[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 899 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 899
To reduce crime and protect the public in the 21st Century by
strengthening Federal assistance to State and local law enforcement,
combating illegal drugs and preventing drug use, attacking the criminal
use of guns, promoting accountability and rehabilitation of juvenile
criminals, protecting the rights of victims in the criminal justice
system, and improving criminal justice rules and procedures, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 1999
Mr. Hatch (for himself, Mr. Thurmond, Mr. Specter, Mr. DeWine, Mr.
Ashcroft, Mr. Abraham, Mr. Sessions, and Mr. Grams) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To reduce crime and protect the public in the 21st Century by
strengthening Federal assistance to State and local law enforcement,
combating illegal drugs and preventing drug use, attacking the criminal
use of guns, promoting accountability and rehabilitation of juvenile
criminals, protecting the rights of victims in the criminal justice
system, and improving criminal justice rules and procedures, 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) In General.--This Act may be cited as the ``21st Century
Justice Act of 1999''.
(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--NEW MILLENNIUM LAW ENFORCEMENT ASSISTANCE
Sec. 1001. Short title.
Subtitle A--Local Law Enforcement Block Grants
Sec. 1101. Short title; definitions.
Sec. 1102. Payments to local governments.
Sec. 1103. Authorization of appropriations.
Sec. 1104. Qualification for payment.
Sec. 1105. Allocation and distribution of funds.
Sec. 1106. Utilization of private sector.
Sec. 1107. Public participation.
Sec. 1108. Administrative provisions.
Subtitle B--New Millennium Public Safety And Policing Grants
Sec. 1201. Authority to make public safety and policing grants.
Sec. 1202. Applications for grants.
Sec. 1203. Renewal of grants.
Sec. 1204. Limitation on use of funds.
Sec. 1205. Authorization of appropriations.
Sec. 1206. Clerical amendments.
Subtitle C--Crime Identification Technology Act Improvements
Sec. 1301. Findings.
Sec. 1302. Crime Identification Technology Act improvements.
Sec. 1303. Violent offender DNA identification.
Subtitle D--Protection of State and Local Police and Corrections
Officers
Chapter 1--State Correctional Officers and Other State Officials
Sec. 1401. Killing persons aiding Federal investigations or State
correctional officers.
Chapter 2--Access To Body Armor; Donations of Body Armor
Sec. 1411. Short title.
Sec. 1412. Findings.
Sec. 1413. Definitions.
Sec. 1414. Amendment of sentencing guidelines with respect to body
armor.
Sec. 1415. Donation of Federal surplus body armor to State and local
law enforcement agencies.
Chapter 3--Grant Programs for Purchase of Body Armor and Video Cameras
Sec. 1421. Findings; purpose.
Sec. 1422. Matching grant programs for law enforcement bullet resistant
equipment and for video cameras.
Sec. 1423. Sense of Congress.
Sec. 1424. Technology development.
Sec. 1425. Matching grant program for law enforcement armor vests.
Chapter 4--Miscellaneous
Sec. 1431. Inclusion of railroad police officers in FBI law enforcement
training.
TITLE II--COMBATTING DRUGS AND CRIME
Subtitle A--New Millennium Drug Free Act
Sec. 2001. Short title.
Chapsubchapter a--international crimetion
Part I--International Crime Control
Sec. 2011. Short title.
Sec. 2012. Felony punishment for violence committed along the United
States border.
Part II--Strengthening Maritime Law Enforcement Along United States
Borders
Sec. 2021. Sanctions for failure to heave to, obstructing a lawful
boarding, and providing false information.
Sec. 2022. Civil penalties to support maritime law enforcement.
Sec. 2023. Customs orders.
Part III--Smuggling of Contraband and Other Illegal Products
Sec. 2031. Smuggling contraband and other goods from the United States.
Sec. 2032. Customs duties.
Sec. 2033. False certifications relating to exports.
Part IV--Denying Safe Havens to International Criminals
Sec. 2041. Extradition for offenses not covered by a list treaty.
Sec. 2042. Extradition absent a treaty.
Sec. 2043. Technical and conforming amendments.
Sec. 2044. Temporary transfer of persons in custody for prosecution.
Sec. 2045. Prohibiting fugitives from benefiting from fugitive status.
Sec. 2046. Transfer of foreign prisoners to serve sentences in country
of origin.
Sec. 2047. Transit of fugitives for prosecution in foreign countries.
Part V--Seizing and Forfeiting Assets of International Criminals
Sec. 2051. Criminal penalties for violations of anti-money laundering
orders.
Sec. 2052. Cracking down on illegal money transmitting businesses.
Sec. 2053. Expansion of civil money laundering laws to reach foreign
persons.
Sec. 2054. Punishment of money laundering through foreign banks.
Sec. 2055. Authority to order convicted criminals to return property
located abroad.
Sec. 2056. Exempting financial enforcement data from unnecessary
disclosure.
Sec. 2057. Criminal and civil penalties under the International
Emergency Economic Powers Act.
Sec. 2058. Attempted violations of the Trading with the enemy Act.
Sec. 2059. Jurisdiction over certain financial crimes committed abroad.
Part VI--Promoting Global Cooperation in the Fight Against
International Crime
Sec. 2071. Streamlined procedures for execution of MLAT requests.
Sec. 2072. Temporary transfer of incarcerated witnesses.
Sec. 2073. Training of foreign law enforcement agencies.
Sec. 2074. Discrsubchapter b--international drug controlceeds.
Sec. 2101. Annual country plans for drug-transit and drug producing
countries.
Sec. 2102. Prohibition on use of funds for counternarcotics activities
and assistance.
Sec. 2103. Sense of Congress regarding Colombia.
Sec. 2104. Sense of Congress regarding Mexico.
Sec. 2105. Sense of Congress regarding Iran.
Sec. 2106. Sense of Congress regarding Syria.
Sec. 2107. Brazil.
Sec. 2108. Jamaica.
Sec. 2109.subchapter c--foreign military counter-drug support
Secsubchapter d--additional funding for source and interdiction zone
countries
Sec. 2131. Source zone countries.
Sec. 2132. Central America.
Chsubchapter a--criminal offenderst
Sec. 2201. Drug offenses committed in the presence of children.
Sec. 2202. Border defense.
Sec. 22subchapter b--powder cocaine mandatory minimum sentencing
Sec. 2211. Sentencinsubchapter c--drug-free bordersine powder.
Sec. 2221. Increased number of border patrol agents.
Sec. 2222. Enhanced border patrol pursuit policy.
subchapter a--education, prevention, and treatment
Sec. 2251. Sense of Congress on reauthorization of Safe and Drug-Free
Schools and Communities Act of 1994.
Sec. 2252. Sense of Congress regarding reauthorization of prevention
and treatment programs.
Sec. 2253. Report on drug-testing technologies.
Sec. 2254. Use of National Institutes of Health substance abuse
research.
Sec. 2255. Needle exchange.
Sec. 2256. Drug-free teen drivers incentive.
Sec. 2257. Drug-free schools.
Sec. 2258. Victim and witness assistance programs for teachers and
students.
Sec. 2259. Innovativsubchapter b--drug-free familiesnd students.
Sec. 2271. Short title.
Sec. 2272. Findings.
Sec. 2273. Purposes.
Sec. 2274. Definitions.
Sec. 2275. Establishment of drug-free families support program.
Sec. 2276. Authorization of appropriations.
Chapter 4--Funding subchapter a--border activitiesEnforcement Agencies
Sec. 2301. Authorization of appropriations.
Sec. 2302. Cargo inspection and narcotics detection equipment.
Sec. 2303. Peak hours and investigative resource enhancement.
Sec. 2304. Air and marine operation and maintenance funding.
Sec. 2305. Compliance with performance plan requirements.
Sec. 2306. Commissioner of Customs salary.
Sec. 2307. Passesubchapter b--united states coast guard
Sec. 2311. Adsubchapter c--drug enforcement administratione.
Sec. 2321. Additional funding for counternarcotics and information
subchapter d--department of the treasury
Sec. 2331. Additiosubchapter e--department of defenseation support.
Sec. 2341. Additional funding for expansion of counternarcotics
activities.
Sec. 2342. Forward military base for counternarcotics matters.
Sec. 2343. Expansion of radar coverage and operation in source and
transit countries.
Sec. 2344. Sense of Congress regarding funding under Western Hemisphere
Drug Elimination Act.
Sec. 2345. Sense of Congress regarding priority of drug interdiction
and counterdrug activities of the
Department of Defense.
Chapter 5--Faith-based Substance Abuse Treatment
Sec. 2350. Short title.
Sec. 2351. Prevention and treatment of substance abuse; services
provided through religious organizations.
Chapter 6--Methamphetamine Laboratories
Sec. 2361. Short title.
Sec. 2362. Enhanced punishment of methamphetamine laboratory operators.
Sec. 2363. Increased resources for law enforcement.
Sec. 2364. Methamphetamine paraphernalia.
Sec. 2365. Mandatory restitution.
Sec. 2366. Sense of Congress regarding methamphetamine laboratory
cleanup.
Chapter 7--Doctor Prescriptions of Schedule I Substances
Sec. 2371. Restrictions on doctors prescribing schedule I substances.
Subtitle B--Drug Treatment
Sec. 2401. Coordinated juvenile services grants.
Sec. 2402. Jail-based substance abuse treatment programs.
Sec. 2403. Juvenile substance abuse courts.
Subtitle C--Gangs and Domestic Terrorism
Chapter 1--Juvenile Gangs
Sec. 2501. Solicitation or recruitment of persons in criminal street
gang activity.
Sec. 2502. Increased penalties for using minors to distribute drugs.
Sec. 2503. Penalties for use of minors in crimes of violence.
Sec. 2504. High intensity interstate gang activity areas.
Sec. 2505. Increased penalty for use of physical force to tamper with
witnesses, victims, or informants.
Chapter 2--Travel Act Amendment
Sec. 2511. Interstate and foreign travel or transportation in aid of
criminal gangs.
Chapter 3--Distribution of Information on Destructive Devices
Sec. 2521. Criminal prohibition on distribution of certain information
relating to explosives, destructive
devices, and weapons of mass destruction.
Chapter 4--Animal Enterprise Terrorism and Ecoterrorism
Sec. 2531. Enhancement of penalties for animal enterprise terrorism.
Sec. 2532. National animal terrorism and ecoterrorism incident
clearinghouse.
Subtitle D--High Intensity Drug Trafficking Areas
Sec. 2601. Findings; purpose.
Sec. 2602. Designation of Northern Border as high intensity drug
trafficking area.
Sec. 2603. Authorization of appropriations.
TITLE III--CRIMINAL USE OF FIREARMS BY FELONS
Subtitle A--Criminal Use of Firearms by Felons
Sec. 3001. Short title.
Sec. 3002. Criminal use of firearms by felons program.
Sec. 3003. Annual reports.
Sec. 3004. Authorization of appropriations.
Subtitle B--Apprehension and Treatment of Armed Violent Criminals
Sec. 3101. Apprehension and procedural treatment of armed violent
criminals.
TITLE IV--JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION
Subtitle A--Juvenile Justice Reform
Sec. 4101. Repeal of general provision.
Sec. 4102. Treatment of Federal juvenile offenders.
Sec. 4103. Definitions.
Sec. 4104. Notification after arrest.
Sec. 4105. Release and detention prior to disposition.
Sec. 4106. Speedy trial.
Sec. 4107. Dispositional hearings.
Sec. 4108. Use of juvenile records.
Sec. 4109. Implementation of a sentence for juvenile offenders.
Sec. 4110. Magistrate judge authority regarding juvenile defendants.
Sec. 4111. Federal sentencing guidelines.
Sec. 4112. Study and report on Indian tribal jurisdiction.
Subtitle B--Juvenile Crime Control, Accountability, and Delinquency
Prevention
Chapter 1--Reform of the Juvenile Justice and Delinquency Prevention
Act of 1974
Sec. 4201. Findings; declaration of purpose; definitions.
Sec. 4202. Juvenile crime control and prevention.
Sec. 4203. Runaway and homeless youth.
Sec. 4204. National Center for Missing and Exploited Children.
Sec. 4205. Transfer of functions and savings provisions.
Chapter 2--Accountability For Juvenile Offenders and Public Protection
Incentive Grants
Sec. 4221. Block grant program.
Sec. 4222. Pilot program to promote replication of recent successful
juvenile crime reduction strategies.
Sec. 4223. Repeal of unnecessary and duplicative programs.
Sec. 4224. Extension of Violent Crime Reduction Trust Fund.
Sec. 4225. Reimbursement of States for costs of incarcerating juvenile
aliens.
Sec. 4226. Sense of Congress.
Chapter 3--Alternative Education and Delinquency Prevention
Sec. 4231. Alternative education.
Subtitle C--General Provisions
Sec. 4301. Prohibition on firearms possession by violent juvenile
offenders.
Sec. 4302. Protecting juveniles from alcohol abuse.
TITLE V--PROTECTING VICTIMS OF CRIME
Subtitle A--Victims Rights
Sec. 5001. Short title.
Chapter 1--General Reforms
Sec. 5101. Victim allocution in pretrial detention proceedings.
Sec. 5102. Victim defined.
Sec. 5103. Right of victim to speedy trial.
Sec. 5104. Right of victim to just sentence.
Sec. 5105. Right of victim to notice of release or escape.
Sec. 5106. Rights of victims in plea agreements.
Sec. 5107. Right of victim to participate in sentence adjustment
hearings.
Sec. 5108. Enhanced right to be present at trial.
Sec. 5109. Pilot programs to establish ombudsman programs for crime
victims.
Sec. 5110. Amendments to Victims of Crime Act of 1984.
Chapter 2--Victim Restitution Enforcement
Sec. 5121. Short title.
Sec. 5122. Procedure for issuance and enforcement of restitution order.
Sec. 5123. Civil remedies.
Sec. 5124. Fines.
Sec. 5125. Resentencing.
Subtitle B--Combating Violence Against Women and Children
Chapter 1--Violence Against Women
Sec. 5201. Short title.
subchapter a--strengthening law enforcement to reduce violence against
women
Sec. 5203. Full faith and credit enforcement of protection orders.
Sec. 5204. Reauthorization of STOP grants.
Sec. 5205. Reauthorization of grants to encourage arrest policies.
Sec. 5206. Grants to reduce violent crimes against women on campus.
Sec. 5207. Reauthorization of rural domestic violence and child abuse
enforcement grants.
Sec. 5208. National stalker and domestic violence reduction.
Sec. 5209. Domestic violence and stalking offenses.
Sec. 5210. Domestic violence against women by members of the Armed
subchapter b--strengthening services to victims of violence
Sec. 5211. Shelters for battered women and children.
Sec. 5212. National domestic violence hotline.
Sec. 52subchapter c--limiting the effects of violence on children
Sec. 5214. Reauthorization of runaway and homeless youth grants.
Ssubchapter d--strengthening education and training to combat violence
against women
Sec. 5216. Education and training to end violence against and abuse of
women with disabilities.
Sec. 5217. Community initiatives.
Chapter 2--General Reforms
Sec. 5221. Participation of religious organizations in Violence Against
Women Act of 1994 programs.
Sec. 5222. Death penalty for fatal interstate domestic violence
offenses.
Sec. 5223. Death penalty for fatal interstate violations of protective
orders.
Sec. 5224. Evidence of disposition of defendant toward victim in
domestic violence cases and other cases.
Sec. 5225. HIV testing of defendants in sexual assault cases.
Chapter 3--Miscellaneous Provisions
Sec. 5231. Increased penalties for possession of material involving the
sexual exploitation of minors and material
constituting or containing child
pornography.
Sec. 5232. Child abuse murders.
Sec. 5233. Sentencing enhancement for crimes committed in the presence
of children.
Sec. 5234. Rights of child victims and witnesses.
Sec. 5235. Technical corrections to forfeiture statutes for sexual
exploitation of minors.
Sec. 5236. Amendments to Victims of Crime Act of 1984.
Sec. 5237. Victimization data on disabled persons.
Sec. 5238. Wiretapping authority for sex tourism investigations.
Subtitle C--Victims Rights Amendment
Sec. 5301. Sense of the Senate.
Subtitle D--Recognition of Victims in Sentencing
Sec. 5401. Composition of United States Sentencing Commission.
TITLE VI--PRISONS AND JAILS
Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing
Incentive Grants
Sec. 6101. Reauthorization of grants.
Subtitle B--Criminal Alien Incarceration
Sec. 6201. Short title.
Sec. 6202. Transfers of alien prisoners.
Sec. 6203. Consent unnecessary.
Sec. 6204. Certification transfer requirement.
Sec. 6205. International prisoner transfer report.
Sec. 6206. Annual reports on foreign assistance.
Sec. 6207. Annual certification procedures.
Sec. 6208. Prisoner transfers treaties.
Sec. 6209. Judgments unaffected.
Sec. 6210. United States assistance defined.
Sec. 6211. Repeals.
Subtitle C--Drug-Free Prisons and Jails
Sec. 6301. Drug-free prisons and jails incentive grants.
Sec. 6302. Elimination of sentencing inequities and aftercare for
Federal inmates.
Sec. 6303. Prison communications.
Subtitle D--Prison Work
Sec. 6401. Short title.
Sec. 6402. Federal prisoner work requirement.
Sec. 6403. Purchases from Federal Prison Industries.
Sec. 6404. Prisoner community service projects.
Subtitle E--Federal Incarceration Improvement
Sec. 6501. Short title.
Sec. 6502. Report on Federal prison overcrowding.
Sec. 6503. Earned release credit or good time credit revocation.
Sec. 6504. Implementation of a Federal sentence of death.
Sec. 6505. Prison amenities.
Sec. 6506. Prisoner health care copayments.
Sec. 6507. Study and report on probation and supervised release.
Sec. 6508. Medicare rate enforcement mechanism.
Sec. 6509. Medical quality assurance records.
Sec. 6510. Administration of Federal prison commissaries.
Sec. 6511. Medical pay allowance.
Sec. 6512. Judicial district designation.
Sec. 6513. Offenses involving individuals in custody.
Sec. 6514. Prison credit and aging prisoner reform.
Sec. 6515. Authorization of video teleconferencing for certain
proceedings.
Subtitle F--United States Marshals Service
Sec. 6601. Federal judiciary security.
Sec. 6602. Administrative subpoenas to apprehend fugitives.
Sec. 6603. Prisoner medical payment efficiency.
Sec. 6604. Subsistence for persons in custody of United States
Marshals.
Sec. 6605. Air transportation for law enforcement purposes.
Subtitle G--Federal Prisoner and Criminal Alien Detention
Sec. 6701. Meeting long-term Federal detention needs.
Sec. 6702. Report on Federal detention space shortage.
Sec. 6703. Fairness in bail bond forfeiture.
Subtitle H--Prison Litigation Reform
Sec. 6801. Appropriate remedies for prison conditions.
Sec. 6802. Limitation on fees.
Sec. 6803. Notice of malicious filings.
Sec. 6804. Limitation on prisoner release orders.
TITLE VII--CRIMINAL LAW AND PROCEDURAL IMPROVEMENTS
Subtitle A--Equal Protection for Victims
Sec. 7101. Right of victim to impartial jury.
Sec. 7102. Jury trial improvements.
Sec. 7103. Rejoinder to attacks on the character of the victim by
admission of evidence of the character of
the accused.
Sec. 7104. Use of notices of release of prisoners.
Sec. 7105. Balance in the composition of rules committees.
Subtitle B--Reform of Judicially Created Exclusionary Rules
Sec. 7201. Enforcement of confession reform statute.
Sec. 7202. Challenges to conviction or sentence on the basis of
voluntary confession.
Sec. 7203. Obligation of attorneys for the United States to present
certain arguments.
Sec. 7204. Admissibility of voluntary confessions in State court
proceedings.
Sec. 7205. No police officer liability for seeking or obtaining
voluntary confession.
Sec. 7206. Admissibility of evidence obtained by search or seizure.
Sec. 7207. Laurie Show victim protection (retrial in State court of
persons that file an application for writ
of habeas corpus).
Subtitle C--Federal Law Enforcement Improvements
Chapter 1--General Provisions
Sec. 7301. Amendments relating to violence in Indian country.
Sec. 7302. Amendments to anti-terrorism statutes.
Sec. 7303. Violent crimes in aid of racketeering activity.
Sec. 7304. Conforming amendment to return section 115 to the same scope
as section 1114.
Sec. 7305. Elimination of redundant penalty for killing in the course
of a bank robbery.
Sec. 7306. Elimination of unjustified scienter element for carjacking.
Sec. 7307. Offenses committed outside the United States by persons
accompanying the Armed Forces.
Sec. 7308. Addition of attempt coverage for interstate domestic
violence offense.
Sec. 7309. Clarification of interstate threat statute.
Sec. 7310. Status killings of Federal employees and consolidation of 18
U.S.C. 1114 and 1121.
Sec. 7311. Amendments of drive-by shooting statute.
Sec. 7312. Threats against former Presidents and others eligible for
Secret Service protection.
Sec. 7313. Protection of the Olympics.
Sec. 7314. Amendments to sentencing guidelines.
Sec. 7315. Bomb hoax statute.
Sec. 7316. Technical amendments relating to criminal law and procedure.
Chapter 2--Professional Standards for Federal Prosecutors
Sec. 7321. Ethical standards for Federal prosecutors.
Sec. 7322. Clarification of official duty exception.
Chapter 3--Amendments Relating to Courts and Sentencing
Sec. 7331. Appeals from certain dismissals.
Sec. 7332. Elimination of outmoded certification requirements.
Sec. 7333. Improvement of hate crimes sentencing procedure.
Sec. 7334. Clarification of length of supervised release terms in
controlled substance cases.
Sec. 7335. Authority of court to impose a sentence of probation or
supervised release when reducing a sentence
of imprisonment in certain cases.
Sec. 7336. Correction of aberrant statutes to permit imposition of both
a fine and imprisonment rather than only
either penalty.
Sec. 7337. Clarification that making restitution is a proper condition
of supervised release.
Sec. 7338. State clemency and pardon decisions.
Chapter 4--Amendments Relating to White Collar Crime
Sec. 7341. Conforming addition to obstruction of civil investigative
demand statute.
Sec. 7342. Addition of attempted theft and counterfeiting offenses to
eliminate gaps and inconsistencies in
coverage.
Sec. 7343. Larceny involving post office boxes and postal stamp vending
machines.
Sec. 7344. Theft of vessels.
Sec. 7345. Conforming amendment to law punishing obstruction of justice
by notification of existence of a subpoena
for records in certain types of
investigations.
Sec. 7346. Conforming amendment to injunction against fraud statute.
Sec. 7347. Correction of error in perjury recantation statute.
Sec. 7348. Elimination of proof of value requirement for felony theft
or conversion of grand jury material.
Sec. 7349. Amendment of interstate travel fraud statute to cover travel
by perpetrator.
Sec. 7350. Marijuana plants.
Sec. 7351. Participation of foreign and State government personnel
under Federal supervision in certain
interceptions.
Sec. 7352. Conforming amendments relating to supervised release.
Sec. 7353. Strengthening of statute punishing evasion or embezzlement
of customs duties.
Sec. 7354. Coverage of foreign bank branches in the territories.
Sec. 7355. Conforming statute of limitations amendment for certain bank
fraud offenses.
Sec. 7356. Clarifying amendment to section 704.
Sec. 7357. Amendment to section 1547 to conform to enactment of the
immigration bill.
Sec. 7358. Expanded jurisdiction over child buying and selling offenses
in Federal enclaves.
Sec. 7359. Technical amendment to restore wiretap authority for certain
money laundering offenses.
Sec. 7360. Flunitrazepam penalties.
Sec. 7361. Removal of the sunset provision for the S visa
classification program.
Sec. 7362. Repeal of duplicative procedures.
Sec. 7363. Repeal of outmoded provisions relating to the Canal Zone.
Sec. 7364. Prevention of frauds involving aircraft or space vehicle
parts in interstate or foreign commerce.
Chapter 5--Fraud Against the Elderly
Sec. 7471. Definitions.
Sec. 7472. Inclusion of seniors in national crime victimization survey.
Sec. 7473. Enhanced sentencing penalties based on age of victim.
Sec. 7474. Study and report on health care fraud sentences.
Sec. 7475. Increased penalties for fraud resulting in serious injury or
death.
Sec. 7476. Telemarketing scams.
Sec. 7477. Grand jury disclosure in investigations of health care
offenses.
Sec. 7478. Victim restitution.
Subtitle D--Federal Law Enforcement Agency Improvements
Sec. 7501. Repeal of provision requiring compilation of statistics
relating to intimidation of government
employees.
Sec. 7502. Flight to avoid prosecution or giving testimony.
Sec. 7503. Contraband in prison.
Sec. 7504. Personnel management system for certain positions in the
Federal Bureau of Investigation.
Sec. 7505. Humanitarian assistance.
Sec. 7506. Scholarship program.
Sec. 7507. Noncompetitive conversion to career appointments of certain
employees of the Drug Enforcement
Administration.
Sec. 7508. Office of Professional Responsibility.
Sec. 7509. Customs cybersmuggling center.
TITLE VIII--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
Sec. 8001. Short title.
Subtitle A--Authorization of Appropriations for Fiscal Years 2000,
2001, and 2002
Sec. 8101. Specific sums authorized to be appropriated.
Sec. 8102. Federal prison industries.
Sec. 8103. Appointment of additional assistant United States attorneys;
reduction of certain litigation positions.
Subtitle B--Authorizations of Appropriations for Specific Programs
Sec. 8201. Amendments to the Crime Control and Law Enforcement Act of
1994.
Sec. 8202. Amendments to the Antiterrorism and Effective Death Penalty
Act of 1996.
Sec. 8203. Communications assistance.
Sec. 8204. Criminal alien assistance.
Sec. 8205. Violent Crime Reduction Trust Fund.
Subtitle C--Permanent Enabling Provisions
Sec. 8301. Permanent authority.
Sec. 8302. Permanent authority relating to enforcement of laws.
Sec. 8303. Notifications on use of funds.
Sec. 8304. Miscellaneous use provisions.
Sec. 8305. Technical amendment; authority to transfer property of
marginal value.
Sec. 8306. Protection of the Attorney General.
Sec. 8307. Extended assignment allowance.
Sec. 8308. Limitation on use of funds.
Subtitle D--Miscellaneous
Sec. 8401. Repealers.
Sec. 8402. Technical amendment.
Sec. 8403. Rule of construction.
Sec. 8404. Counterterrorism Fund amendments.
Sec. 8405. Use of Government vehicles.
Sec. 8406. Clarification of litigation authority of Attorney General.
Sec. 8407. Oversight; waste, fraud, and abuse.
Sec. 8408. Chief financial officer of the Department of Justice.
TITLE IX--MISCELLANEOUS
Sec. 9101. Carrying of concealed firearms by qualified current and
former law enforcement officers.
Sec. 9102. Exemption of the return of a pawned or repaired firearm from
the requirement that an instant criminal
background check be conducted in connection
with the transfer of a firearm.
Sec. 9103. Funding of National Center for Rural Law Enforcement.
Sec. 9104. Center for Domestic Preparedness for Acts of Terrorism.
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--NEW MILLENNIUM LAW ENFORCEMENT ASSISTANCE
SEC. 1001. SHORT TITLE.
This title may be cited as the ``New Millennium Law Enforcement
Assistance Act''.
Subtitle A--Local Law Enforcement Block Grants
SEC. 1101. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This subtitle may be cited as the ``Local
Government Law Enforcement Block Grant Act of 1999''.
(b) Definitions.--In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Justice Assistance of the Department of Justice.
(2) Juvenile.--The term ``juvenile'' means an individual
who is 17 years of age or younger.
(3) Law enforcement expenditures.--The term ``law
enforcement expenditures'' means the current operation
expenditures associated with police, prosecutorial, legal, and
judicial services, and corrections as reported to the Bureau of
the Census.
(4) Part 1 violent crimes.--The term ``part 1 violent
crimes'' means murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault as reported to the
Federal Bureau of Investigation for purposes of the Uniform
Crime Reports.
(5) Payment period.--The term ``payment period'' means each
1-year period beginning on October 1 of any year in which a
grant under this subtitle is awarded.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that American Samoa, Guam, and
the Northern Mariana Islands shall be considered as 1 State and
that, for purposes of section 1105(a), 33 percent of the
amounts allocated shall be allocated to American Samoa, 50
percent to Guam, and 17 percent to the Northern Mariana
Islands.
(7) Unit of local government.--The term ``unit of local
government'' means--
(A) a county, township, city, or political
subdivision of a county, township, or city, that is a
general purpose unit of local government, as determined
by the Secretary of Commerce for general statistical
purposes, including a parish sheriff in the State of
Louisiana at the parish level;
(B) the District of Columbia and the recognized
governing body of an Indian tribe or Alaska Native
village that carries out substantial governmental
duties and powers; and
(C) the Commonwealth of Puerto Rico, in addition to
being considered a State, for the purposes set forth in
section 1102(a)(2).
SEC. 1102. PAYMENTS TO LOCAL GOVERNMENTS.
(a) Payment and Use.--
(1) Payment.--The Director shall pay to each unit of local
government that qualifies for a payment under this subtitle an
amount equal to the sum of any amounts allocated to such unit
under this subtitle for each payment period. The Director shall
pay such amount from amounts appropriated to carry out this
subtitle.
(2) Use.--Amounts paid to a unit of local government under
this section shall be used by the unit for reducing crime and
improving public safety, including but not limited to, 1 or
more of the following purposes:
(A)(i) Hiring, training, and employing on a
continuing basis new, additional law enforcement
officers and necessary support personnel.
(ii) Paying overtime to presently employed law
enforcement officers and necessary support personnel
for the purpose of increasing the number of hours
worked by such personnel.
(iii) Procuring equipment, technology, and other
material directly related to basic law enforcement
functions.
(B) Enhancing security measures--
(i) in and around schools; and
(ii) in and around any other facility or
location that is considered by the unit of
local government to have a special risk for
incidents of crime.
(C) Establishing crime prevention programs that
may, though not exclusively, involve law enforcement
officials and that are intended to discourage, disrupt,
or interfere with the commission of criminal activity,
including neighborhood watch and citizen patrol
programs, sexual assault and domestic violence
programs, and programs intended to prevent juvenile
crime.
(D) Establishing or supporting drug courts.
(E) Establishing early intervention and prevention
programs for juveniles to reduce or eliminate crime.
(F) Enhancing the adjudication process of cases
involving violent offenders, including the adjudication
process of cases involving violent juvenile offenders.
(G) Enhancing programs under subpart 1 of part E of
the Omnibus Crime Control and Safe Streets Act of 1968.
(H) Establishing cooperative task forces between
adjoining units of local government to work
cooperatively to prevent and combat criminal activity,
particularly criminal activity that is exacerbated by
drug or gang-related involvement.
(I) Establishing a multijurisdictional task force,
particularly in rural areas, composed of law
enforcement officials representing units of local
government, that works with Federal law enforcement
officials to prevent and control crime.
(J) Establishing or supporting programs designed to
collect, record, retain, and disseminate information
useful in the identification, prosecution, and
sentencing of offenders, such as criminal history
information, fingerprints, DNA tests, and ballistics
tests.
(3) Definitions.--In this subsection--
(A) the term ``drug courts'' means a program that
involves--
(i) continuing judicial supervision over
offenders with substance abuse problems who are
not violent offenders; and
(ii) the integrated administration of other
sanctions and services, which shall include--
(I) mandatory periodic testing for
the use of controlled substances or
other addictive substances during any
period of supervised release or
probation for each participant;
(II) substance abuse treatment for
each participant;
(III) probation, or other
supervised release involving the
possibility of prosecution,
confinement, or incarceration based on
noncompliance with program requirements
or failure to show satisfactory
progress; and
(IV) programmatic, offender
management, and aftercare services such
as relapse prevention, vocational job
training, job placement, and housing
placement; and
(B) the term ``violent offender'' means a person
charged with committing a part I violent crime.
(b) Prohibited Uses.--Notwithstanding any other provision of this
subtitle, a unit of local government may not expend any of the funds
provided under this subtitle to purchase, lease, rent, or otherwise
acquire--
(1) tanks or armored personnel carriers;
(2) fixed wing aircraft;
(3) limousines;
(4) real estate;
(5) yachts;
(6) consultants; or
(7) vehicles not primarily used for law enforcement;
unless the Attorney General certifies that extraordinary and exigent
circumstances exist that make the use of funds for such purposes
essential to the maintenance of public safety and good order in such
unit of local government. With regard to paragraph (2), such
circumstances shall be deemed to exist with respect to a unit of local
government in a rural State, as defined in section 1501 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb), upon
certification by the chief law enforcement officer of the unit of local
government that the unit of local government is experiencing an
increase in production or cultivation of a controlled substance or
listed chemical (as defined in section 102 of the Controlled Substances
Act), and that the fixed wing aircraft will be used in the detection,
disruption, or abatement of such production or cultivation.
(c) Timing of Payments.--The Director shall pay each unit of local
government that has submitted an application under this subtitle not
later than the later of--
(1) 90 days after the date on which that the amount is
available; or
(2) the first day of the payment period if the unit of
local government has provided the Director with the assurances
required by section 1104(c).
(d) Adjustments.--
(1) In general.--Subject to paragraph (2), the Director
shall adjust a payment under this subtitle to a unit of local
government to the extent that a prior payment to the unit of
local government was more or less than the amount required to
be paid.
(2) Considerations.--The Director may increase or decrease
under this subsection a payment to a unit of local government
only if the Director determines the need for the increase or
decrease, or if the unit requests the increase or decrease, not
later than 1 year after the end of the payment period for which
a payment was made.
(e) Reservation for Adjustment.--The Director may reserve a
percentage of not more than 2 percent of the amount under this section
for a payment period for all units of local government in a State if
the Director considers the reserve is necessary to ensure the
availability of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of local government in the State.
(f) Repayment of Unexpended Amounts.--
(1) Repayment required.--A unit of local government shall
repay to the Director, by not later than 27 months after
receipt of funds from the Director, any amount that is--
(A) paid to the unit from amounts appropriated
under the authority of this section; and
(B) not expended by the unit within 2 years after
receipt of such funds from the Director.
(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Director shall reduce payment
in future payment periods accordingly.
(3) Deposit of amounts repaid.--Amounts received by the
Director as repayments under this subsection shall be deposited
in a designated fund for future payments to units of local
government. Any amounts remaining in such designated fund after
5 years following the date of enactment of this Act shall be
applied to the Federal deficit or, if there is no Federal
deficit, to reducing the Federal debt.
(g) Nonsupplanting Requirement.--Funds made available under this
subtitle to units of local government shall not be used to supplant
State or local funds, but shall be used to increase the amount of funds
that would, in the absence of funds made available under this subtitle,
be made available from State or local sources.
(h) Matching Funds.--The Federal share of a grant received under
this subtitle may not exceed 90 percent of the costs of a program or
proposal funded under this subtitle. No funds provided under this
subtitle may be used as matching funds for any other Federal grant
program.
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subtitle $750,000,000 for each of fiscal
years 2000 through 2005.
(b) Oversight Accountability and Administration.--Not more than 3
percent of the amount authorized to be appropriated under subsection
(a) for each of fiscal years 2000 through 2005 shall be available to
the Attorney General for studying the overall effectiveness and
efficiency of the provisions of this subtitle, and assuring compliance
with the provisions of this subtitle and for administrative costs to
carry out the purposes of this subtitle. From the amount described in
the preceding sentence, the Bureau of Justice Assistance shall receive
such sums as may be necessary for the actual costs of administration
and monitoring. The Attorney General shall establish and execute an
oversight plan for monitoring the activities of grant recipients. Such
sums are to remain available until expended.
(c) Funding Source.--Appropriations for activities authorized in
this subtitle may be made from the Violent Crime Reduction Trust Fund.
(d) Technology Assistance.--Of the amount appropriated under
subsection (a) for each of fiscal years 2000 through 2005, the Attorney
General shall reserve 3 percent of the amount authorized to the Office
of Justice Programs, relying principally on the expertise of the Bureau
of Justice Statistics, for distribution in a manner consistent with the
Crime Identification Technology Act of 1998 (title I of Public Law 105-
251; 42 U.S.C. 14601), for State and local information and
identification technology, including access to the Integrated Automated
Fingerprint Identification System (IAFIS), DNA, and ballistics systems.
(e) Availability.--The amounts appropriated under subsection (a)
shall remain available until expended.
SEC. 1104. QUALIFICATION FOR PAYMENT.
(a) In General.--The Director shall issue regulations establishing
procedures under which a unit of local government is required to
provide notice to the Director regarding the proposed use of funds made
available under this subtitle.
(b) Program Review.--The Director shall establish a process for the
ongoing evaluation of projects developed with funds made available
under this subtitle.
(c) General Requirements for Qualification.--A unit of local
government qualifies for a payment under this subtitle for a payment
period only if the unit of local government submits an application to
the Director and establishes, to the satisfaction of the Director,
that--
(1) the unit of local government has established a local
advisory board that--
(A) includes, but is not limited to, a
representative from--
(i) the local police department or local
sheriff's department;
(ii) the local prosecutor's office;
(iii) the local court system;
(iv) the local public school system; and
(v) a local nonprofit, educational,
religious, or community group active in crime
prevention or drug use prevention or treatment;
(B) has reviewed the application; and
(C) is designated to make nonbinding
recommendations to the unit of local government for the
use of funds received under this subtitle;
(2) the chief executive officer of the State has had not
less than 20 days to review and comment on the application
before submission to the Director;
(3)(A) the unit of local government will establish a trust
fund in which the government will deposit all payments received
under this subtitle; and
(B) the unit of local government will use amounts in the
trust fund (including interest) during a period not to exceed 2
years from the date the first grant payment is made to the unit
of local government;
(4) the unit of local government will expend the payments
received in accordance with the laws and procedures that are
applicable to the expenditure of revenues of the unit of local
government;
(5) the unit of local government will use accounting,
audit, and fiscal procedures that conform to guidelines, which
shall be prescribed by the Director after consultation with the
Comptroller General of the United States and, as applicable,
amounts received under this subtitle shall be audited in
compliance with the Single Audit Act of 1984;
(6) after reasonable notice from the Director or the
Comptroller General of the United States to the unit of local
government, the unit of local government will make available to
the Director and the Comptroller General of the United States,
with the right to inspect, records that the Director reasonably
requires to review compliance with this subtitle or that the
Comptroller General of the United States reasonably requires to
review compliance and operation;
(7) a designated official of the unit of local government
shall make reports the Director reasonably requires, in
addition to the annual reports required under this subtitle;
(8) the unit of local government will spend the funds made
available under this subtitle only for the purposes set forth
in section 1102(a)(2);
(9) the unit of local government will achieve a net gain in
the number of law enforcement officers who perform
nonadministrative public safety service if such unit uses funds
received under this subtitle to increase the number of law
enforcement officers as described under section 1102(a)(2)(A);
(10) the unit of local government--
(A) has an adequate process to assess the impact of
any enhancement of a school security measure that is
undertaken under section 1102(a)(2)(B), or any crime
prevention programs that are established under
subparagraphs (C) and (E) of section 1102(a)(2), on the
incidence of crime in the geographic area where the
enhancement is undertaken or the program is established;
(B) will conduct such an assessment with respect to
each such enhancement or program; and
(C) will submit an annual written assessment report
to the Director; and
(11) the unit of local government has established
procedures to give members of the Armed Forces who, on or after
October 1, 1990, were or are selected for involuntary
separation (as described in section 1141 of title 10, United
States Code), approved for separation under section 1174a or
1175 of such title, or retired pursuant to the authority
provided under section 4403 of the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992 (division D
of Public Law 102-484; 10 U.S.C. 1293 note), a suitable
preference in the employment of persons as additional law
enforcement officers or support personnel using funds made
available under this subtitle. The nature and extent of such
employment preference shall be jointly established by the
Attorney General and the Secretary of Defense. To the extent
practicable, the Director shall endeavor to inform members who
were separated between October 1, 1990, and the date of
enactment of this Act of their eligibility for the employment
preference.
(d) Sanctions for Noncompliance.--
(1) In general.--If the Director determines that a unit of
local government has not complied substantially with the
requirements or regulations prescribed under subsections (a)
and (c), the Director shall notify the unit of local government
that if the unit of local government does not take corrective
action within 60 days of such notice, the Director will
withhold additional payments to the unit of local government
for the current and future payment periods until the Director
is satisfied that the unit of local government--
(A) has taken the appropriate corrective action;
and
(B) will comply with the requirements and
regulations prescribed under subsections (a) and (c).
(2) Notice.--Before giving notice under paragraph (1), the
Director shall give the chief executive officer of the unit of
local government reasonable notice and an opportunity for
comment.
(e) Maintenance of Effort Requirement.--A unit of local government
qualifies for a payment under this subtitle for a payment period only
if the unit's expenditures on law enforcement services (as reported by
the Bureau of the Census) for the fiscal year preceding the fiscal year
in which the payment period occurs were not less than 90 percent of the
unit's expenditures on such services for the second fiscal year
preceding the fiscal year in which the payment period occurs.
SEC. 1105. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) State Set-Aside.--
(1) In general.--Of the total amounts appropriated for this
subtitle for each payment period, the Director shall allocate
for units of local government in each State an amount that
bears the same ratio to such total as the average annual number
of part 1 violent crimes reported by such State to the Federal
Bureau of Investigation for the 3 most recent calendar years
for which such data is available bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of
Investigation for such years.
(2) Minimum requirement.--Each State shall receive not less
than 0.5 percent of the total amounts appropriated under
section 1103 under this subsection for each payment period.
(3) Proportional reduction.--If amounts available to carry
out paragraph (2) for any payment period are insufficient to
pay in full the total payment that any State is otherwise
eligible to receive under paragraph (1) for such period, the
Director shall reduce payments under paragraph (1) for such
payment period to the extent of such insufficiency. Reductions
under the preceding sentence shall be allocated among the
States (other than States whose payment is determined under
paragraph (2)) in the same proportions as amounts would be
allocated under paragraph (1) without regard to paragraph (2).
(b) Local Distribution.--
(1) Amount of allocation.--From the total amount allocated
for all units of local government in a State under subsection
(a), the Director shall allocate to each unit of local
government an amount which bears the same ratio to such total
amount as the average annual number of part 1 violent crimes
reported by such unit to the Federal Bureau of Investigation
for the 3 most recent calendar years for which such data is
available bears to the number of part 1 violent crimes reported
by all units of local government in the State in which the unit
is located to the Federal Bureau of Investigation for such
years.
(2) Expenditures.--
(A) In general.--The amount allocated to a unit of
local government under paragraph (1) for a payment
period may not exceed 100 percent of law enforcement
expenditures of the unit of local government for such
payment period.
(B) Reallocation.--The portion of the amount
allocated to a unit of local government that is not
available to such unit of local government by operation
of subparagraph (A) shall be allocated on a pro rata
basis among units of local government that are not
affected by the operation of subparagraph (A) in
accordance with this subsection.
(3) Local governments with allocations of less than
$5,000.--If the amount allocated to a unit of local government
under paragraph (1) for a payment period is less than $5,000,
the amount allocated shall be transferred to the chief
executive officer of the State, who shall distribute the amount
among State police departments that provide law enforcement
services to units of local government and units of local
government whose allotment is less than that amount in a manner that
reduces crime and improves public safety.
(4) Special rule.--If a unit of local government in a State
has been annexed since the date of the collection of the data
used by the Director in making allocations pursuant to this
subsection, the Director shall pay the amount that would have
been allocated to such unit of local government under this
subsection to the unit of local government that annexed that
unit of local government.
(5) Resolution of disparate allocations.--
(A) Definition of geographically constituent unit
of local government.--In this paragraph, the term
``geographically constituent unit of local government''
means a unit of local government, as defined in section
1101(b) and regardless of eligibility, that has
jurisdiction over areas located within the boundaries
of an area over which a unit of local government
certified pursuant to this paragraph has jurisdiction.
(B) Request for certification.--Notwithstanding any
other provision of this subtitle, a unit of local
government under the jurisdiction of a State may submit
to the attorney general of the State a request for
certification under subparagraph (C) if such unit of
local government received funds during fiscal year 1998
pursuant to a joint spending plan under the Local Law
Enforcement Block Grant Program pursuant to H.R. 728,
as passed by the House of Representatives on February
14, 1995.
(C) Certification.--Not later than 30 days after
receipt of a request for certification under
subparagraph (B), the attorney general of the State
shall either--
(i) make such a certification, if the
attorney general determines that--
(I) the unit of local government
bears more than 50 percent of the costs
of prosecution or incarceration that
arise with respect to part I violent
crimes reported by a specified
geographically constituent unit of
local government; and
(II) but for this paragraph, the
amount of funds allocated under this
title to--
(aa) any 1 specified
geographically constituent unit
of local government exceeds 200
percent of the amount allocated
to the unit of local government
described in subclause (I); or
(bb) more than 1 specified
geographically constituent unit
of local government (excluding
the units of local government
referred to in item (aa) and in
paragraph (4)), exceeds 400
percent of the amount allocated
to the unit of local government
described in subclause (I); and
(III) such allocation is likely to
threaten the efficient administration
of justice; or
(ii) if the attorney general determines
that the requirements of clause (i) are not
met, decline to make such a certification.
(D) Effect of certification.--
(i) In general.--If the attorney general of
a State makes a certification under
subparagraph (C)(i), the unit of local
government, together with the specified
geographically constituent units of local
government described in subparagraph (C)(i)(II)
may submit to the Director a joint spending
plan reflecting the combined plan for such
units of local government.
(ii) Contents of joint spending plan.--Each
joint spending plan submitted under this
subparagraph shall specify the amount of such
funds that are to be distributed to each of
unit of local government and the purposes for
which those funds are to be used.
(iii) Joint local advisory board.--Any
units of local government submitting a joint
spending plan under this subparagraph may
establish a joint local advisory board to carry
out this subparagraph.
(c) Grants to Indian Tribes.--Notwithstanding subsections (a) and
(b), of the amount appropriated under section 1103(a) in each of fiscal
years 2000 through 2005, the Attorney General shall reserve 0.3 percent
for grants to Indian tribal governments performing law enforcement
functions, to be used for the purposes described in section 1102. To be
eligible to receive a grant with amounts set aside under this
subsection, an Indian tribal government shall submit to the Attorney
General an application in such form and containing such information as
the Attorney General may by regulation require.
(d) Grants to Puerto Rico.--The Commonwealth of Puerto Rico may
distribute any portion of a grant received under this subtitle to units
of local government within the Commonwealth of Puerto Rico for purposes
consistent with this subtitle.
(e) Unavailability and Inaccuracy of Information.--
(1) Data for states.--For purposes of this section, if data
regarding part 1 violent crimes in any State for the 3 most
recent calendar years is unavailable, insufficient, or
substantially inaccurate, the Director shall utilize the best
available comparable data regarding the number of violent
crimes for such years for such State for the purposes of
allocation of any funds under this subtitle.
(2) Possible inaccuracy of data for units of local
government.--In addition to the provisions of paragraph (1), if
the Director believes that the reported rate of part 1 violent
crimes or legal expenditure information for a unit of local
government is insufficient or inaccurate, the Director shall--
(A) investigate the methodology used by such unit
to determine the accuracy of the submitted data; and
(B) when necessary, use the best available
comparable data regarding the number of violent crimes
or legal expenditure information for such years for
such unit of local government.
SEC. 1106. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle may be
utilized to contract with private, nonprofit entities or community-
based organizations to carry out the purposes specified under section
1102(a)(2).
SEC. 1107. PUBLIC PARTICIPATION.
(a) In General.--A unit of local government expending payments
under this subtitle shall hold not less than 1 public hearing on the
proposed use of the payment from the Director in relation to its entire
budget.
(b) Views.--At the hearing, persons shall be given an opportunity
to provide written and oral views to the unit of local government
authority responsible for enacting the budget.
(c) Time and Place.--The unit of local government shall hold the
hearing at a time and place that allows and encourages public
attendance and participation.
SEC. 1108. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3782 et seq.), shall
apply to this subtitle and for purposes of this section any reference
in such provisions to title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) shall be deemed to be a
reference to this subtitle.
Subtitle B--New Millennium Public Safety And Policing Grants
SEC. 1201. AUTHORITY TO MAKE PUBLIC SAFETY AND POLICING GRANTS.
Section 1701 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd) to read as follows:
``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND POLICING GRANTS.
``(a) Grant Authorization.--Subject to the requirements of this
part, the Attorney General may make grants (to be known as `New
Millennium Public Safety and Policing Grants') to States, units of
local government, Indian tribal governments, other public and private
entities, and multi-jurisdictional or regional consortia thereof--
``(1) to increase police presence;
``(2) to develop, implement, and expand law enforcement
strategies which emphasize zero-tolerance policing, crime
mapping, and command accountability to target high-crime areas;
and
``(3) to expand and improve cooperative efforts between law
enforcement agencies and members of the community to address
crime and disorder problems.
``(b) Uses of Grants.--
``(1) In general.--Grants made under subsection (a) may be
used for programs, projects, and other activities to--
``(A) hire and train new, additional career law
enforcement officers, or pay overtime to existing
career law enforcement officers, for the purposes
described in subsection (a);
``(B) retain career law enforcement officers hired
with Federal assistance after January 1, 1995;
``(C) procure equipment, technology, and computer
systems, or hire support personnel, for the
implementation of zero-tolerance policing, crime
mapping, and command accountability;
``(D) procure equipment and law enforcement or
civilian support personnel to expand coverage, enhance
law enforcement presence, and improve law enforcement
response time in rural areas; and
``(E) establish school-based partnerships between
local law enforcement agencies and local school systems
by using school resource officers who operate in and
around elementary and secondary schools to combat
school-related crime and disorder problems, gangs, and
drug activities.
``(2) Limitation on use.--Not more than 60 percent of the
funds received by a government, entity, or consortia under a
grant made under subsection (a) may be used for purposes
specified in paragraph (1)(C).
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers, particularly in communities
that are adversely affected by the recent closure of a military
installation.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, United
States Code.
``(d) Additional Uses of Grants.--Grants made under subsection (a)
may also be used for programs, projects, and other activities to--
``(1) increase the number of law enforcement officers
involved in activities that are focused on interaction with
members of the community on proactive crime control and
prevention by redeploying officers to such activities;
``(2) promote the active involvement of citizens in
neighborhood crime control and prevention activities, such as
Neighborhood Watch programs, neighborhood video monitoring, and
citizen ride-along programs;
``(3) augment, for a period not to exceed 90 days (which
may be extended at the discretion of the Attorney General), law
enforcement personnel in a State or political subdivision
thereof with law enforcement personnel on loan or temporary
transfer from another jurisdiction in the same State or another
State or political subdivision thereof if--
``(A) the chief executive officer of the State
seeking the augmentation certifies that the State or
political subdivision thereof is experiencing temporary
emergency civil or criminal disorder, such as rioting
or looting, requiring the deployment of additional law
enforcement officers;
``(B) the chief executive of such State certifies
that the State or political subdivision thereof
requires the deployment of additional law enforcement
officers to respond to the aftermath of an act of
terrorism; or
``(C) such State or political subdivision thereof
is the site of a designated special event pursuant to
Presidential Decision Directive 62, issued May 22,
1998;
``(4) provide specialized training to law enforcement
officers to enhance their conflict resolution, mediation,
problem solving, service, and other skills needed to work in
partnership with members of the community;
``(5) increase police participation in multidisciplinary
early intervention teams;
``(6) develop new technologies to assist State and local
law enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crimes;
``(7) develop and implement innovative programs to permit
members of the community to assist State and local law
enforcement agencies in the prevention of crime in the
community, such as a citizens' police academy, including
programs designed to increase the level of access to the
criminal justice system enjoyed by victims, witnesses, and
ordinary citizens by establishing decentralized satellite
offices (including video facilities) of principal criminal
courts buildings;
``(8) establish innovative programs to reduce, and keep to
a minimum, the amount of time that law enforcement officers
must be away from the community while awaiting court
appearances; and
``(9) support the purchase by a law enforcement agency of
no more than 1 service weapon per officer, upon hiring.
``(e) Preferential Consideration of Applications for Certain
Grants.--In awarding grants under this part, the Attorney General may
give preferential consideration, where feasible, to applications that
involve a non-Federal contribution exceeding the 25-percent minimum
under subsection (i).
``(f) Technical Assistance.--The Attorney General may provide
technical assistance to States, units of local government, Indian
tribal governments, and other public and private entities in
furtherance of the purposes of this part.
``(g) Utilization of Components.--The Attorney General may utilize
any component or components of the Department of Justice in carrying
out this part.
``(h) Minimum Amount.--
``(1) In general.--Unless all applications submitted by any
State and grantee within the State pursuant to subsection (a)
have been funded, each qualifying State, together with grantees
within the State, shall receive in each fiscal year pursuant to
subsection (a) not less than 0.5 percent of the total amount
appropriated in the fiscal year for grants pursuant to that
subsection.
``(2) Qualifying state defined.--In this subsection,
`qualifying State' means any State which has submitted an
application for a grant, or in which an eligible entity has
submitted an application for a grant, which meets the
requirements prescribed by the Attorney General and the
conditions set out in this part.
``(i) Matching Funds.--The portion of the costs of a program,
project, or activity provided by a grant under subsection (a) may not
exceed 75 percent, unless the Attorney General waives, wholly or in
part, the requirement under this subsection of a non-Federal
contribution to the costs of a program, project, or activity. In
relation to a grant for a period exceeding 1 year for hiring or
rehiring career law enforcement officers, the Federal share shall
decrease from year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or local sources
of funding following the conclusion of Federal support, as provided in
an approved plan pursuant to section 1702(c)(8).
``(j) Allocation of Funds.--The funds available under this part
shall be allocated as provided in section 1001(a)(11)(B).''.
SEC. 1202. APPLICATIONS FOR GRANTS.
Section 1702(c) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd-1(c)) is amended--
(1) in paragraph (8)--
(A) by striking ``hiring or rehiring additional''
and inserting ``the hiring or retention of''; and
(B) by striking ``hiring level'' and inserting
``hiring or retention level''; and
(2) in paragraph (10), by striking ``community-oriented''
and all that follows and inserting ``implementing zero
tolerance policing, crime mapping, and command accountability
programs to target high-crime areas or, if applicable, improve
law enforcement presence and response time in rural areas;
and''.
SEC. 1203. RENEWAL OF GRANTS.
(a) In General.--Section 1703 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended--
(1) by striking ``hiring or rehiring additional'' each
place it appears and inserting ``the hiring or retention of'';
and
(2) by striking ``5 years'' each place it appears and
inserting ``4 years''.
(b) Conforming Amendment.--The subsection heading of subsection (b)
of that section is amended by inserting ``or Retention'' after ``for
Hiring''.
SEC. 1204. LIMITATION ON USE OF FUNDS.
(a) In General.--Section 1704(c) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-3(c)) is amended--
(1) by striking ``or rehiring''; and
(2) by inserting ``, and funding provided under this part
for retaining a career law enforcement officer under section
1701(b)(1)(B) may not exceed $50,000,'' after ``$75,000''.
(b) Conforming Amendment.--The subsection heading for that section
is amended by inserting ``and Retention'' after ``Hiring''.
SEC. 1205. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' at the end of clause (v);
(B) by striking the period at the end of clause
(vi) and inserting ``; and''; and
(C) by adding at the end the following:
``(vii) $400,000,000 for each of fiscal years 2001 through
2005.''; and
(2) in subparagraph (B)--
(A) by inserting ``(i)'' after ``(B)'';
(B) by designating the third, fourth, and fifth
sentences as clauses (iii), (iv), and (v),
respectively, and in clause (iii), as so designated, by
striking ``Of the remaining funds,'' and inserting ``Of
the funds remaining after the application of clauses
(i) and (ii),''; and
(C) by inserting after clause (i), as so
designated, the following new clause:
``(ii) Of the funds remaining after the application of clause (i),
the Attorney General shall allocate up to 10 percent of the funds for
grants to communities experiencing crime rates at least one and one
half times greater than the national average. Such grants shall be made
without regard to the requirements of section 1701(i).''.
SEC. 1206. CLERICAL AMENDMENTS.
(a) Part Heading.--The part heading for part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended to read
as follows:
``PART Q--NEW MILLENNIUM PUBLIC SAFETY AND POLICING GRANTS''.
(b) Table of Contents.--The table of contents of title I of that
Act is amended by striking the items relating to part Q and to section
1701 and inserting the following new items:
``Part Q--New Millennium Public Safety and Policing Grants
``1701. Authority to make public safety and policing grants.''.
Subtitle C--Crime Identification Technology Act Improvements
SEC. 1301. FINDINGS.
Congress makes the following findings:
(1) The Crime Identification Technology Act of 1998 (title
I of Public Law 105-251; 112 Stat. 1871; 42 U.S.C. 14601) was
enacted on October 9, 1998, to assist State and local justice
systems to develop integrated criminal justice information
systems to manage and communicate criminal justice information
among law enforcement agencies, courts, prosecutors, and
corrections, as well as to upgrade the Nation's crime
laboratories.
(2) The Crime Identification Technology Act of 1998
authorizes $250,000,000 for assistance to States each year, for
five years, for a broad range of crime technology activities.
(3) State and local governments are at a crucial juncture
in the development and integration of their criminal justice
technology. The Crime Identification Technology Act of 1998
provides for system integration for criminal justice purposes,
permitting all components of criminal justice to share
information and communicate more effectively, on a real-time
basis. Anticrime technology available today will allow law
enforcement to solve more crime, more rapidly, and to pursue
increasingly sophisticated, mobile criminals.
(4) The Crime Identification Technology Act of 1998 also
responds to the tremendous need to consolidate the patchwork of
Federal programs, which have funded specific areas of anticrime
technology to the exclusion of others. Between 1993 and 1998,
the Federal Government has provided more than $1,000,000,000
for such technology through more than 60 separate Federal
programs.
(5) The Crime Identification Technology Act of 1998 offers
a dedicated, coordinated stream of funding to help States
develop and upgrade their anticrime technology from the
patchwork of existing programs, integrate law enforcement and
public safety records and communications, and integrate and
interface with national criminal information and public safety
databases, thereby providing States the flexibility to meet
their current technology needs consistent with Federal
investments in national databases for criminal records,
automated fingerprints, DNA, ballistics, and other
technologies.
SEC. 1302. CRIME IDENTIFICATION TECHNOLOGY ACT IMPROVEMENTS.
(a) Use of Program Funds for Crime Tracking and Forecasting
Grants.--Subsection (b) of section 102 of the Crime Identification
Technology Act of 1998 (title I of Public Law 105-251; 112 Stat. 1871;
42 U.S.C. 14601) is amended--
(1) by striking ``and'' at the end of paragraph (15);
(2) by striking the period at the end of paragraph (16) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(17) systems to provide real-time information about
street crime in order to facilitate development of crime
forecasting models, crime analysis, and other information to
assist policing activities to address and prevent crime.''.
(b) Increased Authorizations for Grants Under Program.--Subsection
(e)(1) of that section is amended by striking ``this section'' and all
that follows and inserting ``this section:
``(A) $250,000,000 for fiscal year 1999.
``(B) $500,000,000 for each of fiscal years 2000
through 2003.''.
SEC. 1303. VIOLENT OFFENDER DNA IDENTIFICATION.
(a) Elimination of Convicted Offender DNA Backlog.--
(1) Development of plan.--
(A) In general.--Not later than 45 days after the
date of enactment of this Act, the Director of the
Federal Bureau of Investigation, in coordination with
the Assistant Attorney General of the Office of Justice
Programs at the Department of Justice, and after
consultation with representatives of State and local
forensic laboratories, shall develop a voluntary plan
to assist State and local forensic laboratories in
performing DNA analyses of DNA samples collected from
convicted offenders.
(B) Objective.--The objective of the plan developed
under subparagraph (A) shall be to effectively
eliminate the backlog of convicted offender DNA samples
awaiting analysis in State or local forensic laboratory
storage, including samples that need to be reanalyzed
using upgraded methods, in an efficient, expeditious
manner that will provide for their entry into the
Combined DNA Indexing System (CODIS).
(2) Plan conditions.--The plan developed under paragraph
(1) shall--
(A) require that each laboratory performing DNA
analyses satisfy quality assurance standards and
utilize state-of-the-art testing methods, as set forth
by the Director of the Federal Bureau of Investigation,
in coordination with the Assistant Attorney General of
the Office of Justice Programs of the Department of
Justice; and
(B) require that each DNA sample collected and
analyzed be accessible only--
(i) to criminal justice agencies for law
enforcement identification purposes;
(ii) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or
rules;
(iii) for criminal defense purposes, to a
defendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged; or
(iv) if personally identifiable information
is removed, for a population statistics
database, for identification research and
protocol development purposes, or for quality
control purposes.
(3) Implementation of plan.--Subject to the availability of
appropriations under paragraph (4), the Director of the Federal
Bureau of Investigation, in coordination with the Assistant
Attorney General of the Office of Justice Programs at the
Department of Justice, shall implement the plan developed
pursuant to paragraph (1) with State and local forensic
laboratories that elect to participate.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Justice to carry out
this subsection $15,000,000 for each of fiscal years 2000 and
2001.
(b) Expansion of DNA Identification Index.--Section 811(a)(2) of
the Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C.
531 note) is amended to read as follows:
``(2) the Director of the Federal Bureau of Investigation
shall expand the combined DNA Identification System (CODIS) to
include information on DNA identification records and analyses
related to criminal offenses and acts of juvenile delinquency
under Federal law, the Uniform Code of Military Justice, and
the District of Columbia Code, in accordance with section
210304 of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14132).''.
(c) Index To Facilitate Law Enforcement Exchange of DNA
Identification Information.--Section 210304 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14132) is amended--
(1) in subsection (a)(1), by striking ``persons convicted
of crimes'' and inserting ``individuals convicted of criminal
offenses or adjudicated delinquent for acts of juvenile
delinquency, including qualifying offenses (as defined in
subsection (d)(1))'';
(2) in subsection (b)(2), by striking ``, at regular
intervals of not to exceed 180 days,'' and inserting
``semiannual''; and
(3) by adding at the end the following:
``(d) Inclusion of DNA Information Relating to Violent Offenders.--
``(1) Definitions.--In this subsection--
``(A) the term `crime of violence' has the meaning
given such term in section 924(c)(3) of title 18,
United States Code; and
``(B) the term `qualifying offense' means a
criminal offense or act of juvenile delinquency
included on the list established by the Director of the
Federal Bureau of Investigation under paragraph (2)(A)(i).
``(2) Regulations.--
``(A) In general.--Not later than 90 days after the
date of enactment of this subsection, and at the
discretion of the Director thereafter, the Director of
the Federal Bureau of Investigation, in consultation
with the Director of the Bureau of Prisons, the
Director of the Court Services and Offender Supervision
Agency for the District of Columbia or the Trustee
appointed under section 11232(a) of the Balanced Budget
Act of 1997 (as appropriate), and the Chief of Police
of the Metropolitan Police Department of the District
of Columbia, shall by regulation establish--
``(i) a list of qualifying offenses; and
``(ii) standards and procedures for--
``(I) the analysis of DNA samples
collected from individuals convicted of
or adjudicated delinquent for a
qualifying offense;
``(II) the inclusion in the index
established by this section of the DNA
identification records and DNA analyses
relating to the DNA samples described
in subclause (I); and
``(III) the expungement of DNA
identification records and DNA analyses
described in subclause (II) from the
index established by this section in
any circumstance in which the
underlying conviction or adjudication
for the qualifying offense has been
reversed or expunged.
``(B) Offenses included.--The list established
under subparagraph (A)(i) shall include--
``(i) each criminal offense or act of
juvenile delinquency under Federal law that--
``(I) constitutes a crime of
violence; or
``(II) in the case of an act of
juvenile delinquency, would, if
committed by an adult, constitute a
crime of violence;
``(ii) each criminal offense under the
District of Columbia Code that would, if
committed in the special maritime and
territorial jurisdiction of the United States,
constitute a crime of violence; and
``(iii) any other felony offense under
Federal law or the District of Columbia Code,
as determined by the Director of the Federal
Bureau of Investigation.
``(3) Federal offenders.--
``(A) Collection of samples from federal
prisoners.--
``(i) In general.--Beginning 180 days after
the date of enactment of this subsection, the
Director of the Bureau of Prisons shall collect
a DNA sample from each individual in the
custody of the Bureau of Prisons who has been
convicted of or adjudicated delinquent for a
qualifying offense.
``(ii) Time and manner.--The Director of
the Bureau of Prisons shall specify the time
and manner of collection of DNA samples under
this subparagraph.
``(B) Collection of samples from federal offenders
on supervised release, parole, or probation.--
``(i) In general.--Beginning 180 days after
the date of enactment of this subsection, the
agency responsible for the supervision under
Federal law of an individual on supervised
release, parole, or probation (other than an
individual described in paragraph (4)(B)(i))
shall collect a DNA sample from each individual
who has been convicted of or adjudicated
delinquent for a qualifying offense.
``(ii) Time and manner.--The Director of
the Administrative Office of the United States
Courts shall specify the time and manner of
collection of DNA samples under this
subparagraph.
``(4) District of columbia offenders.--
``(A) Offenders in custody of district of
columbia.--
``(i) In general.--The Government of the
District of Columbia may--
``(I) identify 1 or more categories
of individuals who are in the custody
of, or under supervision by, the
District of Columbia, from whom DNA
samples should be collected; and
``(II) collect a DNA sample from
each individual in any category
identified under clause (i).
``(ii) Definition.--In this subparagraph,
the term `individuals in the custody of, or
under supervision by, the District of
Columbia'--
``(I) includes any individual in
the custody of, or under supervision
by, any agency of the Government of the
District of Columbia; and
``(II) does not include an
individual who is under the supervision
of the Director of the Court Services
and Offender Supervision Agency for the
District of Columbia or the Trustee
appointed under section 11232(a) of the
Balanced Budget Act of 1997.
``(B) Offenders on supervised release, probation,
or parole.--
``(i) In general.--Beginning 180 days after
the date of enactment of this subsection, the
Director of the Court Services and Offender
Supervision Agency for the District of
Columbia, or the Trustee appointed under
section 11232(a) of the Balanced Budget Act of 1997, as appropriate,
shall collect a DNA sample from each individual under the supervision
of the Agency or Trustee, respectively, who is on supervised release,
parole, or probation who has been convicted of or adjudicated
delinquent for a qualifying offense.
``(ii) Time and manner.--The Director or
the Trustee, as appropriate, shall specify the
time and manner of collection of DNA samples
under this subparagraph.
``(5) Waiver; collection procedures.--Notwithstanding any
other provision of this subsection, a person or agency
responsible for the collection of DNA samples under this
subsection may--
``(A) waive the collection of a sample from an
individual under this subsection if another person or
agency has collected such a sample from the individual
under this subsection or subsection (e); and
``(B) use or authorize the use of such means as are
necessary to restrain and collect a DNA sample from an
individual who refuses to cooperate in the collection
of the sample.
``(e) Inclusion of DNA Information Relating to Violent Military
Offenders.--
``(1) In general.--Not later than 120 days after the date
of enactment of this subsection, the Secretary of Defense shall
prescribe regulations that--
``(A) specify categories of conduct punishable
under the Uniform Code of Military Justice (referred to
in this subsection as `qualifying military offenses')
that are comparable to qualifying offenses (as defined
in subsection (d)(1)); and
``(B) set forth standards and procedures for--
``(i) the analysis of DNA samples collected
from individuals convicted of a qualifying
military offense;
``(ii) the inclusion in the index
established by this section of the DNA
identification records and DNA analyses
relating to the DNA samples described in clause
(i); and
``(iii) the expungement of DNA
identification records and DNA analyses
described in clause (ii) from the index
established by this section in any circumstance
in which the underlying conviction for the
qualifying military offense has been reversed
or the underlying record has been expunged for
any other reason.
``(2) Collection of samples.--
``(A) In general.--Beginning 180 days after the
date of enactment of this subsection, the Secretary of
Defense shall collect a DNA sample from each individual
under the jurisdiction of the Secretary of a military
department who has been convicted of a qualifying
military offense.
``(B) Time and manner.--The Secretary of Defense
shall specify the time and manner of collection of DNA
samples under this paragraph.
``(3) Waiver; collection procedures.--Notwithstanding any
other provision of this subsection, the Secretary of Defense
may--
``(A) waive the collection of a sample from an
individual under this subsection if another person or
agency has collected such a sample from the individual
under subsection (d); and
``(B) use or authorize the use of such means as are
necessary to restrain and collect a DNA sample from an
individual who refuses to cooperate in the collection
of the sample.
``(f) Criminal Penalty.--
``(1) In general.--An individual from whom the collection
of a DNA sample is required under subsection (d) who fails to
cooperate in the collection of that sample shall be--
``(A) guilty of a class A misdemeanor; and
``(B) punished in accordance with title 18, United
States Code.
``(2) Military offenders.--An individual from whom the
collection of a DNA sample is required under subsection (e) who
fails to cooperate in the collection of that sample may be
punished as a court martial may direct as a violation of the
Uniform Code of Military Justice.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) to the Department of Justice to carry out subsection
(d) of this section (including to reimburse the Federal
judiciary for any reasonable costs incurred in implementing
such subsection, as determined by the Attorney General) and
section 1303(e) of the New Millennium Law Enforcement
Assistance Act--
``(A) $6,600,000 for fiscal year 2000; and
``(B) such sums as may be necessary for each of
fiscal years 2001 through 2004;
``(2) to the Court Services and Offender Supervision Agency
for the District of Columbia or the Trustee appointed under
section 11232(a) of the Balanced Budget Act of 1997 (as
appropriate), such sums as may be necessary for each of fiscal
years 2000 through 2004; and
``(3) to the Department of Defense to carry out subsection
(e)--
``(A) $600,000 for fiscal year 2000; and
``(B) $300,000 for each of fiscal years 2001
through 2004.''.
(d) Conditions of Release.--
(1) Conditions of probation.--Section 3563(a) of title 18,
United States Code, is amended--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (8) the following:
``(9) that the defendant cooperate in the collection of a
DNA sample from the defendant if the collection of such a
sample is required pursuant to section 210304 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14132).''.
(2) Conditions of supervised release.--Section 3583(d) of
title 18, United States Code, is amended by inserting before
``The court shall also order'' the following: ``The court shall
order, as an explicit condition of supervised release, that the
defendant cooperate in the collection of a DNA sample from the
defendant, if the collection of such a sample is required
pursuant to section 210304 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132).''.
(3) Conditions of release generally.--If the collection of
a DNA sample from an individual on probation, parole, or
supervised release (including an individual on parole pursuant
to chapter 311 of title 18, United States Code, as in effect on
October 30, 1997) is required pursuant to section 210304 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14132), and the sample has not otherwise been collected,
the individual shall cooperate in the collection of a DNA
sample as a condition of that probation, parole, or supervised
release.
(e) Report and Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, acting through the
Assistant Attorney General for the Office of Justice Programs of the
Department of Justice and the Director of the Federal Bureau of
Investigation, shall--
(1) conduct an evaluation to--
(A) identify criminal offenses, including offenses
other than qualifying offenses (as defined in section
210304(d)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132(d)(1)), as
added by this section) that, if serving as a basis for
the mandatory collection of a DNA sample under section
210304 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14132) or under State law, are
likely to yield DNA matches, and the relative degree of
such likelihood with respect to each such offense; and
(B) determine the number of investigations aided
(including the number of suspects cleared), and the
rates of prosecution and conviction of suspects
identified through DNA matching; and
(2) submit to Congress a report describing the results of
the evaluation under paragraph (1).
(f) Technical and Conforming Amendments.--
(1) Drug control and system improvement grants.--Section
503(a)(12)(C) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by
striking ``, at regular intervals of not to exceed 180 days,''
and inserting ``semiannual''.
(2) DNA identification grants.--Section 2403(3) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796kk-2(3)) is amended by striking ``, at regular
intervals not exceeding 180 days,'' and inserting
``semiannual''.
(3) Federal bureau of investigation.--Section
210305(a)(1)(A) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is amended
by striking ``, at regular intervals of not to exceed 180
days,'' and inserting ``semiannual''.
Subtitle D--Protection of State and Local Police and Corrections
Officers
CHAPTER 1--STATE CORRECTIONAL OFFICERS AND OTHER STATE OFFICIALS
SEC. 1401. KILLING PERSONS AIDING FEDERAL INVESTIGATIONS OR STATE
CORRECTIONAL OFFICERS.
Section 1121 of title 18, United States Code, is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by inserting ``, State, or joint Federal-
State'' after ``a Federal''; and
(2) in subsection (b)(3)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) the incarcerated person is incarcerated
pending an initial appearance, arraignment, trial, or
appeal for an offense against the United States.''.
CHAPTER 2--ACCESS TO BODY ARMOR; DONATIONS OF BODY ARMOR
SEC. 1411. SHORT TITLE.
This chapter may be cited as the ``James Guelff Body Armor Act of
1999''.
SEC. 1412. FINDINGS.
Congress finds that--
(1) nationally, police officers and ordinary citizens are
facing increased danger as criminals use more deadly weaponry,
body armor, and other sophisticated assault gear;
(2) recent incidents, such as the murder of San Francisco
Police Officer James Guelff by an assailant wearing 2 layers of
body armor and a 1997 bank shoot out in north Hollywood,
California, between police and 2 heavily armed suspects
outfitted in body armor, demonstrate the serious threat to
community safety posed by criminals who wear body armor during
the commission of a violent crime;
(3) of the approximately 1,200 officers killed in the line
of duty since 1980, more than 30 percent could have been saved
by body armor, and the risk of dying from gunfire is 14 times
higher for an officer without a bulletproof vest;
(4) the Department of Justice has estimated that 25 percent
of State and local police are not issued body armor; and
(5) the Federal Government is well-equipped to grant local
police departments access to body armor that is no longer
needed by Federal agencies.
SEC. 1413. DEFINITIONS.
In this chapter:
(1) Body armor.--The term ``body armor'' means any product
sold or offered for sale, in interstate or foreign commerce, 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.
(2) Law enforcement agency.--The term ``law enforcement
agency'' means an agency 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.
(3) Law enforcement officer.--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.
SEC. 1414. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY
ARMOR.
(a) 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 offense in which the defendant used body
armor.
(b) Applicability.--No amendment made to the Federal Sentencing
Guidelines pursuant to this section shall apply if the Federal offense
in which the body armor is used constitutes a violation of, attempted
violation of, or conspiracy to violate the civil rights of any person
by a law enforcement officer acting under color of the authority of
such law enforcement officer.
SEC. 1415. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL
LAW ENFORCEMENT AGENCIES.
(a) Definitions.--In this section, the terms ``Federal agency'' and
``surplus property'' have the meanings given such terms under section 3
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(b) Donation of Body Armor.--Notwithstanding section 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484), the head of a Federal agency may donate body armor directly to
any State or local law enforcement agency, if such body armor is--
(1) in serviceable condition; and
(2) surplus property.
(c) Notice to Administrator.--The head of a Federal agency who
donates body armor under this section shall submit to the Administrator
of General Services a written notice identifying the amount of body
armor donated and each State or local law enforcement agency that
received the body armor.
(d) Donation by Certain Officers.--
(1) Department of justice.--In the administration of this
section with respect to the Department of Justice, in addition
to any other officer of the Department of Justice designated by
the Attorney General, the following officers may act as the
head of a Federal agency:
(A) The Administrator of the Drug Enforcement
Administration.
(B) The Director of the Federal Bureau of
Investigation.
(C) The Commissioner of the Immigration and
Naturalization Service.
(D) The Director of the United States Marshals
Service.
(2) Department of the treasury.--In the administration of
this section with respect to the Department of the Treasury, in
addition to any other officer of the Department of the Treasury
designated by the Secretary of the Treasury, the following
officers may act as the head of a Federal agency:
(A) The Director of the Bureau of Alcohol, Tobacco,
and Firearms.
(B) The Commissioner of Customs.
(C) The Director of the United States Secret
Service.
CHAPTER 3--GRANT PROGRAMS FOR PURCHASE OF BODY ARMOR AND VIDEO CAMERAS
SEC. 1421. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police car after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet resistant equipment;
(3) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
bullet resistant equipment, such as an armor vest, is 14 times
higher than for officers wearing an armor vest;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States; and
(6) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this chapter is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with bullet resistant equipment
and video cameras.
SEC. 1422. MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT BULLET RESISTANT
EQUIPMENT AND FOR VIDEO CAMERAS.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ll et seq.) is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place it appears and
inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program For Bullet Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase bullet resistant equipment
for use by State, local, and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for bullet resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of bullet resistant equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.
``Subpart C--Grant Program For Video Cameras
``SEC. 2521. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase video cameras for use by State, local, and
tribal law enforcement agencies in law enforcement vehicles.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of video cameras for law
enforcement vehicles in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for video cameras, based on the
percentage of law enforcement officers in the department do not
have access to a law enforcement vehicle equipped with a video
camera;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated 0.25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2522. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of video cameras, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2523. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out part
Y--
``(A) $25,000,000 for each of fiscal years 2000 through
2002 for grants under subpart A of that part;
``(B) $40,000,000 for each of fiscal years 2000 through
2002 for grants under subpart B of that part; and
``(C) $25,000,000 for each of fiscal years 2000 through
2002 for grants under subpart C of that part.''.
(c) Clerical Amendments.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended--
(1) by striking the item relating to the part heading of
part Y and inserting the following:
``Part Y--Matching Grants Programs for Law Enforcement
``subpart a--grant program for armor vests''; and
(2) by adding at the end of the matter relating to part Y
the following:
``subpart b--grant program for bullet resistant equipment
``2511. Program authorized.
``2512. Applications.
``2513. Definitions.
``subpart c--grant program for video cameras
``2521. Program authorized.
``2522. Applications.
``2523. Definitions.''.
SEC. 1423. SENSE OF CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available under subpart B or C of part Y
of title I of the Omnibus Crime Control and Safe Streets Act of 1968,
as added by this chapter, it is the sense of the Congress that entities
receiving the assistance should, in expending the assistance, purchase
only American-made equipment and products.
SEC. 1424. TECHNOLOGY DEVELOPMENT.
Section 202 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3722) is amended by adding at the end the following:
``(e) Bullet Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to
develop new bullet resistant technologies (i.e.,
acrylic, polymers, aluminized material, and transparent
ceramics) for use in police equipment (including
windshield glass, car panels, shields, and protective
gear);
``(B) inventory bullet resistant technologies used
in the private sector, in surplus military property,
and by foreign countries;
``(C) promulgate relevant standards for, and
conduct technical and operational testing and
evaluation of, bullet resistant technology and
equipment, and otherwise facilitate the use of that
technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with High Intensity Drug Trafficking Areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
fiscal years 2000 through 2002.''.
SEC. 1425. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS.
Section 2501(f) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796ll(f)) is amended--
(1) by striking ``The portion'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the portion'';
and
(2) by adding at the end the following:
``(2) Waiver.--The Director may waive, in whole or in part,
the requirement of paragraph (1) in the case of fiscal
hardship, as determined by the Director.''.
CHAPTER 4--MISCELLANEOUS
SEC. 1431. INCLUSION OF RAILROAD POLICE OFFICERS IN FBI LAW ENFORCEMENT
TRAINING.
(a) In General.--Subsection (a) of section 701 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3771) is amended--
(1) in paragraph (1)--
(A) by striking ``State or unit of local
government'' and inserting ``State, unit of local
government, or rail carrier''; and
(B) by inserting ``, including railroad police
officers'' before the semicolon; and
(2) in paragraph (3)--
(A) by striking ``State or unit of local
government'' inserting ``State, unit of local
government, or rail carrier'';
(B) by inserting ``railroad police officers,''
after ``deputies,'';
(C) by striking ``State or such unit'' and
inserting ``State, unit of local government, or rail
carrier''; and
(D) by striking ``State or unit'' and inserting
``State, unit of local government, or rail carrier''.
(b) Rail Carrier Costs.--That section is further amended by adding
at the end the following:
``(d) Rail Carrier Costs.--No Federal funds may be used for any
travel, transportation, or subsistence expenses incurred in connection
with the participation of a railroad police officer in a training
program conducted under subsection (a).''.
(c) Definitions.--That section, as amended by subsection (b) of
this section, if further amended by adding at the end the following:
``(e) Definitions.--In this section--
``(1) the terms `rail carrier' and `railroad' have the
meanings given such terms in section 20102 of title 49, United
States Code; and
``(2) the term `railroad police officer' means a peace
officer who is commissioned in his or her State of legal
residence or State or primary employment and employed by a rail
carrier to enforce State laws for the protection of railroad
property, personnel, passengers, or cargo.''.
TITLE II--COMBATTING DRUGS AND CRIME
Subtitle A--New Millennium Drug Free Act
SEC. 2001. SHORT TITLE.
This subtitle may be cited as the ``New Millennium Drug Free Act''.
CHAPTER 1--INTERNATIONAL SUPPLY REDUCTION
Subchapter A--International Crime
PART I--INTERNATIONAL CRIME CONTROL
SEC. 2011. SHORT TITLE.
This part may be cited as the ``International Crime Control Act of
1999''.
SEC. 2012. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED
STATES BORDER.
(a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 554. Violence while eluding inspection or during violation of
arrival, reporting, entry, or clearance requirements
``(a) In General.--Whoever attempts to commit or commits a crime of
violence or recklessly operates any conveyance during and in relation
to--
``(1)(A) attempting to elude or eluding immigration,
customs, or agriculture inspection; or
``(B) failing to stop at the command of an officer or
employee of the United States charged with enforcing the
immigration, customs, or other laws of the United States along
any border of the United States; or
``(2) an intentional violation of arrival, reporting,
entry, or clearance requirements, as set forth in section 107
of the Federal Plant Pest Act (7 U.S.C. 150ff), section 10 of
the Act of August 20, 1912 (commonly known as the `Plant
Quarantine Act' (7 U.S.C. 164a)), section 7 of the Federal
Noxious Weed Act of 1974 (7 U.S.C. 2807), section 431, 433,
434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433,
1434, and 1459), section 10 of the Act of August 30, 1890 (26
Stat. 417; chapter 839 (21 U.S.C. 105)), section 2 of the Act
of February 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C. 111),
section 4197 of the Revised Statutes (46 U.S.C. App. 91), or
sections 231, 232, and 234 through 238 of the Immigration and
Nationality Act (8 U.S.C. 1221, 1222, and 1224 through 1228)
shall be--
``(A) fined under this title, imprisoned not more
than 5 years, or both;
``(B) if bodily injury (as defined in section
1365(g)) results, fined under this title, imprisoned
not more than 10 years, or both; or
``(C) if death results, fined under this title,
imprisoned for any term of years or for life, or both,
and may be sentenced to death.
``(b) Conspiracy.--If 2 or more persons conspire to commit an
offense under subsection (a), and 1 or more of those persons do any act
to effect the object of the conspiracy, each shall be punishable as a
principal, except that a sentence of death may not be imposed.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 18,
United States Code, is amended by adding at the end the following:
``554. Violence while eluding inspection or during violation of
arrival, reporting, entry, or clearance
requirements.''.
(c) Reckless Endangerment.--Section 111 of title 18, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Reckless Endangerment.--Whoever--
``(1) knowingly disregards or disobeys the lawful authority
or command of any officer or employee of the United States
charged with enforcing the immigration, customs, or other laws
of the United States along any border of the United States
while engaged in, or on account of, the performance of official
duties of that officer or employee; and
``(2) as a result of disregarding or disobeying an
authority or command referred to in paragraph (1), endangers
the safety of any person or property,
shall be fined under this title, imprisoned not more than 6 months, or
both.''.
PART II--STRENGTHENING MARITIME LAW ENFORCEMENT ALONG UNITED STATES
BORDERS
SEC. 2021. SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTING A LAWFUL
BOARDING, AND PROVIDING FALSE INFORMATION.
(a) In General.--Chapter 109 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2237. Sanctions for failure to heave to; sanctions for
obstruction of boarding or providing false information
``(a) Definitions.--In this section:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' has the meaning given that term in
section 115(c).
``(2) Heave to.--The term `heave to' means, with respect to
a vessel, to cause that vessel to slow or come to a stop to
facilitate a law enforcement boarding by adjusting the course
and speed of the vessel to account for the weather conditions
and the sea state.
``(3) Vessel of the united states; vessel subject to the
jurisdiction of the united states.--The terms `vessel of the
United States' and `vessel subject to the jurisdiction of the
United States' have the meanings given those terms in section 3
of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).
``(b) Failure To Obey an Order To Heave to.--
``(1) In general.--It shall be unlawful for the master,
operator, or person in charge of a vessel of the United States
or a vessel subject to the jurisdiction of the United States,
to fail to obey an order to heave to that vessel on being
ordered to do so by an authorized Federal law enforcement
officer.
``(2) Impeding boarding; providing false information in
connection with a boarding.--It shall be unlawful for any
person on board a vessel of the United States or a vessel
subject to the jurisdiction of the United States knowingly or
willfully to--
``(A) fail to comply with an order of an authorized
Federal law enforcement officer in connection with the
boarding of the vessel;
``(B) impede or obstruct a boarding or arrest, or
other law enforcement action authorized by any Federal
law; or
``(C) provide false information to a Federal law
enforcement officer during a boarding of a vessel
regarding the destination, origin, ownership,
registration, nationality, cargo, or crew of the
vessel.
``(c) Statutory Construction.--Nothing in this section may be
construed to limit the authority granted before the date of enactment
of this section--
``(1) a customs officer under section 581 of the Tariff Act
of 1930 (19 U.S.C. 1581) or any other provision of law enforced
or administered by the United States Customs Service; or
``(2) any Federal law enforcement officer under any Federal
law to order a vessel to heave to.
``(d) Consent or Waiver of Objection by a Foreign Country.--
``(1) In general.--A foreign country may consent to or
waive objection to the enforcement of United States law by the
United States under this section by international agreement or,
on a case-by-case basis, by radio, telephone, or similar oral
or electronic means.
``(2) Proof of consent or waiver.--The Secretary of State
or a designee of the Secretary may prove a consent or waiver
described in paragraph (1) by certification.
``(e) Penalties.--Any person who intentionally violates any
provision of this section shall be fined under this title, imprisoned
not more than 5 years, or both.
``(f) Seizure of Vessels.--
``(1) In general.--A vessel that is used in violation of
this section may be seized and forfeited.
``(2) Applicability of laws.--
``(A) In general.--Subject to subparagraph (C), the
laws described in subparagraph (B) shall apply to
seizures and forfeitures undertaken, or alleged to have
been undertaken, under any provision of this section.
``(B) Laws described.--The laws described in this
subparagraph are the laws relating to the seizure,
summary, judicial forfeiture, and condemnation of
property for violation of the customs laws, the
disposition of the property or the proceeds from the
sale thereof, the remission or mitigation of the
forfeitures, and the compromise of claims.
``(C) Execution of duties by officers and agents.--
Any duty that is imposed upon a customs officer or any
other person with respect to the seizure and forfeiture
of property under the customs laws shall be performed
with respect to a seizure or forfeiture of property
under this section by the officer or other person that
is authorized or designated for that purpose.
``(3) In rem liability.--A vessel that is used in violation
of this section shall, in addition to any other liability
prescribed under this subsection, be liable in rem for any fine
or civil penalty imposed under this section.''.
(b) Clerical Amendment.--The analysis for chapter 109 of title 18,
United States Code, is amended by adding at the end the following:
``2237. Sanctions for failure to heave to; sanctions for obstruction of
boarding or providing false information.''.
SEC. 2022. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 675. Civil penalty for failure to comply with a lawful boarding,
obstruction of boarding, or providing false information
``(a) In General.--Any person who violates section 2237(b) of title
18 shall be liable for a civil penalty of not more than $25,000.
``(b) In Rem Liability.--In addition to being subject to the
liability under subsection (a), a vessel used to violate an order
relating to the boarding of a vessel issued under the authority of
section 2237 of title 18 shall be liable in rem and may be seized,
forfeited, and sold in accordance with section 594 of the Tariff Act of
1930 (19 U.S.C. 1594).''.
(b) Clerical Amendment.--The table of contents at the beginning of
chapter 17 of title 14, United States Code, is amended by adding at the
end the following:
``675. Civil penalty for failure to comply with a lawful boarding,
obstruction of boarding, or providing false
information.''.
SEC. 2023. CUSTOMS ORDERS.
Section 581 of the Tariff Act of 1930 (19 U.S.C. 1581) is amended
by adding at the end the following:
``(i) In this section, the term `authorized place' includes, with
respect to a vessel or vehicle, a location in a foreign country at
which United States customs officers are permitted to conduct
inspections, examinations, or searches.''.
PART III--SMUGGLING OF CONTRABAND AND OTHER ILLEGAL PRODUCTS
SEC. 2031. SMUGGLING CONTRABAND AND OTHER GOODS FROM THE UNITED STATES.
(a) In General.--
(1) Smuggling goods from united states.--Chapter 27 of
title 18, United States Code, as amended by section 2012(a) of
this Act, is amended by adding at the end the following:
``Sec. 555. Smuggling goods from the United States
``(a) United States Defined.--In this section, the term `United
States' has the meaning given that term in section 545.
``(b) Penalties.--Whoever--
``(1) fraudulently or knowingly exports or sends from the
United States, or attempts to export or send from the United
States, any merchandise, article, or object contrary to any law
of the United States (including any regulation of the United
States); or
``(2) receives, conceals, buys, sells, or in any manner
facilitates the transportation, concealment, or sale of that
merchandise, article, or object, prior to exportation, knowing
that merchandise, article, or object to be intended for
exportation contrary to any law of the United States;
shall be fined under this title, imprisoned not more than 5 years, or
both.''.
(2) Clerical amendment.--The analysis for chapter 27 of
title 18, United States Code, is amended by adding at the end
the following:
``555. Smuggling goods from the United States.''.
(b) Laundering of Monetary Instruments.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by inserting ``section 555
(relating to smuggling goods from the United States),'' before
``section 641 (relating to public money, property, or records),''.
(c) Merchandise Exported From United States.--Section 596 of the
Tariff Act of 1930 (19 U.S.C. 1595a) is amended by adding at the end
the following:
``(d) Merchandise Exported From the United States.--Merchandise
exported or sent from the United States or attempted to be exported or
sent from the United States contrary to law, or the value thereof, and
property used to facilitate the receipt, purchase, transportation,
concealment, or sale of that merchandise prior to exportation shall be
forfeited to the United States.''.
SEC. 2032. CUSTOMS DUTIES.
(a) In General.--Section 542 of title 18, United States Code, is
amended--
(1) in the section heading, by adding ``, theft,
embezzlement, or misapplication of duties'' at the end;
(2) by redesignating the fourth and fifth undesignated
paragraphs as subsections (b) and (c), respectively;
(3) in the third undesignated paragraph--
(A) by striking ``Shall be fined'' and inserting
the following:
``shall be fined''; and
(B) by striking ``two years'' and inserting ``5
years'';
(4) in the second undesignated paragraph--
(A) by striking ``Whoever is guilty'' and inserting
the following:
``(2) is guilty''; and
(B) by striking ``act or omission--'' and inserting
``act or omission; or'';
(5) in the first undesignated paragraph, by striking
``Whoever enters or'' and inserting the following:
``(a) Whoever--
``(1) enters or''; and
(6) in subsection (a) (as designated by paragraph (5) of
this subsection), by inserting after paragraph (2) (as
designated by paragraph (4) of this subsection) the following:
``(3) embezzles, steals, abstracts, purloins, willfully
misapplies, willfully permits to be misapplied, or wrongfully
converts to his own use, or to the use of another, moneys,
funds, credits, assets, securities, or other property entrusted
to his or her custody or care, or to the custody or care of
another for the purpose of paying any lawful duties;''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 18,
United States Code, is amended by striking the item relating to section
542 and inserting the following:
``542. Entry of goods by means of false statements, theft,
embezzlement, or misapplication of
duties.''.
SEC. 2033. FALSE CERTIFICATIONS RELATING TO EXPORTS.
(a) In General.--Chapter 27 of title 18, United States Code, as
amended by section 2021(a) of this Act, is amended by adding at the end
the following:
``Sec. 556. False certifications relating to exports
``Whoever knowingly transmits in interstate or foreign commerce any
false or fraudulent certificate of origin, invoice, declaration,
affidavit, letter, paper, or statement (whether written or otherwise),
that represents explicitly or implicitly that goods, wares, or
merchandise to be exported qualify for purposes of any international
trade agreement to which the United States is a signatory shall be
fined under this title, imprisoned not more than 5 years, or both.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 18,
United States Code, is amended by adding at the end the following:
``556. False certifications relating to exports.''.
PART IV--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS
SEC. 2041. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST TREATY.
Chapter 209 of title 18, United States Code, is amended by adding
at the end the following:
``Sec. 3197. Extradition for offenses not covered by a list treaty
``(a) Serious Offense Defined.--In this section, the term `serious
offense' means conduct that would be--
``(1) an offense described in any multilateral treaty to
which the United States is a party that obligates parties--
``(A) to extradite alleged offenders found in the
territory of the parties; or
``(B) submit the case to the competent authorities
of the parties for prosecution; or
``(2) conduct that, if that conduct occurred in the United
States, would constitute--
``(A) a crime of violence (as defined in section
16);
``(B) the distribution, manufacture, importation,
or exportation of a controlled substance (as defined in
section 201 of the Controlled Substances Act (21 U.S.C.
802));
``(C) bribery of a public official or
misappropriation, embezzlement, or theft of public
funds by or for the benefit of a public official;
``(D) obstruction of justice, including payment of
bribes to jurors or witnesses;
``(E) the laundering of monetary instruments, as
described in section 1956, if the value of the monetary
instruments involved exceeds $100,000;
``(F) fraud, theft, embezzlement, or commercial
bribery if the aggregate value of property that is the
object of all of the offenses related to the conduct
exceeds $100,000;
``(G) counterfeiting, if the obligations,
securities, or other items counterfeited have an
apparent value that exceeds $100,000;
``(H) a conspiracy or attempt to commit any of the
offenses described in any of subparagraphs (A) through
(G), or aiding and abetting a person who commits any
such offense; or
``(I) a crime against children under chapter 109A
or section 2251, 2251A, 2252, or 2252A.
``(b) Authorization of Filing.--
``(1) In general.--If a foreign government makes a request
for the extradition of a person who is charged with or has been
convicted of an offense within the jurisdiction of that foreign
government, and an extradition treaty between the United States
and the foreign government is in force, but the treaty does not
provide for extradition for the offense with which the person
has been charged or for which the person has been convicted,
the Attorney General may authorize the filing of a complaint
for extradition pursuant to subsections (c) and (d).
``(2) Filing of complaints.--
``(A) In general.--A complaint authorized under
paragraph (1) shall be filed pursuant to section 3184.
``(B) Procedures.--With respect to a complaint
filed under paragraph (1), the procedures contained in
sections 3184 and 3186 and the terms of the relevant
extradition treaty shall apply as if the offense were a
crime provided for by the treaty, in a manner
consistent with section 3184.
``(c) Criteria for Authorization of Complaints.--
``(1) In general.--The Attorney General may authorize the
filing of a complaint under subsection (b) only upon a
certification--
``(A) by the Attorney General, that in the judgment
of the Attorney General--
``(i) the offense for which extradition is
sought is a serious offense; and
``(ii) submission of the extradition
request would be important to the law
enforcement interests of the United States or
otherwise in the interests of justice; and
``(B) by the Secretary of State, that in the
judgment of the Secretary of State, submission of the
request would be consistent with the foreign policy
interests of the United States.
``(2) Factors for consideration.--In making any
certification under paragraph (1)(B), the Secretary of State
may consider whether the facts and circumstances of the request
then known appear likely to present any significant impediment
to the ultimate surrender of the person who is the subject of
the request for extradition, if that person is found to be
extraditable.
``(d) Cases of Urgency.--
``(1) In general.--In any case of urgency, the Attorney
General may, with the concurrence of the Secretary of State and
before any formal certification under subsection (c), authorize
the filing of a complaint seeking the provisional arrest and
detention of the person sought for extradition before the
receipt of documents or other proof in support of the request
for extradition.
``(2) Applicability of relevant treaty.--With respect to a
case described in paragraph (1), a provision regarding
provisional arrest in the relevant treaty shall apply.
``(3) Filing and effect of filing of complaints.--
``(A) In general.--A complaint authorized under
this subsection shall be filed in the same manner as
provided in section 3184.
``(B) Issuance of orders.--Upon the filing of a
complaint under this subsection, the appropriate
judicial officer may issue an order for the provisional
arrest and detention of the person as provided in
section 3184.
``(e) Conditions of Surrender; Assurances.--
``(1) In general.--Before issuing a warrant of surrender
under section 3184 or 3186, the Secretary of State may--
``(A) impose conditions upon the surrender of the
person that is the subject of the warrant; and
``(B) require those assurances of compliance with
those conditions as are determined by the Secretary to
be appropriate.
``(2) Additional assurances.--
``(A) In general.--In addition to imposing
conditions and requiring assurances under paragraph
(1), the Secretary of State shall demand, as a condition of the
extradition of the person in every case, an assurance described in
subparagraph (B) that the Secretary determines to be satisfactory.
``(B) Description of assurances.--An assurance
described in this subparagraph is an assurance that the
person that is sought for extradition shall not be
tried or punished for an offense other than that for
which the person has been extradited, absent the
consent of the United States.''.
SEC. 2042. EXTRADITION ABSENT A TREATY.
Chapter 209 of title 18, United States Code, as amended by section
2041 of this Act, is amended by adding at the end the following:
``Sec. 3198. Extradition absent a treaty
``(a) Serious Offense Defined.--In this section, the term `serious
offense' has the meaning given that term in section 3197(a).
``(b) Authorization of Filing.--
``(1) In general.--If a foreign government makes a request
for the extradition of a person who is charged with or has been
convicted of an offense within the jurisdiction of that foreign
government, and no extradition treaty is in force between the
United States and the foreign government, the Attorney General
may authorize the filing of a complaint for extradition
pursuant to subsections (c) and (d).
``(2) Filing and treatment of complaints.--
``(A) In general.--A complaint authorized under
paragraph (1) shall be filed pursuant to section 3184.
``(B) Procedures.--With respect to a complaint
filed under paragraph (1), procedures of sections 3184
and 3186 shall be followed as if the offense were a
`crime provided for by such treaty' as described in
section 3184.
``(c) Criteria for Authorization of Complaints.--The Attorney
General may authorize the filing of a complaint described in subsection
(b) only upon a certification--
``(1) by the Attorney General, that in the judgment of the
Attorney General--
``(A) the offense for which extradition is sought
is a serious offense; and
``(B) submission of the extradition request would
be important to the law enforcement interests of the
United States or otherwise in the interests of justice;
and
``(2) by the Secretary of State, that in the judgment of
the certifying official, based on information then known--
``(A) submission of the request would be consistent
with the foreign policy interests of the United States;
``(B) the facts and circumstances of the request,
including humanitarian considerations, do not appear
likely to present a significant impediment to the
ultimate surrender of the person if found extraditable;
and
``(C) the foreign government submitting the request
is not submitting the request in order to try or punish
the person sought for extradition primarily on the
basis of the race, religion, nationality, or political
opinions of that person.
``(d) Limitations on Delegation.--
``(1) Delegation by attorney general.--The authorities and
responsibilities of the Attorney General under subsection (c)
may be delegated only to the Deputy Attorney General.
``(2) Delegation.--The authorities and responsibilities of
the Secretary of State set forth in this subsection may be
delegated only to the Deputy Secretary of State.
``(e) Cases of Urgency.--
``(1) In general.--In any case of urgency, the Attorney
General may, with the concurrence of the Secretary of State and
before any formal certification under subsection (c), authorize
the filing of a complaint seeking the provisional arrest and
detention of the person sought for extradition before the
receipt of documents or other proof in support of the request
for extradition.
``(2) Filing of complaints; order by judicial officer.--
``(A) Filing.--A complaint filed under this
subsection shall be filed in the same manner as
provided in section 3184.
``(B) Orders.--Upon the filing of a complaint under
subparagraph (A), the appropriate judicial officer may
issue an order for the provisional arrest and detention
of the person.
``(C) Releases.--If, not later than 45 days after
the arrest, the formal request for extradition and
documents in support of that are not received by the
Department of State, the appropriate judicial officer
may order that a person detained pursuant to this
subsection be released from custody.
``(f) Hearings.--
``(1) In general.--Subject to subsection (h), upon the
filing of a complaint for extradition and receipt of documents
or other proof in support of the request of a foreign
government for extradition, the appropriate judicial officer
shall hold a hearing to determine whether the person sought for
extradition is extraditable.
``(2) Criteria for extradition.--Subject to subsection (g)
in a hearing conducted under paragraph (1), the judicial
officer shall find a person extraditable if the officer finds--
``(A) probable cause to believe that the person
before the judicial officer is the person sought in the
foreign country of the requesting foreign government;
``(B) probable cause to believe that the person
before the judicial officer committed the offense for
which that person is sought, or was duly convicted of
that offense in the foreign country of the requesting
foreign government;
``(C) that the conduct upon which the request for
extradition is based, if that conduct occurred within
the United States, would be a serious offense
punishable by imprisonment for more than 10 years under
the laws of--
``(i) the United States;
``(ii) the majority of the States in the
United States; or
``(iii) of the State in which the fugitive
is found; and
``(D) no defense to extradition under subsection
(g) has been established.
``(g) Limitation of Extradition.--
``(1) In general.--A judicial officer shall not find a
person extraditable under this section if the person has
established that the offense for which extradition is sought
is--
``(A) an offense for which the person is being
proceeded against, or has been tried or punished, in
the United States; or
``(B) a political offense.
``(2) Political offenses.--For purposes of this section, a
political offense does not include--
``(A) a murder or other violent crime against the
person of a head of state of a foreign state, or of a
member of the family of the head of state;
``(B) an offense for which both the United States
and the requesting foreign government have the
obligation pursuant to a multilateral international
agreement to--
``(i) extradite the person sought; or
``(ii) submit the case to the competent
authorities for decision as to prosecution; or
``(C) a conspiracy or attempt to commit any of the
offenses referred to in subparagraph (A) or (B), or
aiding or abetting a person who commits or attempts to
commit any such offenses.
``(h) Limitations on Factors for Consideration at Hearings.--
``(1) In general.--At a hearing conducted under subsection
(a), the judicial officer conducting the hearing shall not
consider issues regarding--
``(A) humanitarian concerns;
``(B) the nature of the judicial system of the
requesting foreign government; and
``(C) whether the foreign government is seeking
extradition of a person for the purpose of prosecuting
or punishing the person because of the race, religion,
nationality or political opinions of that person.
``(2) Consideration by secretary of state.--The issues
referred to in paragraph (1) shall be reserved for
consideration exclusively by the Secretary of State as
described in subsection (c)(2).
``(3) Additional consideration.--Notwithstanding the
certification requirements described in subsection (c)(2), the
Secretary of State may, within the sole discretion of the
Secretary--
``(A) in addition to considering the issues
referred to in paragraph (1) for purposes of certifying
the filing of a complaint under this section, consider
those issues again in exercising authority to surrender
the person sought for extradition in carrying out the
procedures under section 3184 and 3186; and
``(B) impose conditions on surrender including
those provided in subsection (i).
``(i) Conditions of Surrender; Assurances.--
``(1) In general.--The Secretary of State may--
``(A) impose conditions upon the surrender of a
person sought for extradition under this section; and
``(B) require such assurances of compliance with
those conditions as the Secretary determines to be
appropriate.
``(2) Additional assurances.--In addition to imposing
conditions and requiring assurances under paragraph (1), the
Secretary shall demand, as a condition of the extradition of
the person that is sought for extradition--
``(A) in every case, an assurance the Secretary
determines to be satisfactory that the person shall not
be tried or punished for an offense other than the
offense for which the person has been extradited,
absent the consent of the United States; and
``(B) in a case in which the offense for which
extradition is sought is punishable by death in the
foreign country of the requesting foreign government
and is not so punishable under the applicable laws in
the United States, an assurance the Secretary
determines to be satisfactory that the death penalty--
``(i) shall not be imposed; or
``(ii) if imposed, shall not be carried
out.''.
SEC. 2043. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--Chapter 209 of title 18, United States Code, is
amended--
(1) in section 3181, by inserting ``, other than sections
3197 and 3198,'' after ``The provisions of this chapter'' each
place that term appears; and
(2) in section 3186, by striking ``or 3185'' and inserting
``, 3185, 3197, or 3198''.
(b) Clerical Amendment.--The analysis for chapter 209 of title 18,
United States Code, is amended by adding at the end the following:
``3197. Extradition for offenses not covered by a list treaty.
``3198. Extradition absent a treaty.''.
SEC. 2044. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR PROSECUTION.
(a) In General.--Chapter 306 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4116. Temporary transfer for prosecution
``(a) State Defined.--In this section, the term `State' includes a
State of the United States, the District of Columbia, and a
commonwealth, territory, or possession of the United States.
``(b) Authority of Attorney General With Respect to Temporary
Transfers.--
``(1) In general.--Subject to subsection (d), if a person
is in pretrial detention or is otherwise being held in custody
in a foreign country based upon a violation of the law in that
foreign country, and that person is found extraditable to the
United States by the competent authorities of that foreign
country while still in the pretrial detention or custody, the
Attorney General shall have the authority--
``(A) to request the temporary transfer of that
person to the United States in order to face
prosecution in a Federal or State criminal proceeding;
``(B) to maintain the custody of that person while
the person is in the United States; and
``(C) to return that person to the foreign country
at the conclusion of the criminal prosecution,
including any imposition of sentence.
``(2) Requirements for requests by attorney general.--The
Attorney General shall make a request under paragraph (1) only
if the Attorney General determines, after consultation with the
Secretary of State, that the return of that person to the
foreign country in question would be consistent with
international obligations of the United States.
``(c) Authority of Attorney General With Respect to Pretrial
Detentions.--
``(1) In general.--
``(A) Authority of attorney general.--Subject to
paragraph (2) and subsection (d), the Attorney General
shall have the authority to carry out the actions
described in subparagraph (B), if--
``(i) a person is in pretrial detention or
is otherwise being held in custody in the
United States based upon a violation of Federal
or State law, and that person is found
extraditable to a foreign country while still
in the pretrial detention or custody pursuant
to section 3184, 3197, or 3198; and
``(ii) a determination is made by the
Secretary of State and the Attorney General
that the person will be surrendered.
``(B) Actions.--If the conditions described in
subparagraph (A) are met, the Attorney General shall
have the authority to--
``(i) temporarily transfer the person
described in subparagraph (A) to the foreign
country of the foreign government requesting
the extradition of that person in order to face
prosecution;
``(ii) transport that person from the
United States in custody; and
``(iii) return that person in custody to
the United States from the foreign country.
``(2) Consent by state authorities.--If the person is being
held in custody for a violation of State law, the Attorney
General may exercise the authority described in paragraph (1)
if the appropriate State authorities give their consent to the
Attorney General.
``(3) Criterion for request.--The Attorney General shall
make a request under paragraph (1) only if the Attorney General
determines, after consultation with the Secretary of State,
that the return of the person sought for extradition to the
foreign country of the foreign government requesting the
extradition would be consistent with United States
international obligations.
``(4) Effect of temporary transfer.--With regard to any
person in pretrial detention--
``(A) a temporary transfer under this subsection
shall result in an interruption in the pretrial
detention status of that person; and
``(B) the right to challenge the conditions of
confinement pursuant to section 3142(f) does not extend
to the right to challenge the conditions of confinement
in a foreign country while in that foreign country
temporarily under this subsection.
``(d) Consent by Parties To Waive Prior Finding of Whether a Person
Is Extraditable.--The Attorney General may exercise the authority
described in subsections (b) and (c) absent a prior finding that the
person in custody is extraditable, if the person, any appropriate State
authorities in a case under subsection (c), and the requesting foreign
government give their consent to waive that requirement.
``(e) Return of Persons.--
``(1) In general.--If the temporary transfer to or from the
United States of a person in custody for the purpose of
prosecution is provided for by this section, that person shall
be returned to the United States or to the foreign country from
which the person is transferred on completion of the
proceedings upon which the transfer was based.
``(2) Statutory interpretation with respect to immigration
laws.--In no event shall the return of a person under paragraph
(1) require extradition proceedings or proceedings under the
immigration laws.
``(3) Certain rights and remedies barred.--Notwithstanding
any other provision of law, a person temporarily transferred to
the United States pursuant to this section shall not be
entitled to apply for or obtain any right or remedy under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
including the right to apply for or be granted asylum or
withholding of deportation.''.
(b) Clerical Amendment.--The analysis for chapter 306 of title 18,
United States Code, is amended by adding at the end the following:
``4116. Temporary transfer for prosecution.''.
SEC. 2045. PROHIBITING FUGITIVES FROM BENEFITING FROM FUGITIVE STATUS.
(a) In General.--Chapter 163 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2466. Fugitive disentitlement
``A person may not use the resources of the courts of the United
States in furtherance of a claim in any related civil forfeiture action
or a claim in third party proceedings in any related criminal
forfeiture action if that person--
``(1) purposely leaves the jurisdiction of the United
States;
``(2) declines to enter or reenter the United States to
submit to its jurisdiction; or
``(3) otherwise evades the jurisdiction of the court in
which a criminal case is pending against the person.''.
(b) Clerical Amendment.--The analysis for chapter 163 of title 28,
United States Code, is amended by adding at the end the following:
``2466. Fugitive disentitlement.''.
SEC. 2046. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES IN COUNTRY
OF ORIGIN.
Section 4100(b) of title 18, United States Code, is amended in the
third sentence by striking ``An offender'' and inserting ``Unless
otherwise provided by treaty, an offender''.
SEC. 2047. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN COUNTRIES.
(a) In General.--Chapter 305 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4087. Transit through the United States of persons wanted in a
foreign country
``(a) In General.--The Attorney General may, in consultation with
the Secretary of State, permit the temporary transit through the United
States of a person wanted for prosecution or imposition of sentence in
a foreign country.
``(b) Limitation on Judicial Review.--A determination by the
Attorney General to permit or not to permit a temporary transit
described in subsection (a) shall not be subject to judicial review.
``(c) Custody.--If the Attorney General permits a temporary transit
under subsection (a), Federal law enforcement personnel may hold the
person subject to that transit in custody during the transit of the
person through the United States.
``(d) Conditions Applicable to Persons Subject to Temporary
Transit.--Notwithstanding any other provision of law, a person who is
subject to a temporary transit through the United States under this
section shall--
``(1) be required to have only such documents as the
Attorney General shall require;
``(2) not be considered to be admitted or paroled into the
United States; and
``(3) not be entitled to apply for or obtain any right or
remedy under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), including the right to apply for or be granted asylum
or withholding of deportation.''.
(b) Clerical Amendment.--The analysis for chapter 305 of title 18,
United States Code, is amended by adding at the end the following:
``4087. Transit through the United States of persons wanted in a
foreign country.''.
PART V--SEIZING AND FORFEITING ASSETS OF INTERNATIONAL CRIMINALS
SEC. 2051. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI-MONEY LAUNDERING
ORDERS.
(a) Reporting Violations.--Section 5324(a) of title 31, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
or the reporting requirements imposed by an order issued
pursuant to section 5326'' after ``any such section'';
(2) in paragraph (1), by inserting ``, or a report required
under any order issued pursuant to section 5326'' before the
semicolon; and
(3) in paragraph (2), by inserting ``, or a report required
under any order issued pursuant to section 5326,'' after ``any
such section''.
(b) Penalties.--Sections 5321(a)(1), 5322(a), and 5322(b) of title
31, United States Code, are each amended by inserting ``or order
issued'' after ``or a regulation prescribed'' each place it appears.
SEC. 2052. CRACKING DOWN ON ILLEGAL MONEY TRANSMITTING BUSINESSES.
Section 1960 of title 18, United States Code, is amended by adding
at the end the following:
``(c) For the purposes of proving a violation of this section
involving an illegal money transmitting business--
``(1) it shall be sufficient for the government to prove
that the defendant knew that the money transmitting business
lacked a license required by State law; and
``(2) it shall not be necessary to show that the defendant
knew that the operation of such a business without the required
license was an offense punishable as a felony or misdemeanor
under State law.''.
SEC. 2053. EXPANSION OF CIVIL MONEY LAUNDERING LAWS TO REACH FOREIGN
PERSONS.
Section 1956(b) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(b)''; and
(3) by adding at the end the following:
``(2) For purposes of adjudicating an action filed or enforcing a
penalty ordered under this section, the district courts shall have
jurisdiction over any foreign person, including any financial
institution registered in a foreign country, that commits an offense
under subsection (a) involving a financial transaction that occurs in
whole or in part in the United States, if service of process upon the
foreign person is made in accordance with the Federal Rules of Civil
Procedure or the law of the foreign country in which the foreign person
is found.
``(3) The court may issue a pretrial restraining order or take any
other action necessary to ensure that any bank account or other
property held by the defendant in the United States is available to
satisfy a judgment under this section.''.
SEC. 2054. PUNISHMENT OF MONEY LAUNDERING THROUGH FOREIGN BANKS.
Section 1956(c)(6) of title 18, United States Code, is amended to
read as follows:
``(6) the term `financial institution' includes any
financial institution described in section 5312(a)(2) of title
31, or the regulations promulgated thereunder, as well as any
foreign bank (as defined in section 1(b)(7) of the
International Banking Act of 1978 (12 U.S.C. 3101(7));''.
SEC. 2055. AUTHORITY TO ORDER CONVICTED CRIMINALS TO RETURN PROPERTY
LOCATED ABROAD.
(a) Order of Forfeiture.--Subsection (p) of section 413 of the
Controlled Substances Act (21 U.S.C. 853) is amended by adding at the
end the following: ``In the case of property described in paragraph
(3), the court may, in addition, order the defendant to return the
property to the jurisdiction of the court so that the property may be
seized and forfeited.''.
(b) Pretrial Restraining Order.--Subsection (e) of that section is
amended by adding at the end the following:
``(4)(A) Pursuant to its authority to enter a pretrial restraining
order under this section, including its authority to restrain any
property forfeitable as substitute assets, the court may also order the
defendant to repatriate any property subject to forfeiture pending
trial, and to deposit that property in the registry of the court, or
with the United States Marshals Service or the Secretary of the
Treasury, in an interest-bearing account.
``(B) Failure to comply with an order under this subsection, or an
order to repatriate property under subsection (p), shall be punishable
as a civil or criminal contempt of court, and may also result in an
enhancement of the sentence for the offense giving rise to the
forfeiture under the obstruction of justice provision of section 3C1.1
of the Federal Sentencing Guidelines.''.
SEC. 2056. EXEMPTING FINANCIAL ENFORCEMENT DATA FROM UNNECESSARY
DISCLOSURE.
(a) IEEPA.--Section 203(a) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Information obtained under this title, whether obtained
before or after the date of the enactment of this paragraph, may be
withheld only to the extent permitted by statute, except that
information submitted, obtained, or considered in connection with any
transaction prohibited under this title, including license
applications, licenses or other authorizations, information or evidence
obtained in the course of any investigation, and information obtained
or furnished under this title in connection with international
agreements, treaties, or obligations shall be withheld from public
disclosure, and shall not be subject to disclosure under section 552 of
title 5, United States Code, unless the release of the information is
determined by the President to be in the national interest.''.
(b) Trading With the Enemy Act.--Section 5(b) of the Trading with
the enemy Act (50 U.S.C. App. 5(b)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Information obtained under this Act, whether obtained before
or after the date of the enactment of this paragraph, may be withheld
only to the extent permitted by statute, except that information
submitted, obtained, or considered in connection with any transaction
prohibited under this Act, including license applications, licenses or
other authorizations, information or evidence obtained in the course of
any investigation, and information obtained or furnished under this
title in connection with international agreements, treaties, or
obligations shall be withheld from public disclosure, and shall not be
subject to disclosure under section 552 of title 5, United States Code,
unless the release of the information is determined by the President to
be in the national interest.''.
SEC. 2057. CRIMINAL AND CIVIL PENALTIES UNDER THE INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT.
(a) Increased Civil Penalty.--Subsection (a) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) is amended
by striking ``$10,000'' and inserting ``$50,000''.
(b) Increased Criminal Fine.--Subsection (b) of that section is
amended to read as follows:
``(b) Whoever willfully violates any license, order, or regulation
issued under this title shall be fined not more that $1,000,000 if an
organization (as defined in section 18 of title 18, United States
Code), and not more than $250,000, imprisoned not more that 10 years,
or both, if an individual.''.
SEC. 2058. ATTEMPTED VIOLATIONS OF THE TRADING WITH THE ENEMY ACT.
Section 16 of the Trading with the enemy Act (50 U.S.C. App. 16) is
amended--
(1) in subsection (a), by inserting ``or attempt to
violate'' after ``violate'' each time it appears; and
(2) in subsection (b)(1), by inserting ``or attempts to
violate'' after ``violates''.
SEC. 2059. JURISDICTION OVER CERTAIN FINANCIAL CRIMES COMMITTED ABROAD.
Section 1029 of title 18, United States Code, is amended by adding
at the end the following:
``(h) Any person who, outside the jurisdiction of the United
States, engages in any act that, if committed within the jurisdiction
of the United States, would constitute an offense under subsection (a)
or (b), shall be subject to the same penalties as if that offense had
been committed in the United States, if the act--
``(1) involves an access device issued, owned, managed, or
controlled by a financial institution, account issuer, credit
card system member, or other entity within the jurisdiction of
the United States; and
``(2) causes, or if completed would have caused, a transfer
of funds from or a loss to an entity listed in paragraph
(1).''.
PART VI--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST
INTERNATIONAL CRIME
SEC. 2071. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT REQUESTS.
(a) In General.--Chapter 117 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1785. Assistance to foreign authorities
``(a) In General.--
``(1) Presentation of requests.--The Attorney General may
present a request made by a foreign government for assistance
with respect to a foreign investigation, prosecution, or
proceeding regarding a criminal matter pursuant to a treaty,
convention, or executive agreement for mutual legal assistance
between the United States and that government or in accordance
with section 1782, the execution of which requires or appears
to require the use of compulsory measures in more than 1
judicial district, to a judge or judge magistrate of--
``(A) any 1 of the districts in which persons who
may be required to appear to testify or produce
evidence or information reside or are found, or in
which evidence or information to be produced is
located; or
``(B) the United States District Court for the
District of Columbia.
``(2) Authority of court.--A judge or judge magistrate to
whom a request for assistance is presented under paragraph (1)
shall have the authority to issue those orders necessary to
execute the request including orders appointing a person to
direct the taking of testimony or statements and the production
of evidence or information, of whatever nature and in whatever
form, in execution of the request.
``(b) Authority of Appointed Persons.--A person appointed under
subsection (a)(2) shall have the authority to--
``(1) issue orders for the taking of testimony or
statements and the production of evidence or information, which
orders may be served at any place within the United States;
``(2) administer any necessary oath; and
``(3) take testimony or statements and receive evidence and
information.
``(c) Persons Ordered To Appear.--A person ordered pursuant to
subsection (b)(1) to appear outside the district in which that person
resides or is found may, not later than 10 days after receipt of the
order--
``(1) file with the judge or judge magistrate who
authorized execution of the request a motion to appear in the
district in which that person resides or is found or in which
the evidence or information is located; or
``(2) provide written notice, requesting appearance in the
district in which the person resides or is found or in which
the evidence or information is located, to the person issuing
the order to appear, who shall advise the judge or judge
magistrate authorizing execution.
``(d) Transfer of Requests.--
``(1) In general.--The judge or judge magistrate may
transfer a request under subsection (c), or that portion
requiring the appearance of that person, to the other district
if--
``(A) the inconvenience to the person is
substantial; and
``(B) the transfer is unlikely to adversely affect
the effective or timely execution of the request or a
portion thereof.
``(2) Execution.--Upon transfer, the judge or judge
magistrate to whom the request or a portion thereof is
transferred shall complete its execution in accordance with
subsections (a) and (b).''.
(b) Clerical Amendment.--The analysis for chapter 117 of title 28,
United States Code, is amended by adding at the end the following:
``1785. Assistance to foreign authorities.''.
SEC. 2072. TEMPORARY TRANSFER OF INCARCERATED WITNESSES.
(a) In General.--Section 3508 of title 18, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 3508. Temporary transfer of witnesses in custody'';
(2) in subsection (a), by inserting ``In General.--'' after
``(a)''; and
(3) by striking subsections (b) and (c) and inserting the
following:
``(b) Transfer Authority.--
``(1) In general.--If the testimony of a person who is
serving a sentence, in pretrial detention, or otherwise being
held in custody in the United States, is needed in a foreign
criminal proceeding, the Attorney General shall have the
authority to--
``(A) temporarily transfer that person to the
foreign country for the purpose of giving the
testimony;
``(B) transport that person from the United States
in custody;
``(C) make appropriate arrangements for custody for
that person while outside the United States; and
``(D) return that person in custody to the United
States from the foreign country.
``(2) Persons held for state law violations.--If the person
is being held in custody for a violation of State law, the
Attorney General may exercise the authority described in this
subsection if the appropriate State authorities give their
consent.
``(c) Return of Persons Transferred.--
``(1) In general.--If the transfer to or from the United
States of a person in custody for the purpose of giving
testimony is provided for by treaty or convention, by this
section, or both, that person shall be returned to the United
States, or to the foreign country from which the person is
transferred.
``(2) Limitation.--In no event shall the return of a person
under this subsection require any request for extradition or
extradition proceedings, or require that person to be subject
to deportation or exclusion proceedings under the laws of the
United States, or the foreign country from which the person is
transferred.
``(d) Applicability of International Agreements.--If there is an
international agreement between the United States and the foreign
country in which a witness is being held in custody or to which the
witness will be transferred from the United States, that provides for
the transfer, custody, and return of those witnesses, the terms and
conditions of that international agreement shall apply. If there is no
such international agreement, the Attorney General may exercise the
authority described in subsections (a) and (b) if both the foreign
country and the witness give their consent.
``(e) Rights of Persons Transferred.--
``(1) Notwithstanding any other provision of law, a person
held in custody in a foreign country who is transferred to the
United States pursuant to this section for the purpose of
giving testimony--
``(A) shall not by reason of that transfer, during
the period that person is present in the United States
pursuant to that transfer, be entitled to apply for or
obtain any right or remedy under the Immigration and
Nationality Act, including the right to apply for or be
granted asylum or withholding of deportation or any
right to remain in the United States under any other
law; and
``(B) may be summarily removed from the United
States upon order of the Attorney General.
``(2) Rule of construction.--Nothing in this subsection may
be construed to create any substantive or procedural right or
benefit to remain in the United States that is legally
enforceable in a court of law of the United States or of a
State by any party against the United States or its agencies or
officers.
``(f) Consistency With International Obligations.--The Attorney
General shall not take any action under this section to transfer or
return a person to a foreign country unless the Attorney General
determines, after consultation with the Secretary of State, that
transfer or return would be consistent with the international
obligations of the United States. A determination by the Attorney
General under this subsection shall not be subject to judicial review
by any court.''.
(b) Clerical Amendment.--The analysis for chapter 223 of title 18,
United States Code, is amended by striking the item relating to section
3508 and inserting the following:
``3508. Temporary transfer of witnesses in custody.''.
SEC. 2073. TRAINING OF FOREIGN LAW ENFORCEMENT AGENCIES.
Section 660(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2420(b)) is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(7) with respect to assistance, including training,
provided for antiterrorism purposes.''.
SEC. 2074. DISCRETIONARY AUTHORITY TO USE FORFEITURE PROCEEDS.
Section 524(c)(1) of title 28, United States Code, is amended by--
(1) by striking ``and'' at the end of subparagraph (H);
(2) redesignating subparagraph (I) beginning with ``after
all'' as subparagraph (J);
(3) in subparagraph (J) as so redesignated, by striking the
period and inserting ``; and''; and
(4) adding at the end the following:
``(K) at the discretion of the Attorney General,
payments to return forfeited property repatriated to
the United States by a foreign government or others
acting at the direction of a foreign government, and
interest earned on the property, if--
``(i) a final foreign judgment entered
against a foreign government or those acting at
its direction, which foreign judgment was based
on the measures, such as seizure and
repatriation of property, that resulted in
deposit of the funds into the Fund;
``(ii) the foreign judgment was entered and
presented to the Attorney General not later
than 5 years after the date on which the
property was repatriated to the United States;
``(iii) the foreign government or those
acting at its direction vigorously defended its
actions under its own laws; and
``(iv) the amount of the disbursement does
not exceed the amount of funds deposited to the
Fund, plus interest earned on those funds
pursuant to paragraph (5), less any awards and
equitable shares paid by the Fund to the
foreign government or those acting at its
direction in connection with a particular
case.''.
Subchapter B--International Drug Control
SEC. 2101. ANNUAL COUNTRY PLANS FOR DRUG-TRANSIT AND DRUG PRODUCING
COUNTRIES.
Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j)
is amended by adding at the end the following:
``(i) Country Plans for Major Drug-Transit and Major Illicit Drug
Producing Countries.--
``(1) Annual requirement.--Not later than November 1 each
year, the President shall submit to Congress a separate plan
for the activities to be undertaken by the United States in
order to address drug-trafficking and other drug-related
matters in each country described in paragraph (2).
``(2) Covered countries.--A country referred to in
paragraph (1) is any country--
``(A) that is determined by the President to be a
major drug-transit country or a major illicit drug
producing country; and
``(B) with which the United States is maintaining
diplomatic relations.
``(3) Form.--Each plan under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.''.
SEC. 2102. PROHIBITION ON USE OF FUNDS FOR COUNTERNARCOTICS ACTIVITIES
AND ASSISTANCE.
(a) Prohibition.--Notwithstanding any other provision of law, no
funds appropriated for any fiscal year after fiscal year 1999 for the
counterdrug or counternarcotics activities of the United States
(including funds appropriated for assistance to other countries for
such activities) may be obligated or expended for such activities
during the period beginning on November 1 of such fiscal year and
ending on the later of--
(1) the date of the notification required in such fiscal
year under subsection (h) of section 490 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j); or
(2) the date of the submittal of the plans required by
subsection (i) of that section, as amended by section 2101 of
this Act.
(b) Limitation on Override.--No provision of law enacted after the
date of the enactment of this Act may be construed to override the
prohibition set forth in subsection (a) unless such provision
specifically refers to such prohibition in effecting the override.
SEC. 2103. SENSE OF CONGRESS REGARDING COLOMBIA.
It is the sense of Congress--
(1) that the provision of counternarcotics assistance to
Colombia will not meet the purpose of the provision of such
assistance without meaningful guarantees that no production,
manufacturing, or transportation of narcotics takes place in
any area in Colombia designated as a so-called ``buffer zone'';
(2) to be concerned regarding continuing reports of human
rights violations by units of the Colombia military; and
(3) to reaffirm the policy that no aid, supplies, or other
assistance should be provided to any military or law
enforcement unit of a foreign country if such unit has engaged
in any violation of human rights.
SEC. 2104. SENSE OF CONGRESS REGARDING MEXICO.
It is the sense of Congress that--
(1) the United States and the Government of Mexico should
conclude a maritime agreement for purposes of improving
cooperation between the United States and Mexico in the
interdiction of seaborne drug smuggling;
(2) the maritime agreement should be similar to agreements
between the United States and governments of other countries in
the Caribbean and Latin America which have proven beneficial to
the counterdrug activities of the countries concerned;
(3) the Government of Mexico should carry through on its
promises to the United States Government regarding cooperation
between such governments in counternarcotics activities,
including cooperation in matters relating to extradition,
prosecutions for money laundering, and other matters;
(4) the Government of Mexico is to be commended for its
cooperation with and support of the United States Government in
many law enforcement matters; and
(5) the continuing investigation by the Government of
Mexico of United States law enforcement personnel who
participated in the money laundering sting operation known as
CASABLANCA is an attempt by that government to embarrass and
harass such personnel even though such personnel were acting
within the scope of United States law and Mexican law in
pursuing drug traffickers and money launderers operating both
in the United States and in Mexico.
SEC. 2105. SENSE OF CONGRESS REGARDING IRAN.
It is the sense of Congress to express concern that Iran was not
included on the most recent list of countries determined to be major
drug-transit countries or major illicit drug producing countries
despite recent evidence that Iran is a production and transfer point
for narcotics.
SEC. 2106. SENSE OF CONGRESS REGARDING SYRIA.
It is the sense of Congress to express concern that Syria was not
included on the most recent list of countries determined to be major
drug-transit countries or major illicit drug producing countries
despite recent evidence that Syria is a trans-shipment point for
narcotics from Turkey and from Afghanistan.
SEC. 2107. BRAZIL.
(a) King Air Aircraft for DEA Activities in Brazil.--
Notwithstanding any other provision of law, the Administrator of the
Drug Enforcement Administration may--
(1) purchase a King Air aircraft for purposes of
Administration activities in Brazil; and
(2) station the aircraft in Brazil for purposes of such
activities.
(b) Sense of Congress Regarding Assistance to Brazil.--It is the
sense of Congress--
(1) to encourage the President to review the nature of the
cooperation between the United States and Brazil in
counternarcotics activities;
(2) to recognize the extraordinary threat that narcotics
trafficking poses to the national security of Brazil and to the
national security of the United States;
(3) to applaud the efforts of the Brazil Government to
control drug trafficking in and through the Amazon River basin;
(4) to applaud the enactment of legislation by the Brazil
Congress that--
(A) authorizes appropriate personnel to damage,
render inoperative, or destroy aircraft within Brazil
territory that are reasonably suspected to be engaged
primarily in trafficking in illicit narcotics; and
(B) contains measures to protect against the loss
of innocent life during activities referred to in
subparagraph (A), including an effective measure to
identify and warn aircraft before the use of force; and
(5) to urge the President to issue a statement outlining
the matters referred to in paragraphs (1) through (4) in order
to prevent any interruption in the current provision by the
United States of operational, logistical, technical,
administrative, and intelligence assistance to Brazil.
SEC. 2108. JAMAICA.
(a) Requirement for Aerial Survey.--The President shall take
appropriate actions in order to provide for a comprehensive aerial
survey of Jamaica for purposes of determining the quantity and location
of any marijuana and other illegal drugs being grown in Jamaica.
(b) Sense of Congress.--It is the sense of Congress to express
disappointment regarding the lack of progress and cooperation between
the United States and Jamaica in counternarcotics activities.
SEC. 2109. SENSE OF CONGRESS REGARDING NORTH KOREA.
It is the sense of Congress--
(1) to be concerned with the increase in the number of
reports of drug trafficking in and through North Korea;
(2) to encourage the President to submit to Congress the
reports, if any, required by law regarding the production and
trafficking of narcotics in or through North Korea; and
(3) to express concern that the Department of State has
evaded its obligations with respect to North Korea under
section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j), and thereby diminished the significance to the United
States of narcotics production and transit in and through North
Korea, in order to enhance cultural exchanges between the
United States and North Korea.
Subchapter C--Foreign Military Counter-Drug Support
SEC. 2121. REPORTS AND ANALYSIS.
(a) Monthly Report.--The Secretary of State and the Secretary of
Defense shall submit to the Committee on International Relations and
the Committee on National Security of the House of Representatives and
the Committee on Foreign Relations and the Committee on Armed Services
of the Senate each month a report on the current status of any formal
letter of request for any foreign military sales of counter narcotics-
related assistance from the head of any police, military, or other
appropriate security agency official in an Andean Country. Each report
shall include--
(1) the date the initial request was made;
(2) the current status of the request;
(3) the remaining approvals needed to process the request;
(4) the date that the request has been approved by all
relevant departments and agencies; and
(5) the expected delivery time for the requested material.
(b) Analysis.--Not later than 180 days after the date of enactment
of this Act, the Secretary of State shall review and forward to
Congress an analysis of the current foreign military sales program.
This review shall focus on--
(1) what, if any, are the current delays in the foreign
military sales program;
(2) the manner in which the program can be streamlined;
(3) the manner in which the efficiency of processing
requested equipment can be increased; and
(4) what, if any, legislative changes are necessary to
improve the program so that the time from request to delivery
is minimized.
Subchapter D--Additional Funding For Source and Interdiction Zone
Countries
SEC. 2131. SOURCE ZONE COUNTRIES.
In addition to any other amounts available for Colombia, Peru, and
Bolivia for counternarcotics operations, there is authorized to be
appropriated--
(1) $20,000,000 for Peru for each of fiscal years 2000 and
2001 for supporting additional surveillance, pursuit of drug
aircraft, and general support for counternarcotics operations;
(2) $75,000,000 for Colombia for each of fiscal years 2000
and 2001, for supporting additional surveillance, pursuit of
drug aircraft, and general support for counternarcotics
operations, including the acquisition of a minimum of 3
Blackhawk helicopters and 2 aerostats; and
(3) $52,000,000 for Bolivia for fiscal year 2000, for
counternarcotics programs, including high technology detection
equipment for the Chapare region, institution building, and law
enforcement support.
SEC. 2132. CENTRAL AMERICA.
In addition to the other amounts available, whether pursuant to an
authorization of appropriations in this Act or under any other
provision of law, for counternarcotics matters for countries in Central
America, there is authorized to be appropriated $25,000,000 for fiscal
year 2000 for enhanced efforts in counternarcotics matters by the
United States Coast Guard, the United States Customs Service, and other
law enforcement agencies.
CHAPTER 2--DOMESTIC LAW ENFORCEMENT
Subchapter A--Criminal Offenders
SEC. 2201. DRUG OFFENSES COMMITTED IN THE PRESENCE OF CHILDREN.
(a) In General.--For the purposes of this section, an offense is
committed in the presence of a child if--
(1) it takes place in the line of sight of an individual
who has not attained the age of 15 years; or
(2) an individual who has not attained the age of 15 years
habitually resides in the place where the violation occurs.
(b) Guidelines.--Not later than 120 days after the date of
enactment of this Act, the United States Sentencing Commission shall
amend the Federal sentencing guidelines to provide, with respect to an
offense under part D of the Controlled Substances Act committed in the
presence of a child--
(1) a sentencing enhancement of not less than 2 offense
levels above the base offense level for the underlying offense
or 1 additional year, whichever is greater; and
(2) in the case of a second or subsequent such offense, a
sentencing enhancement of not less than 4 offense levels above
the base offense level for the underlying offense, or 2
additional years, whichever is greater.
SEC. 2202. BORDER DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The Southwest Border of the United States is a major
crossing point for more than 60 percent of the cocaine entering
the United States from Latin America.
(2) Drug traffickers are increasingly using violence to
threaten local residents, to endanger lives, and destroy
property.
(3) Drug traffickers are creating a law enforcement no-
man's land to facilitate drug trafficking on the Mexican side
of the common border and using extortionate methods, illegal
riches, and intimidation to acquire property on the United
States side of the border.
(4) United States law enforcement efforts have been
insufficient to protect lives and property or to prevent the
use of illegally obtained riches to acquire property.
(b) Sense of Congress.--It is the sense of Congress that the
President, in cooperation with the Government of Mexico, should take
immediate and effective action at and near the United States border
with Mexico to control violence and other illegal acts directed at the
respective residents of both countries.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate a report on--
(1) what steps are being taken to ensure the safety of
United States citizens at and near the United States border
with Mexico;
(2) what steps are being taken to prevent the illegal
acquisition of sites and facilities at or near the border by
drug traffickers; and
(3) what further steps need to be taken to ensure the
safety and well being of the people of the United States along
the United States border with Mexico.
SEC. 2203. CLONE PAGERS.
(a) In General.--Section 2511(2)(h) of title 18, United States
Code, is amended by striking clause (i) and inserting the following:
``(i) to use a pen register, trap and trace device, or
clone pager, as those terms are defined in chapter 206 of this
title (relating to pen registers, trap and trace devices, and
clone pagers); or'';
(b) Exception.--Section 3121 of title 18, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Except as provided in this section, no person
may install or use a pen register, trap and trace device, or clone
pager without first obtaining a court order under section 3123 or 3129
of this title, or under the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.).'';
(2) in subsection (b), by striking ``a pen register or a
trap and trace device'' and inserting ``a pen register, trap
and trace device, or clone pager''; and
(3) by striking the section heading and inserting the
following:
``Sec. 3121. General prohibition on pen register, trap and trace
device, and clone pager use; exception''.
(c) Assistance.--Section 3124 of title 18, United States Code, is
amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Clone Pager.--Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized to use
a clone pager under this chapter, a provider of electronic
communication service shall furnish to such investigative or law
enforcement officer all information, facilities, and technical
assistance necessary to accomplish the use of the clone pager
unobtrusively and with a minimum of interference with the services that
the person so ordered by the court provides to the subscriber, if such
assistance is directed by a court order, as provided in section
3129(b)(2) of this title.''; and
(3) by striking the section heading and inserting the
following:
``Sec. 3124. Assistance in installation and use of a pen register, trap
and trace device, or clone pager''.
(d) Emergency Installations.--Section 3125 of title 18, United
States Code, is amended--
(1) by striking ``pen register or a trap and trace device''
and ``pen register or trap and trace device'' each place they
appear and inserting ``pen register, trap and trace device, or
clone pager'';
(2) in subsection (a), by striking ``an order approving the
installation or use is issued in accordance with section 3123
of this title'' and inserting ``an application is made for an
order approving the installation or use in accordance with
section 3122 or section 3128 of this title'';
(3) in subsection (b), by adding at the end the following:
``If such application for the use of a clone pager is denied,
or in any other case in which the use of the clone pager is
terminated without an order having been issued, an inventory
shall be served as provided for in section 3129(e) of this
title.''; and
(4) by striking the section heading and inserting the
following:
``Sec. 3125. Emergency installation and use of pen register, trap and
trace device, and clone pager''.
(e) Reports.--Section 3126 of title 18, United States Code, is
amended--
(1) by striking ``pen register orders and orders for trap
and trace devices'' and inserting ``orders for pen registers,
trap and trace devices, and clone pagers''; and
(2) by striking the section heading and inserting the
following:
``Sec. 3126. Reports concerning pen registers, trap and trace devices,
and clone pagers''.
(f) Definitions.--Section 3127 of title 18, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the
end; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) with respect to an application for the use of
a pen register or trap and trace device, a court of
general criminal jurisdiction of a State authorized by
the law of that State to enter orders authorizing the
use of a pen register or a trap and trace device; or
``(C) with respect to an application for the use of
a clone pager, a court of general criminal jurisdiction
of a State authorized by the law of that State to issue
orders authorizing the use of a clone pager;'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) the term `clone pager' means a numeric display device
that receives communications intended for another numeric
display paging device.''.
(g) Applications.--Chapter 206 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone pager
``(a) Application.--
``(1) Federal representatives.--Any attorney for the
Government may apply to a court of competent jurisdiction for
an order or an extension of an order under section 3129 of this
title authorizing the use of a clone pager.
``(2) State representatives.--A State investigative or law
enforcement officer may, if authorized by a State statute,
apply to a court of competent jurisdiction of such State for an
order or an extension of an order under section 3129 of this
title authorizing the use of a clone pager.
``(b) Contents of Application.--An application under subsection (a)
of this section shall include--
``(1) the identity of the attorney for the Government or
the State law enforcement or investigative officer making the
application and the identity of the law enforcement agency
conducting the investigation;
``(2) the identity, if known, of the individual or
individuals using the numeric display paging device to be
cloned;
``(3) a description of the numeric display paging device to
be cloned;
``(4) a description of the offense to which the information
likely to be obtained by the clone pager relates;
``(5) the identity, if known, of the person who is subject
of the criminal investigation; and
``(6) an affidavit or affidavits, sworn to before the court
of competent jurisdiction, establishing probable cause to
believe that information relevant to an ongoing criminal
investigation being conducted by that agency will be obtained
through use of the clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
``(a) In General.--Upon an application made under section 3128 of
this title, the court shall enter an ex parte order authorizing the use
of a clone pager within the jurisdiction of the court if the court
finds that the application has established probable cause to believe
that information relevant to an ongoing criminal investigation being
conducted by that agency will be obtained through use of the clone
pager.
``(b) Contents of an Order.--An order issued under this section--
``(1) shall specify--
``(A) the identity, if known, of the individual or
individuals using the numeric display paging device to
be cloned;
``(B) the numeric display paging device to be
cloned;
``(C) the identity, if known, of the subscriber to
the pager service; and
``(D) the offense to which the information likely
to be obtained by the clone pager relates; and
``(2) shall direct, upon the request of the applicant, the
furnishing of information, facilities, and technical assistance
necessary to use the clone pager under section 3124 of this
title.
``(c) Time Period and Extensions.--
``(1) In general.--An order issued under this section shall
authorize the use of a clone pager for a period not to exceed
30 days. Such 30-day period shall begin on the earlier of the
day on which the investigative or law enforcement officer first
begins use of the clone pager under the order or the tenth day
after the order is entered.
``(2) Extensions.--Extensions of an order issued under this
section may be granted, but only upon an application for an
order under section 3128 of this title and upon the judicial
finding required by subsection (a). An extension under this
paragraph shall be for a period not to exceed 30 days.
``(3) Report.--Within a reasonable time after the
termination of the period of a clone pager order or any
extensions thereof under this subsection, the applicant shall
report to the issuing court the number of numeric pager
messages acquired through the use of the clone pager during
such period.
``(d) Nondisclosure of Existence of Clone Pager.--An order
authorizing the use of a clone pager shall direct that--
``(1) the order shall be sealed until otherwise ordered by
the court; and
``(2) the person who has been ordered by the court to
provide assistance to the applicant may not disclose the
existence of the clone pager or the existence of the
investigation to the listed subscriber, or to any other person,
until otherwise ordered by the court.
``(e) Notification.--
``(1) In general.--Within a reasonable time, not later than
90 days after the date of termination of the period of a clone
pager order or any extensions thereof, the issuing judge shall
cause to be served, on the individual or individuals using the
numeric display paging device that was cloned, an inventory
including notice of--
``(A) the fact of the entry of the order or the
application;
``(B) the date of the entry and the period of clone
pager use authorized, or the denial of the application;
and
``(C) whether or not information was obtained
through the use of the clone pager.
``(2) Postponement.--Upon an ex-parte showing of good
cause, a court of competent jurisdiction may in its discretion
postpone the serving of the notice required by this
subsection.''.
(h) Clerical Amendments.--The table of sections for chapter 206 of
title 18, United States Code, is amended--
(1) by striking the item relating to section 3121 and
inserting the following:
``3121. General prohibition on pen register, trap and trace device, and
clone pager use; exception.'';
(2) by striking the items relating to sections 3124, 3125,
and 3126 and inserting the following:
``3124. Assistance in installation and use of a pen register, trap and
trace device, or clone pager.
``3125. Emergency installation and use of pen register, trap and trace
device, and clone pager.
``3126. Reports concerning pen registers, trap and trace devices, and
clone pagers.''; and
(3) by adding at the end the following:
``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager''.
(i) Conforming Amendment.--Section 704(a) of the Communications Act
of 1934 (47 U.S.C. 605(a)) is amended by striking ``chapter 119,'' and
inserting ``chapters 119 and 206 of''.
Subchapter B--Powder Cocaine Mandatory Minimum Sentencing
SEC. 2211. SENTENCING FOR VIOLATIONS INVOLVING COCAINE POWDER.
(a) Amendment of Controlled Substances Act.--
(1) Large quantities.--Subparagraph (A)(ii) of section
401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) is amended by striking ``5 kilograms'' and inserting
``500 grams''.
(2) Small quantities.--Subparagraph (B)(ii) of that section
is amended by striking ``500 grams'' and inserting ``50
grams''.
(b) Amendment of Controlled Substances Import and Export Act.--
(1) Large quantities.--Paragraph (1)(B) of section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended by striking ``5 kilograms'' and inserting
``500 grams''.
(2) Small quantities.--Paragraph (2)(B) of that section is
amended by striking ``500 grams'' and inserting ``50 grams''.
(c) Amendment of Sentencing Guidelines.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commission
shall amend the Federal sentencing guidelines to reflect the amendments
made by this section.
Subchapter C--Drug-Free Borders
SEC. 2221. INCREASED NUMBER OF BORDER PATROL AGENTS.
Section 101(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is
amended to read as follows:
``(a) Increased Number of Border Patrol Agents.--The Attorney
General in each of fiscal years 2000, 2001, 2002, 2003, and 2004 shall
increase by not less than 1,500 the number of positions for full-time,
active-duty border patrol agents within the Immigration and
Naturalization Service above the number of such positions for which
funds were allotted for the preceding fiscal year, to achieve a level
of 15,000 positions by fiscal year 2004.''.
SEC. 2222. ENHANCED BORDER PATROL PURSUIT POLICY.
A border patrol agent of the United States Border Patrol may not
cease pursuit of an alien who the agent suspects has unlawfully entered
the United States, or an individual who the agent suspects has
unlawfully imported a narcotic into the United States, until State or
local law enforcement authorities are in pursuit of the alien or
individual and have the alien or individual in their visual range.
CHAPTER 3--DEMAND REDUCTION
Subchapter A--Education, Prevention, and Treatment
SEC. 2251. SENSE OF CONGRESS ON REAUTHORIZATION OF SAFE AND DRUG-FREE
SCHOOLS AND COMMUNITIES ACT OF 1994.
(a) Findings.--Congress makes the following findings:
(1) Drug and alcohol use continue to plague the Nation's
youth.
(2) Approximately 5.6 percent of high school seniors
currently smoke marijuana daily.
(3) The American public has identified drugs as the most
serious problem facing its children today.
(4) Delinquent behavior is clearly linked to the frequency
of marijuana use.
(5) 89 percent of students in grades 6 through 12 say their
teachers have taught them about the dangers of drugs and
alcohol.
(b) Sense of Congress.--It is the sense of Congress that Congress
and the President should make the reauthorization of the Safe and Drug-
Free Schools and Communities Act of 1994 a high priority for the 106th
Congress, and that such reauthorization should maintain substance abuse
prevention as a major focus of the program.
SEC. 2252. SENSE OF CONGRESS REGARDING REAUTHORIZATION OF PREVENTION
AND TREATMENT PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) 34.8 percent of Americans 12 years of age and older
have used an illegal drug in their lifetime, 90 percent of
these individuals have used marijuana or hashish, and
approximately 30 percent have tried cocaine.
(2) The number of teenagers using drugs has increased
significantly over the past 5 years.
(3) Drug abuse is a health issue being faced in every
community, town, State and region of this country.
(4) No one is immune from drug abuse, and such abuse
threatens Americans of every socioeconomic background, every
educational level, and every race and ethnic origin.
(5) In 1990 the United States spent $67,000,000,000 on
drug-related disorders including health costs, the costs of
crime, the costs of accidents and other damages to individuals
and property, and the costs of the loss of productivity and
premature death.
(6) Comprehensive prevention activities can help youth in
saying no to drugs.
(7) There are over 6,000 community coalitions throughout
the nation helping the youth of America choose a healthy life
style.
(8) Individuals with addictive disorders should be held
accountable for their actions and should be offered treatment
to help change destructive behavior.
(9) A balanced approach to dealing with drug abuse is
needed in the United States between reducing the demand for
drugs and the supply of those drugs and a comprehensive plan
for addressing drug abuse will involve prevention, education
and treatment as well as law enforcement and interdiction.
(10) The Substance Abuse and Mental Health Services
Administration is the lead Federal agency for substance abuse
prevention and treatment initiatives.
(b) Sense of Congress.--It is the sense of Congress that Congress
and the President should--
(1) make the reauthorization of Federal substance abuse
prevention and treatment programs a high priority for the 106th
Congress; and
(2) provide more flexibility to States in the use of
Federal funds for provision of drug abuse prevention and
treatment services while holding States accountable for their
performance.
SEC. 2253. REPORT ON DRUG-TESTING TECHNOLOGIES.
(a) Requirement.--The National Institute on Standards and
Technology shall conduct a study of drug-testing technologies in order
to identify and assess the efficacy, accuracy, and usefulness for
purposes of the National effort to detect the use of illicit drugs of
any drug-testing technologies (including the testing of hair) that may
be used as alternatives or complements to urinalysis as a means of
detecting the use of such drugs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Institute shall submit to Congress a report
on the results of the study conducted under subsection (a).
SEC. 2254. USE OF NATIONAL INSTITUTES OF HEALTH SUBSTANCE ABUSE
RESEARCH.
(a) National Institute on Alcohol Abuse and Alcoholism.--Section
464H of the Public Health Service Act (42 U.S.C. 285n) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Requirement to Ensure That Research Aids Practitioners.--The
Director, in conjunction with the Director of the National Institute on
Drug Abuse and the Director of the Center for Substance Abuse
Treatment, shall--
``(1) ensure that the results of all current alcohol
research that is set aside for services (and other appropriate
research with practical consequences) is widely disseminated to
treatment practitioners in an easily understandable format;
``(2) ensure that such research results are disseminated in
a manner that provides easily understandable steps for the
implementation of best practices based on the research; and
``(3) make technical assistance available to the Center for
Substance Abuse Treatment to assist alcohol and drug treatment
practitioners to make permanent changes in treatment activities
through the use of successful treatment models.''.
(b) National Institute on Drug Abuse.--Section 464L of the Public
Health Service Act (42 U.S.C. 285o) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Requirement to Ensure That Research Aids Practitioners.--The
Director, in conjunction with the Director of the National Institute on
Alcohol Abuse and Alcoholism and the Director of the Center for
Substance Abuse Treatment, shall--
``(1) ensure that the results of all current drug abuse
research that is set aside for services (and other appropriate
research with practical consequences) is widely disseminated to
treatment practitioners in an easily understandable format;
``(2) ensure that such research results are disseminated in
a manner that provides easily understandable steps for the
implementation of best practices based on the research; and
``(3) make technical assistance available to the Center for
Substance Abuse Treatment to assist alcohol and drug treatment
practitioners to make permanent changes in treatment activities
through the use of successful treatment models.''.
SEC. 2255. NEEDLE EXCHANGE.
(a) Prohibition Regarding Illegal Drugs and Distribution of
Hypodermic Needles.--Part B of title II of the Public Health Service
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the
following section:
``prohibition regarding illegal drugs and distribution of hypodermic
needles
``Sec. 247. Notwithstanding any other provision of law, none of the
amounts made available under any Federal law for any fiscal year may be
expended, directly or indirectly, to carry out any program of
distributing sterile needles or syringes for the hypodermic injection
of any illegal drug.''.
(b) Conforming Amendment.--Section 506 of Public Law 105-78 is
repealed.
SEC. 2256. DRUG-FREE TEEN DRIVERS INCENTIVE.
(a) In general.--The Secretary of Transportation shall establish an
incentive grant program for States to assist the States in improving
their laws relating to controlled substances and driving.
(b) Grant requirements.--To qualify for a grant under subsection
(a), a State shall carry out the following:
(1) Enact, actively enforce, and publicize a law that makes
it illegal to drive in the State with any measurable amount of
an illegal controlled substance in the driver's body. An
illegal controlled substance is a controlled substance for
which an individual does not have a legal written prescription.
An individual who is convicted of such illegal driving shall be
referred to appropriate services, including intervention,
counselling, and treatment.
(2) Enact, actively enforce, and publicize a law that makes
it illegal to drive in the State when driving is impaired by
the presence of any drug. The State shall provide that in the
enforcement of such law, a driver shall be tested for the
presence of a drug when there is evidence of impaired driving
and a driver will have the driver's license suspended. An
individual who is convicted of such illegal driving shall be
referred to appropriate services, including intervention,
counselling, and treatment.
(3) Enact, actively enforce, and publicize a law that
authorizes the suspension of a driver's license if the driver
is convicted of any criminal offense relating to drugs.
(4) Enact a law that provides that beginning driver
applicants and other individuals applying for or renewing a
driver's license will be provided information about the laws
referred to in paragraphs (1), (2), and (3) and will be
required to answer drug-related questions on their
applications.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2000 through 2004, $10,000,000 to
carry out this section.
SEC. 2257. DRUG-FREE SCHOOLS.
Congress makes the following findings:
(1) The continued presence in schools of violent students
who are a threat to both teachers and other students is
incompatible with a safe learning environment.
(2) Unsafe school environments place students who are
already at risk of school failure for other reasons in further
jeopardy.
(3) Recently, over one-fourth of high school students
surveyed reported being threatened at school.
(4) 2,000,000 more children are using drugs in 1997 than
were doing so a few short years prior to 1997.
(5) More of our children are becoming involved with hard
drugs at earlier ages, as use of heroin and cocaine by 8th
graders has more than doubled since 1991.
(6) Greater cooperation between schools, parents, law
enforcement, the courts, and the community is essential to
making our schools safe from drugs and violence.
SEC. 2258. VICTIM AND WITNESS ASSISTANCE PROGRAMS FOR TEACHERS AND
STUDENTS.
(a) Victim Compensation.--Section 1403 of the Victims of Crime Act
of 1984 (42 U.S.C. 10602) is amended by adding at the end the
following:
``(f) Victims of School Violence.--
``(1) In general.--Notwithstanding any other provision of
law, an eligible crime victim compensation program may expend
funds appropriated under paragraph (2) to offer compensation to
elementary and secondary school students or teachers who are
victims of elementary and secondary school violence (as school
violence is defined under applicable State law).
``(2) Funding.--There is authorized to be appropriated such
sums as may be necessary to carry out paragraph (1).''.
(b) Victim and Witness Assistance.--Section 1404(c) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603(c)) is amended by adding at the
end the following:
``(5) Notwithstanding any other provision of law, the Director may
make a grant under this section for a demonstration project or for
training and technical assistance services to a program that--
``(A) assists State educational agencies and local
educational agencies (as the terms are defined in section 14101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801)) in developing, establishing, and operating
programs that are designed to protect victims of and witnesses
to incidents of elementary and secondary school violence (as
school violence is defined under applicable State law),
including programs designed to protect witnesses testifying in
school disciplinary proceedings; or
``(B) supports a student safety toll-free hotline that
provides students and teachers in elementary and secondary
schools with confidential assistance relating to the issues of
school crime, violence, drug dealing, and threats to personal
safety.''.
SEC. 2259. INNOVATIVE PROGRAMS TO PROTECT TEACHERS AND STUDENTS.
(a) Definitions.--In this section:
(1) Elementary school, local educational agency, secondary
school, and state educational agency.--The terms ``elementary
school'', ``local educational agency'', ``secondary school'',
and ``State educational agency'' have the meanings given the
terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(b) Authorization for Report Cards on Schools.--
(1) In general.--The Secretary is authorized to award
grants to States, State educational agencies, and local
educational agencies to develop, establish, or conduct
innovative programs to improve unsafe elementary schools or
secondary schools.
(2) Priority.--The Secretary shall give priority to
awarding grants under paragraph (1) to--
(A) programs that provide parent and teacher
notification about incidents of physical violence,
weapon possession, or drug activity on school grounds
as soon after the incident as practicable;
(B) programs that provide to parents and teachers
an annual report regarding--
(i) the total number of incidents of
physical violence, weapon possession, and drug
activity on school grounds;
(ii) the percentage of students missing 10
or fewer days of school; and
(iii) a comparison, if available, to
previous annual reports under this paragraph,
which comparison shall not involve a comparison
of more than 5 such previous annual reports;
and
(C) programs to enhance school security measures
that may include--
(i) equipping schools with fences, closed
circuit cameras, and other physical security
measures;
(ii) providing increased police patrols in
and around elementary schools and secondary
schools, including canine patrols;
(iii) mailings to parents at the beginning
of the school year stating that the possession
of a gun or other weapon, or the sale of drugs
in school, will not be tolerated by school
authorities; and
(iv) hiring counselors or other personnel
to detect and intervene at signs of dangerous
or antisocial behavior that could precede
violent acts.
(c) Application.--
(1) In general.--Each State, State educational agency, or
local educational agency desiring a grant under this section
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall contain an assurance that the State or agency has
implemented or will implement policies that--
(A) provide protections for victims and witnesses
to school crime, including protections for attendance
at school disciplinary proceedings;
(B) expel students who, on school grounds, sell
drugs or who commit a violent offense that causes
serious bodily injury of another student or teacher;
and
(C) require referral to law enforcement authorities
or juvenile authorities of any student who on school
grounds--
(i) threatens violence;
(ii) commits a violent offense resulting in
serious bodily injury; or
(iii) sells drugs.
(3) Special rule.--For purposes of subparagraphs (B) and
(C) of paragraph (2), State law shall determine what
constitutes a violent offense or serious bodily injury.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
(e) Innovative Voluntary Random Drug Testing Programs.--Section
4116(b) of the Safe and Drug-Free Schools and Communities Act of 1994
(20 U.S.C. 7116(b)) is amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) innovative voluntary random drug testing programs;
and''.
Subchapter B--Drug-Free Families
SEC. 2271. SHORT TITLE.
This subchapter may be cited as the ``Drug-Free Families Act of
1999''.
SEC. 2272. FINDINGS.
Congress makes the following findings:
(1) The National Institute on Drug Abuse estimates that in
1962, less than one percent of the nation's adolescents had
ever tried an illicit drug. By 1979, drug use among young
people had escalated to the highest levels in history: 34
percent of adolescents (ages 12-17), 65 percent of high school
seniors (age 18), and 70 percent of young adults (ages 18-25)
had used an illicit drug in their lifetime.
(2) Drug use among young people was not confined to initial
trials. By 1979, 16 percent of adolescents, 39 percent of high
school seniors, and 38 percent of young adults had used an
illicit drug in the past month. Moreover, one in nine high
school seniors used marijuana daily.
(3) In 1979, the year the largest number of seniors used
marijuana, their belief that marijuana could hurt them was at
its lowest (35 percent) since surveys have tracked these
measures.
(4) Three forces appeared to be driving this escalation in
drug use among children and young adults. Between 1972 and
1978, a nationwide political campaign conducted by drug
legalization advocates persuaded eleven state legislatures to
``decriminalize'' marijuana. (Many of those states have
subsequently ``recriminalized'' the drug.) Such legislative
action reinforced advocates' assertion that marijuana was
``relatively harmless.''
(5) The decriminalization effort gave rise to the emergence
of ``head shops'' (shops for ``heads,'' or drug users--``coke
heads,'' ``pot heads,'' ``acid heads,'' etc.) which sold drug
paraphernalia--an array of toys, implements, and instructional
pamphlets and booklets to enhance the use of illicit drugs.
Some 30,000 such shops were estimated to be doing business
throughout the nation by 1978.
(6) In the absence of Federal funding for drug education
then, most of the drug education materials that were available
proclaimed that few illicit drugs were addictive and most were
``less harmful'' than alcohol and tobacco and therefore taught
young people how to use marijuana, cocaine, and other illicit drugs
``responsibly''.
(7) Between 1977 and 1980, three national parent drug-
prevention organizations--National Families in Action, PRIDE,
and the National Federation of Parents for Drug-Free Youth (now
called the National Family Partnership)--emerged to help
concerned parents form some 4,000 local parent prevention
groups across the nation to reverse all of these trends in
order to prevent children from using drugs. Their work created
what has come to be known as the parents drug-prevention
movement, or more simply, the parent movement. This movement
set three goals: to prevent the use of any illegal drug, to
persuade those who had started using drugs to stop, and to
obtain treatment for those who had become addicted so that they
could return to drug-free lives.
(8) The parent movement pursued a number of objectives to
achieve these goals. First, it helped parents educate
themselves about the harmful effects of drugs, teach that
information to their children, communicate that they expected
their children not to use drugs, and establish consequences if
children failed to meet that expectation. Second, it helped
parents form groups with other parents to set common age-
appropriate social and behavioral guidelines to protect their
children from exposure to drugs. Third, it encouraged parents
to insist that their communities reinforce parents' commitment
to protect children from drug use.
(9) The parent movement stopped further efforts to
decriminalize marijuana, both in the states and at the Federal
level.
(10) The parent movement worked for laws to ban the sale of
drug paraphernalia. If drugs were illegal, it made no sense to
condone the sale of toys and implements to enhance the use of
illegal drugs, particularly when those products targeted
children. As town, cities, counties, and states passed anti-
paraphernalia laws, drug legalization organizations challenged
their Constitutionality in Federal courts until the early
1980's, when the United States Supreme Court upheld Nebraska's
law and established the right of communities to ban the sale of
drug paraphernalia.
(11) The parent movement insisted that drug-education
materials convey a strong no-use message in compliance with
both the law and with medical and scientific information that
demonstrates that drugs are harmful, particularly to young
people.
(12) The parent movement encouraged others in society to
join the drug prevention effort and many did, from First Lady
Nancy Reagan to the entertainment industry, the business
community, the media, the medical community, the educational
community, the criminal justice community, the faith community,
and local, state, and national political leaders.
(13) The parent movement helped to cause drug use among
young people to peak in 1979. As its efforts continued
throughout the next decade, and as others joined parents to
expand the drug-prevention movement, between 1979 and 1992
these collaborative prevention efforts contributed to reducing
monthly illicit drug use by two-thirds among adolescents and
young adults and reduced daily marijuana use among high-school
seniors from 10.7 percent to 1.9 percent. Concurrently, both
the parent movement and the larger prevention movement that
evolved throughout the 1980's, working together, increased high
school seniors' belief that marijuana could hurt them, from 35
percent in 1979 to 79 percent in 1991.
(14) Unfortunately, as drug use declined, most of the 4,000
volunteer parents groups that contributed to the reduction in
drug use disbanded, having accomplished the job they set out to
do. But the absence of active parent groups left a vacuum that
was soon filled by a revitalized drug-legalization movement.
Proponents began advocating for the legalization of marijuana
for medicine, the legalization of all Schedule I drugs for
medicine, the legalization of hemp for medicinal, industrial
and recreational use, and a variety of other proposals, all
designed to ultimately attack, weaken, and eventually repeal
the nation's drug laws.
(15) Furthermore, legalization proponents are also
beginning to advocate for treatment that maintains addicts on
the drugs to which they are addicted (heroin maintenance for
heroin addicts, controlled drinking for alcoholics, etc.), for
teaching school children to use drugs ``responsibly,'' and for
other measures similar to those that produced the drug epidemic
among young people in the 1970's.
(16) During the 1990's, the message embodied in all of this
activity has once again driven down young people's belief that
drugs can hurt them. As a result, the reductions in drug use
that occurred over 13 years reversed in 1992, and adolescent
drug use has more than doubled.
(17) Today's parents are almost universally in the
workplace and do not have time to volunteer. Many families are
headed by single parents. In some families no parents are
available, and grandparents, aunts, uncles, or foster parents
are raising the family's children.
(18) Recognizing that these challenges make it much more
difficult to reach parents today, several national parent and
family drug-prevention organizations have formed the Parent
Collaboration to address these issues in order to build a new
parent and family movement to prevent drug use among children.
(19) Motivating parents and parent groups to coordinate
with local community anti-drug coalitions is a key goal of the
Parent Collaboration, as well as coordinating parent and family
drug-prevention efforts with Federal, State, and Local
governmental and private agencies and political, business,
medical and scientific, educational, criminal justice,
religious, and media and entertainment industry leaders.
SEC. 2273. PURPOSES.
The purposes of this subchapter are to--
(1) build a movement to help parents and families prevent
drug use among their children and adolescents;
(2) help parents and families reduce drug abuse and drug
addiction among adolescents who are already using drugs, and
return them to drug-free lives;
(3) increase young people's perception that drugs are
harmful to their health, well-being, and ability to function
successfully in life;
(4) help parents and families educate society that the best
way to protect children from drug use and all of its related
problems is to convey a clear, consistent, no-use message;
(5) strengthen coordination, cooperation, and collaboration
between parents and families and all others who are interested
in protecting children from drug use and all of its related
problems;
(6) help parents strengthen their families, neighborhoods,
and school communities to reduce risk factors and increase
protective factors to ensure the healthy growth of children;
and
(7) provide resources in the fiscal year 2000 Federal drug
control budget for a grant to the Parent Collaboration to
conduct a national campaign to mobilize today's parents and
families through the provision of information, training,
technical assistance, and other services to help parents and
families prevent drug use among their children and to build a
new parent and family drug-prevention movement.
SEC. 2274. DEFINITIONS.
In this subchapter:
(1) Administrative costs.--The term ``administrative
costs'' means to those costs that the assigned Federal agency
will incur to administer the grant to the Parent Collaboration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Drug Enforcement Administration.
(3) No-use message.--The term ``no-use message'' means no
use of any illegal drug and no illegal use of any legal drug or
substance that is sometimes used illegally, such as
prescription drugs, inhalants, and alcohol and tobacco for
children and adolescents under the legal purchase age.
(4) Parent collaboration.--The term ``Parent
Collaboration'' means the legal entity, which is exempt from
income taxation under section 501(c)(3) of the Internal Revenue
Code of 1986, established by National Families in Action,
National Asian Pacific American Families Against Substance
Abuse, African American Parents for Drug Prevention, National
Association for Native American Children of Alcoholics, and the
National Hispano/Latino Community Prevention Network and other
groups, that--
(A) have a primary mission of helping parents
prevent drug use, drug abuse, and drug addiction among
their children, their families, and their communities;
(B) have carried out this mission for a minimum of
5 consecutive years; and
(C) base their drug-prevention missions on the
foundation of a strong, no-use message in compliance
with international, Federal, State, and local treaties
and laws that prohibit the possession, production,
cultivation, distribution, sale, and trafficking in
illicit drugs;
in order to build a new parent and family movement to prevent
drug use among children and adolescents
SEC. 2275. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT PROGRAM.
(a) In General.--The Administrator shall make a grant to the Parent
Collaboration to conduct a national campaign to build a new parent and
family movement to help parents and families prevent drug abuse among
their children.
(c) Termination.--The period of the grant under this section shall
be 5 years.
SEC. 2276. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subchapter $5,000,000 for each of fiscal years 2000 through
2004 for a grant to the Parent Collaboration to conduct the national
campaign to mobilize parents and families.
(b) Administrative Costs.--Not more than 5 percent of the total
amount made available under subsection (a) in each fiscal year may be
used to pay administrative costs of the Parent Collaboration.
CHAPTER 4--FUNDING FOR UNITED STATES COUNTER-DRUG ENFORCEMENT AGENCIES
Subchapter A--Border Activities
SEC. 2301. AUTHORIZATION OF APPROPRIATIONS.
(a) Drug Enforcement and Other Noncommercial Operations.--
Subparagraphs (A) and (B) of section 301(b)(1) of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1))
are amended to read as follows:
``(A) $997,300,584 for fiscal year 2000.
``(B) $1,100,818,328 for fiscal year 2001.''.
(b) Commercial Operations.--Clauses (i) and (ii) of section
301(b)(2)(A) of such Act (19 U.S.C. 2075(b)(2)(A)) are amended to read
as follows:
``(i) $990,030,000 for fiscal year 2000.
``(ii) $1,009,312,000 for fiscal year 2001.''.
(c) Air and Marine Interdiction.--Subparagraphs (A) and (B) of
section 301(b)(3) of such Act (19 U.S.C. 2075(b)(3)) are amended to
read as follows:
``(A) $229,001,000 for fiscal year 2000.
``(B) $176,967,000 for fiscal year 2001.''.
(d) Submission of Out-Year Budget Projections.--Section 301(a) of
such Act (19 U.S.C. 2075(a)) is amended by adding at the end the
following:
``(3) Not later than the date on which the President submits to
Congress the budget of the United States Government for a fiscal year,
the Commissioner of Customs shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate the projected amount of funds for the succeeding fiscal year
that will be necessary for the operations of the Customs Service as
provided for in subsection (b).''.
SEC. 2302. CARGO INSPECTION AND NARCOTICS DETECTION EQUIPMENT.
(a) Fiscal Year 2000.--Of the amounts made available for fiscal
year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by
section 2301(a) of this Act, $100,036,000 shall be available until
expended for acquisition and other expenses associated with
implementation and deployment of narcotics detection equipment along
the United States-Mexico border, the United States-Canada border, and
Florida and the Gulf Coast seaports, as follows:
(1) United states-mexico border.--For the United States-
Mexico border, the following:
(A) $6,000,000 for 8 Vehicle and Container
Inspection Systems (VACIS).
(B) $11,000,000 for 5 mobile truck x-rays with
transmission and backscatter imaging.
(C) $12,000,000 for the upgrade of 8 fixed-site
truck x-rays from the present energy level of 450,000
electron volts to 1,000,000 electron volts (1-MeV).
(D) $7,200,000 for 8 1-MeV pallet x-rays.
(E) $1,000,000 for 200 portable contraband
detectors (busters) to be distributed among ports where
the current allocations are inadequate.
(F) $600,000 for 50 contraband detection kits to be
distributed among all southwest border ports based on
traffic volume.
(G) $500,000 for 25 ultrasonic container inspection
units to be distributed among all ports receiving
liquid-filled cargo and to ports with a hazardous
material inspection facility.
(H) $2,450,000 for 7 automated targeting systems.
(I) $360,000 for 30 rapid tire deflator systems to
be distributed to those ports where port runners are a
threat.
(J) $480,000 for 20 portable Treasury Enforcement
Communications Systems (TECS) terminals to be moved
among ports as needed.
(K) $1,000,000 for 20 remote watch surveillance
camera systems at ports where there are suspicious
activities at loading docks, vehicle queues, secondary
inspection lanes, or areas where visual surveillance or
observation is obscured.
(L) $1,254,000 for 57 weigh-in-motion sensors to be
distributed among the ports with the greatest volume of
outbound traffic.
(M) $180,000 for 36 AM traffic information radio
stations, with 1 station to be located at each border
crossing.
(N) $1,040,000 for 260 inbound vehicle counters to
be installed at every inbound vehicle lane.
(O) $950,000 for 38 spotter camera systems to
counter the surveillance of customs inspection
activities by persons outside the boundaries of ports
where such surveillance activities are occurring.
(P) $390,000 for 60 inbound commercial truck
transponders to be distributed to all ports of entry.
(Q) $1,600,000 for 40 narcotics vapor and particle
detectors to be distributed to each border crossing.
(R) $400,000 for license plate reader automatic
targeting software to be installed at each port to
target inbound vehicles.
(S) $1,000,000 for a demonstration site for a high-
energy relocatable rail car inspection system with an
x-ray source switchable from 2,000,000 electron volts
(2-MeV) to 6,000,000 electron volts (6-MeV) at a shared
Department of Defense testing facility for a two-month
testing period.
(2) United states-canada border.--For the United States-
Canada border, the following:
(A) $3,000,000 for 4 Vehicle and Container
Inspection Systems (VACIS).
(B) $8,800,000 for 4 mobile truck x-rays with
transmission and backscatter imaging.
(C) $3,600,000 for 4 1-MeV pallet x-rays.
(D) $250,000 for 50 portable contraband detectors
(busters) to be distributed among ports where the
current allocations are inadequate.
(E) $300,000 for 25 contraband detection kits to be
distributed among ports based on traffic volume.
(F) $240,000 for 10 portable Treasury Enforcement
Communications Systems (TECS) terminals to be moved
among ports as needed.
(G) $400,000 for 10 narcotics vapor and particle
detectors to be distributed to each border crossing
based on traffic volume.
(H) $600,000 for 30 fiber optic scopes.
(I) $250,000 for 50 portable contraband detectors
(busters) to be distributed among ports where the
current allocations are inadequate.
(J) $3,000,000 for 10 x-ray vans with particle
detectors.
(K) $40,000 for 8 AM loop radio systems.
(L) $400,000 for 100 vehicle counters.
(M) $1,200,000 for 12 examination tool trucks.
(N) $2,400,000 for 3 dedicated commuter lanes.
(O) $1,050,000 for 3 automated targeting systems.
(P) $572,000 for 26 weigh-in-motion sensors.
(Q) $480,000 for 20 portable Treasury Enforcement
Communication Systems (TECS).
(3) Florida and gulf coast seaports.--For Florida and the
Gulf Coast seaports, the following:
(A) $4,500,000 for 6 Vehicle and Container
Inspection Systems (VACIS).
(B) $11,800,000 for 5 mobile truck x-rays with
transmission and backscatter imaging.
(C) $7,200,000 for 8 1-MeV pallet x-rays.
(D) $250,000 for 50 portable contraband detectors
(busters) to be distributed among ports where the
current allocations are inadequate.
(E) $300,000 for 25 contraband detection kits to be
distributed among ports based on traffic volume.
(b) Fiscal Year 2001.--Of the amounts made available for fiscal
year 2001 under section 301(b)(1)(B) of the Customs Procedural Reform
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by
section 2301(a) of this Act, $9,923,500 shall be for the maintenance
and support of the equipment and training of personnel to maintain and
support the equipment described in subsection (a).
(c) Acquisition of Technologically Superior Equipment; Transfer of
Funds.--
(1) In general.--The Commissioner of Customs may use
amounts made available for fiscal year 2000 under section
301(b)(1)(A) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as
amended by section 2301(a) of this Act, for the acquisition of
equipment other than the equipment described in subsection (a)
if such other equipment--
(A)(i) is technologically superior to the equipment
described in subsection (a); and
(ii) will achieve at least the same results at a
cost that is the same or less than the equipment
described in subsection (a); or
(B) can be obtained at a lower cost than the
equipment described in subsection (a).
(2) Transfer of funds.--Notwithstanding any other provision
of this section, the Commissioner of Customs may reallocate an
amount not to exceed 10 percent of--
(A) the amount specified in any of subparagraphs
(A) through (R) of subsection (a)(1) for equipment
specified in any other of such subparagraphs (A)
through (R);
(B) the amount specified in any of subparagraphs
(A) through (Q) of subsection (a)(2) for equipment
specified in any other of such subparagraphs (A)
through (Q); and
(C) the amount specified in any of subparagraphs
(A) through (E) of subsection (a)(3) for equipment
specified in any other of such subparagraphs (A)
through (E).
SEC. 2303. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT.
Of the amounts made available for fiscal years 2000 and 2001 under
subparagraphs (A) and (B) of section 301(b)(1) of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(1)), as amended by section 2301(a) of this Act, $159,557,000,
including $5,673,600, until expended, for investigative equipment, for
fiscal year 2000 and $220,351,000 for fiscal year 2001 shall be
available for the following:
(1) A net increase of 535 inspectors, 120 special agents,
and 10 intelligence analysts for the United States-Mexico
border and 375 inspectors for the United States-Canada border,
in order to open all primary lanes on such borders during peak
hours and enhance investigative resources.
(2) A net increase of 285 inspectors and canine enforcement
officers to be distributed at large cargo facilities as needed
to process and screen cargo (including rail cargo) and reduce
commercial waiting times on the United States-Mexico border and
a net increase of 125 inspectors to be distributed at large
cargo facilities as needed to process and screen cargo
(including rail cargo) and reduce commercial waiting times on
the United States-Canada border.
(3) A net increase of 40 inspectors at sea ports in
southeast Florida to process and screen cargo.
(4) A net increase of 70 special agent positions, 23
intelligence analyst positions, 9 support staff, and the
necessary equipment to enhance investigation efforts targeted
at internal conspiracies at the Nation's seaports.
(5) A net increase of 360 special agents, 30 intelligence
analysts, and additional resources to be distributed among
offices that have jurisdiction over major metropolitan drug or
narcotics distribution and transportation centers for
intensification of efforts against drug smuggling and money
laundering organizations.
(6) A net increase of 2 special agent positions to re-
establish a Customs Attache office in Nassau.
(7) A net increase of 62 special agent positions and 8
intelligence analyst positions for maritime smuggling
investigations and interdiction operations.
(8) A net increase of 50 positions and additional resources
to the Office of Internal Affairs to enhance investigative
resources for anticorruption efforts.
(9) The costs incurred as a result of the increase in
personnel hired pursuant to this section.
SEC. 2304. AIR AND MARINE OPERATION AND MAINTENANCE FUNDING.
(a) Fiscal Year 2000.--Of the amounts made available for fiscal
year 2000 under subparagraphs (A) and (B) of section 301(b)(3) of the
Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(3)) as amended by section 2301(c) of this Act, $130,513,000
shall be available until expended for the following:
(1) $96,500,000 for Customs aircraft restoration and
replacement initiative.
(2) $15,000,000 for increased air interdiction and
investigative support activities.
(3) $19,013,000 for marine vessel replacement and related
equipment.
(b) Fiscal Year 2001.--Of the amounts made available for fiscal
year 2001 under subparagraphs (A) and (B) of section 301(b)(3) of the
Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(3)) as amended by section 2301(c) of this Act, $75,524,000
shall be available until expended for the following:
(1) $36,500,000 for Customs Service aircraft restoration
and replacement.
(2) $15,000,000 for increased air interdiction and
investigative support activities.
(3) $24,024,000 for marine vessel replacement and related
equipment.
SEC. 2305. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.
As part of the annual performance plan for each of the fiscal years
2000 and 2001 covering each program activity set forth in the budget of
the United States Customs Service, as required under section 1115 of
title 31, United States Code, the Commissioner of Customs shall
establish performance goals and performance indicators, and comply with
all other requirements contained in paragraphs (1) through (6) of
subsection (a) of such section with respect to each of the activities
to be carried out pursuant to sections 2302 and 2303 of this Act.
SEC. 2306. COMMISSIONER OF CUSTOMS SALARY.
(a) In General.--
(1) Section 5315 of title 5, United States Code, is amended
by striking the following:
``Commissioner of Customs, Department of Treasury.''.
(2) Section 5314 of title 5, United States Code, is amended
by inserting the following:
``Commissioner of Customs, Department of Treasury.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 2307. PASSENGER PRECLEARANCE SERVICES.
(a) Continuation of Preclearance Services.--Notwithstanding section
13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(f)) or any other provision of law, the United States
Customs Service shall, without regard to whether a passenger processing
fee is collected from a person departing for the United States from
Canada and without regard to whether funds are appropriated pursuant to
subsection (b), provide the same level of enhanced preclearance customs
services for passengers arriving in the United States aboard commercial
aircraft originating in Canada as the Customs Service provided for such
passengers during fiscal year 1997.
(b) Authorization of Appropriations for Preclearance Services.--
Notwithstanding section 13031(f) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) or any other provision of
law, there are authorized to be appropriated, from the date of
enactment of this Act through September 30, 2001, such sums as may be
necessary for the Customs Service to ensure that it will continue to
provide the same, and where necessary increased, levels of enhanced
preclearance customs services as the Customs Service provided during
fiscal year 1997, in connection with the arrival in the United States
of passengers aboard commercial aircraft whose flights originated in
Canada.
Subchapter B--United States Coast Guard
SEC. 2311. ADDITIONAL FUNDING FOR OPERATION AND MAINTENANCE.
In addition to other amounts authorized to be appropriated for the
United States Coast Guard for fiscal years 2000 and 2001, there is
authorized to be appropriated for the Coast Guard for each of fiscal
years 2000 and 2001, $100,000,000 for operation and maintenance.
Subchapter C--Drug Enforcement Administration
SEC. 2321. ADDITIONAL FUNDING FOR COUNTERNARCOTICS AND INFORMATION
SUPPORT OPERATIONS.
In addition to other amounts authorized to be appropriated for the
Drug Enforcement Administration for fiscal year 2000, there is
authorized to be appropriated for the Drug Enforcement Administration
for that fiscal year, $120,000,000 for counternarcotics and information
support operations.
Subchapter D--Department of the Treasury
SEC. 2331. ADDITIONAL FUNDING FOR COUNTER-DRUG INFORMATION SUPPORT.
In addition to other amounts authorized to be appropriated for the
Department of the Treasury for fiscal years 2000 and 2001, there is
authorized to be appropriated for the Department of the Treasury for
each of fiscal years 2001 and 2001, $50,000,000 for counternarcotics,
information support, and money laundering efforts.
Subchapter E--Department of Defense
SEC. 2341. ADDITIONAL FUNDING FOR EXPANSION OF COUNTERNARCOTICS
ACTIVITIES.
In addition to other amounts authorized to be appropriated for the
Department of Defense for fiscal years 2000 and 2001, there is
authorized to be appropriated for the Department of Defense for each of
fiscal years 2000 and 2001, $200,000,000 for expanded activities to
stop the flow of illegal drugs into the United States.
SEC. 2342. FORWARD MILITARY BASE FOR COUNTERNARCOTICS MATTERS.
(a) Authorization To Carry Out Military Construction Projects.--The
Secretary of the Air Force may acquire real property and carry out
military construction projects in the amount of $300,000,000 to
establish an air base or air bases for use for support of
counternarcotics operations in the areas of the southern Caribbean Sea,
northern South America, and the eastern Pacific Ocean, to be located in
Latin America or the area of the Caribbean Sea, or both.
(b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for fiscal year 2000, and
any succeeding fiscal year, for military construction and land
acquisition for an airbase referred to subsection (a).
SEC. 2343. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND
TRANSIT COUNTRIES.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Defense for fiscal year 2000,
$100,000,000 for purposes of the procurement of a Relocatable Over the
Horizon Radar (ROTHR) to be located in South America.
(b) Authorization To Locate.--The Relocatable Over the Horizon
Radar procured using funds appropriated pursuant to the authorization
of appropriations in subsection (a) may be located at a location in
South America that is suitable for purposes of providing enhanced radar
coverage of narcotics source zone countries in South America.
SEC. 2344. SENSE OF CONGRESS REGARDING FUNDING UNDER WESTERN HEMISPHERE
DRUG ELIMINATION ACT.
(a) Findings.--Congress makes the following findings:
(1) Teenage drug use in the United States has doubled since
1993.
(2) The drug crisis facing the United States poses a
paramount threat to the national security interests of the
United States.
(3) The trans-shipment of illicit drugs through United
States borders cannot be halted without an effective drug
interdiction strategy.
(4) The Clinton Administration has placed a low priority on
efforts to reduce the supply of illicit drugs, and the seizure
of such drugs by the Coast Guard and other Federal agencies has
decreased, as is evidenced by a 68 percent decrease between
1991 and 1996 in the pounds of cocaine seized by such agencies.
(5) The Western Hemisphere Drug Elimination Act was enacted
into law on October 19, 1998.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should allocate funds appropriated for
fiscal year 1999 pursuant to the authorizations of
appropriations for that fiscal year in the Western Hemisphere
Drug Elimination Act in order to carry out fully the purposes
of that Act during that fiscal year; and
(2) the President should include with the budgets for
fiscal years 2001 and 2002 that are submitted to Congress under
section 1105 of title 31, United States Code, a request for
funds for such fiscal years in accordance with the
authorizations of appropriations for such fiscal years in that
Act.
SEC. 2345. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION
AND COUNTERDRUG ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
It is the sense of Congress that the Secretary of Defense should
revise the Global Military Force Policy of the Department of Defense in
order--
(1) to treat the international drug interdiction and
counterdrug activities of the Department as a military
operation other than war, thereby elevating the priority given
such activities under the Policy to the next priority below the
priority given to war under the Policy and to the same priority
given to peacekeeping operations under the Policy; and
(2) to allocate the assets of the Department to such
activities in accordance with the priority given such
activities under the revised Policy.
CHAPTER 5--FAITH-BASED SUBSTANCE ABUSE TREATMENT
SEC. 2350. SHORT TITLE.
This chapter may be cited as the ``Faith-Based Drug Treatment
Enhancement Act''.
SEC. 2351. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES
PROVIDED THROUGH RELIGIOUS ORGANIZATIONS.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by adding at the end the following:
``Part G--Services Provided Through Religious Organizations
``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS.
``(a) Designated Programs.--Subject to subsection (b), this part
applies to each program under this Act that makes awards of Federal
financial assistance to public or private entities for the purpose of
carrying out activities to prevent or treat substance abuse (in this
part referred to as a `designated program'). Designated programs
include the program under subpart II of part B of title XIX (relating
to formula grants to the States).
``(b) Limitation.--This part does not apply to any award of Federal
financial assistance under a designated program for a purpose other
than the purpose specified in subsection (a).
``(c) Definitions.--For purposes of this part (and subject to
subsection (b)):
``(1) Designated award recipient.--The term `designated
award recipient' means a public or private entity that has
received an award under a designated program (whether the award
is a designated direct award or a designated subaward).
``(2) Designated direct award.--The term `designated direct
award' means an award under a designated program that is
received directly from the Federal Government.
``(3) Designated subaward.--The term `designated subaward'
means an award of financial assistance made by a non-Federal
entity, which award consists in whole or in part of Federal
financial assistance provided through an award under a
designated program.
``(4) Designated program.--The term `designated program'
has the meaning given such term in subsection (a).
``(5) Financial assistance.--The term `financial
assistance' means a grant, cooperative agreement, contract, or
voucherized assistance.
``(6) Program beneficiary.--The term `program beneficiary'
means an individual who receives program services.
``(7) Program participant.--The term `program participant'
has the meaning given such term in section 582(a)(2).
``(8) Program services.--The term `program services' means
treatment for substance abuse, or preventive services regarding
such abuse, provided pursuant to an award under a designated
program.
``(9) Religious organization.--The term `religious
organization' means a nonprofit religious organization.
``(10) Voucherized assistance.--The term `voucherized
assistance' means--
``(A) a system of selecting and reimbursing program
services in which--
``(i) the beneficiary is given a document
or other authorization that may be used to pay
for program services;
``(ii) the beneficiary chooses the
organization that will provide services to him
or her according to rules specified by the
designated award recipient; and
``(iii) the organization selected by the
beneficiary is reimbursed by the designated
award recipient for program services provided;
or
``(B) any other mode of financial assistance to pay
for program services in which the program beneficiary
determines the allocation of program funds through his
or her selection of one service provider from among
alternatives.
``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS.
``(a) In General.--
``(1) Scope of authority.--Notwithstanding any other
provision of law, a religious organization--
``(A) may be a designated award recipient;
``(B) may make designated subawards to other public
or nonprofit private entities (including other
religious organizations);
``(C) may provide for the provision of program
services to program beneficiaries through the use of
voucherized assistance; and
``(D) may be a provider of services under a
designated program, including a provider that accepts
voucherized assistance.
``(2) Definition of program participant.--For purposes of
this part, the term `program participant' means a public or
private entity that has received a designated direct award, or
a designated subaward, regardless of whether the entity
provides program services. Such term includes an entity whose
only participation in a designated program is to provide
program services pursuant to the acceptance of voucherized
assistance.
``(b) Religious Organizations.--The purpose of this section is to
allow religious organizations to be program participants on the same
basis as any other nonprofit private provider without impairing the
religious character of such organizations, and without diminishing the
religious freedom of program beneficiaries.
``(c) Nondiscrimination Against Religious Organizations.--
``(1) Findings.--The Congress finds that the establishment
clause of the first amendment to the Constitution of the United
States does not require that--
``(A) social-welfare programs discriminate against
faith-based providers of services; or
``(B) faith-based providers of services, as a
prerequisite to participation in Federal programs,
abandon their religious character and censor their
religious expression.
``(2) Nondiscrimination.--Religious organizations are
eligible to be program participants on the same basis as any
other nonprofit private organization. Neither the Federal
Government nor a State receiving funds under such programs
shall discriminate against an organization that is or applies
to be a program participant on the basis that the organization
has a religious character.
``(d) Religious Character and Freedom.--
``(1) Religious organizations.--Except as provided in this
section, any religious organization that is a program
participant shall retain its independence from Federal, State,
and local government, including such organization's control
over the definition, development, practice, and expression of
its religious beliefs.
``(2) Additional safeguards.--Neither the Federal
Government nor a State shall require a religious organization
to--
``(A) alter its form of internal governance; or
``(B) remove religious art, icons, scripture, or
other symbols;
in order to be a program participant.
``(e) Nondiscrimination in Employment.--
``(1) In general.--Except as provided in paragraph (2),
nothing in this section shall be construed to modify or affect
the provisions of any other Federal or State law or regulation
that relates to discrimination in employment on the basis of
religion.
``(2) Exception.--A religious organization that is a
program participant may require that an employee rendering
program services adhere to--
``(A) the religious beliefs and practices of such
organization; and
``(B) any rules of the organization regarding the
use of drugs or alcohol.
``(f) Rights of Program Beneficiaries.--
``(1) Objections regarding religious organizations.--With
respect to an individual who is a program beneficiary or a
prospective program beneficiary, if the individual objects to a
program participant on the basis that the participant is a
religious organization, the following applies:
``(A) If the organization received a designated
direct award, the organization shall arrange for the
individual to receive program services through an
alternative entity.
``(B) If the organization received a designated
subaward, the non-Federal entity that made the subaward
shall arrange for the individual to receive the program
services through an alternative program participant.
``(C) If the organization is providing services
pursuant to voucherized assistance, the designated
award recipient that operates the voucherized
assistance program shall arrange for the individual to
receive the program services through an alternative
provider.
``(D) Arrangements under any of subparagraphs (A)
through (C) with an alternative entity shall provide
for program services the monetary value of which is not
less than the monetary value of the program services
that the individual would have received from the
religious organization involved.
``(2) Nondiscrimination.--
``(A) In general.--Except as provided in
subparagraph (B) or as otherwise provided in law, a
religious organization that is a program participant
shall not in providing program services discriminate
against a program beneficiary on the basis of religion
or religious belief.
``(B) Limitation.--A religious organization that is
a program participant may require a program beneficiary
who has elected in accordance with paragraph (1) to
receive program services from such organization--
``(i) to actively participate in religious
practice, worship, and instruction; and
``(ii) to follow rules of behavior devised
by the organizations that are religious in
content or origin.
``(g) Fiscal Accountability.--
``(1) In general.--Except as provided in paragraph (2), any
religious organization that is a program participant shall be
subject to the same regulations as other recipients of awards
of Federal financial assistance to account, in accordance with
generally accepted auditing principles, for the use of the
funds provided under such awards.
``(2) Limited audit.--With respect to the award involved,
if a religious organization that is a program participant
maintains the Federal funds in a separate account from non-
Federal funds, then only the Federal funds shall be subject to
audit.
``(h) Compliance.--With respect to compliance with this section by
an agency, a religious organization may obtain judicial review of
agency action in accordance with chapter 7 of title 5, United States
Code.
``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.
``(a) In General.--Except as provided in subsection (b), no funds
provided directly to an entity under a designated program shall be
expended for sectarian worship or instruction.
``(b) Exception.--Subsection (a) shall not apply to assistance
provided to or on behalf of a program beneficiary if the beneficiary
may choose where such assistance is redeemed or allocated.
``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS.
``(a) Funds Not Aid to Institutions.--Financial assistance under a
designated program provided to or on behalf of program beneficiaries is
aid to the beneficiary, not to the organization providing program
services. The receipt by a program beneficiary of program services at
the facilities of the organization shall not constitute Federal
financial assistance to the organization involved.
``(b) Prohibition on State Discrimination in Use of Funds.--No
provision in any State constitution or State law shall be construed to
prohibit the expenditure of Federal funds under a designated program in
a religious facility or by a religious organization that is a program
participant. If a State law or constitution would prevent the
expenditure of State or local public funds in such a facility or by
such an organization, then the State or local government shall
segregate the Federal funds from State or other public funds for
purposes of carrying out the designated program.
``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG TREATMENT
PROGRAMS.
``(a) Findings.--The Congress finds that--
``(1) establishing formal educational qualification for
counselors and other personnel in drug treatment programs may
undermine the effectiveness of such programs; and
``(2) such formal educational requirements for counselors
and other personnel may hinder or prevent the provision of
needed drug treatment services.
``(b) Limitation on Educational Requirements of Personnel.--
``(1) Treatment of religious education.--If any State or
local government that is a program participant imposes formal
educational qualifications on providers of program services,
including religious organizations, such State or local
government shall treat religious education and training of
personnel as having a critical and positive role in the
delivery of program services. In applying educational
qualifications for personnel in religious organizations, such
State or local government shall give credit for religious
education and training equivalent to credit given for secular
course work in drug treatment or any other secular subject that
is of similar grade level and duration.
``(2) Restriction of discrimination requirements.--
``(A) In general.--Subject to paragraph (1), a
State or local government that is a program participant
may establish formal educational qualifications for
personnel in organizations providing program services
that contribute to success in reducing drug use among
program beneficiaries.
``(B) Exception.--The Secretary shall waive the
application of any educational qualification imposed
under subparagraph (A) for an individual religious
organization, if the Secretary determines that--
``(i) the religious organization has a
record of prior successful drug treatment for
at least the preceding 3 years;
``(ii) the educational qualifications have
effectively barred such religious organization
from becoming a program provider;
``(iii) the organization has applied to the
Secretary to waive the qualifications; and
``(iv) the State or local government has
failed to demonstrate empirically that the
educational qualifications in question are
necessary to the successful operation of a drug
treatment program.''.
CHAPTER 6--METHAMPHETAMINE LABORATORIES
SEC. 2361. SHORT TITLE.
This chapter may be cited as the ``Determined and Full Engagement
Against the Threat of Methamphetamine'' or ``DEFEAT Meth'' Act of 1999.
SEC. 2362. ENHANCED PUNISHMENT OF METHAMPHETAMINE LABORATORY OPERATORS.
(a) Federal 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 the Federal sentencing
guidelines in accordance with paragraph (2) with respect to any
offense relating to the manufacture, attempt to manufacture, or
conspiracy to manufacture amphetamine or methamphetamine in
violation of--
(A) the Controlled Substances Act (21 U.S.C. 801 et
seq.);
(B) the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.); or
(C) the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.).
(2) Requirements.--In carrying out this subsection, the
United States Sentencing Commission shall, with respect to each
offense described in paragraph (1)--
(A) increase the base offense level for the offense
so that the base offense level is the same as the base
offense level applicable to an identical amount of
cocaine base; or
(B) if the offense created a substantial risk of
danger to the health and safety of another person
(including any Federal, State, or local law enforcement
officer lawfully present at the location of the
offense), increase the base offense level for the
offense by not less than 3 offense levels above the
level established under subparagraph (A).
(3) Emergency authority to sentencing commission.--The
United States Sentencing Commission shall promulgate amendments
pursuant to this subsection as soon as practicable after the
date of enactment of this Act in accordance with the procedure
set forth in section 21(a) of the Sentencing Act of 1987
(Public Law 100-182), as though the authority under that Act
had not expired.
(b) Effective Date.--The amendments made pursuant to this section
shall apply with respect to any offense occurring on or after the date
that is 60 days after the date of enactment of this Act.
SEC. 2363. INCREASED RESOURCES FOR LAW ENFORCEMENT.
(a) Authorization of DEA Funds To Combat Methamphetamines.--
(1) Purpose.--From amounts made available to carry out this
subsection, the Administrator of the Drug Enforcement
Administration shall implement a comprehensive approach for
targeting and investigating methamphetamine production,
trafficking, and abuse to combat the trafficking of
methamphetamine in areas designated by the Director of National
Drug Control Policy as high intensity drug trafficking areas,
which approach shall include--
(A) training local law enforcement agents in the
detection and destruction of clandestine
methamphetamine laboratories, and the prosecution of
any offense relating to the manufacture, attempt to
manufacture, or conspiracy to manufacture
methamphetamine in violation of the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et
seq.), the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1901 et seq.), or applicable State law;
(B) investigating and assisting in the prosecution
of methamphetamine traffickers, establishing a national
clandestine laboratory computer database, reducing the
availability of precursor chemicals being diverted to
clandestine laboratories in the United States and
abroad, and cleaning up the hazardous waste generated
by seized clandestine laboratories; and
(C) allocating agents to States with the highest
rates of clandestine laboratory closures during the
most recent 5 fiscal years.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $30,000,000 for fiscal year 2000; and
(B) such sums as may be necessary for each of
fiscal years 2001 through 2004.
(b) High Intensity Drug Trafficking Areas.--
(1) In general.--From amounts made available to carry out
this subsection, the Director of National Drug Control Policy
shall combat the trafficking of methamphetamine in areas
designated by the Director of National Drug Control Policy as
high intensity drug trafficking areas, including the hiring of
new laboratory technicians in rural communities.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $25,000,000 for fiscal year 2000; and
(B) such sums as may be necessary for each of
fiscal years 2001 through 2004.
(c) Expanding Methamphetamine Abuse Prevention Efforts.--
(1) Prevention programs and activities.--
(A) In general.--From amounts made available to
carry out this subsection, the Director of National
Drug Control Policy shall--
(i) carry out community-based prevention
programs that are focused on those populations
within the community that are most at-risk for
methamphetamine abuse and addiction;
(ii) assist local government entities to
conduct appropriate methamphetamine prevention
activities;
(iii) train and educate State and local law
enforcement officials on the signs of
methamphetamine abuse and addiction and the
options for treatment and prevention;
(iv) carry out planning, administration,
and educational activities related to the
prevention of methamphetamine abuse and
addiction;
(v) monitor and evaluate methamphetamine
prevention activities, and report and
disseminate resulting information to the
public; and
(vi) carry out targeted pilot programs with
evaluation components to encourage innovation
and experimentation with new methodologies.
(B) Priority.--In carrying out this paragraph, the
Director of National Drug Control Policy shall give
priority to assisting rural and urban areas that are
experiencing a high rate or rapid increases in
methamphetamine abuse and addiction.
(C) Analyses and evaluation.--
(i) In general.--Of the amount made
available to carry out this subsection in each
fiscal year, not less than $500,000 shall be
used by the Director of National Drug Control
Policy, in consultation with the heads of other departments and
agencies of the Federal Government--
(I) to support and conduct periodic
analyses and evaluations of effective
prevention programs for methamphetamine
abuse and addiction; and
(II) for the development of
appropriate strategies for
disseminating information about and
implementing those programs.
(ii) Annual reports.--The Director shall
annually submit to Congress a report on results
of the analyses and evaluations under clause
(i) during the preceding 12-month period.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $25,000,000 for fiscal year 2000; and
(B) such sums as may be necessary for each of
fiscal years 2001 through 2004.
SEC. 2364. METHAMPHETAMINE PARAPHERNALIA.
Section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d))
is amended by inserting ``methamphetamines,'' after ``PCP,''.
SEC. 2365. MANDATORY RESTITUTION.
Section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q))
is amended by striking ``may'' and inserting ``shall''.
SEC. 2366. SENSE OF CONGRESS REGARDING METHAMPHETAMINE LABORATORY
CLEANUP.
(a) Findings.--Congress makes the following findings:
(1) Methamphetamine use is increasing.
(2) The production of methamphetamine is increasingly
taking place in laboratories located in rural and urban areas.
(3) This production involves dangerous and explosive
chemicals that are dumped in an unsafe manner.
(4) The cost of cleaning up these production sites involves
major financial burdens on State and local law enforcement
agencies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Administrator of the Drug Enforcement
Administration should develop a comprehensive plan for
addressing the need for the speedy and safe clean up of
methamphetamine laboratory sites; and
(2) the Federal Government should allocate sufficient
funding to pay for a comprehensive effort to clean up
methamphetamine laboratory sites.
CHAPTER 7--DOCTOR PRESCRIPTIONS OF SCHEDULE I SUBSTANCES
SEC. 2371. 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.
Subtitle B--Drug Treatment
SEC. 2401. COORDINATED JUVENILE SERVICES GRANTS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after section 205
the following:
``SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.
``(a) In General.--The Attorney General and the Secretary of Health
and Human Services shall make grants to a consortium within a State of
State or local juvenile justice agencies, State or local substance
abuse and mental health agencies, and child service agencies to
coordinate the delivery of services to children among these agencies.
``(b) Use of Funds.--A consortium described in subsection (a) that
receives a grant under this section shall use the grant for the
establishment and implementation of programs that address the service
needs of juveniles with substance abuse and treatment problems who come
into contact with the justice system by requiring the following:
``(1) Collaboration across child serving systems, including
juvenile justice agencies, relevant substance abuse and mental
health treatment providers, and State or local educational
entities and welfare agencies.
``(2) Appropriate screening and assessment of juveniles.
``(3) Individual treatment plans.
``(4) Significant involvement of juvenile judges where
possible.
``(c) Application for Coordinated Juvenile Services Grant.--
``(1) In general.--A consortium described in subsection (a)
desiring to receive a grant under this section shall submit an
application containing such information as the Administrator
may prescribe.
``(2) Contents.--In addition to guidelines established by
the Administrator, each application submitted under paragraph
(1) shall provide--
``(A) certification that there has been appropriate
consultation with all affected agencies and that there
will be appropriate coordination with all affected
agencies in the implementation of the program;
``(B) for the regular evaluation of the program
funded by the grant and describe the methodology that
will be used in evaluating the program;
``(C) assurances that the proposed program or
activity will not supplant similar programs and
activities currently available in the community; and
``(D) specify plans for obtaining necessary support
and continuing the proposed program following the
conclusion of Federal support.
``(3) Federal share.--The Federal share of a grant under
this section shall not exceed 75 percent of the cost of the
program.
``(d) Report.--Each recipient of a grant under this section during
a fiscal year shall submit to the Attorney General a report regarding
the effectiveness of programs established with the grant on the date
specified by the Attorney General.
``(e) Authorization of Appropriations.--There shall be made
available from the Violent Crime Reduction Trust Fund for each of
fiscal years 2000 through 2004, $50,000,000 to carry out this
section.''.
SEC. 2402. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.
(a) Use of Residential Substance Abuse Treatment Grants To Provide
Aftercare Services.--Section 1902 of part S of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is
amended by adding at the end the following:
``(f) Use of Grant Amounts for Nonresidential Aftercare Services.--
A State may use amounts received under this part to provide
nonresidential substance abuse treatment aftercare services for inmates
or former inmates that meet the requirements of subsection (c), if the
chief executive officer of the State certifies to the Attorney General
that the State is providing, and will continue to provide, an adequate
level of residential treatment services.''.
(b) Jail-Based Substance Abuse Treatment.--Part S of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et
seq.) is amended by adding at the end the following:
``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.
``(a) Definitions.--In this section:
``(1) The term `jail-based substance abuse treatment
program' means a course of individual and group activities,
lasting for a period of not less than 3 months, in an area of a
correctional facility set apart from the general population of
the correctional facility, if those activities are--
``(A) directed at the substance abuse problems of
prisoners; and
``(B) intended to develop the cognitive,
behavioral, social, vocational, and other skills of
prisoners in order to address the substance abuse and
related problems of prisoners.
``(2) The term `local correctional facility' means any
correctional facility operated by a unit of local government.
``(b) Authorization.--
``(1) In general.--Not less than 10 percent of the total
amount made available to a State under section 1904(a) for any
fiscal year may be used by the State to make grants to local
correctional facilities in the State for the purpose of
assisting jail-based substance abuse treatment programs
established by those local correctional facilities.
``(2) Federal share.--The Federal share of a grant made by
a State under this section to a local correctional facility may
not exceed 75 percent of the total cost of the jail-based
substance abuse treatment program described in the application
submitted under subsection (c) for the fiscal year for which
the program receives assistance under this section.
``(c) Applications.--
``(1) In general.--To be eligible to receive a grant from a
State under this section for a jail-based substance abuse
treatment program, the chief executive of a local correctional
facility shall submit to the State, in such form and containing
such information as the State may reasonably require, an
application that meets the requirements of paragraph (2).
``(2) Application requirements.--Each application submitted
under paragraph (1) shall include--
``(A) with respect to the jail-based substance
abuse treatment program for which assistance is sought,
a description of the program and a written
certification that the local correctional facility
will--
``(i) coordinate the design and
implementation of the program between local
correctional facility representatives and the
appropriate State and local alcohol and
substance abuse agencies;
``(ii) implement (or continue to require)
urinalysis or other proven reliable forms of
substance abuse testing of individuals
participating in the program, including the
testing of individuals released from the jail-
based substance abuse treatment program who
remain in the custody of the local correctional
facility; and
``(iii) carry out the program in accordance
with guidelines, which shall be established by
the State, in order to guarantee each
participant in the program access to
consistent, continual care if transferred to a
different local correctional facility within
the State;
``(B) written assurances that Federal funds
received by the local correctional facility from the
State under this section will be used to supplement,
and not to supplant, non-Federal funds that would
otherwise be available for jail-based substance abuse
treatment programs assisted with amounts made available
to the local correctional facility under this section;
and
``(C) a description of the manner in which amounts
received by the local correctional facility from the
State under this section will be coordinated with
Federal assistance for substance abuse treatment and
aftercare services provided to the local correctional
facility by the Substance Abuse and Mental Health
Services Administration of the Department of Health and
Human Services.
``(d) Review of Applications.--
``(1) In general.--Upon receipt of an application under
subsection (c), the State shall--
``(A) review the application to ensure that the
application, and the jail-based residential substance
abuse treatment program for which a grant under this
section is sought, meet the requirements of this
section; and
``(B) if so, make an affirmative finding in writing
that the jail-based substance abuse treatment program
for which assistance is sought meets the requirements
of this section.
``(2) Approval.--Based on the review conducted under
paragraph (1), not later than 90 days after the date on which
an application is submitted under subsection (c), the State
shall--
``(A) approve the application, disapprove the
application, or request a continued evaluation of the
application for an additional period of 90 days; and
``(B) notify the applicant of the action taken
under subparagraph (A) and, with respect to any denial
of an application under subparagraph (A), afford the
applicant an opportunity for reconsideration.
``(3) Eligibility for preference with aftercare
component.--
``(A) In general.--In making grants under this
section, a State shall give preference to applications
from local correctional facilities that ensure that
each participant in the jail-based substance abuse
treatment program for which a grant under this section
is sought, is required to participate in an aftercare
services program that meets the requirements of
subparagraph (B), for a period of not less than 1 year
following the earlier of--
``(i) the date on which the participant
completes the jail-based substance abuse
treatment program; or
``(ii) the date on which the participant is
released from the correctional facility at the
end of the participant's sentence or is
released on parole.
``(B) Aftercare services program requirements.--For
purposes of subparagraph (A), an aftercare services
program meets the requirements of this paragraph if the
program--
``(i) in selecting individuals for
participation in the program, gives priority to
individuals who have completed a jail-based
substance abuse treatment program;
``(ii) requires each participant in the
program to submit to periodic substance abuse
testing; and
``(iii) involves the coordination between
the jail-based substance abuse treatment
program and other human service and
rehabilitation programs that may assist in the
rehabilitation of program participants, such
as--
``(I) educational and job training
programs;
``(II) parole supervision programs;
``(III) half-way house programs;
and
``(IV) participation in self-help
and peer group programs; and
``(iv) assists in placing jail-based
substance abuse treatment program participants
with appropriate community substance abuse
treatment facilities upon release from the
correctional facility at the end of a sentence
or on parole.
``(e) Coordination and Consultation.--
``(1) Coordination.--Each State that makes 1 or more grants
under this section in any fiscal year shall, to the maximum
extent practicable, implement a statewide communications
network with the capacity to track the participants in jail-
based substance abuse treatment programs established by local
correctional facilities in the State as those participants move
between local correctional facilities within the State.
``(2) Consultation.--Each State described in paragraph (1)
shall consult with the Attorney General and the Secretary of
Health and Human Services to ensure that each jail-based
substance abuse treatment program assisted with a grant made by
the State under this section incorporates applicable components
of comprehensive approaches, including relapse prevention and aftercare
services.
``(f) Use of Grant Amounts.--
``(1) In general.--Each local correctional facility that
receives a grant under this section shall use the grant amount
solely for the purpose of carrying out the jail-based substance
abuse treatment program described in the application submitted
under subsection (c).
``(2) Administration.--Each local correctional facility
that receives a grant under this section shall carry out all
activities relating to the administration of the grant amount,
including reviewing the manner in which the amount is expended,
processing, monitoring the progress of the program assisted,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``(3) Restriction.--A local correctional facility may not
use any amount of a grant under this section for land
acquisition or a construction project.
``(g) Reporting Requirement; Performance Review.--
``(1) Reporting requirement.--Not later than March 1 each
year, each local correctional facility that receives a grant
under this section shall submit to the Attorney General,
through the State, a description and evaluation of the jail-
based substance abuse treatment program carried out by the
local correctional facility with the grant amount, in such form
and containing such information as the Attorney General may
reasonably require.
``(2) Performance review.--The Attorney General shall
conduct an annual review of each jail-based substance abuse
treatment program assisted under this section, in order to
verify the compliance of local correctional facilities with the
requirements of this section.
``(h) No Effect on State Allocation.--Nothing in this section shall
be construed to affect the allocation of amounts to States under
section 1904(a).''.
(c) Eligibility for Substance Abuse Treatment.--Part S of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796ff et seq.), as amended by subsection (b), is further amended by
adding at the end the following:
``SEC. 1907. DEFINITIONS.
``In this part:
``(1) The term `inmate' means an adult or a juvenile who is
incarcerated or detained in any State or local correctional
facility.
``(2) The term `correctional facility' includes a secure
detention facility and a secure correctional facility (as those
terms are defined in section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603)).''.
(d) Clerical Amendment.--The table of contents for title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended in the matter relating to part S by adding at the end
the following:
``1906. Jail-based substance abuse treatment.
``1907. Definitions.''.
SEC. 2403. JUVENILE SUBSTANCE ABUSE COURTS.
(a) Grant Authority.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following:
``PART AA--JUVENILE SUBSTANCE ABUSE COURTS
``SEC. 2701. DEFINITIONS.
``In this part:
``(1) The term `violent juvenile offender' means a juvenile
who has been convicted of a violent offense or adjudicated
delinquent for an act that, if committed by an adult, would
constitute a violent offense.
``(2) The term `violent offense' means a criminal offense
during the course of which--
``(A) the individual carried, possessed, or used a
firearm or dangerous weapon;
``(B) the death of or serious bodily injury of
another person occurred as a direct result of the
commission of such offense; or
``(C) the individual used force against the person
of another.
``SEC. 2702. GRANT AUTHORITY.
``(a) Appropriate Substance Abuse Court Programs.--The Attorney
General may make grants to States, State courts, local courts, units of
local government, and Indian tribes in accordance with this part to
establish programs that--
``(1) continue judicial supervision over juvenile offenders
(other than violent juvenile offenders) with substance abuse
problems; and
``(2) integrate administration of other sanctions and
services, which include--
``(A) mandatory periodic testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation
for each participant;
``(B) substance abuse treatment for each
participant;
``(C) probation, diversion, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress;
``(D) programmatic, offender management, and
aftercare services such as relapse prevention, health
care, education, vocational training, job placement,
housing placement, and child care or other family
support service for each participant who requires such
services;
``(E) payment by the offender of treatment costs,
to the extent practicable, such as costs for urinalysis
or counseling; and
``(F) payment by the offender of restitution, to
the extent practicable, to either a victim of the
offender's offense or to a restitution or similar
victim support fund.
``(b) Use of Grants for Necessary Support Programs.--A recipient of
a grant under this part may use the grant to pay for treatment,
counseling, and other related and necessary expenses not covered by
other Federal, State, Indian tribal, and local sources of funding that
would otherwise be available.
``(c) Continued Availability of Grant Funds.--Amounts made
available under this part shall remain available until expended.
``SEC. 2703. APPLICATIONS.
``(a) In General.--In order to receive a grant under this part, the
chief executive or the chief justice of a State, or the chief executive
or chief judge of a unit of local government or Indian tribe shall
submit an application to the Attorney General in such form and
containing such information as the Attorney General may reasonably
require.
``(b) Contents.--In addition to any other requirements that may be
specified by the Attorney General, each application for a grant under
this part shall--
``(1) include a long-term strategy and detailed
implementation plan;
``(2) explain the applicant's need for Federal assistance;
``(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
``(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
``(6) certify that participating offenders will be
supervised by one or more designated judges with responsibility
for the substance abuse court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
``(8) describe the methodology that will be used in
evaluating the program.
``SEC. 2704. FEDERAL SHARE.
``(a) In General.--The Federal share of a grant made under this
part may not exceed 90 percent of the total costs of the program
described in the application submitted under section 2703 for the
fiscal year for which the program receives assistance under this part.
``(b) Waiver.--The Attorney General may waive, in whole or in part,
the requirement of a matching contribution under subsection (a).
``(c) In-Kind Contributions.--In-kind contributions may constitute
a portion of the non-Federal share of a grant under this part.
``SEC. 2705. REPORT.
``Each recipient of a grant under this part during a fiscal year
shall submit to the Attorney General a report regarding the
effectiveness of programs established with the grant on the date
specified by the Attorney General.
``SEC. 2706. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
``(b) Evaluations.--In addition to any evaluation requirement that
may be prescribed for recipients of grants under this part, the
Attorney General may carry out or make arrangements for evaluations of
programs that receive assistance under this part.
``(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.
``SEC. 2707. REGULATIONS.
The Attorney General shall issue any regulations and guidelines
necessary to carry out this part, which shall ensure that the programs
funded with grants under this part do not permit participation by
violent juvenile offenders.
``SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for each of fiscal years
2000 through 2005, $50,000,000 to carry out this part.''.
(b) Clerical Amendment.--The table of contents for title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by adding at the end the following:
``Part AA--Juvenile Substance Abuse Courts
``Sec. 2701. Definitions.
``Sec. 2702. Grant authority.
``Sec. 2703. Applications.
``Sec. 2704. Federal share.
``Sec. 2705. Report.
``Sec. 2706. Technical assistance, training, and evaluation.
``Sec. 2707. Regulations.
``Sec. 2708. Authorization of appropriations.''.
Subtitle C--Gangs and Domestic Terrorism
CHAPTER 1--JUVENILE GANGS
SEC. 2501. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET
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 use
any facility in, or travel in, interstate or foreign commerce, or cause
another to do so, to recruit, solicit, induce, command, or cause
another person to be or to remain as a member of a criminal street
gang, or conspire to do so.
``(b) Penalties.--Any person who violates subsection (a) shall--
``(1) if the person recruited, solicited, induced,
commanded, or caused--
``(A) is a minor, be imprisoned 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 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 attains the
age of 18 years.
``(c) Definitions.--In this section:
``(1) Criminal street gang.--The term `criminal street
gang' has the meaning given the term in section 521.
``(2) Minor.--The term `minor' means a person who is
younger than 18 years of age.''.
(b) Clerical Amendment.--The 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. 2502. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.
Section 420 of the Controlled Substances Act (21 U.S.C. 861) is
amended--
(1) in subsection (b), by striking ``one year'' and
inserting ``3 years''; and
(2) in subsection (c), by striking ``one year'' and
inserting ``5 years''.
SEC. 2503. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 25. Use of minors in crimes of violence
``(a) Penalties.--Except as otherwise provided by law, whoever,
being not less than 18 years of age, knowingly and intentionally uses a
minor to commit a Federal offense that is a crime of violence, or to
assist in avoiding detection or apprehension for such an offense,
shall--
``(1) be subject to 2 times the maximum imprisonment and 2
times the maximum fine that would otherwise be imposed for the
offense; and
``(2) for second or subsequent convictions under this
subsection, be subject to 3 times the maximum imprisonment and
3 times the maximum fine that would otherwise be imposed for
the offense.
``(b) Definitions.--In this section:
``(1) Crime of violence.--The term `crime of violence' has
the meaning given the term in section 16 of this title.
``(2) Minor.--The term `minor' means a person who is less
than 18 years of age.
``(3) Uses.--The term `uses' means employs, hires,
persuades, induces, entices, or coerces.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 18,
United States Code, is amended by adding at the end the following:
``25. Use of minors in crimes of violence.''.
SEC. 2504. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.
(a) Definitions.--In this section:
(1) Governor.--The term ``Governor'' means a Governor of a
State or the Mayor of the District of Columbia.
(2) High intensity interstate gang activity area.--The term
``high intensity interstate gang activity area'' means an area
within a State that is designated as a high intensity
interstate gang activity area under subsection (b)(1).
(3) State.--The term ``State'' means a State of the United
States or the District of Columbia.
(b) High Intensity Interstate Gang Activity Areas.--
(1) Designation.--The Attorney General, upon consultation
with the Secretary of the Treasury and the Governors of
appropriate States, may designate as a high intensity
interstate gang activity area a specified area that is
located--
(A) within a State; or
(B) in more than 1 State.
(2) Assistance.--In order to provide Federal assistance to
a high intensity interstate gang activity area, the Attorney
General may--
(A) facilitate the establishment of a regional task
force, consisting of Federal, State, and local law
enforcement authorities, for the coordinated
investigation, disruption, apprehension, and
prosecution of criminal activities of gangs and gang
members in the high intensity interstate gang activity
area; and
(B) direct the detailing from any Federal
department or agency (subject to the approval of the
head of that department or agency, in the case of a
department or agency other than the Department of
Justice) of personnel to the high intensity interstate
gang activity area.
(3) Criteria for designation.--In considering an area
(within a State or within more than 1 State) for designation as
a high intensity interstate gang activity area under this
subsection, the Attorney General shall consider--
(A) the extent to which gangs from the area are
involved in interstate or international criminal
activity;
(B) the extent to which the area is affected by the
criminal activity of gang members who--
(i) are located in, or have relocated from,
other States; or
(ii) are located in, or have immigrated
(legally or illegally) from, foreign countries;
(C) the extent to which the area is affected by the
criminal activity of gangs that originated in other
States or foreign countries;
(D) the extent to which State and local law
enforcement agencies have committed resources to
respond to the problem of criminal gang activity in the
area, as an indication of their determination to
respond aggressively to the problem;
(E) the extent to which a significant increase in
the allocation of Federal resources would enhance local
response to gang-related criminal activities in the
area; and
(F) any other criteria that the Attorney General
considers to be appropriate.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
each of fiscal years 2000 through 2005, $100,000,000 to carry
out this section, to be used in accordance with paragraph (2).
(2) Use of funds.--Of amounts made available under
paragraph (1) in each fiscal year--
(A) 75 percent shall be used to carry out
subsection (b)(2); and
(B) 25 percent shall be used to make grants for
community-based programs to provide crime prevention
and intervention services that are designed for gang
members and at-risk youth in areas designated pursuant
to this section as high intensity interstate gang
activity areas.
(3) Requirement.--
(A) In general.--The Attorney General shall ensure
that not less than 10 percent of amounts made available
under paragraph (1) in each fiscal year are used to
assist rural States affected as described in
subparagraphs (B) and (C) of subsection (b)(3).
(B) Rural state defined.--In this paragraph, the
term ``rural State'' has the meaning given the term in
section 1501(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b)).
SEC. 2505. INCREASED PENALTY FOR USE OF PHYSICAL FORCE TO TAMPER WITH
WITNESSES, VICTIMS, OR INFORMANTS.
(a) In General.--Section 1512 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``as provided in
paragraph (2)'' and inserting ``as provided in
paragraph (3)'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Whoever uses physical force or the threat of physical force
against any person, or attempts to do so, with intent to--
``(A) influence, delay, or prevent the testimony of any
person in an official proceeding;
``(B) cause or induce any person to--
``(i) withhold testimony, or withhold a record,
document, or other object, from an official proceeding;
``(ii) alter, destroy, mutilate, or conceal an
object with intent to impair the object's integrity or
availability for use in an official proceeding;
``(iii) evade legal process summoning that person
to appear as a witness, or to produce a record,
document, or other object, in an official proceeding;
or
``(iv) be absent from an official proceeding to
which such person has been summoned by legal process;
or
``(C) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of
information relating to the commission or possible commission
of a Federal offense or a violation of conditions of probation,
parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).''; and
(D) in paragraph (3), as so redesignated, by
striking subparagraph (B) and inserting the following:
``(B) in the case of--
``(i) an attempt to murder; or
``(ii) the use of physical force against
any person;
imprisonment for not more than 20 years.''; and
(2) in subsection (b), by striking ``or physical force''.
(b) Conspiracy.--That section is further amended by adding at the
end the following:
``(j) Conspiracy.--Whoever conspires to commit any offense under
this section or section 1513 shall be subject to the same penalties as
those prescribed for the offense the commission of which was the object
of the conspiracy.''.
CHAPTER 2--TRAVEL ACT AMENDMENT
SEC. 2511. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF
CRIMINAL GANGS.
(a) Travel Act Amendment.--Section 1952 of title 18, United States
Code, is amended to read as follows:
``Sec. 1952. Interstate and foreign travel or transportation in aid of
racketeering enterprises
``(a) Prohibited Conduct and Penalties.--
``(1) In general.--Whoever--
``(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.--Whoever--
``(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.
``(b) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled
substance' has the meaning given that term 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) 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;
``(B) extortion, bribery, arson, burglary if the
offense involves property valued at not less than
$10,000, assault with a deadly weapon, assault
resulting in bodily injury, shooting at an occupied
dwelling or motor vehicle, or retaliation against or
intimidation of witnesses, victims, jurors, or
informants, in violation of the laws of the State in
which the offense is committed or of the United States;
``(C) the use of bribery, force, intimidation, or
threat, directed against any person, to delay or
influence the testimony of or prevent from testifying a
witness in a State criminal proceeding or by any such
means to cause any person to destroy, alter, or conceal
a record, document, or other object, with intent to
impair the object's integrity or availability for use
in such a proceeding; 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 to provide an appropriate increase in the
offense levels for traveling in interstate or foreign commerce
in aid of unlawful activity.
(2) Unlawful activity defined.--In this subsection, the
term ``unlawful activity'' has the meaning given that term in
section 1952(b) of title 18, United States Code, as amended by
this section.
(3) Sentencing enhancement for recruitment across state
lines.--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 for a person who, in violating section
522 of title 18, United States Code (as added by section 2501
of this Act), recruits, solicits, induces, commands, or causes
another person residing in another State to be or to remain a
member of a criminal gang, or crosses a State line with the
intent to recruit, solicit, induce, command, or cause another
person to be or to remain a member of a criminal gang.
CHAPTER 3--DISTRIBUTION OF INFORMATION ON DESTRUCTIVE DEVICES
SEC. 2521. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN INFORMATION
RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS
OF MASS DESTRUCTION.
(a) Unlawful Conduct.--Section 842 of title 18, United States Code,
is amended by adding at the end the following:
``(p) Distribution of Information Relating to Explosives,
Destructive Devices, and Weapons of Mass Destruction.--
``(1) Definitions.--In this subsection:
``(A) The term `destructive device' has the same
meaning as in section 921(a)(4).
``(B) The term `explosive' has the same meaning as
in section 844(j).
``(C) The term `weapon of mass destruction' has the
same meaning as in section 2332a(c)(2).
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to teach or demonstrate the making or use of
an explosive, a destructive device, or a weapon of mass
destruction, or to distribute by any means information
pertaining to, in whole or in part, the manufacture or
use of an explosive, destructive device, or weapon of
mass destruction, with the intent that the teaching,
demonstration, or information be used for, or in
furtherance of, an activity that constitutes a Federal
crime of violence; or
``(B) to teach or demonstrate to any person the
making or use of an explosive, a destructive device, or
a weapon of mass destruction, or to distribute to any
person, by any means, information pertaining to, in
whole or in part, the manufacture or use of an
explosive, destructive device, or weapon of mass
destruction, knowing that such person intends to use
the teaching, demonstration, or information for, or in
furtherance of, an activity that constitutes a Federal
crime of violence.''.
(b) Penalties.--Section 844 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``person who violates
any of subsections'' and inserting the following: ``person
who--
``(1) violates any of subsections'';
(2) by striking the period at the end and inserting ``;
and'';
(3) by adding at the end the following:
``(2) violates subsection (p)(2) of section 842, shall be
fined under this title, imprisoned not more than 20 years, or
both.''; and
(4) in subsection (j), by striking ``and (i)'' and
inserting ``(i), and (p)''.
CHAPTER 4--ANIMAL ENTERPRISE TERRORISM AND ECOTERRORISM
SEC. 2531. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE TERRORISM.
Section 43 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A), by striking ``under this title'' and inserting
``consistent with this title or double the amount of
damages, whichever is greater,''; and
(B) by striking ``one year'' and inserting ``five
years''; and
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Explosives or arson.--Whoever in the
course of a violation of subsection (a)
maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an
explosive, any building, vehicle, or other real
or personal property used by the animal
enterprise shall be imprisoned for not less
than 5 years and not more than 20 years, fined
under this title, or both.''; and
(C) in paragraph (3), as so redesignated, by
striking ``under this title and'' and all that follows
and inserting ``under this title, imprisoned for life
or for any term of years, or sentenced to death.''.
SEC. 2532. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM INCIDENT
CLEARINGHOUSE.
(a) In General.--The Director shall establish and maintain a
national clearinghouse for information on incidents of crime and
terrorism--
(1) committed against or directed at any animal enterprise;
(2) committed against or directed at any commercial
activity because of the perceived impact or effect of such
commercial activity on the environment; or
(3) committed against or directed at any person because of
such person's perceived connection with or support of any
enterprise or activity described in paragraph (1) or (2).
(b) Clearinghouse.--The clearinghouse established under subsection
(a) shall--
(1) accept, collect, and maintain information on incidents
described in subsection (a) that is submitted to the
clearinghouse by Federal, State, and local law enforcement
agencies, by law enforcement agencies of foreign countries, and
by victims of such incidents;
(2) collate and index such information for purposes of
cross-referencing; and
(3) upon request from a Federal, State, or local law
enforcement agency, or from a law enforcement agency of a
foreign country, provide such information to assist in the
investigation of an incident described in subsection (a).
(c) Scope of Information.--The information maintained by the
clearinghouse for each incident shall, to the extent practicable,
include--
(1) the date, time, and place of the incident;
(2) details of the incident;
(3) any available information on suspects or perpetrators
of the incident; and
(4) any other relevant information.
(d) Design of Clearinghouse.--The clearinghouse shall be designed
for maximum ease of use by participating law enforcement agencies.
(e) Publicity.--The Director shall publicize the existence of the
clearinghouse to law enforcement agencies by appropriate means.
(f) Resources.--In establishing and maintaining the clearinghouse,
the Director may--
(1) through the Attorney General, utilize the resources of
any other department or agency of the Federal Government; and
(2) accept assistance and information from private
organizations or individuals.
(g) Coordination.--The Director shall carry out the Director's
responsibilities under this section in cooperation with the Director of
the Bureau of Alcohol, Tobacco, and Firearms.
(h) Definitions.--As used in this section:
(1) The term ``animal enterprise'' has the same meaning
given such term in section 43 of title 18, United States Code.
(2) The term ``Director'' means the Director of the Federal
Bureau of Investigation.
(i) Authorization of Appropriations.--There is hereby authorized to
be appropriated for fiscal years 2000, 2001, 2002, 2003, and 2004 such
sums as are necessary to carry out this section.
Subtitle D--High Intensity Drug Trafficking Areas
SEC. 2601. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Numerous law enforcement agencies, including the United
States Customs Service, the Drug Enforcement Agency, and State
and local law enforcement agencies, are overwhelmed by the high
volume of methamphetamine trafficking along the Northern Border
of the United States, including throughout the State of
Minnesota.
(2) Minnesota and other States along the northern border
have become hubs for the clandestine manufacture, production,
sale, and abuse of methamphetamines.
(3) It is necessary to coordinate Federal, State, and local
law enforcement efforts to address the problem of
methamphetamine trafficking and abuse along the northern
border.
(b) Purpose.--The purpose of this subtitle is to provide for the
designation of the Northern Border of the United States as a high
intensity drug trafficking area to better address the problem of
methamphetamine trafficking along the area of the northern border by
directing additional resources to the area.
SEC. 2602. DESIGNATION OF NORTHERN BORDER AS HIGH INTENSITY DRUG
TRAFFICKING AREA.
Not later than 180 days after the date of enactment of this Act,
the Director of the Office of National Drug Control Policy shall
designate appropriate areas along the Northern Border of the United
States as a high intensity drug trafficking area. The areas designated
shall include the State of Minnesota.
SEC. 2603. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Office of
National Drug Control Policy for fiscal year 2000, $2,700,000 to carry
out the purposes of this subtitle.
TITLE III--CRIMINAL USE OF FIREARMS BY FELONS
Subtitle A--Criminal Use of Firearms by Felons
SEC. 3001. SHORT TITLE.
This subtitle may be referred to as the ``Criminal Use of Firearms
by Felons (CUFF) Act''.
SEC. 3002. CRIMINAL USE OF FIREARMS BY FELONS PROGRAM.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall establish in the
jurisdictions specified in subsection (d) a program that meets the
requirements of subsections (b) and (c). The program shall be known as
the ``Criminal Use of Firearms by Felons (CUFF) Program''.
(b) Program Elements.--Each program established under subsection
(a) shall, for the jurisdiction concerned--
(1) provide for coordination with State and local law
enforcement officials in the identification of violations of
Federal firearms laws;
(2) provide for the establishment of agreements with State
and local law enforcement officials for the referral to the
United States Attorney for prosecution of persons arrested for
violations of section 922(a)(6), 922(g)(1), 922(g)(2),
922(g)(3), 922(j), 922(k), or 924(c) of title 18, United States
Code, or section 5861(d) or 5861(h) of the Internal Revenue
Code of 1986, relating to firearms;
(3) require that the United States Attorney designate not
less than 1 Assistant United States Attorney to prosecute
violations of Federal firearms laws;
(4) provide for the hiring of agents for the Bureau of
Alcohol, Tobacco, and Firearms to investigate violations of the
provisions referred to in paragraph (2) and section 922(a)(5)
of title 18, United States Code, relating to firearms; and
(5) ensure that each person referred to the United States
Attorney under paragraph (1) be charged with a violation of the
most serious Federal offense consistent with the act committed.
(c) Public Education Campaign.--As part of the program for a
jurisdiction, the United States Attorney shall carry out, in
cooperation with local civic, community, and religious organizations,
an extensive media campaign focused in high-crime areas to--
(1) educate the public about the severity of penalties for
violations of Federal firearms laws; and
(2) encourage law-abiding citizens to report the possession
of illegal firearms to authorities.
(d) Covered Jurisdictions.--The jurisdictions specified in this
subsection are the following 25 jurisdictions:
(1) The 10 jurisdictions with a population equal to or
greater than 100,000 persons that had the highest total number
of violent crimes according to the FBI uniform crime report for
1998.
(2) The 15 jurisdictions with such a population, other than
the jurisdictions covered by paragraph (1), with the highest
per capita rate of violent crime according to the FBI uniform
crime report for 1998.
SEC. 3003. ANNUAL REPORTS.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the Attorney General shall submit to the
Committees on the Judiciary of Senate and House of Representatives a
report containing the following information:
(1) The number of Assistant United States Attorneys hired
under the program under this subtitle during the year preceding
the year in which the report is submitted in order to prosecute
violations of Federal firearms laws in Federal court.
(2) The number of individuals indicted for such violations
during that year by reason of the program.
(3) The increase or decrease in the number of individuals
indicted for such violations during that year by reason of the
program when compared with the year preceding that year.
(4) The number of individuals held without bond in
anticipation of prosecution by reason of the program.
(5) To the extent information is available, the average
length of prison sentence of the individuals convicted of
violations of Federal firearms laws by reason of the program.
SEC. 3004. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2000 $50,000,000 for purposes of the
program required under section 3002, of which--
(1) $40,000,000 shall be for salaries and expenses of
Assistant United States Attorneys and Bureau of Alcohol,
Tobacco, and Firearms agents; and
(2) $10,000,000 shall be available for the public relations
campaign required by subsection (c) of that section.
(b) Use of Funds.--(1) The Assistant United States Attorneys hired
using amounts appropriated pursuant to the authorization of
appropriations in subsection (a) shall prosecute violations of Federal
firearms laws in accordance with section 3002(b)(3).
(2) The Bureau of Alcohol, Tobacco, and Firearms agents hired using
amounts appropriated pursuant to the authorization of appropriations in
subsection (a) shall, to the maximum extent practicable, concentrate
their investigations on violations of Federal firearms laws in
accordance with section 3002(b)(4).
(3) It is the sense of Congress that amounts made available under
this section for the public education campaign required by section
3002(c) should, to the maximum extent practicable, be matched with
State or local funds or private donations.
Subtitle B--Apprehension and Treatment of Armed Violent Criminals
SEC. 3101. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED VIOLENT
CRIMINALS.
(a) Pretrial Detention For Possession of Firearms or Explosives By
Convicted Felons.--Section 3156(a)(4) of title 18, United States Code,
is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking ``and'' at the end of subparagraph (C) and
inserting ``or''; and
(3) by adding at the end the following:
``(D) an offense that is a violation of section
842(i) or 922(g) (relating to possession of explosives
or firearms by convicted felons); and''.
(b) Firearms Possession By Violent Felons and Serious Drug
Offenders.--Section 924(a)(2) of title 18, United States Code, is
amended--
(1) by striking ``Whoever'' and inserting ``(A) Except as
provided in subparagraph (B), any person who''; and
(2) by adding at the end the following:
``(B) Notwithstanding any other provision of law, the court shall
not grant a probationary sentence to a person who has more than 1
previous conviction for a violent felony or a serious drug offense,
committed under different circumstances.''.
TITLE IV--JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION
Subtitle A--Juvenile Justice Reform
SEC. 4101. 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 and Conforming Amendments.--The analysis for chapter
401 of title 18, United States Code, is amended--
(1) by striking the items relating to sections 5001 and
5002; and
(2) by redesignating the item relating to section 5003 as
an item relating to section 5001.
SEC. 4102. 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.--
``(1) Delinquency proceedings in district courts.--A
juvenile who is alleged to have committed a Federal offense
shall, except as provided in paragraph (2), be tried in the
appropriate district court of the United States--
``(A) in the case of an offense described in
subsection (c), and except as provided in subsection
(i), if the juvenile was not less than 14 years of age
at the time of the offense, as an adult at the
discretion of the United States Attorney in the
appropriate jurisdiction, upon certification by that
United States Attorney (which certification shall not
be subject to review in or by any court) that--
``(i) there is a substantial Federal
interest in the case or the offense to warrant
the exercise of Federal jurisdiction; or
``(ii) the ends of justice otherwise so
require;
``(B) in the case of a felony offense that is not
described in subsection (c), and except as provided in
subsection (i), if the juvenile was not less than 14
years of age at the time of the offense, as an adult,
upon certification by the Attorney General (which
certification shall not be subject to review in or by
any court) that--
``(i) there is a substantial Federal
interest in the case or the offense to warrant
the exercise of Federal jurisdiction; or
``(ii) the ends of justice otherwise so
require;
``(C) in the case of a juvenile who has, on a prior
occasion, been tried and convicted as an adult under
this section, as an adult; and
``(D) in all other cases, as a juvenile.
``(2) Referral by united states attorney; application to
concurrent jurisdiction.--
``(A) In general.--If the United States Attorney in
the appropriate jurisdiction (or in the case of an
offense under paragraph (1)(B), the Attorney General),
declines prosecution of an offense under this section,
the matter may be referred to the appropriate legal
authorities of the State or Indian tribe with
jurisdiction over both the offense and the juvenile.
``(B) Application to concurrent jurisdiction.--The
United States Attorney in the appropriate jurisdiction
(or, in the case of an offense under paragraph (1)(B),
the Attorney General), in cases of concurrent
jurisdiction between the Federal Government and a State
or Indian tribe over both the offense and the juvenile,
shall exercise a presumption in favor of referral
pursuant to subparagraph (A), unless the United States
Attorney pursuant to paragraph (1)(A) (or the Attorney
General pursuant to paragraph (1)(B)) certifies (which
certification shall not be subject to review in or by
any court) that--
``(i) the prosecuting authority or the
juvenile court or other appropriate court of
the State or Indian tribe refuses, declines, or
will refuse or will decline to assume
jurisdiction over the offense or the juvenile;
and
``(ii) there is a substantial Federal
interest in the case or the offense to warrant
the exercise of Federal jurisdiction.
``(C) Definitions.--In this subsection:
``(i) Indian tribe.--The term `Indian
tribe' has the meaning given the term in
section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450b(e)).
``(ii) 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.
``(b) Joinder; Lesser Included Offenses.--In a prosecution under
this section, a juvenile may be prosecuted and convicted as an adult
for any offense that is properly joined under the Federal Rules of
Criminal Procedure with an offense described in subsection (c), and may
also be convicted of a lesser included offense.
``(c) Offenses Described.--An offense is described in this
subsection if it is a Federal offense that--
``(1) is a serious violent felony or a serious drug offense
(as those terms are defined in section 3559(c), except that
section 3559(c)(3) does not apply to this subsection); or
``(2) is a conspiracy or an attempt to commit an offense
described in paragraph (1).
``(d) Waiver to Juvenile Status in Certain Cases; Limitations on
Judicial Review.--
``(1) In general.--Except as otherwise provided in this
subsection, a determination to approve or not to approve, or to
institute or not to institute, a prosecution under subsection (a)(1)
shall not be reviewable in any court.
``(2) Determination by court on trial as adult of certain
juvenile.--In any prosecution of a juvenile under subsection
(a)(1)(A) if the juvenile was less than 16 years of age at the
time of the offense, or under subsection (a)(1)(B), upon motion
of the defendant and after a hearing, the court in which
criminal charges have been filed shall determine whether to
issue an order to provide for the transfer of the defendant to
juvenile status for the purposes of proceeding against the
defendant under subsection (a).
``(3) Time requirements.--A motion by a defendant under
paragraph (2) shall not be considered unless that motion is
filed not later than 20 days after the date on which the
defendant--
``(A) initially appears through counsel; or
``(B) expressly waives the right to counsel and
elects to proceed pro se.
``(4) Prohibition.--The court shall not order the transfer
of a defendant to juvenile status under paragraph (2) unless
the defendant establishes by clear and convincing evidence or
information that removal to juvenile status would be in the
interest of justice. In making a determination under paragraph
(2), the court may consider--
``(A) the nature of the alleged offense, including
the extent to which the juvenile played a leadership
role in an organization, or otherwise influenced other
persons to take part in criminal activities;
``(B) whether prosecution of the juvenile as an
adult is necessary to protect property or public
safety;
``(C) the age and social background of the
juvenile;
``(D) the extent and nature of the prior criminal
or delinquency record of the juvenile;
``(E) the intellectual development and
psychological maturity of the juvenile;
``(F) the nature of any treatment efforts and the
response of the juvenile to those efforts; and
``(G) the availability of programs designed to
treat any identified behavioral problems of the
juvenile.
``(5) Status of orders.--
``(A) In general.--An order of the court made in
ruling on a motion by a defendant to transfer a
defendant to juvenile status under this subsection
shall not be a final order for the purpose of enabling
an appeal, except that an appeal by the United States
shall lie to a court of appeals pursuant to section
3731 from an order of a district court removing a
defendant to juvenile status.
``(B) Appeals.--Upon receipt of a notice of appeal
of an order under this paragraph, a court of appeals
shall hear and determine the appeal on an expedited
basis.
``(6) Inadmissibility of evidence.--
``(A) In general.--Except as provided in
subparagraph (B), no statement made by a defendant
during or in connection with a hearing under this
subsection shall be admissible against the defendant in
any criminal prosecution.
``(B) Exceptions.--The prohibition under
subparagraph (A) shall not apply, except--
``(i) for impeachment purposes; or
``(ii) in a prosecution for perjury or
giving a false statement.
``(7) Rules.--The rules concerning the receipt and
admissibility of evidence under this subsection shall be the
same as prescribed in section 3142(f).
``(e) Applicable Procedures.--Any prosecution in a district court
of the United States under this section--
``(1) in the case of a juvenile tried as an adult under
subsection (a), shall proceed in the same manner as is required
by this title and by the Federal Rules of Criminal Procedure in
any proceeding against an adult; 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.
``(f) Application of Laws.--
``(1) Applicability of sentencing provisions.--
``(A) In general.--Except as otherwise provided in
this chapter, 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
(including the availability of probation, restitution,
fines, forfeiture, imprisonment, and supervised
release) that would be applicable in the case of an
adult, except that no person shall be subject to the
death penalty for an offense committed before the
person attains the age of 18 years.
``(B) Status as adult.--No juvenile sentenced to a
term of imprisonment shall be released from custody on
the basis that the juvenile has attained the age of 18
years.
``(C) Applicable guidelines.--Each juvenile tried
as an adult shall be sentenced in accordance with the
Federal sentencing guidelines promulgated under section
994(z) of title 28, United States Code, once such
guidelines are promulgated and take effect.
``(2) Applicability of mandatory restitution provisions to
certain juveniles.--If a juvenile is tried as an adult for any
offense to which the mandatory restitution provisions of
sections 3663A, 2248, 2259, 2264, and 2323 apply, those
sections shall apply to that juvenile in the same manner and to
the same extent as those provisions apply to adults.
``(g) Open Proceedings.--
``(1) In general.--Any offense tried or adjudicated in a
district court of the United States under 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.
``(h) Availability of Records.--
``(1) In general.--In making a determination concerning the
arrest or prosecution of a juvenile in a district court of the
United States under this section, the United States Attorney of
the appropriate jurisdiction, or, as appropriate, the Attorney
General, 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 or adjudicated delinquent in an
action under this section, the district court responsible for
imposing sentence shall have complete access to the prior
Federal 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.
``(i) Application to Indian Country.--Notwithstanding sections 1152
and 1153, certification under subparagraph (A) or (B) of subsection
(a)(1) shall not be made nor granted with respect to a juvenile who is
subject to the criminal jurisdiction of an Indian tribal government if
the juvenile is less than 15 years of age at the time of offense and is
alleged to have committed an offense for which there would be Federal
jurisdiction based solely on commission of the offense in Indian
country (as defined in section 1151), unless the governing body of the
tribe having jurisdiction over the place where the alleged offense was
committed has, before the occurrence of the alleged offense, notified
the Attorney General in writing of its election that prosecution as an
adult may take place under this section.''.
(b) Technical and Conforming Amendments.--
(1) Chapter analysis.--The 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.''.
(2) Adult sentencing.--Section 3553 of title 18, United
States Code, is amended by adding at the end the following:
``(g) Limitation on Applicability of Statutory Minimums in Certain
Prosecutions of Persons Younger Than 16.--Notwithstanding any other
provision of law, in the case of a defendant convicted for conduct that
occurred before the juvenile attained the age of 16 years, the court
shall impose a sentence without regard to any statutory minimum
sentence, if the court finds at sentencing, after affording the
Government an opportunity to make a recommendation, that the juvenile
has not been previously adjudicated delinquent for, or convicted of, a
serious violent felony or a serious drug offense (as those terms are
defined in section 3559(c)).
``(h) Treatment of Juvenile Criminal History in Federal
Sentencing.--
``(1) In general.--
``(A) Sentencing guidelines.--Pursuant to its
authority under section 994 of title 28, the United
States Sentencing Commission (referred to in this
subsection as the `Commission') shall amend the Federal
sentencing guidelines to provide that, in determining
the criminal history score under the Federal sentencing
guidelines for any adult offender or any juvenile
offender being sentenced as an adult, prior juvenile
convictions and adjudications for offenses described in
paragraph (2) shall receive a score similar to that
which the defendant would have received if those
offenses had been committed by the defendant as an
adult, if any portion of the sentence for the offense
was imposed or served within 15 years after the
commencement of the instant offense.
``(B) Reviews.--The Commission shall review the
criminal history treatment of juvenile adjudications or
convictions for offenses other than those described in
paragraph (2) to determine whether the treatment should
be adjusted as described in subparagraph (A), and make
any amendments to the Federal sentencing guidelines as
necessary to make whatever adjustments the Commission
concludes are necessary to implement the results of the
review.
``(2) Offenses described.--The offenses described in this
paragraph include any--
``(A) crime of violence;
``(B) controlled substance offense;
``(C) other offense for which the defendant
received a sentence or disposition of imprisonment of 1
year or more; and
``(D) other offense punishable by a term of
imprisonment of more than 1 year for which the
defendant was prosecuted as an adult.
``(3) Definitions.--The Federal sentencing guidelines
described in paragraph (1) shall define the terms `crime of
violence' and `controlled substance offense' in substantially
the same manner as those terms are defined in Guideline Section
4B1.2 of the November 1, 1995, Guidelines Manual.
``(4) Juvenile adjudications.--In carrying out this
subsection, the Commission--
``(A) shall assign criminal history points for
juvenile adjudications based principally on the nature
of the acts committed by the juvenile; and
``(B) may provide for some adjustment of the score
in light of the length of sentence the juvenile
received.
``(5) Emergency authority.--The Commission shall promulgate
the Federal sentencing guidelines and amendments under this
subsection as soon as practicable, and in any event not later
than 90 days after the date of enactment of the Violent and
Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999,
in accordance with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that authority
had not expired, except that the Commission shall submit to Congress
the emergency guidelines or amendments promulgated under this section,
and shall set an effective date for those guidelines or amendments not
earlier than 30 days after their submission to Congress.
``(6) Career offender determination.--Pursuant to its
authority under section 994 of title 28, the Commission shall
amend the Federal sentencing guidelines to provide for
inclusion, in any determination regarding whether a juvenile or
adult defendant is a career offender under section 994(h) of
title 28, and any computation of the sentence that any
defendant found to be a career offender should receive, of any
act for which the defendant was previously convicted or
adjudicated delinquent as a juvenile that would be a felony
covered by that section if it had been committed by the
defendant as an adult.''.
SEC. 4103. DEFINITIONS.
Section 5031 of title 18, United States Code, is amended to read as
follows:
``Sec. 5031. Definitions
``In this chapter:
``(1) Adult inmate.--The term `adult inmate' means an
individual who has attained the age of 18 years and who is in
custody for, awaiting trial on, or convicted of criminal
charges or an act of juvenile delinquency committed while a
juvenile.
``(2) Juvenile.--The term `juvenile' means--
``(A) a person who has not attained the age of 18
years; or
``(B) for the purpose of proceedings and
disposition under this chapter for an alleged act of
juvenile delinquency, a person who has not attained the
age of 21 years.
``(3) Juvenile delinquency.--The term `juvenile
delinquency' means the violation of a law of the United States
committed by a person before the eighteenth birthday of that
person, if the violation--
``(A) would have been a crime if committed by an
adult; or
``(B) is a violation of section 922(x).
``(4) Prohibited physical contact.--
``(A) In general.--The term `prohibited physical
contact' means--
``(i) any physical contact between a
juvenile and an adult inmate; and
``(ii) proximity that provides an
opportunity for physical contact between a
juvenile and an adult inmate.
``(B) Exclusion.--The term does not include
supervised proximity between a juvenile and an adult
inmate that is brief and incidental or accidental.
``(5) Sustained oral communication.--
``(A) In general.--The term `sustained oral
communication' means the imparting or interchange of
speech by or between a juvenile and an adult inmate.
``(B) Exception.--The term does not include--
``(i) communication that is accidental or
incidental; or
``(ii) sounds or noises that cannot
reasonably be considered to be speech.
``(6) State.--The term `State' includes a State of the
United States, the District of Columbia, any commonwealth,
territory, or possession of the United States and, with regard
to an act of juvenile delinquency that would have been a
misdemeanor if committed by an adult, an Indian tribe (as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 4506(e))).
``(7) Violent juvenile.--The term `violent juvenile' means
any juvenile who is alleged to have committed, has been
adjudicated delinquent for, or has been convicted of an offense
that, if committed by an adult, would be a crime of violence
(as defined in section 16).''.
SEC. 4104. NOTIFICATION AFTER ARREST.
Section 5033 of title 18, United States Code, is amended--
(1) in the first sentence, by striking ``immediately notify
the Attorney General and'' and inserting the following:
``immediately, or as soon as practicable thereafter, notify the
United States Attorney of the appropriate jurisdiction and
shall promptly take reasonable steps to notify''; and
(2) in the second sentence of the second undesignated
paragraph, by inserting before the period at the end the
following: ``, and the juvenile shall not be subject to
detention under conditions that permit prohibited physical
contact with adult inmates or in which the juvenile and an
adult inmate can engage in sustained oral communication''.
SEC. 4105. RELEASE AND DETENTION PRIOR TO DISPOSITION.
(a) Duties of Magistrate.--Section 5034 of title 18, United States
Code, is amended--
(1) by striking ``The magistrate shall insure'' and
inserting the following:
``(a) In General.--
``(1) Representation by counsel.--The magistrate shall
ensure'';
(2) by striking ``The magistrate may appoint'' and
inserting the following:
``(2) Guardian ad litem.--The magistrate may appoint'';
(3) by striking ``If the juvenile'' and inserting the
following:
``(b) Release Prior to Disposition.--Except as provided in
subsection (c), if the juvenile''; and
(4) by adding at the end the following:
``(c) Release of Certain Juveniles.--A juvenile who is to be tried
as an adult pursuant to section 5032 shall be released pending trial
only in accordance with the applicable provisions of chapter 207. The
release shall be conducted in the same manner and shall be subject to
the same terms, conditions, and sanctions for violation of a release
condition as provided for an adult under chapter 207.
``(d) Penalty for an Offense Committed While on Release.--
``(1) In general.--A juvenile alleged to have committed,
while on release under this section, an offense that, if
committed by an adult, would be a Federal criminal offense,
shall be subject to prosecution under section 5032.
``(2) Applicability of certain penalties.--Section 3147
shall apply to a juvenile who is to be tried as an adult
pursuant to section 5032 for an offense committed while on
release under this section.''.
(b) 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.--Except as provided in subsection (b), a
juvenile'';
(2) in subsection (a), as redesignated--
(A) in the third sentence, by striking ``regular
contact'' and inserting ``prohibited physical contact
or sustained oral communication''; and
(B) after the fourth sentence, by inserting the
following: ``To the extent practicable, violent
juveniles shall be kept separate from nonviolent
juveniles.''; and
(3) by adding at the end the following:
``(b) Detention of Certain Juveniles.--
``(1) In general.--A juvenile who is to be tried as an
adult pursuant to section 5032 shall be subject to detention in
accordance with chapter 207 in the same manner, to the same
extent, and subject to the same terms and conditions as an
adult would be subject to under that chapter.
``(2) Exception.--A juvenile shall not be detained or
confined in any institution in which the juvenile has
prohibited physical contact or sustained oral communication
with adult inmates. To the extent practicable, violent
juveniles shall be kept separate from nonviolent juveniles.''.
SEC. 4106. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is amended--
(1) by inserting ``who is to be proceeded against as a
juvenile pursuant to section 5032 and'' after ``If an alleged
delinquent'';
(2) by striking ``thirty'' and inserting ``70''; and
(3) by striking ``the court,'' and all that follows through
the end of the section and inserting the following: ``the
court. The periods of exclusion under section 3161(h) shall
apply to this section. In determining whether an information
should be dismissed with or without prejudice, the court shall
consider the seriousness of the alleged act of juvenile
delinquency, the facts and circumstances of the case that led
to the dismissal, and the impact of a reprosecution on the
administration of justice.''.
SEC. 4107. DISPOSITIONAL HEARINGS.
Section 5037 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Dispositional hearing.--
``(A) In general.--In a proceeding under section
5032(a)(1)(D), if the court finds a juvenile to be a
juvenile delinquent, the court shall hold a hearing
concerning the appropriate disposition of the juvenile
not later than 40 court days after the finding of
juvenile delinquency, unless the court has ordered
further study pursuant to subsection (e).
``(B) Predisposition report.--A predisposition
report shall be prepared by the probation officer, who
shall promptly provide a copy to the juvenile, the
juvenile's counsel, and the attorney for the
Government. Victim impact information shall be included
in the predisposition report, and victims or, in
appropriate cases, their official representatives,
shall be provided the opportunity to make a statement
to the court in person or to present any information in
relation to the disposition.
``(2) Actions of court after hearing.--After a
dispositional hearing under paragraph (1), after considering
any pertinent policy statements promulgated by the United
States Sentencing Commission pursuant to section 994 of title
28, and in conformance with the guidelines promulgated by the
United States Sentencing Commission pursuant to section
994(z)(1)(B) of title 28, the court shall--
``(A) place the juvenile on probation or commit the
juvenile to official detention (including the
possibility of a term of supervised release), and
impose any fine that would be authorized if the
juvenile had been tried and convicted as an adult; and
``(B) enter an order of restitution pursuant to
section 3663.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``or supervised release'' after
``probation'';
(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 of probation that would be authorized by section
3561, or beyond the maximum term of supervised release
authorized by section 3583, if the juvenile had been
tried and convicted as an adult. The provisions dealing
with supervised release set forth in section 3583 and
the provisions''; and
(C) in the last sentence, by inserting ``or
supervised release'' after ``on probation''; and
(3) in subsection (c), by striking ``may not extend--'' and
all that follows through ``Section 3624'' and inserting the
following: ``may not extend beyond the earlier of the 26th
birthday of the juvenile or the termination date of the maximum
term of imprisonment, exclusive of any term of supervised
release, 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 attains the age of 18 years. Section 3624''.
SEC. 4108. USE OF JUVENILE RECORDS.
Section 5038 of title 18, United States Code, is amended to read as
follows:
``Sec. 5038. Use of juvenile records
``(a) In General.--Throughout a juvenile delinquency proceeding
under section 5032 or 5037, the records of such proceeding shall be
safeguarded from disclosure to unauthorized persons, and shall only be
released to the extent necessary for purposes of--
``(1) compliance with section 5032(h);
``(2) docketing and processing by the court;
``(3) responding to an inquiry received from another court
of law;
``(4) responding to an inquiry from an agency preparing a
presentence report for another court;
``(5) responding to an inquiry from a law enforcement
agency, if the request for information is related to the
investigation of a crime or a position within that agency or
analysis requested by the Attorney General;
``(6) responding to a written inquiry from the director of
a treatment agency or the director of a facility to which the
juvenile has been committed by the court;
``(7) responding to an inquiry from an agency considering
the person for a position immediately and directly affecting
national security;
``(8) responding to an inquiry from any victim of such
juvenile delinquency or, if the victim is deceased, from a
member of the immediate family of the victim, related to the
final disposition of such juvenile by the court in accordance
with section 5032 or 5037, as applicable; and
``(9) communicating with a victim of such juvenile
delinquency or, in appropriate cases, with the official
representative of a victim, in order to--
``(A) apprise the victim or representative of the
status or disposition of the proceeding;
``(B) effectuate any other provision of law; or
``(C) assist in the allocution at disposition of
the victim or the representative of the victim.
``(b) Records of Adjudication.--
``(1) Transmission to fbi.--Upon an adjudication of
delinquency under section 5032 or 5037, the court shall
transmit to the Director of the Federal Bureau of Investigation
a record of such adjudication.
``(2) Maintaining records.--The Director of the Federal
Bureau of Investigation shall maintain, in the central
repository of the Federal Bureau of Investigation, in
accordance with the established practices and policies relating
to adult criminal history records of the Federal Bureau of
Investigation--
``(A) a fingerprint supported record of the Federal
adjudication of delinquency of any juvenile who commits
an act that, if committed by an adult, would constitute
the offense of murder, armed robbery, rape (except
statutory rape), or a felony offense involving sexual
molestation of a child, or a conspiracy or attempt to
commit any such offense, that is equivalent to, and
maintained and disseminated in the same manner and for
the same purposes, as are adult criminal history
records for the same offenses; and
``(B) a fingerprint supported record of the Federal
adjudication of delinquency of any juvenile who commits
an act that, if committed by an adult, would be any
offense (other than an offense described in
subparagraph (A)) that is equivalent to, and maintained
and disseminated in the same manner, as are adult
criminal history records for the same offenses--
``(i) for use by and within the criminal
justice system for the detection, apprehension,
detention, pretrial release, post-trial
release, prosecution, adjudication, sentencing,
disposition, correctional supervision, or
rehabilitation of an accused person, criminal
offender, or juvenile delinquent; and
``(ii) for purposes of responding to an
inquiry from an agency considering the subject
of the record for a position or clearance
immediately and directly affecting national
security.
``(3) Availability of records to schools in certain
circumstances.--Notwithstanding paragraph (2), the Director of
the Federal Bureau of Investigation shall make an adjudication
record of a juvenile maintained pursuant to subparagraph (A) or
(B) of that paragraph, or conviction record described in
subsection (d), available to an official of an elementary,
secondary, or post-secondary school, in appropriate
circumstances (as defined by and under rules issued by the
Attorney General), if--
``(A) the subject of the record is a student
enrolled at the school, or a juvenile who seeks,
intends, or is instructed to enroll at that school;
``(B) the school official is subject to the same
standards and penalties under applicable Federal and
State law relating to the handling and disclosure of
information contained in juvenile adjudication records
as are employees of law enforcement and juvenile
justice agencies in the State; and
``(C) information contained in the record is not
used for the purpose of making an admission
determination.
``(c) Notification of Rights.--A district court of the United
States that exercises jurisdiction over a juvenile shall notify the
juvenile, and a parent or guardian of the juvenile, in writing, and in
clear and nontechnical language, of the rights of the juvenile relating
to the adjudication record of the juvenile.
``(d) Records of Juveniles Tried as Adults.--In any case in which a
juvenile is tried as an adult in Federal court, the Federal criminal
record of the juvenile shall be made available in the same manner as is
applicable to the records of adult defendants.''.
SEC. 4109. IMPLEMENTATION OF A SENTENCE FOR JUVENILE OFFENDERS.
(a) In General.--Section 5039 of title 18, United States Code, is
amended to read as follows:
``Sec. 5039. Implementation of a sentence
``(a) In General.--Except as otherwise provided in this chapter,
the sentence for a juvenile who is adjudicated delinquent or found
guilty of an offense under any proceeding in a district court of the
United States under section 5032 shall be carried out in the same
manner as for an adult defendant.
``(b) Sentences of Imprisonment, Probation, and Supervised
Release.--Subject to subsection (d), the implementation of a sentence
of imprisonment is governed by subchapter C of chapter 229 and, if the
sentence includes a term of probation or supervised release, by
subchapter A of chapter 229.
``(c) Sentences of Fines and Orders of Restitution; Special
Assessments.--
``(1) In general.--A sentence of a fine, an order of
restitution, or a special assessment under section 3013 shall
be implemented and collected in the same manner as for an adult
defendant.
``(2) Prohibition.--The parent, guardian, or custodian of a
juvenile sentenced to pay a fine or ordered to pay restitution
or a special assessment under section 3013 may not be made
liable for such payment by any court.
``(d) Segregation of Juveniles; Conditions of Confinement.--
``(1) In general.--No juvenile committed for incarceration,
whether pursuant to an adjudication of delinquency or
conviction for an offense, to the custody of the Attorney
General may, before the juvenile attains the age of 18 years,
be placed or retained in any jail or correctional institution
in which the juvenile has prohibited physical contact with
adult inmate or can engage in sustained oral communication with
adult inmates. To the extent practicable, violent juveniles
shall be kept separate from nonviolent juveniles.
``(2) Requirements.--Each juvenile who is committed for
incarceration shall be provided with--
``(A) adequate food, heat, light, sanitary
facilities, bedding, clothing, and recreation; and
``(B) as appropriate, counseling, education,
training, and medical care (including necessary
psychiatric, psychological, or other care or
treatment).
``(3) Commitment to foster home or community-based
facility.--Except in the case of a juvenile who is found guilty
of a violent felony or who is adjudicated delinquent for an
offense that would be a violent felony if the juvenile had been
prosecuted as an adult, the Attorney General shall commit a
juvenile to a foster home or community-based facility located
in or near his home community if that commitment is--
``(A) practicable;
``(B) in the best interest of the juvenile; and
``(C) consistent with the safety of the
community.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
403 of title 18, United States Code, is amended by striking the item
relating to section 5039 and inserting the following:
``5039. Implementation of a sentence.''.
SEC. 4110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE DEFENDANTS.
Section 3401(g) of title 18, United States Code, is amended--
(1) in the second sentence, by inserting after ``magistrate
judge may, in any'' the following: ``class A misdemeanor or
any''; and
(2) in the third sentence, by striking ``, except that no''
and all that follows before the period at the end of the
subsection.
SEC. 4111. FEDERAL SENTENCING GUIDELINES.
(a) Application of Guidelines to Certain Juvenile Defendants.--
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''.
(b) Guidelines for Juvenile Cases.--
(1) In general.--Section 994 of title 28, United States
Code, is amended by adding at the end the following:
``(z) Guidelines for Juvenile Cases.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Violent and Repeat Juvenile Offender
Accountability and Rehabilitation Act of 1999, the Commission,
by affirmative vote of not less than 4 members of the
Commission, and pursuant to its rules and regulations and
consistent with all pertinent provisions of any Federal
statute, shall promulgate and distribute to all courts of the
United States and to the United States Probation System--
``(A) guidelines, as described in this section, for
use by a sentencing court in determining the sentence
to be imposed in a criminal case if the defendant
committed the offense as a juvenile, and is tried as an
adult pursuant to section 5032 of title 18, United
States Code; and
``(B) guidelines, as described in this section, for
use by a court in determining the sentence to be
imposed on a juvenile adjudicated delinquent pursuant
to section 5032 of title 18, United States Code, and
sentenced pursuant to a dispositional hearing under
section 5037 of title 18, United States Code.
``(2) Determinations.--In carrying out this subsection, the
Commission shall make the determinations required by subsection
(a)(1) and promulgate the policy statements and guidelines
required by paragraphs (2) and (3) of subsection (a).
``(3) Considerations.--In addition to any other
considerations required by this section, the Commission, in
promulgating guidelines--
``(A) pursuant to paragraph (1)(A), shall presume
the appropriateness of adult sentencing provisions, but
may make such adjustments to sentence lengths and to
provisions governing downward departures from the
guidelines as reflect the specific interests and
circumstances of juvenile defendants; and
``(B) pursuant to paragraph (1)(B), shall ensure
that the guidelines--
``(i) reflect the broad range of sentencing
options available to the court under section
5037 of title 18, United States Code; and
``(ii) effectuate a policy of an
accountability-based juvenile justice system
that provides substantial and appropriate
sanctions, that are graduated to reflect the
severity or repeated nature of violations, for
each delinquent act, and reflect the specific
interests and circumstances of juvenile
defendants.
``(4) Review period.--The review period specified by
subsection (p) applies to guidelines promulgated pursuant to
this subsection and any amendments to those guidelines.''.
(2) 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''.
SEC. 4112. STUDY AND REPORT ON INDIAN TRIBAL JURISDICTION.
Not later than 18 months after the date of enactment of this Act,
the Attorney General shall conduct a study of the juvenile justice
systems of Indian tribes (as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)))
and shall report to the Chairman and Ranking Member of the Committee on
the Judiciary and the Committee on Indian Affairs of the Senate and the
Chairman and Ranking Member of the Committee on the Judiciary of the
House of Representatives on--
(1) the extent to which tribal governments are equipped to
adjudicate felonies, misdemeanors, and acts of delinquency
committed by juveniles subject to tribal jurisdiction; and
(2) the need for and benefits from expanding the
jurisdiction of tribal courts and the authority to impose the
same sentences that can be imposed by Federal or State courts
on such juveniles.
Subtitle B--Juvenile Crime Control, Accountability, and Delinquency
Prevention
CHAPTER 1--REFORM OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION
ACT OF 1974
SEC. 4201. 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 decade, 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 and 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, or
correct youth offenders.
``(4) The juvenile justice system has proven inadequate to
meet the needs of society and the needs of children who may be
at risk of becoming delinquents are not being met.
``(5) Existing programs and policies have not adequately
responded to the particular threats that drugs, alcohol abuse,
violence, and gangs pose to the youth of the Nation.
``(6) Projected demographic increases in the number of
youth offenders require reexamination of current prosecution
and incarceration policies for serious violent youth offenders
and crime prevention policies.
``(7) State and local communities require assistance to
deal comprehensively with the problems of juvenile delinquency.
``(8) Existing Federal programs have not provided the
States with necessary flexibility, nor have these programs
provided the 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 States and
units of local government, 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) 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 implement quality prevention programs that
work with at-risk juveniles, their families, local public
agencies, and community-based organizations.
``(12) 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 to--
``(1) empower States and communities to develop and
implement comprehensive programs that support families, reduce
risk factors, and prevent serious youth crime and juvenile
delinquency;
``(2) protect the public and to hold juveniles accountable
for their acts;
``(3) encourage and promote, consistent with the ideals of
federalism, the adoption by the States of policies recognizing
the rights of victims in the juvenile justice system, and
ensuring that the victims of violent crimes committed by
juveniles receive the same level of justice as do the victims
of violent crimes committed by adults;
``(4) provide for the thorough and ongoing evaluation of
all federally funded programs addressing juvenile crime and
delinquency;
``(5) 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;
``(6) 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;
``(7) establish a Federal assistance program to deal with
the problems of runaway and homeless youth;
``(8) assist States and units of local government in
improving the administration of justice for juveniles;
``(9) assist the States and units of local government in
reducing the level of youth violence and juvenile delinquency;
``(10) assist States and units of local government in
promoting public safety by supporting juvenile delinquency
prevention and control activities;
``(11) encourage and promote programs designed to keep in
school juvenile delinquents expelled or suspended for
disciplinary reasons;
``(12) assist States and units of local government in
promoting public safety by encouraging accountability for acts
of juvenile delinquency;
``(13) assist States and units of local government 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;
``(14) assist States and units of local government in
promoting public safety by encouraging the identification of
violent and hardcore juveniles;
``(15) assist States and units of local government in
promoting public safety by providing resources to States to
build or expand juvenile detention facilities;
``(16) provide for the evaluation of federally assisted
juvenile crime control programs, and the training necessary for
the establishment and operation of such programs;
``(17) ensure the dissemination of information regarding
juvenile crime control programs by providing a national
clearinghouse; and
``(18) 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 to--
``(1) combat youth violence and to prosecute and punish
effectively violent juvenile offenders;
``(2) enhance efforts to prevent juvenile crime and
delinquency; and
``(3) 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
Prevention, appointed in accordance with section 201.
``(2) Adult inmate.--The term `adult inmate' means an
individual who--
``(A) has reached the age of full criminal
responsibility under applicable State law; and
``(B) has been arrested and is in custody for,
awaiting trial on, or convicted of criminal charges.
``(3) Boot camp.--The term `boot camp' means a residential
facility (excluding a private residence) at which there are
provided--
``(A) a highly regimented schedule of discipline,
physical training, work, drill, and ceremony
characteristic of military basic training;
``(B) regular, remedial, special, and vocational
education; and
``(C) counseling and treatment for substance abuse
and other health and mental health problems.
``(4) Bureau of justice assistance.--The term `Bureau of
Justice Assistance' means the bureau established by section 401
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3741).
``(5) Bureau of justice statistics.--The term `Bureau of
Justice Statistics' means the bureau established by section
302(a) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3732).
``(6) Collocated facilities.--The term `collocated
facilities' means facilities that are located in the same
building, or are part of a related complex of buildings located
on the same grounds.
``(7) Combination.--The term `combination' as applied to
States or units of local government means any grouping or
joining together of such States or units for the purpose of
preparing, developing, or implementing a juvenile crime control
and delinquency prevention plan.
``(8) Community-based.--The term `community-based'
facility, program, or service means a small, open group home or
other suitable place located near the juvenile's home or family
and programs of community supervision and service that maintain
community and consumer participation in the planning operation,
and evaluation of their programs which may include, medical,
educational, vocational, social, and psychological guidance,
training, special education, counseling, alcoholism treatment,
drug treatment, and other rehabilitative services.
``(9) Comprehensive and coordinated system of services.--
The term `comprehensive and coordinated system of services'
means a system that--
``(A) ensures that services and funding for the
prevention and treatment of juvenile delinquency are
consistent with policy goals of preserving families and
providing appropriate services in the least restrictive
environment so as to simultaneously protect juveniles
and maintain public safety;
``(B) identifies, and intervenes early for the
benefit of, young children who are at risk of
developing emotional or behavioral problems because of
physical or mental stress or abuse, and for the benefit
of their families;
``(C) increases interagency collaboration and
family involvement in the prevention and treatment of
juvenile delinquency; and
``(D) encourages private and public partnerships in
the delivery of services for the prevention and
treatment of juvenile delinquency.
``(10) Construction.--The term `construction' means
erection of new buildings or 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).
``(11) Federal juvenile crime control, prevention, and
juvenile offender accountability program.--The term `Federal
juvenile crime control, prevention, and juvenile offender
accountability program' means any Federal program a primary
objective of which is the prevention of juvenile crime or
reduction of the incidence of arrest, the commission of
criminal acts or acts of delinquency, violence, the use of
alcohol or illegal drugs, or the involvement in gangs among
juveniles.
``(12) Gender-specific services.--The term `gender-specific
services' means services designed to address needs unique to
the gender of the individual to whom such services are
provided.
``(13) Graduated sanctions.--The term `graduated sanctions'
means an accountability-based juvenile justice system that
protects the public, and holds juvenile delinquents accountable
for acts of delinquency by providing substantial and
appropriate sanctions that are graduated in such a manner as to
reflect (for each act of delinquency or offense) the severity
or repeated nature of that act or offense.
``(14) Home-based alternative services.--The term `home-
based alternative services' means services provided to a
juvenile in the home of the juvenile as an alternative to
incarcerating the juvenile, and includes home detention.
``(15) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), that is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
``(16) Juvenile.--The term `juvenile' means a person who
has not attained the age of 18 years who is subject to
delinquency proceedings under applicable State law.
``(17) Juvenile population.--The term `juvenile population'
means the population of a State under 18 years of age.
``(18) Jail or lockup for adults.--The term `jail or lockup
for adults' means a locked facility that is used by a State,
unit of local government, or any law enforcement authority to
detain or confine adults--
``(A) pending the filing of a charge of violating a
criminal law;
``(B) awaiting trial on a criminal charge; or
``(C) convicted of violating a criminal law.
``(19) Juvenile delinquency program.--The term `juvenile
delinquency program' means any program or activity related to
juvenile delinquency prevention, control, diversion, treatment,
rehabilitation, planning, education, training, and research,
including--
``(A) drug and alcohol abuse programs;
``(B) the improvement of the juvenile justice
system; and
``(C) any program or activity that is designed to
reduce known risk factors for juvenile delinquent
behavior, by providing activities that build on
protective factors for, and develop competencies in,
juveniles to prevent and reduce the rate of delinquent
juvenile behavior.
``(20) Law enforcement and criminal justice.--The term `law
enforcement and criminal justice' means any activity pertaining
to crime prevention, control, or reduction or the enforcement
of the criminal law, including, but not limited to police
efforts to prevent, control, or reduce crime or to apprehend
criminals, activities of courts having criminal jurisdiction
and related agencies (including prosecutorial and defender
services), activities of corrections, probation, or parole
authorities, and programs relating to the prevention, control,
or reduction of juvenile delinquency or narcotic addiction.
``(21) National institute of justice.--The term `National
Institute of Justice' means the institute established by
section 202(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3721).
``(22) Nonprofit organization.--The term `nonprofit
organization' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from taxation under section 501(a) of the Internal Revenue Code
of 1986.
``(23) Office.--The term `Office' means the Office of
Juvenile Crime Control and Prevention established under section
201.
``(24) Office of justice programs.--The term `Office of
Justice Programs' means the office established by section 101
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3711).
``(25) 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.
``(26) 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.
``(27) Prohibited physical contact.--
``(A) In general.--The term `prohibited physical
contact' means--
``(i) any physical contact between a
juvenile and an adult inmate; and
``(ii) proximity that provides an
opportunity for physical contact between a
juvenile and an adult inmate.
``(B) Exclusion.--The term does not include
supervised proximity between a juvenile and an adult
inmate that is brief and incidental or accidental.
``(28) Related complex of buildings.--The term `related
complex of buildings' means 2 or more buildings that share--
``(A) physical features, such as walls and fences,
or services beyond mechanical services (heating, air
conditioning, water and sewer); or
``(B) the specialized services that are allowable
under section 31.303(e)(3)(i)(C)(3) of title 28, Code
of Federal Regulations, as in effect on December 10,
1996.
``(29) Secure correctional facility.--The term `secure
correctional facility' means any public or private residential
facility that--
``(A) includes construction fixtures designed to
physically restrict the movements and activities of
juveniles or other individuals held in lawful custody
in such facility; and
``(B) is used for the placement, after adjudication
and disposition, of any juvenile who has been
adjudicated as having committed an offense or any other
individual convicted of a criminal offense.
``(30) Secure detention facility.--The term `secure
detention facility' means any public or private residential
facility that--
``(A) includes construction fixtures designed to
physically restrict the movements and activities of
juveniles or other individuals held in lawful custody
in such facility; and
``(B) is used for the temporary placement of any
juvenile who is accused of having committed an offense
or of any other individual accused of having committed
a criminal offense.
``(31) Serious crime.--The term `serious crime' means
criminal homicide, forcible rape or other sex offenses
punishable as a felony, mayhem, kidnapping, aggravated assault,
drug trafficking, robbery, larceny or theft punishable as a
felony, motor vehicle theft, burglary or breaking and entering,
extortion accompanied by threats of violence, and arson
punishable as a felony.
``(32) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(33) 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).
``(34) Sustained oral communication.--
``(A) In general.--The term `sustained oral
communication' means the imparting or interchange of
speech by or between an adult inmate and a juvenile.
``(B) Exception.--The term does not include--
``(i) communication that is accidental or
incidental; or
``(ii) sounds or noises that cannot
reasonably be considered to be speech.
``(35) 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 or reducing their dependence and
susceptibility to addiction or use.
``(36) Unit of local government.--The term `unit of local
government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and raise revenues;
``(C) an Indian tribe that performs law enforcement
functions, as determined by the Secretary of the
Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of
Columbia or the Federal Government that performs law
enforcement functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States.
``(37) Valid court order.--The term `valid court order'
means a court order given by a juvenile court judge to a
juvenile--
``(A) who was brought before the court and made
subject to such order; and
``(B) who received, before the issuance of such
order, the full due process rights guaranteed to such
juvenile by the Constitution of the United States.
``(38) Violent crime.--The term `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible
rape, or robbery; or
``(B) aggravated assault committed with the use of
a firearm.
``(39) 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. 4202. JUVENILE CRIME CONTROL AND PREVENTION.
(a) In General.--Title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended to read as
follows:
``TITLE II--JUVENILE CRIME CONTROL AND PREVENTION
``PART A--OFFICE OF JUVENILE CRIME CONTROL AND PREVENTION
``SEC. 201. ESTABLISHMENT OF OFFICE.
``(a) In General.--There is established in the Department of
Justice, under the general authority of the Attorney General, an Office
of Juvenile Crime Control and Prevention.
``(b) Administrator.--
``(1) In general.--The Office shall be headed by an
Administrator, who shall be appointed by the President, by and
with the advice and consent of the Senate, from among
individuals who have had experience in juvenile delinquency
prevention and crime control programs.
``(2) Regulations.--The Administrator may prescribe
regulations consistent with this Act to award, administer,
modify, extend, terminate, monitor, evaluate, reject, or deny
all grants and contracts from, and applications for, amounts
made available under this title.
``(3) Relationship to attorney general.--The Administrator
shall have the same reporting relationship with the Attorney
General as the directors of other offices and bureaus within
the Office of Justice Programs have with the Attorney General.
``(c) Deputy Administrator.--There shall be in the Office a Deputy
Administrator, who shall be appointed by the Attorney General. The
Deputy Administrator shall perform such functions as the Administrator
may assign or delegate and shall act as the Administrator during the
absence or disability of the Administrator.
``(d) Associate Administrator.--
``(1) In general.--There shall be in the Office an
Associate Administrator, who shall be appointed by the
Administrator, and who shall be treated as a career reserved
position within the meaning of section 3132 of title 5, United
States Code.
``(2) Duties.--The duties of the Associate Administrator
shall include keeping Congress, other Federal agencies, outside
organizations, and State and local government officials
informed about activities carried out by the Office.
``(e) 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 the
Violent and Repeat Juvenile Offender Accountability and
Rehabilitation Act of 1999, 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.
``(f) 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.
``SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS.
``(a) In General.--The Administrator may select, employ, and fix
the compensation of such officers and employees, including attorneys,
as are necessary to perform the functions vested in the Administrator
and to prescribe their functions.
``(b) Officers.--The Administrator may select, appoint, and employ
not to exceed 4 officers and to fix their compensation at rates not to
exceed the maximum rate payable under section 5376 of title 5, United
States Code.
``(c) Detail of Federal Personnel.--Upon the request of the
Administrator, the head of any Federal agency may detail, on a
reimbursable basis, any of its personnel to the Administrator to assist
the Administrator in carrying out the functions of the Administrator
under this title.
``(d) Services.--The Administrator may obtain services as
authorized by section 3109 of title 5, United States Code, at rates not
to exceed the rate now or hereafter payable under section 5376 of title
5, United States Code.
``SEC. 203. VOLUNTARY SERVICE.
``The Administrator may accept and employ, in carrying out the
provisions of this Act, voluntary and uncompensated services
notwithstanding the provisions of section 3679(b) of the Revised
Statutes (31 U.S.C. 665(b)).
``SEC. 204. NATIONAL PROGRAM.
``(a) National Juvenile Crime Control, Prevention, and Juvenile
Offender Accountability Plan.--
``(1) In general.--Subject to the general authority of the
Attorney 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, prevention, and juvenile
offender accountability programs and activities relating to
improving juvenile crime control, the rehabilitation of
juvenile offenders, the prevention of juvenile crime, 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, prevention, 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, the time served by juveniles in
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, preventing
delinquency, 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;
``(iv) the length of time served by
juveniles in custody; and
``(v) the number of juveniles who died or
who suffered serious bodily injury while in
custody and the circumstances under which each
juvenile died or suffered such injury.
``(C) Definition of serious bodily injury.--In this
paragraph, the term `serious bodily injury' means
bodily injury involving extreme physical pain or the
impairment of a function of a bodily member, organ, or
mental faculty that requires medical intervention such
as surgery, hospitalization, or physical
rehabilitation.
``(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 Committee on the Judiciary of the
Senate and the Committee on Education and the Workforce
of 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, prevention, 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, prevention, 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, prevention, and juvenile offender
accountability effort including, in consultation with the
Director of the Office of Management and Budget listing
annually those programs to be considered Federal juvenile crime
control, prevention, and juvenile accountability programs for
the following fiscal year;
``(3) serve as a single point of contact for States, units
of local government, and private entities to apply for and
coordinate the use of and access to all Federal juvenile crime
control, prevention, and juvenile offender accountability
programs;
``(4) provide for the auditing of grants provided pursuant
to this title;
``(5) 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;
``(6) 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;
``(7) 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
``(8) provide technical assistance to the States, units of
local government, and private entities in implementing programs
funded by grants under this title.
``(c) Information, Reports, Studies, and Surveys From Other
Agencies.--The Administrator through the general authority of the
Attorney General, may require, through appropriate authority, Federal
departments and agencies engaged in any activity involving any Federal
juvenile crime control, prevention, 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.
``(d) Utilization of Services and Facilities of Other Agencies;
Reimbursement.--The Administrator, through the general authority of the
Attorney General, 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.
``(e) Coordination of Functions of Administrator and Secretary of
Health and Human Services.--All functions of the Administrator shall be
coordinated as appropriate with the functions of the Secretary of
Health and Human Services under title III.
``(f) Annual Juvenile Delinquency Development Statements.--
``(1) In general.--Each Federal agency that administers a
Federal juvenile crime control, prevention, and juvenile
offender accountability program shall annually submit to the
Administrator a juvenile crime control, prevention, and
juvenile offender accountability development statement.
``(2) Contents.--Each development statement submitted 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, prevention,
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,
prevention, and juvenile offender accountability
development statement transmitted to the Administrator
under paragraph (1).
``(B) Inclusion in other documentation.--The
development statement transmitted under paragraph (1),
together with the comments of the Administrator under
subparagraph (A), shall be--
``(i) included by the Federal agency
involved in every recommendation or request
made by such agency for Federal legislation
that significantly affects juvenile crime
control, prevention, and juvenile offender
accountability; and
``(ii) made available for promulgation to
and use by State and local government
officials, and by nonprofit organizations
involved in delinquency prevention programs.
``(g) Joint Funding.--Notwithstanding any other provision of law,
if funds are made available by more than 1 Federal agency to be used by
any agency, organization, institution, or individual to carry out a
Federal juvenile crime control, prevention, or juvenile offender
accountability program or activity--
``(1) any 1 of the Federal agencies providing funds may be
requested by the Administrator to act for all in administering
the funds advanced; and
``(2) in such a case, a single non-Federal share
requirement may be established according to the proportion of
funds advanced by each Federal agency, and the Administrator
may order any such agency to waive any technical grant or
contract requirement (as defined in those regulations) that is
inconsistent with the similar requirement of the administering
agency or which the administering agency does not impose.
``SEC. 205. JUVENILE DELINQUENCY PREVENTION CHALLENGE GRANT PROGRAM.
``(a) Authority To Make Grants.--The Administrator may make grants
to eligible States in accordance with this part for the purpose of
providing financial assistance to eligible entities to carry out
projects designed to prevent juvenile delinquency, including--
``(1) educational projects or supportive services for
delinquent or other juveniles--
``(A) to encourage juveniles to remain in
elementary and secondary schools or in alternative
learning situations in educational settings;
``(B) to provide services to assist juveniles in
making the transition to the world of work and self-
sufficiency;
``(C) to assist in identifying learning
difficulties (including learning disabilities);
``(D) to prevent unwarranted and arbitrary
suspensions and expulsions;
``(E) to encourage new approaches and techniques
with respect to the prevention of school violence and
vandalism;
``(F) that assist law enforcement personnel and
juvenile justice personnel to more effectively
recognize and provide for learning-disabled and other
disabled juveniles; or
``(G) that develop locally coordinated policies and
programs among education, juvenile justice, and social
service agencies;
``(2) projects that use neighborhood courts or panels that
increase victim satisfaction and require juveniles to make
restitution, or perform community service, for the damage
caused by their delinquent acts;
``(3) projects that provide treatment to juvenile offenders
who are victims of child abuse or neglect, and to their
families, in order to reduce the likelihood that such juvenile
offenders will commit subsequent violations of law;
``(4) projects that expand the use of probation officers--
``(A) particularly for the purpose of permitting
nonviolent juvenile offenders (including status
offenders) to remain at home with their families as an
alternative to incarceration or institutionalization;
and
``(B) to ensure that juveniles follow the terms of
their probation;
``(5) one-on-one mentoring projects that are designed to
link at-risk juveniles and juvenile offenders who did not
commit serious crime, particularly juveniles residing in high-
crime areas and juveniles experiencing educational failure,
with responsible adults (such as law enforcement officers,
adults working with local businesses, and adults working for
community-based organizations and agencies) who are properly
screened and trained;
``(6) community-based projects and services (including
literacy and social service programs) that work with juvenile
offenders, including those from families with limited English-
speaking proficiency, their parents, their siblings, and other
family members during and after incarceration of the juvenile
offenders, in order to strengthen families, to allow juvenile
offenders to remain in their homes, and to prevent the
involvement of other juvenile family members in delinquent
activities;
``(7) projects designed to provide for the treatment of
juveniles for dependence on or abuse of alcohol, drugs, or
other harmful substances, giving priority to juveniles who have
been arrested for an alleged act of juvenile delinquency or
adjudicated delinquent;
``(8) projects that leverage funds to provide scholarships
for postsecondary education and training for low-income
juveniles who reside in neighborhoods with high rates of
poverty, violence, and drug-related crimes;
``(9) projects that provide for initial intake screening,
which may include drug testing, of each juvenile taken into
custody--
``(A) to determine the likelihood that such
juvenile will commit a subsequent offense; and
``(B) to provide appropriate interventions to
prevent such juvenile from committing subsequent
offenses;
``(10) projects (including school- or community-based
projects) that are designed to prevent, and reduce the rate of,
the participation of juveniles in gangs that commit crimes
(particularly violent crimes), that unlawfully use firearms and
other weapons, or that unlawfully traffic in drugs and that
involve, to the extent practicable, families and other
community members (including law enforcement personnel and
members of the business community) in the activities conducted
under such projects;
``(11) comprehensive juvenile justice and delinquency
prevention projects that meet the needs of juveniles through
the collaboration of the many local service systems juveniles
encounter, including schools, courts, law enforcement agencies,
child protection agencies, mental health agencies, welfare
services, health care agencies, and private nonprofit agencies
offering services to juveniles;
``(12) to develop, implement, and support, in conjunction
with public and private agencies, organizations, and
businesses, projects for the employment of juveniles and
referral to job training programs (including referral to
Federal job training programs);
``(13) delinquency prevention activities that involve youth
clubs, sports, recreation and parks, peer counseling and
teaching, the arts, leadership development, community service,
volunteer service, before- and after-school programs, violence
prevention activities, mediation skills training, camping,
environmental education, ethnic or cultural enrichment,
tutoring, and academic enrichment;
``(14) to establish policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;
``(15) family strengthening activities, such as mutual
support groups for parents and their children; and
``(16) other activities that are likely to prevent juvenile
delinquency.
``(b) Eligibility of States.--
``(1) Application.--To be eligible to receive a grant under
subsection (a), a State shall submit to the Administrator an
application that contains the following:
``(A) An assurance that the State will use--
``(i) not more than 5 percent of such
grant, in the aggregate, for--
``(I) the costs incurred by the
State to carry out this part; and
``(II) to evaluate, and provide
technical assistance relating to,
projects and activities carried out
with funds provided under this part;
and
``(ii) the remainder of such grant to make
grants under subsection (c).
``(B) An assurance that, and a detailed description
of how, such grant will support, and not supplant State
and local efforts to prevent juvenile delinquency.
``(C) An assurance that such application was
prepared after consultation with and participation by--
``(i) community-based organizations that
carry out programs, projects, or activities to
prevent juvenile delinquency; and
``(ii) police, sheriff, prosecutors, State
or local probation services, juvenile courts,
schools, businesses, and religious affiliated
fraternal, nonprofit, and social service
organizations involved in crime prevention.
``(D) An assurance that each eligible entity
described in subsection (c)(1) that receives an initial
grant under subsection (c) to carry out a project or
activity shall also receive an assurance from the State
that such entity will receive from the State, for the
subsequent fiscal year to carry out such project or
activity, a grant under such section in an amount that
is proportional, based on such initial grant and on the
amount of the grant received under subsection (a) by
the State for such subsequent fiscal year, but that
does not exceed the amount specified for such
subsequent fiscal year in such application as approved
by the State.
``(E) An assurance that each eligible entity
described in subsection (c)(1) that receives a grant to
carry out a project or activity under subsection (c)
has agreed to provide a 50 percent match of the amount
of the grant, including the value of in-kind
contributions to fund the project or activity, except
that the Administrator may for good cause reduce the
matching requirement to 33\1/3\ percent for
economically disadvantaged communities.
``(F) An assurance that projects or activities
funded by a grant under subsection (a) shall be carried
out through or in coordination with a court with a
juvenile crime or delinquency docket.
``(G) Such other information as the Administrator
may reasonably require by rule.
``(2) Approval of applications.--
``(A) Approval required.--Subject to subparagraph
(A), the Administrator shall approve an application,
and amendments to such application submitted in
subsequent fiscal years, that satisfy the requirements
of paragraph (1).
``(B) Limitation.--The Administrator may not
approve such application (including amendments to such
application) for a fiscal year unless--
``(i)(I) the State submitted a plan under
section 222 for such fiscal year; and
``(II) such plan is approved by the
Administrator for such fiscal year; or
``(ii) the Administrator waives the
application of clause (i) to such State for
such fiscal year, after finding good cause for
such a waiver.
``(c) Grants for Local Projects.--
``(1) Selection from among applications.--
``(A) In general.--Using a grant received under
subsection (a), a State may make grants to eligible
entities whose applications are received by the State
in accordance with paragraph (2) to carry out projects
and activities described in subsection (a).
``(B) Special consideration.--For purposes of
making such grants, the State shall give special
consideration to eligible entities that--
``(i) propose to carry out such projects in
geographical areas in which there is--
``(I) a disproportionately high
level of serious crime committed by
juveniles; or
``(II) a recent rapid increase in
the number of nonstatus offenses
committed by juveniles;
``(ii)(I) agree to carry out such projects
or activities that are multidisciplinary and
involve 2 or more eligible entities; or
``(II) represent communities that have a
comprehensive plan designed to identify at-risk
juveniles and to prevent or reduce the rate of
juvenile delinquency, and that involve other
entities operated by individuals who have a
demonstrated history of involvement in
activities designed to prevent juvenile
delinquency; and
``(iii) state the amount of resources (in
cash or in kind) such entities will provide to
carry out such projects and activities.
``(2) Receipt of applications.--
``(A) In general.--Subject to subparagraph (B), a
unit of local government shall submit to the State
simultaneously all applications that are--
``(i) timely received by such unit from
eligible entities; and
``(ii) determined by such unit to be
consistent with a current plan formulated by
such unit for the purpose of preventing, and
reducing the rate of, juvenile delinquency in
the geographical area under the jurisdiction of
such unit.
``(B) Direct submission.--If an application
submitted to such unit by an eligible entity satisfies
the requirements specified in clauses (i) and (ii) of
subparagraph (A), such entity may submit such
application directly to the State.
``(d) Eligibility of Entities.--
``(1) Eligibility.--Subject to paragraph (2) and except as
provided in paragraph (3), to be eligible to receive a grant
under subsection (c), a community-based organization, local
juvenile justice system officials (including prosecutors,
police officers, judges, probation officers, parole officers,
and public defenders), local education authority (as defined in
section 14101 of the Elementary and Secondary Education Act of
1965 and including a school within such authority), nonprofit
private organization (including a faith-based organization),
unit of local government, or social service provider, and or
other entity with a demonstrated history of involvement in the
prevention of juvenile delinquency, shall submit to a unit of
local government an application that contains the following:
``(A) An assurance that such applicant will use
such grant, and each such grant received for the
subsequent fiscal year, to carry out throughout a 2-
year period a project or activity described in
reasonable detail, and of a kind described in 1 or more
of paragraphs (1) through (14) of subsection (a) as
specified in, such application.
``(B) A statement of the particular goals such
project or activity is designed to achieve, and the
methods such entity will use to achieve, and assess the
achievement of, each of such goals.
``(C) A statement identifying the research (if any)
such entity relied on in preparing such application.
``(2) Review and submission of applications.--Except as
provided in paragraph (3), an entity shall not be eligible to
receive a grant under subsection (c) unless--
``(A) such entity submits to a unit of local
government an application that--
``(i) satisfies the requirements specified
in subsection (a); and
``(ii) describes a project or activity to
be carried out in the geographical area under
the jurisdiction of such unit; and
``(B) such unit determines that such project or
activity is consistent with a current plan formulated
by such unit for the purpose of preventing, and
reducing the rate of, juvenile delinquency in the
geographical area under the jurisdiction of such unit.
``(3) Limitation.--If an entity that receives a grant under
subsection (c) to carry out a project or activity for a 2-year
period, and receives technical assistance from the State or the
Administrator after requesting such technical assistance (if
any), fails to demonstrate, before the expiration of such 2-
year period, that such project or such activity has achieved
substantial success in achieving the goals specified in the
application submitted by such entity to receive such grants,
then such entity shall not be eligible to receive any
subsequent grant under such section to continue to carry out such
project or activity.
``(e) Reporting Requirement.--Not later than 180 days after the
last day of each fiscal year, the Administrator shall submit to the
Chairman of the Committee on Education and the Workforce of the House
of Representatives and the Chairman of the Committee on the Judiciary
of the Senate a report, which shall--
``(1) describe activities and accomplishments of grant
activities funded under this section;
``(2) describe procedures followed to disseminate grant
activity products and research findings;
``(3) describe activities conducted to develop policy and
to coordinate Federal agency and interagency efforts related to
delinquency prevention;
``(4) identify successful approaches and making the
recommendations for future activities to be conducted under
this section; and
``(5) describe, on a State-by-State basis, the total amount
of matching contributions made by States and eligible entities
for activities funded under this section.
``(f) Research and Evaluation.--
``(1) In general.--Except as provided in paragraph (2), of
the amount made available to carry out this section in each
fiscal year, the Administrator shall use the lesser of 5
percent or $5,000,000 for research, statistics, and evaluation
activities carried out in conjunction with the grant programs
under this section.
``(2) Exception.--No amount shall be available as provided
in paragraph (1) for a fiscal year, if amounts are made
available for that fiscal year for the National Institute of
Justice for evaluation research of juvenile delinquency
programs pursuant to subsection (b)(6) or (c)(6) of section
313.
``SEC. 206. GRANTS TO INDIAN TRIBES.
``(a) In General.--From the amount reserved under section 207(b) in
each fiscal year, the Administrator shall make grants to Indian tribes
for programs pursuant to the permissible purposes under section 205 and
part B.
``(b) Applications.--
``(1) In general.--To be eligible to receive a grant under
this section, an Indian tribe shall submit to the Administrator
an application in such form and containing such information as
the Administrator may by regulation require.
``(2) Plans.--Each application submitted under paragraph
(1) shall include a plan for conducting projects described in
section 205(a), which plan shall--
``(A) provide evidence that the Indian tribe
performs law enforcement functions (as determined by
the Secretary of the Interior);
``(B) identify the juvenile justice and delinquency
problems and juvenile delinquency prevention needs to
be addressed by activities conducted by the Indian
tribe in the area under the jurisdiction of the Indian
tribe with assistance provided by the grant;
``(C) provide for fiscal control and accounting
procedures that--
``(i) are necessary to ensure the prudent
use, proper disbursement, and accounting of
funds received under this section; and
``(ii) are consistent with the requirements
of subparagraph (B); and
``(D) comply with the requirements of section
222(a) (except that such subsection relates to
consultation with a State advisory group) and with the
requirements of section 222(c); and
``(E) contain such other information, and be
subject to such additional requirements, as the
Administrator may reasonably prescribe to ensure the
effectiveness of the grant program under this section.
``(c) Factors for Consideration.--In awarding grants under this
section, the Administrator shall consider--
``(1) the resources that are available to each applicant
that will assist, and be coordinated with, the overall juvenile
justice system of the Indian tribe; and
``(2) for each Indian tribe that receives assistance under
such a grant--
``(A) the relative juvenile population; and
``(B) who will be served by the assistance provided
by the grant.
``(d) Grant Awards.--
``(1) In general.--
``(A) Competitive awards.--Except as provided in
paragraph (2), the Administrator shall annually award
grants under this section on a competitive basis. The
Administrator shall enter into a grant agreement with
each grant recipient under this section that specifies
the terms and conditions of the grant.
``(B) Period of grant.--The period of each grant
awarded under this section shall be 2 years.
``(2) Exception.--In any case in which the Administrator
determines that a grant recipient under this section has
performed satisfactorily during the preceding year in
accordance with an applicable grant agreement, the
Administrator may--
``(A) waive the requirement that the recipient be
subject to the competitive award process described in
paragraph (1)(A); and
``(B) renew the grant for an additional grant
period (as specified in paragraph (1)(B)).
``(3) Modifications of processes.--The Administrator may
prescribe requirements to provide for appropriate modifications
to the plan preparation and application process specified in
subsection (b) for an application for a renewal grant under
paragraph (2)(B).
``(e) Reporting Requirement.--Each Indian tribe that receives a
grant under this section shall be subject to the fiscal accountability
provisions of section 5(f)(1) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the
submission of a single-agency audit report required by chapter 75 of
title 31, United States Code.
``(f) Matching Requirement.--Funds appropriated by Congress for the
activities of any agency of an Indian tribal government or the Bureau
of Indian Affairs performing law enforcement functions on any Indian
lands may be used to provide the non-Federal share of any program or
project with a matching requirement funded under this section.
``(g) Rule of Construction.--Nothing in this section may be
construed to affect in any manner the jurisdiction of an Indian tribe
with respect to land or persons in the State of Alaska.
``(h) Technical Assistance.--From the amount reserved under section
207(b) in each fiscal year, the Administrator may reserve 1 percent for
the purpose of providing technical assistance to recipients of grants
under this section.
``SEC. 207. ALLOCATION OF GRANTS.
``(a) In General.--Subject to subsections (b), (c), and (d), the
amount allocated under section 291 to carry out section 205 in each
fiscal year shall be allocated to the States as follows:
``(1) 0.5 percent shall be allocated to each eligible
State.
``(2) The amount remaining after the allocation under
subparagraph (A) shall be allocated among eligible States as
follows:
``(A) 50 percent of such amount shall be allocated
proportionately based on the juvenile population in the
eligible States.
``(B) 50 percent of such amount shall be allocated
proportionately based on the annual average number of
arrests for serious crimes committed in the eligible
States by juveniles during the then most recently
completed period of 3 consecutive calendar years for
which sufficient information is available to the
Administrator.
``(b) Reservation of Funds.--Notwithstanding any other provision of
law, from the amounts allocated under section 291 to carry out section
205 and part B in each fiscal year, the Administrator shall reserve an
amount equal to the amount to which all Indian tribes that qualify for
a grant under section 206 would collectively be entitled, if such
tribes were collectively treated as a State for purposes of subsection
(a).
``(c) Exception.--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.
``(d) Administrative Costs.--A State, unit of local government, or
eligible unit that receives funds under this part may not use more than
5 percent of those funds to pay for administrative costs.
``PART B--FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS
``SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.
``(a) In General.--The Administrator may make grants to States and
units of local government, or combinations thereof, 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 education,
training, research, prevention, diversion, treatment, and
rehabilitation programs in the area of juvenile delinquency and
programs to improve the juvenile justice system.
``(b) Training and Technical Assistance.--
``(1) In general.--With not to exceed 2 percent of the
funds available in a fiscal year to carry out this part, the
Administrator shall make grants to and enter into contracts
with public and private agencies, organizations, and
individuals to provide training and technical assistance to
States, units of local governments (and combinations thereof),
and local private agencies to facilitate compliance with
section 222 and implementation of the State plan approved under
section 222(c).
``(2) Eligible recipients.--Grants may be made and
contracts may be entered into under paragraph (1) only to
public and private agencies, organizations, and individuals
that have experience in providing such training and technical
assistance. In providing such training and technical
assistance, the recipient of a grant or contract under this
subsection shall coordinate its activities with the State
agency described in section 222(a)(1).
``SEC. 222. STATE PLANS.
``(a) In General.--In order to receive formula grants under this
part, a State shall submit a plan, developed in consultation with the
State Advisory Group established by the State under subsection
(b)(2)(A), for carrying out its purposes applicable to a 3-year period.
The State shall submit annual performance reports to the Administrator,
each of which shall describe progress in implementing programs
contained in the original plan, and amendments necessary to update the
plan, and shall describe the status of compliance with State plan
requirements. In accordance with regulations that 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 local government, or combinations
thereof, in the development of a State plan that adequately
takes into account the needs and requests of units of local
government, 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) to the extent feasible and consistent with paragraph
(5), provide for an equitable distribution of the assistance
received with the State, including rural areas;
``(5) require that the State or unit of local government
that is a recipient of amounts under this part distributes
those amounts intended to be used for the prevention of
juvenile delinquency and reduction of incarceration, to the
extent feasible, in proportion to the amount of juvenile crime
committed within those regions and communities;
``(6) provide assurances that youth coming into contact
with the juvenile justice system are treated equitably on the
basis of gender, race, family income, and disability;
``(7)(A) provide for--
``(i) an analysis of juvenile crime and delinquency
problems (including the joining of gangs that commit
crimes) and juvenile justice and delinquency prevention
needs (including educational needs) of the State
(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
State;
``(ii) an indication of the manner in which the
programs relate to other similar State or local
programs that 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
crime control, prevention, and delinquency programs
with respect to overall policy and development of
objectives and priorities for all State juvenile crime
control and 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) a plan for providing needed gender-specific
services for the prevention and treatment of juvenile
delinquency;
``(ii) a plan for providing needed services for the
prevention and treatment of juvenile delinquency in
rural areas; and
``(iii) a plan for providing needed mental health
services to juveniles in the juvenile justice system;
``(8) provide for the coordination and maximum utilization
of existing juvenile delinquency programs, programs operated by
public and private agencies and organizations, and other
related programs (such as education, special education,
recreation, health, and welfare programs) in the State;
``(9) provide for the development of an adequate research,
training, and evaluation capacity within the State;
``(10) provide that not less than 75 percent of the funds
available to the State under section 221, other than funds made
available to the State advisory group under this section,
whether expended directly by the State, by the unit of 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, including--
``(i) for youth who need temporary
placement: crisis intervention, shelter, and
after-care; and
``(ii) 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) programs that assist in holding juveniles
accountable for their actions, including the use of
graduated sanctions and of neighborhood courts or
panels that increase victim satisfaction and require
juveniles to make restitution for the damage caused by
their delinquent behavior;
``(C) comprehensive juvenile crime control 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) programs that provide treatment to juvenile
offenders who are victims of child abuse or neglect,
and to their families, in order to reduce the
likelihood that such juvenile offenders will commit
subsequent violations of law;
``(E) educational programs or supportive services
for delinquent or other juveniles--
``(i) to encourage juveniles to remain in
elementary and secondary schools or in
alternative learning situations;
``(ii) to provide services to assist
juveniles in making the transition to the world
of work and self-sufficiency; and
``(iii) 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) expanding the use of probation officers--
``(i) particularly for the purpose of
permitting nonviolent juvenile offenders
(including status offenders) to remain at home
with their families as an alternative to
incarceration or institutionalization; and
``(ii) to ensure that juveniles follow the
terms of their probation;
``(G) one-on-one mentoring programs that are
designed to link at-risk juveniles and juvenile
offenders, particularly juveniles residing in high-
crime areas and juveniles experiencing educational
failure, with responsible adults (such as law
enforcement officers, adults working with local
businesses, and adults working with community-based
organizations and agencies) who are properly screened
and trained;
``(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
juveniles with disabilities;
``(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) boot camps for juvenile offenders;
``(L) community-based programs and services to work
with juveniles, their parents, and other family members
during and after incarceration in order to strengthen
families so that such juveniles may be retained in
their homes;
``(M) other activities (such as court-appointed
advocates) that the State determines will hold
juveniles accountable for their acts and decrease
juvenile involvement in delinquent activities;
``(N) establishing policies and systems to
incorporate relevant child protective services records
into juvenile justice records for purposes of
establishing treatment plans for juvenile offenders;
``(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
other barriers that may prevent the complete treatment
of such juveniles and the preservation of their
families;
``(P) programs that utilize multidisciplinary
interagency case management and information sharing,
that enable the juvenile justice and law enforcement
agencies, schools, and social service agencies to make
more informed decisions regarding early identification,
control, supervision, and treatment of juveniles who
repeatedly commit violent or serious delinquent acts;
and
``(Q) programs designed to prevent and reduce hate
crimes committed by juveniles;
``(11) shall provide that--
``(A) juveniles who are charged with or who have
committed an offense that would not be criminal if
committed by an adult, excluding--
``(i) juveniles who are charged with or who
have committed a violation of section 922(x)(2)
of title 18, United States Code, or of a
similar State law;
``(ii) juveniles who are charged with or
who have committed a violation of a valid court
order; and
``(iii) juveniles who are held in
accordance with the Interstate Compact on
Juveniles as enacted by the State;
shall not be placed in secure detention facilities or
secure correctional facilities; and
``(B) juveniles--
``(i) who are not charged with any offense;
and
``(ii) who are--
``(I) aliens; or
``(II) alleged to be dependent,
neglected, or abused;
shall not be placed in secure detention facilities or
secure correctional facilities;
``(12) provide that--
``(A) juveniles alleged to be or found to be
delinquent or juveniles within the purview of paragraph
(11) will not be detained or confined in any
institution in which they have prohibited physical
contact or sustained oral communication with adult
inmates; and
``(B) there is in effect in the State a policy that
requires individuals who work with both such juveniles
and such adult inmates in collocated facilities have
been trained and certified to work with juveniles;
``(13) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
``(A) juveniles who are accused of nonstatus
offenses and who are detained in such jail or lockup
for a period not to exceed 6 hours--
``(i) for processing or release;
``(ii) while awaiting transfer to a
juvenile facility; or
``(iii) in which period such juveniles make
a court appearance;
``(B) juveniles who are accused of nonstatus
offenses, who are awaiting an initial court appearance
that will occur within 48 hours after being taken into
custody (excluding Saturdays, Sundays, and legal
holidays), and who are detained or confined in a jail
or lockup--
``(i) in which--
``(I) such juveniles do not have
prohibited physical contact or
sustained oral communication with adult
inmates; and
``(II) there is in effect in the
State a policy that requires
individuals who work with both such
juveniles and such adult inmates in
collocated facilities have been trained
and certified to work with juveniles;
and
``(ii) that--
``(I) is located outside a
metropolitan statistical area (as
defined by the Office of Management and
Budget);
``(II) has no existing acceptable
alternative placement available;
``(III) is located where conditions
of distance to be traveled or the lack
of highway, road, or transportation do
not allow for court appearances within
48 hours (excluding Saturdays, Sundays,
and legal holidays) so that a brief
(not to exceed an additional 48 hours)
delay is excusable; or
``(IV) is located where conditions
of safety exist (such as severe
adverse, life-threatening weather
conditions that do not allow for
reasonably safe travel), in which case
the time for an appearance may be
delayed until 24 hours after the time
that such conditions allow for
reasonable safe travel;
``(C) juveniles who are accused of nonstatus
offenses and who are detained or confined in a jail or
lockup that satisfies the requirements of subparagraph
(B)(i) if--
``(i) such jail or lockup--
``(I) is located outside a
metropolitan statistical area (as
defined by the Office of Management and
Budget); and
``(II) has no existing acceptable
alternative placement available;
``(ii) a parent or other legal guardian (or
guardian ad litem) of the juvenile involved
consents to detaining or confining such
juvenile in accordance with this subparagraph;
``(iii) the juvenile has counsel, and the
counsel representing such juvenile has an
opportunity to present the juvenile's position
regarding the detention or confinement involved
to the court before the court approves such
detention or confinement; and
``(iv) detaining or confining such juvenile
in accordance with this subparagraph is--
``(I) approved in advance by a
court with competent jurisdiction;
``(II) required to be reviewed
periodically, at intervals of not more
than 5 days (excluding Saturdays,
Sundays, and legal holidays), by such
court for the duration of detention or
confinement; and
``(III) for a period preceding the
sentencing (if any) of such juvenile;
``(14) provide assurances 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);
``(15) 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;
``(16) 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;
``(17) 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;
``(18) provide that the State agency designated under
paragraph (1) will, 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, that the agency considers
necessary;
``(19) provide assurances that the State or each unit of
local government that is a recipient of amounts under this part
require that any person convicted of a sexual act or sexual
contact involving any other person who has not attained the age
of 18 years, and who is not less than 4 years younger than such
convicted person, be tested for the presence of any sexually
transmitted disease and that the results of such test be
provided to the victim or to the family of the victim as well
as to any court or other government agency with primary
authority for sentencing the person convicted for the
commission of the sexual act or sexual contact (as those terms
are defined in paragraphs (2) and (3), respectively, of section
2246 of title 18, United States Code) involving a person not
having attained the age of 18 years;
``(20) provide that if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(A) an appropriate public agency shall be
promptly notified that such juvenile is held in custody
for violating such order;
``(B) not later than 24 hours during which such
juvenile is so held, an authorized representative of
such agency shall interview, in person, such juvenile;
and
``(C) not later than 48 hours during which such
juvenile is so held--
``(i) such representative shall submit an
assessment to the court that issued such order,
regarding the immediate needs of such juvenile;
and
``(ii) such court shall conduct a hearing
to determine--
``(I) whether there is reasonable
cause to believe that such juvenile
violated such order; and
``(II) the appropriate placement of
such juvenile pending disposition of
the violation alleged;
``(21) specify a percentage (if any), not to exceed 5
percent, of funds received by the State under section 221 that
the State will reserve for expenditure by the State to provide
incentive grants to units of local government that reduce the
case load of probation officers within such units;
``(22) provide that the State, to the maximum extent
practicable, will implement a system to ensure that if a
juvenile is before a court in the juvenile justice system,
public child welfare records (including child protective
services records) relating to such juvenile that are on file in
the geographical area under the jurisdiction of such court will
be made known to such court;
``(23) unless the provisions of this paragraph are waived
at the discretion of the Administrator for any State in which
the services for delinquent or other youth are organized
primarily on a statewide basis, provide that at least 50
percent of funds received by the State under this section,
other than funds made available to the State advisory group,
shall be expended--
``(A) through programs of units of general local
government or combinations thereof, to the extent such
programs are consistent with the State plan; and
``(B) through programs of local private agencies,
to the extent such programs are consistent with the
State plan, except that direct funding of any local
private agency by a State shall be permitted only if
such agency requests such funding after it has applied
for and been denied funding by any unit of general
local government or combination thereof; and
``(24) to the extent that segments of the juvenile
population are shown to be detained or confined in secure
detention facilities, secure correctional facilities, jails,
and lockups, to a greater extent than the proportion of these
groups in the general juvenile population, address prevention
efforts designed to reduce such disproportionate confinement,
without requiring the release or the failure to detain any
individual.
``(b) Approval by State Agency.--
``(1) State agency.--The State agency designated under
subsection (a)(1) shall approve the State plan and any
modification thereof prior to submission of the plan to the
Administrator.
``(2) State advisory group.--
``(A) Establishment.--The State advisory group
referred to in subsection (a) shall be known as the
`State Advisory Group', consisting of representatives
from both the private and public sector, each of whom
shall be appointed for a term of not more than 6 years.
The State shall ensure that members of the State
Advisory Group shall have experience in the area of
juvenile delinquency prevention, the prosecution of
juvenile offenders, the treatment of juvenile
delinquency, the investigation of juvenile crimes, or
the administration of juvenile justice programs, and
shall include not less than 1 prosecutor and not less
than 1 judge from a court with a juvenile crime or
delinquency docket. The chairperson of the State
Advisory Group shall not be a full-time employee of the
Federal Government or the State government.
``(B) Consultation.--
``(i) In general.--The State shall consult
with the State Advisory Group established under
subparagraph (A) in developing and reviewing
the State plan under this section.
``(ii) Authority.--The State Advisory Group
shall report to the chief executive officer and
the legislature of the State on an annual basis
regarding recommendations related to the
State's compliance under this section.
``(C) Funding.--From amounts reserved for
administrative costs, the State may make available to
the State Advisory Group such sums as may be necessary
to assist the State Advisory Group in adequately
performing its duties under this paragraph.
``(c) Compliance With Statutory Requirements.--
``(1) In general.--If a State fails to comply with any of
the applicable requirements of paragraph (11), (12), (13), or
(24) of subsection (a) in any fiscal year beginning after
September 30, 1999, the amount allocated to such State for the
subsequent fiscal year shall be reduced by not to exceed 12.5
percent for each such paragraph with respect to which the
failure occurs, unless the Administrator determines that the
State--
``(A) has achieved substantial compliance with such
applicable requirements with respect to which the State
was not in compliance; and
``(B) has made, through appropriate executive or
legislative action, an unequivocal commitment to
achieving full compliance with such applicable
requirements within a reasonable time.
``(2) Waiver.--The Administrator may, upon request by a
State showing good cause, waive the application of this
subsection with respect to such State.
``SEC. 223. ALLOCATION OF GRANTS.
``(a) In General.--Subject to subsections (b), (c), and (d), the
amount allocated under section 291 to carry out this part in each
fiscal year that remains after reservation under section 207(b) for
that fiscal year shall be allocated to the States as follows:
``(1) 0.5 percent shall be allocated to each eligible
State.
``(2) The amount remaining after the allocation under
clause (i) shall be allocated proportionately based on the
juvenile population in the eligible States.
``(b) System Support Grants.--Of the amount allocated under section
291 to carry out this part in each fiscal year that remains after
reservation under section 207(b) for that fiscal year, up to 10 percent
may be available for use by the Administrator to provide--
``(1) training and technical assistance consistent with the
purposes authorized under sections 204, 205, and 221;
``(2) direct grant awards and other support to develop,
test, and demonstrate new approaches to improving the juvenile
justice system and reducing, preventing, and abating delinquent
behavior, juvenile crime, and youth violence;
``(3) for research and evaluation efforts to discover and
test methods and practices to improve the juvenile justice
system and reduce, prevent, and abate delinquent behavior,
juvenile crime, and youth violence; and
``(4) information, including information on best practices,
consistent with purposes authorized under sections 204, 205,
and 221.
``(c) Exception.--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.
``(d) Administrative Costs.--A State, unit of local government, or
eligible unit that receives funds under this part may not use more than
5 percent of those funds to pay for administrative costs.
``PART C--NATIONAL PROGRAMS
``SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR JUVENILE CRIME
CONTROL AND DELINQUENCY PREVENTION.
``(a) In General.--There is established within the National
Institute of Justice a National Institute for Juvenile Crime Control
and Delinquency Prevention, the purpose of which shall be to provide--
``(1) a coordinating center for the collection,
preparation, and dissemination of useful data regarding the
prevention, treatment, and control of juvenile delinquency;
``(2) through the National Institute of Justice, for the
rigorous and independent evaluation of the delinquency and
youth violence prevention programs funded under this title;
``(3) funding for new research, through the National
Institute of Justice, on the nature, causes, and prevention of
juvenile violence and juvenile delinquency; and
``(4) appropriate training (including training designed to
strengthen and maintain the family unit) for representatives of
Federal, State, local law enforcement officers, teachers and
special education personnel, recreation and park personnel,
family counselors, child welfare workers, juvenile judges and
judicial personnel, probation personnel, prosecutors and
defense attorneys, correctional personnel (including volunteer
lay personnel), persons associated with law-related education,
youth workers, and representatives of private agencies and
organizations with specific experience in the prevention,
treatment, and control of juvenile delinquency.
``(b) Administration.--The National Institute for Juvenile Crime
Control and Delinquency Prevention shall be under the supervision and
direction of the Director of the National Institute of Justice
(referred to in this part as the `Director'), in consultation with the
Administrator.
``(c) Coordination.--The activities of the National Institute for
Juvenile Crime Control and Delinquency Prevention shall be coordinated
with the activities of the National Institute of Justice.
``(d) Duties of the Institute.--
``(1) In general.--The Administrator shall transfer
appropriated amounts to the National Institute of Justice, or
to other Federal agencies, for the purposes of new research and
evaluation projects funded by the National Institute for
Juvenile Crime Control and Delinquency Prevention, and for
evaluation of discretionary programs of the Office of Juvenile
Crime Control and Prevention.
``(2) Requirements.--Each evaluation and research study
funded with amounts transferred under paragraph (1) shall--
``(A) be independent in nature;
``(B) be awarded competitively; and
``(C) employ rigorous and scientifically recognized
standards and methodologies, including peer review by
nonapplicants.
``(e) Powers of the Institute.--In addition to the other powers,
express and implied, the National Institute for Juvenile Crime Control
and Delinquency Prevention may--
``(1) request any Federal agency to supply such statistics,
data, program reports, and other material as the National
Institute for Juvenile Crime Control and Delinquency Prevention
deems necessary to carry out its functions;
``(2) arrange with and reimburse the heads of Federal
agencies for the use of personnel or facilities or equipment of
such agencies;
``(3) confer with and avail itself of the cooperation,
services, records, and facilities of State, municipal, or other
public or private local agencies;
``(4) make grants and enter into contracts with public or
private agencies, organizations, or individuals for the partial
performance of any functions of the National Institute for
Juvenile Crime Control and Delinquency Prevention; and
``(5) compensate consultants and members of technical
advisory councils who are not in the regular full-time employ
of the United States, at a rate now or hereafter payable under
section 5376 of title 5, United States Code, and while away
from home, or regular place of business, they may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
persons in the Government service employed intermittently.
``(f) Information From Federal Agencies.--A Federal agency that
receives a request from the National Institute for Juvenile Crime
Control and Delinquency Prevention under subsection (e)(1) may
cooperate with the National Institute for Juvenile Crime Control and
Delinquency Prevention and shall, to the maximum extent practicable,
consult with and furnish information and advice to the National
Institute for Juvenile Crime Control and Delinquency Prevention.
``SEC. 242. INFORMATION FUNCTION.
``The Administrator, acting through the National Institute for
Juvenile Crime Control and Delinquency Prevention, as appropriate,
shall--
``(1) on a continuing basis, review reports, data, and
standards relating to the juvenile justice system in the United
States;
``(2) serve as an information bank by collecting
systematically and synthesizing the data and knowledge obtained
from studies and research by public and private agencies,
institutions, or individuals concerning all aspects of juvenile
delinquency, including the prevention and treatment of juvenile
delinquency; and
``(3) serve as a clearinghouse and information center for
the preparation, publication, and dissemination of all
information regarding juvenile delinquency, including State and
local juvenile delinquency prevention and treatment programs
(including drug and alcohol programs and gender-specific
programs) and plans, availability of resources, training and
educational programs, statistics, and other pertinent data and
information.
``SEC. 243. RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS.
``(a) In General.--The Administrator, acting through the National
Institute for Juvenile Crime Control and Delinquency Prevention, as
appropriate, may--
``(1) conduct, encourage, and coordinate research and
evaluation into any aspect of juvenile delinquency,
particularly with regard to new programs and methods that show
promise of making a contribution toward the prevention and
treatment of juvenile delinquency;
``(2) encourage the development of demonstration projects
in new, innovative techniques and methods to prevent and treat
juvenile delinquency;
``(3) establish or expand 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--
``(A) 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
``(B) assist in the provision by the Administrator
of best practices 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;
``(4) encourage the development of programs that, in
addition to helping youth take responsibility for their
behavior, through control and incarceration, if necessary,
provide therapeutic intervention such as providing skills;
``(5) encourage the development and establishment of
programs to enhance the States' ability to identify chronic
serious and violent juvenile offenders who commit crimes such
as rape, murder, firearms offenses, gang-related crimes,
violent felonies, and serious drug offenses;
``(6) prepare, in cooperation with education institutions,
with Federal, State, and local agencies, and with appropriate
individuals and private agencies, such studies as it considers
to be necessary with respect to prevention of and intervention
with juvenile violence and delinquency and the improvement of
juvenile justice systems, including--
``(A) evaluations of programs and interventions
designed to prevent youth violence and juvenile
delinquency;
``(B) assessments and evaluations of the
methodological approaches to evaluating the
effectiveness of interventions and programs designed to
prevent youth violence and juvenile delinquency;
``(C) studies of the extent, nature, risk, and
protective factors, and causes of youth violence and
juvenile delinquency;
``(D) comparisons of youth adjudicated and treated
by the juvenile justice system compared to juveniles
waived to and adjudicated by the adult criminal justice
system (including incarcerated in adult, secure
correctional facilities);
``(E) recommendations with respect to effective and
ineffective primary, secondary, and tertiary prevention
interventions, including for which juveniles, and under
what circumstances (including circumstances connected
with the staffing of the intervention), prevention
efforts are effective and ineffective; and
``(F) assessments of risk prediction systems of
juveniles used in making decisions regarding pretrial
detention;
``(7) disseminate the results of such evaluations and
research and demonstration activities particularly to persons
actively working in the field of juvenile delinquency;
``(8) disseminate pertinent data and studies to
individuals, agencies, and organizations concerned with the
prevention and treatment of juvenile delinquency; and
``(9) routinely collect, analyze, compile, publish, and
disseminate uniform national statistics concerning--
``(A) all aspects of juveniles as victims and
offenders;
``(B) the processing and treatment, in the juvenile
justice system, of juveniles who are status offenders,
delinquent, neglected, or abused; and
``(C) the processing and treatment of such
juveniles who are treated as adults for purposes of the
criminal justice system.
``(b) Public Disclosure.--The Administrator or the Director, as
appropriate, shall make available to the public--
``(1) the results of research, demonstration, and
evaluation activities referred to in subsection (a)(8);
``(2) the data and studies referred to in subsection
(a)(9); and
``(3) regular reports regarding each State's objective
measurements of youth violence, such as the number, rate, and
trend of homicides committed by youths.
``SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.
``The Administrator, acting through the National Institute for
Crime Control and Delinquency Prevention, as appropriate, may--
``(1) provide technical assistance and training assistance
to Federal, State, and local governments and to courts, public
and private agencies, institutions, and individuals in the
planning, establishment, funding, operation, and evaluation of
juvenile delinquency programs;
``(2) develop, conduct, and provide for training programs
for the training of professional, paraprofessional, and
volunteer personnel, and other persons who are working with or
preparing to work with juveniles, juvenile offenders (including
juveniles who commit hate crimes), and their families;
``(3) develop, conduct, and provide for seminars,
workshops, and training programs in the latest proven effective
techniques and methods of preventing and treating juvenile
delinquency for law enforcement officers, juvenile judges,
prosecutors, and defense attorneys, and other court personnel,
probation officers, correctional personnel, and other Federal,
State, and local government personnel who are engaged in work
relating to juvenile delinquency;
``(4) develop technical training teams to aid in the
development of training programs in the States and to assist
State and local agencies that work directly with juveniles and
juvenile offenders; and
``(5) provide technical assistance and training to assist
States and units of general local government.
``SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.
``(a) In General.--The Administrator shall establish within the
National Institute for Juvenile Crime Control and Delinquency
Prevention a training program designed to train enrollees with respect
to methods and techniques for the prevention and treatment of juvenile
delinquency, including methods and techniques specifically designed to
prevent and reduce the incidence of hate crimes committed by juveniles.
In carrying out this program the Administrator may make use of
available State and local services, equipment, personnel, facilities,
and the like.
``(b) Qualifications for Enrollment.--Enrollees in the training
program established under this section shall be drawn from law
enforcement and correctional personnel (including volunteer lay
personnel), teachers and special education personnel, family
counselors, child welfare workers, juvenile judges and judicial
personnel, persons associated with law-related education, youth
workers, and representatives of private agencies and organizations with
specific experience in the prevention and treatment of juvenile
delinquency.
``SEC. 246. REPORT ON STATUS OFFENDERS.
``Not later than September 1, 2002, the Administrator, through the
National Institute of Justice, shall--
``(1) conduct a study on the effect of incarceration on
status offenders compared to similarly situated individuals who
are not placed in secure detention in terms of the continuation
of their inappropriate or illegal conduct, delinquency, or
future criminal behavior, and evaluating the safety of status
offenders placed in secure detention; and
``(2) submit to the Chairman and Ranking Member of the
Committee on the Judiciary of the Senate and the Chairman and
Ranking Member of the Committee on Education and the Workforce
of the House of Representatives a report on the results of the
study conducted under paragraph (1).
``SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICATIONS.
``(a) In General.--Any agency, institution, or individual seeking
to receive a grant, or enter into a contract, under section 243, 244,
or 245 shall submit an application at such time, in such manner, and
containing or accompanied by such information as the Administrator or
the Director, as appropriate, may prescribe.
``(b) Application Contents.--In accordance with guidelines
established by the Administrator or the Director, as appropriate, each
application for assistance under section 243, 244, or 245 shall--
``(1) set forth a program for carrying out 1 or more of the
purposes set forth in section 243, 244, or 245, and
specifically identify each such purpose such program is
designed to carry out;
``(2) provide that such program shall be administered by or
under the supervision of the applicant;
``(3) provide for the proper and efficient administration
of such program;
``(4) provide for regular evaluation of such program; and
``(5) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this title.
``(c) Factors for Consideration.--In determining whether or not to
approve applications for grants and for contracts under this part, the
Administrator or the Director, as appropriate, shall consider--
``(1) whether the project uses appropriate and rigorous
methodology, including appropriate samples, control groups,
psychometrically sound measurement, and appropriate data
analysis techniques;
``(2) the experience of the principal and coprincipal
investigators in the area of youth violence and juvenile
delinquency;
``(3) the protection offered human subjects in the study,
including informed consent procedures; and
``(4) the cost-effectiveness of the proposed project.
``(d) Selection Process.--
``(1) In general.--
``(A) Competitive process.--Subject to subparagraph
(B), programs selected for assistance through grants or
contracts under section 243, 244, or 245 shall be
selected through a competitive process, which shall be
established by the Administrator or the Director, as
appropriate, by rule. As part of such a process, the
Administrator or the Director, as appropriate, shall
announce in the Federal Register--
``(i) the availability of funds for such
assistance;
``(ii) the general criteria applicable to
the selection of applicants to receive such
assistance; and
``(iii) a description of the procedures
applicable to submitting and reviewing
applications for such assistance.
``(B) Waiver.--The competitive process described in
subparagraph (A) shall not be required if the
Administrator or the Director, as appropriate, makes a
written determination waiving the competitive process
with respect to a program to be carried out in an area
with respect to which the President declares under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) that a major
disaster or emergency exists.
``(2) Review Process.--
``(A) In general.--Programs selected for assistance
through grants and contracts under this part shall be
selected after a competitive process that provides
potential grantees and contractors with not less than
90 days to submit applications for funds. Applications
for funds shall be reviewed through a formal peer
review process by qualified scientists with expertise
in the fields of criminology, juvenile delinquency,
sociology, psychology, research methodology, evaluation
research, statistics, and related areas. The peer
review process shall conform to the process used by the
National Institutes of Health, the National Institute
of Justice, or the National Science Foundation.
``(B) Establishment of process.--Such process shall
be established by the Administrator or the Director, as
appropriate, in consultation with the Directors and
other appropriate officials of the National Science
Foundation and the National Institute of Mental Health.
Before implementation of such process, the
Administrator or the Director, as appropriate, shall
submit such process to such Directors, each of whom
shall prepare and furnish to the Chairman of the
Committee on Education and the Workforce of the House
of Representatives and the Chairman of the Committee on
the Judiciary of the Senate a final report containing
their comments on such process as proposed to be
established.
``(3) Emergency expedited consideration.--In establishing
the process required under paragraphs (1) and (2), the
Administrator or the Director, as appropriate, shall provide
for emergency expedited consideration of a proposed program if
the Administrator or the Director, as appropriate, determines
such action to be necessary in order to avoid a delay that
would preclude carrying out the program.
``(e) Effect of Population.--A city shall not be denied assistance
under section 243, 244, or 245 solely on the basis of its population.
``(f) Notification Process.--Notification of grants and contracts
made under sections 243, 244, and 245 (and the applications submitted
for such grants and contracts) shall, upon being made, be transmitted
by the Administrator or the Director, as appropriate, to the Chairman
of the Committee on Education and the Workforce of the House of
Representatives and the Chairman of the Committee on the Judiciary of
the Senate.
``PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG
INTERVENTION
``SEC. 251. DEFINITION OF JUVENILE.
``In this part, the term `juvenile' means an individual who has not
attained the age of 22 years.
``SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.
``(a) In General.--
``(1) The Administrator shall make grants to or enter into
contracts with public agencies (including local educational
agencies) and private nonprofit agencies, organizations, and
institutions to establish and support programs and activities
that involve families and communities and that are designed to
carry out any of the following purposes:
``(A) To prevent and to reduce the participation of
juveniles in the activities of gangs that commit
crimes. Such programs and activities may include--
``(i) individual, peer, family, and group
counseling, including the provision of life
skills training and preparation for living
independently, which shall include cooperation
with social services, welfare, and health care
programs;
``(ii) education and social services
designed to address the social and
developmental needs of juveniles that such
juveniles would otherwise seek to have met
through membership in gangs;
``(iii) crisis intervention and counseling
to juveniles, who are particularly at risk of
gang involvement, and their families, including
assistance from social service, welfare, health
care, mental health, and substance abuse
prevention and treatment agencies where
necessary;
``(iv) the organization of neighborhood and
community groups to work closely with parents,
schools, law enforcement, and other public and
private agencies in the community; and
``(v) training and assistance to adults who
have significant relationships with juveniles
who are or may become members of gangs, to
assist such adults in providing constructive
alternatives to participating in the activities
of gangs.
``(B) To develop within the juvenile adjudicatory
and correctional systems new and innovative means to
address the problems of juveniles convicted of serious
drug-related and gang-related offenses.
``(C) To target elementary school students, with
the purpose of steering students away from gang
involvement.
``(D) To provide treatment to juveniles who are
members of such gangs, including members who are
accused of committing a serious crime and members who
have been adjudicated as being delinquent.
``(E) To promote the involvement of juveniles in
lawful activities in geographical areas in which gangs
commit crimes.
``(F) To promote and support, with the cooperation
of community-based organizations experienced in
providing services to juveniles engaged in gang-related
activities and the cooperation of local law enforcement
agencies, the development of policies and activities in
public elementary and secondary schools that will
assist such schools in maintaining a safe environment
conducive to learning.
``(G) To assist juveniles who are or may become
members of gangs to obtain appropriate educational
instruction, in or outside a regular school program,
including the provision of counseling and other
services to promote and support the continued
participation of such juveniles in such instructional
programs.
``(H) To expand the availability of prevention and
treatment services relating to the illegal use of
controlled substances and controlled substance
analogues (as defined in paragraphs (6) and (32) of
section 102 of the Controlled Substances Act (21 U.S.C.
802)) by juveniles, provided through State and local
health and social services agencies.
``(I) To provide services to prevent juveniles from
coming into contact with the juvenile justice system
again as a result of gang-related activity.
``(J) To provide services authorized in this
section at a special location in a school or housing
project.
``(K) To support activities to inform juveniles of
the availability of treatment and services for which
financial assistance is available under this section.
``(2) From not more than 15 percent of the total amount
appropriated to carry out this part in each fiscal year, the
Administrator may make grants to and enter into contracts with
public agencies and private nonprofit agencies, organizations,
and institutions--
``(A) to conduct research on issues related to
juvenile gangs;
``(B) to evaluate the effectiveness of programs and
activities funded under paragraph (1); and
``(C) to increase the knowledge of the public
(including public and private agencies that operate or
desire to operate gang prevention and intervention
programs) by disseminating information on research and
on effective programs and activities funded under this
section.
``(b) Approval of Applications.--
``(1) In general.--Any agency, organization, or institution
seeking to receive a grant, or to enter into a contract, under
this section shall submit an application at such time, in such
manner, and containing such information as the Administrator
may prescribe.
``(2) Application contents.--In accordance with guidelines
established by the Administrator, each application submitted
under paragraph (1) shall--
``(A) set forth a program or activity for carrying
out 1 or more of the purposes specified in subsection
(a) and specifically identify each such purpose such
program or activity is designed to carry out;
``(B) provide that such program or activity shall
be administered by or under the supervision of the
applicant;
``(C) provide for the proper and efficient
administration of such program or activity;
``(D) provide for regular evaluation of such
program or activity;
``(E) provide an assurance that the proposed
program or activity will supplement, not supplant,
similar programs and activities already available in
the community;
``(F) describe how such program or activity is
coordinated with programs, activities, and services
available locally under part B or C of this title, and
under chapter 1 of subtitle B of title III of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
``(G) certify that the applicant has requested the
State planning agency to review and comment on such
application and summarize the responses of such State
planning agency to such request;
``(H) provide that regular reports on such program
or activity shall be sent to the Administrator and to
such State planning agency; and
``(I) provide for such fiscal control and fund
accounting procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this section.
``(3) Priority.--In reviewing applications for grants and
contracts under this section, the Administrator shall give
priority to applications--
``(A) submitted by, or substantially involving,
local educational agencies (as defined in section 1471
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 2891));
``(B) based on the incidence and severity of crimes
committed by gangs whose membership is composed
primarily of juveniles in the geographical area in
which the applicants propose to carry out the programs
and activities for which such grants and contracts are
requested; and
``(C) for assistance for programs and activities
that--
``(i) are broadly supported by public and
private nonprofit agencies, organizations, and
institutions located in such geographical area;
and
``(ii) will substantially involve the
families of juvenile gang members in carrying
out such programs or activities.
``SEC. 253. COMMUNITY-BASED GANG INTERVENTION.
``(a) In General.--The Administrator shall make grants to or enter
into contracts with public and private nonprofit agencies,
organizations, and institutions to carry out programs and activities--
``(1) to reduce the participation of juveniles in the
illegal activities of gangs;
``(2) to develop regional task forces involving State,
local, and community-based organizations to coordinate the
disruption of gangs and the prosecution of juvenile gang
members and to curtail interstate activities of gangs; and
``(3) to facilitate coordination and cooperation among--
``(A) local education, juvenile justice,
employment, and social service agencies; and
``(B) community-based programs with a proven record
of effectively providing intervention services to
juvenile gang members for the purpose of reducing the
participation of juveniles in illegal gang activities;
and
``(4) to support 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--
``(A) 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
``(B) 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.
``(b) Eligible Programs and Activities.--Programs and activities
for which grants and contracts are to be made under this section may
include--
``(1) the hiring of additional State and local prosecutors,
and the establishment and operation of programs, including
multijurisdictional task forces, for the disruption of gangs
and the prosecution of gang members;
``(2) developing within the juvenile adjudicatory and
correctional systems new and innovative means to address the
problems of juveniles convicted of serious drug-related and
gang-related offenses;
``(3) providing treatment to juveniles who are members of
such gangs, including members who are accused of committing a
serious crime and members who have been adjudicated as being
delinquent;
``(4) promoting the involvement of juveniles in lawful
activities in geographical areas in which gangs commit crimes;
``(5) expanding the availability of prevention and
treatment services relating to the illegal use of controlled
substances and controlled substances analogues (as defined in
paragraphs (6) and (32) of section 102 of the Controlled
Substances Act (21 U.S.C. 802)), by juveniles, provided through
State and local health and social services agencies;
``(6) providing services to prevent juveniles from coming
into contact with the juvenile justice system again as a result
of gang-related activity; or
``(7) supporting activities to inform juveniles of the
availability of treatment and services for which financial
assistance is available under this section.
``(c) Approval of Applications.--
``(1) In general.--Any agency, organization, or institution
desiring to receive a grant, or to enter into a contract, under
this section shall submit an application at such time, in such
manner, and containing such information as the Administrator
may prescribe.
``(2) Application contents.--In accordance with guidelines
established by the Administrator, each application submitted
under paragraph (1) shall--
``(A) set forth a program or activity for carrying
out 1 or more of the purposes specified in subsection
(a) and specifically identify each such purpose such
program or activity is designed to carry out;
``(B) provide that such program or activity shall
be administered by or under the supervision of the
applicant;
``(C) provide for the proper and efficient
administration of such program or activity;
``(D) provide for regular evaluation of such
program or activity;
``(E) provide an assurance that the proposed
program or activity will supplement, not supplant,
similar programs and activities already available in
the community;
``(F) describe how such program or activity is
coordinated with programs, activities, and services
available locally under part B of this title and under
chapter 1 of subtitle B of title III of the Anti-Drug
Abuse Act of 1988 (42 U.S.C. 11801-11805);
``(G) certify that the applicant has requested the
State planning agency to review and comment on such
application and summarize the responses of such State
planning agency to such request;
``(H) provide that regular reports on such program
or activity shall be sent to the Administrator and to
such State planning agency; and
``(I) provide for such fiscal control and fund
accounting procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this section.
``(3) Priority.--In reviewing applications for grants and
contracts under subsection (a), the Administrator shall give
priority to applications--
``(A) submitted by, or substantially involving,
community-based organizations experienced in providing
services to juveniles;
``(B) based on the incidence and severity of crimes
committed by gangs whose membership is composed
primarily of juveniles in the geographical area in
which the applicants propose to carry out the programs
and activities for which such grants and contracts are
requested; and
``(C) for assistance for programs and activities
that--
``(i) are broadly supported by public and
private nonprofit agencies, organizations, and
institutions located in such geographical area;
and
``(ii) will substantially involve the
families of juvenile gang members in carrying
out such programs or activities.
``SEC. 254. PRIORITY.
``In making grants under this part, the Administrator shall give
priority to funding programs and activities described in subsections
(a)(2) and (b)(1) of section 253.
``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
``SEC. 261. GRANTS AND PROJECTS.
``(a) Authority To Make Grants.--The Administrator may make grants
to, and enter into contracts with, States, units of local government,
Indian tribal governments, public and private agencies, organizations,
and individuals, or combinations thereof, to carry out projects for the
development, testing, and demonstration of promising initiatives and
programs for the prevention, control, or reduction of juvenile
delinquency. The Administrator shall ensure that, to the extent
reasonable and practicable, such grants are made to achieve an
equitable geographical distribution of such projects throughout the
United States.
``(b) Use of Grants.--A grant made under subsection (a) may be used
to pay all or part of the cost of the project for which such grant is
made.
``SEC. 262. GRANTS FOR TRAINING AND TECHNICAL ASSISTANCE.
``The Administrator may make grants to, and enter into contracts
with, public and private agencies, organizations, and individuals to
provide training and technical assistance to States, units of local
government, Indian tribal governments, local private entities or
agencies, or any combination thereof, to carry out the projects for
which grants are made under section 261.
``SEC. 263. ELIGIBILITY.
``To be eligible to receive assistance pursuant to a grant or
contract under this part, a public or private agency, Indian tribal
government, organization, institution, individual, or combination
thereof, shall submit an application to the Administrator at such time,
in such form, and containing such information as the Administrator may
reasonably require by rule.
``SEC. 264. REPORTS.
``Each recipient of assistance pursuant to a grant or contract
under this part shall submit to the Administrator such reports as may
be reasonably requested by the Administrator to describe progress
achieved in carrying the projects for which the assistance was
provided.
``PART F--MENTORING
``SEC. 271. MENTORING.
``The purposes of this part are to, through the use of mentors for
at-risk youth--
``(1) reduce juvenile delinquency and gang participation;
``(2) improve academic performance; and
``(3) reduce the dropout rate.
``SEC. 272. DEFINITIONS.
``In this part--
``(1) the term `at-risk youth' means a youth at risk of
educational failure, dropping out of school, or involvement in
criminal or delinquent activities; and
``(2) the term `mentor' means a person who works with an
at-risk youth on a one-to-one basis, providing a positive role
model for the youth, establishing a supportive relationship
with the youth, and providing the youth with academic
assistance and exposure to new experiences and examples of
opportunity that enhance the ability of the youth to become a
responsible adult.
``SEC. 273. GRANTS.
``The Administrator shall, by making grants to and entering into
contracts with local educational agencies (each of which agency shall
be in partnership with a public or private agency, institution, or
business), establish and support programs and activities for the
purpose of implementing mentoring programs that--
``(1) are designed to link at-risk children, particularly
children living in high crime areas and children experiencing
educational failure, with responsible adults such as law
enforcement officers, persons working with local businesses,
and adults working for community-based organizations and
agencies; and
``(2) are intended to achieve 1 or more of the following
goals:
``(A) Provide general guidance to at-risk youth.
``(B) Promote personal and social responsibility
among at-risk youth.
``(C) Increase at-risk youth's participation in and
enhance their ability to benefit from elementary and
secondary education.
``(D) Discourage at-risk youth's use of illegal
drugs, violence, and dangerous weapons, and other
criminal activity.
``(E) Discourage involvement of at-risk youth in
gangs.
``(F) Encourage at-risk youth's participation in
community service and community activities.
``SEC. 274. REGULATIONS AND GUIDELINES.
``(a) Program Guidelines.--The Administrator shall issue program
guidelines to implement this part. The program guidelines shall be
effective only after a period for public notice and comment.
``(b) Model Screening Guidelines.--The Administrator shall develop
and distribute to program participants specific model guidelines for
the screening of prospective program mentors.
``SEC. 275. USE OF GRANTS.
``(a) Permitted Uses.--Grants awarded under this part shall be used
to implement mentoring programs, including--
``(1) hiring of mentoring coordinators and support staff;
``(2) recruitment, screening, and training of adult
mentors;
``(3) reimbursement of mentors for reasonable incidental
expenditures such as transportation that are directly
associated with mentoring; and
``(4) such other purposes as the Administrator may
reasonably prescribe by regulation.
``(b) Prohibited Uses.--Grants awarded pursuant to this part shall
not be used--
``(1) to directly compensate mentors, except as provided
pursuant to subsection (a)(3);
``(2) to obtain educational or other materials or equipment
that would otherwise be used in the ordinary course of the
grantee's operations;
``(3) to support litigation of any kind; or
``(4) for any other purpose reasonably prohibited by the
Administrator by regulation.
``SEC. 276. PRIORITY.
``(a) In General.--In making grants under this part, the
Administrator shall give priority for awarding grants to applicants
that--
``(1) serve at-risk youth in high crime areas;
``(2) have 60 percent or more of their youth eligible to
receive funds under the Elementary and Secondary Education Act
of 1965; and
``(3) have a considerable number of youth who drop out of
school each year.
``(b) Other Considerations.--In making grants under this part, the
Administrator shall give consideration to--
``(1) the geographic distribution (urban and rural) of
applications;
``(2) the quality of a mentoring plan, including--
``(A) the resources, if any, that will be dedicated
to providing participating youth with opportunities for
job training or postsecondary education; and
``(B) the degree to which parents, teachers,
community-based organizations, and the local community
participate in the design and implementation of the
mentoring plan; and
``(3) the capability of the applicant to effectively
implement the mentoring plan.
``SEC. 277. APPLICATIONS.
``An application for assistance under this part shall include--
``(1) information on the youth expected to be served by the
program;
``(2) a provision for a mechanism for matching youth with
mentors based on the needs of the youth;
``(3) an assurance that no mentor will be assigned to more
than 1 youth, so as to ensure a one-to-one relationship;
``(4) an assurance that projects operated in secondary
schools will provide youth with a variety of experiences and
support, including--
``(A) an opportunity to spend time in a work
environment and, when possible, participate in the work
environment;
``(B) an opportunity to witness the job skills that
will be required for youth to obtain employment upon
graduation;
``(C) assistance with homework assignments; and
``(D) exposure to experiences that youth might not
otherwise encounter;
``(5) an assurance that projects operated in elementary
schools will provide youth with--
``(A) academic assistance;
``(B) exposure to new experiences and activities
that youth might not encounter on their own; and
``(C) emotional support;
``(6) an assurance that projects will be monitored to
ensure that each youth benefits from a mentor relationship,
with provision for a new mentor assignment if the relationship
is not beneficial to the youth;
``(7) the method by which mentors and youth will be
recruited to the project;
``(8) the method by which prospective mentors will be
screened; and
``(9) the training that will be provided to mentors.
``SEC. 278. GRANT CYCLES.
``Each grant under this part shall be made for a 3-year period.
``SEC. 279. FAMILY MENTORING PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `cooperative extension services' has the
meaning given that term in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103);
``(2) the term `family mentoring program' means a mentoring
program that--
``(A) utilizes a 2-tier mentoring approach that
uses college age or young adult mentors working
directly with at-risk youth and uses retirement-age
couples working with the parents and siblings of at-
risk youth; and
``(B) has a local advisory board to provide
direction and advice to program administrators; and
``(3) the term `qualified cooperative extension service'
means a cooperative extension service that has established a
family mentoring program, as of the date of enactment of the Violent
and Repeat Juvenile Offender Accountability and Rehabilitation Act of
1999.
``(b) Model Program.--The Administrator, in cooperation with the
Secretary of Agriculture, shall make a grant to a qualified cooperative
extension service for the purpose of expanding and replicating family
mentoring programs to reduce the incidence of juvenile crime and
delinquency among at-risk youth.
``(c) Establishment of New Family Mentoring Programs.--
``(1) In general.--The Administrator, in cooperation with
the Secretary of Agriculture, may make 1 or more grants to
cooperative extension services for the purpose of establishing
family mentoring programs to reduce the incidence of juvenile
crime and delinquency among at-risk youth.
``(2) Matching requirement and source of matching funds.--
``(A) In general.--The amount of a grant under this
subsection may not exceed 35 percent of the total costs
of the program funded by the grant.
``(B) Source of match.--Matching funds for grants
under this subsection may be derived from amounts made
available to a State under subsections (b) and (c) of
section 3 of the Smith-Lever Act (7 U.S.C. 343), except
that the total amount derived from Federal sources may
not exceed 70 percent of the total cost of the program
funded by the grant.
``PART G--ADMINISTRATIVE PROVISIONS
``SEC. 291. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this title, and to carry out part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.),
$1,000,000,000 for each of fiscal years 2000 through 2005.
``(b) Allocation of Appropriations.--Of the amount made available
under subsection (a) for each fiscal year--
``(1) $450,000,000 shall be for programs under section 1801
of part R of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796 et seq.);
``(2) $75,000,000 shall be for grants for juvenile criminal
history records upgrades pursuant to section 1802 of part R of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796 et seq.);
``(3) $200,000,000 shall be for programs under section 205
of part A of this title;
``(4) $200,000,000 shall be for programs under part B of
this title;
``(5) $40,000,000 shall be for prevention programs under
part C of this title, of which $20,000,000 shall be for
evaluation research of primary, secondary, and tertiary
juvenile delinquency programs;
``(6) $20,000,000 shall be for programs under parts D and E
of this title; and
``(7) $15,000,000 shall be for programs under part F of
this title, of which $3,000,000 shall be for programs under
section 279.
``(c) Source of Sums.--Amounts authorized to be appropriated
pursuant to this section may be derived from the Violent Crime
Reduction Trust Fund.
``(d) Administration and Operations.--There is authorized to be
appropriated for the administration and operation of the Office of
Juvenile Crime Control and Prevention such sums as may be necessary for
each of fiscal years 2000 through 2005.
``(e) Availability of Funds.--Amounts made available pursuant to
this section and allocated in accordance with this title in any fiscal
year shall remain available until expended.
``SEC. 292. RELIGIOUS NONDISCRIMINATION; RESTRICTIONS ON USE OF
AMOUNTS; PENALTIES.
``(a) Religious Nondiscrimination.--The provisions of section 104
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (42 U.S.C. 604a) shall apply to a State or local government
exercising its authority to distribute grants to applicants under this
title.
``(b) Restrictions on the Use of Amounts.--
``(1) Experimentation on individuals.--
``(A) 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.
``(B) Definition of behavior control.--In this
paragraph, the term `behavior control'--
``(i) means any experimentation or research
employing methods that--
``(I) involve a substantial risk of
physical or psychological harm to the
individual subject; and
``(II) 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 substance abuse 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).
``(2) Prohibition against private agency use of amounts in
construction.--
``(A) In general.--No amount made available to any
private agency or institution, or to any individual,
under this title (either directly or through a State office) may be
used for construction.
``(B) Exception.--The restriction in clause (i)
shall not apply to any juvenile program in which
training or experience in construction or renovation is
used as a method of juvenile accountability or
rehabilitation.
``(3) Lobbying.--
``(A) In general.--Except as provided in
subparagraph (B), 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.
``(B) Exception.--This paragraph 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.
``(4) 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.
``(c) Penalties.--
``(1) In general.--If any amounts are used for the purposes
prohibited in either paragraph (3) or (4) of subsection (b), or
in violation of subsection (a)--
``(A) funding for the agency, organization,
institution, or individual at issue shall be
immediately discontinued in whole or in part; and
``(B) the agency, organization, institution, or
individual using amounts for the purpose prohibited in
paragraph (3) or (4) of subsection (b), or in violation
of subsection (a), shall be liable for reimbursement of
all amounts granted to the individual or entity for the
fiscal year for which the amounts were granted.
``(2) Liability for expenses and damages.--In relation to a
violation of subsection (b)(4), 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.
``SEC. 293. 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 title,
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 title.
``(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 title,
except that, for purposes of this title--
``(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 Crime
Control and Prevention; and
``(3) the term `this title' as it appears in those sections
shall be considered to be a reference to this title.
``(d) Rules, Regulations, and Procedures.--The Administrator may,
after appropriate consultation with representatives of States and units
of local government, and an opportunity for notice and comment in
accordance with subchapter II of chapter 5 of title 5, United States
Code, 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.''.
(b) Repeal.--Title V of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5781 et seq.) is repealed.
SEC. 4203. RUNAWAY AND HOMELESS YOUTH.
(a) Findings.--Section 302 of the Runaway and Homeless Youth Act
(42 U.S.C. 5701) is amended--
(1) in paragraph (5), by striking ``accurate reporting of
the problem nationally and to develop'' and inserting ``an
accurate national reporting system to report the problem, and
to assist in the development of''; and
(2) by striking paragraph (8) and inserting the following:
``(8) services for runaway and homeless youth are needed in
urban, suburban and rural areas;''.
(b) Authority To Make Grants for Centers and Services.--Section 311
of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Grants for Centers and Services.--
``(1) In general.--The Secretary shall make grants to
public and nonprofit private entities (and combinations of such
entities) to establish and operate (including renovation) local
centers to provide services for runaway and homeless youth and
for the families of such youth.
``(2) Such services--
``(A) shall be provided as an alternative to
involving runaway and homeless youth in the law
enforcement, child welfare, mental health, and juvenile
justice systems;
``(B) shall include--
``(i) safe and appropriate shelter; and
``(ii) individual, family, and group
counseling, as appropriate; and
``(C) may include--
``(i) street-based services;
``(ii) home-based services for families
with youth at risk of separation from the
family; and
``(iii) drug abuse education and prevention
services.'';
(2) in subsection (b)(2), by striking ``the Trust Territory
of the Pacific Islands,''; and
(3) by striking subsections (c) and (d).
(c) Eligibility.--Section 312 of the Runaway and Homeless Youth Act
(42 U.S.C. 5712) is amended--
(1) in subsection (b)--
(A) in paragraph (7), by striking ``criminal
charges against'' and inserting ``criminal or
delinquency charges against or the coordinated delivery
of services to'';
(B) in paragraph (8), by striking ``paragraph (6)''
and inserting ``paragraph (7)'';
(C) in paragraph (10), by striking ``and'' at the
end;
(D) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(12) shall submit to the Secretary an annual report that
includes, with respect to the year for which the report is
submitted--
``(A) information regarding the activities carried
out under this part;
``(B) the achievements of the project under this
part carried out by the applicant; and
``(C) statistical summaries describing--
``(i) the number and the characteristics of
the runaway and homeless youth, and youth at
risk of family separation, who participate in
the project; and
``(ii) the services provided to such youth
by the project.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Applicants Providing Street-Based Services.--To be eligible
to use assistance under section 311(a)(2)(C)(i) to provide street-based
services, the applicant shall include in the plan required by
subsection (b) assurances that in providing such services the applicant
will--
``(1) provide qualified supervision of staff, including on-
street supervision by appropriately trained staff;
``(2) provide backup personnel for on-street staff;
``(3) provide initial and periodic training of staff who
provide such services; and
``(4) conduct outreach activities for runaway and homeless
youth, and street youth.
``(d) Applicants Providing Home-Based Services.--To be eligible to
use assistance under section 311(a) to provide home-based services
described in section 311(a)(2)(C)(ii), an applicant shall include in
the plan required by subsection (b) assurances that in providing such
services the applicant will--
``(1) provide counseling and information to youth and the
families (including unrelated individuals in the family
households) of such youth, including services relating to basic
life skills, interpersonal skill building, educational
advancement, job attainment skills, mental and physical health
care, parenting skills, financial planning, and referral to
sources of other needed services;
``(2) provide directly, or through an arrangement made by
the applicant, 24-hour service to respond to family crises
(including immediate access to temporary shelter for runaway
and homeless youth, and youth at risk of separation from the
family);
``(3) establish, in partnership with the families of
runaway and homeless youth, and youth at risk of separation
from the family, objectives and measures of success to be
achieved as a result of receiving home-based services;
``(4) provide initial and periodic training of staff who
provide home-based services; and
``(5) ensure that--
``(A) caseloads will remain sufficiently low to
allow for intensive (5 to 20 hours per
week) involvement with each family receiving such services; and
``(B) staff providing such services will receive
qualified supervision.
``(e) Applicants Providing Drug Abuse Education and Prevention
Services.--To be eligible to use assistance under section
311(a)(2)(C)(iii) to provide drug abuse education and prevention
services, an applicant shall include in the plan required by subsection
(b)--
``(1) a description of--
``(A) the types of such services that the applicant
proposes to provide;
``(B) the objectives of such services; and
``(C) the types of information and training to be
provided to individuals providing such services to
runaway and homeless youth; and
``(2) an assurance that in providing such services the
applicant shall conduct outreach activities for runaway and
homeless youth.''.
(d) Approval of Applications.--Section 313 of the Runaway and
Homeless Youth Act (42 U.S.C. 5713) is amended to read as follows:
``SEC. 313. APPROVAL OF APPLICATIONS.
``(a) In General.--An application by a public or private entity for
a grant under section 311(a) may be approved by the Secretary after
taking into consideration, with respect to the State in which such
entity proposes to provide services under this part--
``(1) the geographical distribution in such State of the
proposed services under this part for which all grant
applicants request approval; and
``(2) which areas of such State have the greatest need for
such services.
``(b) Priority.--In selecting applications for grants under section
311(a), the Secretary shall give priority to--
``(1) eligible applicants who have demonstrated experience
in providing services to runaway and homeless youth; and
``(2) eligible applicants that request grants of less than
$200,000.''.
(e) Authority for Transitional Living Grant Program.--Section 321
of the Runaway and Homeless Youth Act (42 U.S.C. 5714-1) is amended--
(1) in the section heading, by striking ``purpose and'';
(2) in subsection (a), by striking ``(a)''; and
(3) by striking subsection (b).
(f) Eligibility.--Section 322(a)(9) of the Runaway and Homeless
Youth Act (42 U.S.C. 5714-2(a)(9)) is amended by inserting ``, and the
services provided to such youth by such project,'' after ``such
project''.
(g) Coordination.--Section 341 of the Runaway and Homeless Youth
Act (42 U.S.C. 5714-21) is amended to read as follows:
``SEC. 341. COORDINATION.
``With respect to matters relating to the health, education,
employment, and housing of runaway and homeless youth, the Secretary--
``(1) through the Administrator of the Office of Juvenile
Crime Control and Prevention, shall coordinate the activities
of agencies of the Department of Health and Human Services with
activities under any other Federal juvenile crime control,
prevention, and juvenile offender accountability program and
with the activities of other Federal entities; and
``(2) shall coordinate the activities of agencies of the
Department of Health and Human Services with the activities of
other Federal entities and with the activities of entities that
are eligible to receive grants under this title.''.
(h) Authority To Make Grants for Research, Evaluation,
Demonstration, and Service Projects.--Section 343 of the Runaway and
Homeless Youth Act (42 U.S.C. 5714-23) is amended--
(1) in the section heading, by inserting ``evaluation,''
after ``research,'';
(2) in subsection (a), by inserting ``evaluation,'' after
``research,''; and
(3) in subsection (b)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) through (10) as
paragraphs (2) through (9), respectively.
(i) Assistance to Potential Grantees.--Section 371 of the Runaway
and Homeless Youth Act (42 U.S.C. 5714a) is amended by striking the
last sentence.
(j) Reports.--Section 381 of the Runaway and Homeless Youth Act (42
U.S.C. 5715) is amended to read as follows:
``SEC. 381. REPORTS.
``(a) In General.--Not later than April 1, 2000 and biennially
thereafter, the Secretary shall submit, to the Committee on Education
and the Workforce of the House of Representatives and the Committee on
the Judiciary of the Senate, a report on the status, activities, and
accomplishments of entities that receive grants under parts A, B, C, D,
and E, with particular attention to--
``(1) in the case of centers funded under part A, the
ability or effectiveness of such centers in--
``(A) alleviating the problems of runaway and
homeless youth;
``(B) if applicable or appropriate, reuniting such
youth with their families and encouraging the
resolution of intrafamily problems through counseling
and other services;
``(C) strengthening family relationships and
encouraging stable living conditions for such youth;
and
``(D) assisting such youth to decide upon a future
course of action; and
``(2) in the case of projects funded under part B--
``(A) the number and characteristics of homeless
youth served by such projects;
``(B) the types of activities carried out by such
projects;
``(C) the effectiveness of such projects in
alleviating the problems of homeless youth;
``(D) the effectiveness of such projects in
preparing homeless youth for self-sufficiency;
``(E) the effectiveness of such projects in
assisting homeless youth to decide upon future
education, employment, and independent living;
``(F) the ability of such projects to encourage the
resolution of intrafamily problems through counseling
and development of self-sufficient living skills; and
``(G) activities and programs planned by such
projects for the following fiscal year.
``(b) Contents of Reports.--The Secretary shall include in each
report submitted under subsection (a), summaries of--
``(1) the evaluations performed by the Secretary under
section 386; and
``(2) descriptions of the qualifications of, and training
provided to, individuals involved in carrying out such
evaluations.''.
(k) Reports.--Section 383 of the Runaway and Homeless Youth Act (42
U.S.C. 5731) is amended by striking ``Records'' and inserting ``Except
for the purposes of the disposition of criminal or delinquency charges
against or the coordinated delivery of services to individual youths,
records''.
(l) Evaluation.--Section 384 of the Runaway and Homeless Youth Act
(42 U.S.C. 5732) is amended to read as follows:
``SEC. 384. EVALUATION AND INFORMATION.
``(a) In General.--If a grantee receives grants for 3 consecutive
fiscal years under part A, B, C, D, or E (in the alternative), then the
Secretary shall evaluate such grantee on-site, not less frequently than
once in the period of such 3 consecutive fiscal years, for purposes
of--
``(1) determining whether such grants are being used for
the purposes for which such grants are made by the Secretary;
``(2) collecting additional information for the report
required by section 383; and
``(3) providing such information and assistance to such
grantee as will enable such grantee to improve the operation of
the centers, projects, and activities for which such grants are
made.
``(b) Cooperation.--Recipients of grants under this title shall
cooperate with the Secretary's efforts to carry out evaluations, and to
collect information, under this title.''.
(m) Authorization of Appropriations.--Section 385 of the Runaway
and Homeless Youth Act (42 U.S.C. 5751) is amended to read as follows:
``SEC. 389. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--
``(1) Authorization.--There is authorized to be
appropriated to carry out this title (other than part E) such
sums as may be necessary for each of fiscal years 2000 through
2005.
``(2) Allocation.--
``(A) Parts a and b.--From the amount appropriated
under paragraph (1) for a fiscal year, the Secretary
shall reserve not less than 90 percent to carry out
parts A and B.
``(B) Part b.--Of the amount reserved under
subparagraph (A), not less than 20 percent, and not
more than 30 percent, shall be reserved to carry out
part B.
``(3) Parts c and d.--In each fiscal year, after reserving
the amounts required by paragraph (2), the Secretary shall use
the remaining amount (if any) to carry out parts C and D.
``(b) Separate Identification Required.--No funds appropriated to
carry out this title may be combined with funds appropriated under any
other Act if the purpose of combining such funds is to make a single
discretionary grant, or a single discretionary payment, unless such
funds are separately identified in all grants and contracts and are
used for the purposes specified in this title.''.
(n) Sexual Abuse Prevention Program.--
(1) Authority for program.--The Runaway and Homeless Youth
Act (42 U.S.C. 5701 et seq.) is amended--
(A) by striking the heading for part F;
(B) by redesignating part E as part F; and
(C) by inserting after part D the following:
``PART E--SEXUAL ABUSE PREVENTION PROGRAM
``SEC. 351. AUTHORITY TO MAKE GRANTS.
``(a) In General.--The Secretary may make grants to nonprofit
private agencies for the purpose of providing street-based services to
runaway and homeless, and street youth, who have been subjected to, or
are at risk of being subjected to, sexual abuse, prostitution, or
sexual exploitation.
``(b) Priority.--In selecting applicants to receive grants under
subsection (a), the Secretary shall give priority to nonprofit private
agencies that have experience in providing services to runaway and
homeless, and street youth.''.
(2) Authorization of appropriations.--Section 389(a) of the
Runaway and Homeless Youth Act (42 U.S.C. 5751), as amended by
subsection (m) of this section, is amended by adding at the end
the following:
``(4) Part e.--There is authorized to be appropriated to
carry out part E such sums as may be necessary for each of
fiscal years 2000 through 2005.''.
(o) Consolidated Review of Applications.--The Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.) is amended by inserting after
section 384 the following:
``SEC. 385. CONSOLIDATED REVIEW OF APPLICATIONS.
``With respect to funds available to carry out parts A, B, C, D,
and E, nothing in this title shall be construed to prohibit the
Secretary from--
``(1) announcing, in a single announcement, the
availability of funds for grants under 2 or more of such parts;
and
``(2) reviewing applications for grants under 2 or more of
such parts in a single, consolidated application review
process.''.
(p) Definitions.--The Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.) is amended by inserting after section 385, as added by
subsection (o) of this section, the following:
``SEC. 386. DEFINITIONS.
``In this title:
``(1) Drug abuse education and prevention services.--The
term `drug abuse education and prevention services'--
``(A) means services to runaway and homeless youth
to prevent or reduce the illicit use of drugs by such
youth; and
``(B) may include--
``(i) individual, family, group, and peer
counseling;
``(ii) drop-in services;
``(iii) assistance to runaway and homeless
youth in rural areas (including the development
of community support groups);
``(iv) information and training relating to
the illicit use of drugs by runaway and
homeless youth, to individuals involved in
providing services to such youth; and
``(v) activities to improve the
availability of local drug abuse prevention
services to runaway and homeless youth.
``(2) Home-based services.--The term `home-based
services'--
``(A) means services provided to youth and their
families for the purpose of--
``(i) preventing such youth from running
away, or otherwise becoming separated, from
their families; and
``(ii) assisting runaway youth to return to
their families; and
``(B) includes services that are provided in the
residences of families (to the extent practicable),
including--
``(i) intensive individual and family
counseling; and
``(ii) training relating to life skills and
parenting.
``(3) Homeless youth.--The term `homeless youth' means an
individual--
``(A) who is--
``(i) not more than 21 years of age; and
``(ii) for the purposes of part B, not less
than 16 years of age;
``(B) for whom it is not possible to live in a safe
environment with a relative; and
``(C) who has no other safe alternative living
arrangement.
``(4) Street-based services.--The term `street-based
services'--
``(A) means services provided to runaway and
homeless youth, and street youth, in areas where they
congregate, designed to assist such youth in making
healthy personal choices regarding where they live and
how they behave; and
``(B) may include--
``(i) identification of and outreach to
runaway and homeless youth, and street youth;
``(ii) crisis intervention and counseling;
``(iii) information and referral for
housing;
``(iv) information and referral for
transitional living and health care services;
``(v) advocacy, education, and prevention
services related to--
``(I) alcohol and drug abuse;
``(II) sexual exploitation;
``(III) sexually transmitted
diseases, including human
immunodeficiency virus (HIV); and
``(IV) physical and sexual assault.
``(5) Street youth.--The term `street youth' means an
individual who--
``(A) is--
``(i) a runaway youth; or
``(ii) indefinitely or intermittently a
homeless youth; and
``(B) spends a significant amount of time on the
street or in other areas that increase the risk to such
youth for sexual abuse, sexual exploitation,
prostitution, or drug abuse.
``(6) Transitional living youth project.--The term
`transitional living youth project' means a project that
provides shelter and services designed to promote a transition
to self-sufficient living and to prevent long-term dependency
on social services.
``(7) Youth at risk of separation from the family.--The
term `youth at risk of separation from the family' means an
individual--
``(A) who is less than 18 years of age; and
``(B)(i) who has a history of running away from the
family of such individual;
``(ii) whose parent, guardian, or custodian is not
willing to provide for the basic needs of such
individual; or
``(iii) who is at risk of entering the child
welfare system or juvenile justice system as a result
of the lack of services available to the family to meet
such needs.''.
(q) Redesignation of Sections.--Sections 371, 372, 381, 382, 383,
384, 385, and 386 of the Runaway and Homeless Youth Act (42 U.S.C.
5714b-5851 et seq.), as amended by this title, are redesignated as
sections 381, 382, 383, 384, 385, 386, 387, and 388, respectively.
(r) Technical and Conforming Amendment.--Section 331 of the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended in the first
sentence by striking ``With'' and all that follows through ``the
Secretary'', and inserting ``The Secretary''.
SEC. 4204. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.
(a) Findings.--Section 402 of the Missing Children's Assistance Act
(42 U.S.C. 5771) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) for 14 years, the National Center for Missing and
Exploited Children has--
``(A) served as the national resource center and
clearinghouse congressionally mandated under the
provisions of the Missing Children's Assistance Act of
1984; and
``(B) worked in partnership with the Department of
Justice, the Federal Bureau of Investigation, the
Department of the Treasury, the Department of State,
and many other agencies in the effort to find missing
children and prevent child victimization;
``(10) Congress has given the Center, which is a private
non-profit corporation, access to the National Crime
Information Center of the Federal Bureau of Investigation, and
the National Law Enforcement Telecommunications System;
``(11) since 1987, the Center has operated the National
Child Pornography Tipline, in conjunction with the United
States Customs Service and the United States Postal Inspection
Service and, beginning this year, the Center established a new
CyberTipline on child exploitation, thus becoming `the 911 for
the Internet';
``(12) in light of statistics that time is of the essence
in cases of child abduction, the Director of the Federal Bureau
of Investigation in February of 1997 created a new NCIC child
abduction (`CA') flag to provide the Center immediate
notification in the most serious cases, resulting in 642 `CA'
notifications to the Center and helping the Center to have its
highest recovery rate in history;
``(13) the Center has established a national and
increasingly worldwide network, linking the Center online with
each of the missing children clearinghouses operated by the 50
States, the District of Columbia, and Puerto Rico, as well as
with Scotland Yard in the United Kingdom, the Royal Canadian
Mounted Police, INTERPOL headquarters in Lyon, France, and
others, which has enabled the Center to transmit images and
information regarding missing children to law enforcement
across the United States and around the world instantly;
``(14) from its inception in 1984 through March 31, 1998,
the Center has--
``(A) handled 1,203,974 calls through its 24-hour
toll-free hotline (1-800-THE-LOST) and currently
averages 700 calls per day;
``(B) trained 146,284 law enforcement, criminal and
juvenile justice, and healthcare professionals in child
sexual exploitation and missing child case detection,
identification, investigation, and prevention;
``(C) disseminated 15,491,344 free publications to
citizens and professionals; and
``(D) worked with law enforcement on the cases of
59,481 missing children, resulting in the recovery of
40,180 children;
``(15) the demand for the services of the Center is growing
dramatically, as evidenced by the fact that in 1997, the Center
handled 129,100 calls, an all-time record, and by the fact that
its new Internet website (www.missingkids.com) receives
1,500,000 `hits' every day, and is linked with hundreds of
other websites to provide real-time images of breaking cases of
missing children;
``(16) in 1997, the Center provided policy training to 256
police chiefs and sheriffs from 50 States and Guam at its new
Jimmy Ryce Law Enforcement Training Center;
``(17) the programs of the Center have had a remarkable
impact, such as in the fight against infant abductions in
partnership with the healthcare industry, during which the
Center has performed 668 onsite hospital walk-throughs and
inspections, and trained 45,065 hospital administrators,
nurses, and security personnel, and thereby helped to reduce
infant abductions in the United States by 82 percent;
``(18) the Center is now playing a significant role in
international child abduction cases, serving as a
representative of the Department of State at cases under The
Hague Convention, and successfully resolving the cases of 343
international child abductions, and providing greater support
to parents in the United States;
``(19) the Center is a model of public/private partnership,
raising private sector funds to match congressional
appropriations and receiving extensive private in-kind support,
including advanced technology provided by the computer industry
such as imaging technology used to age the photographs of long-
term missing children and to reconstruct facial images of
unidentified deceased children;
``(20) the Center was 1 of only 10 of 300 major national
charities given an A+ grade in 1997 by the American Institute
of Philanthropy; and
``(21) the Center has been redesignated as the Nation's
missing children clearinghouse and resource center once every 3
years through a competitive selection process conducted by the
Office of Juvenile Justice and Delinquency Prevention of the
Department of Justice, and has received grants from that Office
to conduct the crucial purposes of the Center.''.
(b) Definitions.--Section 403 of the Missing Children's Assistance
Act (42 U.S.C. 5772) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the term `Center' means the National Center for
Missing and Exploited Children.''.
(c) Duties and Functions of the Administrator.--Section 404 of the
Missing Children's Assistance Act (42 U.S.C. 5773) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by striking subsection (b) and inserting the following:
``(b) Annual Grant to National Center for Missing and Exploited
Children.--
``(1) In general.--The Administrator shall annually make a
grant to the National Center for Missing and Exploited
Children, which shall be used to--
``(A)(i) operate a national 24-hour toll-free
telephone line by which individuals may report
information regarding the location of any missing
child, or other child 13 years of age or younger whose
whereabouts are unknown to such child's legal
custodian, and request information pertaining to
procedures necessary to reunite such child with such
child's legal custodian; and
``(ii) coordinate the operation of such telephone
line with the operation of the national communications
system referred to in part C of the Runaway and
Homeless Youth Act (42 U.S.C. 5714-11);
``(B) operate the official national resource center
and information clearinghouse for missing and exploited
children;
``(C) provide to State and local governments,
public and private nonprofit agencies, and individuals,
information regarding--
``(i) free or low-cost legal, restaurant,
lodging, and transportation services that are
available for the benefit of missing and
exploited children and their families; and
``(ii) the existence and nature of programs
being carried out by Federal agencies to assist
missing and exploited children and their
families;
``(D) coordinate public and private programs that
locate, recover, or reunite missing children with their
families;
``(E) disseminate, on a national basis, information
relating to innovative and model programs, services,
and legislation that benefit missing and exploited
children;
``(F) provide technical assistance and training to
law enforcement agencies, State and local governments,
elements of the criminal justice system, public and
private nonprofit agencies, and individuals in the
prevention, investigation, prosecution, and treatment
of cases involving missing and exploited children; and
``(G) provide assistance to families and law
enforcement agencies in locating and recovering missing
and exploited children, both nationally and
internationally.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection, $10,000,000 for each of fiscal years 2000 through
2005.
``(c) National Incidence Studies.--The Administrator, either by
making grants to or entering into contracts with public agencies or
nonprofit private agencies, shall--
``(1) periodically conduct national incidence studies to
determine for a given year the actual number of children
reported missing each year, the number of children who are
victims of abduction by strangers, the number of children who
are the victims of parental kidnapings, and the number of
children who are recovered each year; and
``(2) provide to State and local governments, public and
private nonprofit agencies, and individuals information to
facilitate the lawful use of school records and birth
certificates to identify and locate missing children.''.
(d) National Center for Missing and Exploited Children.--Section
405(a) of the Missing Children's Assistance Act (42 U.S.C. 5775(a)) is
amended by inserting ``the National Center for Missing and Exploited
Children and with'' before ``public agencies''.
(e) Authorization of Appropriations.--Section 408 of the Missing
Children's Assistance Act (42 U.S.C. 5777) is amended by striking
``1997 through 2001'' and inserting ``2000 through 2005''.
(f) Repeal of Obsolete Reporting Requirements.--Section 409 of the
Missing Children's Assistance Act (42 U.S.C. 5778) is repealed.
SEC. 4205. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.
(a) Definitions.--In this section, unless otherwise provided or
indicated by the context:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Crime Control and
Prevention established by operation of subsection (b).
(2) Administrator of the office.--The term ``Administrator
of the Office'' means the Administrator of the Office of
Juvenile Justice and Delinquency Prevention.
(3) Bureau of justice assistance.--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.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' by section 551(1) of title 5,
United States Code.
(5) Function.--The term ``function'' means any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(6) Office of juvenile crime control and prevention.--The
term ``Office of Juvenile Crime Control and Prevention'' means
the office established by operation of subsection (b).
(7) Office of juvenile justice and delinquency
prevention.--The term ``Office of Juvenile Justice and
Delinquency Prevention'' means the Office of Juvenile Justice
and Delinquency Prevention of 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.
(8) Office.--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 Prevention 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 date of 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, 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 Prevention.
(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 Prevention 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.--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 date of 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.
(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 Prevention 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 Prevention 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
Prevention; 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 Prevention.
(i) Technical and Conforming Amendments.--
(1) Section 5315 of title 5, United States Code, is amended
by striking ``Administrator, Office of Juvenile Justice and
Delinquency Prevention'' and inserting ``Administrator, Office
of Juvenile Crime Control and Prevention''.
(2) Section 4351(b) of title 18, United States Code, is
amended by striking ``Office of Juvenile Justice and
Delinquency Prevention'' and inserting ``Office of Juvenile
Crime Control and Prevention''.
(3) Subsections (a)(1) and (c) of section 3220 of title 39,
United States Code, are each amended by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each place it
appears and inserting ``Office of Juvenile Crime Control and
Prevention''.
(4) Section 463(f) of the Social Security Act (42 U.S.C.
663(f)) is amended by striking ``Office of Juvenile Justice and
Delinquency Prevention'' and inserting ``Office of Juvenile
Crime Control and Prevention''.
(5) Sections 801(a), 804, 805, and 813 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712(a), 3782, 3785, 3786, 3789i) are amended by striking
``Office of Juvenile Justice and Delinquency Prevention'' each
place it appears and inserting ``Office of Juvenile Crime
Control and Prevention''.
(6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001
et seq.) is amended--
(A) in section 214(b)(1) by striking ``262, 293,
and 296 of subpart II of title II'' and inserting
``299B and 299E'';
(B) in section 214A(c)(1) by striking ``262, 293,
and 296 of subpart II of title II'' and inserting
``299B and 299E'';
(C) in sections 217 and 222 by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each
place it appears and inserting ``Office of Juvenile
Crime Control and Prevention''; and
(D) in section 223(c) by striking ``section 262,
293, and 296'' and inserting ``sections 262, 299B, and
299E''.
(7) The Missing Children's Assistance Act (42 U.S.C. 5771
et seq.) is amended--
(A) in section 403(2) by striking ``Justice and
Delinquency Prevention'' and inserting ``Crime Control
and Delinquency Prevention''; and
(B) in subsections (a)(5)(E) and (b)(1)(B) of
section 404 by striking ``section 313'' and inserting
``section 331''.
(8) The Crime Control Act of 1990 (42 U.S.C. 13001 et seq.)
is amended--
(A) in section 217(c)(1) by striking ``sections
262, 293, and 296 of subpart II of title II'' and
inserting ``sections 299B and 299E''; and
(B) in section 223(c) by striking ``section 262,
293, and 296 of title II'' and inserting ``sections
299B and 299E''.
(j) References.--In any Federal law (excluding this Act and the
Acts amended by this Act), Executive order, rule, regulation, order,
delegation of authority, grant, contract, suit, or document a reference
to the Office of Juvenile Justice and Delinquency Prevention shall be
deemed to include a reference to the Office of Juvenile Crime Control
and Prevention.
CHAPTER 2--ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC PROTECTION
INCENTIVE GRANTS
SEC. 4221. BLOCK GRANT PROGRAM.
(a) In General.--Part R of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to read as
follows:
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General shall make, subject to the
availability of appropriations, grants to States for use by States and
units of local government 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.
``(b) Use of Grants.--Grants under this section may be used by
States and units of local government--
``(1) for programs to enhance the identification,
investigation, prosecution, and punishment of juvenile
offenders, such as--
``(A) the utilization of graduated sanctions;
``(B) the utilization of short-term confinement of
juvenile offenders;
``(C) the incarceration of violent juvenile
offenders for extended periods of time;
``(D) the hiring of juvenile prosecutors, juvenile
public defenders, juvenile judges, juvenile probation
officers, and juvenile correctional officers to
implement policies to control juvenile crime and ensure
accountability of juvenile offenders; and
``(E) the development and implementation of
coordinated, multi-agency systems for--
``(i) the comprehensive and coordinated
booking, identification, and assessment of
juveniles arrested or detained by law
enforcement agencies, including the utilization
of multi-agency facilities such as juvenile
assessment centers; and
``(ii) the coordinated delivery of support
services for juveniles who have had or are at
risk for contact with the juvenile or criminal
systems, including utilization of court-
established local service delivery councils;
``(2) for programs that require juvenile offenders to make
restitution to the victims of offenses committed by those
juvenile offenders;
``(3) for programs that require juvenile offenders to
attend and successfully complete school or vocational training
as part of a sentence imposed by a court;
``(4) for programs that require juvenile offenders who are
parents to demonstrate parental responsibility by working and
paying child support;
``(5) for programs that seek to curb or punish truancy;
``(6) for programs designed to collect, record, retain, and
disseminate information useful in the identification,
prosecution, and sentencing of juvenile offenders, such as
criminal history information, fingerprints, DNA tests, and
ballistics tests;
``(7) 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, popularly known as a `SHOCAP Program'
(Serious Habitual Offenders Comprehensive Action Program);
``(8) for the development and implementation of coordinated
multijurisdictional or multiagency programs for the
identification, control, supervision, prevention,
investigation, and disruption of youth gangs;
``(9) for the construction or remodeling of short- and
long-term facilities for juvenile offenders;
``(10) for the development and implementation of
technology, equipment, training programs for juvenile crime
control, for law enforcement officers, judges, prosecutors,
probation officers, and other court personnel who are employed
by State and local governments, in furtherance of the purposes
identified in this section; and
``(11) for programs to seek to target, curb, and punish
adults who knowingly and intentionally use a juvenile during
the commission or attempted commission of a crime, including
programs that specifically provide for additional punishments
or sentence enhancements for adults who knowingly and
intentionally use a juvenile during the commission or attempted
commission of a crime.
``(c) Requirements.--To be eligible to receive an incentive grant
under this section, a State shall submit to the Attorney General an
application, in such form as shall be prescribed by the Attorney
General, which shall contain assurances that, not later than 1 year
after the date on which the State submits such application--
``(1) the State has established or will establish a system
of graduated sanctions for juvenile offenders that ensures
appropriate sanctions, which are graduated to reflect the
severity or repeated nature of violations, for each act of
delinquency;
``(2) the State has established or will establish a policy
of drug testing (including followup testing) juvenile offenders
upon their arrest for any offense within an appropriate
category of offenses designated by the chief executive officer
of the State; and
``(3) the State has an established policy recognizing the
rights and needs of victims of crimes committed by juveniles.
``(d) Allocation and Distribution of State Grants.--
``(1) In general.--
``(A) State and local distribution.--Subject to
subparagraph (B), of amounts made available to the
State, 30 percent may be retained by the State for use
pursuant to paragraph (2) and 70 percent shall be
reserved by the State for local distribution pursuant
to paragraph (3).
``(B) Special rule.--The Attorney General may waive
the requirements of this paragraph with respect to any
State in which the criminal and juvenile justice
services for delinquent or other youth are organized
primarily on a statewide basis, in which case not more
than 50 percent of funds shall be made available to all
units of local government in that State pursuant to
paragraph (3).
``(2) Other distribution.--Of amounts retained by the State
under paragraph (1) not less than 50 percent shall be
designated for--
``(A) programs pursuant to paragraph (1) or (9) of
subsection (b), except that if the State designates any
amounts for purposes of construction or remodeling of
short- or long-term facilities pursuant to subsection
(b)(9), such amounts shall constitute not more than 50
percent of the estimated construction or remodeling
cost and that no funds expended pursuant to this
subparagraph may be used for the incarceration of any
offender who was more than 21 years of age at the time
of the offense, and no funds expended pursuant to this
subparagraph may be used for construction, renovation,
or expansion of facilities for such offenders, except
that funds may be used to construct juvenile facilities
collocated with adult facilities; or
``(B) drug testing upon arrest for any offense
within the category of offenses designated pursuant to
subsection (c)(3), and intensive supervision thereafter
pursuant to programs under subsection (b)(7) and
subsection (c)(3).
``(3) Local eligibility and distribution.--
``(A) In general.--
``(i) Local distribution subgrant
eligibility.--To be eligible to receive a
subgrant, a unit of local government shall
provide such assurances to the State as the
State shall require, that, to the maximum
extent applicable, the unit of local government
has laws or policies and programs that comply
with the eligibility requirements of subsection
(c).
``(ii) Coordinated local effort.--Prior to
receiving a grant under this section, a unit of
local government shall certify that it has or
will establish a coordinated enforcement plan
for reducing juvenile crime within the
jurisdiction of the unit of local government,
developed by a juvenile crime enforcement
coalition, such coalition consisting of
individuals within the jurisdiction
representing the police, sheriff, prosecutor,
State or local probation services, juvenile
court, schools, business, and religious
affiliated, fraternal, nonprofit, or social
service organizations involved in crime
prevention.
``(B) Special rule.--The requirements of
subparagraph (A) shall apply to an eligible unit that
receives funds from the Attorney General under
subparagraph (H), except that information that would
otherwise be submitted to the State shall be submitted
to the Attorney General.
``(C) Local distribution.--From amounts reserved
for local distribution under paragraph (1), the State
shall allocate to such units of local government an
amount that bears the same ratio to the aggregate
amount of such funds as--
``(i) the sum of--
``(I) the product of--
``(aa) two-thirds;
multiplied by
``(bb) the average law
enforcement expenditure for
such unit of local government
for the 3 most recent calendar
years for which such data is
available; plus
``(II) the product of--
``(aa) one-third;
multiplied by
``(bb) the average annual
number of part 1 violent crimes
in such unit of local
government for the 3 most
recent calendar years for which
such data is available, bears
to--
``(ii) the sum of the products determined
under subparagraph (A) for all such units of
local government in the State.
``(D) Expenditures.--The allocation any unit of
local government shall receive under paragraph (1) for
a payment period shall not exceed 100 percent of law
enforcement expenditures of the unit for such payment
period.
``(E) Reallocation.--The amount of any unit of
local government's allocation that is not available to
such unit by operation of paragraph (2) shall be
available to other units of local government that are
not affected by such operation in accordance with this
subsection.
``(F) Unavailability of data for units of local
government.--If the State has reason to believe that
the reported rate of part 1 violent crimes or law
enforcement expenditure for a unit of local government
is insufficient or inaccurate, the State shall--
``(i) investigate the methodology used by
the unit to determine the accuracy of the
submitted data; and
``(ii) if necessary, use the best available
comparable data regarding the number of violent
crimes or law enforcement expenditure for the
relevant years for the unit of local
government.
``(G) Local government with allocations less than
$5,000.--If, under this section, a unit of local
government is allocated less than $5,000 for a payment
period, the amount allocated shall be expended by the
State on services to units of local government whose
allotment is less than such amount in a manner
consistent with this part.
``(H) Direct grants to eligible units.--
``(i) In general.--If a State does not
qualify or apply for a grant under this
section, by the application deadline
established by the Attorney General, the
Attorney General shall reserve not more than 70
percent of the allocation that the State would
have received for grants under this section
under subsection (e) for such fiscal year to
provide grants to eligible units that meet the
requirements for funding under subparagraph
(A).
``(ii) Award basis.--In addition to the
qualification requirements for direct grants
for eligible units the Attorney General may use
the average amount allocated by the States to
like governmental units as a basis for awarding
grants under this section.
``(I) Allocation by units of local government.--Of
amounts made available under this section to a unit of
local government, not less than 50 percent shall be
designated for--
``(i) paragraph (1) or (9) of subsection
(b), except that, if amounts are allocated for
purposes of construction or remodeling of
short- or long-term facilities pursuant to
subsection (b)(9)--
``(I) the unit of local government
shall coordinate such expenditures with
similar State expenditures;
``(II) Federal funds shall
constitute not more than 50 percent of
the estimated construction or
remodeling cost; and
``(III) no funds expended pursuant
to this clause may be used for the
incarceration of any offender who was
more than 21 years of age at the time
of the offense or for construction,
renovation, or expansion of facilities
for such offenders, except that funds
may be used to construct juvenile
facilities collocated with adult
facilities, including separate
buildings for juveniles and separate
juvenile wings, cells, or areas
collocated within an adult jail or
lockup; or
``(ii) drug testing upon arrest for any
offense within the category of offenses
designated pursuant to subsection (c)(3), and
intensive supervision thereafter pursuant to
programs under subsection (b)(7) and subsection
(c)(3).
``(4) Nonsupplantation.--Amounts made available under this
section to the States (or units of local government in the
State) shall not be used to supplant State or local funds (or
in the case of Indian tribal governments, to supplant amounts
provided by the Bureau of Indian Affairs) but shall be used to
increase the amount of funds that would in the absence of
amounts received under this section, be made available from a
State or local source, or in the case of Indian tribal
governments, from amounts provided by the Bureau of Indian
Affairs.
``(e) Allocation of Grants Among Qualifying States; Restrictions on
Use.--
``(1) Allocation.--Amounts made available under this
section shall be allocated as follows:
``(A) 0.5 percent shall be allocated to each
eligible State.
``(B) The amount remaining after the allocation
under subparagraph (A) shall be allocated
proportionately based on the population that is less
than 18 years of age in the eligible States.
``(2) Restrictions on use.--Amounts made available under
this section shall be subject to the restrictions of
subsections (a) and (b) of section 292 of the Juvenile Justice
and Delinquency Prevention Act of 1974, except that the
penalties in section 292(c) of such Act do not apply.
``(f) Grants to Indian Tribes.--
``(1) Reservation of funds.--Notwithstanding any other
provision of law, from the amounts appropriated pursuant to
section 291 of the Juvenile Justice and Delinquency Prevention
Act of 1974, for each fiscal year, the Attorney General shall
reserve an amount equal to the amount to which all Indian
tribes eligible to receive a grant under paragraph (3) would
collectively be entitled, if such tribes were collectively
treated as a State to carry out this subsection.
``(2) Grants to indian tribes.--From the amounts reserved
under paragraph (1), the Attorney General shall make grants to
Indian tribes for programs pursuant to the permissible purposes
under section 1801.
``(3) Applications.--To be eligible to receive a grant
under this subsection, an Indian tribe shall submit to the
Attorney General an application in such form and containing
such information as the Attorney General may by regulation
require. The requirements of subsection (c) apply to grants
under this subsection.
``SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.
``(a) In General.--The Attorney General, through the Director of
the Bureau of Justice Statistics and with consultation and coordination
with the Office of Justice Programs and the Attorney General, upon
application from a State (in such form and containing such information
as the Attorney General may reasonably require) shall make a grant to
each eligible State to be used by the State exclusively for purposes of
meeting the eligibility requirements of subsection (b).
``(b) Eligibility.--A State is eligible for a grant under
subsection (a) if its application provides assurances that, not later
than 3 years after the date on which such application is submitted, the
State will--
``(1) maintain, at the adult State central repository in
accordance with the State's established practices and policies
relating to adult criminal history records--
``(A) a fingerprint supported record of the
adjudication of delinquency of any juvenile who commits
an act that, if committed by an adult, would constitute
the offense of murder, armed robbery, rape (except
statutory rape), or a felony offense involving sexual
molestation of a child, or a conspiracy or attempt to
commit any such offense (all as defined by State law),
that is equivalent to, and maintained and disseminated
in the same manner and for the same purposes as are
adult criminal history records for the same offenses,
except that the record may include a notation of
expungement pursuant to State law; and
``(B) a fingerprint supported record of the
adjudication of delinquency of any juvenile who commits
an act that, if committed by an adult, would be a
felony other than a felony described in subparagraph
(A) that is equivalent to, and maintained and
disseminated in the same manner for any criminal
justice purpose as are adult criminal history records
for the same offenses, except that the record may
include a notation of expungement pursuant to State
law; and
``(2) will establish procedures by which an official of an
elementary, secondary, and post-secondary school may, in
appropriate circumstances (as defined by applicable State law),
gain access to the juvenile adjudication record of a student
enrolled at the school, or a juvenile who seeks, intends, or is
instructed to enroll at that school, if--
``(A) the official is subject to the same standards
and penalties under applicable Federal and State law
relating to the handling and disclosure of information
contained in juvenile adjudication records as are
employees of law enforcement and juvenile justice
agencies in the State; and
``(B) information contained in the juvenile
adjudication record may not be used for the purpose of
making an admission determination.
``(c) Validity of Certain Judgments.--Nothing in this section shall
require States, in order to qualify for grants under this title, to
modify laws concerning the status of any adjudication of juvenile
delinquency or judgment of conviction under the law of the State that
entered the judgment.
``(d) Definitions.--In this section--
``(1) the term `criminal justice purpose' means the use by
and within the criminal justice system for the detection,
apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, sentencing, disposition,
correctional supervision, or rehabilitation of accused persons,
criminal offenders, or juvenile delinquents; and
``(2) the term `expungement' means the nullification of the
legal effect of the conviction or adjudication to which the
record applies.''.
SEC. 4222. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL
JUVENILE CRIME REDUCTION STRATEGIES.
(a) Pilot Program To Promote Replication of Recent Successful
Juvenile Crime Reduction Strategies.--
(1) Establishment.--The Attorney General (or a designee of
the Attorney General), in conjunction with the Secretary of the
Treasury (or the designee of the Secretary), shall establish a
pilot program (referred to in this section as the ``program'')
to encourage and support communities that adopt a comprehensive
approach to suppressing and preventing violent juvenile crime
patterned after successful State juvenile crime reduction
strategies.
(2) Program.--In carrying out the program, the Attorney
General shall--
(A) make and track grants to grant recipients
(referred to in this section as ``coalitions'');
(B) in conjunction with the Secretary of the
Treasury, provide for technical assistance and
training, data collection, and dissemination of
relevant information; and
(C) provide for the general administration of the
program.
(3) Administration.--Not later than 30 days after the date
of enactment of this Act, the Attorney General shall appoint or
designate an Administrator (referred to in this section as the
``Administrator'') to carry out the program.
(4) Program authorization.--To be eligible to receive an
initial grant or a renewal grant under this section, a
coalition shall meet each of the following criteria:
(A) Composition.--The coalition shall consist of 1
or more representatives of--
(i) the local police department or
sheriff's department;
(ii) the local prosecutors' office;
(iii) the United States Attorney's office;
(iv) the Federal Bureau of Investigation;
(v) the Bureau of Alcohol, Tobacco and
Firearms;
(vi) State or local probation officers;
(vii) religious affiliated or fraternal
organizations involved in crime prevention;
(viii) schools;
(ix) parents or local grass roots
organizations such as neighborhood watch
groups; and
(x) social service agencies involved in
crime prevention.
(B) Other participants.--If possible, in addition
to the representatives from the categories listed in
subparagraph (A), the coalition shall include--
(i) representatives from the business
community; and
(ii) researchers who have studied criminal
justice and can offer technical or other
assistance.
(C) Coordinated strategy.--A coalition shall submit
to the Attorney General, or the Attorney General's
designee, a comprehensive plan for reducing violent
juvenile crime. To be eligible for consideration, a
plan shall--
(i) ensure close collaboration among all
members of the coalition in suppressing and
preventing juvenile crime;
(ii) place heavy emphasis on coordinated
enforcement initiatives, such as Federal and
State programs that coordinate local police
departments, prosecutors, and local community
leaders to focus on the suppression of violent
juvenile crime involving gangs;
(iii) ensure that there is close
collaboration between police and probation
officers in the supervision of juvenile
offenders, such as initiatives that coordinate
the efforts of parents, school officials, and
police and probation officers to patrol the
streets and make home visits to ensure that
offenders comply with the terms of their
probation;
(iv) ensure that a program is in place to
trace all firearms seized from crime scenes or
offenders in an effort to identify illegal gun
traffickers; and
(v) ensure that effective crime prevention
programs are in place, such as programs that
provide after-school safe havens and other
opportunities for at-risk youth to escape or
avoid gang or other criminal activity, and to
reduce recidivism.
(D) Accountability.--A coalition shall--
(i) establish a system to measure and
report outcomes consistent with common
indicators and evaluation protocols established
by the Administrator and that receives the
approval of the Administrator; and
(ii) devise a detailed model for measuring
and evaluating the success of the plan of the
coalition in reducing violent juvenile crime,
and provide assurances that the plan will be
evaluated on a regular basis to assess progress in reducing violent
juvenile crime.
(5) Grant amounts.--
(A) In general.--The Administrator may grant to an
eligible coalition under this paragraph, an amount not
to exceed the amount of non-Federal funds raised by the
coalition, including in-kind contributions, for that
fiscal year.
(B) Nonsupplanting requirement.--A coalition
seeking funds shall provide reasonable assurances that
funds made available under this program to States or
units of local government shall be so used as to
supplement and increase (but not supplant) the level of
the State, local, and other non-Federal funds that
would in the absence of such Federal funds be made
available for programs described in this section, and
shall in no event replace such State, local, or other
non-Federal funds.
(C) Suspension of grants.--If a coalition fails to
continue to meet the criteria set forth in this
section, the Administrator may suspend the grant, after
providing written notice to the grant recipient and an
opportunity to appeal.
(D) Renewal grants.--Subject to subparagraph (D),
the Administrator may award a renewal grant to grant
recipient under this subparagraph for each fiscal year
following the fiscal year for which an initial grant is
awarded, in an amount not to exceed the amount of non-
Federal funds raised by the coalition, including in-
kind contributions, for that fiscal year, during the 4-
year period following the period of the initial grant.
(E) Limitation.--The amount of a grant award under
this section may not exceed $300,000 for a fiscal year.
(6) Permitted use of funds.--A coalition receiving funds
under this section may expend such Federal funds on any use or
program that is contained in the plan submitted to the
Administrator.
(7) Congressional consultation.--
(A) In general.--Two years after the date of
implementation of the program established in this
section, the Comptroller General of the United States
shall submit to Congress a report reviewing the
effectiveness of the program in suppressing and
reducing violent juvenile crime in the participating
communities.
(B) Contents of report.--The report submitted under
subparagraph (A) shall include--
(i) an analysis of each community
participating in the program, along with
information regarding the plan undertaken in
the community, and the effectiveness of the
plan in reducing violent juvenile crime; and
(ii) recommendations regarding the efficacy
of continuing the program.
(b) Information Collection and Dissemination With Respect to
Coalitions.--
(1) Coalition information.--For the purpose of audit and
examination, the Attorney General--
(A) shall have access to any books, documents,
papers, and records that are pertinent to any grant or
grant renewal request under this section; and
(B) may periodically request information from a
coalition to ensure that the coalition meets the
applicable criteria.
(2) Reporting.--The Attorney General shall, to the maximum
extent practicable and in a manner consistent with applicable
law, minimize reporting requirements by a coalition and
expedite any application for a renewal grant made under this
section.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years 2000
through 2003.
(2) Source of sums.--Amounts authorized to be appropriated
pursuant to this subsection may be derived from the Violent
Crime Reduction Trust Fund.
SEC. 4223. 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 C, and subtitles G
through S.
(2) 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) Reform of GREAT Program.--Section 32401(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13921(a)) is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Selection of communities.--
``(A) In general.--Each community identified for a
GREAT project referred to in paragraph (1) shall be
selected by the Secretary of the Treasury on the basis
of--
``(i) the level of gang activity and youth
violence in the area in which the community is
located;
``(ii) the number of schools in the
community in which training would be provided
under the project;
``(iii) the number of students who would
receive the training referred to in clause (ii)
in schools referred to in that clause; and
``(iv) a written description from officials
of the community explaining the manner in which
funds made available to the community under
this section would be allocated.
``(B) Equitable selection.--The Secretary of the
Treasury shall ensure that--
``(i) communities are identified and
selected for GREAT projects under this
subsection on an equitable geographic basis
(except that this clause shall not be construed
to require the termination of any projects
selected prior to the beginning of fiscal year
1999); and
``(ii) the communities referred to in
clause (i) include rural communities.''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``50 percent''
and inserting ``85 percent''; and
(B) in subparagraph (B), by striking ``50 percent''
and inserting ``15 percent''.
SEC. 4224. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.
Section 310001(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211(b)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) for fiscal year 2001, $1,000,000,000.''.
SEC. 4225. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE
ALIENS.
(a) In General.--Section 501 of the Immigration Reform and Control
Act of 1986 (8 U.S.C. 1365) is amended--
(1) in subsection (a), by inserting ``or illegal juvenile
alien who has been adjudicated delinquent and committed to a
juvenile correctional facility by such State or locality''
before the period;
(2) in subsection (b), by inserting ``(including any
juvenile alien who has been adjudicated delinquent and has been
committed to a correctional facility)'' before ``who is in the
United States unlawfully''; and
(3) by adding at the end the following:
``(f) Juvenile Alien Defined.--In this section, the term `juvenile
alien' means an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act) who has been adjudicated delinquent
and committed to a correctional facility by a State or locality as a
juvenile offender.''.
(b) Annual Report.--Section 332 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the number of illegal juvenile aliens that are
committed to State or local juvenile correctional facilities,
including the type of offense committed by each juvenile.''.
(c) Technical and Conforming Amendment.--Section 241(i)(3)(B) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is
amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) is a juvenile alien with respect to
whom section 501 of the Immigration Reform and
Control Act of 1986 applies.''.
SEC. 4226. SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) juveniles between the ages of 10 years and 14 years are
committing an increasing number of murders and other serious
crimes;
(2) on March 24, 1998, 11-year-old Andrew Golden and 13-
year-old Mitchell Johnson shot and killed 4 fellow students and
a teacher and injured 10 additional students in Jonesboro,
Arkansas;
(3) Golden and Mitchell executed an elaborate scheme to
carry out their preplanned attack, including faking illness to
miss school, stealing a vehicle from a parent, attempting to
use a blowtorch and hammer to break into a locked gun safe,
breaking a window to gain access to a grandparent's house and
steal several firearms from the house, and pulling a fire alarm
to draw the students and teachers from the school out into the
open;
(4) under Arkansas State law, neither of the gunmen could
be charged as an adult despite the viciousness of the crimes
and the clear and well-planned intent demonstrated by the
gunmen in carrying out their scheme;
(5) the tragedy in Jonesboro, Arkansas, is, unfortunately,
an all too common occurrence in the United States;
(6) few States have laws that allow individuals between the
ages of 10 years and 14 years to be tried as adults, even if
they commit an offense that, if committed by an adult, would be
a felony offense for which the maximum penalty is a sentence of
death; and
(7) the juvenile and criminal justice systems in the United
States are not yet equipped to handle the sad reality that 11-
and 13-year-old individuals are committing crimes that shock
the Nation's conscience and that would often result in a
sentence of death if the offenders were older.
(b) Sense of Congress.--It is the sense of Congress that each State
should enact legislation to provide that, on motion of the prosecution
and with approval of a court, an individual who is not less than 10
years of age and not more than 14 years of age, may be tried as an
adult and, upon conviction, may be subject to any penalty (other than a
sentence of death) if the individual is charged with an offense that,
if committed by an adult, would be a felony offense for which the
maximum penalty is a sentence of death.
CHAPTER 3--ALTERNATIVE EDUCATION AND DELINQUENCY PREVENTION
SEC. 4231. ALTERNATIVE EDUCATION.
Part D of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6421 et seq.) is amended by adding at the end the
following:
``Subpart 4--Alternative Education Demonstration Project Grants
``SEC. 1441. PROGRAM AUTHORITY.
``(a) Grants.--
``(1) In general.--From amounts appropriated under section
1443, the Secretary, in consultation with the Administrator,
shall make grants to State educational agencies or local
educational agencies for not less than 10 demonstration
projects that enable the agencies to develop models for and
carry out alternative education for at-risk youth.
``(2) Construction.--Nothing in this subpart shall be
construed to affect the requirements of the Individuals with
Disabilities Education Act.
``(b) Demonstration Projects.--
``(1) Partnerships.--Each agency receiving a grant under
this subpart may enter into a partnership with a private sector
entity to provide alternative educational services to at-risk
youth.
``(2) Requirements.--Each demonstration project assisted
under this subpart shall--
``(A) accept for alternative education at-risk or
delinquent youth who are referred by a local school or
by a court with a juvenile delinquency docket and who--
``(i) have demonstrated a pattern of
serious and persistent behavior problems in
regular schools;
``(ii) are at risk of dropping out of
school;
``(iii) have been convicted of a criminal
offense or adjudicated delinquent for an act of
juvenile delinquency, and are under a court's
supervision; or
``(iv) have demonstrated that continued
enrollment in a regular classroom--
``(I) poses a physical threat to
other students; or
``(II) inhibits an atmosphere
conducive to learning; and
``(B) provide for accelerated learning, in a safe,
secure, and disciplined environment, including--
``(i) basic curriculum focused on mastery
of essential skills, including targeted
instruction in basic skills required for
secondary school graduation; and
``(ii) emphasis on--
``(I) personal, academic, social,
and workplace skills; and
``(II) behavior modification.
``(c) Applicability.--Except as provided in subsections (c) and (e)
of section 1442, the provisions of section 1401(c), 1402, and 1431, and
subparts 1 and 2, shall not apply to this subpart.
``(d) Definition of Administrator.--In this subpart, the term
`Administrator' means the Administrator of the Office of Juvenile Crime
Control and Prevention of the Department of Justice.
``SEC. 1442. APPLICATIONS; GRANTEE SELECTION.
``(a) Applications.--Each State educational agency and local
educational agency seeking a grant under this subpart shall submit an
application in such form, and containing such information, as the
Secretary, in consultation with the Administrator, may reasonably
require.
``(b) Selection of Grantees.--
``(1) In general.--The Secretary shall select State
educational agencies and local educational agencies to receive
grants under this subpart on an equitable geographic basis,
including selecting agencies that serve urban, suburban, and
rural populations.
``(2) Minimum.--The Secretary shall award a grant under
this subpart to not less than 1 agency serving a population
with a significant percentage of Native Americans.
``(3) Priority.--In awarding grants under this subpart, the
Secretary may give priority to State educational agencies and
local educational agencies that demonstrate in the application
submitted under subsection (a) that the State has a policy of
equitably distributing resources among school districts in the
State.
``(c) Qualifications.--To qualify for a grant under this subpart, a
State educational agency or local educational agency shall--
``(1) in the case of a State educational agency, have
submitted a State plan under section 1414(a) that is approved
by the Secretary;
``(2) in the case of a local educational agency, have
submitted an application under section 1423 that is approved by
the State educational agency;
``(3) certify that the agency will comply with the
restrictions of section 292 of the Juvenile Justice and
Delinquency Prevention Act of 1974;
``(4) explain the educational and juvenile justice needs of
the community to be addressed by the demonstration project;
``(5) provide a detailed plan to implement the
demonstration project; and
``(6) provide assurances and an explanation of the agency's
ability to continue the program funded by the demonstration
project after the termination of Federal funding under this
subpart.
``(d) Matching Requirement.--
``(1) In general.--Grant funds provided under this subpart
shall not constitute more than 35 percent of the cost of the
demonstration project funded.
``(2) Source of funds.--Matching funds for grants under
this subpart may be derived from amounts available under
section 205, or part B of title II, of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) to
the State in which the demonstration project will be carried
out, except that the total share of funds derived from Federal
sources shall not exceed 50 percent of the cost of the demonstration
project.
``(e) Program Evaluation.--
``(1) In general.--Each State educational agency or local
educational agency that receives a grant under this subpart
shall evaluate the demonstration project assisted under this
subpart in the same manner as programs are evaluated under
section 1431. In addition, the evaluation shall include--
``(A) an evaluation of the effect of the
alternative education project on order, discipline, and
an effective learning environment in regular
classrooms;
``(B) an evaluation of the project's effectiveness
in improving the skills and abilities of at-risk
students assigned to alternative education, including
an analysis of the academic and social progress of such
students; and
``(C) an evaluation of the project's effectiveness
in reducing juvenile crime and delinquency, including--
``(i) reductions in incidents of campus
crime in relevant school districts, compared
with school districts not included in the
project; and
``(ii) reductions in recidivism by at-risk
students who have juvenile justice system
involvement and are assigned to alternative
education.
``(2) Evaluation by the secretary.--The Secretary, in
cooperation with the Administrator, shall comparatively
evaluate each of the demonstration projects funded under this
subpart, including an evaluation of the effectiveness of
private sector educational services, and shall report the
findings of the evaluation to the Committee on Education and
the Workforce of the House of Representatives and the
Committees on the Judiciary and Health, Education, Labor and
Pensions of the Senate not later than June 30, 2005.
``SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$15,000,000 for each of fiscal years 2000, 2001, 2002, and 2003.''.
Subtitle C--General Provisions
SEC. 4301. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT JUVENILE
OFFENDERS.
(a) Definition.--Section 921(a)(20) of title 18, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(20)'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) For purposes of subsections (d) and (g) of section 922, the
term `act of violent juvenile delinquency' means an adjudication of
delinquency in Federal or State court, based on a finding of the
commission of an act by a person prior to his or her eighteenth
birthday that, if committed by an adult, would be a serious or violent
felony, as defined in section 3559(c)(2)(F)(i) had Federal jurisdiction
existed and been exercised (except that section 3559(c)(3) shall not
apply to this subparagraph).''; and
(4) in the undesignated paragraph following subparagraph
(B) (as added by paragraph (3) of this subsection), by striking
``What constitutes'' and all that follows through ``this
chapter,'' and inserting the following:
``(C) What constitutes a conviction of such a crime or an
adjudication of an act of violent juvenile delinquency shall be
determined in accordance with the law of the jurisdiction in which the
proceedings were held. Any State conviction or adjudication of an act
of violent juvenile delinquency that has been expunged or set aside, or
for which a person has been pardoned or has had civil rights restored,
by the jurisdiction in which the conviction or adjudication of an act
of violent juvenile delinquency occurred shall not be considered to be
a conviction or adjudication of an act of violent juvenile delinquency
for purposes of this chapter,''.
(b) Prohibition.--Section 922 of title 18, United States Code, is
amended--
(1) in subsection (d)--
(A) in paragraph (8), by striking ``or'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) has committed an act of violent juvenile
delinquency.''; and
(2) in subsection (g)--
(A) in paragraph (8), by striking ``or'' at the
end;
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has committed an act of violent juvenile
delinquency,''.
(c) Effective Date of Adjudication Provisions.--The amendments made
by this section shall only apply to an adjudication of an act of
violent juvenile delinquency that occurs after the date that is 30 days
after the date on which the Attorney General certifies to Congress and
separately notifies Federal firearms licensees, through publication in
the Federal Register by the Secretary of the Treasury, that the records
of such adjudications are routinely available in the national instant
criminal background check system established under section 103(b) of
the Brady Handgun Violence Prevention Act.
SEC. 4302. PROTECTING JUVENILES FROM ALCOHOL ABUSE.
The Act entitled ``An Act divesting intoxicating liquors of their
interstate character in certain cases'', approved March 1, 1913
(commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended
by adding at the end the following:
``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.
``(a) Definitions.--In this section--
``(1) the term `attorney general' means the attorney
general or other chief law enforcement officer of a State, or
the designee thereof;
``(2) the term `intoxicating liquor' means any spirituous,
vinous, malted, fermented, or other intoxicating liquor of any
kind;
``(3) the term `person' means any individual and any
partnership, corporation, company, firm, society, association,
joint stock company, trust, or other entity capable of holding
a legal or beneficial interest in property, but does not
include a State or agency thereof; and
``(4) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United States.
``(b) Action by State Attorney General.--If the attorney general of
a State has reasonable cause to believe that a person is engaged in, is
about to engage in, or has engaged in, any act that would constitute a
violation of a State law regulating the importation or transportation
of any intoxicating liquor, the attorney general may bring a civil
action in accordance with this section for injunctive relief (including
a preliminary or permanent injunction or other order) against the
person, as the attorney general determines to be necessary to--
``(1) restrain the person from engaging, or continuing to
engage, in the violation; and
``(2) enforce compliance with the State law.
``(c) Federal Jurisdiction.--
``(1) In general.--The district courts of the United States
shall have jurisdiction over any action brought under this
section.
``(2) Venue.--An action under this section may be brought
only in accordance with section 1391 of title 28, United States
Code.
``(d) Requirements for Injunctions and Orders.--
``(1) In general.--In any action brought under this
section, upon a proper showing by the attorney general of the
State, the court shall issue a preliminary or permanent
injunction or other order without requiring the posting of a
bond.
``(2) Notice.--No preliminary or permanent injunction or
other order may be issued under paragraph (1) without notice to
the adverse party.
``(3) Form and scope of order.--Any preliminary or
permanent injunction or other order entered in an action
brought under this section shall--
``(A) set forth the reasons for the issuance of the
order;
``(B) be specific in terms;
``(C) describe in reasonable detail, and not by
reference to the complaint or other document, the act
or acts to be restrained; and
``(D) be binding only upon--
``(i) the parties to the action and the
officers, agents, employees, and attorneys of
those parties; and
``(ii) persons in active cooperation or
participation with the parties to the action
who receive actual notice of the order by
personal service or otherwise.
``(e) Consolidation of Hearing With Trial on Merits.--
``(1) In general.--Before or after the commencement of a
hearing on an application for a preliminary or permanent
injunction or other order under this section, the court may
order the trial of the action on the merits to be advanced and
consolidated with the hearing on the application.
``(2) Admissibility of evidence.--If the court does not
order the consolidation of a trial on the merits with a hearing
on an application described in paragraph (1), any evidence
received upon an application for a preliminary or permanent
injunction or other order that would be admissible at the trial
on the merits shall become part of the record of the trial and
shall not be required to be received again at the trial.
``(f) No Right to Trial by Jury.--An action brought under this
section shall be tried before the court.
``(g) Additional Remedies.--
``(1) In general.--A remedy under this section is in
addition to any other remedies provided by law.
``(2) State court proceedings.--Nothing in this section may
be construed to prohibit an authorized State official from
proceeding in State court on the basis of an alleged violation
of any State law.''.
TITLE V--PROTECTING VICTIMS OF CRIME
Subtitle A--Victims Rights
SEC. 5001. SHORT TITLE.
This subtitle may be cited as the ``Victims Rights Act of 1999''.
CHAPTER 1--GENERAL REFORMS
SEC. 5101. VICTIM ALLOCUTION IN PRETRIAL DETENTION PROCEEDINGS.
(a) Pending Trial.--Section 3141(a) of title 18, United States
Code, is amended by striking ``A judicial'' and inserting ``After
considering all relevant information, including the views of the
victims, a judicial''.
(b) Detention Hearing.--Section 3142(f) of title 18, United States
Code, is amended by inserting before ``The facts the judicial officer
uses'' the following: ``Each victim of the offense, if present in
person or through counsel, shall be afforded an opportunity to address
the court on the issue of detention, either in person or through
counsel. A victim who, at the time of the hearing under this
subsection, is incarcerated in any Federal, State, or local
correctional or detention facility, shall not have the right to appear
in person, but shall be afforded a reasonable opportunity to present
views by alternate means.''.
(c) Factors To Be Considered.--Section 3142(g) of title 18, United
States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) the views of the victim; and''.
(d) Right To Be Notified of Detention Hearing and Right To Be Heard
on the Issue of Detention.--Section 3142 of title 18, United States
Code, is amended by adding at the end the following:
``(k) Notification of Right To Be Heard.--
``(1) In general.--Prior to any detention hearing scheduled
pursuant to subsection (f)--
``(A) the Government shall make a reasonable effort
to notify the victim of the hearing, and of the right
of the victim to be heard on the issue of detention;
and
``(B) at the hearing under subsection (f), the
court shall inquire of the Government as to whether the
efforts at notification of the victim under
subparagraph (A) were successful and, if so, whether
the victim wishes to be heard on the issue of detention
and, if so, shall afford the victim such an
opportunity.
``(2) Limitation.--Upon motion of either party that
identification of the defendant by the victim is a fact in
dispute, and that no means of verification has been attempted,
the Court shall use appropriate measures to protect the
integrity of the identification process.
``(3) Victim contact information.--With respect to any case
described in paragraph (1), the victim shall notify the
appropriate authority of an address or other means of contact
by which notification under this subsection may be made. The
confidentiality of any information relating to a victim shall
be maintained.''.
SEC. 5102. VICTIM DEFINED.
Section 3156(a) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the term `victim'--
``(A) means an individual harmed--
``(i) as a result of a commission of an
offense involving death or bodily injury to any
person, a sexual assault, or an attempted
sexual assault; or
``(ii) by any fraud or misrepresentation
relating to a sale or other tract for any item,
benefit, product, or service; and
``(B) includes--
``(i) in the case of a victim who is less
than 18 years of age or incompetent, the parent
or legal guardian of the victim;
``(ii) in the case of a victim who is
deceased or incapacitated, 1 or more family
members designated by the court; and
``(iii) any other person appointed by the
court to represent the victim, except that in
no event shall a defendant be appointed as the
representative or guardian of the victim.''.
SEC. 5103. RIGHT OF VICTIM TO SPEEDY TRIAL.
Section 3161(h)(8)(B) of title 18, United States Code, is amended
by adding at the end the following:
``(v) The interests of the victim (or the family of
a victim who is deceased or incapacitated) in the
prompt and appropriate disposition of the case, free
from unreasonable delay.''.
SEC. 5104. RIGHT OF VICTIM TO JUST SENTENCE.
(a) In General.--Section 3553 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) the views of the victim if such views are presented
to the court;'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Victim's Right to Attendance and Allocution at Sentencing.--
``(1) Victim defined.--In this subsection, the term
`victim' has the meaning given the term in section 3156.
``(2) Right to attendance.--
``(A) In general.--Subject to subparagraph (B),
each victim of an offense shall have the right to be
present at the sentencing proceedings of a defendant
convicted of the offense conducted pursuant to this
chapter or chapter 228.
``(B) Incarcerated victims.--A victim who, at the
time that the sentencing proceedings of a defendant are
conducted, is incarcerated in any Federal, State, or
local correctional or detention facility, shall not
have the right to appear in person at sentencing
proceedings of a defendant, but shall be afforded a
reasonable opportunity to present views by alternate
means.
``(3) Right to address court.--
``(A) In general.--Subject to subparagraph (B),
before the imposition of sentence under this chapter,
each victim of the offense, if present in person or
through counsel, shall be afforded an opportunity to
address the court on the issue of sentencing, including
the presentation of--
``(i) information relating to the extent
and scope of the injury or loss suffered by the
victim or the family of the victim as a result
of the offense;
``(ii) information relating to the impact
of the offense on the victim or the family of
the victim; and
``(iii) recommendations regarding an
appropriate sentence for the defendant, except
that nothing in this clause may be construed to
authorize the imposition of a sentence not
otherwise authorized by law.
``(B) Limitations.--The court may reasonably limit
the number of victims permitted to address the court
personally or through counsel under this paragraph, if
the court finds, from facts on the record, that the
number of victims is so large that affording each
victim an opportunity to address the court would--
``(i) amount to cumulative victim impact
information; and
``(ii) prolong the sentencing process to
the degree that the need to permit each victim
an opportunity to address the court is
substantially outweighed by the burden on the
sentencing process.
``(4) Submission of written statement.--A victim, whether
or not present in person or through counsel at a sentencing
proceeding, may provide the court a written statement, which
may include any information or recommendations described in
paragraph (2)(A), in addition to or in lieu of addressing the
court under that paragraph. A victim not permitted to address
the court under paragraph (2)(B) shall have the right to
provide a written statement under this paragraph.
``(5) Failure to attend trial.--The attendance of the
victim at all or part of, or testimony during, the trial of the
defendant shall not be construed to prevent a victim from
exercising the right to attend sentencing or address the court
or to otherwise present to the court information pursuant to
this subsection.
``(6) Testimony.--No oral statement made or written
statement submitted under this subsection shall be considered
to be testimony under any other provision of law.
``(7) Notice.--The court shall provide reasonable notice to
each victim of the right to attend and address the court or
otherwise present to the court information pursuant to this
subsection, including notice of the scheduled date, time, and
place of the sentencing hearing. Notice under this
paragraph may be consolidated with the notice under section 3664(d)(2).
(b) Hearing Before a Court or Jury.--Section 3593(b) of title 18,
United States Code, is amended by adding at the end the following:
``The provisions of section 3553(b), relating to attendance and
allocation by victims, shall apply to hearings under this
subsection.''.
(c) Rules of Criminal Procedure.--Pursuant to chapter 131 title 28,
United States Code, the Supreme Court may prescribe amendments to rules
of criminal procedure, consistent with this section and the amendments
made by this section.
SEC. 5105. RIGHT OF VICTIM TO NOTICE OF RELEASE OR ESCAPE.
(a) In General.--Section 3621(a) of title 18, United States Code,
is amended by adding at the end the following: ``Notice of commitment
shall be provided to each victim of the offense for which the person is
committed under this subsection.''.
(b) Notice of Incarceration or Release.--
(1) In general.--Chapter 229 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3627. Notice to victims of incarceration or release of
defendants
``(a) In General.--The Bureau of Prisons shall ensure that
reasonable notice is provided to each victim of an offense for which a
person is imprisoned pursuant to this subchapter--
``(1) not less than 30 days before such the release of that
person under section 3624, assignment of that person to pre-
release custody section 3624(c), or transfer of that person
under section 3623;
``(2) not less than 10 days before the temporary release of
that person under section 3622;
``(3) not less than 12 hours after discovery that such
person has escaped;
``(4) not less than 12 hours after the return to custody of
such person after an escape; and
``(5) at such other times as is reasonable before any other
form of release of that person as may occur.
``(b) Applicability.--This section applies to any escape, work
release, furlough, or any other form of release from a psychiatric
institution or other facility that provides mental or other health
services to persons in the custody of the Bureau of Prisons.
``(c) Victim Contact Information.--It shall be the responsibility
of a victim to notify the Bureau of Prisons, by means of a form to be
provided by the Attorney General, of any change in the mailing address
of the victim, or other means of contacting the victim, while the
defendant is subject to imprisonment. The Bureau of Prisons shall
ensure the confidentiality of any information relating to a victim.''.
(2) Technical and conforming amendment.--The analysis for
chapter 229 of title 18, United States Code, is amended by
adding at the end the following:
``3627. Notice to victims of incarceration or release of defendants.''.
SEC. 5106. RIGHTS OF VICTIMS IN PLEA AGREEMENTS.
(a) In General.--Rule 11 of the Federal Rules of Criminal Procedure
is amended--
(1) in subdivision (e)--
(A) in paragraph (1), by striking the last sentence
and inserting the following: ``To the extent
practicable, and subject to the provisions of
subdivision (i)(3), the attorney for the government
shall consult with the victims of all offenses
chargeable to the defendant regarding any agreement
with the defendant. The attorney for the government may
impose, and request the court to enforce, such
confidentiality requirements on the victim relating to
discussions under this paragraph as the attorney for
the government deems appropriate. Except as provided by
subdivision (i)(4), the court shall not participate in
any discussions under this paragraph.''; and
(B) in paragraph (2), by adding at the end the
following: ``In determining whether to accept or reject
the agreement, the court shall consider the views of
the victim provided pursuant to subdivision (i), giving
to such views weight as the court determines to be
appropriate.''; and
(2) by adding at the end the following:
``(i) Rights of Victims.--
``(1) Victim defined.--In this rule, the term `victim' has
the meaning given the term in section 3156 of title 18, United
States Code.
``(2) Notification of plea agreement hearings.--The
Government, before a hearing at which a plea of guilty or nolo
contendere is entered, shall, except as provided in paragraph
(4), make reasonable efforts to notify the victim of--
``(A) the date and time of the hearing;
``(B) the elements of the proposed plea or plea
agreement; and
``(C) the right of the victim to attend the
hearing, and, if present, to address the court
personally or through counsel on the views of the
victim on the proposed plea or plea agreement.
``(3) Opportunity to be heard on plea agreement.--If the
victim attends a hearing described in paragraph (2), the court,
before accepting a plea of guilty or nolo contendere, shall
afford the victim, either personally or through counsel, an
opportunity to be heard on the proposed plea or plea agreement.
``(4) Written statement.--A victim, whether or not present
in person or through counsel, may provide the court a written
statement of the views of the victims regarding a proposed plea
or plea agreement in addition to or in lieu of addressing the
court.
``(5) Exceptions.--Notwithstanding any other provision of
this subdivision--
``(A) in any case in which a victim is a defendant
in the same or related case, or in which the Government
certifies to the court under seal that affording such
victim any right provided under this rule will jeopardize an ongoing
investigation, the victim shall not have such right;
``(B) a victim who, at the time of discussions
under subdivision (e) or a hearing under this
subdivision, is incarcerated in any Federal, State, or
local correctional or detention facility, shall not
have the right to appear in person, but, subject to
subparagraph (A), shall be afforded a reasonable
opportunity to present views or participate by
alternative means; and
``(C) in any case involving more than 15 victims,
the court, after consultation with the Government and
the victims, may appoint a number of victims to
represent the interests of the victims, except that all
victims shall retain the right to submit a written
statement under paragraph (4).
``(6) Victim contact information.--It shall be the
responsibility of a victim to notify the attorney for the
government of an address or other sufficient means by which a
notification required by this subsection may be made. The
attorney for the government shall ensure the confidentiality of
any information relating to a victim.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after
the date of enactment of this Act, the Judicial
Conference of the United States shall submit to
Congress a report containing recommendations for
amending the Federal Rules of Criminal Procedure to
provide enhanced opportunities for victims--
(i) to be consulted by the attorney for the
government during plea negotiations;
(ii) to provide to the court views on the
issue of whether or not the court should accept
a plea of guilty or nolo contendere; and
(iii) to have such views considered by the
court.
(B) Inapplicability of other law.--Chapter 131 of
title 28, United States Code, does not apply to any
recommendation made by the Judicial Conference of the
United States under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference of the United States--
(A) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are the same as
the amendment made by subsection (a), then the
amendment made by subsection (a) shall become effective
30 days after the date on which the recommendations are
submitted to Congress under paragraph (2);
(B) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are different in
any respect from the amendment made by subsection (a),
the recommendations made pursuant to paragraph (2)
shall become effective 180 days after the date on which
the recommendations are submitted to Congress under
paragraph (2), unless an Act of Congress is passed
overturning the recommendations; and
(C) fails to comply with paragraph (2), the
amendment made by subsection (a) shall become effective
360 days after the date of enactment of this Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the Judicial Conference of the United States
under paragraph (2)) shall apply in any proceeding commenced on
or after the effective date of the amendment.
SEC. 5107. RIGHT OF VICTIM TO PARTICIPATE IN SENTENCE ADJUSTMENT
HEARINGS.
(a) Revocation of Probation.--Section 3564 of title 18, United
States Code, is amended by adding at the end the following:
``(f) Applicability of Victims Rights.--The provisions of section
3553(b) shall apply to proceedings under this section.''.
(b) Supervised Release.--Section 3583 of title 18, United States
Code, is amended--
(1) in subsection (c), by striking ``and (a)(6)'' and
inserting ``(a)(6), and (a)(7)''; and
(2) by adding at the end the following:
``(j) Applicability of Victims Rights.--The provisions of section
3553(b) shall apply to proceedings under this section.''.
(c) Effect of Default.--Section 3613A(b)(1) of title 18, United
States Code, is amended by adding at the end the following: ``The
provisions of section 3553(b) shall apply to any such hearing.''.
(d) Resentencing Upon Failure To Pay a Fine or Restitution.--
Section 3614 of title 18, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Applicability of Victims Rights.--The provisions of section
3553(b) shall apply to any proceeding under this section.''.
SEC. 5108. ENHANCED RIGHT TO BE PRESENT AT TRIAL.
Section 3510 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``make a statement'' and
all that follows before the period at the end and inserting
``present information or otherwise participate in accordance
with section 3553(b)'';
(2) in subsection (b), by inserting before the period at
the end following: ``, or present information or otherwise
participate in accordance with section 3553(b)'';
(3) in subsection (c), by striking ``includes'' and all
that follows before the period at the end and inserting ``has
the meaning given the term in section 3156''; and
(4) by adding at the end the following:
``(d) Application to Televised Proceedings.--This section applies
to victims viewing proceedings pursuant to--
``(1) section 235 of the Antiterrorism and Effective Death
Penalty Act of 1996; or
``(2) any rule issued pursuant to section 235(g) of the
Antiterrorism and Effective Death Penalty Act of 1996.''.
(b) Prohibition on Exclusion.--Section 235 of the Antiterrorism and
Effective Death Penalty Act of 1996 (42 U.S.C. 10608) is amended--
(1) in subsection (b)(2), by adding at the end the
following: ``The intention of a victim to present information
or otherwise participate in a sentencing proceeding in
accordance with sections 3553(b) or 3593 shall not be grounds
to exclude a victim under this paragraph.''; and
(2) in subsection (f)--
(A) by striking ``As used in'' and inserting
``(1) State.--In''; and
(B) by adding at the end the following:
``(2) Victim.--In this section, the term `victim' has the
meaning given the term in section 3156 of title 18, United
States Code.''.
(c) Pursuant to chapter 131 of title 28, United States Code, the
Supreme Court may issue rules, or amend existing rules, to conform to
the requirements of this section.
(d) Victim and Witness Protection Act.--Section 502 of the Victim
and Witness Protection Act (42 U.S.C. 10606) is amended--
(1) in paragraph (4), by adding at the end the following:
``For purposes of this paragraph, victim statements at
sentencing, other information presented by or on behalf of a
victim at sentencing, and other victim participation in
accordance with section 3553(b) of title 18, United States
Code, shall not be considered to be testimony.''; and
(2) in paragraph (5), by striking ``attorney'' and
inserting ``the attorney''.
SEC. 5109. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR CRIME
VICTIMS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Office of Victims of Crime.
(2) Office.--The term ``Office'' means the Office of
Victims of Crime.
(3) Qualified private entity.--The term ``qualified private
entity'' means a private entity that meets such requirements as
the Attorney General, acting through the Director, may
establish.
(4) Qualified unit of state or local government.--The term
``qualified unit of State or local government'' means a unit of
a State or local government that meets such requirements as the
Attorney General, acting through the Director, may establish.
(5) Voice centers.--The term ``VOICE Centers'' means the
Victim Ombudsman Information Centers established under the
program under subsection (b).
(b) Pilot Programs.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Attorney General, acting through the
Director, shall establish and carry out a program to provide
for pilot programs to establish and operate Victim Ombudsman
Information Centers in each of the following States:
(A) Ohio.
(B) South Carolina.
(C) Minnesota.
(D) Michigan.
(E) Utah.
(F) Arizona.
(G) Oklahoma.
(H) Mississippi.
(2) Agreements.--
(A) In general.--The Attorney General, acting
through the Director, shall enter into an agreement
with a qualified private entity or unit of State or
local government to conduct a pilot program referred to
in paragraph (1). Under the agreement, the Attorney
General, acting through the Director, shall provide for
a grant to assist the qualified private entity or unit
of State or local government in carrying out the pilot
program.
(B) Contents of agreement.--The agreement referred
to in subparagraph (A) shall specify that--
(i) the VOICE Center shall be established
in accordance with this section; and
(ii) except with respect to meeting
applicable requirements of this section
concerning carrying out the duties of a VOICE
Center under this section (including the applicable reporting duties
under subsection (c) and the terms of the agreement) each VOICE Center
shall operate independently of the Office.
(C) No authority over daily operations.--The Office
shall have no supervisory or decisionmaking authority
over the day-to-day operations of a VOICE Center.
(c) Objectives.--
(1) Mission.--The mission of each VOICE Center established
under a pilot program under this section shall be to assist a
victim of a Federal or State crime to ensure that the victim--
(A) is fully apprised of the rights of that victim
under applicable Federal or State law; and
(B) is provided the opportunity to participate in
the criminal justice process to the fullest extent of
the law.
(2) Duties.--The duties of a VOICE Center shall include--
(A) providing information to victims of Federal or
State crime regarding the right of those victims to
participate in the criminal justice process (including
information concerning any right that exists under
applicable Federal or State law);
(B) identifying and responding to situations in
which the rights of victims of crime under applicable
Federal or State law may have been violated;
(C) attempting to facilitate compliance with
Federal or State law referred to in subparagraph (B);
(D) educating police, prosecutors, Federal and
State judges, officers of the court, and employees of
jails and prisons concerning the rights of victims
under applicable Federal or State law; and
(E) taking measures that are necessary to ensure
that victims of crime are treated with fairness,
dignity, and compassion throughout the criminal justice
process.
(d) Oversight.--
(1) Technical assistance.--The Office may provide technical
assistance to each VOICE Center.
(2) Annual report.--Each qualified private entity or
qualified unit of State or local government that carries out a
pilot program to establish and operate a VOICE Center under
this section shall prepare and submit to the Director, not
later than 1 year after the VOICE Center is established, and
annually thereafter, a report that--
(A) describes in detail the activities of the VOICE
Center during the preceding year; and
(B) outlines a strategic plan for the year
following the year covered under subparagraph (A).
(e) Review of Program Effectiveness.--
(1) GAO study.--Not later than 2 years after the date on
which each VOICE Center established under a pilot program under
this section is fully operational, the Comptroller General of
the United States shall conduct a review of each pilot program
carried out under this section to determine the effectiveness
of the VOICE Center that is the subject of the pilot program in
carrying out the mission and duties described in subsection
(c).
(2) Other studies.--Not later than 2 years after the date
on which each VOICE Center established under a pilot program
under this section is fully operational, the Attorney General,
acting through the Director, shall enter into an agreement with
1 or more private entities that meet such requirements that the
Attorney General, acting through the Director, may establish,
to study the effectiveness of each VOICE Center established by
a pilot program under this section in carrying out the mission
and duties described in subsection (c).
(f) Termination Date.--
(1) In general.--Except as provided in paragraph (2), a
pilot program established under this section shall terminate on
the date that is 4 years after the date of enactment of this
Act.
(2) Renewal.--If the Attorney General determines that any
of the pilot programs established under this section should be
renewed for an additional period, the Attorney General may
renew that pilot program for a period not to exceed 2 years.
(g) Funding.--Notwithstanding any other provision of law, an
aggregate amount not to exceed $5,000,000 of the amounts collected
pursuant to sections 3729 through 3731 of title 31, United States Code
(commonly known as the ``False Claims Act''), may be used by the
Director to make grants under subsection (b).
SEC. 5110. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.
(a) Crime Victims Fund.--Section 1402 of the Victims of Crime Act
of 1984 (42 U.S.C. 10601) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) any gifts, bequests, or donations from private
entities or individuals.''; and
(2) in subsection (d)--
(A) by striking paragraph (1) and inserting the
following:
``(1) All unobligated balances transferred to the judicial
branch for administrative costs to carry out functions under
sections 3611 and 3612 of title 18, United States Code, shall
be returned to the Crime Victims Fund and may be used by the
Director to improve services for crime victims in the Federal
criminal justice system.''; and
(B) in paragraph (4), by adding at the end the
following:
``(C) States that receive supplemental funding to respond
to incidents or terrorism or mass violence under this section
shall be required to return to the Crime Victims Fund for
deposit in the reserve fund, amounts subrogated to the State as
a result of third-party payments to victims.''.
(b) Crime Victim Compensation.--Section 1403 of the Victims of
Crime Act of 1984 (42 U.S.C. 10602) is amended--
(1) in subsection (a)--
(A) in each of paragraphs (1) and (2), by striking
``40'' and inserting ``60''; and
(B) in paragraph (3), by inserting ``and
evaluation'' after ``administration''; and
(2) in subsection (b)(7), by inserting ``because the
identity of the offender was not determined beyond a reasonable
doubt in a criminal trial, because criminal charges were not
brought against the offender, or'' after ``deny compensation to
any victim''.
(c) Crime Victim Assistance.--Section 1404 of the Victims of Crime
Act of 1984 (42 U.S.C. 10603) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``or enter into
cooperative agreements'' after ``make grants'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) for demonstration projects, evaluation,
training, and technical assistance services to eligible
organizations;'';
(iii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) training and technical assistance that
address the significance of and effective delivery
strategies for providing long-term psychological
care.''; and
(B) in paragraph (3)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) use funds made available to the Director
under this subsection--
``(i) for fellowships and clinical
internships; and
``(ii) to carry out programs of training
and special workshops for the presentation and
dissemination of information resulting from
demonstrations, surveys, and special
projects.''; and
(2) in subsection (d)--
(A) by striking paragraph (1) and inserting the
following:
``(1) the term `State' includes--
``(A) the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, and any
other territory or possession of the United States; and
``(B) for purposes of a subgrant under subsection
(a)(1) or a grant or cooperative agreement under
subsection (c)(1), the United States Virgin Islands and
any agency of the Government of the District of
Columbia or the Federal Government performing law
enforcement functions in and on behalf of the District
of Columbia.'';
(B) in paragraph (2)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
semicolon and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) public awareness and education and crime
prevention activities that promote, and are conducted
in conjunction with, the provision of victim
assistance; and
``(F) for purposes of an award under subsection
(c)(1)(A), preparation, publication, and distribution
of informational materials and resources for victims of
crime and crime victims organizations.'';
(C) by striking paragraph (4) and inserting the
following:
``(4) the term `crisis intervention services' means
counseling and emotional support including mental health
counseling, provided as a result of crisis situations for
individuals, couples, or family members following and related
to the occurrence of crime;'';
(D) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(6) for purposes of an award under subsection (c)(1), the
term `eligible organization' includes any--
``(A) national or State organization with a
commitment to developing, implementing, evaluating, or
enforcing victims' rights and the delivery of services;
``(B) State agency or unit of local government;
``(C) tribal organization;
``(D) organization--
``(i) described in section 501(c) of the
Internal Revenue Code of 1986; and
``(ii) exempt from taxation under section
501(a) of such Code; or
``(E) other entity that the Director determines to
be appropriate.''.
(d) Compensation and Assistance to Victims of Terrorism of Mass
Violence.--Section 1404B of the Victims of Crime Act of 1984 (42 U.S.C.
10603b) is amended--
(1) in subsection (a), by striking ``1404(a)'' and
inserting ``1402(d)(4)(B)''; and
(2) in subsection (b), by striking ``1404(d)(4)(B)'' and
inserting ``1402(d)(4)(B)''.
CHAPTER 2--VICTIM RESTITUTION ENFORCEMENT
SEC. 5121. SHORT TITLE.
This chapter may be cited as the ``Victim Restitution Enforcement
Act of 1999''.
SEC. 5122. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF RESTITUTION ORDER.
Section 3664 of title 18, United States Code, is amended to read as
follows:
``Sec. 3664. Procedure for issuance and enforcement of order of
restitution
``(a) In General.--
``(1) Reliance on information in presentence report.--With
respect to each order of restitution under this title, the
court shall order the probation service of the court to obtain
and include in its presentence report, or in a separate report,
as the court directs, information sufficient for the court to
exercise its discretion in fashioning a restitution order.
``(2) Contents of report.--Each report described in
paragraph (1) shall include, to the extent practicable, a
complete accounting of the losses to each victim, any
restitution owed pursuant to a plea agreement, and information
relating to the economic circumstances of each defendant. If
the number or identity of victims cannot be reasonably
ascertained, or other circumstances exist that make this
requirement clearly impracticable, the probation service shall
so inform the court.
``(b) Disclosures.--The court shall disclose to both the defendant
and the attorney for the Government all portions of the presentence or
other report pertaining to the matters described in subsection (a).
``(c) Applicability of Other Law.--This chapter, chapter 227, and
Rule 32(c) of the Federal Rules of Criminal Procedure are the only laws
and rules applicable to proceedings under this section.
``(d) Ensuring Availability of Property or Assets.--
``(1) In general.--
``(A) Restraining order, injunction, execution of
performance bond.--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 or assets necessary to
satisfy a criminal restitution order under this
subchapter. An order under this subparagraph may be
entered in the following circumstances:
``(i) Prior to the filing of an indictment
or information charging an offense that may
result in a criminal restitution order, and
upon the United States showing that--
``(I) there is a substantial
probability that the United States will
obtain a criminal restitution order;
``(II) the defendant has or is
likely to take action to dissipate or
hide the property or assets of the
defendant; and
``(III) the need to preserve the
availability of the property or assets
through the requested order outweighs
the hardship of any party against whom
the order is entered.
``(ii) Upon the filing of an indictment or
information charging an offense that may result
in a criminal restitution order, and upon the
United States showing that the defendant has or
is likely to take action to dissipate or hide
the property or assets of the defendant.
``(iii) Upon the conviction, or entry of a
guilty plea, to an indictment or information
charging an offense that may result in a
criminal restitution order, and upon the United
States showing that the defendant may take
action to dissipate or hide the property or
assets of the defendant or that an order is
necessary to marshal and determine the property
or assets of the defendant.
``(B) Period of effectiveness.--An order entered
under subparagraph (A) shall be effective for not more
than 90 days, unless extended by the court for good
cause shown or unless an indictment or information
described in subparagraph (A)(ii) has been filed.
``(2) Notice of order.--
``(A) In general.--Except as provided in paragraph
(3), an order entered under this subsection shall be
after notice to persons appearing to have an interest
in the property and opportunity for a hearing, and upon
the United States carrying the burden of proof by a
preponderance of the evidence.
``(B) Admissible evidence.--The court may receive
and consider, at a hearing held under this subsection,
evidence and information that would be inadmissible
under the Federal Rules of Evidence.
``(3) Temporary restraining order.--
``(A) In general.--A temporary restraining order
may be entered without notice or opportunity for a
hearing if the United States demonstrates that--
``(i) there is probable cause to believe
that the property or assets with respect to
which the order is sought would be subject to
execution upon the entry of a criminal
restitution order;
``(ii) there is a substantial probability
that the United States will obtain a criminal
restitution order; and
``(iii) the provision of notice would
jeopardize the availability of the property or
assets for execution.
``(B) Expiration of order.--A temporary order under
this paragraph shall expire not later than 10 days
after the date on which it is entered, unless--
``(i) the court grants an extension for
good cause shown; or
``(ii) the party against whom the order is
entered consents to an extension for a longer
period.
``(C) 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.
``(4) Disclosure of certain information.--
``(A) In general.--Information concerning the net
worth, financial affairs, transactions or interests of
the defendant presented to the grand jury may be
disclosed to an attorney for the Government assisting
in the enforcement of criminal restitution orders, for
use in the performance of the duties of that attorney.
``(B) Use of consumer credit reports.--
``(i) In general.--An attorney for the
Government responsible for the prosecution of
criminal offenses, or responsible for the
enforcement of criminal restitution orders, may
obtain and use consumer credit reports to--
``(I) obtain an order under this
section;
``(II) determine the amount of
restitution that is appropriate; or
``(III) enforce a criminal
restitution order.
``(ii) Grand jury subpoena.--This
subparagraph does not limit the availability of
grand jury subpoenas to obtain a consumer
credit report.
``(iii) Probation service.--Upon
conviction, a consumer credit report used under
this subparagraph may be furnished to the
United States Probation Service.
``(e) Information to Probation Service.--
``(1) In general.--
``(A) Provision of information by government.--Not
later than 60 days after conviction, and in any event
not later than 10 days prior to sentencing, the
attorney for the Government after consulting with all
victims (when practicable), shall promptly provide the
probation service of the court all information readily
available to the attorney, including matters occurring
before the grand jury relating to the identity of the
victim or victims, the amount of losses, and financial
matters relating to the defendant.
``(B) Provision of information by defendants.--Each
defendant shall prepare and file with the probation
officer an affidavit fully describing the financial
resources of the defendant, including a complete
listing of all assets owned or controlled by the
defendant as of the date on which the defendant was
arrested, the financial needs and earning ability of
the defendant and the defendant's dependents, and any
other information that the court requires relating to
such other factors as the court determines to be
appropriate.
``(C) Notice to victims.--The attorney for the
Government shall, to the maximum extent practicable and
as soon as practicable after the provision of
information by the Government to the probation service
under subparagraph (A), provide notice to all victims. The notice shall
inform the victims of--
``(i) the offenses for which the defendant
was convicted;
``(ii) the amounts subject to restitution
and any other information that is relevant to
restitution submitted to the probation service;
``(iii) the right of the victim to submit
information to the probation service concerning
the amount of the losses of the victim;
``(iv) the scheduled date, time, and place
of the sentencing hearing;
``(v) the availability of a lien in favor
of the victim under subsection (n)(1)(D); and
``(vi) the opportunity of the victim to
file a separate affidavit with the court under
subparagraph (E).
``(D) Limitations on information.--Upon ex parte
application to the court, and a showing that the
requirements of subparagraph (A) may cause harm to any
victim, or jeopardize an ongoing investigation, the
court may limit the information to be provided to or
sought by the probation service of the court.
``(E) Affidavit of objection.--If any victim
objects to any of the information provided to the
probation service by the attorney for the Government
under this paragraph, the victim may file a separate
affidavit with the court.
``(2) Additional documentation or testimony.--After
reviewing the report of the probation service of the court, the
court may require additional documentation or hear testimony.
The privacy of any records filed, or testimony heard, under
this section shall be maintained to the greatest extent
possible and those records may be filed or testimony heard in
camera.
``(3) Additional time for determination of losses.--If the
losses to the victim are not ascertainable by the date that is
10 days prior to sentencing as provided in paragraph (1), the
United States Attorney (or a designee of the United States
Attorney) shall so inform the court, and the court shall set a
date for the final determination of the losses of the victim,
not to exceed 90 days after sentencing. If the losses to the
victim cannot reasonably be ascertained, the court shall
determine an appropriate amount of restitution based on the
available information. If the victim subsequently discovers
further losses, the victim shall have 60 days after discovery
of those losses during which to petition the court for an
amended restitution order. The order may be granted only upon a
showing of good cause for the failure to include those losses
in the initial claim for restitutionary relief.
``(4) Referral to magistrate or special master.--The court
may refer any issue arising in connection with a proposed order
of restitution to a magistrate or special master for proposed
findings of fact and recommendations as to disposition, subject
to a de novo determination of the issue by the court.
``(5) Insurance of victim not considered.--In no case shall
the fact that a victim has received or is entitled to receive
compensation with respect to a loss from insurance or any other
source be considered in determining the amount of restitution.
``(f) Evidentiary Standard.--Any dispute as to the proper amount or
type of restitution shall be resolved by the court by the preponderance
of the evidence. The burden of demonstrating the amount of the loss
sustained by a victim as a result of the offense shall be on the
attorney for the Government. The burden of demonstrating the financial
resources of the defendant and the financial needs of the defendant and
the dependents of the defendant shall be on the defendant. The burden
of demonstrating such other matters as the court deems appropriate
shall be upon the party designated by the court as justice requires.
``(g) Factors for Consideration.--
``(1) In general.--
``(A) Economic circumstances of victim not
considered.--In each order of restitution, the court
shall order restitution to each victim in the full
amount of the losses of each victim as determined by
the court and without consideration of the economic
circumstances of the defendant.
``(B) Award of reasonably ascertainable losses.--
The court shall order restitution in the amount of the
total loss that is reasonably ascertainable, if--
``(i) the number of victims is too great;
``(ii) the actual identity of the victims
cannot be ascertained; and
``(iii) or the full amount of the losses of
each victim cannot be reasonably ascertained;
``(2) Amount and timing of restitution.--The restitution
order shall be for a sum certain and payable immediately.
``(3) Nominal periodic payments.--If the court finds from
facts on the record that the economic circumstances of the
defendant do not allow and are not likely to allow the
defendant to make more than nominal payments under the
restitution order, the court shall direct the defendant to make
nominal periodic payments in the amount the defendant can
reasonably be expected to pay by making a diligent and bona
fide effort toward the restitution order entered under
paragraph (1). Nothing in the paragraph shall impair the
obligation of the defendant to make full restitution under this
subsection.
``(4) Status of debt.--Notwithstanding any payment schedule
entered by the court under paragraph (2), each order of
restitution shall be a civil debt, payable immediately, and
subject to the enforcement procedures provided in subsection
(n). In no event shall a defendant incur any criminal penalty
for failure to make a restitution payment under the restitution
order because of the indigence of the defendant.
``(h) Victim Rights.--
``(1) No participation required.--No victim shall be
required to participate in any phase of a restitution order. If
a victim declines to receive restitution made mandatory by this
title, the court shall order that the share of the victim of
any restitution owed be deposited in the Crime Victims Fund in
the Treasury.
``(2) Assignment of interest.--A victim may at any time
assign the interest of the victim in restitution payments to
the Crime Victims Fund in the Treasury without in any way
impairing the obligation of the defendant to make those
payments.
``(3) Victims not identified or located.--If the victim
cannot be located or identified, the court shall direct that
the restitution payments be made to the Crime Victims Fund of
the Treasury. This paragraph shall not be construed to impair
the obligation of the defendant to make those payments.
``(i) Joint and Several Liability of Multiple Defendants.--If the
court finds that more than 1 defendant has contributed to the loss of a
victim, the court may make each defendant jointly and severally liable
for payment of the full amount of restitution or may apportion
liability among the defendants to reflect the level of contribution to
the loss of the victim and economic circumstances of each defendant.
``(j) Priority of Payments.--If the court finds that more than 1
victim has sustained a loss requiring restitution by a defendant, the
court may issue an order of priority for restitution payments based on
the type and amount of the loss of the victim accounting for the
economic circumstances of each victim. In any case in which the United
States is a victim, the court shall ensure that all individual victims
receive full restitution before the United States receives any
restitution.
``(k) Insurance.--
``(1) In general.--If a victim has received or is entitled
to receive compensation with respect to a loss from insurance
or any other source, the court shall order that restitution
shall be paid to the person who provided or is obligated to
provide the compensation, but the restitution order shall
provide that all restitution of victims required by the order
be paid to the victims before any restitution is paid to any
such provider of compensation.
``(2) Reduction of amount.--Any amount paid to a victim
under an order of restitution shall be reduced by any amount
later recovered as compensatory damages for the same loss by
the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent
provided by the law of the State.
``(3) Other resources.--If a person obligated to provide
restitution receives substantial resources from any source,
including inheritance, settlement, or other judgment, that
person shall be required to apply the value of those resources
to any restitution still owed.
``(l) Material Changes in Economic Status of Defendant.--The
defendant shall notify the court and the Attorney General of any
material change in the economic circumstances of the defendant that
might affect the ability of the defendant to pay restitution. Upon
receipt of the notification, the court may, on its own motion, or the
motion of any party, including the victim, adjust the payment schedule,
or require immediate payment in full, as the interests of justice
require.
``(m) Jurisdiction of Court.--
``(1) In general.--The court shall retain jurisdiction over
any criminal restitution judgment or amended criminal
restitution judgment for a period of 5 years from the date the
sentence was imposed. This limitation shall be tolled during
any period of time that the defendant--
``(A) was incarcerated;
``(B) was a fugitive; or
``(C) was granted a stay that prevented the
enforcement of the restitution order.
``(2) Failure to pay.--While within the jurisdiction of the
court, if the defendant knowingly fails to make a bona fide
effort to pay whatever amount of restitution is ordered by the
court, or knowingly and willfully refuses to pay restitution,
the court may--
``(A) modify the terms or conditions of the
probation or supervised release of the defendant;
``(B) extend the probation or supervised release of
the defendant until a date not later than 10 years from
the date the sentence was imposed;
``(C) revoke the probation or supervised release of
the defendant;
``(D) hold the defendant in contempt; or
``(E) increase the sentence of the defendant to any
sentence that might originally have been imposed under
the applicable statute, without regard to the
sentencing guidelines.
``(n) Enforcement of Order of Restitution.--
``(1) In general.--An order of restitution may be
enforced--
``(A) through civil or administrative methods
during the period that the restitution lien provided
for in section 3613 of title 18, United States Code, is
enforceable;
``(B) by the United States in the manner provided
for in subchapter C of chapter 227 and subchapter B of
chapter 229;
``(C) by the United States regardless of whether
for the benefit of the United States, in accordance
with the procedures of chapter 176 of part VI of title
28, or in accordance with any other administrative or
civil enforcement means available to the United States
to enforce a debt due the United States; or
``(D) by any victim named in the restitution order
as a lien under section 1962 of title 28.
``(2) Estoppel.--A conviction of a defendant for an offense
giving rise to restitution under this section shall estop the
defendant from denying the essential allegations of that
offense in any subsequent Federal civil proceeding or State
civil proceeding, regardless of any State law precluding
estoppel for a lack of mutuality. The victim, in the subsequent
proceeding, shall not be precluded from establishing a loss
that is greater than the loss determined by the court in the
earlier criminal proceeding.''.
SEC. 5123. CIVIL REMEDIES.
Section 3613 of title 18, United States Code, is amended--
(1) in the section heading, by inserting ``or restitution''
after ``fine''; and
(2) in subsection (a)--
(A) by striking ``The United States'' and inserting
the following:
``(1) Fines.--The United States'';
(B) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively, and
indenting each subparagraph accordingly; and
(C) by adding at the end the following:
``(2) Restitution.--
``(A) In general.--
``(i) Lien.--An order of restitution shall
operate as a lien in favor of the United States
for its benefit or for the benefit of any non-
Federal victims against all property belonging
to the defendant or defendants.
``(ii) Timing.--The lien shall arise at the
time of the entry of judgment or order and
shall continue until the liability is
satisfied, remitted, or set aside, or until it
becomes otherwise unenforceable.
``(iii) Persons against whom lien
applies.--The lien shall apply against all
property and property interests--
``(I) owned by the defendant or
defendants at the time of arrest; and
``(II) subsequently acquired by the
defendant or defendants.
``(B) Entry of lien.--The lien shall be entered in
the name of the United States on behalf of all
ascertained victims, unascertained victims, victims
entitled to restitution who choose not to participate
in the restitution program and victims entitled to
restitution who cannot assert their interests in the
lien for any reason.
``(3) Jointly held property.--
``(A) In general.--
``(i) Division and sale of property.--If
the court enforcing an order of restitution
under this section determines that the
defendant has an interest in property with
another, and that the defendant cannot satisfy
the restitution order from his or her separate
property or income, the court may, after
considering all of the equities, order that
jointly owned property be divided and sold,
upon such conditions as the court deems just,
notwithstanding any Federal or State law to the
contrary.
``(ii) Protection of innocent parties.--The
court shall take care to protect the reasonable
and legitimate interests of the innocent spouse
and minor children of the defendant, especially
real property used as the actual home of that
innocent spouse and minor children, except to
the extent that the court determines that the
interest of that innocent spouse and children
is the product of the criminal activity of
which the defendant has been convicted, or is
the result of a fraudulent transfer.
``(B) Fraudulent transfers.--In determining whether
there was a fraudulent transfer, the court shall
consider whether the debtor made the transfer--
``(i) with actual intent to hinder, delay,
or defraud the United States or other victim;
or
``(ii) without receiving a reasonably
equivalent value in exchange for the transfer.
``(C) Considerations for protection of innocent
parties.--In determining what portion of the jointly
owned property shall be set aside for the innocent
spouse or children of the defendant, or whether to have
sold or divided the jointly held property, the court
shall consider--
``(i) the contributions of the other joint
owner to the value of the property;
``(ii) the reasonable expectation of the
other joint owner to be able to enjoy the
continued use of the property; and
``(iii) the economic circumstances and
needs of the defendant and dependents of the
defendant and the economic circumstances and
needs of the victim and the dependents of the
victim.''.
SEC. 5124. FINES.
Section 3572(b) of title 18, United States Code, is amended to read
as follows:
``(b) Payments; Effect of Indigence.--Any fine, special assessment,
restitution, or cost shall be for a sum certain and shall be payable
immediately. In no event shall a defendant incur any criminal penalty
for failure to make a payment on a fine, special assessment,
restitution, or cost as a result of the indigence of the defendant.''.
SEC. 5125. RESENTENCING.
Section 3614(a) of title 18, United States Code, is amended by
inserting before the period at the end the following: ``or may increase
the sentence of the defendant to any sentence that might originally
have been imposed under the applicable statute''.
Subtitle B--Combating Violence Against Women and Children
CHAPTER 1--VIOLENCE AGAINST WOMEN
SEC. 5201. SHORT TITLE.
This chapter may be cited as the ``Violence Against Women Act of
1999''.
SEC. 5202. DEFINITIONS.
In this chapter--
(1) the term ``domestic violence'' has the meaning given
the term in section 2003 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
(2) the term ``sexual assault'' has the meaning given the
term in section 2003 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
Subchapter A--Strengthening Law Enforcement To Reduce Violence Against
Women
SEC. 5203. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in the part heading, by adding ``AND ENFORCEMENT OF
PROTECTION ORDERS'' at the end;
(2) in section 2101(b), by adding at the end the following:
``(7) To provide technical assistance and computer and
other equipment to police departments, prosecutors, and courts
to facilitate interstate enforcement of protection orders.'';
and
(3) in section 2102--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``and''
at the end;
(ii) in paragraph (2), by striking the
period at the end and inserting ``, including
the enforcement of protection orders from other
States and jurisdictions;''; and
(iii) by adding at the end the following:
``(3) have established cooperative agreements with
neighboring jurisdictions to facilitate the enforcement of
protection orders from other States and jurisdictions; and
``(4) will use the grant to develop and install data
collection and communication systems, including computerized
systems, linking police, prosecutors, and courts for the
purpose of identifying and tracking protection orders and
violations of protection orders.''; and
(B) by adding at the end the following:
``(c) Dissemination of Information.--The Attorney General shall
annually compile and broadly disseminate (including through electronic
publication) information about successful data collection and
communication systems that meet the purposes described in subsection
(b)(3). Such dissemination shall target States, State and local courts,
Indian tribal governments, and units of local government.''.
(b) Technical and Conforming Amendment.--The table of contents for
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended in the item relating to part U, by
adding ``and Enforcement of Protection Orders'' at the end.
SEC. 5204. REAUTHORIZATION OF STOP GRANTS.
(a) Reauthorization.--Section 1001(a)(18) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is
amended to read as follows:
``(18) There is authorized to be appropriated from the Violent
Crime Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)
to carry out part T $185,000,000 for each of fiscal years 2000 through
2003.''.
(b) State Coalition Grants.--Section 2001(b)(5) of part T of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796) is amended by inserting ``, and the forms of violence and abuse
suffered by women who are individuals with disabilities (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102))''.
SEC. 5205. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES.
Section 1001(a)(19) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended to read as
follows:
``(19) There is authorized to be appropriated from the Violent
Crime Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)
to carry out part U $65,000,000 for each of fiscal years 2000 through
2003.''.
SEC. 5206. GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON CAMPUS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part Z as part AA;
(2) by redesignating section 2601 as section 2701; and
(3) by inserting after part Y the following:
``PART Z--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN ON CAMPUSES
``SEC. 2601. PURPOSE OF THE PROGRAM AND GRANTS.
``(a) General Program Purpose.--The purpose of this part is to
assist institutions of higher education in bringing together college
personnel, security, students, and victim services to strengthen law
enforcement strategies in combating violent crimes against women on
campuses and to improve services to victims.
``(b) Purposes for Which Grants May Be Used.--Grants under this
part shall provide personnel, training, technical assistance, data
collection, and other equipment for the more widespread investigation,
apprehension, prosecution, and adjudication of persons committing
violent crimes against women on campuses, and specifically, for the
purposes of--
``(1) training campus administrators and campus security
personnel to more effectively identify and respond to violent
crimes against women on campus, including the crimes of sexual
assault, stalking, and domestic violence;
``(2) developing and implementing more effective campus
security and investigative policies, protocols, orders, and
services specifically devoted to preventing, identifying, and
responding to violent crimes against women on campus, including
the crimes of sexual assault, stalking, and domestic violence;
``(3) developing, enlarging, or strengthening victim
services programs, for local campuses, including sexual
assault, stalking, and domestic violence programs;
``(4) developing or improving delivery of victim services
on campuses, including on-campus programs that provide
counseling, support, and victim advocacy; and
``(5) supporting improved coordination between campus
administrators and campus security personnel, and local
criminal justice authorities to reduce violent crimes against
women on campus.
``SEC. 2602. CAMPUS GRANTS.
``(a) In General.--The Attorney General may make grants to
institutions of higher education in accordance with this part, for use
by campus personnel and nonprofit victim services programs to assist
campus administrators and campus security personnel (including
employees, contractors, and volunteers) to develop and strengthen--
``(1) effective security and investigation strategies to
combat violent crimes against women on campuses, particularly
sexual assault, stalking, and domestic violence; and
``(2) victim services in cases involving violent crimes
against women on campuses, which may include partnerships with
local criminal justice authorities and community-based victims
services agencies.
``(b) Application Requirements.--Each application under this part
shall meet the requirements of section 517 and shall include
documentation demonstrating--
``(1) need for the grant funds;
``(2) intended use of the grant funds;
``(3) expected results from the use of the grant funds; and
``(4) characteristics of the population being served,
including number of students and type of campus and demographic
characteristics of the population and documentation of services
to underserved populations.
``(c) Certifications.--The certifications described in this
subsection are certifications that the applicant will--
``(1) use the grant amount under this part for the purposes
described in section 2601(b);
``(2) establish a plan to monitor and evaluate the use of
funds; and
``(3) use any Federal funds received under this part to
supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this part.
``(d) Disbursement.--
``(1) In general.--Not later than 60 days after the receipt
of an application under this part, the Attorney General shall--
``(A) make a grant in accordance with this part to
the applicant; or
``(B) inform the applicant of the reasons that the
application does not meet the requirements of section
517 or the requirements of this section.
``(2) Regulations.--In making grants under this part, the
Attorney General shall--
``(A) equitably distribute moneys on a geographic
basis, including nonurban and rural areas of various
geographic sizes; and
``(B) recognize and address the needs of
underserved, including rural, populations.
``(e) Federal Share.--The Federal share of a grant made under this
part may not exceed 75 percent of the total cost of the projects
described in the application submitted under this part.
``SEC. 2603. DEFINITIONS.
``In this part--
``(1) the terms `domestic violence', `sexual assault',
`underserved populations', and `victim services' have the
meaning given the terms in section 2003; and
``(2) the term `institutions of higher education' has the
meaning given the term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).''.
(b) Authorization of Appropriations.--Section 1001 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is
amended--
(1) in paragraph (3), by striking ``and X'' and inserting
``X, and Z''; and
(2) by adding at the end the following:
``(24) There is authorized to be appropriated from the
Violent Crime Reduction Trust Fund established under section
310001 of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14211) to carry out part Z $10,000,000 for each
of fiscal years 2000 through 2003.''.
SEC. 5207. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT GRANTS.
(a) Reauthorization.--Section 40295(c)(1) of the Violence Against
Women Act of 1994 (42 U.S.C. 13971(c)(1)) is amended to read as
follows:
``(1) In general.--There is authorized to be appropriated
from the Violent Crime Reduction Trust Fund established under
section 310001 of this Act to carry out this section
$40,000,000 for each of fiscal years 2000 through 2003.''.
(b) Indian Tribes.--Section 40295(c) of the Violence Against Women
Act of 1994 (42 U.S.C. 13971(c)) is amended by adding at the end the
following:
``(3) Allotment for indian tribes.--
``(A) In general.--Not less than 5 percent of the
total amount made available to carry out this section
for each fiscal year shall be available for grants to
Indian tribal governments.
``(B) Reallotment of funds.--If, beginning 9 months
after the last day of any fiscal year for which amounts
are made available to carry out this paragraph, any
amount made available under this paragraph remains
unobligated, the unobligated amount may be allocated
without regard to subparagraph (A).''.
SEC. 5208. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
(a) Reauthorization.--Section 40603 of the Violence Against Women
Act of 1994 (42 U.S.C. 14032) is amended to read as follows:
``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated from the Violent Crime
Reduction Trust Fund established under section 310001 to carry out this
subtitle $3,000,000 for each of fiscal years 2000 through 2003.''.
(b) Technical and Conforming Amendment.--Section 40602(a) of the
Violence Against Women Act of 1994 (42 U.S.C. 14031 note) is amended by
inserting ``and implement'' after ``improve''.
SEC. 5209. DOMESTIC VIOLENCE AND STALKING OFFENSES.
(a) Interstate Domestic Violence.--Section 2261(a) of title 18,
United States Code, is amended to read as follows:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce or to or from Indian country
with the intent to injure, harass, or intimidate a spouse or
intimate partner, and who, in the course of or as a result of
such travel, commits or attempts to commit a crime of violence
against that spouse or intimate partner, shall be punished as
provided in subsection (b).
``(2) Causing travel of victim.--A person who causes a
spouse or intimate partner to travel in interstate or foreign
commerce or to or from Indian country by force, coercion,
duress, or fraud, and who, in the course of or as a result of
such conduct or travel, commits or attempts to commit a crime
of violence against that spouse or intimate partner, shall be
punished as provided in subsection (b).''.
(b) Interstate Stalking.--Section 2261A of title 18, United States
Code, is amended to read as follows:
``Sec. 2261A. Interstate stalking
``Whoever--
``(1) with the intent to injure, harass, or intimidate
another person, engages in the special maritime and territorial
jurisdiction of the United States in conduct that places that
person in reasonable fear of the death of, or serious bodily
injury to, that person or a member of that person's immediate
family (as defined in section 115); or
``(2) with the intent to injure, harass, or intimidate
another person, travels in interstate or foreign commerce or to
or from Indian country, and in the course of or as a result of
such travel engages in conduct that places that person in
reasonable fear of the death of, or serious bodily injury to,
that person or a member of that person's immediate family (as
defined in section 115),
shall be punished as provided in section 2261.''.
(c) Interstate Violation of Protection Order.--Section 2262(a) of
title 18, United States Code, is amended to read as follows:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce or to or from Indian country
with the intent to engage in conduct that violates the portion
of a protection order that prohibits or provides protection
against violence, threats, or harassment against, contact or
communication with, or physical proximity to, another person,
or that would violate such a portion of a protection order in
the jurisdiction in which the order was issued, and
subsequently engages in such conduct, shall be punished as
provided in subsection (b).
``(2) Causing travel of victim.--A person who causes
another person to travel in interstate or foreign commerce or
to or from Indian country by force, coercion, duress, or fraud,
and in the course of or as a result of such conduct or travel
engages in conduct that violates the portion of a protection
order that prohibits or provides protection against violence,
threats, or harassment against, contact or communication with,
or physical proximity to, another person, or that would violate
such a portion of a protection order in the jurisdiction in
which the order was issued, shall be punished as provided in
subsection (b).''.
(d) Definitions.--Section 2266 of title 18, United States Code, is
amended--
(1) by inserting after the first undesignated paragraph the
following:
```serious bodily injury' has the meaning stated in section
2119(2).''; and
(2) by striking the final undesignated paragraph and
inserting the following:
```travel in interstate or foreign commerce' does not include
travel from 1 State to another by an individual who is a member
of an Indian tribe and who remains at all times in the
territory of the Indian tribe of which the individual is a
member.''.
SEC. 5210. DOMESTIC VIOLENCE AGAINST WOMEN BY MEMBERS OF THE ARMED
FORCES.
(a) Requirement for Review.--The Secretary of Defense shall conduct
a detailed review of the extent of the occurrence of domestic violence
by members of the Armed Forces at military installations inside and
outside the United States and the actions taken within the Department
of Defense to prevent, control, and otherwise respond to domestic
violence by Armed Forces personnel at the military installations. The
Secretary shall commence the review not later than 30 days after the
date of enactment of this Act.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Senate and the House of
Representatives a report on the review required by subsection (a). The
report shall include a detailed discussion of the results of the review
and any recommendations for actions responding to domestic violence at
the military installations.
Subchapter B--Strengthening Services to Victims of Violence
SEC. 5211. SHELTERS FOR BATTERED WOMEN AND CHILDREN.
(a) Reauthorization.--Section 310(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as
follows:
``(a) In General.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this title
$120,000,000 for each of the fiscal years 2001 and 2002.
``(2) Source of funds.--Amounts made available under
paragraph (1) may be appropriated from the Violent Crime
Reduction Trust Fund established under section 310001 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14211).''.
(b) Needs Assessment.--Title III of the Family Violence Prevention
and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the
end the following:
``SEC. 319. NEEDS ASSESSMENT.
``In carrying out this title, the Secretary shall provide for the
conduct of a nationwide needs assessment relating to the programs
carried out under this title. In awarding grants, application shall
indicate number of persons served and develop a plan for evaluating
need and utility of services.''.
SEC. 5212. NATIONAL DOMESTIC VIOLENCE HOTLINE.
(a) Reauthorization.--Section 316(f)(1) of the Family Violence
Prevention and Services Act (42 U.S.C. 10416(f)(1)) is amended to read
as follows:
``(1) In general.--There are authorized to be appropriated
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section
$2,000,000 for each of fiscal years 2000 through 2003.''.
(b) Report by Grantees.--Section 316 of the Family Violence
Prevention and Services Act (42 U.S.C. 10416) is amended by adding at
the end the following:
``(g) Report by Grantees.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, each recipient of a grant under
this section shall prepare and submit a report to the Secretary
that evaluates the effectiveness of the use of amounts received
by the recipient under this section and containing such other
information as the Secretary may prescribe.
``(2) Notice and public comment.--Before renewing any grant
under this section, the Secretary shall publish in the Federal
Register a copy of each report submitted under this subsection
and provide not less than 90 days for notice and opportunity
for public comment on the published report.''.
SEC. 5213. BATTERED IMMIGRANT WOMEN.
(a) Removing Barriers to Adjustment of Status for Victims of
Domestic Violence.--
(1) In general.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (a), by inserting ``of an alien
who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
204(a)(1) or'' after ``The status'';
(B) in subsection (a), by adding at the end the
following: ``An alien who qualifies for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii) of section 204(a)(1) who files for adjustment
of status under this subsection shall pay a $1,000 fee,
subject to the provisions of section 245(k).'';
(C) in subsection (c)(2), by striking ``201(b) or a
special'' and inserting ``201(b), an alien who
qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
204(a)(1), or a special'';
(D) in subsection (c)(4), by striking ``201(b))''
and inserting ``201(b) or an alien who qualifies for
classification under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section 204(a)(1))'';
(E) in subsection (c)(5), by inserting ``(other
than an alien who qualifies for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1))'' after ``an alien''; and
(F) in subsection (c)(8), by inserting ``(other
than an alien who qualifies for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1)'' after ``any alien''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications for adjustment of status pending on
or after the date of enactment of this Act.
(b) Removing Barriers to Cancellation of Removal and Suspension of
Deportation for Victims of Domestic Violence.--
(1) In general.--
(A) Special rule for calculating continuous period
for battered spouse or child.--Paragraph (1) of section
240A(d) of the Immigration and Nationality Act (8
U.S.C. 1229b(d)(1)) is amended to read as follows:
``(1) Termination of continuous period.--
``(A) In general.--Except as provided in
subparagraph (B), for purposes of this section, any
period of continuous residence or continuous physical
presence in the United States shall be deemed to end
when the alien is served a notice to appear under
section 239(a) or when the alien has committed an
offense referred to in section 212(a)(2) that renders
the alien inadmissible to the United States under
section 212(a)(2) or removable from the United States
under section 237(a) (2) or (4), whichever is earliest.
``(B) Special rule for battered spouse or child.--
For purposes of subsection (b)(2), the service of a
notice to appear referred to in subparagraph (A) shall
not be deemed to end any period of continuous physical
presence in the United States.''.
(B) Exemption from annual limitation on
cancellation of removal for battered spouse or child.--
Section 240A(e)(3) of the Immigration and Nationality
Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the
end the following:
``(C) Aliens whose removal is canceled under
subsection (b)(2).''.
(C) Effective date.--The amendments made by
subparagraphs (A) and (B) shall take effect as if
included in the enactment of section 304 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104-208; 110 Stat. 587).
(2) Modification of certain transition rules for battered
spouse or child.--
(A) In general.--Subparagraph (C) of section
309(c)(5) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note) (as amended by section 203 of the Nicaraguan
Adjustment and Central American Relief Act) is
amended--
(i) by amending the subparagraph heading to
read as follows:
``(C) Special rule for certain aliens granted
temporary protection from deportation and for battered
spouses and children.--''; and
(ii) in clause (i)--
(I) by striking ``or'' at the end
of subclause (IV);
(II) by striking the period at the
end of subclause (V) and inserting ``;
or''; and
(III) by adding at the end the
following:
``(VI) is an alien who was issued
an order to show cause or was in
deportation proceedings prior to April
1, 1997, and who applied for suspension
of deportation under section 244(a)(3)
of the Immigration and Nationality Act
(as in effect before the date of
enactment of this Act).''.
(B) Effective date.--The amendments made by
subparagraph (A) shall take effect as if included in
the enactment of section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note).
(c) Eliminating Time Limitations on Motions to Reopen Removal and
Deportation Proceedings for Victims of Domestic Violence.--
(1) Removal proceedings.--
(A) In general.--Section 240(c)(6)(C) of the
Immigration and Nationality Act (8 U.S.C.
1229a(c)(6)(C)) is amended by adding at the end the
following:
``(iv) Special rule for battered spouses
and children.--There is no time limit on the
filing of a motion to reopen, and the deadline
specified in subsection (b)(5)(C) does not
apply, if the basis of the motion is to apply
for adjustment of status based on a petition
filed under clause (iii) or (iv) of section
204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), or section 240A(b)(2) and if the
motion to reopen is accompanied by
a cancellation of removal application to be filed with the Attorney
General or by a copy of the self-petition that will be filed with the
Immigration and Naturalization Service upon the granting of the motion
to reopen.''.
(B) Effective date.--The amendments made by
subparagraph (A) shall take effect as if included in
the enactment of section 304 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public
Law 104-208; 110 Stat. 587).
(2) Deportation proceedings.--
(A) In general.--Notwithstanding any limitation
imposed by law on motions to reopen deportation
proceedings under the Immigration and Nationality Act
(as in effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note)), there is no time limit on the filing of a
motion to reopen such proceedings, and the deadline
specified in section 242B(c)(3) of the Immigration and
Nationality Act (as so in effect) does not apply if the
basis of the motion is to apply for relief under clause
(iii) or (iv) of section 204(a)(1)(A) of the
Immigration and Nationality Act, clause (ii) or (iii)
of section 204(a)(1)(B) of such Act, or section
244(a)(3) of such Act (as so in effect) and if the
motion to reopen is accompanied by a cancellation of
removal application to be filed with the Attorney
General or by a copy of the self-petition that will be
filed with the Immigration and Naturalization Service
upon the granting of the motion to reopen.
(B) Applicability.--Subparagraph (A) shall apply to
motions filed by aliens who--
(i) are, or were, in deportation
proceedings under the Immigration and
Nationality Act (as in effect before the title
III-A effective date in section 309 of the
Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101
note)); and
(ii) have become eligible to apply for
relief under clause (iii) or (iv) of section
204(a)(1)(A) of the Immigration and Nationality
Act, clause (ii) or (iii) of section
204(a)(1)(B) of such Act, or section 244(a)(3)
of such Act (as in effect before the title III-
A effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1101 note)) as a result
of the amendments made by--
(I) subtitle G of title IV of the
Violent Crime Control and Law
Enforcement Act of 1994 (Public Law
103-322; 108 Stat. 1953 et seq.); or
(II) subsection (b) of this
section.
Subchapter C--Limiting the Effects of Violence on Children
SEC. 5214. REAUTHORIZATION OF RUNAWAY AND HOMELESS YOUTH GRANTS.
(a) In General.--Section 316(c) of the Runaway and Homeless Youth
Act (42 U.S.C. 5712d(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $20,000,000 for
each of fiscal years 2000 through 2003.''.
(b) Dissemination of Information.--Section 316 of part A of the
Runaway and Homeless Youth Act (42 U.S.C. 5712d) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Dissemination of Information.--The Secretary shall annually
compile and broadly disseminate (including through electronic
publication) information about the use of amounts expended and the
projects funded under this subtitle, including any evaluations of the
projects and information to enable replication and adoption of the
strategies identified in the projects. Such dissemination shall target
community-based programs, including domestic violence and sexual
assault programs.''.
SEC. 5215. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.
(a) Court-Appointed Special Advocate Program.--Section 218(a) of
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended
to read as follows:
``(a) Authorization.--There are authorized to be appropriated from
the Violent Crime Reduction Trust Fund established under section 310001
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14211) to carry out this subtitle--
``(1) $9,000,000 for fiscal year 2000;
``(2) $10,000,000 for fiscal year 2001; and
``(3) $12,000,000 for each of fiscal years 2002 and
2003.''.
(b) Child Abuse Training Programs for Judicial Personnel and
Practitioners.--Section 224(a) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13024(a) is amended to read as follows:
``(a) Authorization.--There are authorized to be appropriated from
the Violent Crime Reduction Trust Fund established under section 310001
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14211) to carry out this subtitle--
``(1) $2,000,000 for fiscal year 2000; and
``(2) $2,300,000 for each of fiscal years 2001 through
2003.''.
(c) Dissemination of Information.--The Attorney General shall
annually compile and broadly disseminate (including through electronic
publication) information about the use of amounts expended and the
projects funded under section 218(a) of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13014(a)), section 224(a) of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13024(a)), and section 1007(a)(7) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(7)), including any evaluations of the projects and information
to enable replication and adoption of the strategies identified in the
projects. Such dissemination shall target community-based programs,
including domestic violence and sexual assault programs.
Subchapter D--Strengthening Education and Training To Combat Violence
Against Women
SEC. 5216. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND ABUSE OF
WOMEN WITH DISABILITIES.
(a) In General.--The Attorney General shall make grants to States
and nongovernmental private entities to provide education and technical
assistance for the purpose of providing training, consultation, and
information on violence, abuse, and sexual assault against women who
are individuals with disabilities (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(b) Priorities.--In making grants under this section, the Attorney
General shall give priority to applications designed to provide
education and technical assistance on--
(1) the nature, definition, and characteristics of
violence, abuse, and sexual assault experienced by women who
are individuals with disabilities;
(2) outreach activities to ensure that women who are
individuals with disabilities who are victims of violence,
abuse, and sexual assault receive appropriate assistance;
(3) the requirements of shelters and victim services
organizations under Federal anti-discrimination laws, including
the Americans with Disabilities Act of 1990 and section 504 of
the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services
may accommodate the needs of individuals with disabilities in
accordance with the Americans with Disabilities Act of 1990.
(c) Uses of Grants.--Each recipient of a grant under this section
shall provide information and training to organizations and programs
that provide services to individuals with disabilities, including
independent living centers, disability-related service organizations,
and domestic violence programs providing shelter or related assistance.
(d) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $5,000,000 for
each of fiscal years 2000 through 2003.
SEC. 5217. COMMUNITY INITIATIVES.
Section 318 of the Family Violence Prevention and Services Act (42
U.S.C. 10418) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) by redesignating subparagraph (H) as
subparagraph (I); and
(C) by inserting after subparagraph (G) the
following:
``(H) groups that provide services to or advocate
on behalf of individuals with disabilities (as defined
in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102)); and''.
(2) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $6,000,000 for
each of fiscal years 2000 through 2003.''.
CHAPTER 2--GENERAL REFORMS
SEC. 5221. PARTICIPATION OF RELIGIOUS ORGANIZATIONS IN VIOLENCE AGAINST
WOMEN ACT OF 1994 PROGRAMS.
Notwithstanding any other provision of law--
(1) 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) that allows for the participation of nongovernmental
entities, programs, or agencies, or any private organizations;
(2) 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; and
(3) nothing in this section may 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. 5222. 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. 5223. 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. 5224. 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. 5225. 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 and Conforming Amendment.--The analysis for chapter
109A of title 18, United States Code, is amended by adding 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).
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 5231. INCREASED PENALTIES FOR POSSESSION OF MATERIAL INVOLVING THE
SEXUAL EXPLOITATION OF MINORS AND MATERIAL CONSTITUTING
OR CONTAINING CHILD PORNOGRAPHY.
(a) Sexual Exploitation of Minors.--Section 2252(b)(2) of title 18,
United States Code, is amended--
(1) by striking ``5'' and inserting ``15'';
(2) by striking ``2'' and inserting ``5''; and
(3) by striking ``10'' and inserting ``20''.
(b) Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended--
(1) by striking ``5'' and inserting ``15'';
(2) by striking ``2'' and inserting ``5''; and
(3) by striking ``10'' and inserting ``20''.
SEC. 5232. CHILD ABUSE MURDERS.
Section 1111 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``child abuse,'' after ``sexual
abuse,''; and
(B) by inserting ``or perpetrated as part of a
pattern or practice of assault or torture against a
child or children under the perpetrator's care or
control;'' after ``robbery;''; and
(2) by adding at the end the following:
``(c) Definitions.--In this section--
``(1) the term `assault' has the same meaning as in section
113;
``(2) the term `child' means a person who is less than 18
years of age;
``(3) the term `child abuse' means intentionally,
knowingly, or recklessly causing serious bodily injury (as
defined in section 1365) to a child under the perpetrator's
care or control;
``(4) the term `pattern or practice of assault or torture'
means assault or torture engaged in on not less than 2
occasions; and
``(5) the term `torture' means an act, whether or not
committed under the color of law, that otherwise satisfies the
definition set forth in section 2340(1).''.
SEC. 5233. SENTENCING ENHANCEMENT FOR CRIMES COMMITTED IN THE PRESENCE
OF CHILDREN.
(a) Definitions.--In this section--
(1) the term ``crime of violence'' has the meaning given
the term in section 25 of title 18, United States Code; and
(2) the term ``child'' means a person who is less than 15
years of age.
(b) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994(p) of title 28, United States Code,
and in accordance with this section, the United States Sentencing
Commission shall review and amend its guidelines and its policy
statements to provide for increased penalties for persons convicted of
crimes of violence that are committed in the presence of a child.
(c) Requirements.--In carrying out this section, the Sentencing
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious effects on children of exposure
to violence, especially in the home, and the need for
aggressive and appropriate law enforcement action to prevent
such exposure;
(2) consider providing an additional sentencing enhancement
for persons convicted of offenses described in subsection (b)
in appropriate circumstances;
(3) consult with individuals or groups representing crime
victims, victimized and exploited children, victims of domestic
violence, the Indian tribal governments, law enforcement, and
the Federal judiciary as part of the review described in
subsection (b);
(4) ensure reasonable consistency with other relevant
directives and with other guidelines;
(5) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(6) make any necessary conforming changes to the sentencing
guidelines; and
(7) ensure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(d) Emergency Authority.--The Commission shall promulgate the
guidelines or amendments provided for under this section as soon as
practicable in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987, as though the authority under that
Act has not expired.
(e) Study and Report on Exposure of Children to Crimes of
Violence.--Not later than June 1, 2000, the United States Sentencing
Commission shall submit a report to Congress on issues relating to the
exposure of children to crimes of violence. The report shall explain
the changes to sentencing policy made by the Sentencing Commission in
response to this Act and include any recommendations that the
Commission may have for retention or modification of current penalty
levels, including statutory penalty levels, and for otherwise combating
exposure of children to crimes of violence and the serious effects that
are associated with such exposure.
SEC. 5234. RIGHTS OF CHILD VICTIMS AND WITNESSES.
(a) Definitions.--Section 3509(a)(2) of title 18, United States
Code, is amended--
(1) in subparagraph (A), by striking ``of physical abuse,
sexual abuse, or exploitation''; and
(2) in subparagraph (B), by striking ``committed against
another person'' and inserting ``, other than a crime the child
committed or to which the child contributed as a codefendant or
conspirator''.
(b) Alternatives to Live In-Court Testimony.--Section 3509(b) of
title 18, United States Code, is amended, in each of paragraphs (1)(A)
and (2)(A), by inserting ``or an offense to which a child is a
witness'' after ``child''.
(c) Privacy Protection.--Section 3509(d) of title 18, United States
Code, is amended--
(1) in each paragraphs (1), (2), and (3)(A), by inserting
``or a person who was a child at the time of the offense''
after ``child'' each place it appears;
(2) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, evidence,
or other items'' after ``documents'' each place it
appears; and
(B) by adding at the end the following:
``(C) The requirements of subparagraph (A) shall apply,
regardless of whether the person described in that paragraph
continues to act in a capacity described in subparagraph (B) at
the time of the disclosure.'';
(3) in paragraph (2)--
(A) by inserting ``, evidence, or other items''
after ``papers''; and
(B) in each of subparagraphs (A) and (B), by
inserting ``, evidence, or other item'' after
``paper'';
(4) in paragraph (3), by inserting ``or a person who was a
child at the time of the offense'' after ``child'' the second
and third places it appears;
(5) in paragraph (4)--
(A) by inserting ``or a person who was a child at
the time of the offense'' after ``child'' the first and
third places it appears; and
(B) by striking ``or an adult attendant'' and
inserting ``an adult attendant, or a victim or witness
assistance program''; and
(6) by adding at the end the following:
``(5) Applicability to grand jury proceedings.--The
provisions of this subsection may be applied to proceedings of
the grand jury, including lists of witnesses and exhibits.''.
(d) Closing the Courtroom.--Section 3509(e) of title 18, United
States Code, is amended by inserting ``or a person who was a child at
the time of the offense'' after ``child'' each place it appears.
(e) Adult Attendant.--Section 3509(i) of title 18, United States
Code, is amended--
(1) in the last sentence, by striking ``child attendant''
and inserting ``adult attendant''; and
(2) by inserting ``, if such testimony or deposition is
carried out under subsection (b)'' before the period at the
end.
SEC. 5235. TECHNICAL CORRECTIONS TO FORFEITURE STATUTES FOR SEXUAL
EXPLOITATION OF MINORS.
(a) Criminal Forfeiture for Offenses Against Minors.--Section
2253(a) of title 18, United States Code, is amended by striking ``or
2423'' and inserting ``2423, or 2425''.
(b) Civil Forfeiture for Offenses Against Minors.--Section
2254(a)(1) of title 18, United States Code, is amended by striking ``or
2423'' and inserting ``2423, or 2425''.
(c) Civil Remedy for Personal Injuries Resulting From Certain Sex
Crimes Against Children.--Section 2255(a) of title 18, United States
Code, is amended by striking ``or 2423'' and inserting ``2423, or
2425''.
SEC. 5236. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.
(a) In General.--Section 1404(c) of the Victims of Crime Act of
1984 (42 U.S.C. 10603(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) to assist Federal law enforcement agencies in
providing services to victims of non-Federal crime;
``(D) for the financial support of services to
United States citizens who are victims of crime
occurring outside the United States; and
``(E) for the establishment of a fellowship or
internship program in the Office to utilize the
expertise and experience of the victims community to
carry out training and technical assistance services
and special projects authorized by the subchapter.'';
and
(2) by striking paragraph (2) and inserting the following:
``(2) Of the amount available for grants under this
subsection--
``(A) not more than 50 percent shall be used for
grants under subparagraphs (A) and (E) of paragraph
(1); and
``(B) not less than 50 percent shall be used for
grants under subparagraphs (B), (C), and (D) of
paragraph (1).''.
(b) Victims of Terrorism.--Section 1404B of the Victims of Crime
Act of 1984 (42 U.S.C. 10603b) is amended to read as follows:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR
MASS VIOLENCE.
``The Director may make supplemental grants, as provided in either
section 1402(d)(4)(B) or 1404, to States for eligible crime victim
compensation and assistance programs, and to instrumentalities of the
Federal Government, and to organizations or agencies which provide
emergency and ongoing assistance to victims of crime, to provide
emergency relief (including compensation, assistance, and crisis
response) and to provide emergency responders with training and
technical assistance, for the benefit of--
``(1) victims of a terrorist act or mass violence occurring
within the United States (as defined in section 2340 of title
18, United States Code); and
``(2) individuals--
``(A) who are--
``(i) citizens of the United States; or
``(ii) officers or employees of the Federal
Government; and
``(B) who--
``(i) while outside of the United States
are victims of a terrorist act or mass
violence; and
``(ii) are not eligible for compensation
under title VIII of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986.''.
SEC. 5237. VICTIMIZATION DATA ON DISABLED PERSONS.
The Crime Victims With Disabilities Awareness Act (42 U.S.C. 3732
note) is amended by striking section 5 and inserting the following:
``SEC. 5. NATIONAL CRIME VICTIMIZATION SURVEY.
``Not later than 1 year after completion of the study under section
4, the Bureau of Justice Statistics shall initiate revisions to the
National Crime Victimization Survey, following a period of
experimentation and pretesting, designed to systematically gather data
from individuals with developmental disabilities relating to--
``(1) the nature of crimes against such individuals; and
``(2) the specific characteristics of such victims.''.
SEC. 5238. WIRETAPPING AUTHORITY FOR SEX TOURISM INVESTIGATIONS.
Section 2516(1)(c) of title 18, United States Code, is amended by
inserting ``section 2423(b) (relating to travel with intent to engage
in sexual acts with juveniles),'' before ``section 1203''.
Subtitle C--Victims Rights Amendment
SEC. 5301. SENSE OF THE SENATE.
(a) Findings.--The Senate finds that--
(1) each year in the United States there are 9,000,000
victims of violent crime who suffer injury and loss at the
hands of violent offenders;
(2) the Constitution of the United States provides
fundamental rights to defendants in the criminal justice
process, including the right to due process, the right to be
informed of the nature and cause of the accusation, the right
to a speedy and public trial by an impartial jury, the right to
confront witnesses, the right to counsel, and the right to be
free from the compulsion to self-incrimination;
(3) the Constitution of the United States contains no
specific rights protecting victims in the criminal justice
process;
(4) the Constitution of the United States does not preserve
for crime victims--
(A) a right to notice of proceedings related to the
crime against them;
(B) the right to have their interest in a speedy
trial considered;
(C) the right to be present and heard at
proceedings related to the crime against them,
including bail hearings, plea acceptance hearings, and
sentencing hearings;
(D) the right to be informed and have their safety
considered when the criminal by whom they were
victimized is released or escapes; or
(E) the right to an order that restitution be made
by the criminal by whom they were victimized; and
(5) victims of crime often feel abused by the criminal
justice system which frequently does not recognize their
rights.
(b) Sense of the Senate.--It is the sense of the Senate that
Congress should pass and refer to the States for consideration and
ratification an amendment to the Constitution of the United States
recognizing and protecting the rights of victims of crime in the
criminal justice process.
Subtitle D--Recognition of Victims in Sentencing
SEC. 5401. COMPOSITION OF UNITED STATES SENTENCING COMMISSION.
(a) In General.--Section 991(a) of title 28, United States Code, is
amended by inserting after ``same political party.'' the following:
``Of the members who are not Federal judges, not less than 2 members
shall be individuals who are victims of a crime of violence (as that
term is defined in section 16 of title 18) or, in the case of a
homicide, an immediate family member of such a victim.''.
(b) Applicability.--The amendment made by this section shall apply
with respect to any appointment made on or after the date of enactment
of this Act.
TITLE VI--PRISONS AND JAILS
Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing
Incentive Grants
SEC. 6101. REAUTHORIZATION OF GRANTS.
(a) Authorization of Grants.--Section 20102(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) subject to the requirements of section 20105(f), to
open or operate a correctional facility or jail, including the
hiring and training of correctional officers and other
correctional facility or jail personnel.''.
(b) Special Rules.--Section 20105 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13705) is amended--
(1) in subsection (a)(1), by striking ``not more than 15''
and inserting ``not less than 20''; and
(2) by adding at the end the following:
``(f) Operating Costs.--Notwithstanding any other provision of this
subtitle, a State (or a unit of local government located in a State)
that otherwise meets the requirements of section 20103 or 20104, may
use amounts received under this subtitle for the operation of prisons
or jails, including the hiring or training of correctional officers or
other correctional facility or jail personnel, if the State certifies
to the Attorney General that--
``(1) the State has met the requirements of section 20104
for each of the 3 preceding years;
``(2) the population of correctional facilities and jails
in the State or unit of local government is not less than 10
percent below rated capacity for such facilities;
``(3) the State has not, during the preceding 12 months,
rented prison bed space in another State for the purpose of
relieving prison or jail overcrowding; and
``(4) the State has implemented, or, within 18 months after
the initial certification under this subsection, will
implement--
``(A) laws, policies, or procedures requiring
inmates to pay minimal amounts as a user copayment for
the utilization of prison or jail medical services; and
``(B) laws, policies, or procedures, including the
requirement of payment of filing fees, to discourage
the filing in State court of frivolous or harassing
lawsuits by inmates.''.
(c) Authorization of Appropriations.--Section 20108(a)(1) of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13708(a)(1)) is amended to read as follows:
``(1) Authorizations.--There is authorized to be
appropriated to carry out this subtitle $700,000,000 for each
of fiscal years 2001 through 2005.''.
(d) Payments For Incarceration on Tribal Lands.--Section 20109 of
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709) is amended by striking ``to carry out this section--'' and all
that follows before the period at the end and inserting the following:
``to carry out this section, an amount equal to the amount to which all
Indian tribes that qualify for a grant under this section would
collectively be entitled, if such tribes were collectively treated as a
State for purposes of section 20108(a)(2)''.
(e) Elimination of Certain Payments.--
(1) In general.--Subtitle A of title II of Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et
seq.) is amended--
(A) by striking sections 20110 and 20111; and
(B) by redesignating section 20112 as section
20110.
(2) Technical and conforming amendments.--The table of
contents of the Violent Crime Control and Law Enforcement Act
of 1994 is amended, in the matter relating to subtitle A of
title II--
(A) by striking the items relating to section 20110
and 20111; and
(B) by redesignating the item relating to section
20112 as an item relating to section 20110.
Subtitle B--Criminal Alien Incarceration
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``Transfer of Alien Prisoners Act
of 1999''.
SEC. 6202. TRANSFERS OF ALIEN PRISONERS.
(a) In General.--Not later than December 31, 2000, 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. 6203. 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, 2000,
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 subtitle 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. 6204. 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 6203(a).
SEC. 6205. 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
subtitle; 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 subtitle;
(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 subtitle; 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 subtitle;
(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. 6206. 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. 6207. 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 subtitle 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 6206 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 subtitle 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 subtitle 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 6205, 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
subtitle, 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 subtitle;
(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 subtitle; and
(C) taken domestic legal and law enforcement
measures to implement the provisions and purposes of
this subtitle;
(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 6202 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 subtitle.
(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
subtitle, 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 subtitle, 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. 6208. 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. 6209. JUDGMENTS UNAFFECTED.
Nothing in this subtitle may 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. 6210. UNITED STATES ASSISTANCE DEFINED.
In this subtitle, the term ``United States assistance'' means any
assistance under the Foreign Assistance Act of 1961.
SEC. 6211. 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.
Subtitle C--Drug-Free Prisons and Jails
SEC. 6301. DRUG-FREE PRISONS AND JAILS INCENTIVE GRANTS.
(a) In General.--Subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et seq.), as
amended by section 6101(e) of this title, is amended--
(1) by redesignating section 20110 as section 20111; and
(2) by inserting after section 20109 the following:
``SEC. 20110. DRUG-FREE PRISONS AND JAILS BONUS GRANTS.
``(a) In General.--The Attorney General shall make incentive grants
in accordance with this section to eligible States and Indian tribes,
in order to encourage the establishment and maintenance of drug-free
prisons and jails.
``(b) Reservation of Funds.--Notwithstanding any other provision of
this subtitle, in each fiscal year, before making the allocations under
sections 20106 and 20108(a)(2) or the reservation under section 20109,
the Attorney General shall reserve 10 percent of the amount made
available to carry out this subtitle for grants under this section.
``(c) Eligibility.--
``(1) In general.--To be eligible to receive a grant under
this section, a State or Indian tribe shall demonstrate to the
Attorney General that the State or Indian tribe--
``(A) meets the requirements of section 20103; and
``(B) has established, or, within 18 months after
the initial submission of an application this section
will implement, a program or policy of drug-free
prisons and jails for correctional and detention
facilities, including juvenile facilities, in its
jurisdiction.
``(2) Contents of program or policy.--The drug-free prisons
and jails program or policy under paragraph (1)(B)--
``(A) shall include--
``(i) a zero-tolerance policy for drug use
or presence in State facilities, including
routine sweeps and inspections for drugs,
routine drug tests, and improved screening for
drugs and other contraband of prison visitors
and prisoner mail;
``(ii) establishment and enforcement of
penalties, including prison disciplinary
actions and criminal prosecution for the
introduction, possession, or use of drugs in
any prison or jail;
``(iii) the implementation of residential
drug treatment programs; and
``(iv) drug testing of all inmates upon
intake and upon release from incarceration; and
``(B) may include a system of incentives for
prisoners to participate in counter-drug programs such
as drug treatment and drug-free wings with greater
privileges, except that incentives under this paragraph
may not include the early release of any prisoner
convicted of a crime of violence.
``(d) Application.--In order to be eligible to receive a grant
under this section, a State or Indian tribe shall submit to the
Attorney General an application, in such form and containing such
information, including rates of positive drug tests among inmates upon
intake and release from incarceration, as the Attorney General may
reasonably require.
``(e) Use of Funds.--Amounts received by a State or Indian tribe
from a grant under this section may be used--
``(1) to implement the program under subsection (c)(2); or
``(2) for any other purpose permitted by this subtitle.
``(f) Allocation of Funds.--
``(1) In general.--Grants awarded under this section shall
be in addition to any other grants a State or Indian tribe may
be eligible to receive under this subtitle or under part S of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796ff et seq.).
``(2) Allocation.--Amounts reserved for grants pursuant to
subsection (b) shall be allocated and distributed to eligible
States and Indian tribes in the same manner as Truth-in-
Sentencing Incentive Grants under section 20104 are allocated
and distributed under section 20106(b).''.
SEC. 6302. 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 or each prisoner who is
determined by the Bureau to have 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.
SEC. 6303. PRISON COMMUNICATIONS.
(a) Communications Assistance For Law Enforcement.--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.--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) of this
section and interceptions described in section 2511(i), 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.''.
(b) Demands for Production of Certain Statements and Reports.--
Section 3500(e)(2) of title 18, United States Code, is amended by
inserting before the semicolon the following: ``, except any such
statement recorded from a telephone in a Federal, State, or local
correctional or detention facility, unless the defendant shows the
substantial likelihood that the statement will lead to admissible
evidence''.
(c) Authority To Monitor Prison Communications.--Section 2511(2) of
title 18, United States Code, is amended by adding at the end the
following:
``(i) Authority to Monitor Prison Communications.--Nothing in this
chapter or any other provision of law may be construed to prohibit the
routine recording or monitoring by officers of any Federal, State, or
local correctional or detention facility of any electronic
communication, 1 of the parties to which is an inmate or detainee in
such facility.''.
(d) Providing Contraband to an Individual in Custody of the Bureau
of Prisons or the Attorney General.--Section 1791 of title 18, United
States Code, is amended--
(1) in subsection (a), in each of paragraphs (1) and (2),
by striking ``inmate of a prison'' and inserting ``individual
in the custody of the Bureau of Prisons or the Attorney
General, or confined in any institution or facility by
direction of the Attorney General''; and
(2) in subsection (d)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) in paragraph (3), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (4).
Subtitle D--Prison Work
SEC. 6401. SHORT TITLE.
This subtitle may be cited as the ``Prison Work Act of 1999''.
SEC. 6402. FEDERAL 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. 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) Technical and Conforming Amendment.--The analysis for chapter
303 of title 18, United States Code, is amended by adding at the end
the following:
``4048. Prisoner work requirement.''.
SEC. 6403. PURCHASES FROM FEDERAL PRISON INDUSTRIES.
(a) In General.--Section 4124 of title 18, United States Code, is
amended by striking subsections (a) and (b) and inserting the
following:
``(a) A Federal agency that has a requirement for a specific
product listed in the current edition of the catalog required by
subsection (d) shall--
``(1) provide a copy of the notice required by section 18
of the Office of Federal Procurement Policy Act (41 U.S.C. 416)
to Federal Prison Industries not less than 15 days before the
issuance of a solicitation of offers for the procurement of
such product;
``(2) use competitive procedures for the procurement of
that product, unless--
``(A) the head of the agency justifies the use of
procedures other than competitive procedures in
accordance with section 2304(f) of title 10 or section
303(f) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(f)); or
``(B) the Attorney General makes the determination
described in subsection (b)(1) not later than 15 days
after receiving a notice of the requirement pursuant to
paragraph (1); and
``(3) consider a timely offer from Federal Prison
Industries for award in accordance with the specifications and
evaluation factors specified in the solicitation.
``(b) A Federal agency that has a requirement for a product
referred to in subsection (a) shall--
``(1) on a noncompetitive basis, negotiate a contract with
Federal Prison Industries for the purchase of the product if
the Attorney General personally determines, within the period
described in subsection (a)(2)(B), that--
``(A) it is not reasonable to expect that Federal
Prison Industries would be selected for award of the
contract on a competitive basis; and
``(B) it is necessary to award the contract to
Federal Prison Industries in order--
``(i) to maintain work opportunities that
are essential to the safety and effective
administration of the penal facility at which
the contract would be performed; or
``(ii) to permit diversification into the
manufacture of a new product that has been
approved for sale by the Federal Prison
Industries board of directors in accordance
with this chapter; and
``(2) award the contract to Federal Prison Industries if
the contracting officer determines that Federal Prison
Industries can meet the requirements of the agency with respect
to the product in a timely manner and at a fair and reasonable
price.''.
(b) Limitation on New Products and Expansion of Production.--
Section 4122(b) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Federal Prison Industries shall, to the maximum extent
practicable, concentrate any effort to produce a new product or to
expand significantly the production of an existing product on products
that are otherwise produced with non-United States labor.''; and
(3) in paragraph (6), as redesignated, by striking
``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''.
(c) Modification of Prohibition on Sales of Prisoner-Made
Products.--Section 1761 of title 18, United States Code, is amended by
striking subsections (b) through (d) and inserting the following:
``(b)(1) This section does not apply to goods, wares, or
merchandise manufactured or produced, or services provided, by inmates
at an industry--
``(A) provided by Federal Prison Industries (unless the
Attorney General has exercised his or her authority with
respect to that product pursuant to section 4124(b)); or
``(B) provided by a State, unless--
``(i) the industry is operated by a person other
than the State; and
``(ii) after September 30, 2008, the State does not
have in effect any requirement that the departments and
agencies of the State purchase a portion of their
requirements for such goods, wares, merchandise, or
services provided by products produced by inmates at
that industry.
``(2) In this subsection, the term `State' means a State of the
United States and any commonwealth, territory, or possession of the
United States.''.
(d) Study of Foreign-Made Goods.--The Director of the Bureau of
Labor Statistics shall make an initial determination of those goods
(described by Standard Industrial Product Code published by the Office
of Management and Budget) of which 95 percent or more of the amount
sold in the United States are fabricated in a foreign place. The
Director shall report that determination to Congress, not later than
180 days after the date of enactment of this Act.
(e) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of enactment of this Act.
SEC. 6404. PRISONER COMMUNITY SERVICE PROJECTS.
(a) In General.--Chapter 303 of title 18, United States Code, as
amended by section 6402(a) of this subtitle, is amended by adding at
the end the following:
``Sec. 4049. Community service projects
``(a) Subject to the limitations of this section, and pursuant to
rules prescribed by the Attorney General, the chief executive officer
of a Federal penal or correctional facility may, as part of an inmate
work program, provide products or services, free of charge or at
minimal cost, to private, nonprofit organizations (as defined in
section 501(c)(3) of the Internal Revenue Code of 1986) or to a
component of any State government or political subdivision thereof.
``(b) Products provided under subsection (a) shall be constructed
in substantial part through the use of scrap or waste materials that
constitute excess property, as defined in section 3(e) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 472(e)).
Such products shall not be resold by the recipient.
``(c) Services provided under subsection (a)--
``(1) shall be used only for the benefit of the recipient
entity and not for the benefit of any individual or
organization other than the recipient; and
``(2) shall not displace an employee of the recipient or
result in a reduction in hours, wages, or employment benefits
of any employee of the recipient.
``(d) No goods or services may be provided under this section by a
Federal penal or correctional facility, if the provision of those goods
or services would reduce the number of inmates employed at any Federal
Prison Industries operations at that facility. Nothing this section
shall be construed to increase or otherwise affect the powers of
Federal Prison Industries.''.
(b) Technical and Conforming Amendments.--
(1) Chapter analysis.--The analysis for chapter 303 of
title 18, United States Code, as amended by section 6402(b) of
this subtitle, is amended by adding at the end the following:
``4049. Community service projects.''.
(2) Federal property and administrative services act
amendment.--The second undesignated paragraph of section 602(d)
of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 474), is amended--
(A) in paragraph (20), by striking ``or'' at the
end;
(B) in paragraph (21), by striking the period at
the end of and inserting a semicolon; and
(C) by inserting after paragraph (21) the
following:
``(22) the Federal Bureau of Prisons, with respect to the
disposal of property used to produce those products described
in section 4049 of title 18, United States Code.''.
(3) Exception to prohibition on shipment of goods.--Section
1761(b) of title 18, United States Code, is amended by striking
the period at the end and inserting ``, nor to products
provided pursuant to section 4049 of this title.''.
Subtitle E--Federal Incarceration Improvement
SEC. 6501. SHORT TITLE.
This subtitle may be cited as the ``Federal Incarceration
Improvement Act''.
SEC. 6502. REPORT ON FEDERAL PRISON OVERCROWDING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall submit to the
Committees on the Judiciary of the Senate and the House of
Representatives and the Committees on Appropriations of the Senate and
the House of Representatives a report on overcrowding in the Federal
prison system.
(b) Contents of Report.--The report submitted under subsection (a)
shall include--
(1) 10-year projections for the population of the Federal
prison system; and
(2) specific recommendations on prison space needs,
including--
(A) potential sites for new Federal prisons;
(B) cost estimates for the construction of
additional Federal prison space; and
(C) specific timetables for the construction of
additional Federal prison space.
SEC. 6503. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.
(a) Transfer and Redesignation.--The second section designated as
section 1932 of title 28, United States Code (relating to revocation of
earned release credit), is--
(1) redesignated as section 3624A of title 18, United
States Code;
(2) transferred to chapter 229 of title 18, United States
Code; and
(3) inserted after section 3624 of title 18, United States
Code.
(b) Transmission of Finding.--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 the following:
``(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
regarding whether--'';
(4) in paragraph (2), by striking ``solely'';
(5) in paragraph (3)--
(A) by striking ``testifies'' and inserting
``testified''; and
(B) by striking ``presents false evidence'' and
inserting ``presented false allegations, pleadings,
evidence, or''; and
(6) by adding at the end the following:
``(b) Transmission of Finding.--If the court makes any affirmative
finding under paragraph (1), (2), or (3) of subsection (a)--
``(1) the court shall transmit to the Bureau of Prisons
that affirmative finding; and
``(2) upon receipt of an affirmative finding transmitted
under paragraph (1), the Bureau of Prisons shall revoke the
amount of unvested good time credit or the institutional
equivalent accrued to the prisoner pursuant to section 3264 as
is determined to be appropriate by the Director of the Bureau
of Prisons.''.
(c) Technical and Conforming Amendments.--
(1) Title 28.--The analysis for chapter 123 of title 28,
United States Code, is amended by striking the second item
relating to section 1932 (relating to revocation of earned
release credit).
(2) Title 18.--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.''.
(d) Release of Prisoner.--Section 3624(b) of title 18, United
States Code, is amended--
(1) in paragraph (1), by striking the fourth sentence and
inserting the following: ``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 ``, and may be revoked
by the Bureau of Prisons for noncompliance with institutional
disciplinary regulations at any time before vesting'' before
the period at the end.
SEC. 6504. IMPLEMENTATION OF A FEDERAL 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) by striking ``in the manner'' and all that follows
before the period at 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 States Code, as amended by this
section.
(c) Facilities.--
(1) In general.--Section 3597 of title 18, United States
Code, is amended to read as follows:
``Sec. 3597. Facilities for the implementation of a sentence of death
``(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.
``(b) Excuse of an Employee on Moral or Religious Grounds.--
``(1) In general.--No employee of the Department of
Justice, the Federal Bureau of Prisons, or the United States
Marshals Service, or any employee providing services to that
department, bureau, or service under contract, shall be
required, as a condition of that employment or contractual
obligation, to be in attendance at or to participate in any
prosecution or execution under this section if that
participation is contrary to the moral or religious convictions
of the employee.
``(2) Participation defined.--In this subsection, the term
`participation' includes personal preparation of the condemned
individual and the apparatus used for execution and supervision
of the activities of other personnel in carrying out those
activities.''.
(2) Chapter analysis.--The analysis for chapter 228 of
title 18, United States Code, is amended by striking the item
relating to section 3597 and inserting the following:
``3597. Facilities for the implementation of a sentence of death.''.
SEC. 6505. PRISON AMENITIES.
(a) In General.--Chapter 303 of title 18, United States Code, as
amended by subtitle D of this title, is amended by adding at the end
the following:
``Sec. 4050. 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 or under contract to 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 this 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.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
303 of title 18, United States Code, as amended by subtitle D of this
title, is amended by adding at the end the following:
``4050. Certain amenities for prisoners prohibited.''.
SEC. 6506. PRISONER HEALTH CARE COPAYMENTS.
(a) Health Care Fees For Prisoners in Federal Institutions.--
(1) In general.--Chapter 303 of title 18, United States
Code, as amended by section 6505(a) of this subtitle, is
amended by adding at the end the following:
``Sec. 4051. Fees for health care services for prisoners
``(a) Definitions.--In this section--
``(1) the term `account' means the trust fund account (or
institutional equivalent) of a prisoner;
``(2) the term `Director' means the Director of the Bureau
of Prisons;
``(3) the term `health care provider' means any person who
is--
``(A) authorized by the Director to provide health
care services; and
``(B) operating within the scope of such
authorization;
``(4) the term `health care visit' means a visit, as
determined by the Director, by a prisoner to an institutional
or noninstitutional health care provider; and
``(5) the term `prisoner' means--
``(A) any individual who is incarcerated in an
institution under the jurisdiction of the Bureau of
Prisons; or
``(B) any other individual, as designated by the
Director, who has been charged with or convicted of an
offense against the United States.
``(b) Fees for Health Care Services.--
``(1) In general.--The Director, in accordance with this
section and with such regulations as the Director shall
promulgate to carry out this section, may assess and collect a
fee for health care services provided in connection with each
health care visit requested by a prisoner.
``(2) Exclusion.--The Director may not assess or collect a
fee under this section for preventative health care services,
as determined by the Director.
``(c) Persons Subject to Fee.--Each fee assessed under this section
shall be collected by the Director from the account of--
``(1) the prisoner receiving health care services in
connection with a health care visit described in subsection
(b)(1); or
``(2) in the case of health care services provided in
connection with a health care visit described in subsection
(b)(1) that results from an injury inflicted on a prisoner by
another prisoner, the prisoner who inflicted the injury, as
determined by the Director.
``(d) Amount of Fee.--Any fee assessed and collected under this
section shall be in an amount of not less than $2.
``(e) No Consent Required.--Notwithstanding any other provision of
law, the consent of a prisoner shall not be required for the collection
of a fee from the account of the prisoner under this section.
``(f) No Refusal of Treatment for Financial Reasons.--Nothing in
this section may be construed to permit any refusal of treatment to a
prisoner on the basis that--
``(1) the account of the prisoner is insolvent; or
``(2) the prisoner is otherwise unable to pay a fee
assessed under this section.
``(g) Use of Amounts.--
``(1) Restitution to specific victims.--Amounts collected
by the Director under this section from a prisoner subject to
an order of restitution issued pursuant to section 3663 or
3663A shall be paid to victims in accordance with the order of
restitution.
``(2) Allocation of other amounts.--Of amounts collected by
the Director under this section from prisoners not subject to
an order of restitution issued pursuant to section 3663 or
3663A--
``(A) 75 percent shall be deposited in the Crime
Victims Fund established under section 1402 of the
Victims of Crime Act of 1984 (42 U.S.C. 10601); and
``(B) 25 percent shall be available to the Attorney
General for administrative expenses incurred in
carrying out this section.
``(h) Reports to Congress.--Not later than 2 years after the date
of enactment of the Federal Prisoner Copayment Act of 1999, and
annually thereafter, the Director shall submit to Congress a report,
which shall include--
``(1) a description of the amounts collected under this
section during the preceding 24-month period; and
``(2) an analysis of the effects of the implementation of
this section, if any, on the nature and extent of heath care
visits by prisoners.''.
(2) Technical and conforming amendment.--The analysis for
chapter 303 of title 18, United States Code, as amended by
section 6505(b) of this subtitle, is amended by adding at the
end the following:
``4051. Fees for health care services for prisoners.''.
(b) Health Care Fees For Federal Prisoners in Non-Federal
Facilities.--Section 4013 of title 18, United States Code, is amended
by adding at the end the following:
``(c) Health Care Fees for Federal Prisoners in Non-Federal
Institutions.--Notwithstanding amounts paid under subsection (a)(3), a
State or local government may assess and collect a reasonable fee from
the trust fund account (or institutional equivalent) of a Federal
prisoner for health care services, if--
``(1) the prisoner--
``(A) is confined in a non-Federal institution
pursuant to an agreement between the Federal Government
and the State or local government; and
``(B) is not indigent;
``(2) the fee--
``(A) is authorized under State law; and
``(B) does not exceed the amount collected from
State or local prisoners for the same services; and
``(3) the services--
``(A) are provided within or outside of the
institution by a person who is licensed or certified
under State law to provide health care services and who
is operating within the scope of such license;
``(B) are provided at the request of the prisoner;
and
``(C) are not preventative health care services.''.
SEC. 6507. STUDY AND REPORT ON PROBATION AND SUPERVISED RELEASE.
(a) Findings.--Congress finds that--
(1) the probation service of the Federal courts serves as a
critical link in the Federal criminal justice system;
(2) public safety and the credibility and integrity of the
criminal justice system depend on the close and adequate
supervision of Federal convicts sentenced to terms of probation
and supervised release;
(3) presentencing reports prepared by Federal probation
officers form an important basis for the imposition of just and
adequate sentences on criminal defendants;
(4) the recognition of the rights of victims in the
criminal justice system, including the right to an order of
restitution from the defendant, depends on the work performed
by Federal probation officer; and
(5) the increase in Federal criminal cases and the
imposition of additional duties on Federal probation officers
require an evaluation of the resources and workload of the
probation service of the courts to ensure the public safety,
the recognition of victims' rights, and the smooth
administration of justice in the Federal courts.
(b) Study and Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Administrative
Office of the United States Courts shall submit to the Chief
Justice of the United States, the Attorney General, the
Committees on the Judiciary of the Senate and the House of
Representatives, and the Committees on Appropriations of the
Senate and the House of Representatives, a report on the
resources of the probation service of the Federal courts.
(2) Contents of report.--The report submitted under
paragraph (1) shall include--
(A) an analysis of the workload of the Federal
probation service, including--
(i) the average number of persons
supervised by each Federal probation officer;
(ii) the average annual number of
presentence reports made by each Federal
probation officer; and
(iii) the average annual number of victim
restitution cases handled by each Federal
probation officer; and
(B) recommendations on--
(i) the resources needed by the probation
service to meet its increasing duties and to
adequately supervise defendants sentenced to
probation or terms of supervised release;
(ii) means by which to improve the
consistency and reliability of the imposition
and enforcement of orders of restitution in
Federal criminal cases; and
(iii) other means by which to expeditiously
improve the functioning of the probation
service of the Federal courts in order to--
(I) ensure the close and adequate
supervision of defendants sentenced to
probation or terms of supervised
release for the public safety;
(II) improve the recognition of
victims' rights in the criminal justice
system; and
(III) enhance the smooth
administration of justice in the
Federal courts.
SEC. 6508. MEDICARE RATE ENFORCEMENT MECHANISM.
Section 1866(a)(1) of the Social Security Act (42 U.S.C.
1395cc(a)(1)) is amended--
(1) in subparagraph (R), by inserting a comma at the end;
(2) in subparagraph (S)(iii), by striking the period at the
end and inserting ``, and''; and
(3) by inserting after subparagraph (S)(iii) the following:
``(T) to be a participating provider of medical care for
prisoners and detainees in the custody of the Attorney General,
in accordance with the practices, payment methodology, and
amounts prescribed under regulations issued by the Attorney
General.''.
SEC. 6509. MEDICAL QUALITY ASSURANCE RECORDS.
(a) In General.--Chapter 303 of title 18, United States Code, as
amended by section 6506(a)(1) of this subtitle, is amended by adding at
the end the following:
``Sec. 4052. Confidentiality of medical quality assurance records
``(a) Definitions.--In this section:
``(1) Health care provider.--The term `health care
provider' means any health care professional who is authorized
by the Bureau of Prisons or any granting authority to provide
health care services.
``(2) Medical quality assurance program.--The term `medical
quality assurance program' means any activity carried out by or
for the Bureau of Prisons to assess the quality of medical
care, including activities conducted by individuals, medical or
dental treatment facility committees, or other review bodies
responsible for quality assurance, credentials, infection
control, patient care assessment (including treatment
procedures, blood, drugs, and therapeutics), medical records,
health resources management review and identification, and
prevention of medical or dental incidents and risks.
``(3) Medical quality assurance record.--The term `medical
quality assurance record' means the proceedings, records,
minutes, and reports, including internal agency documents, that
emanate from or refer to quality assurance program activities
described in paragraph (1) and are produced or compiled by the
Bureau of Prisons as part of a medical quality assurance
program.
``(b) Confidentiality of Records.--Medical quality assurance
records created by or for the Bureau of Prisons as part of a medical
quality assurance program are confidential and privileged. Such records
may not be disclosed to any person or entity, except as provided in
subsection (d).
``(c) Prohibition on Disclosure and Testimony.--
``(1) In general.--No part of any medical quality assurance
record described in subsection (b) may be subject to discovery
or admitted into evidence in any judicial or administrative
proceeding, except as provided in subsection (d).
``(2) Persons reviewing records.--A person who reviews or
creates medical quality assurance records for the Bureau of
Prisons or who participates in any proceeding for the purpose
of reviewing or creating such records may not be permitted or
required to testify in any judicial or administrative
proceeding with respect to such records or with respect to any
finding, recommendation, evaluation, opinion, or action taken
by such person or body in connection with such records except
as provided in this section.
``(d) Authorized Disclosure.--
``(1) In general.--Subject to paragraph (2), a medical
quality assurance record described in subsection (b) may be
disclosed, and a person referred to in subsection (c) may give
testimony in connection with such a record, only--
``(A) to a Federal, State, or local law enforcement
officer, if the record is requested in connection with
a criminal investigation.
``(B) to a criminal or civil law enforcement agency
or instrumentality charged under applicable law with
the protection of the public health or safety, if a
qualified representative of such agency or
instrumentality makes a written request that such
record or testimony be provided for a purpose
authorized by law.
``(C) to health care personnel, to the extent
necessary to meet a medical emergency affecting the
health or safety of any individual; or
``(D) to an officer or employee of the Bureau of
Prisons who has a need for such record or testimony to
perform official duties.
``(2) Deletion of certain information.--Except for a
disclosure under paragraph (1)(A), the name of and other
identifying information regarding any inmate receiving health
care services from the Bureau of Prisons, any Bureau of Prisons
employee or contractor, or any other individual associated with
the Bureau of Prisons for purposes of a medical quality
assurance program, contained in a medical quality assurance
record or document described in subsection (b), shall be
deleted from that record or document before any disclosure is
made under this subsection.
``(e) Disclosure for Certain Purposes.--Nothing in this section may
be construed--
``(1) to authorize or require the withholding from any
person or entity aggregate statistical information regarding
the result of Bureau of Prisons medical quality assurance
programs.
``(2) to authorize the withholding of any medical quality
assurance record from a committee of the House of
Representatives or the Senate, any joint committee of Congress,
or the General Accounting Office, if such record pertains to
any matter within their respective jurisdictions.
``(f) Prohibition on Disclosure of Record or Testimony.--A person
or entity having possession of or access to a record or testimony
described by this section may not disclose the contents of such record
in any manner or for any purpose except as provided in this section.
``(g) Exemption From Freedom of Information Act.--Medical quality
assurance records described in subsection (b) may not be made available
to any person under section 522 of title 5.
``(h) Limitation on Civil Liability.--A person who participates in
or provides information to a person or body that reviews or creates
medical quality assurance records described in subsection (b) shall not
be civilly liable for such participation or for providing such
information if the participation or provision of information was in
good faith based on prevailing professional standards at the time the
medical quality assurance program activity took place.
``(i) Application to Information in Certain Other Records.--Nothing
in this section shall be construed as limiting access to the
information in a record created and maintained outside a medical
quality assurance program, including an inmate's medical records, on
the ground that the information was presented during meetings of a
review body that are part of a medical quality assurance program.
``(j) Regulations.--The Director of the Bureau of Prisons may
prescribe regulations to implement this section.
``(k) Penalties.--Any person who willfully discloses a medical
quality assurance record other than as provided in this section,
knowing that such record is a medical quality assurance record, shall
be fined not more than $5,000 in the case of a first offense and not
more than $20,000 in the case of a subsequent offense.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
303 of title 18, United States Code, as amended by section 6506(a)(2)
is amended by adding at the end the following:
``4052. Confidentiality of medical quality assurance records.''.
SEC. 6510. ADMINISTRATION OF FEDERAL PRISON COMMISSARIES.
(a) In General.--Section 4043 of title 18, United States Code, is
amended to read as follows:
``Sec. 4043. Prison Commissary Administration
``(a) The Director of the Bureau of Prisons may establish, operate,
and maintain commissaries in Federal penal or correctional facilities,
from and through which articles and services may be procured, sold,
rendered, or otherwise provided or made available for the benefit of
inmates confined within those facilities. Only those articles or
services authorized by the Director of the Bureau of Prisons may be
procured from or through prison commissaries for the use of inmates.
``(b) There is established in the Treasury of the United States a
revolving fund to be known as the Prison Commissary Fund, which shall
be available to the Bureau of Prisons without fiscal year limitation to
carry out the purposes, functions, and powers authorized by this
section. Funds currently on deposit in the ``Commissary funds, Federal
prisons'' account of the Treasury shall be transferred to the Prison
Commissary Fund.
``(c) The Director of the Bureau of Prisons may accept gifts or
bequests of money for credit to the Fund. The Director may also accept
gifts or bequests of other property, real or personal, for use or other
disposition by the Bureau of Prisons. A gift or bequest under this
section is a gift or bequest to or for the use of the United States
under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
``(d) Amounts in the Prison Commissary Fund that are not needed for
operations shall be kept on deposit or invested in obligations of, or
guaranteed by, the United States and all earnings on such investments
shall be deposited in the Prison Commissary Fund.
``(e) There shall be deposited in the Fund, subject to withdrawal
by the Bureau of Prisons--
``(1) revenues received from the sale of articles through
prison commissaries;
``(2) revenues received from services rendered by prison
commissaries;
``(3) a gift or bequest of money for credit to the Fund;
``(4) proceeds from the sale or disposal of donated
property, real or personal, for credit to the Fund; and
``(5) earnings or interest that may be derived from
investments of the Fund.
``(f)(1) The Fund shall be available for the payment of any
expenses incurred by the Bureau of Prisons in establishing, operating,
and maintaining prison commissaries, including the employment of
personnel, the purchase of equipment, security-related or otherwise,
and those expenses incurred in the provision of articles or services
procured, sold, rendered, or otherwise provided or made available to
inmates.
``(2) The Director of the Bureau of Prisons may use amounts from
the Prison Commissary Fund for any purpose, including expenditures for
programs, goods, and services, that benefits the general welfare of
inmates. No inmate shall be entitled to any portion of the Fund.
``(g) Employees compensated by or through the Prison Commissary
Fund may be assigned additional duties other than those directly
related to commissary activities.
``(h) The provisions of sections 554 and 555 and 701 through 706 of
title 5, United States Code, do not apply to the making of any
determination, decision, or order under this section.''.
(b) Technical and Conforming Amendment.--Section 1321(a) of title
31, United States Code, is amended by striking ``Commissary funds,
Federal prisons''.
SEC. 6511. MEDICAL PAY ALLOWANCE.
(a) In General.--Chapter 59 of title 5, United States Code, is
amended by adding after section 5948 the following:
``Sec. 5949. Physician assistants and nurse practitioners comparability
allowances
``(a) Notwithstanding any other provision of law, and in order to
recruit and retain highly qualified physician assistants and nurse
practitioners, the Director of the Bureau of Prisons, subject to the
provisions of this section, section 5307, and such regulations as may
be prescribed to carry out this section, may enter into a service
agreement with a physician assistant or nurse practitioner that
provides for the completion of a specified period of service in the
Bureau of Prisons in return for an allowance for the duration of such
agreement in an amount to be determined by the Director and specified
in the agreement, but not to exceed $20,000 per annum.
``(b) An allowance may not be paid pursuant to this section to any
physician assistant or nurse practitioner who--
``(1) is employed on less than a half-time or intermittent
basis;
``(2) occupies an internship or residency training
position;
``(3) is a reemployed annuitant; or
``(4) is fulfilling a scholarship obligation.
``(c) The amount of each allowance shall be determined by the
Director, subject to such regulations, criteria, and conditions as may
be prescribed.
``(d) Any agreement entered into by a physician assistant or nurse
practitioner under this section shall be for a period of 1 year of
service in the Bureau of Prisons unless the physician assistant or
nurse practitioner requests an agreement for a longer period of
service. No agreement shall be entered into under this section later
than September 30, 2002, nor shall any agreement cover a period of
service extending beyond September 30, 2004.
``(e) Unless otherwise provided for in the agreement under
subsection (f) of this section, an agreement under this section shall
provide that the physician assistant or nurse practitioner, in the
event that such individual voluntarily, or because of misconduct, fails
to complete at least 1 year of service pursuant to such agreement,
shall be required to refund the total amount received under this
section, unless the Director, pursuant to such regulations as may be
prescribed under this section, determines that such failure is
necessitated by circumstances beyond the control of the physician
assistant or nurse practitioner.
``(f) Any agreement under this section shall specify the terms
under which the Director and the physician assistant or nurse
practitioner may elect to terminate such agreement, and the amounts, if
any, required to be refunded by the physician assistant or nurse
practitioner for each reason for termination.
``(g) In this section, `physician assistant or nurse practitioner'
means any individual employed as a physician assistant, who holds a
State license, or as a nurse practitioner, who holds a State license,
who is paid under--
``(1) section 5332, relating to the General Schedule;
``(2) section 5371, relating to certain health care
positions; or
``(3) section 5305.
``(h)(1) Any allowance paid under this section shall not be
considered as basic pay for the purposes of subchapter VI and section
5595 of chapter 55, chapter 81, 83, or 87 of this title, or other
benefits related to basic pay.
``(2) Any allowance under this section for a physician assistant or
nurse practitioner shall be paid in the same manner and at the same
time as the physician assistant's or nurse practitioner's basic pay is
paid.''.
(b) Technical and Conforming Amendments.--
(1) Limitation.--Section 5307(a)(2)(C) of title 5, United
States Code, is amended by striking ``or 5948'' and inserting
``5948, or 5949''.
(2) Chapter analysis.--The analysis for chapter 59 of title
5, United States Code, is amended by adding at the end the
following:
``5949. Physician assistants and nurse practitioners comparability
allowances.''.
SEC. 6512. JUDICIAL DISTRICT DESIGNATION.
Section 113 of title 28, United States Code, is amended by striking
``Federal Correctional Institution, Butner'' each place that term
appears and inserting ``Federal Correctional Complex, Butner''.
SEC. 6513. OFFENSES INVOLVING INDIVIDUALS IN CUSTODY.
(a) Sexual Abuse Offenses.--Chapter 109A of title 18, United States
Code, is amended--
(1) by inserting ``or, with respect to any person in the
custody of the Bureau of Prisons or the Attorney General or
confined in any institution or facility by direction of the
Attorney General'' after ``in a Federal prison,'' each place it
appears;
(2) in section 2243(b), by striking ``one year'' and
inserting ``3 years'';
(3) in section 2244(a)(4), by striking ``six months'' and
inserting ``2 years''; and
(4) in section 2244(b), by striking ``six months'' and
inserting ``2 years''.
(b) Assault.--Section 113(a) of title 18, United States Code, is
amended by inserting ``or, with respect to any person in the custody of
the Bureau of Prisons or the Attorney General or confined in any
institution or facility by direction of the Attorney General,'' after
``within the special maritime and territorial jurisdiction of the
United States,''.
(c) Murder by a Federal Prisoner.--Section 1118(a) of title 18,
United States Code, is amended by inserting ``or in the custody of the
Bureau of Prisons or the Attorney General or confined in any
institution or facility by direction of the Attorney General,'' after
``Federal correctional institution''.
SEC. 6514. PRISON CREDIT AND AGING PRISONER REFORM.
(a) Prison Credit Reform.--Section 3585(b) of title 18, United
States Code, is amended to read as follows:
``(b) Credit for Prior Custody.--A defendant shall be given credit
toward the service of a term of imprisonment for any time spent in
official detention prior to the date the sentence commences only if
that official detention--
``(1) is as a result of the offense for which the sentence
was imposed; and
``(2) has not been credited toward another sentence or
applied in any manner to an undischarged concurrent term of
imprisonment.''.
(b) Good Time Credits for Foreign Prisoners Transferred to the
United States.--
(1) In general.--Section 4105(c) of title 18, United States
Code, is amended--
(A) in paragraph (1), by inserting ``by the Bureau
of Prisons and deducted from the sentence imposed by
the foreign court'' after ``These credits shall be
combined'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (2) the following:
``(3) If the term of imprisonment under section
4106A(b)(1)(A) is less than or equal to the total sentence
imposed and certified by the foreign authorities on the basis
of considerations other than the limitation arising under
section 4106A(b)(1)(C), the Bureau of Prisons shall calculate
credits for satisfactory behavior at the rate provided in
section 3624(b) and computed on the basis of the term of
imprisonment under section 4106A(b)(1)(A). If the credits
calculated under this paragraph produce a release date that is
earlier than the release date otherwise determined under this
section, the release date calculated under this paragraph shall
apply to the transferred offender.
``(4) Upon release from imprisonment, the offender shall
commence service of any period of supervised release
established pursuant to section 4106A(b)(1)(A), and the balance
of the foreign sentence remaining at the time of release from
prison shall not be reduced by credits for satisfactory
behavior, or labor, or any other credit that has been applied
to establish the offender's release date.''.
(2) Technical and conforming amendment.--Section
4106A(b)(1)(A) of title 18, United States Code, is amended by
striking ``release date'' and inserting ``term of
imprisonment''.
(c) Allowing a Term of Supervised Release After the Release of
Certain Offenders.--Section 3582(c)(1)(A) of title 18, United States
Code, is amended--
(1) by inserting ``(and may impose a sentence of probation
or supervised release with or without conditions)'' after ``may
reduce the term of imprisonment''; and
(2) in clause (ii), by striking ``, pursuant to a sentence
imposed under section 3559(c),''.
SEC. 6515. AUTHORIZATION OF VIDEO TELECONFERENCING FOR CERTAIN
PROCEEDINGS.
Rule 43(c) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (3) by striking ``or'' after the
semicolon;
(2) in paragraph (4) by striking the period and inserting a
semicolon and ``or''; and
(3) by adding at the end the following:
``(5) when--
``(A) the proceeding is the initial appearance,
arraignment, taking of the plea, other pretrial
session, or the sentencing hearing; and
``(B)(i) the defendant, in writing, waives the
right to be present in court; or
``(ii) the court finds, for good cause shown in
exceptional circumstances and upon appropriate
safeguards, that communication with a defendant (who is
not physically present before the court) by video
teleconferencing is an adequate substitute for the
defendant's physical presence.''.
Subtitle F--United States Marshals Service
SEC. 6601. FEDERAL JUDICIARY SECURITY.
Section 566(e)(1) of title 28, United States Code, is amended by
striking subparagraph (A) and inserting the following:
``(A) provide for the personal protection of, and
residential security for, Federal jurists and provide
for the personal protection of court officers,
witnesses, and other threatened persons in the
interests of justice where criminal intimidation
impedes the functioning of the judicial process or any
other official proceeding; and''.
SEC. 6602. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.
(a) In General.--Chapter 49 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. l075. Administrative subpoenas to apprehend fugitives
``(a) In this section--
``(1) the term `fugitive' means a person who--
``(A) having been accused by complaint,
information, or indictment under Federal law or having
been convicted of committing a felony under Federal
law, flees or attempts to flee from or evades or
attempts to evade the jurisdiction of the court with
jurisdiction over the felony;
``(B) having been accused by complaint,
information, or indictment (or equivalent document)
under State law or having been convicted of committing
a felony under State law, flees or attempts to flee
from, or evades or attempts to evade, the jurisdiction
of the court with jurisdiction over the felony;
``(C) escapes from lawful Federal or State custody
after having been accused by complaint, information or
indictment (or equivalent document under State law) or
having been convicted of committing a felony under
Federal or State law; or
``(D) is in violation of subparagraph (2) or (3) of
the first undesignated paragraph of section 1073;
``(2) the term `investigation' means, with respect to a
State fugitive described in subparagraph (B) or (C) of
paragraph (1), an investigation in which there is reason to
believe that the fugitive fled from or evaded, or attempted to
flee from or evade, the jurisdiction of the court, or escaped
from custody, in or affecting, or using any facility of,
interstate or foreign commerce, or as to whom an appropriate
law enforcement officer or official of a State or political
subdivision has requested the Attorney General to assist in the
investigation, and the Attorney General finds that the
particular circumstances of the request give rise to a Federal
interest sufficient for the exercise of Federal jurisdiction
pursuant to section 1075;
``(3) the term `State' means a State of the United States,
the District of Colombia, and any commonwealth, territory, or
possession of the United States; and
``(4) the term `relevant or material' means there are
articulable facts that show the fugitive's whereabouts may be
discerned from the records sought.
``(b) In any investigation with respect to the apprehension of a
fugitive, the Attorney General may subpoena witnesses for the purpose
of the production of any records (including books, papers, documents,
electronic data, and other tangible and intangible items that
constitute or contain evidence) that the Attorney General finds
relevant or material in the investigation. The attendance of witnesses
and the production of records may be required from any place in any
State or other place subject to the jurisdiction of the United States
at any designated place where the witness was served with a subpoena,
except that a witness shall not be required to appear more than 500
miles distant from the place where the witness was served. Witnesses
summoned under this section shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States.
``(c) A subpoena issued under this section may be served by any
person designated in the subpoena to serve it. Service upon a natural
person may be made by personal delivery of the subpoena to that person
or by certified mail with return receipt requested. Service may be made
upon a domestic or foreign corporation or upon a partnership or other
unincorporated association that is subject to suit under a common name,
by delivering the subpoena to an officer, to a managing or general
agent, or to any other agent authorized by appointment or by law to
receive service of process. The affidavit of the person serving the
subpoena entered on a true copy thereof by the person serving it shall
be proof of service.
``(d) In the case of the contumacy by or refusal to obey a subpoena
issued to any person, the Attorney General may invoke the aid of any
court of the United States within the jurisdiction of which the
investigation is carried on or of which the subpoenaed person is an
inhabitant, or in which he carries on business or may be found, to
compel compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Attorney General
to produce records if so ordered. Any failure to obey the order of the
court may be punishable by the court as contempt thereof. All process
in any such case may be served in any judicial district in which the
person may be found.
``(e) This section shall be construed and applied in a manner
consistent with section 2703 and with section 1102 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3402).
``(f) The Attorney General may delegate the authorities provided in
this section only pursuant to the issuance of formal guidelines.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
49 of title 18, United States Code, is amended by adding at the end the
following:
``1075. Administrative subpoenas to apprehend fugitives.''.
SEC. 6603. PRISONER MEDICAL PAYMENT EFFICIENCY.
(a) In General.--Section 4006 of title 18, United States Code, is
amended to read as follows:
``Sec. 4006. Subsistence for prisoners
``The Attorney General shall acquire subsistence and medical care
for persons in the custody of the United States Marshals Service at
fair and reasonable prices.''.
(b) Medical Expenses for Prisoners in the Custody of the United
States Marshals Service.--
(1) In general.--Chapter 301 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4015. Allowable medical costs and expenses for Federal prisoners
``(a) In General.--Notwithstanding section 4013, funds available
for the United States Marshals Service may be used to acquire medical
care for persons in the custody of the United States Marshals Service
at fair and reasonable prices.
``(b) Costs.--Without specific authorization from the Attorney
General, the expenses incurred in the provision of medical care under
this paragraph shall not exceed the costs and expenses charged in the
provision of similar health care services paid pursuant to the medicare
program under title XVII of the Social Security Act and the medicaid
program under title XIX of such Act.''.
(2) Technical and conforming amendment.--The analysis for
chapter 301 of title 18, United States Code, is amended by
adding at the end the following:
``4015. Allowable medical costs and expenses for Federal prisoners.''.
SEC. 6604. SUBSISTENCE FOR PERSONS IN CUSTODY OF UNITED STATES
MARSHALS.
(1) In general.--Chapter 301 of title 18, United States
Code, as amended by section 6603(b)(1) of this subtitle, is
amended by adding at the end the following:
``Sec. 4016. Subsistence for persons in custody
``Notwithstanding any other provision of law, the Attorney General
shall acquire subsistence for persons in the custody of the United
States Marshals Service at fair and reasonable prices.''.
(2) Technical and conforming amendment.--The analysis for
chapter 301 of title 18, United States Code, as amended by
section 6603(b)(2) of this subtitle, is amended by adding at
the end the following:
``4016. Subsistence for persons in custody.''.
SEC. 6605. AIR TRANSPORTATION FOR LAW ENFORCEMENT PURPOSES.
Section 40102(a)(37) of title 49, United States Code, is amended--
(1) in subparagraph (A), by striking ``but'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) includes a privately leased or rented
aircraft and crew, if the aircraft is operated for the
purpose of transporting prisoners or detainees; and'';
and
(4) in the flush sentence at the end of subparagraph (C),
as redesignated, by striking ``if the unit of government on
whose behalf'' and all that follows before the period at the
end and inserting ``if the aircraft is used for purposes of law
enforcement, search and rescue, or responding to an imminent
threat to property or natural resources''.
Subtitle G--Federal Prisoner and Criminal Alien Detention
SEC. 6701. MEETING LONG-TERM FEDERAL DETENTION NEEDS.
(a) Long-Term Federal Detention Needs.--Section 4013 of title 18,
United States Code, is amended by adding at the end the following:
``(c) The Director of the United States Marshals Service--
``(1) may designate districts singly or in combination--
``(A) experiencing or projected to experience a
severe shortage in the number of spaces for Federal
detainees; or
``(B) experiencing or projected to experience high
growth in the number of Federal detainees; and
``(2) may enter into contracts or cooperative agreements
pursuant to subsection (a)(4) to meet the long-term detention
needs of the district or districts designated under paragraph
(1) of this subsection.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) for contracts or cooperative agreements under section
4013(a)(4) of title 18, United States Code--
(A) $50,000,000 for fiscal year 2000;
(B) $53,000,000 for fiscal year 2001; and
(C) $55,000,000 for fiscal year 2002; and
(2) to carry out section 4013(c) of title 18, United States
Code, as added by subsection (a) of this section, $5,000,000
for each of fiscal years 2000 and 2001.
SEC. 6702. REPORT ON FEDERAL DETENTION SPACE SHORTAGE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall submit to the
Committees on the Judiciary of the Senate and the House of
Representatives a report on detention space for Federal detainees in
the custody of the United States Marshals Service and the Immigration
and Naturalization Service.
(b) Contents of Report.--The report submitted under subsection (a)
shall include--
(1) 10-year projections for the detainee populations of the
United States Marshals Service and the Immigration and
Naturalization Service;
(2) specific plans to ensure space is available to meet
projected needs;
(3) specific plans to comply with detention and removal
requirements of the Immigration Reform Act of 1996; and
(4) recommendations on the feasibility and advisability of
consolidating all detention activities of the Department of
Justice under 1 agency of the Department of Justice.
SEC. 6703. FAIRNESS IN BAIL BOND FORFEITURE.
Rule 46(e)(1) of the Federal Rules of Criminal Procedure is amended
by striking ``there is a breach of condition of'' and inserting ``the
defendant fails to appear as required by''.
Subtitle H--Prison Litigation Reform
SEC. 6801. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) Transfer and Redesignation.--Section 3626 of title 18, United
States Code, is--
(1) transferred to the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997 et seq.);
(2) redesignated as section 13 of that Act; and
(3) inserted after section 12 of that Act (42 U.S.C.
1997j).
(b) Amendments.--Section 13 of the Civil Rights of
Institutionalized Persons Act, as redesignated by subsection (a) of
this section, is amended--
(1) in subsection (b)(3), by adding at the end the
following: ``Noncompliance with an order for prospective relief
by any party, including the party seeking termination of that
order, shall not constitute grounds for refusal to terminate
the prospective relief, if the party's noncompliance does not
constitute a current and ongoing violation of a Federal
right.'';
(2) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively;
(3) by inserting after subsection (d) the following:
``(e) Procedure for Entering Prospective Relief.--
``(1) In general.--In any civil action with respect to
prison conditions, a court entering an order for prospective
relief shall enter written findings specifying--
``(A) the Federal right the court finds to have
been violated;
``(B) the facts establishing that violation;
``(C) the particular plaintiff or plaintiffs who
suffered actual injury caused by that violation;
``(D) the actions of each defendant that warrant
and require the entry of prospective relief against
that defendant;
``(E) the reasons for which, in the absence of
prospective relief, each defendant as to whom the
relief is being entered will not take adequate measures
to correct the violation of the Federal right;
``(F) the reasons for which no more narrowly drawn
or less intrusive prospective relief would correct the
current and ongoing violation of the Federal right; and
``(G) the estimated impact of the prospective
relief on public safety and the operation of any
affected criminal justice system.
``(2) Conflict with state law.--If the prospective relief
ordered in any civil action with respect to prison conditions
requires or permits a government official to exceed his or her
authority under State or local law or otherwise violates State
law, the court shall, in addition to the findings required
under paragraph (1), enter findings regarding the reasons for
which--
``(A) Federal law requires such relief to be
ordered in violation of State or local law;
``(B) the specific relief is necessary to correct
the violation of a Federal right; and
``(C) no other relief will correct the violation of
the Federal right.'';
(4) in subsection (f), as redesignated--
(A) in paragraph (3), in the first sentence, by
inserting before the period at the end the following:
``, including that the case requires the determination
of complex or novel questions of law, or that the court
plans to order or has ordered a hearing under paragraph
(5)(E) or discovery under paragraph (5)(F)''; and
(B) by adding at the end the following:
``(5) Termination of prospective relief.--
``(A) Contents of answer to motion to terminate.--
``(i) In general.--In the answer to the
motion to terminate prospective relief, the
plaintiff may oppose termination in accordance
with this subparagraph, on the ground that the
prospective relief remains necessary to correct
a current and ongoing violation of a Federal
right.
``(ii) Relief entered before enactment of
prison litigation reform act of 1995.--If the
prospective relief sought to be terminated was
entered before the date of enactment of the
Prison Litigation Reform Act of 1995, the
answer opposing termination under clause (i)
shall allege--
``(I) the specific Federal right
alleged to be the object of a current
violation;
``(II) specific facts that, if
true, would establish that current
violation;
``(III) the particular plaintiff or
plaintiffs who are currently suffering
actual injury caused by that violation;
``(IV) the actions of each named
defendant that constitute that
violation of the particular plaintiff's
or plaintiffs' right;
``(V)(aa) the portion of the
complaint or amended complaint filed
prior to the original entry of the
prospective relief sought to be
retained that alleged the violation of
that Federal right;
``(bb) the portion of the court
order originally ordering the
prospective relief that found the
violation of that Federal right; or
``(cc) both the materials specified
in items (aa) and (bb), if the
violation of right was both alleged and
established;
``(VI) the manner in which the
current and ongoing violation can be
remedied by maintaining the existing
prospective relief; and
``(VII) the reasons for which, in
the absence of prospective relief, each
defendant as to whom the relief would
be maintained would not take adequate
measures to correct the violation of
the Federal right.
``(iii) Relief entered after enactment of
prison litigation reform act of 1995.--If the
prospective relief was entered after the date
of enactment of the Prison Litigation Reform
Act of 1995, the answer opposing termination
under clause (i) shall allege--
``(I) the specific Federal right
alleged to be the object of a current
violation;
``(II) specific facts that, if
true, would establish that current
violation;
``(III) the particular plaintiff or
plaintiffs who are currently suffering
actual injury caused by that violation;
``(IV) the current actions of each
named defendant that constitute that
violation of the particular plaintiff's
or plaintiffs' right;
``(V) the findings required by
subsection (e) made by the court at the
time of the original entry of the
prospective relief that established
that the right had been violated and
that the prospective relief was
necessary to correct the violation;
``(VI) the manner in which the
current and ongoing violation can be
remedied by maintaining the existing
prospective relief; and
``(VII) the reasons for which, in
the absence of prospective relief, each
defendant as to whom the relief would
be maintained would not take adequate
measures to correct the violation of
the Federal right.
``(iv) The answer shall be accompanied by
affidavits, references to the record, and any
other materials on which the plaintiff relies
to support the allegations required to be
contained in the answer under clause (ii) or
(iii).
``(B) Contents of response to answer.--
``(i) In general.--If the defendant
disputes plaintiff's factual allegations,
defendant shall file a response to the answer
setting forth the factual allegations the
defendant challenges.
``(ii) Additional requirements.--In any
case in which the defendant seeks termination
of the relief on the ground that it is not
narrowly tailored, overly intrusive, or poses
too great a burden on public safety or the
operation of a criminal justice system, or that
it requires the defendant to violate State or
local law without meeting the requirements of
subsection (a)(1)(B)--
``(I) the defendant shall set forth
the factual basis for these claims in
its response; and
``(II) the defendant shall also set
forth alternative relief that would
correct the violation of the Federal
right and that is more narrowly
tailored, less intrusive, less
burdensome to public safety or the
operation of the affected criminal
justice system, or does not require a
violation of State or local law.
``(iii) Supporting documentation.--The
defendant's response shall be accompanied by
affidavits, references to the record, and any
other materials on which the defendant relies
to support its challenge to the plaintiff's
factual allegations or the factual basis for
its claims regarding the propriety or scope of
the relief.
``(C) Burden of persuasion.--The plaintiff shall
have the burden of persuasion with respect to each
point required to be contained in the answer. The
defendant shall have the burden of persuasion with
respect to whether the relief extends further than
necessary to correct the violation of the Federal
right, is not narrowly drawn nor the least intrusive
means to correct the violation of the Federal right,
excessively burdens public safety or the operation of a
prison system, or requires the defendant to violate
State or local law without meeting the requirements of
subsection (a)(1)(B).
``(D) Summary determination.--The court shall grant
the motion to terminate if the plaintiff's answer fails
to satisfy the requirements of subparagraph (A) or if
the materials accompanying the plaintiff's answer
together with the materials accompanying the
defendant's response fail to carry the plaintiff's
burden of persuasion or fail to create a genuine issue
of material fact regarding whether the relief should be
maintained.
``(E) Evidentiary hearing.--If the court determines
that there is a genuine issue of material fact that
precludes it from making a summary determination
concerning the motion on the basis of the materials
filed by the parties, the court may conduct a limited
evidentiary hearing to resolve any disputed material
facts identified by the court.
``(F) Discovery.--If the court determines that the
plaintiff's answer meets the requirements of paragraph
(5)(A), that there are genuine issues of material fact
that preclude it from making a summary determination
concerning the motion based on the material filed by
the parties, and that discovery would assist in
resolving these issues, the court may permit limited,
narrowly tailored, and expeditious discovery relating
to the disputed material facts identified by the court.
``(G) Findings.--
``(i) In general.--If the court denies the
motion to terminate prospective relief, the
court shall enter written findings specifying--
``(I) the Federal right the court
finds to be currently violated;
``(II) the facts establishing that
the violation is continuing to occur;
``(III) the particular plaintiff or
plaintiffs who are currently suffering
actual injury caused by that violation;
``(IV) the actions of each
defendant that warrant and require the
continuation of the prospective relief
against that defendant;
``(V) the reasons for which, in the
absence of continued prospective
relief, each defendant as to whom the
relief is continued will not take
adequate measures to correct the
violation of the Federal right;
``(VI) the reasons for which no
more narrowly drawn or less intrusive
prospective relief would correct the
current and ongoing violation of the
Federal right;
``(VII) the impact of the
prospective relief on public safety and
the operation of any affected criminal
justice system; and
``(VIII) if the prospective relief
requires the defendant to violate State
or local law, the reasons for which--
``(aa) Federal law requires
the continuation of relief that
violates State or local law;
``(bb) the specific relief
is necessary to correct the
violation of a Federal right;
and
``(cc) no other relief will
correct the violation of the
Federal right.
``(ii) Requirements for motions ordered
before enactment of prison litigation reform
act of 1995.--In the case of a motion to
terminate prospective relief entered before the
date of enactment of the Prison Litigation
Reform Act of 1995, in addition to the
requirements of clause (i), the court's written
findings shall also specify--
``(I)(aa) the portion of the
complaint or amended complaint that
previously alleged that violation of
Federal right;
``(bb) the findings the court made
at the time it originally entered the
prospective relief concerning that
violation of Federal right; or
``(cc) both the findings specified
in items (aa) and (bb), if the
violation was originally both alleged
and established; and
``(II) the prospective relief
previously ordered to remedy that
violation.
``(iii) Requirements for motions ordered
after enactment of prison litigation reform act
of 1995.--In the case of a motion to terminate
prospective relief originally ordered after the
date of enactment of the Prison Litigation
Reform Act of 1995, in addition to the
requirements of clause (i), the court shall
also enter written findings specifying--
``(I) the findings required by
subsection (e) made by the court at the
time the relief was originally entered
establishing that violation of Federal
right; and
``(II) the prospective relief
previously ordered to remedy that
violation.'';
(5) in subsection (g), as redesignated--
(A) by striking the subsection designation and
heading and inserting the following:
``(g) Special Masters for Civil Actions With Respect to Prison
Conditions.--'';
(B) in paragraph (1)(B), by striking ``under this
subsection'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking
``institution''; and
(ii) by adding at the end the following:
``(D) Applicability.--
``(i) In general.--This paragraph shall not apply
to any special master appointed before the date of
enactment of the Prison Litigation Reform Act of 1995,
unless their original appointment expires on or after
that date of enactment.
``(ii) Special masters covered.--This paragraph
applies to all special masters appointed or reappointed
after the date of enactment of the Prison Litigation
Reform Act of 1995, regardless of the cause of the
expiration of any initial appointment.'';
(D) in paragraph (3), by striking ``under this
subsection'';
(E) in paragraph (4)--
(i) by striking ``under this section'';
(ii) by inserting ``(A)'' after ``(4)'';
(iii) in subparagraph (A), as so
designated, by adding at the end the following:
``In no event shall a court require a party to
pay the compensation, expenses, or costs of the
special master. Notwithstanding any other
provision of law (including section 306 of the
Act entitled `An Act making appropriations for
the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for
the fiscal year ending September 30, 1997,'
contained in section 101(a) of title I of
division A of the Act entitled `An Act making
omnibus consolidated appropriations for the
fiscal year ending September 30, 1997' (110
Stat. 3009201)) and except as provided in
subparagraph (B), the requirement under the
preceding sentence shall apply to the
compensation and payment of expenses or costs
of a special master for any action that is
commenced before, on, or after the date of
enactment of the Prison Litigation Reform Act
of 1995.''; and
(iv) by adding at the end the following:
``(B) The payment requirements under subparagraph
(A) shall not apply to the payment of a special master
who was appointed before the date of enactment of the
Prison Litigation Reform Act of 1995 (110 Stat. 1321165
et seq.) of compensation, expenses, or costs relating
to activities of the special master under this
subsection that were carried out during the period
beginning on the date of enactment of the Prison
Litigation Reform Act of 1995 and ending on the date of
enactment of this subparagraph.'';
(F) in paragraph (5), by striking from ``In any
civil action'' and all that follows through
``subsection, the'' and inserting ``The''; and
(G) in paragraph (6)--
(i) by striking ``appointed under this
subsection'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) may be authorized by a court to conduct
hearings on the record, and shall make any findings
based on the record as a whole;'';
(iii) in subparagraph (B), by striking
``communications;'' and inserting ``engage in
any communications ex parte; and''; and
(iv) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph
(C); and
(6) in subsection (h), as redesignated--
(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 the period at the
end and inserting a semicolon;
(F) by adding at the end the following:
``(10) the term `violation of a Federal right'--
``(A) means a violation of a Federal constitutional
or Federal statutory right;
``(B) does not include a violation of a court order
that is not independently a violation of a Federal
statutory or Federal constitutional right; and
``(C) 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
(G) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (8), respectively, and inserting
paragraph (9), as redesignated, after paragraph (8), as
redesignated.
(c) Technical and Conforming Amendments.--
(1) In general.--Chapter 229 of title 18, United States
Code, is amended by redesignating section 3627, as added by
section 5105(b) of this Act, as section 3626.
(2) Chapter analysis.--The analysis for subchapter C of
chapter 229 of title 18, United States Code, is amended--
(A) by striking the item relating to section 3626;
and
(B) by redesignating the item relating to section
3627, as added by section 5105(b) of this Act, as an
item relating to section 3626.
SEC. 6802. LIMITATION ON FEES.
Section 7 of the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997e) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``any action brought by a
prisoner who is confined in any jail, prison,
or other correctional facility'' and inserting
``any civil action with respect to prison
conditions brought by a plaintiff who is or who
has been confined in any prison'';
(ii) by inserting ``or other provision of
Federal law'' after (42 U.S.C. 1988)''; and
(iii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) the fee was directly and reasonably incurred
in--
``(i) proving an actual violation of the
plaintiff's Federal rights that resulted in an
order for relief;
``(ii) successfully obtaining contempt
sanctions for a violation of previously ordered
prospective relief that meets the standards set
forth in section 13, 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 13, 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
``(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'';
(2) in subsection (e), by striking ``Federal civil action''
and inserting ``civil action arising under Federal law'' and by
striking ``prisoner confined in a jail, prison, or other
correctional facility'' and inserting ``prisoner who is or has
been confined in any prison'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``action brought
with respect to prison conditions'' and inserting
``civil action with respect to prison conditions
brought'' and by striking ``jail, prison, or other
correctional facility'' and inserting ``prison''; and
(B) in paragraph (2), by striking ``facility'' and
inserting ``prison''; and
(4) by striking subsections (g) and (h) and inserting the
following:
``(g) Waiver of Response.--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 to the cognizable claims identified by the court. The
court shall specify as to each named defendant the applicable
cognizable claims.
``(h) Definitions.--In this section, the terms `civil action with
respect to prison conditions', `prison', and `prisoner' have the
meanings given the terms in section 13(h).''.
SEC. 6803. NOTICE OF MALICIOUS FILINGS.
(a) In General.--Chapter 123 of title 28, United States Code, is
amended--
(1) in section 1915A(c)--
(A) by striking ``(c) Definition.--As used in this
section'' and inserting the following:
``Sec. 1915C. Definition
``In 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
(2) by inserting after section 1915A the following:
``Sec. 1915B. Notice to State authorities of finding of malicious
filing by a prisoner
``(a) 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--
``(1) the claim was filed for a malicious purpose;
``(2) the claim was filed to harass the party against which
it was filed; or
``(3) the claimant testified falsely or otherwise knowingly
presented false allegations, pleadings, evidence, or
information to the court.
``(b) Transmission of Finding.--The court shall transmit to the
State Department of Corrections or other appropriate authority any
affirmative finding under subsection (a). If the court makes such a
finding, the Department of Corrections or other appropriate authority
may, pursuant to State or local law--
``(1) revoke such amount of good time credit or the
institutional equivalent accrued to the prisoner as is deemed
appropriate; or
``(2) 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.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
123 of title 28, United States Code, is amended by inserting after the
item relating to section 1915A the following:
``1915B. Notice to State authorities of finding of malicious filing by
prisoner.
``1915C. Definition.''.
SEC. 6804. LIMITATION ON PRISONER RELEASE ORDERS.
(a) In General--Chapter 99 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1632. Limitation on prisoner release orders
``(a) In General.--Notwithstanding section 13 of the Civil Rights
of Institutionalized Persons Act or any other provision of law, in a
civil action with respect to prison conditions, no court of the United
States or other court defined under section 610 shall have jurisdiction
to enter or carry out any prisoner release order that would result in
the release from or nonadmission to a prison, on the basis of prison
conditions, of any person subject to incarceration, detention, or
admission to a facility because of--
``(1) a conviction of a felony under the laws of the
relevant jurisdiction; or
``(2) a violation of the terms or conditions of parole,
probation, pretrial release, or a diversionary program,
relating to the commission of a felony under the laws of the
relevant jurisdiction.
``(b) Definitions.--In this section--
``(1) the terms `civil action with respect to prison
conditions', `prisoner', `prisoner release order', and `prison'
have the meanings given those terms in section 13(h) of the
Civil Rights of Institutionalized Persons Act; and
``(2) the term `prison conditions' means conditions of
confinement or the effects of actions by government officials
on the lives of persons confined in prison.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
99 of title 28, United States Code, is amended by adding at the end the
following:
``1632. Limitation on prisoner release orders.''.
TITLE VII--CRIMINAL LAW AND PROCEDURAL IMPROVEMENTS
Subtitle A--Equal Protection for Victims
SEC. 7101. RIGHT OF VICTIM TO 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 ``the government and the defendant (or defendants jointly)
are each entitled to 10 peremptory challenges''.
SEC. 7102. 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 on 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--
(A) by striking ``In a case'' and inserting the
following:
``(1) In general.--In a case''; and
(B) by adding at the end the following:
``(2) Juries of 6.--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--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and indenting
appropriately;
(3) in the first sentence, by striking ``If the attorney''
and inserting the following:
``(1) In general.--If the attorney'';
(4) in the second sentence, by striking ``The hearing'' and
inserting the following:
``(2) Trier of fact.--The hearing''; and
(5) by striking the last sentence and inserting the
following:
``(3) Jury impanelled for the purpose of the hearing.--
``(A) In general.--A jury impanelled under
paragraph (2)(B) may be made of 6 on request in writing
by the defendant with the approval of the court and the
consent of the government.
``(B) No request for jury of 6.--If a jury of 6 is
not impanelled under subparagraph (A), the 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 the jury shall consist
of a lesser number.''.
SEC. 7103. REJOINDER TO ATTACKS ON THE CHARACTER OF THE VICTIM BY
ADMISSION OF EVIDENCE OF THE CHARACTER OF THE ACCUSED.
Rule 404(a)(1) of the Federal Rules of Evidence is amended by
inserting before the semicolon at the end 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. 7104. USE OF NOTICES OF RELEASE OF PRISONERS.
Section 4042(b) of title 18, United States Code, is amended by
striking paragraph (4).
SEC. 7105. 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
recommendations relating to 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--Reform of Judicially Created Exclusionary Rules
SEC. 7201. ENFORCEMENT OF CONFESSION REFORM STATUTE.
(a) In General.--Section 3501(e) of title 18, United States Code,
is amended--
(1) by striking ``(e) As used in this section, the term''
and inserting the following:
``(e) Definitions.--In this section:
``(1) Any criminal prosecution by the united states.--The
term `any criminal prosecution by the United States' includes a
prosecution by the United States under the Uniform Code of
Military Justice.
``(2) Confession.--The term''; and
(2) by adding at the end the following:
``(3) Offense against the laws of the united states.--The
term `offense against the laws of the United States' includes
an offense under the punitive articles of the Uniform Code of
Military Justice (Subchapter X of chapter 47 of title 10).''.
(b) Effective Date.--The amendment made by subsection (a)--
(1) takes effect on the date of enactment of this Act; and
(2) applies 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 the prosecution was commenced
before that date if the prosecution did not become final before
that date.
SEC. 7202. CHALLENGES TO CONVICTION OR SENTENCE ON THE BASIS OF
VOLUNTARY CONFESSION.
(a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2255A. Challenges to conviction or sentence on the basis of
voluntary confession
``(a) Definition of Confession.--In this section, the term
`confession' has the meaning given the term in section 3501(e) of title
18.
``(b) Limitation.--No writ of habeas corpus or other post-
conviction remedy under section 2241, 2244, 2254, or 2255 or any other
provision of Federal law shall lie to challenge the custody or sentence
of a person on the ground that the custody or sentence of the person is
the result in whole or in part of the voluntary confession of the
person.
``(c) Determinations Regarding Post-Conviction Remedies.--For
purposes of subsection (a), in determining whether a post-conviction
remedy lies under a provision of law described in subsection (b), and
in determining whether any such remedy should be granted--
``(1) the court shall apply the standards set forth in
section 3501(b) of title 18; and
``(2) in applying the standards under paragraph (1) in a
case seeking a post-conviction remedy from a State court
conviction, the court shall apply the standards set forth in
section 2254(d).
``(d) No Effect on Other Law.--Nothing in this section modifies or
otherwise affects any requirement under Federal law relating to the
obtaining or granting of post-conviction relief.''.
(b) Conforming Amendment.--The chapter analysis for chapter 153 of
title 28, United States Code, is amended by adding at the end the
following:
``2255A. Challenges to conviction or sentence on the basis of voluntary
confession.''.
SEC. 7203. OBLIGATION OF ATTORNEYS FOR THE UNITED STATES TO PRESENT
CERTAIN ARGUMENTS.
Section 518 of title 28, United States Code, is amended by adding
at the end the following:
``(c) Voluntary Confessions.--
``(1) Definition of confession.--In this subsection, the
term `confession' has the meaning given the term in section
3501(e) of title 18.
``(2) In general.--When, in any Federal criminal
prosecution, the defendant seeks to suppress or to exclude from
evidence the defendant's own voluntary confession, the attorney
for the United States shall seek the admission of the
confession into evidence under section 3501(a) of title 18.
``(3) Appeal.--In any appeal from a ruling admitting or
suppressing a defendant's voluntary confession, the attorney
for the United States shall argue that section 3501(a) of title
18 requires the admission of the confession or forbids its
suppression.''.
SEC. 7204. ADMISSIBILITY OF VOLUNTARY CONFESSIONS IN STATE COURT
PROCEEDINGS.
(a) Definition of Confession.--In this section, the term
``confession'' has the meaning given the term in section 3501(e) of
title 18, United States Code.
(b) Admissibility.--Federal law shall not bar the admission into
evidence in State court of the voluntary confession of any defendant in
the criminal prosecution of that defendant if--
(1) the prosecuting authority does not seek admission of
the confession to establish its case in chief; or
(2) the confession was obtained by interrogation reasonably
prompted by a concern for public safety.
(c) Standards.--For purposes of this section, the standards
specified in section 3501(b) of title 18, United States Code, shall
govern whether a confession is voluntary.
(d) Rule of Construction.--Nothing in this section requires the
exclusion from evidence of a voluntary confession under circumstances
not described in subsection (b).
SEC. 7205. NO POLICE OFFICER LIABILITY FOR SEEKING OR OBTAINING
VOLUNTARY CONFESSION.
(a) Definition of Confession.--In this section, the term
``confession'' has the meaning given the term in section 3501(e) of
title 18, United States Code.
(b) No liability.--The act of a person acting under color of any
statute, ordinance, regulation, custom, or usage of the United States
or of any State or territory or the District of Columbia in seeking or
obtaining the voluntary confession of another person shall not, by
itself and in the absence of any other act that violates a person's
right under the Constitution, give rise to any liability of the person
in an action under section 1979 of the Revised Statutes (42 U.S.C.
1983) or any other Federal law.
(c) Standards.--For purposes of this section, the standards
specified in section 3501(b) of title 18, United States Code, shall
govern whether a confession is voluntary.
SEC. 7206. ADMISSIBILITY OF EVIDENCE OBTAINED BY SEARCH OR SEIZURE.
(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 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.--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 a search or seizure 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
the evidence 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 and seizures.--Evidence that, but for this paragraph,
is 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) Rule of Construction.--The amendment made by subsection (a)
does not require or authorize the exclusion of evidence in any
proceeding.
(c) Conforming Amendment.--The 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.''.
SEC. 7207. LAURIE SHOW VICTIM PROTECTION (RETRIAL IN STATE COURT OF
PERSONS THAT FILE AN APPLICATION FOR WRIT OF HABEAS
CORPUS).
Section 2254 of title 28, United States Code, is amended by adding
at the end the following:
``(j) Retrial in State Court.--No Federal court shall bar the
retrial in State court of a person that files an application for a writ
of habeas corpus.''.
Subtitle C--Federal Law Enforcement Improvements
CHAPTER 1--GENERAL PROVISIONS
SEC. 7301. AMENDMENTS RELATING TO VIOLENCE IN INDIAN COUNTRY.
(a) Section 113(a)(3) of title 18, United States Code, is amended
by striking ``with intent to do bodily harm, and''.
(b) Section 1961(1)(A) of title 18, United States Code, is amended
by inserting ``or would have been so chargeable except that the act or
threat was committed in Indian country, as defined in section 1151, or
in any other area of exclusive Federal jurisdiction'' after
``chargeable under State law''.
(c) Section 1112(b) of title 18, United States Code, is amended by
striking ``ten years'' and inserting ``twenty years''.
(d) Section 1153(a) of title 18, United States Code, is amended by
inserting ``an offense for which the maximum statutory term of
imprisonment under section 1363 is greater than five years,'' after ``a
felony under chapter 109A,''.
(e) Section 1163 of title 18, United States Code, is amended in the
second paragraph by striking ``so''.
SEC. 7302. AMENDMENTS TO ANTI-TERRORISM STATUTES.
(a) Section 178 of title 18, United States Code, is amended--
(1) 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 the following: ``means any
microorganism (including, but not limited to, bacteria,
viruses, fungi, rickettsiae or protozoa), or infectious
substance, or any naturally occurring, bioengineered or
synthesized component of any such microorganism or infectious
substance'';
(2) in paragraph (2), 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 the
following: ``means the toxic material or product of plants,
animals, microorganisms (including, but not limited to,
bacteria, viruses, fungi, rickettsiae or protozoa), or
infectious substances, or a recombinant or synthesized
molecule, whatever their origin and method of production, and
includes''; and
(3) in paragraph (4), by striking ``recombinant molecule,
or biological product that may be engineered as a result of
biotechnology'' and inserting ``recombinant or synthesized
molecule''.
(b) Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``, including any
biological agent, toxin, or vector (as those terms are defined
in section 178)''; and
(2) in subparagraph (c)(2)(C), by striking ``a disease
organism'' and inserting ``any biological agent, toxin, or
vector (as those terms are defined in section 178 of this
title)''.
SEC. 7303. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.
Section 1959 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``ten'' and
inserting ``twenty''; and
(B) in paragraph (6), by striking ``three'' and
inserting ``ten''; and
(2) in subsection (b)--
(A) by striking ``and'' after paragraph (1);
(B) by striking the period and inserting ``; and''
at the end of paragraph (2); and
(C) by adding at the end the following new
paragraph (3):
``(3) `serious bodily injury' has the meaning given the
term in section 2119.''.
SEC. 7304. CONFORMING AMENDMENT TO RETURN SECTION 115 TO THE SAME SCOPE
AS SECTION 1114.
Section 115(a) of title 18, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``an official whose
killing would be a crime under section 1114 of this title'' and
inserting ``an officer or employee whose killing would be a
crime under section 1114'';
(2) in paragraph (1)(B), by striking ``an official whose
killing would be a crime under such section'' and inserting
``an officer or employee described in section 1114''; and
(3) in paragraph (1), by striking ``such official, judge,
or law enforcement officer'' each place it appears and
inserting ``such official, judge, law enforcement officer, or
officer or employee''.
SEC. 7305. ELIMINATION OF REDUNDANT PENALTY FOR KILLING IN THE COURSE
OF A BANK ROBBERY.
Section 2113(e) of title 18, United States Code, is amended--
(1) by striking ``kills any person, or forces'' and
inserting ``(i) forces''; and
(2) by inserting ``(ii)'' before ``if death results''.
SEC. 7306. 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. 7307. OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY PERSONS
ACCOMPANYING THE ARMED FORCES.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 211 the following:
``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES
``Sec.
``3261. Criminal offenses committed by persons formerly serving with,
or presently employed by or accompanying,
the armed forces outside the United States.
``3262. Delivery to authorities of foreign countries.
``3263. Regulations.
``3264. Employment by the Armed Forces 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) Offense.--A person who, while serving with, employed by, or
accompanying the Armed Forces outside the United States, engages in
conduct which would constitute an offense punishable by imprisonment
for more than 1 year if the conduct had been engaged in within the
special maritime and territorial jurisdiction of the United States,
shall be guilty of a like offense and subject to a like punishment.
``(b) Concurrent Jurisdiction.--Nothing in this chapter deprives
courts-martial, military commissions, provost courts, or other military
tribunals of concurrent jurisdiction with respect to offenders or
offenses that by statute or by the law of war may be tried by courts-
martial, military commissions, provost courts, or other military
tribunals.
``(c) Prosecution by a Foreign Government.--No prosecution of a
person may be commenced under this section if a foreign government, in
accordance with jurisdiction recognized by the United States, has
prosecuted or is prosecuting the 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) Arrests.--
``(1) In general.--The Secretary of Defense and the
Secretary of Transportation may designate and authorize any
person serving in a law enforcement position in the Department
of Defense, or the Department of Transportation when the Coast
Guard is not operating as part of the Navy, to arrest outside
the United States any person described in subsection (a) who
there is probable cause to believe engaged in conduct that
constitutes a criminal offense under that section.
``(2) Release.--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
described in that paragraph unless--
``(A) the person is delivered to authorities of a
foreign country under section 3262; or
``(B) charges are preferred against the person
under chapter 47 of title 10 for the conduct.
``Sec. 3262. Delivery to authorities of foreign countries
``(a) In General.--A person in the custody of the United States for
an alleged violation of section 3261(a) may be delivered to the
appropriate authorities of a foreign country in which the person is
alleged to have engaged in conduct described in such subsection (a) of
this section if--
``(1) the appropriate authorities of that country request
the delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
``(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
``(b) Determination.--The Secretary of Defense, in consultation
with the Secretary of State, shall determine what officials of a
foreign country constitute appropriate authorities for the purpose of
this section.
``Sec. 3263. Regulations
``The Secretary of Defense and the Commandant of the Coast Guard,
in consultation with the Secretary of State, shall each issue
regulations governing the apprehension, detention, and removal of
persons under this chapter for their respective agencies. The
regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Employment by the Armed Forces or Accompanying the Armed
Forces outside the United States
``For the purposes of this chapter--
``(1) a person shall be considered to be employed by the
Armed Forces outside the United States if the person--
``(A) 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 shall be considered to be accompanying the
Armed Forces outside the United States if the person--
``(A) is a dependent of a member of the armed
forces or of a civilian employee of a military
department or of the Department of Defense;
``(B) is residing with the member or civilian
employee outside the United States; and
``(C) is not a national of the host nation.''.
(b) Conforming Amendment.--The analysis for part II of title 18,
United States Code, is amended by inserting after the item relating to
chapter 211 the following:
``212. Criminal Offenses Committed Outside the United States 3261''.
SEC. 7308. ADDITION OF ATTEMPT COVERAGE FOR INTERSTATE DOMESTIC
VIOLENCE OFFENSE.
Section 2261(a) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``or attempts to do
so,'' after ``thereby causes bodily injury to such spouse or
intimate partner,''; and
(2) in paragraph (2), by inserting ``or attempts to do
so,'' after ``thereby causes bodily injury to the person's
spouse or intimate partner,''.
SEC. 7309. CLARIFICATION OF INTERSTATE THREAT STATUTE.
Subsections (b) and (c) of section 875 of title 18, United States
Code, and the second and third undesignated paragraphs of sections 876
and 877 of title 18, United States Code, are amended by striking ``any
threat to injure'' and inserting ``any threat to kill or injure''.
SEC. 7310. STATUS KILLINGS OF FEDERAL EMPLOYEES AND CONSOLIDATION OF 18
U.S.C. 1114 AND 1121.
Section 1114 of title 18, United States Code, is amended--
(1) by inserting ``or because of the status of the victim
as such an officer or employee,'' after ``on account of the
performance of official duties,''; and
(2) by inserting ``or, if the person assisting is an
officer or employee of a State, local or Indian tribal
government, because of the status of the victim as such an
officer or employee,'' after ``on account of that
assistance,''.
SEC. 7311. AMENDMENTS OF DRIVE-BY SHOOTING STATUTE.
(a) Section 36 of title 18, United States Code, is amended--
(1) by amending the title to read ``Shooting into a group
in furtherance of a major drug offense'';
(2) in paragraph (a)(1), by striking ``punishable under
section 408(c) of the Controlled Substances Act (21 U.S.C.
848(c))'' and inserting ``punishable under section 408(a) of
the Controlled Substances Act (21 U.S.C. 848(a))'';
(3) in paragraphs (b)(1) and (b)(2), by striking ``with the
intent to intimidate,'' and inserting ``with the intent to
kill, intimidate,''.
(b) The table of sections for chapter 2 of title 18, United States
Code, is amended by striking ``Drive-by shooting'' and inserting
``Shooting into a group in furtherance of a major drug offense''.
SEC. 7312. THREATS AGAINST FORMER PRESIDENTS AND OTHERS ELIGIBLE FOR
SECRET SERVICE PROTECTION.
Section 879 of title 18, United States Code, is amended to read as
follows:
``Sec. 879. Threats against former Presidents and others eligible for
Secret Service Protection
``(a) Definitions.--In this section:
``(1) Immediate family.--The term ``immediate family''
means a person to whom the President, President-elect, former
President, Vice President, or Vice President-elect, former Vice
President or major candidate for the office of President or
Vice President--
``(A) is related by blood, marriage, or adoption;
or
``(B) stands in loco parentis.
``(2) Major candidate for the office of president or vice
president.--The term ``major candidate for the office of
President or Vice President'' means a candidate referred to in
subsection (a)(7) of section 3056 of this title.
``(3) President-elect; vice president-elect.--The terms
``President-elect'' and ``Vice President-elect'' have the
meanings given those terms in section 871(b) of this title.
``(b) Whoever knowingly and willfully threatens to kill, kidnap, or
inflict bodily harm upon--
``(1) a former President, a former Vice President, the
spouse of a former President or former Vice President during
the former President or former Vice President's lifetime, or
the widow or widower of a former President or former Vice
President until their death or remarriage;
``(2) a member of the immediate family of the President,
the President-elect, a former President, the Vice President,
the Vice President-elect, or a former Vice President;
``(3) a major candidate for the office of President or Vice
President, or the spouse or a member of the immediate family of
such candidate; or
``(4) any other person who is protected pursuant to section
3056(a) (5) and (6) of this title;
shall be fined under this title or imprisoned not more than three
years, or both.''.
SEC. 7313. 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) State defined.--In this subsection, the term `State'
means a State, the District of Columbia, and any territory or
possession of the United States.
``(2) Offense.--A person that 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.
``(3) Attempted offense.--A person that attempts to violate
this subsection shall be punished in accordance with section
1113.''.
(b) Internationally Protected Persons.--Section 1116 (b)(4) of
title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) 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 chapter
2205 of title 36, United States Code.''.
SEC. 7314. AMENDMENTS TO SENTENCING GUIDELINES.
(a) In General.--In the exercise of its authority under section 994
of title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines to include the
following:
(1) Effect of Post-Offense Rehabilitation.--
``Sec. 5H1.13. Post-offense rehabilitation.
``Post-offense rehabilitation or any similar undertaking by the
defendant shall not be a ground for imposing a sentencing outside the
applicable guidelines range, except in a case in which the defendant
initiates substantial steps toward rehabilitation before the defendant
has reason to believe that law enforcement authorities have learned of
the defendant's offense.''.
(2) Effect of Prosecutorial Discretion.--
``Sec. 5H1.14. Pleas bargaining and other prosecutorial policies.
``Plea bargaining and other prosecutorial policies, and differences
in those policies among different districts, are not a ground for
imposing a sentence outside the applicable guidelines range.''.
SEC. 7315. BOMB HOAX STATUTE.
Section 35(a) of title 18 United States Code, in amended by
striking ``$1,000'' and inserting ``$25,000''.
SEC. 7316. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND PROCEDURE.
(a) Missing and Incorrect Words.--
(1) Correction of garbled sentence.--Section 510(c) of
title 18, United States Code, is amended by striking ``fine of
under this title'' and inserting ``fine under this title''.
(2) Insertion of missing words.--Section 981(d) of title
18, United States Code, is amended by striking ``proceeds from
the sale of this section'' and inserting ``proceeds from a sale
of property under this section''.
(3) Correction of incorrect word.--Sections 1425 through
1427, 1541 through 1544 and 1546(a) of title 18, United States
Code, are each amended by striking ``to facility'' and
inserting ``to facilitate''.
(4) Correction of erroneous amendatory language on executed
amendment.--Effective on the date of enactment of Public Law
103-322, section 60003(a)(13) of Public Law 103-322 is amended
by striking ``$1,000,000 or imprisonment'' and inserting
``$1,000,000 and imprisonment''.
(5) Insertion of missing words.--
(A) Section 3286.--Section 3286 of title 18, United
States Code, is amended by inserting ``section'' before
``2332b''.
(B) Section 3553.--Section 3553(e) of title 18,
United States Code, is amended by inserting ``a''
before ``minimum''.
(6) Correction of reference to short title of law.--Section
2332d(a) of title 18, United States Code, is amended by
inserting ``of 1979'' after ``Export Administration Act''.
(7) Correction of misspelled word.--Section 1992(b) of
title 18, United States Code, is amended by striking ``term or
years'' and inserting ``term of years''.
(8) Spelling correction.--Section 2339A(a) of title 18,
United States Code, is amended by striking ``or an escape'' and
inserting ``of an escape''.
(9) Misplaced words in statement of penalty.--Section
2251(d) of title 18, United States Code, is amended in the
first sentence by striking ``or imprisoned not less than 10
years nor more than 20 years, and both'' and inserting ``,
imprisoned not less than 10 nor more than 20 years, or both''.
(b) Punctuation and Similar Errors.--
(1) Capitalization in language to be stricken.--Effective
on the date of its enactment, section 607(g)(2) of the Economic
Espionage Act of 1996 is amended by striking ``territory'' and
inserting ``Territory''.
(2) Paragraphing.--Section 521(a) of title 18, United
States Code, is amended--
(A) by inserting before the first undesignated
paragraph the following:
``In this section:''; and
(B) in the third undesignated paragraph, by
striking ``State means'' and inserting the following:
``State means''.
(3) Subsection placement correction.--Section 1513 of title
18, United States Code, is amended by transferring subsection
(d) so that it appears following subsection (c).
(4) Insertion of parenthetical descriptions.--Section
2332b(g)(5) of title 18, United States Code, is amended--
(A) by inserting ``(relating to certain killings in
Federal facilities)'' after ``930(c)''; and
(B) by inserting ``(relating to wrecking trains)''
after ``1992''.
(5) Correction to allow for insertion of new
subparagraph.--Section 1956(c)(7) of title 18, United States
Code, is amended--
(A) in subparagraph (D), by striking ``or'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; or''; and
(C) in subparagraph (F), by striking ``Any'' and
inserting ``any''.
CHAPTER 2--PROFESSIONAL STANDARDS FOR FEDERAL PROSECUTORS
SEC. 7321. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.
(a) Amendments to Title 28, United States Code.--
(1) General.--Section 530B of title 28, United States Code,
is amended to read as follows:
``Sec. 530B. Ethical standards for Federal prosecutors
``(a) Definition of Federal Prosecutor.--In this section, the term
`Federal prosecutor' means an attorney employed by the Department of
Justice who is directly engaged in the prosecution of violations of
Federal civil or criminal law.
``(b) Subjection to State Law.--Except as provided in subsection
(c), a Federal prosecutor shall be subject to all laws and rules
governing ethical conduct of attorneys of the State in which the
Federal prosecutor is licensed as an attorney.
``(c) Exception.--A Federal prosecutor shall not be subject to a
State law or rule governing ethical conduct of attorneys to the extent
that the State law or rule--
``(1) is inconsistent with Federal law; or
``(2) interferes with the effectuation of Federal law.''.
(2) Technical and conforming amendment.--The analysis for
chapter 31 of title 28, United States Code, is amended by
striking the item for section 530B and inserting the following:
``530B. Ethical standards for Federal prosecutors.''.
(3) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall promulgate
such regulations as are necessary to carry out section 530B of
title 28, United States Code, as added by paragraph (1).
(b) Prohibited Conduct for Department of Justice Employees.--
(1) In general.--The Attorney General shall establish by
rule that it shall be punishable conduct for any officer or
employee of the Department of Justice, in the discharge of his
or her official duties, intentionally to--
(A) seek the indictment of any person in the
absence of a reasonable belief of probable cause, as
prohibited by the Principles of Federal Prosecution,
United States Attorneys' Manual 9-27.200 et seq.;
(B) fail to disclose exculpatory evidence to the
defense, in violation of his or her obligations under
Brady v. Maryland (373 U.S. 83 (1963));
(C) mislead a court as to the guilt of any person
by knowingly making a false statement of material fact
or law;
(D) offer evidence known to be false;
(E) alter evidence in violation of section 1512 of
title 18, United States Code;
(F) attempt to corruptly influence or color a
witness's testimony with the intent to encourage
untruthful testimony, in violation of section 1503 or
1512 of title 18, United States Code;
(G) violate a defendant's right to discovery under
Rule 16(a) of the Federal Rules of Criminal Procedure;
(H) offer or provide sexual activities to any
government witness or potential witness in exchange for
or on account of his or her testimony; or
(I) improperly disseminate confidential, non-public
information to any person during an investigation or
trial, in violation of--
(i) section 50.2 of title 28, Code of
Federal Regulations;
(ii) rule 6(e) of the Federal Rules of
Criminal Procedure;
(iii) subsection (b) or (c) of section 2232
of title 18, United States Code;
(iv) section 6103 of the Internal Revenue
Code of 1986; or
(v) United States Attorneys' Manual 1-7.000
et seq.
(2) Penalties.--The Attorney General shall establish a
range of penalties for engaging in conduct prohibited under
paragraph (1), which shall include--
(A) reprimand;
(B) demotion;
(C) dismissal;
(D) suspension from employment;
(E) referral of ethical charges to the bar; and
(F) referral of evidence related to the conduct, if
appropriate, to a grand jury for possible criminal
prosecution.
(3) Substantive rights.--Nothing in paragraph (1)--
(A) establishes any substantive right on behalf of
a criminal defendant, civil litigant, target or subject
of an investigation, witness, counsel for a
represented party or parties, or any other person; or
(B) provides a basis for--
(i) dismissing any criminal or civil charge
or proceeding against any person in any court
of the United States; or
(ii) excluding relevant evidence in any
proceeding in any court of the United States.
(c) Annual Report.--
(1) In general.--On June 1 of each year, the Attorney
General shall submit to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee on
the Judiciary and the Committee on Appropriations of the House
of Representatives a report on the activities and operations of
the Office of Professional Responsibility of the Department of
Justice during the fiscal year that ended on September 30 of
the preceding year.
(2) Elements of report.--A report under paragraph (1)
shall--
(A) include the number, type, and disposition of
all investigations conducted or supervised by the
Office of Professional Responsibility; and
(B) include a summary of the findings of each
investigation in which the Department of Justice found
that an officer or employee of the Department of
Justice--
(i) engaged in willful misconduct; or
(ii) committed a willful violation of
subsection (b)(1).
(3) Confidentiality.--A report under paragraph (1) shall be
confidential and shall not disclose information that would
interfere with any pending investigation or improperly infringe
on the privacy rights of any individual.
(d) Commission on Federal Prosecutorial Conduct.--
(1) Establishment and functions of commission.--
(A) Establishment.--There is established a
Commission on Federal Prosecutorial Conduct (referred
to in this subsection as the ``Commission'').
(B) Functions.--The functions of the Commission
shall be to--
(i) conduct a review regarding--
(I) whether there are specific
Federal duties related to investigation
and prosecution of violations of
Federal law which are incompatible with
the regulation of the conduct of
Federal prosecutors (as that term is
defined in section 530B of title 28,
United States Code) by any State law or
rule governing ethical conduct of
attorneys; and
(II) the procedures utilized by the
Department of Justice to investigate
and punish inappropriate conduct by
Federal prosecutors; and
(ii) not later than 12 months after the
date on which the members of the Commission are
appointed under paragraph (2)(B), submit to the
Attorney General a report concerning the review
under clause (i), including any recommendations
of the Commission relating to the matters
reviewed under clause (i).
(C) Consultation.--In carrying out subparagraph
(B), the Commission shall consult with the Attorney
General, the Chairmen and Ranking Members of the
Committees on the Judiciary of the House of
Representatives and the Senate, the American Bar
Association and other organizations of attorneys,
representatives of Federal, State, and local law
enforcement agencies, and Federal and State courts.
(2) Membership.--
(A) In general.--The Commission shall be composed
of 7 members, each of whom--
(i) shall be appointed by the Chief Justice
of the United States, after consultation with
the Chairmen and Ranking Members of the
Committees on the Judiciary of the House of
Representatives and the Senate, and
representatives of judges, prosecutors, defense
attorneys, law enforcement officials, victims
of crime, and others interested in the criminal
justice process; and
(ii) shall be a judge of the United States
(as defined in section 451 of title 28, United
States Code).
(B) Appointment.--The members of the Commission
shall be appointed not later than 30 days after the
date of enactment of this Act.
(C) Vacancy.--Any vacancy in the Commission shall
be filled in the same manner as the original
appointment.
(D) Chairperson.--The Commission shall elect a
chairperson and vice chairperson from among its
members.
(E) Quorum.--Four members of the Commission shall
constitute a quorum, but 2 members may conduct
hearings.
(3) Compensation.--Members of the Commission who are
officers, or full-time employees, of the United States shall
receive no additional compensation for their services, but
shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of duties vested
in the Commission, but not in excess of the maximum amounts
authorized under section 456 of title 28, United States Code.
(4) Personnel.--
(A) Executive director.--The Commission may appoint
an Executive Director, who shall receive compensation
at a rate not exceeding the rate prescribed for level V
of the Executive Schedule under section 5316 of title
5, United States Code.
(B) Staff.--The Executive Director, with the
approval of the Commission, may appoint and fix the
compensation of such additional personnel as the
Executive Director determines to be necessary, without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive service
or the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates. Compensation under this
subparagraph shall not exceed the annual maximum rate
of basic pay for a position above GS-15 of the General
Schedule under section 5108 of title 5, United States
Code.
(C) Experts and consultants.--The Executive
Director may procure personal services of experts and
consultants as authorized by section 3109 of title 5,
United States Code, at rates not to exceed the highest
level payable under the General Schedule pay rates
under section 5332 of title 5, United States Code.
(D) Services.--The Administrative Office of the
United States Courts shall provide administrative
services, including financial and budgeting services,
to the Commission on a reimbursable basis. The Federal
Judicial Center shall provide necessary research
services to the Commission on a reimbursable basis.
(5) Information.--The Commission may request from any
department, agency, or independent instrumentality of the
Federal Government any information and assistance the
Commission determines to be necessary to carry out its
functions under this subsection. Each such department, agency,
and independent instrumentality may provide such information
and assistance to the extent permitted by law when requested by
the chairperson of the Commission.
(6) Report of the attorney general.--Not later than 60 days
after the date of enactment of this Act, the Attorney General
shall submit to the Commission a report, which shall, with
respect to the 3-year period preceding the date on which the
report is submitted under this paragraph--
(A) include the number, type, and disposition of
all investigations conducted or supervised by the
Office of Professional Responsibility of the Department
of Justice;
(B) include a summary of the findings of each
investigation in which the Department of Justice found
that an officer or employee of the Department of
Justice engaged in willful misconduct; and
(C) be confidential and not disclose information
that would interfere with any pending investigation or
improperly infringe upon the privacy rights of any
individual.
(7) Termination.--The Commission shall terminate 90 days
after the date on which the Commission submits the report under
paragraph (1)(B)(ii).
(8) Authorization of appropriations.--There is authorized
to be appropriated to the Commission such sums, not to exceed
$900,000, as are necessary to carry out this subsection, to
remain available until expended.
SEC. 7322. CLARIFICATION OF OFFICIAL DUTY EXCEPTION.
(a) Findings.--Congress finds that--
(1) section 201 of title 18, United States Code, was
enacted in 1962 and was amended in 1986 and again in 1994;
(2) at the time section 201 of title 18, United States
Code, was enacted, and at each of the times it was amended,
Congress was aware of, and intended to preserve, the
traditional law enforcement practice of offering or
recommending leniency or other favorable actions with respect
to defendants in exchange for truthful testimony or other
cooperation in the investigation and prosecution of other
offenders;
(3) the finding in paragraph (2) is based in part on the
fact that several Federal statutes, including chapter 601 of
title 18, United States Code (commonly known as the ``immunity
statute'', the Sentencing Reform Act of 1984 (98 Stat. 1987),
and chapter 224 of title 18, United States Code (commonly known
as the ``Witness Relocation and Protection Act''), authorize
prosecutors to give things of value, including immunity,
leniency, and physical protection, in return for testimony;
(4) in the 37 years since section 201 of title 18, United
States Code, was enacted, consistent with the intent of
Congress in enacting and amending that section, no Federal
court interpreted that section to prohibit the essential law
enforcement tool of obtaining information and testimony through
the use of cooperation agreements between prosecutors and
defendants, or settlement agreements between civil enforcement
attorneys and defendants;
(5) the Supreme Court, in numerous decisions since 1962,
including Giglio v. United States (405 U.S. 150) and United
States v. Mezzanatto (513 U.S. 196), has reviewed and
implicitly approved the practice described in paragraph (4);
(6) even before the enactment of section 201 of title 18,
United States Code, the United States Supreme Court implicitly
endorsed the practice when the Court wrote, in Lisenba v.
California, that ``the practice of taking into consideration,
in sentencing an accomplice, his aid to the state in turning
state's evidence can be no denial of due process to a convicted
confederate'' (314 U.S. 219, 227);
(7) on July 1, 1998, a panel of the United States Court of
Appeals for the Tenth Circuit, in United States v. Singleton
(109 U.S. 3), ruled that--
(A) the language of section 201(c) of title 18,
United States Code, holding criminally liable whoever
``directly or indirectly, gives, offers, or promises
anything of value to any person, for or because of the
testimony under oath or affirmation given or to be
given by such person as a witness upon a trial,
hearing, or other proceeding,'' forbids a prosecutor
from promising leniency to a cooperating witness in
exchange for testimony; and
(B) the conviction of a drug dealer and money
launderer must be thrown out and the case remanded for
a new trial;
(8) on July 10, 1998, the Tenth Circuit, on its own motion,
vacated the panel decision and ordered that the appeal be
reheard en banc in November 1998;
(9) on January 8, 1999, the Tenth Circuit ruled in
Singleton (144 F.3d 1343) that section 201(c)(2) of title 18,
United States Code, does not apply to the United States or to
an Assistant United States Attorney functioning within the
official scope of the office; and
(10) despite the final ruling of the Tenth Circuit in
Singleton, unless there is Federal legislation or a definitive
ruling by the United States Supreme Court on this issue, it is
likely that accused and convicted offenders across the Nation
will continue to challenge charges and convictions, and seek to
preclude the admission of truthful testimony in their trials,
based on the reasoning in the vacated panel decision,
increasing the likelihood that dangerous criminals will be
released and that public officials will be deterred from the
reasonable exercise of their discretion in the public interest.
(b) Purposes.--The purposes of this section are--
(1) to promote effective law enforcement by ensuring that
prosecutors and other public officials, including civil
enforcement officials, continue to employ the traditional and
important law enforcement tool of obtaining information and
testimony by entering into cooperation and settlement
agreements in the reasonable exercise of their discretion;
(2) to ensure that truthful testimony secured by such
agreements will continue to be admitted into evidence in
judicial proceedings notwithstanding the fact that such
agreements may have been entered into before the date of
enactment of this Act; and
(3) to clarify, for the benefit of courts interpreting
section 201 of title 18, United States Code, that--
(A) Congress has never intended to prohibit such
agreements; and
(B) this Act and the amendments made by this Act
are intended to endorse a practice that is already
lawful rather than to render lawful a practice
previously forbidden by an Act of Congress.
(c) Clarification of Official Duty Exception.--Section 201(c) of
title 18, United States Code, is amended--
(1) in paragraph (2), by inserting before the semicolon at
the end the following: ``, except that this paragraph does not
apply to a public official who is acting within the scope of
the official duties of the public official to investigate or
prosecute any violation of criminal or civil law''; and
(2) in paragraph (3), by inserting before the semicolon at
the end the following: ``, except that this paragraph does not
apply to a potential witness who demands, seeks, receives,
accepts, or agrees to receive or accept anything of value that
may be directly or indirectly given, offered, or promised
consistent with paragraph (2)''.
CHAPTER 3--AMENDMENTS RELATING TO COURTS AND SENTENCING
SEC. 7331. 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. 7332. ELIMINATION OF OUTMODED CERTIFICATION REQUIREMENTS.
(a) 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''.
(b) Section 2518(10)(b) of title 18, United States Code, is amended
by striking ``, if the United States Attorney shall certify to the
judge or other official granting such motion or denying such
application that the appeal is not taken for purposes of delay''.
SEC. 7333. IMPROVEMENT OF HATE CRIMES SENTENCING PROCEDURE.
Section 280003(b) of Public Law 103-322 is amended by striking
``the finder of fact at trial'' and inserting ``the court at
sentencing''.
SEC. 7334. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN
CONTROLLED SUBSTANCE CASES.
Subparagraphs (A), (B), (C), and (D) of section 401(b)(1) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)) are each amended by
striking ``Any sentence'' and inserting ``Notwithstanding section 3583
of title 18, any sentence''.
SEC. 7335. 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 supervised release)''
after ``may reduce the term of imprisonment''.
SEC. 7336. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH
A FINE AND IMPRISONMENT RATHER THAN ONLY EITHER PENALTY.
(a) Section 401 of title 18, United States Code, is amended by
inserting ``or both,'' after ``fine or imprisonment,''.
(b) Section 1705 of title 18, United States Code, is amended by
inserting ``, or both'' after ``years''.
(c) Sections 1916, 2234, and 2235 of title 18, United States Code,
are each amended by inserting ``, or both'' after ``year''.
SEC. 7337. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER CONDITION
OF SUPERVISED RELEASE.
Subsections (c) and (e) of section 3583 of title 18, United States
Code, are each amended by striking ``and (a)(6)'' and inserting ``,
(a)(6), (a)(7), and (a)(8)''.
SEC. 7338. STATE CLEMENCY AND PARDON DECISIONS.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1369. State clemency and pardon decisions
``(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, no Federal court shall have
jurisdiction to hear any cause or claim arising from the exercise of a
State's executive clemency or pardon power or the process or procedures
used under such power.
``(b) Review by the Supreme Court.--This section does not affect
the jurisdiction of the Supreme Court to review any decision of the
highest court of a State that involves a cause or claim arising from
the exercise of a State's executive clemency or pardon power, or the
process or procedures utilized under such power.''.
(b) Conforming Amendment.--The analysis for chapter 85 of title 28,
United States Code, is amended by adding at the end the following:
``1369. State clemency and pardon decisions.''.
CHAPTER 4--AMENDMENTS RELATING TO WHITE COLLAR CRIME
SEC. 7341. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE
DEMAND STATUTE.
Section 1505 of title 18, United States Code, is amended by
inserting ``section 1968 or 3486 of this title or'' before ``the
Antitrust Civil Process Act''.
SEC. 7342. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING OFFENSES TO
ELIMINATE GAPS AND INCONSISTENCIES IN COVERAGE.
(a) Section 153 of title 18, United States Code, is amended by
inserting ``, or attempts so to appropriate, embezzle, spend or
transfer,'' before ``any property''.
(b) Section 641 of title 18, United States Code, is amended by
striking ``or'' at the end of the first paragraph and by inserting
after such paragraph the following: ``Whoever attempts to commit an
offense described in the preceding paragraph; or''.
(c) Section 655 of title 18, United States Code, is amended by
inserting ``or attempts to steal or so take,'' after ``unlawfully
takes,''.
(d) Sections 656 and 657 of title 18, United States Code, are each
amended--
(1) by inserting ``, or attempts to embezzle, abstract,
purloin, or willfully misapply,'' after ``willfully
misapplies''; and
(2) by inserting ``or attempted to be embezzled,
abstracted, purloined, or misapplied'' after ``misapplied''.
(e) Section 658 of title 18, United States Code, is amended by
inserting ``or attempts so to remove, dispose of, or convert,'' before
``any property''.
(f) Section 659 of title 18, United States Code, is amended--
(1) in the first and third paragraphs by inserting ``or
attempts to embezzle, steal, or so take or carry away,'' after
``carries away,''; and
(2) in the fourth paragraph by inserting ``or attempts to
embezzle, steal, or so take,'' before ``from any railroad
car''.
(g) Section 661 of title 18, United States Code, is amended--
(1) by inserting ``or attempts so to take and carry away,''
before ``any personal property''; and
(2) by inserting ``or attempted to be taken'' after
``taken'' each place it appears.
(h) Section 664 of title 18, United States Code, is amended by
inserting ``or attempts to embezzle, steal, or so abstract or
convert,'' before ``any of the moneys''.
(i) Section 665(a) of title 18, United States Code, is amended--
(1) by inserting ``, or attempts to embezzle, so misapply,
steal, or obtain by fraud,'' before ``any of the moneys''; and
(2) by inserting ``or attempted to be embezzled,
misapplied, stolen, or obtained by fraud'' after ``obtained by
fraud''.
(i) Section 666(a)(1)(A) of title 18, United States Code, is
amended by inserting ``or attempts to embezzle, steal, obtain by fraud,
or so convert or misapply,'' before ``property''.
(j) Section 1025 of title 18, United States Code, is amended--
(1) by inserting ``or attempts to obtain'' after
``obtains''; and
(2) by inserting ``or attempted to be obtained'' after
``obtained''.
(k) Section 1163 of title 18, United States Code, is amended by
inserting ``attempts so to embezzle, steal, convert, or misapply,''
after ``willfully misapplies,''.
(l) Sections 1167(a) and (b) of title 18, United States Code, are
each amended by inserting ``or attempts so to abstract, purloin,
misapply, or take and carry away,'' before ``any money''.
(m) Sections 1168(a) and (b) of title 18, United States Code, are
each amended by inserting ``or attempts so to embezzle, abstract,
purloin, misapply, or take and carry away,'' before ``any moneys,''.
(n) Section 1707 of title 18, United States Code, is amended by
inserting ``, or attempts to steal, purloin, or embezzle,'' before
``any property'' and by inserting ``or attempts to appropriate'' after
``appropriates''.
(o) Section 1708 of title 18, United States Code, is amended in the
second paragraph by inserting ``or attempts to steal, take, or
abstract,'' after ``abstracts,'' and by inserting'', or attempts so to
obtain,'' after ``obtains''.
(p) Section 1709 of title 18, United States Code is amended--
(1) by inserting ``or attempts to embezzle'' after
``embezzles''; and
(2) by inserting ``, or attempts to steal, abstract, or
remove,'' after ``removes''.
(q) Section 1711 of title 18, United States Code, is amended by
inserting ``or attempts to loan, use, pledge, hypothecate, or convert
to his own use,'' after ``use''.
(r) Section 2113(b) of title 18, United States Code, is amended by
inserting ``or attempts so to take and carry away,'' before ``any
property'' each place it appears.
(s) Section 669(a) of title 18, United States Code, is amended by
inserting ``, or attempts to embezzle, steal, convert without
authority, or intentionally misapply,'' before ``any of the moneys''.
(t) Section 477 of title 18, United States Code, is amended by
inserting ``, or attempts so to sell, give, or deliver,'' before ``any
such imprint''.
(u) Section 479 of title 18, United States Code, is amended by
inserting ``or attempts to utter or pass,'' after ``passes,''.
(v) Section 490 of title 18, United States Code, is amended by
inserting ``attempts to pass, utter, or sell,'' before ``or
possesses''.
(w) Section 513(a) of title 18, United States Code, is amended by
inserting ``or attempts to utter,'' after ``utters''.
SEC. 7343. 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. 7344. THEFT OF VESSELS.
(a) 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) 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. 7345. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION OF JUSTICE
BY NOTIFICATION OF EXISTENCE OF A SUBPOENA FOR RECORDS IN
CERTAIN TYPES OF INVESTIGATIONS.
Section 1510(b)(3)(B) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (i);
(2) by striking the period and inserting ``; or'' at the
end of subparagraph (ii); and
(3) by adding the following new subparagraph:
``(iii) the Controlled Substances Act, the
Controlled Substances Import and Export Act, or
section 60501 of the Internal Revenue Code of
1986.''.
SEC. 7346. CONFORMING AMENDMENT TO INJUNCTION AGAINST FRAUD STATUTE.
Section 1345(a)(2) of title 18, United States Code, is amended by
inserting ``violation of this chapter or section 287, 371 (insofar as
such violation involves a conspiracy to defraud the United States or
any agency thereof), or 1001 of this title or of a'' after ``as a
result of a''.
SEC. 7347. CORRECTION OF ERROR IN PERJURY RECANTATION STATUTE.
Section 1623(d) of title 18, United States Code, is amended by
striking ``or'' the second place it appears and inserting ``and''.
SEC. 7348. ELIMINATION OF PROOF OF VALUE REQUIREMENT FOR FELONY THEFT
OR CONVERSION OF GRAND JURY MATERIAL.
Section 641 of title 18, United States Code, is amended by striking
``but if the value of such property does not exceed the sum of $1,000,
he'' and inserting ``but if the value of such property, other than
property constituting `matters occurring before the grand jury' within
the meaning of Rule 6(e) of the Federal Rules of Criminal Procedure,
does not exceed the sum of $1000,''.
SEC. 7349. AMENDMENT OF INTERSTATE TRAVEL FRAUD STATUTE TO COVER TRAVEL
BY PERPETRATOR.
Section 2314 of title 18, United States Code, is amended in the
second undesignated paragraph by inserting ``travels in or'' before
``transports or causes to be transported''.
SEC. 7350. MARIJUANA PLANTS.
Section 1010(b)(4) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(b)(4)) is amended by striking ``except in the case
of 100 or more marihuana plants'' and inserting ``except in the case of
50 or more marihuana plants''.
SEC. 7351. PARTICIPATION OF FOREIGN AND STATE GOVERNMENT PERSONNEL
UNDER FEDERAL SUPERVISION IN CERTAIN INTERCEPTIONS.
Section 2518(5) of title 18, United States Code, is amended by
inserting ``(including personnel of a foreign government or of a State
or subdivision of a State or of an Indian tribe)'' after ``Government
personnel''.
SEC. 7352. 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,'' after ``probation''; and
(2) in subsection (g)(3), by inserting ``or supervised
release'' after ``probation''.
SEC. 7353. STRENGTHENING OF STATUTE PUNISHING EVASION OR EMBEZZLEMENT
OF CUSTOMS DUTIES.
Section 542 of title 18, United States Code, is amended--
(1) by striking ``two years'' and inserting ``five years'';
and
(2) by inserting after the third undesignated paragraph the
following: ``This section shall not be construed to require
proof of any mental state with respect to whether the
defendant's willful act or omission would deprive the
government of any lawful duties.''.
SEC. 7354. 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. 7355. 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. 7356. 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''.
SEC. 7357. AMENDMENT TO SECTION 1547 TO CONFORM TO ENACTMENT OF THE
IMMIGRATION BILL.
Section 1547 of title 18, United States Code, is amended by
striking ``under this chapter (other than an offense under section
1545)'' and inserting ``under section 1546(b)''.
SEC. 7358. EXPANDED JURISDICTION OVER CHILD BUYING AND SELLING OFFENSES
IN FEDERAL ENCLAVES.
Section 2251A(c)(3) of title 18, United States Code, is amended by
striking ``in any territory or possession of the United States'' and
inserting ``in the special maritime and territorial jurisdiction of the
United States or in any commonwealth, territory, or possession of the
United States''.
SEC. 7359. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN
MONEY LAUNDERING OFFENSES.
Section 2516(1)(g) of title 18, United States Code, is amended by
striking ``a violation of section 5322 of title 31, United States Code
(dealing with the reporting of currency transactions)'' and inserting
``a violation of section 5322 or 5324 of title 31, United States Code
(dealing with the reporting and illegal structuring of currency
transactions)''.
SEC. 7360. FLUNITRAZEPAM PENALTIES.
Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b))
is amended--
(1) in subparagraph (1)(C), by striking ``1 gram of''
before ``flunitrazepam,''; and
(2) in subparagraph (1)(D), by striking ``or 30 grams of
flunitrazepam,''.
SEC. 7361. REMOVAL OF THE SUNSET PROVISION FOR THE S VISA
CLASSIFICATION PROGRAM.
Section 214(k)(2) of the Immigration and Nationality Act of 1952,
as amended (8 U.S.C. 1184(k)(2)) is repealed.
SEC. 7362. REPEAL OF DUPLICATIVE 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) by redesignating subsections (q)(4) through (10) as
subsections (f)(1) through (7).
SEC. 7363. REPEAL OF OUTMODED PROVISIONS RELATING TO THE CANAL ZONE.
(a) Section 14 of title 18, United States Code, and the item
relating thereto in the chapter analysis for chapter 1 of title 18,
United States Code, are repealed.
(b) Section 1261 of title 18, United States Code, is amended--
(1) by striking ``(a) The Secretary'' and inserting ``The
Secretary''; and
(2) by striking subsection (b).
(c) Section 3183 of title 18, United States Code, is amended by
striking ``or the Panama Canal Zone,''.
(d) Section 3241 of title 18, United States Code, is amended by
striking ``United States District Court for the Canal Zone and the''.
(e) This section, except subsection (d), shall take effect on
January 1, 2000.
SEC. 7364. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE
PARTS IN INTERSTATE OR FOREIGN COMMERCE.
(a) Definitions.--Section 31 of title 18, United States Code, is
amended by striking all after the section heading and inserting the
following:
``(a) In General.--
``(1) Aircraft.--The term `aircraft' means a civil,
military, or public contrivance invented, used, or designed to
navigate, fly, or travel in the air.
``(2) Aviation quality.--The term `aviation quality', with
respect to a part of an aircraft or space vehicle, means the
quality of having been manufactured, constructed, produced,
repaired, overhauled, rebuilt, reconditioned, or restored in
conformity with applicable standards specified by law
(including a regulation) or contract.
``(3) Destructive substance.--The term `destructive
substance' means an explosive substance, flammable material,
infernal machine, or other chemical, mechanical, or radioactive
device or matter of a combustible, contaminative, corrosive, or
explosive nature.
``(4) In flight.--The term `in flight' means--
``(A) any time from the moment at which all the
external doors of an aircraft are closed following
embarkation until the moment when any such door is
opened for disembarkation; and
``(B) in the case of a forced landing, until
competent authorities take over the responsibility for
the aircraft and the persons and property on board.
``(5) In service.--The term `in service' means--
``(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel or by
the crew for a specific flight until 24 hours after any
landing; and
``(B) in any event includes the entire period
during which the aircraft is in flight.
``(6) Motor vehicle.--The term `motor vehicle' means every
description of carriage or other contrivance propelled or drawn
by mechanical power and used for commercial purposes on the
highways in the transportation of passengers, passengers and
property, or property or cargo.
``(7) Part.--The term `part' means a frame, assembly,
component, appliance, engine, propeller, material, part, spare
part, piece, section, or related integral or auxiliary
equipment.
``(8) Space vehicle.--The term `space vehicle' means a man-
made device, either manned or unmanned, designed for operation
beyond the Earth's atmosphere.
``(9) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(10) Used for commercial purposes.--The term `used for
commercial purposes' means the carriage of persons or property
for any fare, fee, rate, charge or other consideration, or
directly or indirectly in connection with any business, or
other undertaking intended for profit.
``(b) Terms Defined in Other Law.--In this chapter, the terms
`aircraft engine', `air navigation facility', `appliance', `civil
aircraft', `foreign air commerce', `interstate air commerce', `landing
area', `overseas air commerce', `propeller', `spare part', and `special
aircraft jurisdiction of the United States' have the meanings given
those terms in sections 40102(a) and 46501 of title 49.''.
(b) Fraud.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 38. Fraud involving aircraft or space vehicle parts in
interstate or foreign commerce
``(a) Offenses.--A person that, in or affecting interstate or
foreign commerce, knowingly--
``(1)(A) falsifies or conceals a material fact;
``(B) makes any materially fraudulent representation; or
``(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or
electronic communication;
concerning any aircraft or space vehicle part;
``(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of
a fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
``(3) attempts or conspires to commit an offense described
in paragraph (1) or (2);
shall be punished as provided in subsection (b).
``(b) Penalties.--The punishment for an offense under subsection
(a) is as follows:
``(1) Aviation quality.--If the offense relates to the
aviation quality of a part and the part is installed in an
aircraft or space vehicle, a fine of not more than $500,000,
imprisonment for not more than 25 years, or both.
``(2) Failure to operate as represented.--If, by reason of
the failure of the part to operate as represented, the part to
which the offense is related is the probable cause of a
malfunction or failure that results in serious bodily injury
(as defined in section 1365) to or the death of any person, a
fine of not more than $1,000,000, imprisonment for any term of
years or life, or both.
``(3) Organizations.--If the offense is committed by an
organization, a fine of not more than $25,000,000.
``(4) Other circumstances.--In the case of an offense not
described in paragraph (1), (2), or (3), a fine under this
title, imprisonment for not more than 15 years, or both.
``(c) Civil Remedies.--
``(1) In general.--The district courts of the United States
shall have jurisdiction to prevent and restrain violations of
this section by issuing appropriate orders, including--
``(A) ordering a person convicted of an offense
under this section to divest any interest, direct or
indirect, in any enterprise, or to destroy, or to
mutilate and sell as scrap, aircraft material or part
inventories or stocks;
``(B) imposing reasonable restrictions on the
future activities or investments of any such person,
including prohibiting engagement in the same type of
endeavor as used to commit the offense; and
``(C) ordering dissolution or reorganization of any
enterprise, making due provisions for the rights and
interests of innocent persons.
``(2) Restraining orders and prohibition.--Pending final
determination of a proceeding brought under this section, the
court may enter such restraining orders or prohibitions, or
take such other actions (including the acceptance of satisfactory
performance bonds) as the court deems proper.
``(3) Estoppel.--A final judgment rendered in favor of the
United States in any criminal proceeding brought under this
section shall estop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil
proceeding brought by the United States.
``(d) Criminal Forfeiture.--
``(1) In general.--The court, in imposing sentence on any
person convicted of an offense under this section, shall order,
in addition to any other sentence and irrespective of any
provision of State law, that the person forfeit to the United
States--
``(A) any property constituting, or derived from,
any proceeds that the person obtained, directly or
indirectly, as a result of the offense; and
``(B) any property used, or intended to be used in
any manner, to commit or facilitate the commission of
the offense.
``(2) Application of other law.--The forfeiture of property
under this section, including any seizure and disposition of
the property, and any proceedings relating to the property,
shall be governed by section 413 of the Comprehensive Drug
Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including
subsection (d) of that section).
``(e) Construction With Other Law.--This section does not preempt
or displace any other remedy, civil or criminal, provided by Federal or
State law for the fraudulent importation, sale, trade, installation, or
introduction into commerce of an aircraft or space vehicle part.
``(f) Territorial Scope.--This section applies to conduct occurring
inside or outside the United States.
``(g) Authorized Investigative Demand Procedures.--
``(1) Authorization.--
``(A) Subpoenas.--In any investigation relating to
any act or activity involving an offense under this
section, the Attorney General may issue in writing and
cause to be served a subpoena--
``(i) requiring the production of any
record (including any book, paper, document,
electronic medium, or other object or tangible
thing) that may be relevant to an authorized
law enforcement inquiry, that a person or legal
entity may possess or have care or custody of
or control over; and
``(ii) requiring a custodian of a record to
give testimony concerning the production and
authentication of the record.
``(B) Contents.--A subpoena under subparagraph (A)
shall--
``(i) describe the object required to be
produced; and
``(ii) prescribe a return date within a
reasonable period of time within which the
object can be assembled and produced.
``(C) Limitation.--The production of a record shall
not be required under this section at any place more
than 500 miles from the place at which the subpoena for
the production of the record is served.
``(D) Witness fees.--A witness summoned under this
section shall be paid the same fees and mileage as are
paid witnesses in courts of the United States.
``(b) Service.--
``(1) In general.--A subpoena issued under subsection (a)
may be served by any person who is at least 18 years of age and
is designated in the subpoena to serve the subpoena.
``(2) Natural persons.--Service of a subpoena issued under
subsection (a) on a natural person may be made by personal
delivery of the subpoena to the person.
``(3) Corporations and other organizations.--Service of a
subpoena issued under subsection (a) on a domestic or foreign
corporation or on a partnership or other unincorporated
association that is subject to suit under a common name may be
made by delivering the subpoena to an officer, to a managing or
general agent, or to any other agent authorized by appointment
or by law to receive service of process for the corporation,
partnership, or association.
``(4) Proof of service.--The affidavit of the person
serving the subpoena entered or a true copy of such an
affidavit shall be proof of service.
``(c) Enforcement.--
``(1) In general.--In the case of a failure to comply with
a subpoena issued under subsection (a), the Attorney General
may invoke the aid of any court of the United States within the
jurisdiction of which the investigation is carried on or of
which the subpoenaed person is an inhabitant, or in which the
subpoenaed person carries on business or may be found, to
compel compliance with the subpoena.
``(2) Orders.--The court may issue an order requiring the
subpoenaed person to appear before the Attorney General to
produce a record or to give testimony concerning the production
and authentication of a record.
``(3) Contempt.--Any failure to obey the order of the court
may be punished by the court as a contempt of court.
``(4) Process.--All process in a case under this subsection
may be served in any judicial district in which the subpoenaed
person may be found.
``(d) Immunity From Civil Liability.--Notwithstanding any Federal,
State, or local law, any person (including any officer, agent, or
employee of a person) that receives a subpoena under this section, who
complies in good faith with the subpoena and produces a record or
material sought by a subpoena under this section, shall not be liable
in any court of any State or the United States to any customer or other
person for the production or for nondisclosure of the production to the
customer.''.
(2) Conforming amendments.--
(A) Chapter analysis.--The analysis for chapter 2
of title 18, United States Code, is amended by adding
at the end the following:
``38. Fraud involving aircraft or space vehicle parts in interstate or
foreign commerce.''.
(B) Wire and electronic communications.--Section
2516(1)(c) of title 18, United States Code, is amended
by inserting ``section 38 (relating to aircraft parts
fraud),'' after ``section 32 (relating to destruction
of aircraft or aircraft facilities),''.
CHAPTER 5--FRAUD AGAINST THE ELDERLY
SEC. 7471. DEFINITIONS.
In this chapter:
(1) Crime.--The term ``crime'' means any criminal offense
under Federal or State law.
(2) Nursing home.--The term ``nursing home'' means any
institution or residential care facility defined as such for
licensing purposes under State law, or if State law does not
employ the term nursing home, the equivalent term or terms as
determined by the Secretary of Health and Human Services,
pursuant to section 1908(e) of the Social Security Act (42
U.S.C. 1396g(e)).
(3) Senior.--The term ``senior'' means an individual who is
more than 55 years of age.
SEC. 7472. INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY.
Beginning not later than 2 years after the date of enactment of
this Act, as part of each National Crime Victimization Survey, the
Attorney General shall include statistics relating to--
(1) crimes targeting or disproportionately affecting
seniors; and
(2) crime risk factors for seniors, including the times and
locations at which crimes victimizing seniors are most likely
to occur; and
(3) specific characteristics of the victims of crimes who
are seniors, including age, gender, race or ethnicity, and
socioeconomic status.
SEC. 7473. ENHANCED SENTENCING PENALTIES BASED ON AGE OF VICTIM.
(a) Directive to the United States Sentencing Commission.--In the
exercise of its authority under section 994(p) of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and, if appropriate, amend section
3A1.1(a) of the Federal sentencing guidelines to include the age of a
crime victim as 1 of the criteria for determining whether the
application of a sentencing enhancement is appropriate.
(b) Requirements.--In carrying out this section, the Commission
shall--
(1) ensure that the Federal sentencing guidelines and the
policy statements of the Commission reflect the serious
economic and physical harms associated with criminal activity
targeted at seniors due to their particular vulnerability;
(2) consider providing increased penalties for persons
convicted of offenses in which the victim was a senior in
appropriate circumstances;
(3) consult with individuals or groups representing
seniors, law enforcement agencies, victims organizations, and
the Federal judiciary, as part of the review described in
subsection (a);
(4) ensure reasonable consistency with other Federal
sentencing guidelines and directives;
(5) account for any aggravating or mitigating circumstances
that may justify exceptions, including circumstances for which
the Federal sentencing guidelines provide sentencing
enhancements;
(6) make any necessary conforming changes to the Federal
sentencing guidelines; and
(7) ensure that the Federal sentencing guidelines
adequately meet the purposes of sentencing set forth in section
3553(a)(2) of title 18, United States Code.
(c) Report.--Not later than December 31, 2000, the Commission shall
submit to Congress a report on issues relating to the age of crime
victims, which shall include--
(1) an explanation of any changes to sentencing policy made
by the Commission under this section; and
(2) any recommendations of the Commission for retention or
modification of penalty levels, including statutory penalty
levels, for offenses involving seniors.
SEC. 7474. STUDY AND REPORT ON HEALTH CARE FRAUD SENTENCES.
(a) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994(p) of title 28, United States Code,
and in accordance with this section, the United States Sentencing
Commission shall review and, if appropriate, amend the Federal
sentencing guidelines and the policy statements of the Commission with
respect to persons convicted of offenses involving fraud in connection
with a health care benefit program (as defined in section 24(b) of
title 18, United States Code).
(b) Requirements.--In carrying out this section, the Commission
shall--
(1) ensure that the Federal sentencing guidelines and the
policy statements of the Commission reflect the serious harms
associated with health care fraud and the need for aggressive
and appropriate law enforcement action to prevent such fraud;
(2) consider providing increased penalties for persons
convicted of health care fraud in appropriate circumstances;
(3) consult with individuals or groups representing victims
of health care fraud, law enforcement agencies, the health care
industry, and the Federal judiciary as part of the review
described in subsection (a);
(4) ensure reasonable consistency with other Federal
sentencing guidelines and directives;
(5) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the Federal sentencing guidelines provide sentencing
enhancements;
(6) make any necessary conforming changes to the Federal
sentencing guidelines; and
(7) ensure that the Federal sentencing guidelines
adequately meet the purposes of sentencing as set forth in
section 3553(a)(2) of title 18, United States Code.
(c) Report.--Not later than December 31, 2000, the Commission shall
submit to Congress a report on issues relating to offenses described in
subsection (a), which shall include--
(1) an explanation of any changes to sentencing policy made
by the Commission under this section; and
(2) any recommendations of the Commission for retention or
modification of penalty levels, including statutory penalty
levels, for those offenses.
SEC. 7475. INCREASED PENALTIES FOR FRAUD RESULTING IN SERIOUS INJURY OR
DEATH.
Sections 1341 and 1343 of title 18, United States Code, are each
amended by inserting before the last sentence the following: ``If the
violation results in serious bodily injury (as defined in section 1365
of this title), such person shall be fined under this title, imprisoned
not more than 20 years, or both, and if the violation results in death,
such person shall be fined under this title, imprisoned for any term of
years or life, or both.''.
SEC. 7476. TELEMARKETING SCAMS.
(a) Expansion of Scope of Telemarketing Fraud Subject to Enhanced
Criminal Penalties.--Section 2325(1) of title 18, United States Code,
is amended by striking ``telephone calls'' and inserting ``wire
communications utilizing a telephone service''.
(b) Blocking or Termination of Telephone Service Associated With
Telemarketing Fraud.--
(1) In general.--Chapter 113A of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2328. Blocking or termination of telephone service
``(a) Definitions.--In this section:
``(1) Reasonable notice to the subscriber.--
``(A) In general.--The term `reasonable notice to
the subscriber', in the case of a subscriber of a
common carrier, means any information necessary to
provide notice to the subscriber that--
``(i) the wire communications facilities
furnished by the common carrier may not be used
for the purpose of transmitting, receiving,
forwarding, or delivering a wire communication
in interstate or foreign commerce for the
purpose of executing any scheme or artifice to
defraud in connection with the conduct of
telemarketing; and
``(ii) such use constitutes sufficient
grounds for the immediate discontinuance or
refusal of the leasing, furnishing, or
maintaining of the facilities to or for the
subscriber.
``(B) Included matter.--The term includes any
tariff filed by the common carrier with the Federal
Communications Commission that contains the information
specified in subparagraph (A).
``(2) Wire communication.--The term `wire communication'
has the meaning given that term in section 2510(1) of this
title.
``(3) Wire communications facility.--The term `wire
communications facility' means any facility (including
instrumentalities, personnel, and services) used by a common
carrier for purposes of the transmission, receipt, forwarding,
or delivery of wire communications.
``(b) In General.--If a common carrier subject to the jurisdiction
of the Federal Communications Commission is notified in writing by the
Attorney General, acting within the Attorney General's jurisdiction,
that any wire communications facility furnished by such common carrier
is being used or will be used by a subscriber for the purpose of
transmitting or receiving a wire communication in interstate or foreign
commerce for the purpose of executing any scheme or artifice to
defraud, or for obtaining money or property by means of false or
fraudulent pretenses, representations, or promises, in connection with
the conduct of telemarketing, the common carrier shall discontinue or
refuse the leasing, furnishing, or maintaining of the facility to or
for the subscriber after reasonable notice to the subscriber.
``(c) Prohibition of Damages.--No damages, penalty, or forfeiture,
whether civil or criminal, shall be found or imposed against any common
carrier for any act done by the common carrier in compliance with a
notice received from the Attorney General under this section.
``(d) Relief.--
``(1) In general.--Nothing in this section may be construed
to prejudice the right of any person affected thereby to secure
an appropriate determination, as otherwise provided by law, in
a Federal court, that--
``(A) the leasing, furnishing, or maintaining of a
facility should not be discontinued or refused under
this section; or
``(B) the leasing, furnishing, or maintaining of a
facility that has been so discontinued or refused
should be restored.
``(2) Supporting information.--In any action brought under
this subsection, the court may direct that the Attorney General
present evidence in support of the notice made under subsection
(a) to which such action relates.''.
(2) Conforming amendment.--The analysis for that chapter is
amended by adding at the end the following:
``2328. Blocking or termination of telephone service.''.
SEC. 7477. GRAND JURY DISCLOSURE IN INVESTIGATIONS OF HEALTH CARE
OFFENSES.
Section 3322 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Grand Jury Disclosure.--Subject to section 3486(f), upon ex
parte motion of an attorney for the government showing that such
disclosure would be of assistance to enforce any provision of Federal
law, a court may direct the disclosure of any matter occurring before a
grand jury during an investigation of a Federal health care offense
(as defined in section 24(a) of this title) to an attorney for the
government to use in any investigation or civil proceeding relating to
fraud or false claims in connection with a Federal health care program
(as defined in section 1128B(f) of the Social Security Act (42 U.S.C.
1320a-7b(f))).''.
SEC. 7478. VICTIM RESTITUTION.
Section 413 of the Controlled Substances Act (21 U.S.C. 853) is
amended by adding at the end the following:
``(r) Victim Restitution.--
``(1) Definition of victim.--
``(A) In general.--In this subsection, the term
`victim' means a person other than a person with a
legal right, title, or interest in the forfeited
property sufficient to satisfy the standing
requirements of subsection (n)(2) who may be entitled
to restitution from the forfeited funds pursuant to
section 9.8 of part 9 of title 28, Code of Federal
Regulations (or any successor regulation).
``(B) Inclusions.--In this subsection, the term
`victim' includes any person who is the victim of the
offense giving rise to the forfeiture, or of any
offense that was part of the same scheme, conspiracy,
or pattern of criminal activity, including, in the case
of a money laundering offense, any offense constituting
the underlying specified unlawful activity.
``(2) Satisfaction of order of restitution.--
``(A) In general.--Except as provided in
subparagraph (B), a defendant may not use property
subject to forfeiture under this section to satisfy an
order of restitution.
``(B) Exception.--If there are 1 or more
identifiable victims entitled to restitution from a
defendant, and the defendant has no assets other than
the property subject to forfeiture with which to pay
restitution to the victim or victims, the attorney for
the Government may move to dismiss a forfeiture
allegation against the defendant before entry of a
judgment of forfeiture in order to allow the property
to be used by the defendant to pay restitution in
whatever manner the court determines to be appropriate
if the court grants the motion. In granting a motion
under this subparagraph, the court shall include a
provision ensuring that costs associated with the
identification, seizure, management, and disposition of
the property are recovered by the United States.
``(3) Restoration of forfeited property.--
``(A) In general.--If an order of forfeiture is
entered pursuant to this section and the defendant has
no assets other than the forfeited property to pay
restitution to 1 or more identifiable victims who are
entitled to restitution, the Government shall restore
the forfeited property to the victims pursuant to
subsection (i)(1) once the ancillary proceeding under
subsection (n) has been completed and the costs of the
forfeiture action have been deducted.
``(B) Distribution of property.--On motion of the
attorney for the Government, the court may enter any
order necessary to facilitate the distribution of any
property restored under this paragraph.''.
Subtitle D--Federal Law Enforcement Agency Improvements
SEC. 7501. REPEAL OF PROVISION REQUIRING COMPILATION OF STATISTICS
RELATING TO INTIMIDATION OF GOVERNMENT EMPLOYEES.
Section 808 of the Antiterrorism and Effective Death Penalty Act of
1996 (110 Stat. 1310) is repealed.
SEC. 7502. FLIGHT TO AVOID PROSECUTION OR GIVING TESTIMONY.
Section 1073 of title 18, United States Code, is amended in the
first sentence of the first undesignated paragraph by inserting after
``commerce'' the following: ``, or enters or leaves Indian country,''.
SEC. 7503. CONTRABAND IN PRISON.
Section 1791(d)(4) of title 18, United States Code, is amended to
read as follows:
``(4) Prison.--The term `prison' means any facility
(including any privately owned facility) housing any person
detained under chapter 807 or under section 242(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)), or
imprisoned under subchapter C of chapter 229.''.
SEC. 7504. PERSONNEL MANAGEMENT SYSTEM FOR CERTAIN POSITIONS IN THE
FEDERAL BUREAU OF INVESTIGATION.
Section 122 of Public Law 105-119 (111 Stat. 2469) is amended--
(1) in subsection (a), by striking ``3-year period'' and
inserting ``4-year period''; and
(2) in subsection (h), by adding at the end the following:
``An employee may not be separated from employment with the
Federal Bureau of Investigation or receive a reduction in pay
by reason of the termination of authority.''.
SEC. 7505. HUMANITARIAN ASSISTANCE.
(a) Findings.--Congress finds that--
(1) the employees of the Drug Enforcement Administration
and the Federal Bureau of Investigation unselfishly give of
themselves, and they make significant personal sacrifices in
the performance of their official duties;
(2) unfortunately, given the unique and demanding nature of
their jobs and the unpredictable risks associated with their
duties, employees of those agencies may be seriously injured,
become seriously ill, or be killed during the performance of
official duties; and
(3) in 1990, Congress recognized the tremendous sacrifice
made by those employees and authorized the Drug Enforcement
Administration and the Federal Bureau of Investigation to
expend appropriated funds for humanitarian assistance designed
to aid, assist, or comfort employees or their immediate
families in appropriate instances.
(b) Amendment.--Title XXXII of the Crime Control Act of 1990 is
amended by striking section 3201 (Public Law 101-647; 28 U.S.C. 509
note) and inserting the following:
``SEC. 3201. HUMANITARIAN ASSISTANCE.
``(a) Financial Assistance.--The Administrator of Drug Enforcement
Administration (referred to in this section as the `Administrator'), in
the sole discretion of the Administrator, and the Director of the
Federal Bureau of Investigation (referred to in this section as the
`Director'), in the sole discretion of the Director, may pay
humanitarian assistance expenses incurred--
``(1) by an employee of the Drug Enforcement Administration
or Federal Bureau of Investigation as a result of serious
illness, serious injury, or death of the employee occurring
while on official business; or
``(2) by a member of the immediate family of such an
employee, incident to the serious illness, serious injury, or
death of the employee occurring while on official business.
``(b) Other Assistance.--The Administrator and the Director may use
Government equipment (including vehicles) and incidental materials in
humanitarian matters involving the serious injury, serious illness, or
death of an employee occurring while on official business when
necessary to provide comfort, assistance, or aid to the employee or the
immediate family of the employee, so long as such use would not
interfere with the mission and responsibilities of the Drug Enforcement
Administration or the Federal Bureau of Investigation.
``(c) Regulations and Procedures.--The Administrator and the
Director may promulgate regulations and procedures to carry out this
section.
``(d) Rights and Benefits.--This section does not convey or imply
the conveyance of any right or benefit, substantive or procedural in
nature, enforceable at law by an individual seeking to compel the
payment of any expenses or the performance of any action by the Drug
Enforcement Administration or the Federal Bureau of Investigation under
this section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) to the Drug Enforcement Administration, $50,000 for
each fiscal year; and
``(2) to the Federal Bureau of Investigation, $50,000 for
each fiscal year.''.
SEC. 7506. SCHOLARSHIP PROGRAM.
(a) Findings.--Congress finds that--
(1) the demands on supervisors in law enforcement agencies
are growing more challenging every year;
(2) it is essential that law enforcement supervisors be
well equipped to meet those demands;
(3) additional educational opportunities would make law
enforcement supervisors more effective managers and would
directly benefit their agencies; and
(4) a Federal program allowing qualified managers to attend
graduate school full time on a Government scholarship while
receiving regular pay and benefits, in order to obtain a
masters degree in a job-related field, would help to better
prepare law enforcement supervisors to meet the demands placed
on them.
(b) Establishment of Program.--
(1) In general.--The heads of the Department of Justice law
enforcement agencies may, under regulations promulgated by the
Attorney General, send employees in supervisory positions as
students to accredited masters degree programs in areas related
to their jobs.
(2) Limitation.--Not more than 10 such employees from each
law enforcement agency may begin such training in any fiscal
year.
(3) Eligibility.--To be eligible for training under
subsection (a), an employee--
(A) shall be a citizen of the United States;
(B) shall have served with the agency for a period
of not less than 6 years;
(C) shall be in pay grade GS-13 or above as of the
time the training begins; and
(D) shall sign an agreement that, unless sooner
separated from employment with the agency, the employee
will--
(i) complete the educational course of
training; and
(ii) agree to--
(I) serve in the law enforcement
agency following completion or other
termination of training for a period of
time determined under regulations
promulgated by the Attorney General; or
(II) reimburse the agency pro rata
for the costs of the training.
(4) Selection.--Employees of a law enforcement agency shall
be selected for training under paragraph (1) on a competitive
basis under regulations promulgated by the Attorney General.
(5) Educational expenses.--Educational expenses of a law
enforcement agency incurred incident to the training of
employees under this section (including tuition, fees, books,
and laboratory expenses) shall be paid from any funds
appropriated for the agency.
SEC. 7507. NONCOMPETITIVE CONVERSION TO CAREER APPOINTMENTS OF CERTAIN
EMPLOYEES OF THE DRUG ENFORCEMENT ADMINISTRATION.
(a) In General.--An employee of the Drug Enforcement Administration
who is serving under a Schedule B appointment under authority of title
5, Code of Federal Regulations and section 213.3201(a) (Office of
Personnel Management Schedule B appointment authorization number
213.3210(c)), in the discretion of the Administrator of the Drug
Enforcement Administration, may be converted noncompetitively to a
career or a career-conditional appointment on completion of at least 3
years of full time service, if--
(1) the employee's past performance and conduct has been
satisfactory; and
(2) the employee meets qualifications and other
requirements established by the Director of the Office of
Personnel Management.
(b) Schedule B Appointments.--
(1) In general.--The Administrator of the Drug Enforcement
Administration may grant Schedule B appointments to individuals
who are selected for positions in the GS-132 or GS-1801 job
series.
(2) Conversion.--Individuals hired under appointments under
paragraph (1) may be converted to career or career-conditional
appointments on satisfaction of the conditions stated in
subsection (a).
SEC. 7508. OFFICE OF PROFESSIONAL RESPONSIBILITY.
Section 506(a) of the Controlled Substances Act (21 U.S.C. 876(a))
is amended in the first sentence by inserting ``or in any investigation
into an allegation of misconduct by an employee of the Drug Enforcement
Administration'' after ``encapsulating machines''.
SEC. 7509. CUSTOMS CYBERSMUGGLING CENTER.
(a) Findings.--Congress finds that--
(1) in August, 1977, the United States Customs Service
established the Customs Cybersmuggling Center (C3);
(2) C3 is responsible for the investigation of violations
related to, inter alia, international child pornography, child
exploitation, and child sex tourism; drug trafficking; the
violation of Intellectual Property Rights (IPR) statutes; the
trafficking in weapons of mass destruction, their delivery
systems, and spare parts; and international money laundering;
(3) the goals and objectives of C3 are--
(A) to direct and coordinate the United States
Customs Service cybersmuggling initiatives;
(B) to maximize and optimize the utilization of all
available United States Customs Service resources to
combat cybersmuggling activity;
(C) to complement and support the investigative
programs of the United States Customs Service, Office
of Investigations;
(D) to identify, prepare for, and prevent future
uses of cyberspace for the conduct of smuggling-related
activity;
(E) to develop the necessary capabilities that will
enable the United States Customs Service to meet future
threats facilitated by the use of cyberspace;
(F) to protect the health and welfare of United
States citizens, other residents, and industry from
smuggling activity perpetrated and/or facilitated
through the use of international cyberspace;
(G) to protect United States businesses and
industry from international economic espionage
facilitated by the use of cyberspace;
(H) to increase compliance with the laws,
regulations, policies, and procedures governing
international commerce, travel, and transportation;
(I) to identify and target for investigation
international cybersmuggling violators and violations;
(J) to coordinate international cybersmuggling
investigations on behalf of the United States Customs
Service;
(K) to assist and support United States Customs
Services field offices investigate cybersmuggling
activity for the purpose of effecting arrests,
indictments, and convictions;
(L) to assist and support United States Customs
Service field offices interdict, seize, and forfeit
illegal and illicit merchandise and cargo entering and/
or exiting the United States by illegal means, whose
transportation is facilitated through the use of the
Internet or other cyberspacial media;
(M) to assist and support the United States Customs
Service in the identification and seizure of assets
derived from cybersmuggling-related activities; and
(N) to terminate and otherwise disrupt the use of
international cyberspace for illegal and illicit
purposes while, at the same time, protecting the rights
of United States citizens as granted by the
Constitution and laws of the United States;
(4) C3 oversees, among other things--
(A) the National Child Pornography and Child Sexual
Exploitation Program, which is responsible for
coordinating all child pornography/child sexual
exploitation investigations and related matters on
behalf of the United States Customs Service;
(B) the National Computer Forensics Program, which
is responsible for coordinating all computer forensics
activity within the United States Customs Service as
well as oversight and supervision of the CIS 2000
initiative as it applies to the United States Customs
Service; and
(C) the National Cybersmuggling Program, which is
responsible for the identification and development of
nonchild pornography/child sexual exploitation-related
targets suspected of being involved in cybersmuggling
activities and, once identified, for providing the
responsible United States Customs Service field office
with the information necessary to support indictment,
arrest, seizure, and forfeiture; and
(5) additional funding is required for the United States
Customs Cybersmuggling Center to effectively perform its
functions.
(b) Authorization of Appropriations for United States Customs
Cybersmuggling Center.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the United States Customs Service
$5,000,000 for each of the fiscal years 2000, 2001, 2002, and
2003, to carry out the programs established by the
Cybersmuggling Center of the United States Customs Service.
(2) Use of amounts for child pornography cyber tipline.--Of
the amounts appropriated under paragraph (1), the United States
Customs Service shall provide 2.50 percent of each fiscal year
appropriation to the National Center for Missing and Exploited
Children for the operation of the child pornography cyber
tipline of the Center and for increased public awareness of the
tipline.
(3) Discretionary authority.--Of the remaining amounts
appropriated under paragraph (1), the United States Customs
Service may allocate such funds for the hiring and retention of
agents and other necessary personnel, the purchase of equipment
and supplies, and for training and educational purposes, as are
consistent with the attainment of the goals and objectives
described in subsection (a).
TITLE VIII--21st CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS
AUTHORIZATION ACT
SEC. 8001. SHORT TITLE.
This title may be cited as the ``21st Century Department of Justice
Appropriations Authorization Act''.
Subtitle A--Authorization of Appropriations for Fiscal Years 2000,
2001, and 2002
SEC. 8101. SPECIFIC SUMS AUTHORIZED TO BE APPROPRIATED.
There are authorized to be appropriated for fiscal years 2000,
2001, and 2002, to carry out the activities of the Department of
Justice (including, without limitation, any bureau, office, board,
division, commission, subdivision, unit, or other component thereof),
the following sums:
(1) For General Administration: $249,989,000 for fiscal
year 2000, $262,489,000 for fiscal year 2001, and $275,613,450
for fiscal year 2002.
(2) For Administrative Review and Appeals (administration
of pardon and clemency petitions and for immigration-related
activities): $152,106,000 for fiscal year 2000, $159,712,000
for fiscal year 2001, and $167,697,600 for fiscal year 2002.
(3) For the Office of Inspector General: $36,341,000 for
fiscal year 2000, $38,158,000 for fiscal year 2001, and
$40,065,900 for fiscal year 2002, which shall include for each
such year, without limitation, not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of the Attorney General, and to be
accounted for solely on the certificate of the Attorney
General.
(4) For General Legal Activities: $509,781,000 for fiscal
year 2000, $535,270,000 for fiscal year 2001, and $562,033,500
for fiscal year 2002, which shall include for each such year,
without limitation--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals; and
(B) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character, to be expended
under the direction of the Attorney General, and to be
accounted for solely on the certificate of the Attorney
General.
(5) For the Antitrust Division: $107,987,000 for fiscal
year 2000, $113,386,000 for fiscal year 2001, and $119,055,300
for fiscal year 2002.
(6) For United States Attorneys: $1,162,343,000 for fiscal
year 2000, $1,220,460,000 for fiscal year 2001, and
$1,281,483,000 for fiscal year 2002.
(7) For the Federal Bureau of Investigation: $3,164,679,000
for fiscal year 2000, $3,322,913,000 for fiscal year 2001, and
$3,489,058,600 for fiscal year 2002, which shall include for
each such year, without limitation--
(A) not to exceed $14,146,000 for construction, to
remain available until expended; and
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended
under the direction of the Attorney General, and to be
accounted for solely on the certificate of the Attorney
General.
(8) For the United States Marshals Service: $554,785,000
for fiscal year 2000, $582,525,000 for fiscal year 2001, and
$611,651,250 for fiscal year 2002, which shall include for each
such year, without limitation--
(A) not to exceed $6,300,000 for construction, to
remain available until expended; and
(B) $10,000,000 for administrative expenses of the
Justice Prisoner and Alien Transportation System, to
remain available until expended.
(9) For the Drug Enforcement Administration: $1,252,358,000
for fiscal year 2000, $1,314,994,000 for fiscal year 2001, and
$1,380,743,700 for fiscal year 2002, which shall include for
each such year, without limitation--
(A) not to exceed $8,000,000 for construction, to
remain available until expended;
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended
under the direction of the Attorney General, and to be
accounted for solely on the certificate of the Attorney
General or the Deputy Attorney General; and
(C) not to exceed $15,000,000 for diversion
control.
(10) For the Immigration and Naturalization Service:
$2,839,756,000 for fiscal year 2000, $2,981,544,000 for fiscal
year 2001, and $3,130,621,200 for fiscal year 2002, which
shall include for each such year, without limitation--
(A) not to exceed $118,170,000 for construction, to
remain available until expended;
(B) not to exceed $50,000 to meet unforeseen
emergencies of a confidential character to be expended
under the direction of the Attorney General and to be
accounted for solely on the certificate of the Attorney
General; and
(C) $4,000,000 for each fiscal year to establish
and operate--
(i) a district office in Memphis,
Tennessee, for the States of Tennessee,
Arkansas, and Kentucky, and the portion of the
State of Mississippi north of the city of
Jackson;
(ii) a district office in San Jose,
California, for the counties of Monterey, Santa
Clara, San Benito, and Santa Cruz of the State
of California;
(iii) a suboffice in Nashville, Tennessee,
for the counties of Anderson, Blount, Campbell,
Cannon, Carter, Cheatham, Claiborne, Clay,
Cocke, Cumberland, Davidson, DeKalb, Dickson,
Fentress, Grainger, Greene, Hamblen, Hancock,
Hawkins, Houston, Humphreys, Jackson,
Jefferson, Johnson, Knox, Loudon, Macon,
Monroe, Montgomery, Morgan, Overton, Pickett,
Putnam, Roane, Robertson, Rutherford, Scott,
Sevier, Smith, Stewart, Sullivan, Sumner,
Trousdale, Unicoi, Union, Washington, White,
Williamson, and Wilson of the State of
Tennessee;
(iv) a district office in Charlotte, North
Carolina, for the States of North Carolina and
South Carolina; and
(v) a suboffice in St. George, Utah, for
the counties of Washington, Kane, Iron,
Garfield, San Juan, Wayne, Piute, Beaver,
Sevier, and Millard.
(11) For Fees and Expenses of Witnesses: $99,750,000 for
fiscal year 2000, $104,738,000 for fiscal year 2001, and
$109,974,900 for fiscal year 2002, to remain available until
expended, which shall include for each such year, without
limitation, not to exceed $6,000,000 for construction relating
to protected witness safe sites.
(12) For Interagency Crime and Drug Enforcement (expenses,
not otherwise provided for, relating to the investigation and
prosecution of individuals involved in organized crime drug
trafficking): $319,215,000 for fiscal year 2000, $335,176,000
for fiscal year 2001, and $351,934,800 for fiscal year 2002.
(13) For the Federal Prison System, including the National
Institute of Corrections: $4,733,900,000 for fiscal year 2000,
$4,970,595,000 for fiscal year 2001, and $5,219,124,700 for
fiscal year 2002.
(14) For the Foreign Claims Settlement Commission:
$1,402,000 for fiscal year 2000, $1,472,000 for fiscal year
2001, and $1,545,600 for fiscal year 2002.
(15) For the Community Relations Service: $5,000,000 for
fiscal year 2000, $4,500,000 for fiscal year 2001, and
$4,000,000 for fiscal year 2002.
(16) For the Assets Forfeiture Fund (expenses authorized by
section 524 of title 28, United States Code): $24,150,000 for
fiscal year 2000, $25,358,000 for fiscal year 2001, and
$26,625,900 for fiscal year 2002.
(17) For Federal Prisoner Detention: $526,428,000 for
fiscal year 2000, $552,749,400 for fiscal year 2001, and
$580,386,700 for fiscal year 2002, to remain available until
expended.
(18) For the United States Parole Commission: $8,002,000
for fiscal year 2000, $8,402,000 for fiscal year 2001, and
$8,822,100 for fiscal year 2002.
(19) For official reception and representation expenses of
the Department of Justice (including any bureau, office, board,
division, commission, subdivision, unit, or other component
thereof), not to exceed $200,000 for each of fiscal years 2000,
2001, and 2002.
SEC. 8102. FEDERAL PRISON INDUSTRIES.
Notwithstanding chapter 307 of title 18, United States Code, not to
exceed $3,429,000 for fiscal year 2000, not to exceed $3,601,000 for
fiscal year 2001, and not to exceed $3,781,050 for fiscal year 2002, of
the funds available to Federal Prison Industries may be used for--
(1) administrative expenses; and
(2) services authorized by section 3109 of title 5, United
States Code, all to be computed on an accrual basis in
accordance with the current prescribed accounting system of
Federal Prison Industries. Such funds shall be exclusive of
depreciation, payment of claims, and expenditures that such
accounting system requires to be capitalized or charged to the
cost of commodities acquired or produced (including, without
limitation, selling and shipping expenses) and expenses
incurred in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition
of facilities and other property of Federal Prison Industries.
SEC. 8103. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS;
REDUCTION OF CERTAIN LITIGATION POSITIONS.
(a) Appointments.--Not later than September 30, 2001, the Attorney
General may exercise authority under section 542 of title 28, United
States Code, to appoint 200 assistant United States attorneys in
addition to the number of assistant United States attorneys serving on
the date of enactment of this Act.
(b) Selection of Appointees.--Individuals first appointed under
subsection (a) shall be appointed from among attorneys who are
incumbents of 200 full-time litigation positions in divisions of the
Department of Justice and whose official duty station is at the seat of
Government.
(c) Termination of Positions.--Each of the 200 litigation positions
that become vacant by reason of an appointment made in accordance with
subsections (a) and (b) shall be terminated at the time the vacancy
arises.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal years 2000 and 2001.
Subtitle B--Authorizations of Appropriations for Specific Programs
SEC. 8201. AMENDMENTS TO THE CRIME CONTROL AND LAW ENFORCEMENT ACT OF
1994.
(a) Expeditious Deportation for Denied Asylum Applicants.--Section
130005(c) of the Violent Crime Control and Law Enforcement Act of 1994
(8 U.S.C. 1158 note) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) $90,000,000 for fiscal year 2000;
``(6) $90,000,000 for fiscal year 2001; and
``(7) $90,000,000 for fiscal year 2002.''.
(b) Amendments to Violence Against Women Act of 1994.--Section
40114 of the Violence Against Women Act of 1994 (Public Law 103-322;
108 Stat. 1910) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) $500,000 for fiscal year 2000;
``(5) $500,000 for fiscal year 2001; and
``(6) $500,000 for fiscal year 2002.''.
(c) Border Control Improvement.--Section 130006(a) of the Violent
Crime Control and Law Enforcement Act of 1994 (8 U.S.C. 1101 note) is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) $477,750,000 for fiscal year 2000;
``(6) $501,637,500 for fiscal year 2001; and
``(7) $526,719,370 for fiscal year 2002.''.
(d) Expanded Special Deportation Proceedings.--Section 130007(d) of
the Violent Crime Control and Law Enforcement Act of 1994 (8 U.S.C.
1252 note) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) $236,000,000 for fiscal year 2000;
``(6) $236,000,000 for fiscal year 2001; and
``(7) $236,000,000 for fiscal year 2002.''.
(e) Training Programs.--Section 40152(c) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13941(c)) is amended
by striking paragraphs (1) and (2), and inserting the following:
``(1) $1,000,000 for fiscal year 2000;
``(2) $1,000,000 for fiscal year 2001; and
``(3) $1,000,000 for fiscal year 2002.''.
(f) Missing Alzheimer's Disease Patient Alert Program.--Section
240001(d) of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14181(d)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) $900,000 for fiscal year 2000;
``(5) $900,000 for fiscal year 2001; and
``(6) $900,000 for fiscal year 2002.''.
(g) Motor Vehicle Theft Prevention Program.--Section 220002(h) of
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14171(h)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) $750,000 for fiscal year 2000;
``(5) $750,000 for fiscal year 2001; and
``(6) $750,000 for fiscal year 2002.''.
(h) Rural Domestic Violence and Child Abuse Enforcement Assistance
Act.--Section 40295(c)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13971(c)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) $15,000,000 for fiscal year 2000;
``(E) $15,000,000 for fiscal year 2001; and
``(F) $15,000,000 for fiscal year 2002.''.
SEC. 8202. AMENDMENTS TO THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY
ACT OF 1996.
The Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132; 110 Stat. 1214) is amended--
(1) in section 819(b), by striking ``for fiscal'' and all
that follows through ``section'', and inserting ``to carry out
this section $5,000,000 for fiscal year 2000, $5,000,000 for
fiscal year 2001, and $5,000,000 for fiscal year 2002''; and
(2) in section 821, by striking ``not more than $10,000,000
for fiscal year 1997'' and inserting ``$10,000,000 for fiscal
year 2000, $10,000,000 for fiscal year 2001, and $10,000,000
for fiscal year 2002''.
SEC. 8203. COMMUNICATIONS ASSISTANCE.
The Communications Assistance for Law Enforcement Act (47 U.S.C.
1001 et seq.) is amended--
(1) in section 108(c)(3), by striking ``on or before
January 1, 1995'' and inserting ``before October 1, 2000'';
(2) in section 109--
(A) in subsection (a)--
(i) in the subsection heading, by striking
``JANUARY 1, 1995'' and inserting ``OCTOBER 1,
2000''; and
(ii) by striking ``January 1, 1995'' and
inserting ``October 1, 2000'';
(B) in subsection (b)--
(i) in the subsection heading, by striking
``JANUARY 1, 1995'' and inserting ``OCTOBER 1,
2000'';
(ii) in paragraph (1)--
(I) in the matter preceding
subparagraph (A) by striking ``January
1, 1995'' and inserting ``October 1,
2000''; and
(II) in subparagraph (J), by
striking ``January 1, 1995'' and
inserting ``October 1, 2000''; and
(iii) in paragraph (2), by striking
``January 1, 1995'' and inserting ``October 1,
2000''; and
(C) in subsection (d)--
(i) in the subsection heading, by striking
``JANUARY 1, 1995'' and inserting ``OCTOBER 1,
2000''; and
(ii) by striking ``January 1, 1995'' and
inserting ``October 1, 2000'';
(3) in section 110, by striking ``and 1998'' and inserting
``1998, 1999, and 2000''; and
(4) in section 111(b), by striking ``on the date that is 4
years after the date of enactment of this Act'' and inserting
``October 1, 2000''.
SEC. 8204. CRIMINAL ALIEN ASSISTANCE.
Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C.
1231(i)(5)) is amended by striking subparagraphs (A) through (F) and
inserting the following:
``(A) $800,000,000 for fiscal year 2000;
``(B) $850,000,000 for fiscal year 2001; and
``(C) $900,000,000 for fiscal year 2002.''.
SEC. 8205. VIOLENT CRIME REDUCTION TRUST FUND.
(a) In General.--Section 310001(b) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14211) is amended by striking
paragraphs (1) through (5) and inserting the following:
``(1) for fiscal year 2001, $6,025,000,000;
``(2) for fiscal year 2002, $6,169,000,000;
``(3) for fiscal year 2003, $6,316,000,000;
``(4) for fiscal year 2004, $6,458,000,000; and
``(5) for fiscal year 2005, $6,616,000,000.''.
(b) Discretionary Limits.--Title XXXI of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14211 et seq.) is amended by
inserting after section 310001 the following:
``SEC. 310002. DISCRETIONARY LIMITS.
``(a) Discretionary Limits.--For the purposes of allocations made
for the discretionary category pursuant to section 302(a) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)), the term
`discretionary spending limit' means--
``(1) with respect to fiscal year 2001--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Budget Committee; and
``(B) for the violent crime reduction category:
$6,025,000,000 in new budget authority and
$5,718,000,000 in outlays;
``(2) with respect to fiscal year 2002--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Budget Committee; and
``(B) for the violent crime reduction category:
$6,169,000,000 in new budget authority and
$6,020,000,000 in outlays; and
``(3) with respect to fiscal year 2003--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Budget Committee; and
``(B) for the violent crime reduction category:
$6,316,000,000 in new budget authority and
$6,161,000,000 in outlays;
``(4) with respect to fiscal year 2004--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Budget Committee; and
``(B) for the violent crime reduction category:
$6,458,000 in new budget authority and $6,303,000,000
in outlays; and
``(5) with respect to fiscal year 2005--
``(A) for the discretionary category, amounts of
budget authority and outlays necessary to adjust the
discretionary spending limits to reflect the changes in
subparagraph (B) as determined by the Chairman of the
Budget Committee; and
``(B) for the violent crime reduction category:
$6,616,000 in new budget authority and $6,452,000,000
in outlays;
as adjusted in accordance with section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) and section
314 of the Congressional Budget Act of 1974.''.
``(b) Point of Order in the Senate.--
``(1) In general.--Except as provided in paragraph (2), it
shall not be in order in the Senate to consider--
``(A) any concurrent resolution on the budget for
any of the fiscal years 2001 through 2005 (or
amendment, motion, or conference report on such a
resolution) that provides discretionary spending in
excess of the discretionary spending limit or limits
for such fiscal year; or
``(B) any bill or resolution (or amendment, motion,
or conference report on such bill or resolution) for
any of the fiscal years 2001 through 2005 that would
cause any of the limits in this section (or
suballocations of the discretionary limits made under
section 302(b) of the Congressional Budget Act of 1974
(2 U.S.C. 633(b))) to be exceeded.
``(2) Exception.--This section shall not apply if a
declaration of war by Congress is in effect or if a joint
resolution under section 258 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 907a) has been
enacted.
``(c) Waiver.--This section may be waived or suspended in the
Senate only by an affirmative vote of three-fifths of the members of
the Senate, duly chosen and sworn.
``(d) Appeals.--
``(1) Time.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the concurrent
resolution, bill, or joint resolution, as the case may be.
``(2) Vote to sustain appeal.--An affirmative vote of
three-fifths of the members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal of
the ruling of the Chair on a point of order raised under this
subsection.
``(e) Determination of Budget Levels.--For purposes of this
section, the levels of new budget authority, outlays, new entitlement
authority, revenues, and deficits for a fiscal year shall be determined
on the basis of estimates made by the Committee on the Budget of the
Senate.''.
Subtitle C--Permanent Enabling Provisions
SEC. 8301. PERMANENT AUTHORITY.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530C. Authority to use available funds
``(a) In General.--Except to the extent provided otherwise by law
applicable to funds available to carry out the activities of the
Department of Justice (including, without limitation, any bureau,
office, board, division, commission, subdivision, unit, or other
component thereof) and in addition to authority provided in subsections
(a) and (b) of section 524, or any other provision of law consistent
herewith, including, without limitation, Public Law 96-132 (93 Stat.
1040), section 102(b) of Public Law 102-395 (106 Stat. 1838), and
section 815(d) of Public Law 104-132 (110 Stat. 1315), the Attorney
General may use such funds as provided in subsection (b).
``(b) Permitted Uses.--
``(1) General permitted uses.--Such funds may be used for
the following:
``(A) The purchase, lease, maintenance, and
operation of passenger motor vehicles, or police-type
motor vehicles for law enforcement purposes, without
regard to general purchase price limitation for the
then current fiscal year.
``(B) The purchase of insurance for motor vehicles,
boats, and aircraft operated in official Government
business in foreign countries.
``(C) Services of experts and consultants,
including private counsel, as authorized by section
3109 of title 5, and at rates of pay for individuals
not to exceed the maximum daily rate payable from time
to time under section 5332 of title 5.
``(D) Official receptions and representation
expenses (i.e., official expenses of a social nature
intended in whole or in predominant part to promote
goodwill toward the Department or its missions; not
including expenses of tours, open to the public, of
departmental facilities), in accordance with
distributions, procedures, and regulations established
or issued by the Attorney General.
``(E) Unforeseen emergencies of a confidential
character, to be expended under the direction of the
Attorney General and accounted for solely on the
certificate of the Attorney General.
``(F) Miscellaneous and emergency expenses
authorized or approved by the Attorney General, the
Deputy Attorney General, the Associate Attorney
General, or the Assistant Attorney General for
Administration.
``(G) In accordance with procedures established and
regulations issued by the Attorney General--
``(i) attendance at meetings and seminars;
``(ii) conferences and training; and
``(iii) advances of public moneys under
section 3324 of title 31: provided, That travel
advances of such moneys to law enforcement
personnel engaged in undercover activity shall
be considered to be public money for purposes
of section 3527 of title 31.
``(H) For the conduct of its activities, including
for contracting with individuals for personal services
abroad, except that such individuals shall not be
regarded as employees of the United States for the
purpose of any law administered by the Office of
Personnel Management.
``(I) Payment of interpreters and translators who
are not citizens of the United States, in accordance
with procedures established and regulations issued by
the Attorney General.
``(J) For the payment of rewards, for the purchase
of evidence, and for payment for information in
connection with law enforcement.
``(K) For expenses or allowances for uniforms as
authorized by section 5901 of title 5 but without
regard to the general purchase price limitation for the
then current fiscal year.
``(L)(i) With respect to dependents of employees of
the Department of Justice stationed outside the
continental United States, expenses of--
``(I) primary and secondary schooling for
such dependents, at a cost not to exceed that
authorized by the Department of Defense for the
same area, upon a determination by the Attorney
General that schools serving the locality are
unable to provide adequately for their
education;
``(II) transportation of such dependents
between their places of residence and the
primary and secondary schools serving the
locality that they normally would attend, upon
a determination by the Attorney General that
such schools are not accessible by adequate
public means of transportation; and
``(III) transitional and other language and
cultural training or education for such
dependents, upon a determination by the
Attorney General that training or education are
necessary for employee welfare and adequate
nondepartmental facilities are unavailable;
``(ii) All expenses under clause (i) shall be
treated as payments under section 5924(4) of title 5
for purposes of calculating other Federal benefits,
entitlements, and taxes.
``(M) Health care program expenses for, and travel
and related expenses of, employees of the Department of
Justice serving abroad and their families, to be
payable in the same manner as applicable to the members
of the Foreign Service and their families under
sections 904 and 901 of the Foreign Service Act of 1980
(22 U.S.C. 4084, 4081) and the regulations issued by
the Secretary of State.
``(2) Specific permitted uses.--
``(A) Aircraft and boats.--Funds available for
United States Attorneys, for the Federal Bureau of
Investigation, for the United States Marshals Service,
for the Drug Enforcement Administration, and for the
Immigration and Naturalization Service may be used for
the purchase, lease, maintenance, and operation of
aircraft and boats, for law enforcement purposes.
``(B) Purchase of ammunition and firearms; firearms
competitions.--Funds available for United States
Attorneys, for the Federal Bureau of Investigation, for the United
States Marshals Service, for the Drug Enforcement Administration, for
the Federal Prison System, for the Office of the Inspector General, and
for the Immigration and Naturalization Service may be used for--
``(i) the purchase of ammunition and
firearms; and
``(ii) participation in firearms
competitions.
``(C) Construction.--
``(i) In general.--Funds available for
construction may be used for expenses of
planning, designing, acquiring, building,
constructing, renovating, converting,
expanding, extending, remodeling, equipping,
repairing, or maintaining buildings or
facilities, including the expenses of
acquisition of sites for the buildings and
facilities, and all necessary expenses incident
or related thereto.
``(ii) Intent.--It is not the intent of
clause (i) that funds generally available for
salaries and expenses are not also available
for certain construction, remodeling,
maintenance, and other related construction
costs.
``(3) Subsistence and medical expenses of persons in the
custody of the united states marshals service.--
``(A) In general.--Funds available for Federal
Prisoner Detention may be used to acquire subsistence
and medical care for persons in the custody of the
United States Marshals Service at fair and reasonable
prices.
``(B) Costs.--Without specific authorization from
the Attorney General, the expenses incurred in the
provision of such care shall not exceed the costs and
expenses charged in the provision of similar health
care services paid pursuant to the medicare program
under title XVIII of the Social Security Act or the
medicaid program under title XIX of such Act.
``(4) Fees and expenses of witnesses.--Funds available for
Fees and Expenses of Witnesses may be used for expenses,
mileage, compensation, and per diem in lieu of subsistence, of
witnesses (including, without limitation, advances of public
money) as authorized by section 1821 or other law, but no
witness may be paid more than 1 attendance fee for any 1
calendar day.
``(5) Federal bureau of investigation.--
``(A) In general.--The Federal Bureau of
Investigation may establish and collect fees to process
fingerprint identification records and name checks for
noncriminal justice, nonlaw enforcement employment and
licensing purposes, and for certain employees of
private sector contractors with classified government
contracts.
``(B) Crediting.--Fees collected under subparagraph
(A) shall be credited to the Salaries and Expenses,
Federal Bureau of Investigation, appropriation, without
regard to section 3302(b) of title 31 and, to the
extent specified in appropriations Acts, shall be
available until expended for salaries and other
expenses incurred in processing such records.
``(C) Limitation.--No fee shall be assessed in
connection with the processing of requests for criminal
history records by criminal justice agencies for
criminal justice purposes or for employment in criminal
justice agencies or in connection with a background
check under section 922(t) of title 18.
``(6) Immigration and naturalization service.--Funds
available for the Immigration and Naturalization Service may be
used for--
``(A) acquisition of land as sites for enforcement
fences, and construction incidental to such fences;
``(B) cash advances to aliens for meals and lodging
en route;
``(C) refunds of maintenance bills, immigration
fines, and other items properly returnable, except
deposits of aliens who become public charges and
deposits to secure payment of fines and passage money;
and
``(D) expenses and allowances incurred in tracking
lost persons, as required by public exigencies, in aid
of State or local law enforcement agencies.
``(7) Federal prison system.--Funds available for the
Federal prison system may be used for--
``(A) inmate medical services and inmate legal
services, within the Federal Prison System;
``(B) the purchase and exchange of farm products
and livestock;
``(C) the acquisition of land as authorized by this
section and section 4010 of title 18; and
``(D) the construction of buildings and facilities
for penal and correctional institutions (including,
without limitation, prison camps), by contract or force
account, including, without limitation, the payment of
United States prisoners for their work performed in any
such construction.
``(b) Related Provisions.--
``(1) Limitation of compensation of individuals employed as
attorneys.--None of the funds available to the Attorney General
may be used to pay compensation for services provided by an
individual employed as an attorney (other than an individual
employed to provide services as a foreign attorney in special
cases) unless such individual is duly licensed and authorized
to practice as an attorney under the law of a State, a
territory of the United States, or the District of Columbia.
``(2) Reimbursements paid to governmental entities.--Funds
available to the Attorney General that are paid as
reimbursement to a governmental unit of the Department of
Justice, to another Federal entity, or to a unit of State or
local government may be used under authorities available to the
unit or entity receiving such reimbursement.''.
(b) Conforming Amendment.--The analysis for chapter 31 of title 28,
United States Code, is amended by adding at the end the following:
``530C. Authority to use available funds.''.
SEC. 8302. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS.
(a) In General.--Chapter 31 of title 28, United States Code (as
amended by section 8301) is amended by adding at the end the following:
``Sec. 530D. Report on enforcement of laws
``(a) Report.--
``(1) In general.--The Attorney General shall submit to
Congress a report in any instance in which the Attorney General
or any other officer of the Department of Justice--
``(A) establishes or adopts a policy to refrain
from enforcing any provision of any Federal statute the
enforcement or administration of which is within the
responsibility of the officer, because of the officer's
opinion (or that of the President) that the provision
is not constitutional; or
``(B) determines to contest, or to refrain from
defending or asserting, in any judicial,
administrative, or other proceeding, any provision of
any Federal statute, or not to appeal any judicial,
administrative, or other determination affecting the
constitutionality of any such provision, because of the
officer's opinion (or that of the President) that the
provision is not constitutional.
``(2) Submission to congress.--For the purposes of
paragraph (1), a report shall be considered to be submitted to
Congress if the report is submitted to--
``(A) the majority leader and minority leader of
the Senate;
``(B) the Speaker, majority leader, and minority
leader of the House of Representatives;
``(C) the chairman and ranking minority member of
the committee in each House of Congress having
oversight jurisdiction over the department, agency, or
establishment in which a policy described in subsection
(a)(1) was established or adopted, or a determination
described in subsection (a)(2) was made; and
``(D) the Senate Legal Counsel and the General
Counsel of the House of Representatives.
``(b) Deadline.--A report under subsection (a) shall be submitted
within such time as will reasonably enable each House of Congress to
take action to intervene in timely fashion in any proceeding specified
in subsection (a)(2), but in no event later than 30 days after the
establishment or adoption of a policy described in subsection (a)(1) or
a determination described in subsection (a)(2).
``(c) Contents.--A report under subsection (a) shall--
``(1) specify the provision of the Federal statute involved
and the date of the establishment or adoption of the policy
described in subsection (a)(1) or of the determination
described in subsection (a)(2);
``(2) include a complete and detailed statement of the
reasons for the policy or determination; and
``(3) in the case of a determination described in
subsection (a)(2), indicate the nature, tribunal, identifying
information, and status of the proceeding.
``(d) Declaration.--In the case of a determination described in
subsection (a)(2), the representative of the United States
participating in the proceeding shall make a clear declaration in the
proceeding that any opinion expressed as to the constitutionality of
the provision involved is the opinion of the executive branch of the
Federal Government (or, as applicable, of the department, agency, or
establishment).
``(e) Applicability to Other Department, Agencies, and
Establishments.--The reporting, declaration, and other provisions of
this section relating to the Attorney General and other officers of the
Department of Justice shall apply to the head of any Federal
department, agency, or establishment authorized to conduct litigation
on behalf of the United States, and to the officers of the department,
agency, or establishment.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 31 of title 28, United States
Code (as amended by section 301), is amended by adding at the
end the following:
``530D. Report on enforcement of laws.''.
(2) Public Law 95-521 (92 Stat. 1883) is amended by
striking subsection (b).
(3)(A) Not later than 180 days after the date of enactment
of this Act, the Attorney General (and the head of each Federal
department, agency, or establishment authorized to conduct
litigation) shall submit to Congress a report (in accordance
with subsections (a), (c), and (e) of section 530D of title 28,
United States Code (as added by subsection (a))), on--
(i) all policies described in subsection (a)(1) of
that section that were established or adopted before
that date of enactment and were in effect on that date;
and
(ii) all determinations described in subsection
(a)(2) of that section that were made before that date
and were in effect on that date.
(B) If any of the determinations described in subparagraph
(A)(ii) relates to any judicial, administrative, or other
proceeding that is pending on the date specified in
subparagraph (A), with respect to any such determination the
report required by this paragraph shall be submitted within
such time as will reasonably enable each House to take action
to intervene in timely fashion in the proceeding, but in no
event later than 30 days after that date.
SEC. 8303. NOTIFICATIONS ON USE OF FUNDS.
During any fiscal year for which appropriations are authorized by
this Act (either directly, through incorporation by reference, or
otherwise), any reprogramming or transfer notice required by the terms
of the applicable appropriations Act to be given to any Appropriations
Committee of either House of Congress shall also be required to be
given, under the same terms, to the Committee on the Judiciary of each
House of Congress.
SEC. 8304. MISCELLANEOUS USE PROVISIONS.
(a) The Economic Opportunities Act of 1964 (Public Law 88-452) is
amended in section 1006 by replacing ``referendums'' with ``referenda,
or any legislation'' in paragraph (d)(4) and by inserting ``upon prior
identification, by name, of each class member, and '' after ``except''
in paragraph (d)(5), and in section 1002, by adding at the end the
following:
``(9) `political activity' includes any activity designed
or intended to contest or challenge before any tribunal the
constitutionality of any statute or regulation.''.
(b) Section 510 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (Public Law 90-351) is amended by adding at the end
the following:
``(d) Nongovernmental Entities.--No grants or contracts under
subsection (b) may be made, entered into, or used, directly or
indirectly, to provide security enhancements or equipment to any
nongovernmental entity.''.
(c) Section 1913 of title 18, United States Code, is amended by
adding ``or any other legislative body'' after ``Congress'' the third
and sixth time it appears, by striking ``by Congress'' the second time
it appears, by replacing ``appropriation;'' with ``appropriation, or
intended or designed in any manner to influence, favor, or oppose any
ballot measure, initiative, or referendum, whether before or after the
same may be put on the ballot;'', and by replacing ``Member of
Congress'' with ``such Members''.
(d) Title 5 of section 101(b) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277, 112 Stat. 2681-107) is amended in the matter
immediately under thirteenth heading by inserting ``or any future''
after ``in this'' both times it appears, and by replacing ``to 1998 and
1999'' with ``, in any given fiscal year, to the last fiscal year and
the current fiscal year''.
SEC. 8305. TECHNICAL AMENDMENT; AUTHORITY TO TRANSFER PROPERTY OF
MARGINAL VALUE.
Section 524 of title 28, United States Code, is amended--
(1) in subsection (b)(5), by inserting a comma after
``Fund'' the second place it appears; and
(2) in subsection (c)(9)(B)--
(A) by striking ``year 1997'' and inserting ``years
1999 and 2000''; and
(B) by adding at the end the following: ``Such a
transfer shall be subject to satisfaction by the
recipient involved of any outstanding lien against the
property transferred.''.
SEC. 8306. PROTECTION OF THE ATTORNEY GENERAL.
Section 533(2) of title 28, United States Code, is amended by
inserting ``or the person of the Attorney General'' before the
semicolon at the end.
SEC. 8307. EXTENDED ASSIGNMENT ALLOWANCE.
(a) In General.--Effective with the enactment of this Act and in
any fiscal year that begins after the date of enactment of that Act, in
compliance with policies established or regulations issued by the
Attorney General and the Secretary of the Treasury for their respective
agencies, the Department of Justice and the Department of the Treasury,
respectively, may pay an extended assignment allowance or bonus to any
individual assigned to a permanent position located in the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or
the territories and possessions of the United States, when the Attorney
General or the Secretary of the Treasury, as to his respective agency,
determines that the position is difficult to fill and that it is in the
interests of the pertinent Department to encourage an incumbent
employee to remain in his position.
(b) Limitation.--In any calendar year, no allowance or bonus under
subsection (a) may exceed $25,000 or 25 percent of an employee's basic
pay, whichever is greater.
(c) Discretionary Action.--The amount of any allowance or bonus to
be offered under subsection (a), whether to offer an allowance or
bonus, and whether to offer payment in the form of an allowance or a
bonus shall be solely within the discretion of the Attorney General or
the Secretary of the Treasury, as appropriate, and shall not be
reviewable or subject to appeal in or before any court or other
tribunal.
(d) Decision Not To Offer.--A decision not to offer an employee an
allowance or bonus shall not constitute an adverse action and shall not
be reviewable or subject to appeal in or before any court or other
tribunal.
(e) Not Part of Pay.--An allowance or bonus under subsection (a)
shall not be considered to be a part of the pay or basic pay of an
employee in the calculation of any entitlement or benefit (including
but not limited to overtime, retirement, and lump-sum leave payments),
but shall be considered a bonus under section 5307(a)(1) of title 5,
United States Code, for purposes of applying the limitation on
aggregate payments.
SEC. 8308. LIMITATION ON USE OF FUNDS.
a) In General.--No funds available to the Attorney General in any
fiscal year shall be used to require any person to perform, or
facilitate in any way the performance of, any abortion.
(b) Escort Services.--Nothing in this section shall be construed to
forbid the use of such funds for the provision of escort services
necessary for a female inmate in a Bureau of Prisons facility to obtain
an abortion outside the facility.
Subtitle D--Miscellaneous
SEC. 8401. REPEALERS.
(a) Open-Ended Authorization of Appropriations for National
Institute of Corrections.--Chapter 319 of title 18, United States Code,
is amended--
(1) by striking section 4353; and
(2) in the analysis for the chapter, by striking the item
relating to section 4353.
(b) Open-Ended Authorization of Appropriations for United States
Marshals Service.--Section 561 of title 28, United States Code, is
amended by striking subsection (i).
SEC. 8402. TECHNICAL AMENDMENT.
(a) Section 4013 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``the support of United States
prisoners'' and inserting ``Federal prisoner
detention'';
(B) in paragraph (2), by adding ``and'' after
``hire;'';
(C) in paragraph (3), by striking ``entities; and''
and inserting ``entities.''; and
(D) in paragraph (4), by inserting ``The Attorney
General, in support of United States prisoners in non-
Federal institutions, is authorized to make payments,
from funds appropriated for State and local law
enforcement assistance, for'' before ``entering''; and
(2) by redesignating--
(A) subsection (b) as subsection (c);
(B) subsection (a)(4) as subsection (b); and
(C) subparagraphs (A), (B), and (C) of subsection
(a)(4) as paragraphs (1), (2), and (3) of subsection
(b).
(b) Section 209(a) of title 18, United States Code, is amended by
adding a comma after ``supplements''.
(c) Section 535 of title 28, United States Code, is amended--
(1) in subsection (a), by inserting ``, other than chapter
40;'' after ``law'';
(2) in subsections (a) and (b), by replacing ``title 18''
with ``Federal criminal law'';
(3) in subsection (b), by replacing ``or complaint'' with
``matter, or complaint witnessed, discovered, or'' and by
inserting ``or the witness, discoverer, or recipient, as
appropriate,'' after ``agency,''; and
(4) in subsection (b)(1), by inserting ``, in which event
the report shall be made to such responsible party'' after
``law''.
SEC. 8403. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title modifies
or supersedes the application or operation of the Public Buildings Act
of 1959 (40 U.S.C. 601 et seq.).
SEC. 8404. COUNTERTERRORISM FUND AMENDMENTS.
(a) Counterterrorism Fund.--The matter under the heading
``counterterrorism fund'' in chapter I of title III of Public Law 104-
19 (109 Stat. 249; 28 U.S.C. 524 note) is amended to read as follows:
``(a) Establishment.--There is established in the Treasury of the
United States a separate fund to be known as the `Counterterrorism
Fund', amounts in which shall remain available without fiscal year
limitation.
``(b) Use.--Amounts in the Counterterrorism Fund shall be used--
``(1) to reimburse any Department of Justice component for
costs incurred in connection with--
(A) reestablishing the operational capability of an
office or facility that has been damaged or destroyed
as the result of any domestic or international
terrorism event;
(B) engaging in, or providing support to,
countering, investigating, or prosecuting domestic or
international terrorism, including, without limitation,
paying rewards in connection with these activities; and
(C) conducting terrorism threat assessments of
Federal agencies and the facilities of Federal
agencies; and
``(2) to reimburse departments and agencies of the Federal
Government for any costs incurred in connection with--
``(A) counterterrorism technology research and
development; and
``(B) providing training and related equipment to
State and local law enforcement agencies for prevention
and response capabilities against bombs and against
chemical, biological, nuclear, and cyber attack.
``(c) Reprogramming Procedures.--For any fiscal year, amounts in
the Fund shall not be available for reimbursement under subsection
(b)(1) except in accordance with the reprogramming procedures
applicable to general Department of Justice appropriations for that
year.''.
(b) No Effect on Prior Appropriations.--The amendment made by
subsection (a) does not affect the amount or availability of any
appropriation to the Counterterrorism Fund made before the date of
enactment of this Act.
SEC. 8405. USE OF GOVERNMENT VEHICLES.
(a) In General.--Section 4(a) of the Act of May 14, 1947 (61 Stat.
86) is amended in the second sentence--
(1) by striking ``the use of the employer's vehicle is
subject'' and inserting ``the use (including driving) of the
employer's vehicle either is subject''; and
(2) by striking the period at the end and inserting `` or,
notwithstanding subsection (b), is required or permitted by the
employer under section 1344 of title 31.''.
(b) Effective Date; Applicability.--The amendment made by
subsection (a)--
(1) takes effect on the date of enactment of this Act; and
(2) shall apply to any civil action pending on that date
and to any civil action brought after that date.
SEC. 8406. CLARIFICATION OF LITIGATION AUTHORITY OF ATTORNEY GENERAL.
Section 107(e) of Public Law 103-3 (107 Stat. 17) is amended by
striking ``The'' and inserting ``With the express permission of and
under the direction and authority of the Attorney General, the''.
SEC. 8407. OVERSIGHT; WASTE, FRAUD, AND ABUSE.
(a) Not later than February 1 of each year, the Attorney General
shall provide to the Judiciary and Appropriations Committees of each
House of the Congress--
(1) a report identifying and describing every grant,
cooperative agreement, or services contract that was made,
entered into, awarded, or extended, in the immediately
preceding fiscal year, by the Office of Justice Programs
(including, without limitation, any component or unit thereof),
and including, without limitation, for each such grant,
agreement, or contract: the term, the dollar amount or value,
the purpose or purposes, the names of all parties (including,
without limitation, any subgrantees or subcontractors), and the
name of the contracting officer; and
(2) a performance review of every grant, cooperative
agreement, or services contract made, entered into, awarded, or
extended by the Office of Justice Programs (including, without
limitation, any component or unit thereof) that was terminated
or otherwise ended in the immediately preceding fiscal year,
and including, without limitation, for each such grant,
agreement, or contract: a complete and detailed description of
how the appropriated funds involved actually were spent,
complete and detailed statistics relating to its performance,
purpose or purposes, and effectiveness, and a sworn certificate
by each grantee, contractor, subcontractor, or subgrantee
that--
(A) the appropriated funds were spent for such
purpose or purposes, and only such purpose or purposes;
(B) the terms of the grant, agreement, or contract
were complied with; and
(C) all documentation necessary for conducting a
full and proper audit under generally accepted
accounting principles, and any (additional)
documentation that may have been required under the
grant, agreement, or contract, have been kept in
orderly fashion and will be retained for not less than
3 years from the date of such termination or end.
(b) Section 1005 of the Legal Services Corporation Act (Public Law
93-355) is amended by adding at the end the following:
``(h) Waste, Fraud, and Abuse.--With respect to any appropriated
funds available to the Corporation--
``(1) for purposes of sections 286, 287, 666, 1001, 1002,
and 1913 of title 18, United States Code, the Corporation shall
be considered to be a department or agency of the United States
Government;
``(2) for purposes of sections 3729 through 3733 of title
31, United States Code, the term `United States Government'
shall include, without limitation, the Corporation;
``(3) applicants for financial assistance from the
Corporation shall file applications supported by written
declarations pursuant to section 1746 of title 28, United
States Code, and such declarations shall be subject to sections
1621 and 1622 of title 18 of such Code;
``(4) for purposes of section 1516 of title 18, United
States Code--
``(A) the term `Federal auditor' shall include,
without limitation, any auditor employed or retained on
a contractual basis by the Corporation;
``(B) the term `contract' shall include, without
limitation, any grant, contract, or cooperative
agreement made by the Corporation; and
``(C) the term `person', as used in subsection (a)
of such section, shall include, without limitation, any
party receiving financial assistance under paragraphs
1006(a) (1) or (3) of this Act; and
``(5) funds provided by the Corporation pursuant to section
1006 of this Act shall be deemed to be Federal appropriations
when used or in use by any contractor, grantee, subcontractor,
or subgrantee of the Corporation, and shall be deemed to be
benefits under a Federal program involving a grant, contract,
subsidy, loan, guarantee, insurance, or other form of Federal
assistance within the meaning of section 666 of title 18,
United States Code.
``(i) Audits.--The Comptroller General annually shall conduct an
audit of the Corporation and shall, not later than December 1 of each
year, report the results thereof to the Congress and the Attorney
General.''.
SEC. 8408. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF JUSTICE.
(a) Assistant Attorney General as Chief Financial Officer.--Section
507 of title 28, United States Code, is amended by adding at the end
the following:
``(c) Department of Justice.--The Assistant Attorney General for
Administration shall be the Chief Financial Officer for the Department
of Justice and exercise the authority and functions under section 902
of title 31 relating to that Department.''.
(b) Termination of Existing Chief Financial Officer.--Section
901(b)(1) of title 31, United States Code, is amended--
(1) by striking subparagraph (I); and
(2) by redesignating subparagraphs (J) through (P) as
subparagraphs (I) through (O), respectively.
(c) Executive Level IV Position.--Section 5315 of title 5, United
States Code, is amended by striking the following:
``Chief Financial Officer, Department of Justice.''.
(d) Effective Date.--This section shall take effect 30 days after
the date of enactment of this Act.
TITLE IX--MISCELLANEOUS
SEC. 9101. CARRYING OF CONCEALED FIREARMS BY QUALIFIED CURRENT AND
FORMER LAW ENFORCEMENT OFFICERS.
(a) Exemption of Qualified Current and Former Law Enforcement
Officers From State Laws Prohibiting the Carrying of Concealed
Firearms.--
(1) 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) Definitions.--
``(1) 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) Firearm.--The term `firearm' means a firearm
that has traveled, or of which any component has
traveled, in interstate or foreign commerce.
``(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 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 precluded 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) Qualified law enforcement officer.--The term
`qualified law enforcement officer' means an individual
who--
``(i) is 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 precludes the
carrying of a firearm.
``(b) Right To Carry Concealed Firearm.--Notwithstanding any
provision of the law of any State or any political subdivision of a
State, an individual may carry a concealed firearm if the individual--
``(1) is a qualified law enforcement officer or a qualified
former law enforcement officer; and
``(2) is carrying appropriate written identification.
``(c) Effect on Other Laws.--
``(1) Common carriers.--Nothing in this section exempts
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 supersedes or
limits any Federal law (including a regulation) that prohibits
or restricts the possession of a firearm on any Federal
property, installation, building, base, or park.
``(3) State laws.--Nothing in this section supersedes or
limits any State law that--
``(A) grants a right to carry a concealed firearm
that is broader than the right granted under subsection
(b);
``(B) permits a private person or entity to
prohibit or restrict the possession of concealed
firearms on the property of the person or entity; or
``(C) prohibits or restricts the possession of a
firearm on any State or local government property,
installation, building, base, or park.''.
(2) Conforming amendment.--The 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.''.
(b) Authorization To Enter Into Interstate Compacts.--
(1) In general.--The consent of Congress is given to any 2
or more States--
(A) 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
(B) to establish agencies or guidelines as the
States may determine to be appropriate for making
effective such agreements and compacts.
(2) Reservation of rights.--Congress reserves the right to
alter, amend, or repeal this section.
SEC. 9102. EXEMPTION OF THE RETURN OF A PAWNED OR REPAIRED FIREARM FROM
THE REQUIREMENT THAT AN INSTANT CRIMINAL BACKGROUND CHECK
BE CONDUCTED IN CONNECTION WITH THE TRANSFER OF A
FIREARM.
Section 922(t)(1) of title 18, United States Code, is amended by
inserting ``(not including returning a firearm to a person from whom
the firearm was received)'' before ``to any other person''.
SEC. 9103. FUNDING OF NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.
(a) Funding Authority.--The Attorney General shall annually provide
funding for the National Center for Rural Law Enforcement (referred to
in this section as the ``Center''), if the executive director of the
Center certifies, in writing, to the Attorney General that the Center--
(1) is incorporated in accordance with applicable State
law;
(2) is in compliance with the bylaws of the Center;
(3) will use amounts made available under this section in
accordance with subsection (b); and
(4) will not support any political party or candidate for
elective or appointed office.
(b) Use of Funds.--
(1) In general.--The Center shall use amounts made
available under this section for development of an educational
program for law enforcement agencies serving rural areas, and
the employees of those agencies, which shall include--
(A) the development and delivery of management
education and training, technical assistance, practical
research and evaluation, and computer and forensic
education and training for employees of law enforcement
agencies serving rural areas, tribal police and
railroad police, including supervisory and executive
managers of those agencies;
(B) the conduct of research into the causes and
prevention of criminal activity in rural areas;
(C) equitable educational opportunities;
(D) the development, promotion, and voluntary
adoption of national educational and training standards
and accreditation certification programs for law
enforcement agencies serving rural areas and the
employees of those agencies;
(E) the development and dissemination of
information designed to assist States and units of
local government in rural areas throughout the United
States;
(F) grants to, and contracts with, Federal, State,
and local governments, law enforcement agencies serving
rural areas, public and private agencies, educational
institutions, and other organizations and individuals
to carry out this subsection;
(G) the establishment and maintenance of a resource
and information center for the collection, preparation,
and dissemination of information on criminal justice
and law enforcement in rural areas, including programs
for the prevention of crime and recidivism;
(H) the delivery of assistance, in a consultative
capacity, to criminal justice agencies in the
development, establishment, maintenance, and
coordination of programs, facilities and services, training, and
research relating to crime in rural areas;
(I) assistance to Federal, State, and local
government programs and services for law enforcement
agencies in rural areas;
(J) the development of technical education and
training teams to aid in the development of seminars,
workshops, and education and training programs with
State and local agencies that work with law enforcement
agencies serving rural areas;
(K) conducting, encouraging, and coordinating
research relating to law enforcement and criminal
justice issues, including the causes, assessment,
evaluation, analysis, and prevention of criminal
activity;
(L) the formulation and recommendation of law
enforcement policies, goals, and standards in rural
areas applicable to criminal justice agencies,
organizations, institutions, and personnel; and
(M) coordination with institutions of higher
education for the purpose of encouraging programs of
study for law enforcement in rural areas at those
institutions.
(c) Powers.--In carrying out subsection (b), the Center may--
(1) apply for and make grants from or to and enter into
contracts or cooperative agreements with Federal, State, and
local governments, public or private institutions,
organizations, entities, and individuals necessary or
convenient to the exercise of the functions or powers conferred
explicitly or implicitly by this section;
(2) arrange, as permitted by law, for the loan, assistance,
or use of facilities or equipment or personnel from Federal
agencies, departments, or other entities on a reimbursable or
nonreimbursable basis; and
(3) procure the services of experts and consultants in a
manner similar to section 3109 of title 5, United States Code,
at rates of compensation established by the board of directors
of the Center, not to exceed the daily equivalent of the
maximum rate of pay payable for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
(d) Selection and Transfer of Surplus Property.--For purposes of
the selection and transfer of surplus property under section 203(j) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(j)), the Center shall be treated as a State agency (as designated
under State law in accordance with section 203(j)(1) of that Act).
(e) Reimbursement of Travel Cost.--For purposes of official travel,
costs shall be reimbursed in accordance with part 300-1 of title 41,
Code of Federal Regulations (or any successor regulation) and other
statutory requirements and executive policy applicable for travel by
Federal civilian employees and other persons authorized to travel at
Government expense.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $22,000,000 for fiscal year 2000; and
(2) such sums as are necessary for fiscal years 2001
through 2005.
SEC. 9104. CENTER FOR DOMESTIC PREPAREDNESS FOR ACTS OF TERRORISM.
(a)(1) In General.--The Attorney General shall, subject to the
availability of appropriations, fund the Department of Justice Center
for Domestic Preparedness.
(2) Purposes.--Funds provided pursuant to this section shall be for
the following purposes:
(A) the development, delivery, and sustainment of domestic
preparedness training programs for State and local first
responders;
(B) the acquisition of facilities and equipping for
necessary training and support operations;
(C) the establishment of a seaport first responder training
facility; and
(D) necessary administrative expenses.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $33,000,000 for each of fiscal years 2000 through 2004 to
carry out subsection (a).
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