Department of Defense, and the 
Department of State.
    (j) Termination of the Commission.--The Commission shall terminate 
1 month after the date on which the final report is submitted under 
subsection (f)(2)(C).

                     TITLE IV--COMMUNITY PROTECTION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Community Protection Initiative 
Act of 1997''.

                 Subtitle A--Law Enforcement Assistance

SEC. 411. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT 
              OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF 
              CONCEALED FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 926A the following:
``Sec. 926B. Carrying of concealed firearms by qualified current and 
              former law enforcement officers
    ``(a) In General.--Notwithstanding any provision of the law of any 
State or any political subdivision of a State, an individual may carry 
a concealed firearm if that individual is--
            ``(1) a qualified law enforcement officer or a qualified 
        former law enforcement officer; and
            ``(2) carrying appropriate written identification.
    ``(b) Effect on Other Laws.--
            ``(1) Common carriers.--Nothing in this section shall be 
        construed to exempt from section 46505(B)(1) of title 49--
                    ``(A) a qualified law enforcement officer who does 
                not meet the requirements of section 46505(D) of title 
                49; or
                    ``(B) a qualified former law enforcement officer.
            ``(2) Federal laws.--Nothing in this section shall be 
        construed to supersede or limit any Federal law or regulation 
        prohibiting or restricting the possession of a firearm on any 
        Federal property, installation, building, base, or park.
            ``(3) State laws.--Nothing in this section shall be 
        construed to supersede or limit the laws of any State that--
                    ``(A) grant rights to carry a concealed firearm 
                that are broader than the rights granted under this 
                section;
                    ``(B) permit private persons or entities to 
                prohibit or restrict the possession of concealed 
                firearms on their property; or
                    ``(C) prohibit or restrict the possession of 
                firearms on any State or local government property, 
                installation, building, base, or park.
            ``(4) Definitions.--In this section:
                    ``(A) Appropriate written identification.--The term 
                `appropriate written identification' means, with 
                respect to an individual, a document that--
                            ``(i) was issued to the individual by the 
                        public agency with which the individual serves 
                        or served as a qualified law enforcement 
                        officer; and
                            ``(ii) identifies the holder of the 
                        document as a current or former officer, agent, 
                        or employee of the agency.
                    ``(B) Qualified law enforcement officer.--The term 
                `qualified law enforcement officer' means an individual 
                who--
                            ``(i) is presently authorized by law to 
                        engage in or supervise the prevention, 
                        detection, or investigation of any violation of 
                        criminal law;
                            ``(ii) is authorized by the agency to carry 
                        a firearm in the course of duty;
                            ``(iii) meets any requirements established 
                        by the agency with respect to firearms; and
                            ``(iv) is not the subject of a disciplinary 
                        action by the agency that prevents the carrying 
                        of a firearm.
                    ``(C) Qualified former law enforcement officer.--
                The term `qualified former law enforcement officer' 
                means, an individual who is--
                            ``(i) retired from service with a public 
                        agency, other than for reasons of mental 
                        disability;
                            ``(ii) immediately before such retirement, 
                        was a qualified law enforcement officer with 
                        that public agency;
                            ``(iii) has a nonforfeitable right to 
                        benefits under the retirement plan of the 
                        agency;
                            ``(iv) was not separated from service with 
                        a public agency due to a disciplinary action by 
                        the agency that prevented the carrying of a 
                        firearm;
                            ``(v) meets the requirements established by 
                        the State in which the individual resides with 
                        respect to--
                                    ``(I) training in the use of 
                                firearms; and
                                    ``(II) carrying a concealed weapon; 
                                and
                            ``(vi) is not prohibited by Federal law 
                        from receiving a firearm.
                    ``(D) Firearm.--The term `firearm' means, any 
                firearm that has, or of which any component has, 
                traveled in interstate or foreign commerce.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 44 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 926A the following:

``926B. Carrying of concealed firearms by qualified current and former 
                            law enforcement officers.''.

                    Subtitle B--Citizens' Assistance

SEC. 421. SHORT TITLE.

    This subtitle may be cited as the ``Citizens' Assistance Act of 
1997''.

SEC. 422. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS.

    (a) In General.--The consent of Congress is hereby given to any 2 
or more States--
            (1) to enter into compacts or agreements for cooperative 
        effort in enabling individuals to carry concealed weapons as 
        dictated by laws of the State within which the owner of the 
weapon resides and is authorized to carry a concealed weapon; and
            (2) to establish agencies or guidelines as they may 
        determine to be appropriate for making effective such 
        agreements and compacts.
    (b) Reservation of Rights.--The right to alter, amend, or repeal 
this section is hereby expressly reserved by Congress.

SEC. 423. AUTHORIZED USES OF FEDERAL GRANT FUNDS.

    (a) In General.--Section 501(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--
            (1) in paragraph (25), by striking ``and'' at the end;
            (2) in paragraph (26), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(27) at the discretion of State or local law enforcement 
        authorities, to train members of the public in the safe 
        possession, ownership, handling, carry, and use of firearms, 
        including handguns.''.
    (b) Evaluating Data Ban.--Section 501(c) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(c)) is amended--
            (1) by striking ``Each'' and inserting the following:
            ``(1) In general.--Each'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately; and
            (3) by adding at the end the following:
            ``(2) Collection and use of data.--
                    ``(A) In general.--As a part of any evaluation 
                required by paragraph (1) or otherwise, the Attorney 
                General may not require the collection, and a grant 
                recipient may not undertake any collection, of any data 
                about any person who participates in any program funded 
                under this section for the purpose of training members 
                of the public in the safe possession, ownership, 
                handling, carry, and use of firearms, including 
                handguns, other than data necessary to determine 
                whether such a member lawfully may possess a firearm.
                    ``(B) Destruction of data.--Any data described in 
                subparagraph (A) shall be destroyed by any party in 
                possession of that data not later than 7 days after the 
                date on which it is collected or once a member of the 
                public receives the training offered, whichever comes 
                first.''.

SEC. 424. SELF-DEFENSE FOR VICTIMS OF ABUSE.

    Section 922(s)(1)(B) of title 18, United States Code, is amended--
            (1) by striking ``the transferee has'' and inserting ``the 
        transferee--
                            ``(i) has''; and
            (2) by adding at the end the following: ``or
                            ``(ii) is named as a person protected under 
                        a court order described in subsection 
                        (g)(8).''.

                TITLE V--CRIMINAL PROCEDURE IMPROVEMENTS

                Subtitle A--Equal Protection for Victims

SEC. 501. THE RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

    Rule 24(b) of the Federal Rules of Criminal Procedure is amended by 
striking ``the government is entitled to 6 peremptory challenges and 
the defendant or defendants jointly to 10 peremptory challenges'' and 
inserting ``each side is entitled to 10 peremptory challenges''.

SEC. 502. JURY TRIAL IMPROVEMENTS.

    (a) Juries of 6.--
            (1) In general.--Rule 23(b) of the Federal Rules of 
        Criminal Procedure is amended--
                    (A) by striking ``Jury of Less Than Twelve. 
                Juries'' and inserting the following:
    ``(b) Number of Jurors.--
            ``(1) In general.--Except as provided in subsection (2), 
        juries''; and
                    (B) by adding at the end the following:
            ``(2) Juries of 6.--Juries may be of 6 upon request in 
        writing by the defendant with the approval of the court and the 
        consent of the government.''.
            (2) Alternate jurors.--Rule 24(c) of the Federal Rules of 
        Criminal Procedure is amended by inserting after the first 
        sentence the following: ``In the case of a jury of 6, the court 
        shall direct that not more than 3 jurors in addition to the 
        regular jury be called and impanelled to sit as alternate 
        jurors.''.
    (b) Capital Cases.--Section 3593(b) of title 18, United States 
Code, is amended by striking the last sentence and inserting the 
following: ``A jury impanelled pursuant to paragraph (2) may be made of 
6 upon request in writing by the defendant with the approval of the 
court and the consent of the government. Otherwise, such jury shall be 
made of 12, unless, at any time before the conclusion of the hearing, 
the parties stipulate, with the approval of the court, that it shall 
consist of a lesser number.''.

SEC. 503. REBUTTAL OF ATTACKS ON THE CHARACTER OF THE VICTIM.

    Rule 404(a)(1) of the Federal Rules of Evidence is amended by 
inserting before the semicolon the following: ``, or, if an accused 
offers evidence of a pertinent trait of character of the victim of the 
crime, evidence of a pertinent trait of character of the accused 
offered by the prosecution''.

SEC. 504. USE OF NOTICE CONCERNING RELEASE OF OFFENDER.

    Section 4042(b) of title 18, United States Code, is amended by 
striking paragraph (4).

SEC. 505. BALANCE IN THE COMPOSITION OF RULES COMMITTEES.

    Section 2073 of title 28, United States Code, is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following: ``On each such committee that makes recommendations 
        concerning rules that affect criminal cases, including the 
        Federal Rules of Criminal Procedure, the Federal Rules of 
        Evidence, the Federal Rules of Appellate Procedure, the Rules 
        Governing Section 2254 Cases, and the Rules Governing Section 
        2255 Cases, the number of members who represent or supervise 
        the representation of defendants in the trial, direct review, 
        or collateral review of criminal cases shall not exceed the 
        number of members who represent or supervise the representation 
        of the Government or a State in the trial, direct review, or 
        collateral review of criminal cases.''; and
            (2) in subsection (b), by adding at the end the following: 
        ``The number of members of the standing committee who represent 
        or supervise the representation of defendants in the trial, 
        direct review, or collateral review of criminal cases shall not 
        exceed the number of members who represent or supervise the 
        representation of the Government or a State in the trial, 
        direct review, or collateral review of criminal cases.''.

                          Subtitle B--Firearms

SEC. 521. MANDATORY MINIMUM SENTENCES FOR CRIMINALS POSSESSING 
              FIREARMS.

    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, 
                carries, or 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;
                            ``(ii) if the firearm is discharged, be 
                        sentenced to a term of imprisonment of not less 
                        than 10 years; and
                            ``(iii) if the death of any person results, 
                        be sentenced to a term of imprisonment for life 
                        or sentenced to death.
                    ``(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--
                                    ``(I) sentenced to a term of 
                                imprisonment of not less than 10 years; 
                                and
                                    ``(II) if the death of any person 
                                results, sentenced to a term of 
                                imprisonment for life or sentenced to 
                                death; and
                            ``(ii) is a machinegun or a destructive 
                        device, or is equipped with a firearm silencer 
                        or firearm muffler, the person shall be--
                                    ``(I) sentenced to a term of 
                                imprisonment of not less than 30 years; 
                                and
                                    ``(II) if the death of any person 
                                results, sentenced to a term of 
                                imprisonment for life or sentenced to 
                                death.
                    ``(C) Exception for certain offenders.--In the case 
                of a second or subsequent conviction under this 
                subsection, a person shall 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 
                        or suspend the sentence of 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.

SEC. 522. FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG 
              OFFENDERS.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (a)(1), by inserting before the period 
        the following: ``, and if the violation is of section 922(g)(1) 
        by a person who has a previous conviction for a violent felony 
        (as defined in subsection (e)(2)(B)) or a serious drug offense 
        (as defined in subsection (e)(2)(A)), a sentence imposed under 
        this paragraph shall include a term of imprisonment of not less 
        than 10 years''; and
            (2) by adding at the end the following:
    ``(o)(1) Notwithstanding paragraph (2), any person who violates 
section 922(g) and has 2 previous convictions by any court referred to 
in section 922(g)(1) for a violent felony (as defined in subsection 
(e)(2)(B)) or a serious drug offense (as defined in subsection 
(e)(2)(A)) committed on different occasions shall be fined as provided 
in this title, imprisoned not less than 20 years.
    ``(2) Notwithstanding any other law, the court shall not grant a 
probationary sentence to a person described in paragraph (1) with 
respect to the conviction under section 922(g).''.

SEC. 523. USE OF FIREARMS IN CONNECTION WITH COUNTERFEITING OR FORGERY.

    Section 924(c)(1) of title 18, United States Code, is amended in 
the first sentence by inserting ``or during and in relation to any 
felony punishable under chapter 25,'' after ``United States,''.

SEC. 524. POSSESSION OF AN EXPLOSIVE DURING THE COMMISSION OF A FELONY.

    Section 844(h) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``carries an explosive 
        during'' and inserting ``uses, carries, or otherwise possesses 
        an explosive during''; and
            (2) by striking ``used or carried'' and inserting ``used, 
        carried, or possessed''.

SEC. 525. SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY.

    Section 844(h) of title 18, United States Code, is amended by 
striking ``10'' and inserting ``20''.

SEC. 526. INCREASED PENALTIES FOR INTERNATIONAL DRUG TRAFFICKING.

    (a) In General.--Section 1010 of the Controlled Substances Import 
and Export Act (21 U.S.C. 960) is amended by adding at the end the 
following:
    ``(e)(1) Notwithstanding any other provision of law, the court 
shall sentence a person convicted of a violation of subsection (a), 
consisting of bringing into the United States a mixture or substance--
            ``(A) which is described in subsection (b)(1); and
            ``(B) in an amount the Attorney General by rule has 
        determined is equal to 100 usual dosage amounts of such mixture 
        or substance;
to imprisonment for life without possibility of release. If the 
defendant has violated this subsection on more than one occasion and 
the requirements of chapter 228 of title 18, United States Code, are 
satisfied, the court shall sentence the defendant to death.
    ``(2) The maximum fine that otherwise may be imposed, but for this 
subsection, shall not be reduced by operation of this subsection.''.
    (b) Inclusion of Offense.--Section 3591(b) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the comma at the end of paragraph (2) and 
        inserting ``; or'' at the end of paragraph (2); and
            (3) by inserting after paragraph (2) the following:
            ``(3) an offense described in section 1010(e)(1) of the 
        Controlled Substances Import and Export Act;''.
    (c) Additional Aggravating Factor.--Section 3592(d) of title 18, 
United States Code, is amended by inserting after paragraph (8) the 
following:
            ``(9) Second importation offense.--The offense consisted of 
        a second or subsequent violation of section 1010(a) of the 
        Controlled Substances Import and Export Act consisting of 
        bringing a controlled substance into the United States.''.

                   Subtitle C--Federal Death Penalty

SEC. 541. STRENGTHENING OF FEDERAL DEATH PENALTY STANDARDS AND 
              PROCEDURES.

    (a) Amendments to Chapter 228.--Chapter 228 of title 18, United 
States Code, is amended--
            (1) in section 3592(c), by striking paragraph (2) and 
        inserting the following:
            ``(2) Involvement of a firearm or previous conviction of 
        violent felony involving a firearm.--For any offense, other 
        than an offense for which a sentence of death is sought on the 
        basis of section 924(c), the defendant--
                    ``(A) during and in relation to the commission of 
                the offense or in escaping or attempting to escape 
                apprehension used or possessed a firearm (as defined in 
                section 921); or
                    ``(B) has previously been convicted of a Federal or 
                State offense punishable by a term of imprisonment of 
                more than 1 year, involving the use or attempted or 
                threatened use of a firearm (as defined in section 921) 
                against another person.'';
            (2) in section 3593--
                    (A) in subsection (a)--
                            (i) in the heading, by inserting ``and the 
                        Defendant'' after ``Government'';
                            (ii) by redesignating paragraphs (1) and 
                        (2) as subparagraphs (A) and (B), respectively, 
                        and indenting appropriately;
                            (iii) by striking ``If, in a case'' and 
                        inserting the following:
            ``(1) In general.--If, in a case'';
                            (iv) by designating the matter immediately 
                        following subparagraph (B), as redesignated, as 
                        paragraph (3), and indenting appropriately;
                            (v) by inserting after paragraph (1) as 
                        redesignated, the following:
            ``(2) Notice of any mitigating factors.--The defendant 
        shall, during a reasonable period of time before a hearing 
        under subsection (b), sign and file with the court a notice 
        setting forth the mitigating factor or factors, if any, upon 
        which the defendant intends to present information at the 
        hearing.''; and
                            (vi) in paragraph (3), as redesignated--
                                    (I) by inserting ``by the attorney 
                                for the Government'' after ``this 
                                subsection'';
                                    (II) by striking ``, and may 
                                include'' and all that follows through 
                                ``relevant information'';
                                    (III) by inserting ``or the 
                                defendant'' after ``permit the attorney 
                                for the government''; and
                                    (IV) by inserting ``under this 
                                subsection'' after ``to amend the 
                                notice''.
                    (B) in subsection (c)--
                            (i) in the fourth sentence, by inserting 
                        ``for which notice has been provided under 
                        subsection (a)'' after ``The defendant may 
                        present any information relevant to a 
                        mitigating factor''; and
                            (ii) by inserting after the fifth sentence 
                        the following: ``The information presented by 
                        the government in support of factors concerning 
                        the effect of the offense on the victim and the 
                        family of the victim may include oral 
                        testimony, a victim impact statement that 
                        identifies the victim of the offense and the 
                        nature and extent of harm and loss suffered by 
                        the victim and the family of the victim, and 
                        any other relevant information.''; and
                    (C) in subsection (e), by striking ``shall 
                consider'' and all that follows through ``lesser 
                sentence.'' and inserting ``shall then consider whether 
                the aggravating factor or factors found to exist 
                outweigh any mitigating factors. The jury, or if there 
                is no jury, the court shall recommend a sentence of 
                death if it unanimously finds not less than 1 
                aggravating factor and no mitigating factor or if it 
finds one or more aggravating factors that outweigh any mitigating 
factors. In any other case, it shall not recommend a sentence of death. 
The jury shall be instructed that it must avoid any influence of 
sympathy, sentiment, passion, prejudice, or other arbitrary factors in 
its decision, and shall make such a recommendation as the information 
warrants. The jury shall be instructed that its recommendation 
concerning a sentence of death is to be based on the aggravating factor 
or factors and any mitigating factor or factors, but that the final 
decision whether any evidence, in fact, is aggravating or mitigating 
and concerning the balance of aggravating and mitigating factors is a 
matter for the judgment of the jury.''; and
            (3) in section 3595(c)(2), by striking the last sentence.
    (b) Uniformity of Procedures.--Section 408 of the Controlled 
Substances Act (21 U.S.C. 848) is amended--
            (1) by striking subsections (g) through (p), (q) (1) 
        through (3), and (r); and
            (2) in subsection (q) by--
                    (A) redesignating paragraphs (4) through (10) as 
                paragraphs (1) through (7), respectively; and
                    (B) inserting ``(g)'' before ``(1)'' as 
                redesignated.
    (c) Death During Commission of Another Crime.--Section 3592(c)(1) 
of title 18, United States Code, is amended by striking ``of, or during 
the immediate flight from the commission of,'' and inserting ``of a 
felony, or during the immediate flight from the commission of a felony, 
including''.
    (d) Aggravating Factors.--Section 3592(c) of title 18, United 
States Code, is amended by inserting immediately after paragraph (15) 
the following:
            ``(16) Other circumstances.--With regard to the capital 
        offense--
                    ``(A) the victim was a custodial parent or legal 
                guardian of a child who was less than 18 years of age;
                    ``(B) the offense was committed by a person 
                imprisoned as a result of a felony conviction;
                    ``(C) the offense was committed for the purpose of 
                disrupting or hindering the lawful exercise of any 
                government or political function;
                    ``(D) the victim was found to have been murdered 
                due to the association of the victim with a particular 
                group, gang, organization, or other entity;
                    ``(E) the offense was committed by a person 
                lawfully or unlawfully at liberty after being sentenced 
                to imprisonment as a result of a felony conviction;
                    ``(F) the offense was committed by means of a 
                destructive device, bomb, explosive, or similar device 
                that the defendant planted, hid, or concealed in any 
                place, area, dwelling, building, or structure, or 
                mailed or delivered, or caused to be planted, hidden, 
                concealed, mailed, or delivered, and the defendant knew 
                that the actions of the defendant would create a great 
                risk of death to human life;
                    ``(G) the offense was committed for the purpose of 
                avoiding or preventing an arrest or effecting an escape 
                from custody;
                    ``(H) the victim was a current or former judge or 
                judicial officer of any civilian, military, or tribal 
                court of record in the United States or the territories 
                of the United States, a law enforcement officer or 
                official, and the murder was intentionally carried out 
                in retaliation for, or to prevent the performance of, 
                the official duties of the victim;
                    ``(I) the defendant has been convicted of more than 
                one offense of murder in the first or second degree 
                either in the proceeding at bar or as the result of any 
                prior proceeding;
                    ``(J) the victim was a witness or a relative of a 
                witness--
                            ``(i) to a crime who was intentionally 
                        killed for the purpose of preventing the 
                        testimony of any person in any judicial or 
                        administrative proceeding, and the killing was 
                        not committed during the commission or 
                        attempted commission of the crime to which the 
                        testimony would be relevant; or
                            ``(ii) in a judicial or administrative 
                        proceeding and was intentionally killed in 
                        retaliation for the testimony of any person in 
                        such proceeding;
                    ``(K) the victim was an elected or appointed 
                official or former official of the Federal, State, 
                local, or tribal government, or a relative of such an 
                official, and the killing was intentionally carried out 
                in retaliation for, or to prevent the performance of, 
                the official duties of the victim;
                    ``(L) the defendant intentionally killed the victim 
                while lying in wait;
                    ``(M) the victim was intentionally killed because 
                of the race, color, gender, religion, nationality, or 
                country of origin of the victim;
                    ``(N) the victim was a juror in any court of record 
                in the Federal, State, or local system in any State or 
                judicial district, and the murder was intentionally 
                carried out in retaliation for, or to prevent the 
                performance of the official duties of the victim;
                    ``(O) the murder was intentional and was 
                perpetrated by means of discharging a firearm from a 
                motor vehicle, whether or not the motor vehicle was 
                moving, intentionally at another person or persons 
                outside the vehicle;
                    ``(P) the murder was committed against a person who 
                was held or otherwise detained as a shield or hostage;
                    ``(Q) the murder was committed against a person who 
                was held or detained by the defendant for ransom or 
                reward;
                    ``(R) the defendant caused or directed another to 
                commit murder or committed murder as an agent or 
                employee of another person;
                    ``(S) the victim was pregnant;
                    ``(T) the victim was handicapped or severely 
                disabled;
                    ``(U) the victim was a child 16 years of age or 
                younger;
                    ``(V) at the time of the killing, the victim, or a 
                relative of the victim, was or had been a 
                nongovernmental informant or had otherwise provided any 
                investigative, law enforcement, or police agency with 
                information concerning criminal activity, and the 
                killing was in retaliation for the activities of any 
                person as a nongovernmental informant or in providing 
                information concerning criminal activity to an 
                investigative, law enforcement, or police agency;
                    ``(W) the murder was committed for the purpose of 
                interfering with the free exercise or enjoyment by the 
                victim of any right, privilege, or immunity protected 
                by the first amendment to the Constitution of the 
                United States or because the victim exercised or 
                enjoyed said right; and
                    ``(X) the victim was employed in a jail, 
                correctional facility, or halfway house, and was 
                murdered while in the lawful performance of the duties 
                of the victim or in retaliation for the lawful 
                performance of the duties of the victim.''.

SEC. 542. MURDER OF WITNESS AS AGGRAVATING FACTOR.

    Section 3592(c)(1) of title 18, United States Code, is amended by 
inserting ``section 1512 (witness tampering), section 1513 (retaliation 
against witness),'' after ``(hostage taking),''.

SEC. 543. DEATH PENALTY FOR MURDERS COMMITTED IN THE DISTRICT OF 
              COLUMBIA.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Capital punishment for murders in the District of Columbia
    ``(a) Offense.--It shall be unlawful to cause the death of a person 
intentionally, knowingly, or through recklessness manifesting extreme 
indifference to human life, or to cause the death of a person through 
the intentional infliction of serious bodily injury.
    ``(b) Federal Jurisdiction.--There is Federal jurisdiction over an 
offense described in this section if the conduct resulting in death or 
the death occurs in the District of Columbia.
    ``(c) Penalty.--An offense described in this section is a class A 
felony. A sentence of death may be imposed for an offense described in 
this section as provided in this section. Sections 3591 and 3592 of 
this title shall apply in relation to capital sentencing for an offense 
described in this section.
    ``(d) Definitions.--In this section--
            ``(1) the term `State' has the meaning stated in section 
        513; and
            ``(2) the term `offense', as used in paragraphs (2), (5), 
        and (13) of subsection (e), and in paragraph (5) of this 
        subsection, means an offense under the law of a state or the 
        United States.
    ``(e) Other Charges.--If an offense is charged under this section, 
the government may join any charge under the District of Columbia Code 
that arises from the same incident.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1123. Capital punishment for murders in the District of Columbia.''.

   TITLE VI--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF 
                     METHAMPHETAMINE AND PRECURSORS

SEC. 601. TRAFFICKING IN METHAMPHETAMINE PENALTY INCREASES.

    (a) Controlled Substances Act.--
            (1) Large amounts.--Section 401(b)(1)(A)(viii) of the 
        Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(viii)) is 
        amended by--
                    (A) striking ``100 grams or more of 
                methamphetamine,'' and inserting ``50 grams or more of 
                methamphetamine,''; and
                    (B) striking ``1 kilogram or more of a mixture or 
                substance containing a detectable amount of 
                methamphetamine'' and inserting ``500 grams or more of 
                a mixture or substance containing a detectable amount 
                of methamphetamine''.
            (2) Smaller amounts.--Section 401(b)(1)(B)(viii) of the 
        Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(viii)) is 
        amended by--
                    (A) striking ``10 grams or more of 
                methamphetamine,'' and inserting ``5 grams or more of 
                methamphetamine,''; and
                    (B) striking ``100 grams or more of a mixture or 
                substance containing a detectable amount of 
                methamphetamine'' and inserting ``50 grams or more of a 
                mixture or substance containing a detectable amount of 
                methamphetamine''.
    (b) Import and Export Act.--
            (1) Large amounts.--Section 1010(b)(1)(H) of the Controlled 
        Substances Import and Export Act (21 U.S.C. 960(b)(1)(H)) is 
        amended by--
                    (A) striking ``100 grams or more of 
                methamphetamine,'' and inserting ``50 grams or more of 
                methamphetamine,''; and
                    (B) striking ``1 kilogram or more of a mixture or 
                substance containing a detectable amount of 
                methamphetamine'' and inserting ``500 grams or more of 
                a mixture or substance containing a detectable amount 
                of methamphetamine''.
            (2) Smaller amounts.--Section 1010(b)(2)(H) of the 
        Controlled Substances Import and Export Act (21 
        U.S.C.960(b)(2)(H)) is amended by--
                    (A) striking ``10 grams or more of 
                methamphetamine,'' and inserting ``5 grams or more of 
                methamphetamine,''; and
                    (B) striking ``100 grams or more of a mixture or 
                substance containing a detectable amount of 
                methamphetamine'' and inserting ``50 grams or more of a 
                mixture or substance containing a detectable amount of 
                methamphetamine''.

SEC. 602. SENTENCING FOR VIOLATIONS INVOLVING COCAINE POWDER.

    (a) Amendment of Controlled Substances Act.--
            (1) Large quantities.--Section 401(b)(1)(A)(ii) of the 
        Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(ii)) is 
        amended by striking ``5 kilograms'' and inserting ``1 
        kilogram''.
            (2) Small quantities.--Section 401(b)(1)(B)(ii) of the 
        Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(ii)) is 
        amended by striking ``500 grams'' and inserting ``100 grams''.
    (b) Amendment of Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall promulgate guidelines or amend existing guidelines to reflect the 
amendment made by subsection (a).

SEC. 603. IMPLEMENTATION OF A SENTENCE OF DEATH.

    (a) In General.--Section 3596(a) of title 18, United States Code, 
is amended--
            (1) by striking ``pursuant to this chapter''; and
            (2) in the second sentence, by striking ``in the manner'' 
        and all that follows through the end of the subsection and 
        inserting ``pursuant to regulations promulgated by the Attorney 
        General.''.
    (b) Regulations.--Not later than 6 months after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations to provide for the implementation of a sentence of death 
under section 3596 of title 18, United State Code.
    (c) In General.--Section 3597 of title 18, United States Code, is 
amended--
            (1) by striking the section designation and the section 
        heading and inserting the following:
``Sec. 3597. Use of facilities and employees'';
            (2) by striking subsection (a) and inserting the following:
    ``(a) In General.--A United States marshal charged with supervising 
the implementation of a sentence of death shall use appropriate Federal 
facilities for that purpose.''; and
            (3) in subsection (b), by striking ``any State department 
        of corrections,''.
    (d) Technical Amendment.--The chapter analysis for chapter 228 of 
title 18, United States Code, is amended by striking item relating to 
section 3597 and inserting the following:

``3597. Use of facilities and employees.''.

SEC. 604. LIMITATION ON DRUG ENFORCEMENT ADMINISTRATOR TENURE.

    (a) In General.--The term of office of the Administrator of the 
Drug Enforcement Agency (as established by section 5(a) of the 
Reorganization Plan No. 2 of 1973 (5 U.S.C. App.)) shall be for not 
more than a single 10-year period.
    (b) Applicability.--This section does not apply to the individual 
who is serving as the Administrator of the Drug Enforcement Agency on 
the date of enactment of this Act, unless that individual is 
reappointed to the position on or after the date of enactment of this 
Act.

SEC. 605. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              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, 
                        under Federal or State law, that, if committed 
                        by an adult, would be an offense described in 
                        clause (i) or (ii).''.

SEC. 606. MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS WHO USE MINORS 
              IN DRUG TRAFFICKING ACTIVITIES OR SELL DRUGS TO MINORS.

    (a) Employment of Persons Under 18 Years of Age.--Section 420 of 
the Controlled Substances Act (21 U.S.C. 861) is amended--
            (1) in subsection (b), by striking the second sentence and 
        inserting the following: ``Except to the extent that a greater 
        minimum sentence is otherwise provided, a term of imprisonment 
        of a person 21 or more years of age convicted under this 
        subsection shall be not less than 10 years, and a term of 
        imprisonment of a person between the ages of 18 and 21 
        convicted under this subsection shall be not less than 3 years. 
        Notwithstanding any other provision of law, the court shall not 
        place on probation or suspend the sentence of any person 
        sentenced under the preceding sentence.''; and
            (2) in subsection (c)--
                    (A) by striking ``one year'' and inserting ``6 
                years'';
                    (B) by inserting after the second sentence the 
                following: ``Except to the extent that a greater 
                minimum sentence is otherwise provided, a term of 
                imprisonment of a person 21 or more years of age 
                convicted under this subsection shall be a mandatory 
                term of life imprisonment. Notwithstanding any other 
                provision of law, the court shall not place on 
                probation or suspend the sentence of any person 
                sentenced under the preceding sentence.''; and
                    (C) in the third sentence, by striking 
                ``Penalties'' and inserting: ``Except to the extent 
                that a greater minimum sentence is otherwise provided, 
                penalties''.
    (b) Mandatory Minimum Prison Sentences for Persons Convicted of 
Distribution of Drugs to Minors.--
            (1) In general.--Section 418 of the Controlled Substances 
        Act (21 U.S.C. 859) is amended--
                    (A) in subsection (a)
                            (i) by striking ``at least eighteen'' and 
                        inserting ``not less than 21'';
                            (ii) by striking ``twenty-one'' and 
                        inserting ``18'';
                            (iii) by striking ``not less than one 
                        year'' and inserting ``not less than 10 
                        years''; and
                            (iv) by striking the last sentence;
                    (B) in subsection (b)--
                            (i) by striking ``at least eighteen'' and 
                        inserting ``not less than 21'';
                            (ii) by striking ``twenty-one'' and 
                        inserting ``18'';
                            (iii) by striking ``not less than one 
                        year'' and inserting ``a mandatory term of life 
                        imprisonment''; and
                            (iv) by striking the last sentence; and
                    (C) in the section heading, by striking ``twenty-
                one'' and inserting ``18''.
            (2) Technical amendment.--The table of contents for the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 is 
        amended in the item relating to section 418 by striking 
        ``twenty-one'' and inserting ``18''.
    (c) Penalties for Drug Offenses in Drug-Free Zones.--
            (1) Increased penalties.--Section 419 of the Controlled 
        Substances Act (21 U.S.C. 860) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``not less than one year'' 
                        and inserting ``not less than 5 years''; and
                            (ii) by striking the last sentence;
                    (B) in subsection (b), by striking ``not less than 
                three years'' and inserting ``not less than 10 years''; 
                and
                    (C) by redesignating subsections (c), (d), and (e) 
                as subsections (d), (e), and (f), respectively.

SEC. 607. PENALTY INCREASES FOR TRAFFICKING IN LISTED CHEMICALS.

    (a) Controlled Substances Act.--Section 401(d) of the Controlled 
Substances Act (21 U.S.C. 841(d)) is amended by inserting before the 
period at the end the following: ``or, with respect to a violation of 
paragraph (1) or (2) of this subsection involving a list I chemical, if 
the government proves the quantity of controlled substance that could 
reasonably have been manufactured in a clandestine setting using the 
quantity of list I chemicals possessed or distributed, the penalty 
corresponding to the quantity of controlled substance that could have 
been produced under subsection (b)''.
    (b) Controlled Substance Import and Export Act.--Section 1010(d) of 
the Controlled Substances Import and Export Act (21 U.S.C. 960(d)) is 
amended by inserting before the period at the end the following: ``, 
or, with respect to an importation violation of paragraph (1) or (3) of 
this subsection involving a list I chemical, if the government proves 
the quality of controlled substance that could reasonably have been 
manufactured in a clandestine setting using the quantity of list I 
chemicals imported, the penalty corresponding to the quantity of 
controlled substance that could have been produced under title II''.
    (c) Determination of Quantity.--
            (1) In general.--For the purpose of this section and the 
        amendments made by this section, the quantity of controlled 
        substance that could reasonably have been provided shall be 
        determined by using a table of manufacturing conversion ratios 
        for list I chemicals.
            (2) Table.--The table described in paragraph (1) shall be--
                    (A) established by the United States Sentencing 
                Commission based on scientific, law enforcement, and 
                other data the Sentencing Commission determines to be 
                appropriate; and
                    (B) dispositive of this issue.

        TITLE VII--COMBATING VIOLENCE AGAINST WOMEN AND CHILDREN

                      Subtitle A--General Reforms

SEC. 701. PARTICIPATION OF RELIGIOUS ORGANIZATIONS IN VIOLENCE AGAINST 
              WOMEN ACT PROGRAMS.

    Notwithstanding any other provision of law, religious organizations 
shall be eligible to participate in any grant program authorized 
pursuant to the Violence Against Women Act of 1994 (Title IV of Public 
Law 103-322) which allow for the participation of nongovernmental 
entities, programs, or agencies, or any private organizations. No 
Federal or State governmental agency receiving funds under any such 
program shall discriminate against an organization on the basis that 
the organization has a religious character. Nothing in this section 
shall be construed to preempt any provision of a State constitution or 
State statute that prohibits or restricts the expenditure of State 
funds in or by religious organizations.

SEC. 702. DOMESTIC VIOLENCE ARREST GRANTS.

    Paragraph (20) of section 1001(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended by striking ``fiscal 
year 1998'' and inserting ``for each of the fiscal years 1998 and 
1999''.

SEC. 703. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
              ASSISTANCE.

    Section 13971(c) of title 42 United States Code is amended by 
striking ``fiscal year 1998'' and inserting ``for each of the fiscal 
years, 1998 and 1999.''

SEC. 704. RUNAWAY, HOMELESS, AND STREET YOUTH ASSISTANCE GRANTS.

    Section 319(c)(3) of part A of the Runaway and Homeless Youth Act 
(42 U.S.C. 5711 et seq.) is amended by striking ``fiscal year 1998'' 
and inserting ``for each of the fiscal years 1998 and 1999''.

                     Subtitle B--Domestic Violence

SEC. 711. DEATH PENALTY FOR FATAL INTERSTATE DOMESTIC VIOLENCE 
              OFFENSES.

    Sections 2261(b)(1) and 2262(b)(1) of title 18, United States Code, 
are each amended by inserting ``or may be sentenced to death,'' after 
``years,''.

SEC. 712. DEATH PENALTY FOR FATAL INTERSTATE VIOLATIONS OF PROTECTIVE 
              ORDERS.

    Section 2262 of title 18, United States Code, is amended by 
inserting ``or may be sentenced to death,'' after ``years,''.

SEC. 713. EVIDENCE OF DISPOSITION OF DEFENDANT TOWARD VICTIM IN 
              DOMESTIC VIOLENCE CASES AND OTHER CASES.

    Rule 404(b) of the Federal Rules of Evidence is amended by striking 
``or absence of mistake or accident'' and inserting ``absence of 
mistake or accident, or a disposition toward a particular 
individual,''.

SEC. 714. HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2249. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pretrial Release Determination.--
            ``(1) In general.--In a case in which a person is charged 
        with an offense under this chapter, upon request of the victim, 
        a judicial officer issuing an order pursuant to section 3142(a) 
        shall include in the order a requirement that a test for the 
human immunodeficiency virus be performed upon the person, and that 
followup tests for the virus be performed 6 months and 12 months 
following the date of the initial test, unless the judicial officer 
determines that the conduct of the person created no risk of 
transmission of the virus to the victim, and so states in the order.
            ``(2) Timing.--The order shall direct that the initial test 
        be performed within 24 hours, or as soon thereafter as 
        feasible.
            ``(3) No release from custody.--Any person upon whom a test 
        is performed under this section--
                    ``(A) shall not be released from custody until the 
                test is performed; and
                    ``(B) unless indigent, shall be responsible for 
                paying for the test at the time the test is performed.
    ``(b) Testing at Later Time.--
            ``(1) In general.--If a person charged with an offense 
        under this chapter was not tested for the human 
        immunodeficiency virus pursuant to subsection (a), the court 
        may at a later time direct that such a test be performed upon 
        the person, and that followup tests be performed 6 months and 
        12 months following the date of the initial test, if it appears 
        to the court that the conduct of the person may have risked 
        transmission of the virus to the victim.
            ``(2) Timing.--A testing requirement under this subsection 
        may be imposed at any time while the charge is pending, or 
        following conviction at any time prior to the completion of 
        service of the sentence by the person.
    ``(c) Termination of Testing Requirement.--A requirement of 
followup testing imposed under this section shall be canceled if any 
test is positive for the virus or the person obtains an acquittal on, 
or dismissal of, all charges under this chapter.
    ``(d) Disclosure of Test Results.--
            ``(1) In general.--The results of any test for the human 
        immunodeficiency virus performed pursuant to an order under 
        this section shall be provided to the judicial officer or 
        court.
            ``(2) Disclosure to victim.--The judicial officer or court 
        shall ensure that the results are disclosed to the victim (or 
        to the parent or legal guardian of the victim, as appropriate), 
        the attorney for the government, and the person tested.
            ``(3) Applicability of other law.--Test results disclosed 
        pursuant to this subsection shall be subject to paragraphs (5) 
        through (7) of section 40503(b) of the Violent Crime Control 
        Act of 1994 (42 U.S.C. 14011(b)).
            ``(4) Counseling.--Any test result of the defendant given 
        to the victim or the defendant must be accompanied by 
        appropriate counseling, unless the recipient does not wish to 
        receive such counseling.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend the Federal sentencing guidelines for sentences for 
offenses under this chapter to enhance the sentence if the offender 
knew or had reason to know that the offender was infected with the 
human immunodeficiency virus, except if the offender did not engage or 
attempt to engage in conduct creating a risk of transmission of the 
virus to the victim.''.
    (b) Technical Amendment.--The chapter analysis for chapter 109A of 
title 18, United States Code, is amended by inserting at the end the 
following:

``2249. Testing for human immunodeficiency virus; disclosure of test 
                            results to victim; effect on penalty.''.
    (c) Amendments to Testing Provisions.--Section 40503(b) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14011(b)) is amended--
            (1) by striking the subsection heading and inserting the 
        following:
    ``(b) Testing of Defendants.--'';
            (2) in paragraph (1)--
                    (A) by inserting ``, or the Government in such a 
                case,'' after ``subsection (a)'';
                    (B) by inserting ``(or to the parent or legal 
                guardian of the victim, as appropriate)'' after 
                ``communicated to the victim''; and
                    (C) by inserting ``, unless the recipient does not 
                wish to receive such counseling'' after ``counseling''; 
                and
            (3) in paragraph (2)--
                    (A) by striking ``to obtain an order under 
                paragraph (1), the victim must demonstrate that'' and 
                inserting ``the victim or the Government may obtain an 
                order under paragraph (1) by showing that'';
                    (B) in subparagraph (A)--
                            (i) by striking ``the offense'' and 
                        inserting ``a sexual assault involving alleged 
                        conduct that poses a risk of transmission of 
                        the etiologic agent for acquired immune 
                        deficiency syndrome''; and
                            (ii) by inserting ``and'' after the 
                        semicolon;
                    (C) in subparagraph (B), by striking ``after 
                appropriate counseling; and'' and inserting a period; 
                and
                    (D) by striking subparagraph (C).

                TITLE VIII--VIOLENT CRIME AND TERRORISM

                Subtitle A--Violent Crime and Terrorism

SEC. 801. AMENDMENTS TO ANTITERRORISM STATUTES.

    (a) Explosive Materials.--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,''; and
    (b) Biological Weapons.--
            (1) In general.--Section 178 of title 18, United States 
        Code, is amended--
                    (A) in paragraph (1), by 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 ``means any microorganism (including 
                bacteria, viruses, fungi, rickettsiae or protozoa), or 
                infectious substance, or any naturally occurring, 
                bioengineered or synthesized component of any such 
                microorganism or infectious substance'';
                    (B) in paragraph (2), by 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 ``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
                    (C) in paragraph (4), by striking ``recombinant 
                molecule, or biological product that may be engineered 
                as a result of biotechnology'' and inserting 
                ``recombinant or synthesized molecule''.
            (2) Use of weapons of mass destruction.--Section 2332a of 
        title 18, United States Code, is amended--
                    (A) in subsection (a), by striking ``, including 
                any biological agent, toxin, or vector (as those terms 
                are defined in section 178)''; and
                    (B) in subsection (b)(2)(C), by striking ``disease 
                organism'' and inserting ``any biological agent, toxin, 
                or vector (as those terms are defined in section 
                178)''.

SEC. 802. KIDNAPPING; DEATH OF VICTIM BEFORE CROSSING STATE LINE AS NOT 
              DEFEATING PROSECUTION, AND OTHER CHANGES.

    Section 1201(a) of title 18, United States Code, is amended--
            (1) in paragraph (4), by striking ``or'' at the end; and
            (2) by adding at the end 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. 803. EXPANSION OF SECTION 1959 OF TITLE 18 TO COVER COMMISSION OF 
              ALL VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY AND 
              INCREASED PENALTIES.

    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 against'';
            (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 ``ten'' and inserting 
        ``twenty'';
            (4) in paragraph (6) by striking ``or'' before ``assault 
        resulting in serious bodily injury,'', by inserting ``or any 
        other crime of violence'' after those same words, and by 
        striking ``three'' and inserting ``ten''; and
            (5) by inserting ``(as defined in section 1365 of this 
        title)'' after ``serious bodily injury'' the first place it 
        appears.

SEC. 804. CONFORMING AMENDMENT TO CONSPIRACY PENALTY.

    (a) Firearms.--Section 924 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(o) Except as otherwise provided in this section, a person who 
conspires to commit any offense defined in this chapter shall be 
subject to the same penalties (including the penalty of death) as those 
prescribed for the offense the commission of which was the object of 
the conspiracy.''.
    (b) Explosives.--Section 844(n) of title 18, United States Code, is 
amended by striking ``other than'' and inserting ``including''.

SEC. 805. INCLUSION OF CERTAIN ADDITIONAL SERIOUS DRUG OFFENSES AS 
              ARMED CAREER CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(A)(ii) of title 18, United States Code, is 
amended by inserting before the semicolon the following: ``or which, if 
it had been prosecuted as a violation of the Controlled Substances Act 
(21 U.S.C. 801 et seq.) at the time of the offense and because of the 
type and quantity of the controlled substance involved, would have been 
punishable by a maximum term of imprisonment of 10 years or more''.

SEC. 806. INCREASED PENALTIES FOR VIOLENCE IN THE COURSE OF RIOT 
              OFFENSES.

    Section 2101(a) of title 18, United States Code, is amended by 
striking ``Shall be fined under this title, or imprisoned not more than 
five years, or both'' and inserting ``Shall be fined under this title 
or (i) if death results from such act, be imprisoned for any term of 
years or for life, or both, or may be sentenced to death; (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. 807. ELIMINATION OF UNJUSTIFIED SCIENTER ELEMENT FOR CARJACKING.

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

SEC. 808. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY 
              PERSONS ACCOMPANYING THE ARMED FORCES.

    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 one 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 of 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 Secretary of Defense may designate and authorize any 
person serving in a law enforcement position in the Department of 
Defense to arrest outside the United States any person described in 
subsection (a) 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) 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) such person has had charges preferred against him 
        under chapter 47 of title 10 for such conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) In General.--Any person designated and authorized under 
section 3261(d) may deliver a person described in section 3261(a) to 
the appropriate authorities of a foreign country in which such person 
is alleged to have engaged in conduct described in such subsection (a) 
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) Determination of Appropriate Authorities.--The Secretary of 
Defense shall determine what officials of a foreign country constitute 
appropriate authorities for the purpose of this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense 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
    ``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; and
            ``(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;
                    ``(B) is a dependent of a civilian employee of a 
                military department or of the Department of Defense;
                    ``(C) is residing with the member or civilian 
                employee outside the United States; and
                    ``(D) is not a national of the host nation.''.

SEC. 809. 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. 810. PENALTY ENHANCEMENT FOR CERTAIN OFFENSES RESULTING IN DEATH.

    (a) Mailmen.--Section 2114 of title 18, United States Code, is 
amended--
            (1) by designating the existing matter as subsection (a); 
        and
            (2) by adding a new subsection (b) as follows:
    ``(b) Whoever, in committing an offense described in this section, 
or in avoiding or attempting to avoid apprehension for the commission 
of such offense, kills any person shall be punished by death or by 
imprisonment for life.''.
    (b) Controlled Substances.--Section 2118(c)(2) of title 18, United 
States Code, is amended by striking all after ``kills any person'' and 
inserting ``shall be punished by death or by imprisonment for life.''.
    (c) Interstate Domestic Violence.--Sections 2261(b)(1) and 
2262(b)(1) of title 18, United States Code, are each amended by 
inserting before the semicolon ``, and may be sentenced to death''.
    (d) Animal Enterprise Terrorism.--Section 43(b)(2) of title l8, 
United States Code, is amended by inserting ``or may be sentenced to 
death'' after ``imprisoned for life or for any term of years''.
    (e) Racketeering.--Section 1952(a)(3)(B) of title 18, United States 
Code, is amended by inserting ``or may be sentenced to death'' after 
``imprisoned for any term of years or for life''.

SEC. 811. 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''.

                   Subtitle B--Courts and Sentencing

SEC. 821. ALLOWING A REDUCTION OF SENTENCE FOR PROVIDING USEFUL 
              INVESTIGATIVE INFORMATION ALTHOUGH NOT REGARDING A 
              PARTICULAR INDIVIDUAL.

    Section 3553(e) of title 18, United States Code, section 994(n) of 
title 28, United States Code, and Rule 35(b) of the Federal Rules of 
Criminal Procedure are each 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. 822. 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. 823. ELIMINATION OF OUTMODED CERTIFICATION REQUIREMENT.

    Section 3731 of title 18, United States Code, is amended in the 
second paragraph by striking ``, if the United States attorney 
certifies to the district court that the appeal is not taken for 
purpose of delay and that the evidence is a substantial proof of a fact 
material in the proceeding''.

SEC. 824. 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''.

SEC. 825. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

    Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) is amended in each of subparagraphs (A), (B), (C), and (D), 
by striking ``Any sentence'' and inserting ``Notwithstanding section 
3583 of title 18, United States Code, any sentence''.

SEC. 826. 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. 827. TECHNICAL CORRECTION TO ASSURE COMPLIANCE OF SENTENCING 
              GUIDELINES WITH PROVISIONS OF ALL FEDERAL 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''.

                     Subtitle C--White Collar Crime

SEC. 841. 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. 842. 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. 843. THEFT OF VESSELS.

    (a) Definitions.--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, 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''.

SEC. 844. 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) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) the Controlled Substances Act, the 
                        Controlled Substances Import and Export Act, or 
                        section 6050I of the Internal Revenue Code of 
                        1986.''.

SEC. 845. INJUNCTIONS AGAINST COUNTERFEITING AND FORGERY.

    (a) In General.--Chapter 25 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 514. Injunctions against counterfeiting and forgery
    ``(a)(1) If a person is violating or about to violate any provision 
of this chapter, the Attorney General may commence a civil action in 
any Federal court to enjoin such violation.
    ``(2) A permanent or temporary injunction or restraining order 
shall be granted without bond.
    ``(b) The court shall proceed as soon as practicable to the hearing 
and determination of such an action, and may, at any time before final 
determination, enter such a restraining order or prohibition, or take 
such other action as is warranted in its discretion. A proceeding under 
this section is governed by the Federal Rules of Civil Procedure, 
except that, if an indictment has been returned against the respondent, 
discovery is governed by the Federal Rules of Criminal Procedure.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 25 of 
title 18, United States Code, is amended by adding at the end the 
following:

``514. Injunctions against counterfeiting and forgery.''.

                  Subtitle D--Miscellaneous Provisions

SEC. 861. INCREASED MAXIMUM PENALTY FOR CERTAIN RICO VIOLATIONS.

    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)'' and inserting ``or imprisoned not 
more than the greater of 20 years or the statutory maximum term of 
imprisonment (including life) applicable to a racketeering activity on 
which the violation is based''.

SEC. 862. CLARIFICATION OF INAPPLICABILITY TO CERTAIN DISCLOSURES.

    Section 2515 of title 18, United States Code, is amended by adding 
at the end the following: ``This section does not apply to the 
disclosure by the United States, a State, or political subdivision in a 
criminal trial or hearing or before a grand jury of the contents of a 
wire or oral communication, or evidence derived therefrom, the 
interception of which was in violation of section 2511(2)(d) (relating 
to certain interceptions not involving governmental misconduct).''.

SEC. 863. CONFORMING AMENDMENTS RELATING TO SUPERVISED RELEASE.

    (a) Sections 1512(a)(1)(C), 1512(b)(3), 1512(c)(2), 1513(a)(1)(B), 
and 1513(b)(2) of title 18, United States Code, 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) Section 3142 of title 18, United States Code, is amended--
            (1) in subsection (d)(1), by inserting ``, supervised 
        release,'' ``probation''; and
            (2) in subsection (g)(3), by inserting ``or supervised 
        release'' after ``probation''.

SEC. 864. ADDITION OF CERTAIN OFFENSES AS MONEY LAUNDERING PREDICATES.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``or section 2339B (relating to providing material support 
to designated foreign terrorist organizations)'' before ``of this 
title''.

SEC. 865. CLARIFICATION OF JURISDICTIONAL BASE INVOLVING THE MAIL.

    Section 2422(b) of title 18, United States Code, is amended--
            (1) by inserting ``the mail'' after ``using''; and
            (2) by striking ``including the mail,''.

SEC. 866. 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. 867. 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. 868. CLARIFYING AMENDMENT TO SECTION 704.

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

                        TITLE IX--PRISON REFORM

                  Subtitle A--Prison Litigation Reform

SEC. 901. AMENDMENT TO THE PRISON LITIGATION REFORM ACT.

    Section 801 of the Prison Litigation Reform Act of 1995 is amended 
by striking ``1995'' and inserting ``1996''.

SEC. 902. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    Section 3626 of title 18, United States Code is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)(i), by striking ``permits'' 
                and inserting ``requires''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``no 
                        prisoner release order shall be entered 
                        unless--'' and inserting ``no court shall enter 
                        a prisoner release order unless--'';
                            (ii) in subparagraph (B), by--
                                    (I) striking ``(B) In'' and 
                                inserting ``(B)(i) In''; and
                                    (II) striking ``title 28 if the 
                                requirements of subparagraph (E) have 
                                been met'' and inserting ``title 28'';
                            (iii) by redesignating subparagraph (C) as 
                        clause (ii);
                            (iv) by redesignating subparagraph (D) as 
                        clause (iii);
                            (v) in subparagraph (E), by striking ``The 
                        three-judge court shall enter a prisoner 
                        release order only if'' and inserting ``In any 
                        civil action with respect to prison conditions, 
                        no court shall enter a prisoner release order 
                        unless the requirements of subparagraph (A) 
                        have been met and'';
                            (vi) by redesignating subparagraph (E) as 
                        subparagraph (B) and redesignating current 
                        subparagraph (B) as subparagraph (C) and 
                        current subparagraph (F) as subparagraph (D); 
                        and
                            (vii) in subparagraph (D), as redesignated, 
                        by striking ``program'' and inserting 
                        ``prison'';
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``the court makes 
                written findings based on the record that prospective 
                relief remains necessary to correct a current or 
                ongoing violation of the Federal right, extends no 
                further than necessary to correct the violation of the 
                Federal right, and that the prospective relief is 
                narrowly drawn and the least intrusive means to correct 
                the violation'' and inserting ``the plaintiff 
                establishes by a preponderance of the evidence and the 
                court makes written findings based on the record that 
                there is a current and ongoing violation of a Federal 
                right, that prospective relief remains necessary to 
                correct the current and ongoing violation of that 
                Federal right, and that the relief extends no further 
                than necessary to correct the current and ongoing 
                violation of the Federal right, is narrowly drawn, and 
                is the least intrusive means to correct the current and 
                ongoing violation of the Federal right''; and
                    (B) by striking ``or (2)'' in paragraph 5, as 
                redesignated;
            (3) in subsection (e)--
                    (A) in paragraph (2), by striking ``Any prospective 
                relief subject to a pending motion shall be 
                automatically stayed during the period--'' and 
                inserting ``Any motion to modify or terminate 
                prospective relief made under subsection (b) shall 
                operate as a stay during the period--'' ; and
                    (B) by adding the following:
            ``(3) Order refusing to impose stay.--Any order staying or 
        suspending the operation of the automatic stay described in 
        paragraph (2) shall be treated as an order refusing to dissolve 
        or modify an injunction and shall be appealable pursuant to 
        section 1292(a)(1) of title 28, United States Code, regardless 
        of how the order is styled and whether it is termed a 
        preliminary or a final ruling.
            ``(4) Intervention.--The court shall rule within 30 days on 
        any motion to intervene as of right under subsection (a)(3)(D). 
        Mandamus shall lie to remedy any failure to act on such a 
        motion. Any State or local official or unit of government 
        seeking to intervene as of right pursuant to subsection 
        (a)(3)(D) may simultaneously file a motion to modify or 
        terminate a prisoner release order. If the motion to intervene 
        has not been denied by the 30th day after the motion to modify 
        or terminate has been filed, in the case of a motion made under 
        paragraph (1) or (2), or by the 180th day after the motion to 
        modify or terminate has been filed, in the case of a motion 
        made pursuant to any other law, the motion to modify or 
        terminate shall operate as a stay of the prospective relief 
        pursuant to the provisions of paragraph (2) beginning on the 
        30th or 180th day, respectively, and ending either on the date 
        the court enters a final order denying the motion to intervene, 
        or, if the court grants the motion to intervene, on the date 
        that the court enters a final order ruling on the motion to 
        terminate or modify the relief.'';
            (4) in subsection (f)--
                    (A) after ``Special Masters'' by inserting ``In any 
                civil action in a federal court with respect to prison 
                conditions'';
                    (B) In paragraph (1)(A), by striking from ``In any 
                civil action'' through ``prison conditions, the'' and 
                inserting ``The'';
                    (C) in paragraphs (1)(B) and (3), by striking 
                ``under this subsection'';
                    (D) in paragraph (4), by striking ``under this 
                section'';
                    (E) in paragraph (6), by striking ``appointed under 
                this subsection'';
                    (F) in paragraph (2)(A), by striking 
                ``institution'';
                    (G) in paragraph (2), by adding at the end the 
                following:
                    ``(D) The requirements of this paragraph shall 
                apply only to special masters appointed after the date 
                of enactment of the Prison Litigation Reform Act of 
                1995.'';
                    (H) in paragraph (4), by adding at the end the 
                following: ``In no event shall the court require the 
                parties to pay the compensation, expenses or costs of 
                the special master.'';
                    (I) in paragraph (5), by striking from ``In any 
                civil action'' through ``subsection, the'' and 
                inserting ``The''; and
                    (J) in paragraph (6)--
                            (i) in subparagraph (A), by striking 
                        ``hearings'' and inserting ``hearings on the 
                        record''; and by striking ``and prepare 
                        proposed findings of fact, which shall be made 
                        on the record'' and inserting ``, and shall 
                        make any findings based on the record as a 
                        whole'';
                            (ii) in subparagraph (B), by adding ``and'' 
                        at the end;
                            (iii) by striking subparagraph (C); and
                            (iv) by redesignating subparagraph (D) as 
                        subparagraph (C); and
            (5) in subsection (g)--
                    (A) in paragraph (1), by striking ``settlements'' 
                and inserting ``settlement agreements'';
                    (B) in paragraph (3)--
                            (i) by inserting ``Federal, State, local, 
                        or other'' before ``facility'';
                            (ii) by striking ``violations'' and 
                        inserting ``a violation'';
                            (iii) by striking ``terms and conditions'' 
                        and inserting ``terms or conditions''; and
                            (iv) by inserting ``or other post-
                        conviction conditional or supervised release,'' 
                        after ``probation,'';
                    (C) in paragraph (5), by striking ``or local 
                facility'' and inserting ``local, or other facility'';
                    (D) in paragraph (8), by striking ``inherent'';
                    (E) in paragraph (9), by striking ``agreements.'' 
                and inserting ``agreements;'';
                    (F) by reversing the order of paragraphs (8) and 
                (9);
                    (G) by inserting at the end of the subsection the 
                following new paragraph:
            ``(10)(A) the term `violation of a Federal right' means a 
        violation of a Federal constitutional or Federal statutory 
        right;
            ``(B) the term `violation of a Federal right' does not 
        include a violation of a court order that is not independently 
        a violation of a Federal statutory or Federal constitutional 
        right;
            ``(C) the term `violation of a Federal right' shall not be 
        interpreted to expand the authority of any individual or class 
        to enforce the legal rights that individual or class may have 
        pursuant to existing law with regard to institutionalized 
        persons, or to expand the authority of the United States to 
        enforce those rights on behalf of any individual or class.''; 
        and
            (H) by renumbering the paragraphs.

SEC. 903. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

    Section 7 of the Civil Rights of Institutionalized Persons Act (42 
U.S.C. 1997e), as amended by section 803(d) of the Prison Litigation 
Reform Act of 1995, is amended--
            (1) by amending the title of the section to read ``Civil 
        Actions with Respect to Prison Conditions'';
            (2) in subsections (a), (c), and (d), by striking ``by a 
        prisoner confined in any jail, prison, or other correctional 
        facility'';
            (3) in subsection (a), by striking ``No action shall be 
        brought with respect to prison conditions'' and inserting ``No 
        civil action with respect to prison conditions shall be 
        brought''; and by striking ``until such administrative remedies 
        as are available are exhausted.'' and inserting in its place 
        ``until the plaintiff has exhausted such administrative 
        remedies as are available.'';
            (4) in subsection (c), by striking ``any action brought 
        with'' and inserting ``any civil action with'';
            (5) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``any action brought by a 
                        prisoner who is'' and inserting ``any civil 
                        action with respect to prison conditions 
                        brought by a plaintiff who is or has been'';
                    (ii) by amending subparagraph (A) to read as 
                follows:
                    ``(A) the fee was directly and reasonably incurred 
                in--
                            ``(i) proving an actual violation of the 
                        plaintiff's Federal rights;
                            ``(ii) successfully obtaining contempt 
                        sanctions for a violation of previously ordered 
                        prospective relief that meets the standards set 
                        forth in section 3626 of title 18, United 
                        States Code, if the plaintiff made a good faith 
                        effort to resolve the matter without court 
                        action; or
                            ``(iii) successfully obtaining court 
                        ordered enforcement of previously ordered 
                        prospective relief that meets the standards set 
                        forth in section 3626 of title 18, United 
                        States Code, if the enforcement order was 
                        necessary to prevent an imminent risk of 
                        serious bodily injury to the plaintiff and the 
                        plaintiff made a good faith attempt to resolve 
                        the matter without court action; and''; and
                            (iii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) the amount of the fee is proportionately 
                related to the court ordered relief for the 
                violation.'';
                    (B) in paragraph (2), by striking the last sentence 
                and inserting ``If a monetary judgment is the sole or 
                principal relief awarded, the award of attorney's fees 
                shall not exceed 100 percent of the judgment.'';
                    (C) in paragraph (3)--
                            (i) by striking ``greater than 150 
                        percent'' and inserting ``greater than the 
                        lesser of--
                    ``(A) 100 percent''; and
                            (ii) by striking ``counsel.'' and inserting 
                        ``counsel; or
                    ``(B) a rate of $100 per hour.''; and
                    (D) in paragraph (4), by striking ``prisoner'' and 
                inserting ``plaintiff'';
            (6) in subsection (e), by striking ``Federal civil action'' 
        and inserting ``civil action arising under Federal law'';
            (7) in subsection (f), by striking ``action brought with 
        respect to prison conditions'' and inserting ``civil action 
        with respect to prison conditions brought'';
            (8) in subsection (g)--
                    (i) by amending the heading to read as follows: 
                ``Waiver of Response'';
                    (ii) by amending paragraph (1) to read as follows:
            ``(1) Any defendant may waive the right to respond to any 
        complaint in any civil action arising under Federal law brought 
        by a prisoner. Notwithstanding any other law or rule of 
        procedure, such waiver shall not constitute an admission of the 
        allegations contained in the complaint or waive any affirmative 
        defense available to the defendant. No relief shall be granted 
        to the plaintiff unless a response has been filed. The court 
        may direct any defendant to file a response.''; and
                    (iii) by striking paragraph (2); and
            (9) by amending subsection (h) to read as follows:
    ``(h) As used in this section, the terms `civil action with respect 
to prison conditions', `prison', and `prisoner' have the meanings given 
those terms in section 3626(g) of title 18, United States Code.''.

SEC. 904. PROCEEDINGS IN FORMA PAUPERIS.

    (a) Section 1915(b)(1)(B) of title 28, United States Code, is 
amended--
            (1) by inserting after ``average'' the following: ``of the 
        highest'';
            (2) by inserting after ``balance'' the following: 
        ``recorded for'';
            (3) by striking ``in''; and
            (4) by striking ``the 6-month period'' and inserting ``each 
        of the 6 months''.
    (b) Section 1915(b)(2) of title 28, United States Code, is 
amended--
            (1) by striking ``forward'' and inserting ``deduct'';
            (2) by striking ``to the clerk of the court''; and
            (3) by adding at the end the following: ``The agency having 
        custody of the prisoner shall forward the deducted payments to 
        clerk of the court either upon deduction or on a monthly basis 
        accompanied by appropriate documentation.''.
    (c) Section 1915(f)(2)(A) of title 28, United States Code, is 
amended by inserting ``provides for or'' before ``includes''.
    (d) Section 1915(f)(2)(B), of title 28, United States Code, is 
amended to add the following sentence at the end: ``If the judgment for 
costs is held by the agency, or the employees of the agency, having 
custody of the prisoner, the agency may withdraw 20 percent of each 
deposit to the prisoner's account and apply that amount to payment of 
the judgment until the judgment is paid in full.''.
    (e) Section 1915(g) of title 28, United States Code, is amended--
            (1) by striking ``is frivolous'' and inserting ``was 
        frivolous''; and
            (2) by striking ``fails'' and inserting ``failed''.
    (f) Section 1915(h) of title 28, United States Code, as added by 
section 804(e) of the Prison Litigation Reform Act of 1995, is 
amended--
            (1) by inserting ``Federal, State, local, or other'' before 
        ``facility'';
            (2) by striking ``violations'' and inserting ``a 
        violation'';
            (3) by striking ``terms and conditions'' and inserting 
        ``terms or conditions''; and
            (4) by inserting ``or other post-conviction conditional or 
        supervised release,'' after ``probation,''.
    (g) Section 1915A of title 28, United States Code, is amended by 
striking ``, before docketing, if feasible or, in any event,''.

SEC. 905. NOTICE TO STATE AUTHORITIES OF MALICIOUS FILING BY PRISONER.

    (a) Amendment.--Chapter 123 of title 28, United States Code, is 
amended--
            (1) by inserting after section 1915A the following new 
        section:
``Sec. 1915B. Notice to state authorities of finding of malicious 
              filing by a prisoner
            ``(1) Finding.--In any civil action brought in Federal 
        court by a prisoner (other than a prisoner confined in a 
        Federal correctional facility), the court may, on its own 
        motion or the motion of any adverse party, make a finding 
        whether--
                    ``(A) the claim was filed for a malicious purpose;
                    ``(B) the claim was filed to harass the party 
                against which it was filed; or
                    ``(C) the claimant testified falsely or otherwise 
                knowingly presented false evidence or information to 
                the court.
            ``(2) The court shall transmit to the State Department of 
        Corrections or other appropriate authority any affirmative 
        finding under paragraph (1). If the court makes such a finding, 
        the Department of Corrections or other appropriate authority 
        may, pursuant to State or local law--
                    ``(A) revoke such amount of good time credit or the 
                institutional equivalent accrued to the prisoner as is 
                deemed appropriate; or
                    ``(B) consider such finding in determining whether 
                the prisoner should be released from prison under any 
                other State or local program governing the release of 
                prisoners, including parole, probation, other post-
                conviction or supervised release, or diversionary 
                program.'';
            (2) by redesignating subsection 1915A(c) as section 1915C, 
        and in that section, as redesignated--
                    (A) by striking ``this section'' and inserting 
                ``sections 1915A and 1915B'';
                    (B) by inserting ``Federal, State, local, or 
                other'' before ``facility'';
                    (C) by striking ``violations'' and inserting ``a 
                violation'';
                    (D) by striking ``terms and conditions'' and 
                inserting ``terms or conditions''; and
                    (E) by inserting ``or other post-conviction 
                conditional or supervised release,'' after 
                ``probation,''; and
            (3) by inserting in the analysis for chapter 123 of title 
        28, United States Code, and as further amended by this Act, 
        after the item relating to section 1915A the following:

``1915B. Notice to state authorities of finding of malicious filing by 
                            a prisoner.
``1915C. Definition.''.

SEC. 906. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING 
              RESTITUTION AWARDS.

    (a) Section 807 of the Prison Litigation Reform Act of 1995 is 
designated as section 1915D(a) of chapter 123 of title 28, United 
States Code.
    (b) That section is amended by striking the word ``compensatory'' 
and the last sentence of that section.
    (c) Section 808 of the Prison Litigation Reform Act of 1995 is 
designated as section 1915D(b) of chapter 123 of title 28, United 
States Code.
    (d) The analysis for chapter 123 of title 28, United States Code, 
is amended by inserting after the item relating to section 1915C the 
following:

``1915D. Payment of damage award in satisfaction of pending restitution 
                            order.''.

SEC. 907. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.

    (a) Section 1932 of title 28, United States Code, is redesignated 
as section 3624A of title 18, United States Code.
    (b) Section 3624A of title 18, United States Code, as redesignated 
by subsection (a) of this section, is amended--
            (1) by striking ``In any'' and inserting ``(a) Finding--In 
        any'';
            (2) by striking ``an adult'' and inserting ``a person'';
            (3) by striking ``order the revocation'' and all that 
        follows through ``finds that--'' and inserting ``, on its own 
        motion or the motion of any adverse party, make a finding 
        whether--'';
            (4) in paragraph (2), by striking ``solely'';
            (5) in paragraph (3)--
                    (A) by striking ``testifies'' and inserting 
                ``testified''; and
                    (B) by striking ``presents'' and inserting 
                ``presented''; and
            (6) by adding at the end the following:
    ``(b) Transmission of Finding.--The court shall transmit to the 
Bureau of Prisons any affirmative finding under subsection (a). If the 
court makes such a finding, the Bureau of Prisons shall revoke an 
amount of unvested good time credit or the institutional equivalent 
accrued to the prisoner pursuant to section 3264 as is deemed 
appropriate by the Director of the Bureau of Prisons.''.
    (c)(1) The analysis for chapter 123 of title 28, United States 
Code, is amended by striking the item relating to section 1932.
    (2) The analysis for chapter 229 of title 18, United States Code, 
is amended by inserting after the item relating to section 3624 the 
following:

``3624A. Revocation of earned release credit.''.

SEC. 908. RELEASE OF PRISONER.

    Section 3624(b) of title 18, United States Code, is amended--
            (1) in paragraph (1), by amending the fifth sentence to 
        read as follows: ``Credit that has not been earned may not 
        later be granted, and credit that has been revoked pursuant to 
        section 3624A may not later be reinstated.''; and
            (2) in paragraph (2), by inserting before the period at the 
        end the following: ``, and may be revoked by the Bureau of 
        Prisons for noncompliance with institutional disciplinary 
        regulations at any time before vesting''.

SEC. 909. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall take 
effect on the date of enactment of this Act, and shall apply to all 
proceedings in all pending cases on the date of enactment of this Act.

                      Subtitle B--Federal Prisons

SEC. 911. PRISON COMMUNICATIONS.

    Section 2522 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Exemption.--
            ``(1) In general.--This chapter and chapter 121 do not 
        apply with respect to the interception by a law enforcement 
        officer of any wire, oral, or electronic communication, or the 
        use of a pen register, a trap and trace device, or a clone 
        pager, if--
                    ``(A) in the case of any wire, oral, or electronic 
                communication, at least one of the parties to the 
                communication is, an inmate or detainee in the custody 
                of the Attorney General of the United States or is in 
                the custody of a State or political subdivision 
                thereof; or
                    ``(B) in the case of a pen register, a trap and 
                trace device, or a clone pager, the facility is 
                regularly used by, an inmate or detainee in the custody 
                of the Attorney General of the United States or is in 
                the custody of a State or political subdivision 
                thereof.
            ``(2) State defined.--As used in this subsection, the term 
        `State' means each of the several States of the United States, 
        the District of Columbia, and the territories and possessions 
        of the United States.
    ``(f) Regulations.--The Attorney General shall promulgate 
regulations governing interceptions described in subsection (e) in 
order to protect communications protected by the attorney-client 
privilege and the right to counsel guaranteed by the sixth amendment to 
Constitution of the United States.''.

SEC. 912. PRISON AMENITIES AND PRISONER WORK REQUIREMENT.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4048. Certain amenities for prisoners prohibited
    ``(a) In General.--Except as provided in subsection (b), the Bureau 
of Prisons shall ensure that no prisoner or detainee under its 
jurisdiction--
            ``(1) engages in any physical activity designed to increase 
        or enhance the fighting ability of the prisoner or detainee;
            ``(2) engages in any physical activity designed to increase 
        the physical strength of such prisoner or detainee; or
            ``(3) is permitted--
                    ``(A) access to in-cell television viewing, except 
                for prisoners segregated from the general prison 
                population for their own safety;
                    ``(B) access to the viewing of any movie or film, 
                through whatever medium presented, that has been given 
                a Motion Picture Association of America rating of NC-
                17, R, or X;
                    ``(C) possession of any in-cell coffee pot, hot 
                plate, or other heating element;
                    ``(D) access to any pornographic or other sexually 
                explicit printed material;
                    ``(E) access to any bodybuilding or weightlifting 
                equipment; or
                    ``(F) use or possession of any electric or 
                electronic musical equipment.
    ``(b) Exception for Certain Prisoners.--The Director of the Bureau 
of Prisons may grant an exception to paragraph (2) or (3)(E) of 
subsection (a) with respect to a prisoner or detainee, if a licensed 
medical doctor employed by the Bureau of Prisons certifies that such 
exception is medically necessary in order to enable the prisoner or 
detainee to pursue a program of physical therapy or rehabilitation.
    ``(c) Effect on Other Regulations.--Nothing in the section shall be 
construed to preempt or repeal any regulation or policy of the Bureau 
of Prisons that imposes greater restrictions on prisoners and detainees 
than those required by this section, or to prevent the adoption by the 
Bureau of Prisons of any regulation or policy that imposes greater 
restrictions on prisoners and detainees than those required by this 
section.
    ``(d) No Cause of Action.--Nothing in this section shall be 
construed to create a cause of action by or on behalf of any person 
against the United States or any officer, employee, or contractor 
thereof.
``Sec. 4049. Prisoner work requirement
    ``(a) In General.--Subject to subsection (b), the Director of the 
Bureau of Prisons shall ensure that each convicted inmate in the 
custody of the Attorney General and confined in any Federal prison, 
correctional facility, jail, or other facility shall be engaged in 
work. The type of work that a particular inmate shall be engaged in 
shall be determined on the basis of appropriate security and 
disciplinary considerations and by the health of the inmate.
    ``(b) Excuse.--An inmate described in subsection (a) may be excused 
from the requirement of subsection (a) in whole or in part, only as 
necessitated by--
            ``(1) security considerations;
            ``(2) disciplinary action;
            ``(3) medical certification of disability, such as would 
        make it impractical for prison officials to arrange useful work 
        for the inmate to perform; or
            ``(4) a need for the inmate to work less than a full work 
        schedule in order to participate in literacy training, drug 
        rehabilitation, or other similar program in addition to 
        performing work.
    ``(c) No Compensation.--Nothing in this section shall be construed 
to entitle any inmate to any wage, compensation, or benefit, or be 
construed to provide a cause of action by or on behalf of any person 
against the United States or any officer, employee, or contractor 
thereof.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 303 of 
title 18, United States Code, is amended by adding at the end the 
following:

``4048. Certain amenities for prisoners prohibited.
``4049. Prisoner work requirement.''.

SEC. 913. ELIMINATION OF SENTENCING INEQUITIES AND AFTERCARE FOR 
              FEDERAL INMATES.

    Section 3621 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking the last sentence and 
        inserting ``The Bureau shall endeavor to make available 
        appropriate substance abuse treatment for each prisoner the 
        Bureau determines has a treatable drug abuse problem, with a 
        priority to be given to younger offenders and those who would 
        benefit most from the treatment''; and
            (2) in subsection (e), by striking paragraphs (1), (2), and 
        (5), and redesignating paragraphs (3), (4), and (6), as 
        paragraphs (1), (2), and (3), respectively.

                   TITLE X--MISCELLANEOUS PROVISIONS

SEC. 1001. SENSE OF THE SENATE REGARDING ONDCP.

    It is the sense of the Senate that--
            (1) the Office of National Drug Control Policy should, in 
        principle, be reauthorized for an additional 5 years; and
            (2) prior to any such reauthorization, the Committee on the 
        Judiciary of the Senate should conduct an extensive review of 
        the National Drug Control Strategy for 1997 submitted by 
        President Clinton.

SEC. 1002. RESTRICTIONS ON DOCTORS PRESCRIBING SCHEDULE I SUBSTANCES.

    (a) In General.--Not later than 45 days after the date of enactment 
of this Act, the Secretary of Health and Human Services shall 
promulgate regulations that require any and all hospitals or health 
care service providers who receive Federal medicare or medicaid 
payments based upon appropriate compliance certification, as an 
additional certification requirement, to certify that no physician or 
other health care professional who has privileges with such hospital or 
health care service provider, or is otherwise employed by them, is 
currently, or will in the future, prescribe or otherwise recommend a 
schedule I substance to any person.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Health and Human Services shall report to 
Congress the number and names of institutions refusing or otherwise 
failing to fulfill certification requirement of subsection (a).
    (c) Revocation of Certification.--The Attorney General shall 
promulgate regulations to revoke the DEA registration of any physician 
or other health care provider who recommends or prescribes a schedule I 
controlled substance.

SEC. 1003. ANTIDRUG USE PUBLIC SERVICE REQUIREMENT.

    The Federal Communications Commission shall--
            (1) coordinate with the President's Commission on Alcohol 
        and Drug Abuse Prevention, to develop a comprehensive education 
        and public service program targeting youth drug abuse pursuant 
        to section 8003 of Public Law 99-570 (21 U.S.C. 1302);
            (2) encourage the priority use of public service resources 
        dedicated to promoting youth drug abuse prevention and 
        education;
            (3) contact and encourage the donation of greater public 
        resources dedicated to youth drug abuse programs from--
                    (A) television, radio, movies, cable 
                communications, and print media;
                    (B) the recording industry;
                    (C) the advertising industry;
                    (D) business; and
                    (E) professional sports; and
            (4) encourage each of the organizations and industries 
        referred to in paragraph (3) to assist the implementation of 
        new programs and national strategies for dissemination of 
        information intended to prevent youth drug abuse.

SEC. 1004. CHILD PORNOGRAPHY.

    (a) In General.--The Secretary of State is directed to review all 
extradition treaties in force, and, if necessary, to renegotiate all 
such treaties, in order to ensure that offenses involving the sexual 
exploitation and abuse of children under sections 2251 through 2258 of 
title 18, United States Code, are extraditable offenses.
    (b) Statute of Limitations.--In any case in which a defendant is 
charged with an offense under chapter 110 of title 18, United States 
Code, and is alleged to have committed an offense, in whole or in part, 
beyond the jurisdiction of the United States, the statute of 
limitations shall be tolled during any period in which the defendant is 
beyond the jurisdiction of the United States.

SEC. 1005. 2,000 BOYS AND GIRLS CLUBS BEFORE 2000.

    (a) In General.--Section 401(a) of the Economic Espionage Act of 
1996 (Public Law 104-294; 110 Stat. 3496) is amended by striking 
paragraph (2) and inserting the following:
            ``(2) Purpose.--The purpose of this section is to provide 
        adequate resources in the form of seed money for the Boys and 
        Girls Clubs of America to establish 1,000 additional local 
        clubs where needed, with particular emphasis placed on 
        establishing clubs in public housing projects and distressed 
        areas, and to insure that there are a total of no less than 
        2000 Boys and Girls Club of America facilities in operation not 
        later than December 31, 1999.''.
    (b) Accelerated Grants.--Section 401 of the Economic Espionage Act 
of 1996 (Public Law 104-294; 110 Stat. 3496) is amended by striking 
subsection (c) and inserting the following:
    ``(c) Establishment.--
            ``(1) In general.--For each of the fiscal years 1997, 1998, 
        1999, 2000, and 2001, the Director of the Bureau of Justice 
        Assistance of the Department of Justice shall make a grant to 
        the Boys and Girls Clubs of America for the purpose of 
        establishing Boys and Girls Clubs facilities where needed, with 
        particular emphasis placed on establishing clubs in public 
        housing projects and distressed areas.
            ``(2) Contracting authority.--To the extent that the 
        Secretary of Housing and Urban Development determines to be 
        appropriate, the Secretary of Housing and Urban Development, in 
        consultation with the Attorney General, shall enter into 
        contracts with the Boys and Girls Clubs of America to establish 
        clubs pursuant to the grants under paragraph (1).
            ``(3) Applications.--The Attorney General shall accept an 
        application for a grant under this subsection if submitted by 
        the Boys and Girls Clubs of America, and approve or deny the 
        grant not later than 90 days after the date on which the 
        application is submitted, if the application--
                    ``(A) includes a long-term strategy to establish 
                1000 additional Boys and Girls Clubs and detailed 
                summary of those areas in which new facilities will be 
                established during the next fiscal year;
                    ``(B) includes a plan to insure that there are a 
                total of not less than 2000 Boys and Girls Clubs of 
                America facilities in operation before January 1, 2000;
                    ``(C) certifies that there will be appropriate 
                coordination with those communities where clubs will be 
                located; and
                    ``(D) explains the manner in which new facilities 
                will operate without additional, direct Federal 
                financial assistance to the Boys and Girls Clubs once 
                assistance under this subsection is discontinued.''.
    (c) Role Model Grants.--Section 401 of the Economic Espionage Act 
of 1996 (Public Law 104-294; 110 Stat. 3496) is amended by adding at 
the end the following:
    ``(f) Role Model Grants.--Of amounts made available under 
subsection (e) in any fiscal year--
            ``(1) not more than 5 percent may be used to provide a 
        grant to the Boys and Girls Clubs of America for 
        administrative, travel, and other costs associated with a 
        national role-model speaking tour program; and
            ``(2) no amount may be used to compensate speakers other 
        than to reimburse speakers for reasonable travel and 
        accommodation costs associated with the program described in 
        paragraph (1).''.

SEC. 1006. CELLULAR TELEPHONE INTERCEPTIONS.

    Subsection 2511 of title 18, United States Code, is amended by 
inserting ``, imprisoned not more than 1 year, or both'' after ``under 
this title''.

            TITLE XI--VIOLENT AND REPEAT JUVENILE OFFENDERS

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Violent and Repeat Juvenile 
Offender Act of 1997''.

SEC. 1102. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) at the outset of the twentieth century, the States 
        adopted 2 separate juvenile justice systems for violent and 
        nonviolent offenders;
            (2) violent crimes committed by juveniles, such as 
        homicide, rape, and robbery, were an unknown phenomenon at that 
        time, but the rate at which juveniles commit such crimes has 
        escalated astronomically since that time;
            (3) in 1994--
                    (A) the number of persons arrested overall for 
                murder in the United States decreased by 5.8 percent, 
                but the number of persons who are less than 15 years of 
                age arrested for murder increased by 4 percent; and
                    (B) the number of persons arrested for all violent 
                crimes increased by 1.3 percent, but the number of 
                persons who are less than 15 years of age arrested for 
                violent crimes increased by 9.2 percent, and the number 
                of persons less than 18 years of age arrested for such 
                crimes increased by 6.5 percent;
            (4) from 1985 to 1996, the number of persons arrested for 
        all violent crimes increased by 52.3 percent, but the number of 
        persons under age 18 arrested for violent crimes rose by 75 
        percent;
            (5) the number of juvenile offenders is expected to undergo 
        a massive increase during the first 2 decades of the twenty-
        first century, culminating in an unprecedented number of 
        violent offenders who are less than 18 years of age;
            (6) the rehabilitative model of sentencing for juveniles, 
        which Congress rejected for adult offenders when Congress 
        enacted the Sentencing Reform Act of 1984, is inadequate and 
        inappropriate for dealing with violent and repeat juvenile 
        offenders;
            (7) the Federal Government should encourage the States to 
        experiment with progressive solutions to the escalating problem 
        of juveniles who commit violent crimes and who are repeat 
        offenders, including prosecuting all such offenders as adults, 
        but should not impose specific strategies or programs on the 
        States;
            (8) an effective strategy for reducing violent juvenile 
        crime requires greater collection of investigative data and 
        other information, such as fingerprints and DNA evidence, as 
        well as greater sharing of such information among Federal, 
        State, and local agencies, including the courts, in the law 
        enforcement and educational systems;
            (9) data regarding violent juvenile offenders must be made 
        available to the adult criminal justice system if recidivism by 
        criminals is to be addressed adequately;
            (10) holding juvenile proceedings in secret denies victims 
        of crime the opportunity to attend and be heard at such 
        proceedings, helps juvenile offenders to avoid accountability 
        for their actions, and shields juvenile proceedings from public 
        scrutiny and accountability;
            (11) the injuries and losses suffered by the victims of 
        violent crime are no less painful or devastating because the 
        offender is a juvenile; and
            (12) the investigation, prosecution, adjudication, and 
        punishment of criminal offenses committed by juveniles is, and 
        should remain, primarily the responsibility of the States, to 
        be carried out without interference from the Federal 
        Government.
    (b) Purposes.--The purposes of this title are--
            (1) to reform juvenile law so that the paramount concerns 
        of the juvenile justice system are providing for the safety of 
        the public and holding juvenile wrongdoers accountable for 
        their actions, while providing the wrongdoer a genuine 
        opportunity for self-reform;
            (2) to revise the procedures in Federal court that are 
        applicable to the prosecution of juvenile offenders;
            (3) to address specifically the problem of violent crime 
        and controlled substance offenses committed by youth gangs; and
            (4) to encourage and promote, consistent with the ideals of 
        federalism, adoption of policies by the States to ensure that 
        the victims of crimes of violence committed by juveniles 
        receive the same level of justice as do victims of violent 
        crimes that are committed by adults.

SEC. 1103. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.

                  Subtitle A--Juvenile Justice Reform

SEC. 1111. REPEAL OF GENERAL PROVISION.

    (a) In General.--Chapter 401 of title 18, United States Code, is 
amended--
            (1) by striking section 5001; and
            (2) by redesignating section 5003 as section 5001.
    (b) Technical Amendments.--The chapter analysis for chapter 401 of 
title 18, United States Code, is amended--
            (1) by striking the item relating to section 5001; and
            (2) by redesignating the item relating to section 5003 as 
        5001.

SEC. 1112. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for other criminal prosecution
    ``(a) In General.--A juvenile who is not less than 14 years of age 
and who is alleged to have committed an act that, if committed by an 
adult, would be a criminal offense, shall be tried in the appropriate 
district court of the United States--
            ``(1) as an adult at the discretion of the United States 
        Attorney in the appropriate jurisdiction, upon a finding by 
        that United States Attorney, which finding shall not be subject 
        to review in or by any court, trial or appellate, that there is 
        a substantial Federal interest in the case or the offense to 
        warrant the exercise of Federal jurisdiction, if the juvenile 
        is charged with a Federal offense that--
                    ``(A) is a crime of violence (as that term is 
                defined in section 16); or
                    ``(B) involves a controlled substance (as that term 
                is defined in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802)) for which the penalty is a term of 
                imprisonment of not less than 5 years; and
            ``(2) in all other cases, as a juvenile.
    ``(b) Referral by United States Attorney.--
            ``(1) In general.--If the United States Attorney in the 
        appropriate jurisdiction declines prosecution of a charged 
        offense under subsection (a)(2), the United States Attorney may 
        refer the matter to the appropriate legal authorities of the 
        State or Indian tribe.
            ``(2) Definitions.--In this section--
                    ``(A) the term `State' includes a State of the 
                United States, the District of Columbia, and any 
                commonwealth, territory, or possession of the United 
                States; and
                    ``(B) the term `Indian tribe' has the same meaning 
                as in section 4(e) of the Indian Self-Determination and 
                Education Assistance Act.
    ``(c) Applicable Procedures.--Any action prosecuted in a district 
court of the United States under this section--
            ``(1) shall proceed in the same manner as is required by 
        this title and by the Federal Rules of Criminal Procedure in 
        proceedings against an adult in the case of a juvenile who is 
        being tried as an adult in accordance with subsection (a); and
            ``(2) in all other cases, shall proceed in accordance with 
        this chapter, unless the juvenile has requested in writing, 
        upon advice of counsel, to be proceeded against as an adult.
    ``(d) Capital Cases.--Subject to section 3591, if a juvenile is 
tried and sentenced as an adult, the juvenile shall be subject to being 
sentenced to death on the same terms and in accordance with the same 
procedures as an adult.
    ``(e) Application of Laws.--In any case in which a juvenile is 
prosecuted in a district court of the United States as an adult, the 
juvenile shall be subject to the same laws, rules, and proceedings 
regarding sentencing that would be applicable in the case of an adult. 
No juvenile sentenced to a term of imprisonment shall be released from 
custody simply because the juvenile reaches the age of 18 years.
    ``(f) Open Proceedings.--
            ``(1) In general.--Any offense tried in a district court of 
        the United States pursuant to this section shall be open to the 
        general public, in accordance with rules 10, 26, 31(a), and 53 
        of the Federal Rules of Criminal Procedure, unless good cause 
        is established by the moving party or is otherwise found by the 
        court, for closure.
            ``(2) Status alone insufficient.--The status of the 
        defendant as a juvenile, absent other factors, shall not 
        constitute good cause for purposes of this subsection.
    ``(g) Availability of Records.--
            ``(1) In general.--In making a determination concerning the 
        prosecution of a juvenile in a district court of the United 
        States under this section, subject to the requirements of 
        section 5038, the United States Attorney of the appropriate 
        jurisdiction shall have complete access to the prior Federal 
        juvenile records of the subject juvenile, and to the extent 
        permitted by State law, the prior State juvenile records of the 
        subject juvenile.
            ``(2) Consideration of entire record.--In any case in which 
        a juvenile is found guilty in an action pursuant to this 
        section, the district court responsible for imposing sentence 
        shall have complete access to the prior juvenile records of the 
        subject juvenile, and, to the extent permitted under State law, 
        the prior State juvenile records of the subject juvenile. At 
        sentencing, the district court shall consider the entire 
        available prior juvenile record of the subject juvenile.
            ``(3) Release of records.--The United States Attorney may 
        release such Federal records, and, to the extent permitted by 
        State law, such State records, to law enforcement authorities 
        of any jurisdiction and to officials of any school, school 
        district, or postsecondary school at which the individual who 
        is the subject of the juvenile record is enrolled or seeks, 
        intends, or is instructed to enroll, if such school officials 
        are held liable to the same standards and penalties to which 
        law enforcement and juvenile justice system employees are held 
        liable under Federal and State law, for the handling and 
        disclosure of such information.''.
    (b) Technical Amendment.--The chapter analysis for chapter 403 of 
title 18, United States Code, is amended by striking the item relating 
to section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as 
                            adults; transfer for other criminal 
                            prosecution.''.

SEC. 1113. CAPITAL CASES.

    Section 3591 of title 18, United States Code, is amended by 
striking ``18 years'' each place that term appears and inserting ``16 
years''.

SEC. 1114. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5031. Definitions
    ``In this chapter--
            ``(1) the term `juvenile' means a person who is less than 
        18 years of age; and
            ``(2) the term `juvenile delinquency' means the violation 
        of a law of the United States committed by a juvenile that 
        would be a crime if committed by an adult.''.

SEC. 1115. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended in the 
first sentence by striking ``Attorney General'' and inserting ``United 
States Attorney of the appropriate jurisdiction''.

SEC. 1116. DETENTION PRIOR TO DISPOSITION.

    Section 5035 of title 18, United States Code, is amended--
            (1) by striking ``A juvenile'' and inserting the following:
    ``(a) In General.--A juvenile''; and
            (2) by adding at the end the following:
    ``(b) Detention of Certain Juveniles.--Notwithstanding subsection 
(a), a juvenile who is to be tried as an adult pursuant to section 5032 
shall be subject to detention in accordance with chapter 203 in the 
same manner and to the same extent as an adult would be subject to that 
chapter.''.

SEC. 1117. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--
            (1) by striking ``thirty'' and inserting ``70''; and
            (2) by striking ``the court,'' and all that follows through 
        the end of the section and inserting ``the court. The periods 
        of exclusion under section 3161(h) shall apply to this 
        section.''.

SEC. 1118. DISPOSITIONAL HEARINGS.

    Section 5037 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``(a)'' and all that 
        follows through ``After the'' and inserting the following:
    ``(a) In General.--
            ``(1) Dispositional hearing.--In any case in which a 
        juvenile is found to be a juvenile delinquent in district court 
        pursuant to section 5032, but is not tried as an adult under 
that section, not later than 20 days after the hearing in which a 
finding of juvenile delinquency is made, the court shall hold a 
disposition hearing concerning the appropriate disposition unless the 
court has ordered further study pursuant to subsection (d).
            ``(2) Actions of court after hearing.--After the'';
            (2) in subsection (b), by striking ``extend--'' and all 
        that follows through ``The provisions'' and inserting the 
        following: ``extend, in the case of a juvenile, beyond the 
        maximum term that would be authorized by section 3561(b), if 
        the juvenile had been tried and convicted as an adult. The 
        provisions'';
            (3) in subsection (c), by striking ``extend--'' and all 
        that follows through ``Section 3624'' and inserting the 
        following: ``extend beyond the maximum term of imprisonment 
        that would be authorized if the juvenile had been tried and 
        convicted as an adult. No juvenile sentenced to a term of 
        imprisonment shall be released from custody simply because the 
        juvenile reaches the age of 18 years. Section 3624'';
            (4) by redesignating subsection (d) as subsection (e); and
            (5) by inserting after subsection (c) the following:
    ``(d) Applicability of Restitution Provisions.--If a juvenile has 
been tried and convicted as an adult, or adjudicated delinquent for any 
offense in which the juvenile is otherwise tried pursuant to section 
5032, the restitution provisions contained in this title (including 
sections 3663, 3663A, 2248, 2259, 2264, and 2327) and title 21 shall 
apply to that juvenile in the same manner and to the same extent as 
those provisions apply to adults.''.

SEC. 1119. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and'';
                    (C) by inserting after paragraph (6) the following:
            ``(7) inquiries from any school or other educational 
        institution for the purpose of ensuring the public safety and 
        security at such institution.''; and
                    (D) by striking ``Unless'' and inserting the 
                following:
    ``(c) Prohibition on Release of Certain Information.--Unless'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively;
            (3) by inserting immediately after subsection (a) the 
        following:
    ``(b) Access by United States Attorney.--Notwithstanding subsection 
(a), in determining the appropriate disposition of a juvenile matter 
under section 5032, the United States Attorney of the appropriate 
jurisdiction shall have complete access to the official records of the 
juvenile proceedings conducted under this title.'';
            (4) by inserting after subsection (e), as redesignated, the 
        following:
    ``(f) Records of Juveniles Tried as Adults.--In any case in which a 
juvenile is tried as an adult, access to the record of the offenses of 
the juvenile shall be made available in the same manner as is 
applicable to adult defendants.'';
            (5) by striking ``(d) Whenever'' and all that follows 
        through ``adult defendants.'' and inserting the following:
    ``(g) Fingerprints and Photographs.--Fingerprints and photographs 
of a juvenile--
            ``(1) who is prosecuted as an adult, shall be made 
        available in the same manner as is applicable to an adult 
        defendant; and
            ``(2) who is not prosecuted as an adult, shall be made 
        available only as provided in subsection (a).'';
            (6) by striking ``(e) Unless,'' and inserting the 
        following:
    ``(h) No Publication of Name or Picture.--Unless'';
            (7) by striking ``(f) Whenever'' and inserting the 
        following:
    ``(i) Information to Federal Bureau of Investigation.--Whenever''; 
and
            (8) in subsection (i), as redesignated--
                    (A) by striking ``of committing an act'' and all 
                that follows through ``5032 of this title'' and 
                inserting ``by a district court of the United States 
                pursuant to section 5032 of committing an act''; and
                    (B) by inserting ``involved a juvenile tried as an 
                adult or'' before ``were juvenile adjudications''.

SEC. 1120. INCARCERATION OF VIOLENT OFFENDERS.

    Section 5039 of title 18, United States Code, is amended--
            (1) by designating the first 3 undesignated paragraphs as 
        subsections (a) through (c), respectively; and
            (2) by adding at the end the following:
    ``(d) Segregation of Juveniles Convicted of Violent Offenses.--
            ``(1) Definition.--In this subsection, the term `crime of 
        violence' has the same meaning as in section 16 of title 18, 
        United States Code.
            ``(2) Segregation.--The Director of the Bureau of Prisons 
        shall ensure that juveniles who are alleged to be or determined 
        to be delinquent are not confined in any institution in which 
        the juvenile has regular sustained physical contact with adult 
        persons who are detained or confined.''.

SEC. 1121. FEDERAL SENTENCING GUIDELINES.

    Section 994(h) of title 28, United States Code, is amended by 
inserting ``, or in which the defendant is a juvenile who is tried as 
an adult,'' after ``old or older''.

                       Subtitle B--Juvenile Gangs

SEC. 1141. SHORT TITLE.

    This subtitle may be cited as the ``Federal Gang Violence Act''.

SEC. 1142. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A 
              GANG MEMBER.

    (a) Definition.--In this section, the term ``criminal street gang'' 
has the same meaning as in section 521(a) of title 18, United States 
Code, as amended by section 1243 of this subtitle.
    (b) Amendment of Sentencing Guidelines.--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, increasing the offense level by not 
less than 6 levels, for any offense, if the offense was both committed 
in connection with, or in furtherance of, the activities of a criminal 
street gang and the defendant was a member of the criminal street gang 
at the time of the offense.
    (c) Construction With Other Guidelines.--The amendment made 
pursuant to subsection (b) shall provide that the increase in the 
offense level shall be in addition to any other adjustment under 
chapter 3 of the Federal sentencing guidelines.

SEC. 1143. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS.

    (a) In General.--Section 521 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Definitions.--'' and 
                inserting the following:
    ``(a) Definitions.--In this section:'', and
                    (B) by striking ```conviction'' and all that 
                follows through the end of the subsection and inserting 
                the following:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means an ongoing group, club, organization, or 
        association of 3 or more persons, whether formal or informal--
                    ``(A) a primary activity of which is the commission 
                of 1 or more predicate gang crimes;
                    ``(B) any members of which engage, or have engaged 
                during the 5-year period preceding the date in 
                question, in a pattern of criminal gang activity; and
                    ``(C) the activities of which affect interstate or 
                foreign commerce.
            ``(2) Pattern of criminal gang activity.--The term `pattern 
        of criminal gang activity' means the commission of 2 or more 
        predicate gang crimes committed in connection with, or in 
        furtherance of, the activities of a criminal street gang--
                    ``(A) at least 1 of which was committed after the 
                date of enactment of the Federal Gang Violence Act;
                    ``(B) the first of which was committed not more 
                than 5 years before the commission of another predicate 
                gang crime; and
                    ``(C) that were committed on separate occasions.
            ``(3) Predicate gang crime.--The term `predicate gang 
        crime' means an offense, including an act of juvenile 
        delinquency that, if committed by an adult, would be an offense 
        that is--
                    ``(A) a Federal offense--
                            ``(i) that is a crime of violence (as that 
                        term is defined in section 16) including 
                        carjacking, drive-by-shooting, shooting at an 
                        unoccupied dwelling or motor vehicle, assault 
                        with a deadly weapon, and homicide;
                            ``(ii) that involves a controlled substance 
                        (as that term is defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 802)) for 
                        which the penalty is imprisonment for not less 
                        than 5 years;
                            ``(iii) that is a violation of section 844, 
                        section 875 or 876 (relating to extortion and 
                        threats), section 1084 (relating to gambling), 
                        section 1955 (relating to gambling), chapter 44 
                        (relating to firearms), or chapter 73 (relating 
                        to obstruction of justice);
                            ``(iv) that is a violation of section 1956 
                        (relating to money laundering), insofar as the 
                        violation of such section is related to a 
                        Federal or State offense involving a controlled 
                        substance (as that term is defined in section 
                        102 of the Controlled Substances Act (21 U.S.C. 
                        802)); or
                            ``(v) that is a violation of section 
                        274(a)(1)(A), 277, or 278 of the Immigration 
                        and Nationality Act (8 U.S.C. 1324(a)(1)(A), 
                        1327, or 1328) (relating to alien smuggling);
                    ``(B) a State offense involving conduct that would 
                constitute an offense under subparagraph (A) if Federal 
                jurisdiction existed or had been exercised; or
                    ``(C) a conspiracy, attempt, or solicitation to 
                commit an offense described in subparagraph (A) or (B).
            ``(4) State.--The term `State' includes a State of the 
        United States, the District of Columbia, Puerto Rico, Guam, the 
        Virgin Islands, and any other territory of possession of the 
        United States.''; and
            (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
    ``(b) Criminal Penalties.--Any person who engages in a pattern of 
criminal gang activity--
            ``(1) shall be sentenced to--
                    ``(A) a term of imprisonment of not less than 10 
                years and not more than life, fined in accordance with 
                this title, or both; and
                    ``(B) the forfeiture prescribed in section 413 of 
                the Controlled Substances Act (21 U.S.C. 853); and
            ``(2) if any person engages in such activity after 1 or 
        more prior convictions under this section have become final, 
        shall be sentenced to--
                    ``(A) a term of imprisonment of not less than 20 
                years and not more than life, fined in accordance with 
                this title, or both; and
                    ``(B) the forfeiture prescribed in section 412 of 
                the Controlled Substances Act (21 U.S.C. 853).''.
    (b) Conforming Amendment.--Section 3663(c)(4) of title 18, United 
States Code, is amended by inserting before ``chapter 46'' the 
following: ``section 521 of this title,''.

SEC. 1144. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL STREET GANGS.

    (a) Travel Act Amendments.--
            (1) Prohibited conduct and penalties.--Section 1952(a) of 
        title 18, United States Code, is amended to read as follows:
    ``(a) Prohibited Conduct and Penalties.--
            ``(1) In general.--Any person who--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                            ``(i) distribute the proceeds of any 
                        unlawful activity; or
                            ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A),
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(2) Crimes of violence.--Any person who--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity,
        shall be fined under this title, imprisoned for not more than 
        20 years, or both, and if death results shall be sentenced to 
        death or be imprisoned for any term of years or for life.''.
            (2) Definitions.--Section 1952(b) of title 18, United 
        States Code, is amended to read as follows:
    ``(b) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the same meaning as in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6)).
            ``(2) State.--The term `State' includes a State of the 
        United States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(3) Unlawful activity.--The term `unlawful activity' 
        means--
                    ``(A) predicate gang crime (as that term is defined 
                in section 521);
                    ``(B) any business enterprise involving gambling, 
                liquor on which the Federal excise tax has not been 
                paid, narcotics or controlled substances, or 
                prostitution offenses in violation of the laws of the 
                State in which the offense is committed or of the 
                United States;
                    ``(C) extortion, bribery, arson, robbery, burglary, 
                assault with a deadly weapon, retaliation against or 
                intimidation of witnesses, victims, jurors, or 
                informants, assault resulting in bodily injury, 
                possession of or trafficking in stolen property, 
                illegally trafficking in firearms, kidnapping, alien 
                smuggling, or shooting at an occupied dwelling or motor 
                vehicle, in each case, in violation of the laws of the 
                State in which the offense is committed or of the 
                United States; or
                    ``(D) any act that is indictable under section 1956 
                or 1957 of this title or under subchapter II of chapter 
                53 of title 31.''.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend chapter 2 of the Federal 
        sentencing guidelines so that--
                    (A) the base offense level for traveling in 
                interstate or foreign commerce in aid of a criminal 
                street gang or other unlawful activity is increased to 
                12; and
                    (B) the base offense level for the commission of a 
                crime of violence in aid of a criminal street gang or 
                other unlawful activity is increased to 24.
            (2) Definitions.--In this subsection--
                    (A) the term ``crime of violence'' has the same 
                meaning as in section 16 of title 18, United States 
                Code;
                    (B) the term ``criminal street gang'' has the same 
                meaning as in 521(a) of title 18, United States Code, 
                as amended by section 1243 of this subtitle; and
                    (C) the term ``unlawful activity'' has the same 
                meaning as in section 1952(b) of title 18, United 
                States Code, as amended by this section.

SEC. 1145. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG 
              ACTIVITY.

    (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, 
is amended by adding at the end the following:
``Sec. 522. Recruitment of persons to participate in criminal street 
              gang activity
    ``(a) Prohibited Act.--It shall be unlawful for any person to--
            ``(1) use any facility in, or travel in, interstate or 
        foreign commerce, or cause another to do so, to recruit, 
        solicit, request, induce, counsel, command, or cause another 
        person to be a member of a criminal street gang, or conspire to 
        do so; or
            ``(2) recruit, solicit, request, induce, counsel, command, 
        or cause another person to engage in a predicate gang crime for 
        which such person may be prosecuted in a court of the United 
        States, or conspire to do so.
    ``(b) Penalties.--A person who violates subsection (a) shall--
            ``(1) if the person recruited--
                    ``(A) is a minor, be imprisoned for a term of not 
                less than 4 years and not more than 10 years, fined in 
                accordance with this title, or both; or
                    ``(B) is not a minor, be imprisoned for a term of 
                not less than 1 year and not more than 10 years, fined 
                in accordance with this title, or both; and
            ``(2) be liable for any costs incurred by the Federal 
        Government or by any State or local government for housing, 
        maintaining, and treating the minor until the minor reaches the 
        age of 18.
    ``(c) Definitions.--In this section--
            ``(1) the terms `criminal street gang' and `predicate gang 
        crime' have the same meanings as in section 521; and
            ``(2) the term `minor' means a person who is younger than 
        18 years of age.''.
    (b) Sentencing Guidelines.--Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States Sentencing 
Commission shall amend chapter 2 of the Federal sentencing guidelines 
to provide an appropriate enhancement for any offense involving the 
recruitment of a minor to participate in a gang activity.
    (c) Technical Amendment.--The chapter analysis for chapter 26 of 
title 18, United States Code, is amended by adding at the end the 
following:

``522. Recruitment of persons to participate in criminal street gang 
                            activity.''.

SEC. 1146. CRIMES INVOLVING THE RECRUITMENT OF PERSONS TO PARTICIPATE 
              IN CRIMINAL STREET GANGS AND FIREARMS OFFENSES AS RICO 
              PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(F)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, (G) an offense under section 522 of this title, 
        or (H) an act or conspiracy to commit any violation of chapter 
        44 of this title (relating to firearms)''.

SEC. 1147. PROHIBITIONS RELATING TO FIREARMS.

    (a) Penalties.--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);
            (3) in subparagraph (A), as redesignated--
                    (A) by striking ``(B) A person other than a 
                juvenile who knowingly'' and inserting ``(A) A person 
                who knowingly'';
                    (B) in clause (i), by striking ``not more than 1 
                year'' and inserting ``not less than 1 year and not 
                more than 5 years''; and
                    (C) in clause (ii), by inserting ``not less than 1 
                year and'' after ``imprisoned''; and
            (4) by adding at the end the following:
            ``(B) Notwithstanding subparagraph (A), no mandatory 
        minimum sentence shall apply to a juvenile who is less than 13 
        years of age.''.
    (b) 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 
                clause (i) or (ii);''.
    (c) Transfer of Firearms to Minors for Use in 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 less than 3 years, fined in 
accordance with this title, or both''.

SEC. 1148. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY 
              ARMOR.

    (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.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any crime in which the defendant used body 
armor.
    (c) Applicability.--No Federal sentencing guideline amendment made 
pursuant to 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. 1149. ADDITIONAL PROSECUTORS.

    There are authorized to be appropriated $20,000,000 for each of the 
fiscal years 1998, 1999, 2000, 2001, and 2002 for the hiring of 
Assistant United States Attorneys and attorneys in the Criminal 
Division of the Department of Justice to prosecute juvenile criminal 
street gangs (as that term is defined in section 521(a) of title 18, 
United States Code, as amended by section 1243 of this subtitle).

         Subtitle C--Juvenile Crime Control and Accountability

SEC. 1161. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.

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

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

    ``Congress makes the following findings:
            ``(1) During the past several years, the United States has 
        experienced an alarming increase in arrests of adolescents for 
        murder, assault, and weapons offenses.
            ``(2) In 1994, juveniles accounted for 1 in 5 arrests for 
        violent crimes, including murder, robbery, aggravated assault, 
        and rape, including 514 such arrests per 100,000 juveniles 10 
        through 17 years of age.
            ``(3) Understaffed, overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation services, 
        and correctional facilities no longer adequately address the 
        changing nature of juvenile crime, protect the public, and 
        correct youth offenders.
            ``(4) The juvenile justice system has proven inadequate to 
        meet the needs of society, because insufficient sanctions are 
        imposed on serious youth offenders and the needs of children, 
        who may be at risk of becoming delinquents.
            ``(5) Existing programs and policies have not adequately 
        responded to the particular threat of drugs, alcohol abuse, 
        violence, and gangs pose to the youth of the Nation.
            ``(6) Demographic increases projected in the number of 
        youth offenders require reexamination of the prosecution and 
        incarceration policies for serious violent youth offenders.
            ``(7) State and local communities that experience directly 
        the devastating failures of the juvenile justice system require 
        assistance to deal comprehensively with the problems of 
        juvenile delinquency.
            ``(8) Existing Federal programs have not provided the 
        States with necessary flexibility, and have not provided 
        coordination, resources, and leadership required to meet the 
        crisis of youth violence.
            ``(9) Overlapping and uncoordinated Federal programs have 
        created a multitude of Federal funding streams to State and 
        local governments, that have become a barrier to effective 
        program coordination, responsive public safety initiatives, and 
        the provision of comprehensive services for children and youth.
            ``(10) Violent crime by juveniles constitutes a growing 
        threat to the national welfare that requires an immediate and 
        comprehensive governmental response, combining flexibility and 
        coordinated evaluation.
            ``(11) Limited State and local resources are being wasted 
        complying with the unnecessary Federal mandate that status 
        offenders be deinstitutionalized. Some communities believe that 
        curfews are appropriate for juveniles, and those communities 
        should not be prohibited by the Federal Government from using 
        confinement for status offenses as a means of dealing with 
        delinquent behavior before it becomes criminal conduct.
            ``(12) Limited State and local resources are being wasted 
        complying with the unnecessary Federal mandate that no juvenile 
        be detained or confined in any jail or lockup for adults, 
        because it can be feasible to separate adults and juveniles in 
        1 facility. This mandate is particularly burdensome for rural 
        communities.
            ``(13) The role of the Federal Government should be to 
        encourage and empower communities to develop and implement 
        policies to protect adequately the public from serious juvenile 
        crime as well as comprehensive programs to reduce risk factors 
        and prevent juvenile delinquency.
            ``(14) A strong partnership among law enforcement, local 
        government, juvenile and family courts, schools, businesses, 
        philanthropic organizations, families, and the religious 
        community, can create a community environment that supports the 
        youth of the Nation in reaching their highest potential and 
        reduces the destructive trend of juvenile crime.

``SEC. 102. PURPOSE AND STATEMENT OF POLICY.

    ``(a) In General.--The purposes of this Act are--
            ``(1) to protect the public and to hold juveniles 
        accountable for their acts;
            ``(2) to empower States and communities to develop and 
        implement comprehensive programs that support families and 
        reduce risk factors and prevent serious youth crime and 
        juvenile delinquency;
            ``(3) to provide for the thorough and ongoing evaluation of 
        all federally funded programs addressing juvenile crime and 
        delinquency;
            ``(4) to provide technical assistance to public and private 
        nonprofit entities that protect public safety, administer 
        justice and corrections to delinquent youth, or provide 
        services to youth at risk of delinquency, and their families;
            ``(5) to establish a centralized research effort on the 
        problems of youth crime and juvenile delinquency, including the 
        dissemination of the findings of such research and all related 
        data;
            ``(6) to establish a Federal assistance program to deal 
        with the problems of runaway and homeless youth;
            ``(7) to assist State and local governments in improving 
        the administration of justice for juveniles;
            ``(8) to assist the State and local governments in reducing 
        the level of youth violence;
            ``(9) to assist State and local governments in promoting 
        public safety by supporting juvenile delinquency prevention and 
        control activities;
            ``(10) to encourage and promote programs designed to keep 
        in school juvenile delinquents expelled or suspended for 
        disciplinary reasons;
            ``(11) to assist State and local governments in promoting 
        public safety by encouraging accountability through the 
        imposition of meaningful sanctions for acts of juvenile 
        delinquency;
            ``(12) to assist State and local governments in promoting 
        public safety by improving the extent, accuracy, availability 
        and usefulness of juvenile court and law enforcement records 
        and the openness of the juvenile justice system;
            ``(13) to assist State and local governments in promoting 
        public safety by encouraging the identification of violent and 
        hardcore juveniles and transferring such juveniles out of the 
        jurisdiction of the juvenile justice system and into the 
        jurisdiction of adult criminal court;
            ``(14) to assist State and local governments in promoting 
        public safety by providing resources to States to build or 
        expand juvenile detention facilities;
            ``(15) to provide for the evaluation of federally assisted 
        juvenile crime control programs, and training necessary for the 
        establishment and operation of such programs;
            ``(16) to ensure the dissemination of information regarding 
        juvenile crime control programs by providing a national 
        clearinghouse; and
            ``(17) to provide technical assistance to public and 
        private nonprofit juvenile justice and delinquency prevention 
        programs.
    ``(b) Statement of Policy.--It is the policy of Congress to provide 
resources, leadership, and coordination--
            ``(1) to combat youth violence and to prosecute and punish 
        effectively violent juvenile offenders; and
            ``(2) to improve the quality of juvenile justice in the 
        United States.

``SEC. 103. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Accountability.
            ``(2) Construction.--The term `construction' means 
        acquisition, expansion, remodeling, and alteration of existing 
        buildings, and initial equipment of any such buildings, or any 
        combination of such activities (including architects' fees but 
        not the cost of acquisition of land for buildings).
            ``(3) Juvenile population.--The term `juvenile population' 
        means the population of a State under 18 years of age.
            ``(4) Office.--The term `Office' means the Office of 
        Juvenile Crime Control and Accountability established under 
        section 201.
            ``(5) Outcome objective.--The term `outcome objective' 
        means an objective that relates to the impact of a program or 
        initiative, that measures the reduction of high risk behaviors, 
        such as incidence of arrest, the commission of criminal acts or 
        acts of delinquency, failure in school, violence, the use of 
        alcohol or illegal drugs, involvement of youth gangs, and 
        teenage pregnancy, among youth in the community.
            ``(6) Process objective.--The term `process objective' 
        means an objective that relates to the manner in which a 
        program or initiative is carried out, including--
                    ``(A) an objective relating to the degree to which 
                the program or initiative is reaching the target 
                population; and
                    ``(B) an objective relating to the degree to which 
                the program or initiative addresses known risk factors 
                for youth problem behaviors and incorporates activities 
that inhibit the behaviors and that build on protective factors for 
youth.
            ``(7) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Trust Territory of the Pacific Islands, the 
        Virgin Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
            ``(8) State office.--The term `State office' means an 
        office designated by the chief executive officer of a State to 
        carry out this title, as provided in section 507 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757).
            ``(9) Treatment.--The term `treatment' includes medical and 
        other rehabilitative services designed to protect the public, 
        including any services designed to benefit addicts and other 
        users by--
                    ``(A) eliminating their dependence on alcohol or 
                other addictive or nonaddictive drugs; or
                    ``(B) controlling their dependence and 
                susceptibility to addiction or use.
            ``(10) Youth.--The term `youth' means an individual who is 
        not less than 6 years of age and not more than 17 years of 
        age.''.

SEC. 1162. YOUTH CRIME CONTROL AND ACCOUNTABILITY BLOCK GRANTS.

    (a) Office of Juvenile Crime Control and Accountability.--Section 
201 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5611) is amended--
            (1) in subsection (a), by striking ``Office of Juvenile 
        Justice and Delinquency Prevention'' and inserting ``Office of 
        Juvenile Crime Control and Accountability''; and
            (2) by adding at the end the following:
    ``(d) Delegation and Assignment.--
            ``(1) In general.--Except as otherwise expressly prohibited 
        by law or otherwise provided by this title, the Administrator 
        may--
                    ``(A) delegate any of the functions of the 
                Administrator, and any function transferred or granted 
                to the Administrator after the date of enactment of 
                this Act, to such officers and employees of the Office 
                as the Administrator may designate; and
                    ``(B) authorize successive redelegations of such 
                functions as may be necessary or appropriate.
            ``(2) Responsibility.--No delegation of functions by the 
        Administrator under this subsection or under any other 
        provision of this title shall relieve the Administrator of 
        responsibility for the administration of such functions.
    ``(e) Reorganization.--The Administrator may allocate or reallocate 
any function transferred among the officers of the Office, and 
establish, consolidate, alter, or discontinue such organizational 
entities in that Office as may be necessary or appropriate.''.
    (b) National Program.--Section 204 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended to read 
as follows:

``SEC. 204. NATIONAL PROGRAM.

    ``(a) National Juvenile Crime Control and Juvenile Offender 
Accountability Plan.--
            ``(1) In general.--The Administrator shall develop 
        objectives, priorities, and short- and long-term plans, and 
        shall implement overall policy and a strategy to carry out such 
        plan, for all Federal juvenile crime control and juvenile 
        offender accountability programs and activities relating to 
        improving juvenile crime control and the enhancement of 
        accountability by offenders within the juvenile justice system 
        in the United States.
            ``(2) Contents of plans.--
                    ``(A) In general.--Each plan described in paragraph 
                (1) shall--
                            ``(i) contain specific, measurable goals 
                        and criteria for reducing the incidence of 
                        crime and delinquency among juveniles, 
                        improving juvenile crime control, and ensuring 
                        accountability by offenders within the juvenile 
                        justice system in the United States, and shall 
                        include criteria for any discretionary grants 
                        and contracts, for conducting research, and for 
                        carrying out other activities under this title;
                            ``(ii) provide for coordinating the 
                        administration of programs and activities under 
                        this title with the administration of all other 
                        Federal juvenile crime control and juvenile 
                        offender accountability programs and 
                        activities, including proposals for joint 
                        funding to be coordinated by the Administrator;
                            ``(iii) provide a detailed summary and 
                        analysis of the most recent data available 
                        regarding the number of juveniles taken into 
                        custody, the rate at which juveniles are taken 
into custody, and the trends demonstrated by such data.
                            ``(iv) provide a description of the 
                        activities for which amounts are expended under 
                        this title;
                            ``(v) provide specific information relating 
                        to the attainment of goals set forth in the 
                        plan, including specific, measurable standards 
                        for assessing progress toward national juvenile 
                        crime reduction and juvenile offender 
                        accountability goals; and
                            ``(vi) provide for the coordination of 
                        Federal, State, and local initiatives for the 
                        reduction of youth crime and ensuring 
                        accountability for juvenile offenders.
                    ``(B) Summary and analysis.--Each summary and 
                analysis under subparagraph (A)(iii) shall set out the 
                information required by clauses (i), (ii), and (iii) of 
                this subparagraph separately for juvenile nonoffenders, 
                juvenile status offenders, and other juvenile 
                offenders. Such summary and analysis shall separately 
                address with respect to each category of juveniles 
                specified in the preceding sentence--
                            ``(i) the types of offenses with which the 
                        juveniles are charged;
                            ``(ii) the ages of the juveniles;
                            ``(iii) the types of facilities used to 
                        hold the juveniles (including juveniles treated 
                        as adults for purposes of prosecution) in 
                        custody, including secure detention facilities, 
                        secure correctional facilities, jails, and 
                        lockups; and
                            ``(iv) the number of juveniles who died 
                        while in custody and the circumstances under 
                        which each juvenile died.
            ``(3) Annual review.--The Administrator shall annually--
                    ``(A) review each plan submitted under this 
                subsection;
                    ``(B) revise the plans, as the Administrator 
                considers appropriate; and
                    ``(C) not later than March 1 of each year, present 
                the plans to the Committees on the Judiciary of the 
                Senate and the House of Representatives.
    ``(b) Duties of Administrator.--In carrying out this title, the 
Administrator shall--
            ``(1) advise the President through the Attorney General as 
        to all matters relating to federally assisted juvenile crime 
        control and juvenile offender accountability programs, and 
        Federal policies regarding juvenile crime and justice, 
        including policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts;
            ``(2) implement and coordinate Federal juvenile crime 
        control and juvenile offender accountability programs and 
        activities among Federal departments and agencies and between 
        such programs and activities and other Federal programs and 
        activities that the Administrator determines may have an 
        important bearing on the success of the entire national 
        juvenile crime control and juvenile offender accountability 
        effort;
            ``(3) provide for the auditing of grants provided pursuant 
        to this title;
            ``(4) collect, prepare, and disseminate useful data 
        regarding the prevention, correction, and control of juvenile 
        crime and delinquency, and issue, not less frequently than once 
        each calendar year, a report on successful programs and 
        juvenile crime reduction methods utilized by States, 
        localities, and private entities;
            ``(5) ensure the performance of comprehensive rigorous 
        independent scientific evaluations, each of which shall--
                    ``(A) be independent in nature, and shall employ 
                rigorous and scientifically valid standards and 
                methodologies; and
                    ``(B) include measures of outcome and process 
                objectives, such as reductions in juvenile crime, youth 
                gang activity, youth substance abuse, and other high 
                risk factors, as well as increases in protective 
                factors that reduce the likelihood of delinquency and 
                criminal behavior;
            ``(6) involve consultation with appropriate authorities in 
        the States and with appropriate private entities in the 
        development, review, and revision of the plans required by 
        subsection (a) and in the development of policies relating to 
        juveniles prosecuted or adjudicated in the Federal courts; and
            ``(7) provide technical assistance to the States, units of 
        local government, and private entities in implementing programs 
        funded by grants under this title.
    ``(c) National Juvenile Crime Control and Juvenile Offender 
Accountability Budget.--
            ``(1) In general.--The Administrator shall--
                    ``(A) develop for each fiscal year, with the advice 
                of the program managers of departments and agencies 
                with responsibilities for any Federal juvenile crime 
                control or juvenile offender accountability program, a 
                consolidated National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan budget proposal 
                to implement the National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan; and
                    ``(B) transmit such budget proposal to the 
                President and to Congress.
            ``(2) Submission of juvenile offender accountability budget 
        request.--
                    ``(A) In general.--Each Federal Government program 
                manager, agency head, and department head with 
                responsibility for any Federal juvenile crime control 
                or juvenile offender accountability program shall 
                submit the juvenile crime control and juvenile offender 
                accountability budget request of the program, agency, 
                or department to the Administrator at the same time as 
                such 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) Timely development and submission.--The head 
                of each department or agency with responsibility for a 
                Federal juvenile crime control or juvenile offender 
                accountability program shall ensure timely development 
                and submission to the Administrator of juvenile crime 
                control and juvenile offender accountability budget 
                requests transmitted pursuant to this subsection, in 
                such format as may be designated by the Administrator 
                with the concurrence of the Administrator of the Office 
                of Management and Budget.
            ``(3) Review and certification.--The Administrator shall--
                    ``(A) review each juvenile crime control and 
                juvenile offender accountability budget request 
                transmitted to the Administrator under paragraph (2);
                    ``(B) certify in writing as to the adequacy of such 
                request in whole or in part to implement the objectives 
                of the National Juvenile Crime Control and Juvenile 
                Offender Accountability Plan for the year for which the 
                request is submitted and, with respect to a request 
                that is not certified as adequate to implement the 
                objectives of the National Juvenile Crime Control and 
                Juvenile Offender Accountability Plan, include in the 
                certification an initiative or funding level that would 
                make the request adequate; and
                    ``(C) notify the program manager, agency head, or 
                department head, as applicable, regarding the 
                certification of the Administrator under subparagraph 
                (B).
            ``(4) Recordkeeping requirement.--The Administrator shall 
        maintain records regarding certifications under paragraph 
        (3)(B).
            ``(5) Funding requests.--The Administrator shall request 
        the head of a department or agency to include in the budget 
        submission of the department or agency to the Office of 
        Management and Budget, funding requests for specific 
        initiatives that are consistent with the priorities of the 
        President for the National Juvenile Crime Control and Juvenile 
        Offender Accountability Plan and certifications made pursuant 
        to paragraph (3), and the head of the department or agency 
        shall comply with such a request.
            ``(6) Reprogramming and transfer requests.--
                    ``(A) In general.--No department or agency with 
                responsibility for a Federal juvenile crime control or 
                juvenile offender accountability program shall submit 
                to Congress a reprogramming or transfer request with 
                respect to any amount of appropriated amounts greater 
                than $5,000,000 that is included in the National 
                Juvenile Crime Control and Juvenile Offender 
                Accountability Plan budget unless such request has been 
                approved by the Administrator.
                    ``(B) Appeal to president.--The head of any 
                department or agency with responsibility for a Federal 
                juvenile crime control or juvenile offender 
                accountability program may appeal to the President any 
                disapproval by the Administrator of a reprogramming or 
                transfer request.
            ``(7) Quarterly reports.--The Administrator shall report to 
        Congress on a quarterly basis regarding the need for any 
        reprogramming or transfer of appropriated amounts for National 
        Juvenile Crime Control and Juvenile Offender Accountability 
        Plan activities.
    ``(d) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any activity 
involving any Federal juvenile crime control and juvenile offender 
accountability program to provide the Administrator with such 
information and reports, and to conduct such studies and surveys, as 
the Administrator determines to be necessary to carry out the purposes 
of this title.
    ``(e) Utilization of Services and Facilities of Other Agencies; 
Reimbursement.--The Administrator may utilize the services and 
facilities of any agency of the Federal Government and of any other 
public agency or institution in accordance with appropriate agreements, 
and to pay for such services either in advance or by way of 
reimbursement as may be agreed upon.
    ``(f) Coordination of Functions of Administrator and Secretary of 
Health and Human Services.--All functions of the Administrator under 
title shall be coordinated as appropriate with the functions of the 
Secretary of Health and Human Services under title III.
    ``(g) Annual Juvenile Delinquency Development Statements.--
            ``(1) In general.--The Administrator shall require through 
        appropriate authority each Federal agency that administers a 
        Federal juvenile crime control and juvenile offender 
        accountability program to submit annually to the Office a 
        juvenile crime control and juvenile offender accountability 
        development statement. Such statement shall be in addition to 
        any information, report, study, or survey that the 
        Administrator may require under subsection (d).
            ``(2) Contents.--Each development statement submitted to 
        the Administrator under paragraph (1) shall contain such 
        information, data, and analyses as the Administrator may 
        require. Such analyses shall include an analysis of the extent 
        to which the program of the Federal agency submitting such 
        development statement conforms with and furthers Federal 
        juvenile crime control and juvenile offender accountability 
        prevention and treatment goals and policies.
            ``(3) Review and comment.--
                    ``(A) In general.--The Administrator shall review 
                and comment upon each juvenile crime control and 
                juvenile offender accountability development statement 
                transmitted to the Administrator under paragraph (1).
                    ``(B) Inclusion in other documentation.--Such 
                development statement, together with the comments of 
                the Administrator, shall be included by the Federal 
                agency involved in every recommendation or request made 
                by such agency for Federal legislation that 
                significantly affects juvenile crime control and 
                juvenile offender accountability.
    ``(h) Juvenile Crime Control and Juvenile Offender Accountability 
Incentive Block Grants.--
            ``(1) In general.--The Administrator shall make, subject to 
        the availability of appropriations, grants to States to assist 
        them in planning, establishing, operating, coordinating, and 
        evaluating projects, directly or through grants and contracts 
        with public and private agencies, for the development of more 
        effective investigation, prosecution, and punishment (including 
        the imposition of graduated sanctions) of crimes or acts of 
        delinquency committed by juveniles, programs to improve the 
        administration of justice for and ensure accountability by 
        juvenile offenders, and programs to reduce the risk factors 
        (such as truancy, drug or alcohol use, and gang involvement) 
        associated with juvenile crime or delinquency.
            ``(2) Use of grants.--Grants under this title may be used--
                    ``(A) for programs to enhance the identification, 
                investigation, prosecution, and punishment of juvenile 
                offenders, such as--
                            ``(i) the utilization of graduated 
                        sanctions;
                            ``(ii) the utilization of short-term 
                        confinement of juveniles who are charged with 
                        or who are convicted of--
                                    ``(I) a crime of violence (as that 
                                term is defined in section 16 of title 
                                18, United States Code);
                                    ``(II) an offense involving a 
                                controlled substance (as that term is 
                                defined in section 102 of the 
                                Controlled Substances Act (21 U.S.C. 
                                802);
                                    ``(III) an offense involving 
                                possession of a firearm (as that term 
                                is defined in section 921(a) of title 
                                18, United States Code); or
                                    ``(IV) an offense involving 
                                possession of a destructive device (as 
                                that term is defined in section 921(a) 
                                of title 18, United States Code); and
                            ``(iii) the incarceration of violent 
                        juvenile offenders for extended periods of 
time (including up to the length of adult sentences);
                    ``(B) for programs that provide restitution to the 
                victims of crimes committed by juveniles;
                    ``(C) for programs that require juvenile offenders 
                to attend and successfully complete school or 
                vocational training;
                    ``(D) for programs that require juvenile offenders 
                who are parents to demonstrate parental responsibility 
                by working and paying child support;
                    ``(E) for programs that seek to curb or punish 
                truancy;
                    ``(F) for programs designed to collect, record, and 
                disseminate information useful in the identification, 
                prosecution, and sentencing of offenders, such as 
                criminal history information, fingerprints, and DNA 
                tests;
                    ``(G) for programs that provide that, whenever a 
                juvenile who is not less than 14 years of age is 
                adjudicated delinquent, as defined by Federal or State 
                law in a juvenile delinquency proceeding for conduct 
                that, if committed by an adult, would constitute a 
                felony under Federal or State law, the State shall 
                ensure that a record is kept relating to the 
                adjudication that is--
                            ``(i) equivalent to the record that would 
                        be kept of an adult conviction for such an 
                        offense;
                            ``(ii) retained for a period of time that 
                        is equal to the period of time that records are 
                        kept for adult convictions;
                            ``(iii) made available to law enforcement 
                        agencies of any jurisdiction; and
                            ``(iv) made available to officials of a 
                        school, school district, or postsecondary 
                        school where the individual who is the subject 
                        of the juvenile record seeks, intends, or is 
                        instructed to enroll, and that such officials 
                        are held liable to the same standards and 
                        penalties that law enforcement and juvenile 
                        justice system employees are held liable to, 
                        under Federal and State law, for handling and 
                        disclosing such information;
                    ``(H) for juvenile crime control and prevention 
                programs (such as curfews, youth organizations, 
                antidrug programs, antigang programs, and after school 
                activities) that include a rigorous, comprehensive 
                evaluation component that measures the decrease in risk 
                factors associated with the juvenile crime and 
                delinquency and employs scientifically valid standards 
                and methodologies;
                    ``(I) for the development and implementation of 
                coordinated multijurisdictional or multiagency programs 
                for the identification, control, supervision, 
                prevention, investigation, and treatment of the most 
                serious juvenile offenses and offenders, sometimes 
                known as a `SHOCAP Program' (Serious Habitual Offenders 
                Comprehensive Action Program); or
                    ``(J) for the development and implementation of 
                coordinated multijurisdictional or multiagency programs 
                for the identification, control, supervision, 
                prevention, investigation, and disruption of youth 
                gangs.
            ``(3) Requirements.--To be eligible to receive a grant 
        under this title, a State shall make reasonable efforts, as 
        certified by the Governor, to ensure that, not later than July 
        1, 2000--
                    ``(A) juveniles age 14 and older can be prosecuted 
                under State law as adults, as a matter of law or 
                prosecutorial discretion for a crime of violence (as 
                that term is defined in section 16 of title 18, United 
                States Code) such as murder or armed robbery, an 
                offense involving a controlled substance (as defined in 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)), or the unlawful possession of a firearm (as that 
                term is defined in section 921(a) of title 18, United 
                States Code) or a destructive device (as that term is 
                defined in section 921(a) of title 18, United States 
                Code);
                    ``(B) the State has in place a system of graduated 
                sanctions for juvenile offenders;
                    ``(C) the State has in place a juvenile court 
                system that treats juvenile offenders uniformly 
                throughout the State;
                    ``(D) the State collects, records, and disseminates 
                information useful in the identification, prosecution, 
                and sentencing of offenders, such as criminal history 
                information, fingerprints, and DNA tests (if taken), to 
                other Federal, State, and local law enforcement 
                agencies;
                    ``(E) the State ensures that religious 
                organizations can participate in rehabilitative 
                programs designed to purposes authorized by this title; 
                and
                    ``(F) the State shall not detain or confine 
                juveniles who are alleged to be or determined to be 
                delinquent in any institution in which the juvenile has 
                regular sustained physical contact with adult persons 
                who are detained or confined.
    ``(i) Distribution by State Offices to Eligible Applicants.--
            ``(1) In general.--Of amounts made available to the State, 
        not more than 20 percent shall be used for programs pursuant to 
        paragraph (2)(ii).
            ``(2) Eligible applicants.--Entities eligible to receive 
        amounts distributed by the State office under this title are--
                    ``(A) a unit of local government;
                    ``(B) local police or sheriff's departments;
                    ``(C) State or local prosecutor's offices;
                    ``(D) State or local courts responsible for the 
                administration of justice in cases involving juvenile 
                offenders;
                    ``(E) schools;
                    ``(F) nonprofit, educational, religious, or 
                community groups active in crime prevention or drug use 
                prevention and treatment; or
                    ``(G) any combination of the entities described in 
                subparagraphs (A) through (F).
    ``(j) Application to State Office.--
            ``(1) In general.--To be eligible to receive amounts from 
        the State office, the applicant shall prepare and submit to the 
        State office an application in written form that--
                    ``(A) describes the types of activities and 
                services for which the amount will be provided;
                    ``(B) includes information indicating the extent to 
                which the activities and services achieve the purposes 
                of the title;
                    ``(C) provide for the evaluation component required 
                by subsection (b)(2), which evaluation shall be 
                conducted by an independent entity; and
                    ``(D) provides any other information that the State 
                office may require.
            ``(2) Priority.--In approving applications under this 
        subsection, the State office should give priority to those 
        applicants demonstrating coordination with, consolidation of, 
        or expansion of existing State or local juvenile crime control 
        and juvenile offender accountability programs.
    ``(k) Funding Period.--The State office may award such a grant for 
a period of not more than 3 years.
    ``(l) Renewal of Grants.--The State office may renew grants made 
under this title. After the initial grant period, in determining 
whether to renew a grant to an entity to carry out activities, the 
State office shall give substantial weight to the effectiveness of the 
activities in achieving reductions in crimes committed by juveniles and 
in improving the administration of justice to juvenile offenders.
    ``(m) Special Grants.--Of amounts made available under this title 
in any fiscal year, the Administrator may use--
            ``(1) not more than 7 percent for grants for research and 
        evaluation;
            ``(2) not more than 3 percent for grants to Indian tribes 
        for purposes authorized by this title; and
            ``(3) not more than 5 percent for salaries and expenses of 
        the Office related to administering this title.''.
    (c) Repeals; Administrative Provisions.--Title II of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
is amended--
            (1) by striking sections 206 and 207 and inserting the 
        following:

``SEC. 206. ALLOCATION OF GRANTS AND AUTHORIZATION OF APPROPRIATIONS.--

    ``(a) Allocation of Grant Amounts.--
            ``(1) In general.--Amounts made available under section 
        204(h) or part B shall be allocated to the States as follows:
                    ``(A) 0.25 percent shall be allocated to each 
                State; and
                    ``(B) of the total amount remaining after the 
                allocation under subparagraph (A), there shall be 
                allocated to each State an amount that bears the same 
                ratio to the amount of remaining funds described in 
                this paragraph as the juvenile population of such State 
                bears to the juvenile population of all the States.
            ``(2) Exceptions.--The amount allocated to the Virgin 
        Islands of the United States, Guam, American Samoa, the Trust 
        Territory of the Pacific Islands, and the Commonwealth of the 
        Northern Mariana Islands shall be not less than $75,000 and not 
        more than $100,000.
            ``(3) Reallocation prohibited.--Any amounts appropriated 
        but not allocated due to the ineligibility or nonparticipation 
        of any State shall not be reallocated, but shall revert to the 
        Treasury at the end of the fiscal year for which they were 
appropriated.
            ``(4) Restrictions on the use of amounts.--
                    ``(A) Experimentation on individuals.--
                            ``(i) In general.--No amounts made 
                        available to carry out this title may be used 
                        for any biomedical or behavior control 
                        experimentation on individuals or any research 
                        involving such experimentation.
                            ``(ii) Definition of `behavior control'.--
                        In this subparagraph, the term `behavior 
                        control'--
                                    ``(I) means any experimentation or 
                                research employing methods that--
                                            ``(aa) involve a 
                                        substantial risk of physical or 
                                        psychological harm to the 
                                        individual subject; and
                                            ``(bb) are intended to 
                                        modify or alter criminal and 
                                        other antisocial behavior, 
                                        including aversive conditioning 
                                        therapy, drug therapy, 
                                        chemotherapy (except as part of 
                                        routine clinical care), 
                                        physical therapy of mental 
                                        disorders, electroconvulsive 
                                        therapy, or physical 
                                        punishment; and
                                    ``(II) does not include a limited 
                                class of programs generally recognized 
                                as involving no such risk, including 
                                methadone maintenance and certain 
                                alcohol treatment programs, 
                                psychological counseling, parent 
                                training, behavior contracting, 
                                survival skills training, restitution, 
                                or community service, if safeguards are 
                                established for the informed consent of 
                                subjects (including parents or 
                                guardians of minors).
                    ``(B) Prohibition against use of amounts in 
                construction.--No amount made available to any public 
                or private agency, or institution or to any individual 
                under this title (either directly or through a State 
                office) may be used for construction, except for minor 
                renovations or additions to an existing structure.
                    ``(C) Job training.--No amount made available under 
                this title may be used to carry out a youth employment 
                program to provide subsidized employment opportunities, 
                job training activities, or school-to-work activities 
                for participants.
                    ``(D) Lobbying.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), no amount made available under 
                        this title to any public or private agency, 
                        organization, or institution or to any 
                        individual shall be used to pay for any 
                        personal service, advertisement, telegram, 
                        telephone communication, letter, printed or 
                        written matter, or other device intended or 
                        designed to influence a Member of Congress or 
                        any other Federal, State, or local elected 
                        official to favor or oppose any Act, bill, 
                        resolution, or other legislation, or any 
                        referendum, initiative, constitutional 
                        amendment, or any other procedure of Congress, 
                        any State legislature, any local council, or 
                        any similar governing body.
                            ``(ii) Exception.--This subparagraph does 
                        not preclude the use of amounts made available 
                        under this title in connection with 
                        communications to Federal, State, or local 
                        elected officials, upon the request of such 
                        officials through proper official channels, 
                        pertaining to authorization, appropriation, or 
                        oversight measures directly affecting the 
                        operation of the program involved.
                    ``(E) Legal action.--No amounts made available 
                under this title to any public or private agency, 
                organization, institution, or to any individual, shall 
                be used in any way directly or indirectly to file an 
                action or otherwise take any legal action against any 
                Federal, State, or local agency, institution, or 
                employee.
                    ``(F) Religious organizations.--
                            ``(i) In general.--The purpose of this 
                        subparagraph is to allow State and local 
                        governments to contract with religious 
                        organizations, or to allow religious 
                        organizations to accept certificates, vouchers, 
                        or other forms of disbursement under any 
                        program described in this title, on the same 
basis as any other nongovernmental provider without impairing the 
religious character of such organizations, and without diminishing the 
religious freedom of beneficiaries of assistance funded under such 
program.
                            ``(ii) Nondiscrimination against religious 
                        organizations.--A State or local government 
                        exercising its authority to distribute grants 
                        to applicants under this title shall ensure 
                        that religious organizations are eligible, on 
                        the same basis as any other private 
                        organization, as contractors to provide 
                        assistance, or to accept certificates, 
                        vouchers, or other forms of disbursement, under 
                        any program described in this title, so long as 
                        the programs are implemented consistent with 
                        the Establishment Clause of the United States 
                        Constitution. Except as provided in clause (x), 
                        neither the Federal Government nor a State 
                        receiving funds under such programs shall 
                        discriminate against an organization which is 
                        or applies to be a contractor to provide 
                        assistance, or which is or applies to be a 
                        contractor to provide assistance, or which 
                        accepts certificates, vouchers, or other forms 
                        of disbursement, on the basis that the 
                        organization has a religious character.
                            ``(iii) Religious character and freedom.--
                                    ``(I) Religious organizations.--A 
                                religious organization that 
                                participates in a program authorized by 
                                this title shall retain its 
                                independence from Federal, State, and 
                                local governments, including such 
                                organization's control over the 
                                definition, development, practice, and 
                                expression of its religious beliefs.
                                    ``(II) Additional safeguards.--
                                Neither the Federal Government nor a 
                                State shall require a religious 
                                organization to--
                                            ``(aa) alter its form of 
                                        internal governance; or
                                            ``(bb) remove religious 
                                        art, icons, scripture, or other 
                                        symbols;
                                in order to be eligible to contract to 
                                provide assistance, or to accept 
                                certificates, vouchers, or other forms 
                                of disbursements, funded under a 
                                program described in this title.
                            ``(iv) Rights of beneficiaries of 
                        assistance.--If juvenile offender has an 
                        objection to the religious character of the 
                        organization or institution from which the 
                        juvenile offender receives, or would receive, 
                        assistance funded under any program described 
                        in this title, the State in which the 
                        individual resides shall provide such 
                        individual (if otherwise eligible for such 
                        assistance) within a reasonable period of time 
                        after the date of such objection with 
                        assistance from an alternative provider.
                            ``(v) Employment practices.--A religious 
                        organization's exemption provided under section 
                        702 of the Civil Rights Act of 1964 (42 U.S.C. 
                        2000e-1a) regarding employment practices shall 
                        not be affected by its participation in, or 
                        receipt of funds from, programs described in 
                        this title.
                            ``(vi) Nondiscrimination against 
                        beneficiaries.--Except as otherwise provided in 
                        law, a religious organization shall not 
                        discriminate against an individual in regard to 
                        rendering assistance funded under any program 
                        described in this title on the basis of 
                        religion, a religious belief, or refusal to 
                        actively participate in a religious practice.
                            ``(vii) Fiscal accountability.--
                                    ``(I) In general.--Subject to 
                                subclause (II), any religious 
                                organization contracting to provide 
                                assistance funded under any program 
                                described in clause (i)(II) shall be 
                                subject to the same regulations as 
                                other contractors to account in accord 
                                with generally accepted auditing 
                                principles for the use of such funds 
                                provided under such programs.
                                    ``(II) Limited audit.--If such 
                                organization segregates Federal funds 
                                provided under such programs into 
                                separate accounts, then only the 
                                financial assistance provided with such 
                                funds shall be subject to audit.
                            ``(viii) Compliance.--Any party which seeks 
                        to enforce its rights under this subparagraph 
may assert a civil action for injunctive relief exclusively in an 
appropriate State court against the entity or agency that allegedly 
commits such violation.
                            ``(ix) Limitations on use of funds for 
                        certain purposes.--No funds provided directly 
                        to institutions or organizations to provide 
                        services and administer programs under this 
                        title shall be expended for sectarian worship, 
                        instruction, or proselytization.
                            ``(x) Preemption.--Nothing in this 
                        subparagraph shall be construed to preempt any 
                        provision of a State constitution or State 
                        statute that prohibits or restricts the 
                        expenditure of State funds in or by religious 
                        organizations.
            ``(5) Penalties.--
                    ``(A) In general.--If any amounts are used for the 
                purposes prohibited in either subparagraph (D) or (E) 
                of paragraph (4)--
                            ``(i) all funding for the agency, 
                        organization, institution, or individual at 
                        issue shall be immediately discontinued; and
                            ``(ii) the agency, organization, 
                        institution, or individual using amounts for 
                        the purpose prohibited in subparagraph (D) or 
                        (E) of paragraph (4) shall be liable for 
                        reimbursement of all amounts granted to the 
                        individual or entity for the fiscal year for 
                        which the amounts were granted.
                    ``(B) Liability for expenses and damages.--In 
                relation to a violation of paragraph (4)(E), the 
                individual filing the lawsuit or responsible for taking 
                the legal action against the Federal, State, or local 
                agency or institution, or individual working for the 
                Government, shall be individually liable for all legal 
                expenses and any other expenses of the government 
                agency, institution, or individual working for the 
                Government, including damages assessed by the jury 
                against the Government agency, institution, or 
                individual working for the government, and any punitive 
                damages.
    ``(b) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this title--
                    ``(A) $650,000,000 for fiscal year 1998;
                    ``(B) $650,000,000 for fiscal year 1999;
                    ``(C) $650,000,000 for fiscal year 2000;
                    ``(D) $650,000,000 for fiscal year 2001; and
                    ``(E) $650,000,000 for fiscal year 2002.
            ``(2) Allocation of appropriations.--Of amounts authorized 
        to be appropriated under paragraph (1) in each fiscal year--
                    ``(A) $500,000,000 shall be for programs under 
                section 204(h); and
                    ``(B) $150,000,000 shall be for programs under part 
                B.
            ``(3) Availability of funds.--Amounts made available 
        pursuant to this subsection, and allocated pursuant to 
        paragraph (1) in any fiscal year shall remain available until 
        expended.

``SEC. 207. ADMINISTRATIVE PROVISIONS.

    ``(a) Authority of Administrator.--The Office shall be administered 
by the Administrator under the general authority of the Attorney 
General.
    ``(b) Applicability of Certain Crime Control Provisions.--Sections 
809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c), 
3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), 3789g(d)) shall apply 
with respect to the administration of and compliance with this Act, 
except that for purposes of this Act--
            ``(1) any reference to the Office of Justice Programs in 
        such sections shall be considered to be a reference to the 
        Assistant Attorney General who heads the Office of Justice 
        Programs; and
            ``(2) the term `this title' as it appears in such sections 
        shall be considered to be a reference to this Act.
    ``(c) Applicability of Certain Other Crime Control Provisions.--
Sections 801(a), 801(c), and 806 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply 
with respect to the administration of and compliance with this Act, 
except that, for purposes of this Act--
            ``(1) any reference to the Attorney General, the Assistant 
        Attorney General who heads the Office of Justice Programs, the 
        Director of the National Institute of Justice, the Director of 
        the Bureau of Justice Statistics, or the Director of the Bureau 
        of Justice Assistance shall be considered to be a reference to 
        the Administrator;
            ``(2) any reference to the Office of Justice Programs, the 
        Bureau of Justice Assistance, the National Institute of 
        Justice, or the Bureau of Justice Statistics shall be 
considered to be a reference to the Office of Juvenile Justice and 
Delinquency Prevention; and
            ``(3) the term `this title' as it appears in such sections 
        shall be considered to be a reference to this Act.
    ``(d) Rules, Regulations, and Procedures.--The Administrator may, 
after appropriate consultation with representatives of States and units 
of local government, establish such rules, regulations, and procedures 
as are necessary for the exercise of the functions of the Office and as 
are consistent with the purpose of this Act.
    ``(e) Withholding.--The Administrator shall initiate such 
proceedings as the Administrator determines to be appropriate if the 
Administrator, after giving reasonable notice and opportunity for 
hearing to a recipient of financial assistance under this title, finds 
that--
            ``(1) the program or activity for which the grant or 
        contract involved was made has been so changed that the program 
        or activity no longer complies with this title; or
            ``(2) in the operation of such program or activity there is 
        failure to comply substantially with any provision of this 
        title.'';
            (2) in part B--
                    (A) in section 221(b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``section 223'' and 
                                inserting ``section 222''; and
                                    (II) by striking ``section 223(c)'' 
                                and inserting ``section 222(c)''; and
                            (ii) in paragraph (2), by striking 
                        ``section 299(c)(1)'' and inserting ``section 
                        222(a)(1)''; and
                    (B) by striking sections 222 and 223 and inserting 
                the following:

``SEC. 222. STATE PLANS.

    ``(a) In General.--In order to receive formula grants under this 
part, a State shall submit a plan for carrying out its purposes 
applicable to a 3-year period. The State shall submit annual 
performance reports to the Administrator which shall describe progress 
in implementing programs contained in the original plan, and shall 
describe the status of compliance with State plan requirements. In 
accordance with regulations which the Administrator shall prescribe, 
such plan shall--
            ``(1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the plan;
            ``(2) contain satisfactory evidence that the State agency 
        designated in accordance with paragraph (1) has or will have 
        authority, by legislation if necessary, to implement such plan 
        in conformity with this part;
            ``(3) provide for the active consultation with and 
        participation of units of general local government or 
        combinations thereof in the development of a State plan which 
        adequately takes into account the needs and requests of local 
        governments, except that nothing in the plan requirements, or 
        any regulations promulgated to carry out such requirements, 
        shall be construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local private 
        agencies, including religious organizations;
            ``(4) provide that the chief executive officer of the unit 
        of general local government shall assign responsibility for the 
        preparation and administration of the local government's part 
        of a State plan, or for the supervision of the preparation and 
        administration of the local government's part of the State 
        plan, to that agency within the local government's structure or 
        to a regional planning agency (in this part referred to as the 
        `local agency') which can most effectively carry out the 
        purposes of this part and shall provide for supervision of the 
        programs funded under this part by that local agency;
            ``(5)(A) provide for--
                    ``(i) an analysis of juvenile crime problems 
                (including the joining of gangs that commit crimes) and 
                juvenile justice and delinquency prevention needs 
                (including educational needs) within the relevant 
                jurisdiction (including any geographical area in which 
                an Indian tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                jurisdiction;
                    ``(ii) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs which are intended to address the same or 
                similar problems; and
                    ``(iii) a plan for the concentration of State 
                efforts which shall coordinate all State juvenile 
                delinquency programs with respect to overall policy and 
development of objectives and priorities for all State juvenile 
delinquency programs and activities, including provision for regular 
meetings of State officials with responsibility in the area of juvenile 
justice and delinquency prevention;
            ``(B) contain--
                    ``(i) an analysis of services for the prevention 
                and treatment of juvenile delinquency in rural areas, 
                including the need for such services, the types of such 
                services available in rural areas, and geographically 
                unique barriers to providing such services; and
                    ``(ii) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas; and
            ``(C) contain--
                    ``(i) an analysis of mental health services 
                available to juveniles in the juvenile justice system 
                (including an assessment of the appropriateness of the 
                particular placements of juveniles in order to receive 
                such services) and of barriers to access to such 
                services; and
                    ``(ii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system;
            ``(6) provide for the active consultation with and 
        participation of private agencies in the development and 
        execution of the State plan; and provide for coordination and 
        maximum utilization of existing juvenile delinquency programs 
        and other related programs, such as education, special 
        education, recreation, health, and welfare within the State;
            ``(7) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(8) provide that not less than 75 percent of the funds 
        made available to the State pursuant to grants under section 
        221, whether expended directly by the State, by the unit of 
        general local government, or by a combination thereof, or 
        through grants and contracts with public or private nonprofit 
        agencies, shall be used for--
                    ``(A) community-based alternatives (including home-
                based alternatives) to incarceration and 
                institutionalization, specifically--
                            ``(i) for youth who can remain at home with 
                        assistance, home probation and programs 
                        providing professional supervised group 
                        activities or individualized mentoring 
                        relationships with adults that involve the 
                        family and provide counseling and other 
                        supportive services;
                            ``(ii) for youth who need temporary 
                        placement, crisis intervention, shelter, and 
                        after-care; and
                            ``(iii) for youth who need residential 
                        placement, a continuum of foster care or group 
                        home alternatives that provide access to a 
                        comprehensive array of services;
                    ``(B) community-based programs and services to work 
                with--
                            ``(i) parents and other family members to 
                        strengthen families, including parent self-help 
                        groups, so that juveniles may be retained in 
                        their homes;
                            ``(ii) juveniles during their 
                        incarceration, and with their families, to 
                        ensure the safe return of such juveniles to 
                        their homes and to strengthen the families; and
                            ``(iii) parents with limited-English 
                        speaking ability, particularly in areas where 
                        there is a large population of families with 
                        limited-English speaking ability;
                    ``(C) comprehensive juvenile justice and 
                delinquency prevention programs that meet the needs of 
                youth through the collaboration of the many local 
                systems before which a youth may appear, including 
                schools, courts, law enforcement agencies, child 
                protection agencies, mental health agencies, welfare 
                services, health care agencies, and private nonprofit 
                agencies offering youth services;
                    ``(D) projects designed to develop and implement 
                programs stressing advocacy activities aimed at 
                improving services for and protecting the rights of 
                youth affected by the juvenile justice system;
                    ``(E) educational programs or supportive services 
                for delinquent or other juveniles, provided equitably 
                regardless of sex, race, or family income, designed 
                to--
                            ``(i) encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations, including--
                                    ``(I) education in settings that 
                                promote experiential, 
individualized learning and exploration of academic and career options;
                                    ``(II) assistance in making the 
                                transition to the world of work and 
                                self-sufficiency;
                                    ``(III) alternatives to suspension 
                                and expulsion; and
                                    ``(IV) programs to counsel 
                                delinquent juveniles and other 
                                juveniles regarding the opportunities 
                                that education provides; and
                            ``(ii) enhance coordination with the local 
                        schools that such juveniles would otherwise 
                        attend, to ensure that--
                                    ``(I) the instruction that 
                                juveniles receive outside school is 
                                closely aligned with the instruction 
                                provided in school; and
                                    ``(II) information regarding any 
                                learning problems identified in such 
                                alternative learning situations are 
                                communicated to the schools;
                    ``(F) expanded use of home probation and 
                recruitment and training of home probation officers, 
                other professional and paraprofessional personnel, and 
                volunteers to work effectively to allow youth to remain 
                at home with their families as an alternative to 
                incarceration or institutionalization;
                    ``(G) youth-initiated outreach programs designed to 
                assist youth (including youth with limited proficiency 
                in English) who otherwise would not be reached by 
                traditional youth assistance programs;
                    ``(H) programs designed to develop and implement 
                projects relating to juvenile delinquency and learning 
                disabilities, including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and other 
                handicapped youth;
                    ``(I) projects designed both to deter involvement 
                in illegal activities and to promote involvement in 
                lawful activities on the part of gangs whose membership 
                is substantially composed of youth;
                    ``(J) programs and projects designed to provide for 
                the treatment of youths' dependence on or abuse of 
                alcohol or other addictive or nonaddictive drugs;
                    ``(K) law-related education programs (and projects) 
                for delinquent and at-risk youth designed to prevent 
                juvenile delinquency;
                    ``(L) programs for positive youth development that 
                assist delinquent and other at-risk youth in 
                obtaining--
                            ``(i) a sense of safety and structure;
                            ``(ii) a sense of belonging and membership;
                            ``(iii) a sense of self-worth and social 
                        contribution;
                            ``(iv) a sense of independence and control 
                        over one's life;
                            ``(v) a sense of closeness in interpersonal 
                        relationships; and
                            ``(vi) a sense of competence and mastery 
                        including health and physical competence, 
                        personal and social competence, cognitive and 
                        creative competence, vocational competence, and 
                        citizenship competence, including ethics and 
                        participation;
                    ``(M) programs that, in recognition of varying 
                degrees of the seriousness of delinquent behavior and 
                the corresponding gradations in the responses of the 
                juvenile justice system in response to that behavior, 
                are designed to--
                            ``(i) encourage courts to develop and 
                        implement a continuum of post-adjudication 
                        restraints that bridge the gap between 
                        traditional probation and confinement in a 
                        correctional setting (including expanded use of 
                        probation, mediation, restitution, community 
                        service, treatment, home detention, intensive 
                        supervision, electronic monitoring, boot camps 
                        and similar programs, and secure community-
                        based treatment facilities linked to other 
                        support services such as health, mental health, 
                        education (remedial and special), job training, 
                        and recreation); and
                            ``(ii) assist in the provision by the 
                        Administrator of information and technical 
                        assistance, including technology transfer, to 
                        States in the design and utilization of risk 
                        assessment mechanisms to aid juvenile justice 
                        personnel in determining appropriate sanctions 
                        for delinquent behavior;
                    ``(N) programs designed to prevent and reduce hate 
                crimes committed by juveniles, including educational 
                programs and sentencing programs designed specifically 
                for juveniles who commit hate crimes and that provide 
                alternatives to incarceration; and
                    ``(O) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited-English speaking ability that 
                include delinquent juveniles to overcome language and 
                cultural barriers that may prevent the complete 
                treatment of such juveniles and the preservation of 
                their families;
            ``(9) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(10) provide that the State shall not detain or confine 
        juveniles who are alleged to be or determined to be delinquent 
        in any institution in which the juvenile has regular sustained 
        physical contact with adult persons who are detained or 
        confined;
            ``(11) provide for an adequate system of monitoring jails, 
        detention facilities, correctional facilities, and nonsecure 
        facilities to ensure that the requirements of paragraph (10) 
        are met, and for annual reporting of the results of such 
        monitoring to the Administrator, except that such reporting 
        requirements shall not apply in the case of a State which is in 
        compliance with the other requirements of this paragraph, which 
        is in compliance with the requirements in paragraph (10), and 
        which has enacted legislation which conforms to such 
        requirements and which contains, in the opinion of the 
        Administrator, sufficient enforcement mechanisms to ensure that 
        such legislation will be administered effectively;
            ``(12) provide assurance that youth in the juvenile justice 
        system are treated equitably on the basis of gender, race, 
        family income, and mentally, emotionally, or physically 
        handicapping conditions;
            ``(13) provide assurance that consideration will be given 
        to and that assistance will be available for approaches 
        designed to strengthen the families of delinquent and other 
        youth to prevent juvenile delinquency (which approaches should 
        include the involvement of grandparents or other extended 
        family members when possible and appropriate and the provision 
        of family counseling during the incarceration of juvenile 
        family members and coordination of family services when 
        appropriate and feasible);
            ``(14) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        such services provided to any individual under the State plan;
            ``(15) provide for such fiscal control and fund accounting 
        procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;
            ``(16) provide reasonable assurances that Federal funds 
        made available under this part for any period 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 the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds; and
            ``(17) provide that the State agency designated under 
        paragraph (1) will from time to time, but not less often than 
        annually, review its plan and submit to the Administrator an 
        analysis and evaluation of the effectiveness of the programs 
        and activities carried out under the plan, and any 
        modifications in the plan, including the survey of State and 
        local needs, which it considers necessary.
    ``(b) Approval by State Agency.--The State agency designated under 
subsection (a)(1) shall approve the State plan and any modification 
thereof prior to submission to the Administrator.
    ``(c) Approval by Administrator; Compliance With Statutory 
Requirements.--
            ``(1) In general.--The Administrator shall approve any 
        State plan and any modification thereof that meets the 
        requirements of this section.
            ``(2) Reduced allocations.--If a State fails to comply with 
        any requirement of subsection (a)(10) in any fiscal year 
        beginning after January 1, 1998, the State shall be ineligible 
        to receive any allocation under that section for such fiscal 
        year unless--
                    ``(A) the State agrees to expend all the remaining 
                funds the State receives under this part for that 
                fiscal year only to achieve compliance with such 
                paragraph; or
                    ``(B) the Administrator determines, in the 
                discretion of the Administrator, that the State--
                            ``(i) has achieved substantial compliance 
                        with such paragraph; and
                            ``(ii) has made, through appropriate 
                        executive or legislative action, an unequivocal 
                        commitment to achieving full compliance within 
                        a reasonable time.''; and
            (3) by striking parts C, D, E, F, G, and H, and each part 
        designated as part I.

SEC. 1163. RUNAWAY AND HOMELESS YOUTH.

    Section 385 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5751) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``1993 and such 
                sums as may be necessary for fiscal years 1994, 1995, 
                and 1996'' and inserting ``1998 and such sums as may be 
                necessary for fiscal years 1999, 2000, 2001, and 
                2002''; and
                    (B) by striking paragraph (3) and redesignating 
                paragraphs (4) and (5) as paragraphs (3) and (4), 
                respectively;
            (2) in subsection (b), by striking ``1993 and such sums as 
        may be necessary for fiscal years 1994, 1995, and 1996'' and 
        inserting ``1998 and such sums as may be necessary for fiscal 
        years 1999, 2000, 2001, and 2002''; and
            (3) in subsection (c), by striking ``1993, 1994, 1995, and 
        1996'' and inserting ``1998, 1999, 2000, 2001, and 2002''.

SEC. 1164. AUTHORIZATION OF APPROPRIATIONS.

    Title IV of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5771 et seq.) is amended--
            (1) in section 403, by striking paragraph (2) and inserting 
        the following:
            ``(2) the term `Administrator' means the Administrator of 
        the Office of Juvenile Crime Control and Accountability.'';
            (2) by striking section 404; and
            (3) in section 408, by striking ``1993, 1994, 1995, and 
        1996'' and inserting ``1998, 1999, 2000, 2001, and 2002''.

SEC. 1165. REPEAL.

    Title V of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5781 et seq.) is repealed.

SEC. 1166. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) Definitions.--In this section, unless otherwise provided or 
indicated by the context--
            (1) the term ``Administrator of the Office'' means the 
        Administrator of the Office of Juvenile Justice and Delinquency 
        Prevention;
            (2) the term ``Bureau of Justice Assistance'' means the 
        bureau established under section 401 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968;
            (3) the term ``Administrator'' means the Administrator of 
        the Office of Juvenile Crime Control and Accountability 
        established by operation of subsection (b);
            (4) the term ``Federal agency'' has the meaning given the 
        term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (5) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (6) the term ``Office of Juvenile Crime Control and 
        Accountability'' means the office established by operation of 
        subsection (b);
            (7) the term ``Office of Juvenile Justice and Delinquency 
        Prevention'' means the Office of Juvenile Justice and 
        Delinquency Prevention within the Department of Justice, 
        established by section 201 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974, as in effect on the day 
        before the date of enactment of this Act; and
            (8) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
    (b) Transfer of Functions.--There are transferred to the Office of 
Juvenile Crime Control and Accountability all functions that the 
Administrator of the Office exercised before the date of enactment of 
this Act (including all related functions of any officer or employee of 
the Office of Juvenile Justice and Delinquency Prevention), and 
authorized after the enactment of this Act, relating to carrying out 
the Juvenile Justice and Delinquency Prevention Act of 1974.
    (c) Transfer and Allocations of Appropriations and Personnel.--
            (1) In general.--Except as otherwise provided in this 
        section and in section 101(a) (relating to Juvenile Justice 
        Programs) of the Omnibus Consolidated Appropriations Act, 1997, 
        the personnel employed in connection with, and the assets, 
        liabilities, contracts, property, records, and unexpended 
        balances of appropriations, authorizations, allocations, and 
        other amounts employed, used, held, arising from, available to, 
        or to be made available in connection with the functions 
transferred by this section, subject to section 1531 of title 31, 
United States Code, shall be transferred to the Office of Juvenile 
Crime Control and Accountability.
            (2) Unexpended amounts.--Any unexpended amounts transferred 
        pursuant to this subsection shall be used only for the purposes 
        for which the amounts were originally authorized and 
        appropriated.
    (d) Incidental Transfers.--
            (1) In general.--The Director of the Office of Management 
        and Budget, at such time or times as the Director of that 
        Office shall provide, may make such determinations as may be 
        necessary with regard to the functions transferred by this 
        section, and to make such additional incidental dispositions of 
        personnel, assets, liabilities, grants, contracts, property, 
        records, and unexpended balances of appropriations, 
        authorizations, allocations, and other amounts held, used, 
        arising from, available to, or to be made available in 
        connection with such functions, as may be necessary to carry 
        out this section.
            (2) Termination of affairs.--The Director of the Office of 
        Management and Budget shall provide for the termination of the 
        affairs of all entities terminated by this section and for such 
        further measures and dispositions as may be necessary to 
        effectuate the purposes of this section.
    (e) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for 1 year after the date of transfer of such employee under 
        this section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day before the 
        date of enactment of this Act, held a position compensated in 
        accordance with the Executive Schedule prescribed in chapter 53 
        of title 5, United States Code, and who, without a break in 
        service, is appointed in the Office of Juvenile Crime Control 
        and Accountability to a position having duties comparable to 
        the duties performed immediately preceding such appointment 
        shall continue to be compensated in such new position at not 
        less than the rate provided for such previous position, for the 
        duration of the service of such person in such new position.
            (3) Transition rule.--
                    (A) In general.--The incumbent Administrator of the 
                Office as of the date immediately preceding the date of 
                enactment of this Act shall continue to serve as 
                Administrator after the enactment of this Act until 
                such time as the incumbent resigns, is relieved of duty 
                by the President, or an Administrator is appointed by 
                the President, by and with the advice and consent of 
                the Senate.
                    (B) Nominee.--Not later than 6 months after the 
                date of enactment of this Act, the President shall 
                submit to the Senate for its consideration the name of 
                the individual nominated to be appointed as the 
                Administrator.
    (f) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official thereof, or by a court of 
                competent jurisdiction, in the performance of functions 
                that are transferred under this section; and
                    (B) that are in effect at the time this section 
                takes effect, or were final before the date of 
                enactment of this Act and are to become effective on or 
                after the date of enactment of this Act, shall continue 
                in effect according to their terms until modified, 
                terminated, superseded, set aside, or revoked in 
                accordance with law by the President, the 
                Administrator, or other authorized official, a court of 
                competent jurisdiction, or by operation of law.
            (2) Proceedings not affected.--
                    (A) In general.--This section shall not affect any 
                proceedings, including notices of proposed rulemaking, 
                or any application for any license, permit, 
                certificate, or financial assistance pending before the 
                Office of Juvenile Justice and Delinquency Prevention 
                on the date on which this section takes effect, with 
                respect to functions transferred by this section but 
                such proceedings and applications shall be continued.
                    (B) Orders; appeals; payments.--Orders shall be 
                issued in such proceedings, appeals shall be taken 
                therefrom, and payments shall be made pursuant to such 
                orders, as if this section had not been enacted, and 
                orders issued in any such proceedings shall continue in 
                effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law.
                    (C) Discontinuance or modification.--Nothing in 
                this paragraph shall be construed to prohibit the 
                discontinuance or modification of any such proceeding 
                under the same terms and conditions and to the same 
                extent that such proceeding could have been 
                discontinued or modified if this paragraph had not been 
                enacted.
            (3) Suits not affected.--This section shall not affect 
        suits commenced before the date of enactment of this Act, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Office of Juvenile 
        Justice and Delinquency Prevention, or by or against any 
        individual in the official capacity of such individual as an 
        officer of the Office of Juvenile Justice and Delinquency 
        Prevention, shall abate by reason of the enactment of this 
        section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Office of 
        Juvenile Justice and Delinquency Prevention relating to a 
        function transferred under this section may be continued, to 
        the extent authorized by this section, by the Office of 
        Juvenile Crime Control and Accountability with the same effect 
        as if this section had not been enacted.
    (g) Transition.--The Administrator may utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Office of Juvenile Justice and Delinquency 
        Prevention with respect to functions transferred to the Office 
        of Juvenile Crime Control and Accountability by this section; 
        and
            (2) amounts appropriated to such functions for such period 
        of time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
    (h) References.--Reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention with regard to functions transferred by 
        operation of subsection (b), shall be considered to refer to 
        the Administrator of the Office of Juvenile Crime Control and 
        Accountability; and
            (2) the Office of Juvenile Justice and Delinquency 
        Prevention with regard to functions transferred by operation of 
        subsection (b), shall be considered to refer to the Office of 
        Juvenile Crime Control and Accountability.
    (i) Technical and Conforming Amendment.--Section 5315 of title 5, 
United States Code, is amended by striking ``Administrator, Office of 
Juvenile Crime Control and Accountability''.

SEC. 1167. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

    (a) Violent Crime Control and Law Enforcement Act of 1994.--
            (1) Title iii.--Title III of the Violent Crime Control and 
        Law Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is 
        amended by striking subtitles A through S, subtitle U, and 
        subtitle X.
            (2) Title v.--Title V of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 3797 et seq.) is repealed.
            (3) Title xxvii.--Title XXVII of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is 
        repealed.
    (b) Elementary and Secondary Education Act.--
            (1) Title iv.--Title IV of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7101) is repealed.
            (2) Title v.--Part C of title V of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is 
        repealed.
    (c) Public Health Service Act.--Section 517 of the Public Health 
Service Act (42 U.S.C. 290bb-23) is repealed.
    (d) Human Services Reauthorization Act.--Section 408 of the Human 
Services Reauthorization Act is repealed.
    (e) Community Services Block Grants Act.--Section 682 of the 
Community Services Block Grants Act (42 U.S.C. 9901) is repealed.
    (f) Anti-Drug Abuse Act.--Subtitle B of title III of the Anti-Drug 
Abuse Act of 1988 (42 U.S.C. 11801 et seq.) is amended by striking 
chapters 1 and 2.

SEC. 1168. CIVIL MONETARY PENALTY SURCHARGE.

    (a) Imposition.--Subject to subsection (b) and notwithstanding any 
other provision of law, a surcharge of 40 percent of the principal 
amount of a civil monetary penalty shall be added to each civil 
monetary penalty assessed by the United States or any agency thereof at 
the time the penalty is assessed.
    (b) Limitation.--This section does not apply to any monetary 
penalty assessed under the Internal Revenue Code of 1986.
    (c) Use of Surcharges.--Amounts collected from the surcharge 
imposed under this section shall be used for Federal programs to combat 
youth violence.
    (d) Effective Dates.--
            (1) In general.--A surcharge under subsection (b) shall be 
        added to each civil monetary penalty assessed on or after the 
        later of October 1, 1997 and the date of enactment of this Act.
            (2) Expiration of authority.--The authority to add a 
        surcharge under this subsection shall terminate at the close of 
        September 30, 2002.
                                 <all>