[Congressional Record Volume 143, Number 4 (Tuesday, January 21, 1997)]
[Senate]
[Pages S190-S221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Lott, Mr. Abraham, Mr. Allard, Mr. 
        Ashcroft, Mr. Craig, Mr. D'Amato, Mr. DeWine, Mr. Domenici, Mr. 
        Enzi, Mr. Faircloth, Mr. Gorton, Mr. Grams, Mr. Grassley, Mr. 
        Hagel, Mr. Helms, Mr. Hutchinson, Mr. Kyl, Mr. Murkowski, Mr. 
        Nickles, Mr. Roberts, Mr. Smith, Mr. Thomas, Mr. Thurmond, Mr. 
        Warner, and Mr. Coverdell):
  S. 3. A bill to provide for fair and accurate criminal trials, reduce 
violent juvenile crime, promote accountability by juvenile criminals, 
punish and deter violent gang crime, reduce the fiscal burden imposed 
by criminal alien prisoners, promote safe citizen self-defense, combat 
the importation, production, sale, and use of illegal drugs, and for 
other purposes; to the Committee on the Judiciary.


                 the omnibus crime control act of 1997

  Mr. HATCH. Mr. President, this is a very important bill. We know 
juvenile crime is on the increase. Gang violence is on the increase. 
This bill would take care of both of those problems, and it does it in 
an intelligent, official, and decent way. I hope that our colleagues on 
the other side will look at it carefully. We will certainly work with 
them and with Senator Biden and others on the Judiciary Committee to 
try and make sure that we do the best we can.
  This is an excellent bill. It would make immediate inroads into the 
problems of juvenile violence and crime and gang violence. I hope all 
of our colleagues will get behind this and support it.
  Mr. President, this is a very important omnibus crime bill if we want 
to do something about crime in this society. In addition to what we 
have done in the past, this is an excellent Republican alternative to 
the violent crime that we have in the streets, the drugs permeating our 
society, and, of course, the many other difficulties that are literally 
making our society a less wonderful society to live in.
  Mr. President, I ask unanimous consent that the remainder of my 
remarks be printed in the Record at this point.
  There being no objection, the remarks were ordered to be printed in 
the Record, as follows:

       Mr. President, I rise today along with the distinguished 
     Majority Leader and other Republicans to introduce S. 3, the 
     Hatch-Lott Omnibus Crime Control Act of 1997 and S. 10, the 
     Hatch-Sessions Violent and Repeat Juvenile Offender Act of 
     1997. Together, these two bills build on the successful 
     Republican 104th Congress, in which we passed habeas corpus 
     reform, truth-in-sentencing reform, prison litigation reform, 
     federal mandatory victim restitution, and the toughest 
     antiterrorism law in our nation's history. These initiatives 
     continue the Republican commitment to enacting the kind of 
     serious laws that the American people want, that the American 
     people need, and that the American people deserve to continue 
     the fight against crime, and in particular, crime committed 
     by violent youths.
       Each year, our nation's violent crime problem tops the list 
     of concerns for the American people, and their concerns are 
     valid. According to the Uniform Crime Reports, recently 
     published by the FBI, there was virtually no change in 
     violent crime between 1994 and 1995. In fact, on average, one 
     violent crime is committed every 18 seconds in this country.
       This crisis is not limited to our major cities. In my home 
     state of Utah, the number of violent crimes per 100,000 
     persons increased by eight percent in 1995, while the rate 
     decreased by 12.8 percent in New York City that same year. In 
     Utah, reported violent crimes increased by more than 10 
     percent, from 5,810 in 1994, to 6,415 in 1995. Property 
     crimes in Utah increased by 17.9 percent, and murder by a 
     depressing 35.7 percent during the same time period. Mr. 
     President, we need to do something to curb this wave of 
     violent crime affecting my State of Utah and every other 
     State and community across America. The bill we introduce 
     today will help law enforcement stem this tide of crime.
       This legislation attacks the nations crime problem on many 
     fronts including: Initiatives to revive the faltering war on 
     drugs; stepping up the fight on terrorism; strengthening 
     juvenile justice reform; increasing personal security; 
     encouraging sensible prison reform; continuing the fight 
     against child pornography; improving criminal justice reform; 
     and continuing support for the successful Violence Against 
     Women Act.


                       REVIVING THE WAR ON DRUGS

       This bill takes several steps toward reviving the war on 
     drugs. First, it enhances drug penalties for drug 
     traffickers. Republicans want to ensure that large-scale drug 
     traffickers face punishment that is commensurate with the 
     harm they inflict on society. Second, the bill addresses the 
     increasing menace of street level drug traffickers. This bill 
     lowers the quantity of cocaine in powder form that triggers 
     the mandatory minimums under title 21. It also creates 
     mandatory minimum penalties for methamphetamine traffickers 
     and dealers.
       S. 3 also makes a strong statement about the nation's new 
     problem with drug legalization. California and Arizona 
     recently passed initiatives legalizing marijuana for 
     medicinal purposes. But there is no legitimate medicinal use 
     for marijuana, and the use of marijuana and other Schedule I 
     drugs still violates federal law. In order to discourage the 
     medical community from violating federal drug laws, S. 3 
     requires that HMO's and other recipients of federal Medicare 
     and Medicaid funds certify that none of their participating 
     physicians prescribed marijuana or other Schedule I 
     controlled substances for medical purposes. This bill also 
     combats recent lax attitudes toward drug use by education. 
     This bill requires that the FCC encourage public service 
     programs to emphasize the importance of anti-drug abuse 
     announcements and attack the pro-legalization movement. This 
     bill will also reauthorize the Drug Czar with an emphasis 
     on enforcement, prevention, interdiction and effective 
     treatment for juveniles who use drugs.


                           fighting terrorism

       This legislation toughens the anti-terrorism initiatives 
     that the Republican 104th Congress enacted. It demands 
     bombing laws to ensure that all uses of a bomb to commit 
     murder can be punished capitally. This bill also establishes 
     a National Commission on Terrorism to examine a long-term 
     strategy against terrorism. This legislation also makes it a 
     federal offense to stockpile chemical weapons, and it 
     tightens restrictions on human pathogens. This bill also 
     makes it a federal offense to murder, or attempt to murder, 
     athletes, guests, and spectators at Olympic games, and 
     centralizes in the Attorney General federal authority for 
     their security.

[[Page S191]]

                        juvenile justice reform

       The youth violence bill will ensure that violent and repeat 
     juvenile offenders are treated as adults by authorizing US 
     Attorneys to prosecute 14-year-olds for any federal felony 
     that is a crime of violence or a serious drug trafficking 
     offense. This legislation also confines juveniles prosecuted 
     in the federal system for the length of their sentence. New 
     federal penalties for offenses committed by criminal street 
     gangs will create a sustained effort to target violent youth 
     gang activity. Federal prosecutors will be able to charge 
     gang leaders or members under this bill if they engage in two 
     or more criminal gang offenses. It will also be a crime to 
     recruit someone into a gang, or solicit their participation 
     in a gang crime.
       This legislation also will reform federal aid to State 
     youth crime programs by eliminating needless federal mandates 
     on state criminal justice systems that have stifled 
     innovative state efforts to address violent youth crime. This 
     bill also requires that states not exclude religious 
     organizations from participating in juvenile 
     rehabilitative programs. In an effort to encourage the 
     states to undertake progressive responses to violent youth 
     crime, this bill authorizes funding for a variety of 
     programs, such as fingerprinting, DNA testing, and 
     improved record keeping practices for juvenile offenders. 
     The Juvenile Justice bill also fosters youth crime 
     prevention that works by ensuring that there are 2,000 
     Boys & Girls Clubs by the year 2000, and by permitting 
     some federal grant funds to be used to establish a role 
     model speakers program.


                           personal security

       Recent studies show that the adoption by more than 30 
     states of laws allowing citizens to carry firearms has had, 
     and will have, a material and positive effect in preventing 
     violent crime. S. 3 will empower current and retired law 
     enforcement officers to carry firearms in other states, and 
     will authorize states to enter into interstate compacts 
     recognizing each other's citizen carry laws. It will also 
     create an exception to federal firearm purchase waiting 
     periods for persons protected under a protective order. Thus, 
     for instance, no longer will a threatened and abused woman be 
     forced to wait in fear for the right to protect herself.


                         sensible prison reform

       American taxpayers should not be saddled with the burden of 
     paying for the cost of incarcerating aliens convicted of 
     crimes in this country. In an effort to lessen this burden, 
     this legislation requires the Department of State to 
     negotiate treaties with all foreign governments that receive 
     U.S. aid. Under these treaties, receipt of American aid will 
     be contingent upon foreign governments receiving and 
     incarcerating their citizens and nationals who are convicted 
     of crimes in the United States for a majority of their 
     sentences.
       This legislation also continues the authorization for the 
     pilot project on privatization of federal prisons. It will 
     also build on the Prison Litigation Reform Act enacted last 
     Congress by amending and clarifying features of the PLRA. 
     Provisions of this bill will also make it more difficult 
     for prisoners to pursue their criminal careers while in 
     prison by making it more difficult to conduct criminal 
     activity by phone.
       Importantly, this bill also eliminates inappropriate and 
     counter-productive ``incentives'' of early release for 
     federal inmates to get drug treatment. Further, our bill will 
     require all federal prisoners to work, and impose no-frills 
     prisons in the federal system.


                           child pornography

       This legislation also builds on the advances made in the 
     104th Congress by requiring the Secretary of State to 
     renegotiate extradition treaties with foreign governments to 
     ensure that child pornography offenses under federal law are 
     extraditable offenses. It also modifies current federal law 
     so that the statute of limitations is tolled when the federal 
     child pornography laws are violated, in whole or in part, by 
     persons beyond the jurisdiction of the United States.


                        criminal justice reform

       S. 3 will improve public confidence in the criminal justice 
     system by enhancing the accuracy of the trial process. The 
     current exclusionary rule often unjustifiably bars use of 
     probative evidence at trial. This law will amend the 
     exclusionary rule to allow evidence to be admitted if law 
     enforcement officers had an objectively reasonable belief 
     that their conduct was lawful. Further, 18 U.S.C. Sec. 3501 
     provides that judges must admit a confession as long as it is 
     voluntary. This bill will direct the Justice Department to 
     ensure this provision is enforced. This bill also proposes 
     various reforms to ensure fairness for both the defendant 
     and the victim in criminal trials. These reforms to the 
     criminal justice process that are critical if we are to 
     prevent our cherished liberties from further devolving 
     into merely a cynical shield for the guilty to avoid just 
     punishment.
       Mr. President, these bills alone will not solve our crime 
     problem. That must be done community by community. Crime 
     cannot thrive in a society that will not tolerate it. But by 
     enacting these common sense reforms, we can signal our 
     determination to build such a society. I urge my colleagues 
     to support these bills.

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                  S. 3

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Omnibus 
     Crime Control Act of 1997''.

       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.

                  TITLE I--TRANSFER OF ALIEN PRISONERS

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

                   TITLE II--EXCLUSIONARY RULE REFORM

                  Subtitle A--Exclusionary Rule Reform

Sec. 201. Short title.
Sec. 202. Admissibility of certain evidence.

                     Subtitle B--Confession Reform

Sec. 211. Enforcement of confession reform statute.

             TITLE III--VIOLENT CRIME, DRUGS, AND TERRORISM

Sec. 301. Short title.

             Subtitle A--Criminal Penalties and Procedures

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

                  Subtitle B--International Terrorism

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

                  Subtitle C--Commissions and Studies

Sec. 331. National commission on terrorism.

                     TITLE IV--COMMUNITY PROTECTION

Sec. 401. Short title.

                 Subtitle A--Law Enforcement Assistance

Sec. 411. Exemption of qualified current and former law enforcement 
              officers from State laws prohibiting the carrying of 
              concealed firearms.

                    Subtitle B--Citizens' Assistance

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

                TITLE V--CRIMINAL PROCEDURE IMPROVEMENTS

                Subtitle A--Equal Protection for Victims

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

                          Subtitle B--Firearms

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

                   Subtitle C--Federal Death Penalty

Sec. 541. Strengthening of Federal death penalty standards and 
              procedures.
Sec. 542. Murder of witness as aggravating factor.
Sec. 543. Death penalty for murders committed in the district of 
              columbia.

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

Sec. 601. Trafficking in methamphetamine penalty increases.
Sec. 602. Reduction of sentence for providing useful investigative 
              information.
Sec. 603. Implementation of a sentence of death.
Sec. 604. Limitation on drug enforcement administrator tenure.
Sec. 605. Serious juvenile drug offenses as armed career criminal act 
              predicates.

[[Page S192]]

Sec. 606. Mandatory minimum prison sentences for persons who use minors 
              in drug trafficking activities or sell drugs to minors.
Sec. 607. Penalty increases for trafficking in listed chemicals.

        TITLE VII--COMBATING VIOLENCE AGAINST WOMEN AND CHILDREN

                      Subtitle A--General Reforms

Sec. 701. Participation of religious organizations in violence against 
              women act programs.
Sec. 702. Domestic violence arrest grants.
Sec. 703. Rural domestic violence and child abuse enforcement 
              assistance.
Sec. 704. Runaway, homeless, and street youth assistance grants.

                     Subtitle B--Domestic Violence

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

                TITLE VIII--VIOLENT CRIME AND TERRORISM

                Subtitle A--Violent Crime and Terrorism

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

                   Subtitle B--Courts and Sentencing

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

                     Subtitle C--White Collar Crime

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

                  Subtitle D--Miscellaneous Provisions

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

                        TITLE IX--PRISON REFORM

                  Subtitle A--Prison Litigation Reform

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

                      Subtitle B--Federal Prisons

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

                   TITLE X--MISCELLANEOUS PROVISIONS

Sec. 1001. Sense of the Senate regarding ondcp.
Sec. 1002. Restrictions on doctors prescribing schedule i substances..
Sec. 1003. Anti-drug use public service requirement.
Sec. 1004. Child pornography.
Sec. 1005. 2,000 boys & girls clubs before 2000.
Sec. 1006. Cellular telephone interceptions.

            TITLE XI--VIOLENT AND REPEAT JUVENILE OFFENDERS

Sec. 1101. Short title.
Sec. 1102. Findings and purposes.
Sec. 1103. Severability.

                  Subtitle A--Juvenile Justice Reform

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

                       Subtitle B--Juvenile Gangs

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

         Subtitle C--Juvenile Crime Control and Accountability

Sec. 1161. Findings; declaration of purpose; definitions.
Sec. 1162. Youth crime control and accountability block grants.
Sec. 1163. Runaway and homeless youth.
Sec. 1164. Authorization of appropriations.
Sec. 1165. Repeal.
Sec. 1166. Transfer of functions and savings provisions.
Sec. 1167. Repeal of unnecessary and duplicative programs.
Sec. 1168. Housing juvenile offenders.
Sec. 1169. Civil monetary penalty surcharge.

     SEC. 2. SEVERABILITY.

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

     SEC. 101. SHORT TITLE.

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

     SEC. 102. TRANSFERS OF ALIEN PRISONERS.

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

     SEC. 103. CONSENT UNNECESSARY.

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

[[Page S193]]

     party to any existing treaty requiring such consent.
       (b) General Repeal.--Notwithstanding any other provision of 
     law, the consent of an alien covered by this title shall not 
     be required before such alien may be designated for transfer 
     or before such alien may be transferred to the country of 
     nationality of that alien.

     SEC. 104. CERTIFICATION TRANSFER REQUIREMENT.

       Not later than March 1 of each year, the President shall 
     submit to Congress a certification as to whether each foreign 
     country has accepted, and has confined for the duration of 
     their sentences, the persons described in section 403(a).

     SEC. 105. INTERNATIONAL PRISONER TRANSFER REPORT.

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

     SEC. 106. ANNUAL REPORTS ON FOREIGN ASSISTANCE.

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

     SEC. 107. ANNUAL CERTIFICATION PROCEDURES.

       (a) Withholding of Bilateral Assistance, Opposition to 
     Multilateral Development Assistance, and Withholding of 
     Visas.--
       (1) Bilateral assistance.--
       (A) In general.--Fifty percent of the United States 
     assistance allocated each fiscal year for each foreign 
     country shall be withheld from obligation and expenditure to 
     any such country if that country has refused to accept not 
     less than 75 percent of nationals covered by this title and 
     designated for transfer by the Attorney General within either 
     of the 2 immediately preceding fiscal years or to confine 
     such transferred persons for not less than 85 percent of 
     their sentence, except as provided in subsection (b).
       (B) Inapplicability to certain countries.--This paragraph 
     does not apply with respect to a country if the President 
     determines in accordance with subsection (b) that its 
     application to that country would be contrary to the vital 
     national interests of the United States, except that any such 
     determination shall not take effect until not less than 30 
     days after the President submits written notification of that 
     determination to the congressional committees listed in 
     section 306 in accordance with the procedures applicable to 
     reprogramming notifications under section 634A of the Foreign 
     Assistance Act of 1961.
       (C) Bilateral assistance exemption.--In this subsection, 
     the term ``bilateral assistance'' does not include--
       (i) narcotics-related assistance under the Foreign 
     Assistance Act of 1961;
       (ii) disaster relief assistance;
       (iii) assistance that involves the provision of food 
     (including monetization of food) or medicine; or
       (iv) assistance for refugees.
       (2) Multilateral assistance.--
       (A) In general.--The Secretary of the Treasury may instruct 
     the United States Executive Directors of each multilateral 
     development bank to vote against any loan or other 
     utilization of the funds of such bank or institution for the 
     benefit of any country if that country has refused to accept 
     not less than 75 percent of its nationals covered by this 
     title and designated for transfer by the Attorney General or 
     to confine such transferred persons for not less than 85 
     percent of their sentences within either of the 2 immediately 
     preceding fiscal years, except as provided in subsection (b).
       (B) Definition of ``multilateral development bank''.--In 
     this paragraph, the term ``multilateral development bank'' 
     means the International Bank for Reconstruction and 
     Development, the International Development Association, the 
     Inter-American Development Bank, the Asian Development Bank, 
     the African Development Bank, and the European Bank for 
     Reconstruction and Development.
       (3) Visas.--All visas shall be denied to nationals employed 
     by the government of any foreign country if that country has 
     refused to accept not fewer than 75 percent of its nationals 
     covered by this title and designated for transfer by the 
     Attorney General within either of the 2 immediately preceding 
     fiscal years or to confine such transferred persons for not 
     less than 85 percent of their sentences, except as provided 
     in subsection (b), except that the President or the Secretary 
     of State nonetheless may grant visas to heads of state, 
     certified diplomats, or members of a foreign country's 
     mission to the United Nations.
       (b) Certification Procedures.--
       (1) What must be certified.--Subject to subsection (d), the 
     assistance withheld from a country pursuant to subsection 
     (a)(1) may be obligated and expended, the requirement of 
     subsection (a)(2) to vote against multilateral development 
     bank assistance to a country shall not apply, and the 
     withholding of visas from nationals of a country of 
     subsection (a)(3) shall not apply, if the President 
     determines and certifies to Congress, at the time of the 
     submission of the report required by section 305, that--
       (A) during the previous year the country has cooperated 
     fully with the United States, or has taken adequate steps on 
     its own, to achieve full compliance with the goals and 
     objectives established by this title, except that the 
     President may make such a finding only once during any 5-year 
     period;
       (B) for a country that would not otherwise qualify for 
     certification under subparagraph (A), the vital national 
     interests of the United States require that the assistance 
     withheld pursuant to subsection (a)(1) be provided, that the 
     United States not vote against multilateral development bank 
     assistance for that country pursuant to subsection (a)(2), 
     and that visas not be withheld pursuant to subsection (a)(3); 
     or
       (C) only in the case of multilateral development bank 
     assistance, such assistance is directed specifically to 
     programs that provide, or support a foreign country's ability 
     itself to provide, food, water, clothing, shelter, and 
     medical care of that country.
       (2) Considerations regarding cooperation.--In making the 
     determinations described in subsection (b)(1), the President 
     shall consider the extent to which the country has--
       (A) met the goals and objectives of this title;
       (B) accomplished the goals described in an applicable 
     bilateral agreement with the United States or a multilateral 
     agreement to

[[Page S194]]

     implement the provisions and purposes of this title; and
       (C) taken domestic legal and law enforcement measures to 
     implement the provisions and purposes of this title;
       (3) Case-by-case waiver authority.--
       (A) Authority.--The President or the Secretary of State 
     may, on a case-by-case basis, allow an alien subject to 
     transfer under section 402 to remain in the custody of the 
     Attorney General if the President or Secretary of State 
     determines that doing so is necessary to serve the vital 
     interests of the United States or to protect the life or 
     health of the citizen or national. It is the sense of 
     Congress that such case-by-case determinations rarely should 
     be made.
       (B) Nondelegation of authority.--The authority to make a 
     determination under subparagraph (A) may not be delegated.
       (4) Information to be included in national interest 
     certification.--If the President makes a certification with 
     respect to a country pursuant to subsection (b)(1), the 
     President shall include in such certification--
       (A) a full and complete description of the vital national 
     interests placed at risk if United States bilateral 
     assistance to that country is terminated pursuant to this 
     section, multilateral development bank assistance is not 
     provided to such country, and visas are not issued to the 
     nationals of such country; and
       (B) a statement weighing the risk described in subparagraph 
     (A) against the risks posed to the vital national interests 
     of the United States by the failure of such country to 
     cooperate fully with the United States in implementing the 
     provisions and purposes of this title.
       (c) Congressional Review.--Subsection (d) shall apply if, 
     not later than 30 calendar days after receipt of a 
     certification submitted under subsection (b) at the time of 
     submission of the report required by this title, Congress 
     enacts a joint resolution disapproving the determination of 
     the President contained in such certification.
       (d) Denial of Assistance for Countries Decertified.--If the 
     President does not make a certification under subsection (b) 
     with respect to a country or Congress enacts a joint 
     resolution disapproving such certification, then until such 
     time as the conditions specified in subsection (e) are 
     satisfied--
       (1) funds may not be obligated for United States assistance 
     for that government, and funds previously appropriated, but 
     unobligated, for United States assistance for that government 
     may not be expended for the purpose of providing assistance 
     for that government;
       (2) the requirement to vote against multilateral 
     development bank assistance pursuant to subsection (a)(2) 
     shall apply with respect to that country, without regard to 
     the date specified in that subsection; and
       (3) no visas may be issued to nationals of that country, 
     and no visas already issued shall be held valid by the 
     Department of State, the Immigration and Naturalization 
     Service, or any other department or agency of the Federal 
     Government.
       (e) Recertification.--Subsection (d) shall apply to a 
     country described in that subsection until--
       (1) the President, at the time of submission of the report 
     required by this title, makes a certification under 
     subsection (b)(1)(A) or (b)(1)(B) with respect to that 
     country, and Congress does not enact a joint resolution under 
     subsection (c) disapproving the determination of the 
     President contained in that certification; or
       (2) the President, at any other time, makes the 
     certification described in subsection (b)(1)(A) or subsection 
     (b)(1)(B) with respect to that country, except that this 
     paragraph applies only if either--
       (A) the President also certifies that--
       (i) that country has undergone a fundamental change in 
     government, or
       (ii) there has been a fundamental change in the conditions 
     that were the reasons--

       (I) why the President had not made a certification with 
     respect to that country under subsections (b)(1) (A) or (B); 
     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 subsection 
     (b)(1) (A) or (B).
     Any certification under subparagraph (A) of paragraph (2) 
     shall discuss the justification for the certification.
       (f) Senate Procedures.--Any joint resolution under this 
     section shall be considered in the Senate in accordance with 
     the provisions of section 601(b) of the International 
     Security Assistance and Arms Export Control Act of 1976.

     SEC. 108. PRISONER TRANSFERS TREATIES.

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

     SEC. 109. JUDGMENTS UNAFFECTED.

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

     SEC. 110. DEFINITION.

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

     SEC. 111. REPEALS.

       The following provisions of law are repealed:
       (1) The first sentence in section 4100(a) of title 18, 
     United States Code, is repealed.
       (2) The first, third, fourth, fifth, and sixth sentences in 
     section 4100(b) of title 18, United States Code, are 
     repealed.
       (3) Subsection (c) of section 4100 of title 18, United 
     States Code is repealed.
       (4) Subsection (d) of section 4100(a) of title 18, United 
     States Code, is redesignated as subsection (c).
       (5) Subsection (a)(2) of section 330 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     is amended by inserting ``during fiscal years 1997 and 
     1998,'' after ``compensation,''.
       (6) Section 330(c) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 is amended by striking 
     ``, except as required by treaty,''.
       (7) Section 332 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 is repealed.
                   TITLE II--EXCLUSIONARY RULE REFORM
                  Subtitle A--Exclusionary Rule Reform

     SEC. 201. SHORT TITLE.

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

     SEC. 202. ADMISSIBILITY OF CERTAIN EVIDENCE.

       (a) In General.--Chapter 223 of title 18, United States 
     Code, is amended by adding at the end the following:

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

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

``3510. Admissibility of evidence obtained by search or seizure.''.
                     Subtitle B--Confession Reform

     SEC. 211. ENFORCEMENT OF CONFESSION REFORM STATUTE.

       (a) In General.--Section 3501 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(f) Enforcement of Confession Reform.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of the Omnibus Crime Control Act of 1997, the 
     Attorney General shall promulgate guidelines that require

[[Page S195]]

     the Department of Justice to enforce, and defend nationally, 
     the legality of this section. Specifically, the Department 
     shall pursue the admission into evidence of confessions that 
     are voluntarily given.
       ``(2) Voluntariness.--In determining the issue of 
     voluntariness for purposes of this subsection--
       ``(A) the Department shall take into consideration all the 
     circumstances surrounding the giving of the confession, 
     including--
       ``(i) the time elapsing between arrest and arraignment of 
     the defendant making the confession, if the confession was 
     made after arrest and before arraignment;
       ``(ii) whether the defendant knew the nature of the offense 
     with which he was charged or of which he was suspected at the 
     time of making the confession;
       ``(iii) whether the defendant was advised or knew that he 
     was not required to make any statement and that any such 
     statement could be used against him; and
       ``(iv) whether the defendant was without the assistance of 
     counsel when he was questioned and when he made a confession;
       ``(B) the presence or absence of any of the factors 
     described in paragraph (1) shall not be conclusive in the 
     Department's determination of whether a confession was 
     voluntary; and
       ``(C) the fact that the defendant had not been advised 
     prior to questioning of his or her right to silence and to 
     the assistance of counsel shall not be dispositive.
       ``(g) Definition of any criminal prosecution by the united 
     states.--In this section--
       ``(1) the term `any criminal prosecution by the United 
     States' includes any prosecution by the United States under 
     the Uniform Code of Military Justice; and
       ``(2) the term `offenses against the laws of the United 
     States' includes offense defined by the Uniform Code of 
     Military Justice.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act and 
     shall apply to any criminal prosecution brought by or under 
     the authority of the United States, including a military 
     prosecution or a prosecution brought by the District of 
     Columbia, regardless of whether that prosecution has begun or 
     has concluded and has yet to become final.
             TITLE III--VIOLENT CRIME, DRUGS, AND TERRORISM

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Drug Investigation Support 
     and Antiterrorism Act of 1997''.
             Subtitle A--Criminal Penalties and Procedures

     SEC. 311. PROTECTION OF THE OLYMPICS.

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

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

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

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

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

     SEC. 314. CHEMICAL WEAPONS RESTRICTIONS.

       (a) In General.--Section 2332c of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by inserting after paragraph (2) the 
     following:
       ``(3) Restrictions.--
       ``(A) In general.--Whoever without lawful authority 
     knowingly develops, produces, acquires, stockpiles, retains, 
     transfers, owns, or possesses any chemical weapon, or 
     knowingly assists, encourages or induces any person to do so, 
     or attempts or conspires to do so, shall be punished under 
     paragraph (2).

[[Page S196]]

       ``(B) Jurisdiction.--The United States has jurisdiction 
     over an offense under this paragraph if--
       ``(i) the prohibited activity takes place in the United 
     States; or
       ``(ii) the prohibited activity takes place outside the 
     United States and is committed by a national of the United 
     States.
       ``(C) Additional penalty.--The court shall order any person 
     convicted of an offense under this paragraph to pay to the 
     United States any expenses incurred incident to the seizure, 
     storage, handling, transportation, and destruction or other 
     disposition of property seized for violation of this 
     section.'';
       (2) by adding at the end the following:
       ``(c) Criminal Forfeiture.--
       ``(1) Property subject to criminal forfeiture.--A person 
     who is convicted of an offense under this section shall 
     forfeit to the United States the interest of that person in--
       ``(A) any chemical weapon, including any component thereof;
       ``(B) any property, real or personal, constituting or 
     traceable to gross profits or other proceeds obtained from 
     such offense; and
       ``(C) any property, real or personal, used or intended to 
     be used to commit or to promote the commission of the 
     offense.
       ``(2) Third party transfers.--
       ``(A) In general.--All right, title, and interest in 
     property described in subsection (a) of this section vests in 
     the United States upon the commission of the act giving rise 
     to forfeiture under this section.
       ``(B) Forfeiture.--Except as provided in subparagraph (C), 
     any property referred to in subparagraph (A) that is 
     subsequently transferred to a person other than the defendant 
     may be the subject of a special verdict of forfeiture and 
     thereafter shall be ordered forfeited to the United States.
       ``(C) Exception.--The property referred to in subparagraph 
     (B) shall not be ordered forfeited if the transferee 
     establishes in a hearing conducted pursuant to subsection (l) 
     that the party is a bona fide purchaser for value of such 
     property who, at the time of purchase, was reasonably without 
     cause to believe that the property was subject to forfeiture 
     under this section.
       ``(3) Protective orders.--
       ``(A) In general.--Upon application of the United States, 
     the court may enter a restraining order or injunction, 
     require the execution of a satisfactory performance bond, or 
     take any other action to preserve the availability of 
     property described in subsection (a) for forfeiture under 
     this section--
       ``(i) upon the filing of an indictment or information--

       ``(I) charging a violation of this chapter for which 
     criminal forfeiture may be ordered under this section; and
       ``(II) alleging that the property with respect to which the 
     order is sought would, in the event of conviction, be subject 
     to forfeiture under this section; or

       ``(ii) prior to the filing of an indictment or information 
     referred to in clause (i), if, after providing notice to 
     persons appearing to have an interest in the property and 
     opportunity for a hearing, the court determines that--

       ``(I) there is a substantial probability that the United 
     States will prevail on the issue of forfeiture and that 
     failure to enter the order will result in the property being 
     destroyed, removed from the jurisdiction of the court, or 
     otherwise made unavailable for forfeiture; and
       ``(II) the need to preserve the availability of the 
     property through the entry of the requested order outweighs 
     the hardship on any party against whom the order is to be 
     entered;

     except that an order entered pursuant to subparagraph (B) 
     shall be effective for a period not to exceed 90 days, unless 
     extended by the court for good cause shown or unless an 
     indictment or information described in this subparagraph has 
     been filed.
       ``(B) Temporary restraining orders.--
       ``(i) In general.--A temporary restraining order under this 
     subsection may be entered upon application of the United 
     States without notice or opportunity for a hearing when an 
     information or indictment has not yet been filed with respect 
     to the property, if the United States demonstrates that there 
     is probable cause to believe that--

       ``(I) the property with respect to which the order is 
     sought would, in the event of conviction, be subject to 
     forfeiture under this section; and
       ``(II)(aa) exigent circumstances exist that place the life 
     or health of any person in danger; or
       ``(bb) that provision of notice will jeopardize the 
     availability of the property for forfeiture.

       ``(ii) Expiration.--A temporary restraining order described 
     in clause (i) shall expire not later than 10 days after the 
     date on which the order is entered, unless--

       ``(I) the order is extended for good cause shown; or
       ``(II) the party against whom it is entered consents to an 
     extension for a longer period.

       ``(iii) Hearing.--A hearing requested concerning an order 
     entered under this paragraph shall be held at the earliest 
     possible time and prior to the expiration of the temporary 
     order.
       ``(C) Inapplicability of federal rules of evidence.--The 
     court may receive and consider, at a hearing held pursuant to 
     this paragraph, evidence and information that would otherwise 
     be inadmissible under the Federal Rules of Evidence.
       ``(d) Warrant of Seizure.--
       ``(1) In general.--The Government of the United States may 
     request the issuance of a warrant authorizing the seizure of 
     property subject to forfeiture under this section in the same 
     manner as provided for a search warrant.
       ``(2) Determinations by court.--The court shall issue a 
     warrant authorizing the seizure of the property referred to 
     in paragraph (1) if the court determines that there is 
     probable cause to believe that--
       ``(A) the property to be seized would, in the event of 
     conviction, be subject to forfeiture; and
       ``(B) an order under subsection (c) may not be sufficient 
     to ensure the availability of the property for forfeiture.
       ``(e) Order of Forfeiture.--The court shall order 
     forfeiture of property referred to in subsection (a) if the 
     trier of fact determines, by a preponderance of the evidence, 
     that the property is subject to forfeiture.
       ``(f) Execution.--
       ``(1) In general.--Upon entry of an order of forfeiture or 
     temporary restraining order under this section, the court 
     shall authorize the Attorney General to seize all property 
     ordered forfeited or restrained on such terms and conditions 
     as the court determines to be appropriate.
       ``(2) Actions by court.--Following entry of an order 
     declaring the property forfeited, the court may, upon 
     application of the United States, enter such appropriate 
     restraining orders or injunctions, require the execution of 
     satisfactory performance bonds, appoint receivers, 
     conservators, appraisers, accountants, or trustees, or take 
     any other action to protect the interest of the United States 
     in the property ordered forfeited.
       ``(3) Offset.--Any income accruing to or derived from 
     property ordered forfeited under this section may be used to 
     offset ordinary and necessary expenses to the property that--
       ``(A) are required by law; or
       ``(B) are necessary to protect the interests of the United 
     States or third parties.
       ``(g) Disposition of Property.--
       ``(1) In general.--Following the seizure of property 
     ordered forfeited under this section, the Attorney General 
     shall, making due provision for the rights of any innocent 
     persons--
       ``(A) destroy or retain for official use any article 
     described in paragraph (1) of subsection (a); and
       ``(B) retain for official use or direct the disposition of 
     any property described in paragraph (2) or (3) of subsection 
     (a) by sale or any other commercially feasible means.
       ``(2) Reversion prohibited.--With respect to the 
     forfeiture, any property right or interest not exercisable 
     by, or transferable for value to, the United States shall 
     expire and shall not revert to the defendant, nor shall the 
     defendant or any person acting in concert with the defendant 
     or on behalf of the defendant be eligible to purchase 
     forfeited property at any sale held by the United States.
       ``(3) Restraint of sale or disposition.--Upon application 
     of a person, other than the defendant or person acting in 
     concert with the defendant or on behalf of the defendant, the 
     court may restrain or stay the sale or disposition of the 
     property pending the conclusion of any appeal of the criminal 
     case giving rise to the forfeiture, if the applicant 
     demonstrates that proceeding with the sale or disposition of 
     the property will result in irreparable injury, harm, or loss 
     to the applicant.
       ``(h) Authority of Attorney General.--With respect to 
     property ordered forfeited under this section, the Attorney 
     General may--
       ``(1) grant petitions for mitigation or remission of 
     forfeiture, restore forfeited property to victims of a 
     violation of this section, or take any other action to 
     protect the rights of innocent persons that--
       ``(A) is in the interest of justice; and
       ``(B) is not inconsistent with this section;
       ``(2) compromise claims arising under this section;
       ``(3) award compensation to persons providing information 
     resulting in a forfeiture under this section;
       ``(4) direct the disposition by the United States, under 
     section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a), of 
     all property ordered forfeited under this section by public 
     sale or any other commercially feasible means, making due 
     provision for the rights of innocent persons; and
       ``(5) take such appropriate measures as are necessary to 
     safeguard and maintain property ordered forfeited under this 
     section pending the disposition of that property.
       ``(i) Bar on Intervention.--Except as provided in 
     subsection (l), no party claiming an interest in property 
     subject to forfeiture under this section may--
       ``(1) intervene in a trial or appeal of a criminal case 
     involving the forfeiture of that property under this section; 
     or
       ``(2) commence an action at law or equity against the 
     United States concerning the validity of the alleged interest 
     of that party in the property subsequent to the filing of an 
     indictment or information alleging that the property is 
     subject to forfeiture under this section.
       ``(j) Jurisdiction To Enter Orders.--Each district court of 
     the United States shall have jurisdiction to enter an order 
     of forfeiture under this section without regard to the 
     location of any property that--
       ``(1) may be subject to forfeiture under this section; or

[[Page S197]]

       ``(2) has been ordered forfeited under this section.
       ``(k) Depositions.--In order to facilitate the 
     identification and location of property declared forfeited 
     under this section and to facilitate the disposition of 
     petitions for remission or mitigation of forfeiture, after 
     the entry of an order declaring property forfeited to the 
     United States under this section, the court may, upon 
     application of the United States, order that--
       ``(1) the testimony of any witness relating to the property 
     forfeited be taken by deposition; and
       ``(2) any designated book, paper, document, record, 
     recording, or other material that is not privileged be 
     produced at the same time and place, and in the same manner, 
     as provided for the taking of depositions under rule 15 of 
     the Federal Rules of Criminal Procedure.
       ``(l) Third Party Interests.--
       ``(1) In general.--
       ``(A) Notice.--Following the entry of an order of 
     forfeiture under this section, the United States Government 
     shall publish notice of the order and of the intent of the 
     Government to dispose of the property in such manner as the 
     Attorney General may direct.
       ``(B) Direct written notice.--In addition to providing the 
     notice described in subparagraph (A), the Government may, to 
     the extent practicable, provide direct written notice to any 
     person known to have alleged an interest in the property that 
     is the subject of the order of forfeiture as a substitute for 
     published notice as to those persons so notified.
       ``(2) Petition by person other than defendant.--
       ``(A) In general.--Any person, other than the defendant, 
     who asserts a legal interest in property that has been 
     ordered forfeited to the United States pursuant to this 
     section may petition the court for a hearing to adjudicate 
     the validity of his alleged interest in the property not 
     later than the earlier of--
       ``(i) the date that is 30 days after the final publication 
     of notice; or
       ``(ii) the date that is 30 days after the receipt of notice 
     by the person under paragraph (1).
       ``(B) Requirements for hearing.--A hearing described in 
     subparagraph (A) shall be held before the court without a 
     jury.
       ``(3) Requirements for petition.--A petition referred to in 
     paragraph (2) shall--
       ``(A) be signed by the petitioner under penalty of perjury; 
     and
       ``(B) set forth--
       ``(i) the nature and extent of the petitioner's right, 
     title, or interest in the property;
       ``(ii) the time and circumstances of the petitioner's 
     acquisition of the right, title, or interest in the property;
       ``(iii) the relief sought; and
       ``(iv) any additional facts supporting the petitioner's 
     claim.
       ``(4) Date; consolidation.--
       ``(A) Date of hearing.--The hearing on a petition referred 
     to in paragraph (2) shall, to the extent practicable and 
     consistent with the interests of justice, be held not later 
     than 30 days after the filing of the petition.
       ``(B) Consolidation.--The court may consolidate the hearing 
     on the petition with a hearing on any other petition filed by 
     a person other than the defendant under this subsection.
       ``(5) Actions at hearings.--
       ``(A) In general.--At a hearing referred to in paragraph 
     (4)--
       ``(i) the petitioner may testify and present evidence and 
     witnesses on his or her own behalf, and cross-examine 
     witnesses who appear at the hearing; and
       ``(ii) the Government may present evidence and witnesses in 
     rebuttal and in defense of its claim to the property that is 
     the subject and cross-examine witnesses who appear at the 
     hearing.
       ``(B) Consideration by court.--In addition to considering 
     testimony and evidence presented at the hearing, the court 
     shall consider the relevant portions of the record of the 
     criminal case that resulted in the order of forfeiture.
       ``(6) Amendment of order of forfeiture.--If, after holding 
     a hearing under this subsection, the court determines that a 
     petitioner has established by a preponderance of the evidence 
     that--
       ``(A)(i) the petitioner has a legal right, title, or 
     interest in the property that is the subject of the hearing; 
     and
       ``(ii) that right, title, or interest renders the order of 
     forfeiture invalid in whole or in part because the right, 
     title, or interest--
       ``(I) was vested in the petitioner rather than the 
     defendant; or
       ``(II) was superior to any right, title, or interest of the 
     defendant at the time of the commission of the acts which 
     gave rise to the forfeiture of the property under this 
     section; or
       ``(B) the petitioner is a bona fide purchaser for value of 
     the right, title, or interest in the property and was at the 
     time of purchase reasonably without cause to believe that the 
     property was subject to forfeiture under this section;

     the court shall amend the order of forfeiture in accordance 
     with its determination.
       ``(7) Actions of court after disposition of petition.--
     After the disposition of the court of all petitions filed 
     under this subsection, or if no such petitions are filed 
     after the expiration of the period specified in paragraph 
     (2), the United States--
       ``(A) shall have clear title to property that is the 
     subject of the order of forfeiture; and
       ``(B) may warrant good title to any subsequent purchaser or 
     transferee.
       ``(m) Construction.--This section shall be liberally 
     construed in such manner as to effectuate the remedial 
     purposes of this section.
       ``(n) Substitute Assets.--
       ``(1) In general.--In accordance with paragraph (2), the 
     court shall order the forfeiture of property of a defendant 
     other than property described in subsection (a) if, as a 
     result of an act or omission of the defendant, any of the 
     property of the defendant that is described in subsection 
     (a)--
       ``(A) cannot be located upon the exercise of due diligence;
       ``(B) has been transferred or sold to, or deposited with, a 
     third party;
       ``(C) has been placed beyond the jurisdiction of the court;
       ``(D) has been substantially diminished in value; or
       ``(E) has been commingled with other property which cannot 
     be divided without difficulty.
       ``(2) Value of property.--The value of any property subject 
     to forfeiture under paragraph (1) shall not exceed the value 
     of property of the defendant with respect to which 
     subparagraph (A), (B), (C), (D), or (E) of paragraph (1) 
     applies.''; and
       (3) by amending the section heading to read as follows:

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

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

``2332c. Use and stockpiling of chemical weapons.''.
                  Subtitle B--International Terrorism

     SEC. 321. MULTILATERAL SANCTIONS.

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

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

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

[[Page S198]]

     a foreign country would increase the likelihood of 
     cooperation of the government of the foreign country (as 
     specified in that paragraph), the Secretary may transmit the 
     information under that paragraph in classified form.''.

     SEC. 323. REPORT ON INTERNATIONAL TERRORISM.

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

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

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

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

       ``(a) Establishment.--
       ``(1) In general.--The Secretary of State shall establish a 
     program for the payment of rewards by the Secretary in 
     accordance with this section.
       ``(2) Consultation.--The rewards program established under 
     paragraph (1) shall be administered by the Secretary of 
     State, in consultation (as appropriate), with the Attorney 
     General.
       ``(b) Rewards Program.--
       ``(1) The rewards program established under subsection 
     (a)(1) shall be designed to assist in the prevention of acts 
     of international terrorism, international narcotics 
     trafficking, and other related criminal acts.
       ``(2) At the sole discretion of the Secretary of State and 
     in consultation, as appropriate, with the Attorney General, 
     the Secretary of State may pay a reward to any individual who 
     furnishes information leading to--
       ``(A) the arrest or conviction in any country of any 
     individual for the commission of an act of international 
     terrorism against a person or property;
       ``(B) the arrest or conviction in any country of any 
     individual conspiring or attempting to commit an act of 
     international terrorism against a United States person or 
     United States property;
       ``(C) the arrest or conviction in any country of any 
     individual for committing, primarily outside the territorial 
     jurisdiction of the United States, any narcotics-related 
     offense if that offense involves or is a significant part of 
     conduct that involves--
       ``(i) a violation of United States narcotics laws which is 
     such that the individual would be a major violator of such 
     laws;
       ``(ii) the killing or kidnapping of--

       ``(I) any officer, employee, or contract employee of the 
     United States Government while that individual is engaged in 
     official duties, or on account of the performance of official 
     duties of that individual, in connection with--

       ``(aa) the enforcement of United States narcotics laws; or
       ``(bb) the implementation of United States narcotics 
     control objectives; or

       ``(II) a member of the immediate family of any individual 
     described in subclause (I) on account of the official duties 
     of that individual in connection with--

       ``(aa) the enforcement of United States narcotics laws; or
       ``(bb) the implementation of United States narcotics 
     control objectives; or
       ``(iii) an attempt or conspiracy to commit any act 
     described in clause (i) or (ii);
       ``(D) the arrest or conviction in any country of any 
     individual who aids or abets in the commission of an act 
     described in subparagraph (A), (B), or (C); or
       ``(E) the prevention, frustration, or favorable resolution 
     of an act described in subparagraph (A), (B), or (C).
       ``(c) Coordination.--
       ``(1) In general.--To ensure that the payment of rewards 
     under this section does not duplicate or interfere with the 
     payment of informants or the obtaining of evidence or 
     information, as authorized for the Department of Justice, the 
     offering, administration, and payment of rewards under this 
     section shall be conducted in accordance with procedures that 
     the Secretary of State, in consultation with the Attorney 
     General, shall establish.
       ``(2) Contents of procedures.--The procedures referred to 
     in paragraph (2) shall include procedures for--
       ``(A) identifying individuals, organizations, and offenses 
     with respect to which rewards are to be offered;
       ``(B) the publication of rewards;
       ``(C) the offering of joint rewards with the governments of 
     foreign countries;
       ``(D) the receipt and analysis of data; and
       ``(E) the payment and approval of payment.
       ``(3) Consultation with attorney general.--Before making a 
     reward under this section in a matter subject to Federal 
     criminal jurisdiction, the Secretary of State shall advise 
     and consult with the Attorney General.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--Notwithstanding section 102 of the 
     Foreign Relations Authorization Act, Fiscal Years 1986 and 
     1987 (99 Stat. 408), and subject to paragraph (2), there are 
     authorized to be appropriated to the Department of State such 
     sums as may be necessary to carry out this section.
       ``(2) Limitation.--No amount of funds may be appropriated 
     to the Department of State for the purpose specified in 
     paragraph (1) in excess of the difference between $15,000,000 
     and the amount of unobligated funds available for that 
     purpose to the Secretary of State for the fiscal year 
     involved.
       ``(3) Distribution of funds.--To the maximum extent 
     practicable, funds made available to carry out this section 
     shall be distributed in equal amounts for the purpose of 
     preventing acts of international terrorism and for the 
     purpose of preventing international narcotics trafficking.
       ``(4) Availability of funds.--Amounts appropriated pursuant 
     to the authorization under paragraph (1) are authorized to 
     remain available until expended.
       ``(e) Limitation and Certification.--
       ``(1) Limitation.--A reward made under this section by the 
     Secretary of State may not exceed $5,000,000.
       ``(2) Approval of president or secretary of state.--A 
     reward under this section in an amount greater than $100,000 
     may not be made under the program under this section without 
     the approval of the President or the Secretary of State.
       ``(3) Approval of secretary of state.--Any reward granted 
     under the program under this section shall be approved and 
     certified for payment by the Secretary of State.
       ``(4) Prohibition.--Neither the President nor the Secretary 
     of State may delegate the authority under paragraph (2) to 
     any other officer or employee of the United States 
     Government.
       ``(5) Protection.--If the Secretary of State determines 
     that it is necessary to protect the identity of the recipient 
     of a reward or of the members of the recipient's immediate 
     family, the Secretary may take such measures in connection 
     with the payment of the reward as the Secretary considers 
     necessary to effect that protection.
       ``(f) Ineligibility.--An officer or employee of any 
     governmental entity who, while in the performance of the 
     official duties of that officer, furnishes information 
     described in subsection (b) shall not be eligible for a 
     reward under this section.

[[Page S199]]

       ``(g) Reports.--
       ``(1) In general.--
       ``(A) Post-award report.--Not later than 30 days after the 
     payment of any reward under this section, the Secretary of 
     State shall submit a report to the appropriate congressional 
     committees with respect to that reward.
       ``(B) Classified form.--If necessary, a report under 
     subparagraph (A) may be submitted in classified form.
       ``(C) Content of report.--A report submitted under 
     subparagraph (A) shall specify--
       ``(i) the amount of the reward paid;
       ``(ii) the recipient of the reward;
       ``(iii) the acts related to the information for which the 
     reward was paid; and
       ``(iv) the significance of the information for which the 
     reward was paid in dealing with the acts described under 
     clause (iii).
       ``(2) Annual report.--
       ``(A) In general.--Not later than 60 days after the end of 
     each fiscal year, the Secretary of State shall submit a 
     report to the appropriate congressional committees concerning 
     the operation of the rewards program under this section.
       ``(B) Contents of reports.--Each report under subparagraph 
     (A), shall provide information concerning--
       ``(i) the total amounts expended during the fiscal year 
     that is the subject of the report to carry out this section, 
     including amounts spent to publicize the availability of 
     rewards; and
       ``(ii) all requests made for the payment of rewards under 
     this section, including the reasons for the denial of any 
     such request.
       ``(h) Definitions.--In this section:
       ``(1) Act of international terrorism.--The term `act of 
     international terrorism' includes--
       ``(A) any act substantially contributing to the acquisition 
     of unsafeguarded special nuclear material (as that term is 
     defined in section 830(8) of the Nuclear Proliferation 
     Prevention Act of 1994 (108 Stat. 521)) or any nuclear 
     explosive device (as that term is defined in section 830(4) 
     of that Act (108 Stat. 521)) by an individual, group, or non-
     nuclear weapon state (as that term is defined in section 
     830(5) of that Act (108 Stat. 521));
       ``(B) any act, as determined by the Secretary of State, 
     that materially supports the conduct of international 
     terrorism, including the counterfeiting of United States 
     currency or the illegal use of other monetary instruments by 
     an individual, group, or country supporting international 
     terrorism as determined under section 6(j) of the Export 
     Administration Act of 1979; and
       ``(C) any act that would be a violation of chapter 113B of 
     title 18, United States Code, relating to terrorism.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate.
       ``(3) Member of the immediate family.--The term `member of 
     the immediate family' includes--
       ``(A) a spouse, parent, brother, sister, or child of the 
     individual;
       ``(B) a person to whom the individual stands in loco 
     parentis; and
       ``(C) any other person living in the individual's household 
     and related to the individual by blood or marriage.
       ``(4) United states narcotics laws.--The term `United 
     States narcotics laws' means the laws of the United States 
     for the prevention and control of illicit traffic in 
     controlled substances (as such term is defined in section 
     102(6) of the Controlled Substances Act (21 U.S.C. 802(6))).
       ``(i) Judicial Review.--A determination made by the 
     Secretary of State concerning whether to authorize a reward 
     under this section, or the amount of a reward, shall not be 
     subject to judicial review.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of State should pursue additional means of 
     funding the program established by section 36 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2708), 
     including the authority--
       (1) to seize and dispose of assets used in the commission 
     of any offense under sections 1028, 1541 through 1544, and 
     1546 of title 18, United States Code;
       (2) to retain the proceeds derived from the disposition of 
     the assets referred to in paragraph (1);
       (3) to participate in asset-sharing programs conducted by 
     the Department of Justice; and
       (4) to retain earnings accruing on all assets of foreign 
     countries blocked by the President pursuant to the 
     International Emergency Powers Act (50 U.S.C. 1701 et seq.) 
     to carry out the purposes of section 36 of the State 
     Department Basic Authorities Act of 1956.
                  Subtitle C--Commissions and Studies

     SEC. 331. NATIONAL COMMISSION ON TERRORISM.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Commission on Terrorism'' (in this 
     section referred to as the ``Commission'').
       (b) Membership.--
       (1) Number and appointment.--
       (A) In general.--The Commission shall be composed of 11 
     members, appointed from persons specially qualified by 
     training and experience to perform the duties of the 
     Commission, of whom--
       (i) 3 shall be appointed by the Speaker of the House of 
     Representatives, and 1 shall be appointed by the Minority 
     Leader of the House of Representatives;
       (ii) 3 shall be appointed by the Majority Leader of the 
     Senate, and 1 shall be appointed by the Minority Leader of 
     the Senate; and
       (iii) 3 shall be appointed by the President.
       (B) Timing of appointments.--The appointing authorities 
     shall make their appointments to the Commission not later 
     than 45 days after the date of enactment of this Act.
       (2) Designation of the chairperson and vice chairperson.--
     The Majority Leader of the Senate, in consultation with 
     Speaker of the House of Representatives, shall designate a 
     chairperson from the members of the Commission (in this 
     section referred to as the ``Chairperson''). The Speaker of 
     the House of Representatives and the Majority Leader of the 
     Senate shall jointly designate a vice chairperson from the 
     members of the Commission (in this section referred to as the 
     ``Vice Chairperson'').
       (3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in 
     Commission membership shall not affect the exercise of the 
     Commission's powers, and shall be filled in the same manner 
     as the original appointment.
       (c) Meetings.--
       (1) In general.--Not later than 60 days after the date on 
     which all initial members of the Commission are appointed 
     under subsection (b), the Commission shall hold its initial 
     meeting. Each subsequent meeting of the Commission shall be 
     held at the call of the Chairperson.
       (2) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (d) Security Clearances.--Appropriate security clearances 
     shall be required for each member of the Commission. Each 
     such clearance shall--
       (1) be processed and completed on an expedited basis by 
     appropriate elements of the executive branch of the Federal 
     Government; and
       (2) to the extent practicable, be completed not later than 
     90 days after the date on which the member is appointed.
       (e) Application of Certain Provisions of Law.--
       (1) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.), and the regulations issued 
     pursuant to that Act, shall not apply to the Commission.
       (2) Freedom of information act.--
       (A) In general.--Except as provided in subparagraph (B), 
     section 552 of title 5, United States Code (commonly known as 
     the ``Freedom of Information Act''), shall not apply to the 
     Commission.
       (B) Exceptions.--Records of the Commission shall be subject 
     to chapters 21 through 31 of title 44, United States Code. 
     Any such record that is transferred to the National Archives 
     and Records Agency shall not be exempt from section 552 of 
     title 5, United States Code.
       (f) Duties of the Commission.--
       (1) In general.--The Commission shall--
       (A) prepare and transmit the reports described in paragraph 
     (2);
       (B) examine the long-term strategy of the Federal 
     Government in addressing the threat of international 
     terrorism, including intelligence capabilities, international 
     cooperation, military responses, and technological 
     capabilities;
       (C) examine the efficacy and appropriateness of efforts of 
     the Federal Government to prevent, detect, investigate, and 
     prosecute acts of terrorism, including--
       (i) the coordination of counter terrorism efforts among 
     Federal departments and agencies, and coordination by the 
     Federal Government of law enforcement with State and local 
     law enforcement entities in responding to terrorist threats 
     and acts;
       (ii) the ability and utilization of counterintelligence or 
     counterterrorism efforts to infiltrate and disable or disrupt 
     international terrorist organizations and the activities of 
     those organizations;
       (iii) the impact of Federal immigration laws and policies 
     on acts of terrorism transcending national boundaries;
       (iv) the effectiveness of regulations and practices in 
     effect at the time of the examination relating to civil 
     aviation safety and security to prevent acts of terrorism, 
     including a study of--

       (I) the desirability of assigning, on a permanent basis, 
     personnel of the Federal Bureau of Investigation at high-risk 
     airports; and
       (II) the practicality and desirability of transferring 
     authority for United States airport security to an entity 
     other than the Federal Aviation Administration;

       (v) the extent and effectiveness of present cooperative 
     efforts with foreign nations to prevent, detect, investigate, 
     and prosecute acts of terrorism; and
       (vi)(I) the impact on counterterrorism efforts in use at 
     the time of the examination attributable to the failure to 
     expend and utilize resources made available, and authority 
     delegated by law for the implementation of enhanced counter 
     terrorism activities; and
       (II) the reasons why the resources referred to in subclause 
     (I) have not been expended in a timely manner; and
       (D) examine all laws (including statutes and regulations) 
     relating to--
       (i) the collection and dissemination of personal 
     information concerning individuals by

[[Page S200]]

     law enforcement or other governmental entities; and
       (ii) the necessity for additional protections to prevent 
     and deter the inappropriate collection and dissemination of 
     the information referred to in clause (i).
       (2) Reports.--
       (A) Initial report.--Not later than 2 months after the date 
     on which the initial meeting of the Commission is held, the 
     Commission shall transmit to the Committees on the Judiciary 
     of the House of Representatives and the Senate, the Committee 
     on Foreign Relations of the Senate, the Committee on 
     International Relations of the House of Representatives, the 
     Select Committee on Intelligence of the Senate, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives a report setting forth a plan for the work of 
     the Commission.
       (B) Interim reports.--Prior to the submission of the report 
     under subparagraph (C), the Commission may issue such interim 
     reports as the Commission determines to be necessary or 
     appropriate.
       (C) Final report.--
       (i) In general.--

       (I) Submission.--Not later than January 31, 1999, the 
     Commission shall submit to the President and to the Committee 
     on the Judiciary of the Senate, the Committee on the 
     Judiciary of the House of Representatives, the Committee on 
     Foreign Relations of the Senate, the Committee on 
     International Relations of the House of Representatives, the 
     Select Committee on Intelligence of the Senate, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives, a report that describes the activities, 
     findings, and recommendations of the Commission, including 
     any recommendations for the enactment of legislation that the 
     Commission considers advisable.
       (II) Availability of report.--To the extent feasible, the 
     final report shall be unclassified and made available to the 
     public. The report shall be supplemented as necessary by a 
     classified report or annex that shall be provided separately 
     to the President and the committees of the Congress listed in 
     subclause (I).

       (ii) Protection of individuals.--Prior to the submission of 
     a report under this paragraph--

       (I) the Commission shall forward a draft of the report to 
     the Director of Central Intelligence; and
       (II) the Director of Central Intelligence shall--

       (aa) review the report to ensure that disclosure of its 
     contents will not endanger the life or safety of any person; 
     and
       (bb) upon completion of the review, promptly provide 
     conclusions and recommendations to the Commission.
       (g) Powers.--
       (1) Hearings.--The Commission or, at its direction, any 
     panel or member of the Commission, may, for the purpose of 
     carrying out this section, hold hearings, sit and act at 
     times and places, take testimony, receive evidence, and 
     administer oaths to the extent that the Commission or any 
     panel or member considers advisable.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any intelligence agency or from any 
     other Federal department or agency any information that the 
     Commission considers necessary to enable the Commission to 
     carry out the responsibilities of the Commission under this 
     section. Upon request of the Chairperson, the head of any 
     such department or agency expeditiously shall furnish such 
     information to the Commission, unless the head of the 
     department or agency determines that providing such 
     information would threaten national security, the health or 
     safety of any individual, or the integrity of an ongoing 
     investigation or prosecution.
       (3) Postal, printing, and binding services.--The Commission 
     may use the United States mails and obtain printing and 
     binding services in the same manner and under the same 
     conditions as other departments and agencies of the Federal 
     Government.
       (4) Subcommittees.--
       (A) In general.--The Commission may establish panels 
     composed of less than the full membership of the Commission 
     for the purpose of carrying out the duties of the Commission.
       (B) Actions of panels.--The actions of each such panel 
     shall be subject to the review and control of the Commission.
       (C) Findings and determinations of panel.--Any findings and 
     determinations made by such a panel shall not be considered 
     the findings and determinations of the Commission unless 
     approved by the Commission.
       (5) Authority of individuals to act for commission.--Any 
     member or agent of the Commission may, if authorized by the 
     Commission, take any action that the Commission is authorized 
     to take under this section.
       (h) Personnel Matters.--
       (1) Compensation of members.--Each member of the Commission 
     who is not otherwise employed by the Federal Government shall 
     be paid, if requested, at a rate equal to the daily 
     equivalent of the annual rate of basic pay payable for level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code, for each day (including travel time) 
     during which the member is engaged in the performance of the 
     duties of the Commission. Each Federal officer or member of 
     the Commission who is otherwise an officer or employee of the 
     Federal Government (including any Member of Congress or 
     member of the Federal Judiciary) shall serve without 
     compensation in addition to that received for services as an 
     officer or employee of the Federal Government.
       (2) Travel expenses.--Each member of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Staff.--
       (A) In general.--
       (i) In general.--The Chairperson may, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, appoint a staff 
     director and such additional personnel as may be necessary to 
     enable the Commission to perform its duties.
       (ii) Staff director.--The staff director of the Commission 
     shall be a representative of the private sector. The 
     appointment shall be subject to the approval of the 
     Commission as a whole.
       (B) Compensation.--The Chairperson may fix the pay of the 
     staff director and other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that--
       (i) the rate of pay fixed under this paragraph for the 
     staff director may not exceed the rate payable for level V of 
     the Executive Schedule under section 5316 of such title; and
       (ii) the rate of pay for other personnel may not exceed the 
     maximum rate payable for grade GS-15 of the General Schedule.
       (4) Detail of government employees.--Upon the request of 
     the Chairperson, the head of any Federal department or agency 
     may detail, on a nonreimbursable basis, any personnel of that 
     department or agency to the Commission to assist it in 
     carrying out its administrative and clerical functions.
       (5) Procurement of temporary and intermittent services.--
     The Chairperson may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, at rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay payable for level 
     V of the Executive Schedule under section 5316 of such title.
       (i) Payment of Commission Expenses.--The compensation, 
     travel expenses, per diem allowances of members and employees 
     of the Commission, and other expenses of the Commission shall 
     be paid equally out of funds available to the Attorney 
     General, the Secretary of Defense, and the Secretary of State 
     for the payment of compensation, travel allowances, and per 
     diem allowances, respectively, of employees of the Department 
     of Justice, the Department of Defense, and the Department of 
     State.
       (j) Termination of the Commission.--The Commission shall 
     terminate 1 month after the date on which the final report is 
     submitted under subsection (f)(2)(C).
                     TITLE IV--COMMUNITY PROTECTION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Community Protection 
     Initiative of 1997''.
                 Subtitle A--Law Enforcement Assistance

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

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926A the 
     following:

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

       ``(a) In General.--Notwithstanding any provision of the law 
     of any State or any political subdivision of a State, an 
     individual may carry a concealed firearm if that individual 
     is--
       ``(1) a qualified law enforcement officer or a qualified 
     former law enforcement officer; and
       ``(2) carrying appropriate written identification.
       ``(b) Effect on Other Laws.--
       ``(1) Common carriers.--Nothing in this section shall be 
     construed to exempt from section 46505(B)(1) of title 49--
       ``(A) a qualified law enforcement officer who does not meet 
     the requirements of section 46505(D) of title 49; or
       ``(B) a qualified former law enforcement officer.
       ``(2) Federal laws.--Nothing in this section shall be 
     construed to supersede or limit any Federal law or regulation 
     prohibiting or restricting the possession of a firearm on any 
     Federal property, installation, building, base, or park.
       ``(3) State laws.--Nothing in this section shall be 
     construed to supersede or limit the laws of any State that--
       ``(A) grant rights to carry a concealed firearm that are 
     broader than the rights granted under this section;
       ``(B) permit private persons or entities to prohibit or 
     restrict the possession of concealed firearms on their 
     property; or
       ``(C) prohibit or restrict the possession of firearms on 
     any State or local government property, installation, 
     building, base, or park.
       ``(4) Definitions.--In this section:
       ``(A) Appropriate written identification.--The term 
     `appropriate written identification' means, with respect to 
     an individual, a document that--

[[Page S201]]

       ``(i) was issued to the individual by the public agency 
     with which the individual serves or served as a qualified law 
     enforcement officer; and
       ``(ii) identifies the holder of the document as a current 
     or former officer, agent, or employee of the agency.
       ``(B) Qualified law enforcement officer.--The term 
     `qualified law enforcement officer' means an individual who--
       ``(i) is presently authorized by law to engage in or 
     supervise the prevention, detection, or investigation of any 
     violation of criminal law;
       ``(ii) is authorized by the agency to carry a firearm in 
     the course of duty;
       ``(iii) meets any requirements established by the agency 
     with respect to firearms; and
       ``(iv) is not the subject of a disciplinary action by the 
     agency that prevents the carrying of a firearm.
       ``(C) Qualified former law enforcement officer.--The term 
     `qualified former law enforcement officer' means, an 
     individual who is--
       ``(i) retired from service with a public agency, other than 
     for reasons of mental disability;
       ``(ii) immediately before such retirement, was a qualified 
     law enforcement officer with that public agency;
       ``(iii) has a nonforfeitable right to benefits under the 
     retirement plan of the agency;
       ``(iv) was not separated from service with a public agency 
     due to a disciplinary action by the agency that prevented the 
     carrying of a firearm;
       ``(v) meets the requirements established by the State in 
     which the individual resides with respect to--

       ``(I) training in the use of firearms; and
       ``(II) carrying a concealed weapon; and

       ``(vi) is not prohibited by Federal law from receiving a 
     firearm.
       ``(D) Firearm.--The term `firearm' means, any firearm that 
     has, or of which any component has, traveled in interstate or 
     foreign commerce.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     44 of title 18, United States Code, is amended by inserting 
     after the item relating to section 926A the following:

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

     SEC. 421. SHORT TITLE.

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

     SEC. 422. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS.

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

     SEC. 423. AUTHORIZED USES OF FEDERAL GRANT FUNDS.

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

     SEC. 424. SELF DEFENSE FOR VICTIMS OF ABUSE.

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

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

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

     SEC. 502. JURY TRIAL IMPROVEMENTS.

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

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

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

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

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

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

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

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

       Section 924(c) of title 18, United States Code, is 
     amended--
       (1) by striking ``(c)'' and all that follows through 
     ``(2)'' and inserting the following:
       ``(c) Possession of Firearm During Commission of Crime of 
     Violence or Drug Trafficking Crime.--
       ``(1) Term of imprisonment.--
       ``(A) In general.--Except to the extent that a greater 
     minimum sentence is otherwise provided by this subsection or 
     by any other provision of law, any person who, during and in 
     relation to any crime of violence or drug trafficking crime 
     (including a crime of violence or drug trafficking crime that 
     provides for an enhanced punishment if committed by the use 
     of a deadly or dangerous weapon or device) for which a person 
     may be prosecuted in a court of the United States, uses, 
     carries, or possesses a firearm shall, in addition to the 
     punishment provided for such crime of violence or drug 
     trafficking crime--
       ``(i) be sentenced to a term of imprisonment of not less 
     than 5 years;
       ``(ii) if the firearm is discharged, be sentenced to a term 
     of imprisonment of not less than 10 years; and
       ``(iii) if the death of any person results, be sentenced to 
     a term of imprisonment for life or sentenced to death.
       ``(B) Exception for certain offenses.--If the firearm 
     possessed by a person convicted of a violation of this 
     subsection--

[[Page S202]]

       ``(i) is a short-barreled rifle, short-barreled shotgun, or 
     semiautomatic assault weapon, the person shall be--

       ``(I) sentenced to a term of imprisonment of not less than 
     10 years; and
       ``(II) if the death of any person results, sentenced to a 
     term of imprisonment for life or sentenced to death; and

       ``(ii) is a machinegun or a destructive device, or is 
     equipped with a firearm silencer or firearm muffler, the 
     person shall be--

       ``(I) sentenced to a term of imprisonment of not less than 
     30 years; and
       ``(II) if the death of any person results, sentenced to a 
     term of imprisonment for life or sentenced to death.

       ``(C) Exception for certain offenders.--In the case of a 
     second or subsequent conviction under this subsection, a 
     person shall be sentenced to a term of imprisonment for life.
       ``(D) Probation and concurrent sentences.--Notwithstanding 
     any other provision of law--
       ``(i) a court shall not place on probation or suspend the 
     sentence of any person convicted of a violation of this 
     subsection; and
       ``(ii) no term of imprisonment imposed on a person under 
     this subsection shall run concurrently with any other term of 
     imprisonment imposed on the person, including any term of 
     imprisonment imposed for the crime of violence or drug 
     trafficking crime during which the firearm was used, carried, 
     or possessed.
       ``(2) Definition of `drug trafficking crime'.--''; and
       (2) in paragraph (3)--
       (A) by striking ``(3) For'' and inserting the following:
       ``(3) Definition of `crime of violence'.--For''; and
       (B) by indenting each of subparagraphs (A) and (B) 2 ems to 
     the right.

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

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

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

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

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

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

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

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

     SEC. 526. INCREASED PENALTIES FOR INTERNATIONAL DRUG 
                   TRAFFICKING.

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

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

       (a) Amendments to Chapter 228.--Chapter 228 of title 18, 
     United States Code, is amended--
       (1) in section 3592(c), by striking paragraph (2) and 
     inserting the following:
       ``(2) Involvement of a firearm or previous conviction of 
     violent felony involving a firearm.--For any offense, other 
     than an offense for which a sentence of death is sought on 
     the basis of section 924(c), the defendant--
       ``(A) during and in relation to the commission of the 
     offense or in escaping or attempting to escape apprehension 
     used or possessed a firearm (as defined in section 921); or
       ``(B) has previously been convicted of a Federal or State 
     offense punishable by a term of imprisonment of more than 1 
     year, involving the use or attempted or threatened use of a 
     firearm (as defined in section 921) against another 
     person.'';
       (2) in section 3593--
       (A) in subsection (a)--
       (i) in the heading, by inserting ``and the Defendant'' 
     after ``Government'';
       (ii) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (iii) by striking ``If, in a case'' and inserting the 
     following:
       ``(1) In general.--If, in a case'';
       (iv) by designating the matter immediately following 
     subparagraph (B), as redesignated, as paragraph (3), and 
     indenting appropriately;
       (v) by inserting after paragraph (1) as redesignated, the 
     following:
       ``(2) Notice of any mitigating factors.--The defendant 
     shall, during a reasonable period of time before a hearing 
     under subsection (b), sign and file with the court a notice 
     setting forth the mitigating factor or factors, if any, upon 
     which the defendant intends to present information at the 
     hearing.''; and
       (vi) in paragraph (3), as redesignated--

       (I) by inserting ``by the attorney for the Government'' 
     after ``this subsection'';
       (II) by striking ``, and may include'' and all that follows 
     through ``relevant information'';
       (III) by inserting ``or the defendant'' after ``permit the 
     attorney for the government''; and
       (IV) by inserting ``under this subsection'' after ``to 
     amend the notice''.

       (B) in subsection (c)--
       (i) in the fourth sentence, by inserting ``for which notice 
     has been provided under subsection (a)'' after ``The 
     defendant may present any information relevant to a 
     mitigating factor''; and
       (ii) by inserting after the fifth sentence the following: 
     ``The information presented by the government in support of 
     factors concerning the effect of the offense on the victim 
     and the family of the victim may include oral testimony, a 
     victim impact statement that identifies the victim of the 
     offense and the nature and extent of harm and loss suffered 
     by the victim and the family of the victim, and any other 
     relevant information.''; and
       (C) in subsection (e), by striking ``shall consider'' and 
     all that follows through ``lesser sentence.'' and inserting 
     ``shall then consider whether the aggravating factor or 
     factors found to exist outweigh any mitigating factors. The 
     jury, or if there is no jury, the court shall recommend a 
     sentence of death if it unanimously finds not less than 1 
     aggravating factor and no mitigating factor or if it finds 
     one or more aggravating factors that outweigh any mitigating 
     factors. In any other case, it shall not recommend a sentence 
     of death. The jury shall be instructed that it must avoid any 
     influence of sympathy, sentiment, passion, prejudice, or 
     other arbitrary factors in its decision, and shall make such 
     a recommendation as the information warrants. The jury shall 
     be instructed that its recommendation concerning a sentence 
     of death is to be based on the aggravating factor or factors 
     and any mitigating factor or factors, but that the final 
     decision whether any evidence, in fact, is aggravating or 
     mitigating and concerning the balance of aggravating and 
     mitigating factors is a matter for the judgment of the 
     jury.''; and
       (3) in section 3595(c)(2), by striking the last sentence.
       (b) Uniformity of Procedures.--Section 408 of the 
     Controlled Substances Act (21 U.S.C. 848) is amended--
       (1) by striking subsections (g) through (p), (q) (1) 
     through (3), and (r); and
       (2) in subsection (q) by--
       (A) redesignating paragraphs (4) through (10) as paragraphs 
     (1) through (7), respectively; and
       (B) inserting ``(g)'' before ``(1)'' as redesignated.
       (c) Death During Commission of Another Crime.--Section 
     3592(c)(1) of title 18, United States Code, is amended by 
     striking ``of, or during the immediate flight from the 
     commission of,'' and inserting ``of a felony, or

[[Page S203]]

     during the immediate flight from the commission of a felony, 
     including''.
       (d) Aggravating Factors.--Section 3592(c) of title 18, 
     United States Code, is amended by inserting immediately after 
     paragraph (15) the following:
       ``(16) Other circumstances.--With regard to the capital 
     offense--
       ``(A) the victim was a custodial parent or legal guardian 
     of a child who was less than 18 years of age;
       ``(B) the offense was committed by a person imprisoned as a 
     result of a felony conviction;
       ``(C) the offense was committed for the purpose of 
     disrupting or hindering the lawful exercise of any government 
     or political function;
       ``(D) the victim was found to have been murdered due to the 
     association of the victim with a particular group, gang, 
     organization, or other entity;
       ``(E) the offense was committed by a person lawfully or 
     unlawfully at liberty after being sentenced to imprisonment 
     as a result of a felony conviction;
       ``(F) the offense was committed by means of a destructive 
     device, bomb, explosive, or similar device that the defendant 
     planted, hid, or concealed in any place, area, dwelling, 
     building, or structure, or mailed or delivered, or caused to 
     be planted, hidden, concealed, mailed, or delivered, and the 
     defendant knew that the actions of the defendant would create 
     a great risk of death to human life;
       ``(G) the offense was committed for the purpose of avoiding 
     or preventing an arrest or effecting an escape from custody;
       ``(H) the victim was a current or former judge or judicial 
     officer of any civilian, military, or tribal court of record 
     in the United States or the territories of the United States, 
     a law enforcement officer or official, and the murder was 
     intentionally carried out in retaliation for, or to prevent 
     the performance of, the official duties of the victim;
       ``(I) the defendant has been convicted of more than one 
     offense of murder in the first or second degree either in the 
     proceeding at bar or as the result of any prior proceeding;
       ``(J) the victim was a witness or a relative of a witness--
       ``(i) to a crime who was intentionally killed for the 
     purpose of preventing the testimony of any person in any 
     judicial or administrative proceeding, and the killing was 
     not committed during the commission or attempted commission 
     of the crime to which the testimony would be relevant; or
       ``(ii) in a judicial or administrative proceeding and was 
     intentionally killed in retaliation for the testimony of any 
     person in such proceeding;
       ``(K) the victim was an elected or appointed official of 
     former official of the Federal, State, local, or tribal 
     government, or a relative of such an official, and the 
     killing was intentionally carried out in retaliation for, or 
     to prevent the performance of, the official duties of the 
     victim;
       ``(L) the defendant intentionally killed the victim while 
     lying in wait;
       ``(M) the victim was intentionally killed because of the 
     race, color, gender, religion, nationality, or country of 
     origin of the victim;
       ``(N) the victim was a juror in any court of record in the 
     Federal, State, or local system in any State or judicial 
     district, and the murder was intentionally carried out in 
     retaliation for, or to prevent the performance of the 
     official duties of the victim;
       ``(O) the murder was intentional and was perpetrated by 
     means of discharging a firearm from a motor vehicle, whether 
     or not the motor vehicle was moving, intentionally at another 
     person or persons outside the vehicle;
       ``(P) the murder was committed against a person who was 
     held or otherwise detained as a shield or hostage;
       ``(Q) the murder was committed against a person who was 
     held or detained by the defendant for ransom or reward;
       ``(R) the defendant caused or directed another to commit 
     murder or committed murder as an agent or employee of another 
     person;
       ``(S) the victim was pregnant;
       ``(T) the victim was handicapped or severely disabled;
       ``(U) the victim was a child 16 years of age or younger;
       ``(V) at the time of the killing, the victim, or a relative 
     of the victim, was or had been a nongovernmental informant or 
     had otherwise provided any investigative, law enforcement, or 
     police agency with information concerning criminal activity, 
     and the killing was in retaliation for the activities of any 
     person as a nongovernmental informant or in providing 
     information concerning criminal activity to an investigative, 
     law enforcement, or police agency;
       ``(W) the murder was committed for the purpose of 
     interfering with the free exercise or enjoyment by the victim 
     of any right, privilege, or immunity protected by the first 
     amendment to the Constitution of the United States or because 
     the victim exercised or enjoyed said right; and
       ``(X) the victim was employed in a jail, correctional 
     facility, or halfway house, and was murdered while in the 
     lawful performance of the duties of the victim or in 
     retaliation for the lawful performance of the duties of the 
     victim.''.

     SEC. 542. MURDER OF WITNESS AS AGGRAVATING FACTOR.

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

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

       (a) In General.--Chapter 51 of title 18, United States 
     Code, is amended by adding at the end the following:

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

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

``1123. Capital punishment for murders in the District of Columbia.''.
   TITLE VI--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF 
                     METHAMPHETAMINE AND PRECURSORS

     SEC. 601. TRAFFICKING IN METHAMPHETAMINE PENALTY INCREASES.

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

     SEC. 602. REDUCTION OF SENTENCE FOR PROVIDING USEFUL 
                   INVESTIGATIVE INFORMATION.

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

     SEC. 603. IMPLEMENTATION OF A SENTENCE OF DEATH.

       (a) In General.--Section 3596(a) of title 18, United States 
     Code, is amended--
       (1) by striking ``pursuant to this chapter''; and
       (2) in the second sentence, by striking ``in the manner'' 
     and all that follows through the

[[Page S204]]

     end of the subsection and inserting ``pursuant to regulations 
     promulgated by the Attorney General.''.
       (b) Regulations.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall promulgate 
     regulations to provide for the implementation of a sentence 
     of death under section 3596 of title 18, United State Code.
       (c) In General.--Section 3597 of title 18, United States 
     Code, is amended--
       (1) by striking the section designation and the section 
     heading and inserting the following:

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

       (2) by striking subsection (a) and inserting the following:
       ``(a) In General.--A United States marshal charged with 
     supervising the implementation of a sentence of death shall 
     use appropriate Federal facilities for that purpose.''; and
       (3) in subsection (b), by striking ``any State department 
     of corrections,''.
       (d) Technical Amendment.--The chapter analysis for chapter 
     228 of title 18, United States Code, is amended by striking 
     item relating to section 3597 and inserting the following:

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

     SEC. 604. LIMITATION ON DRUG ENFORCEMENT ADMINISTRATOR 
                   TENURE.

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

     SEC. 605. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER 
                   CRIMINAL ACT PREDICATES.

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

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

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

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

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

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

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

     SEC. 702. DOMESTIC VIOLENCE ARREST GRANTS.

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

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

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

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

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

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

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

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

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

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

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

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

       (a) In General.--Chapter 109A of title 18, United States 
     Code, is amended by adding at the end the following:


[[Page S205]]



     ``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 section 
     40503(b) (5) through (7) of the Violent Crime Control Act of 
     1994 (42 U.S.C. 14011(b)).
       ``(4) Counseling.--Any test result of the defendant given 
     to the victim or the defendant must be accompanied by 
     appropriate counseling, unless the recipient does not wish to 
     receive such counseling.
       ``(e) Effect on Penalty.--The United States Sentencing 
     Commission shall amend the Federal sentencing guidelines for 
     sentences for offenses under this chapter to enhance the 
     sentence if the offender knew or had reason to know that the 
     offender was infected with the human immunodeficiency virus, 
     except if the offender did not engage or attempt to engage in 
     conduct creating a risk of transmission of the virus to the 
     victim.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     109A of title 18, United States Code, is amended by inserting 
     at the end the following:

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

     SEC. 801. AMENDMENTS TO ANTI-TERRORISM STATUTES.

       (a) Explosive Materials.--Section 844(f)(1) of title 18, 
     United States Code, is amended by inserting ``or any 
     institution or organization receiving Federal financial 
     assistance'' after ``or agency thereof,''; and
       (b) Biological Weapons.--(1)Section 178 of title 18, United 
     States Code, is amended by--
       (A) in paragraph (1), striking ``means any microorganism, 
     virus, or infectious substance, or biological product that 
     may be engineered as a result of biotechnology or any 
     naturally occurring or bioengineered component of any such 
     microorganism, virus, infectious substance, or biological 
     product'' and inserting ``means any microorganism (including 
     bacteria, viruses, fungi, rickettsiae or protozoa), or 
     infectious substance, or any naturally occurring, 
     bioengineered or synthesized component of any such 
     microorganism or infectious substance'';
       (B) in paragraph (2), striking ``means the toxic material 
     of plants, animals, microorganisms, viruses, fungi, or 
     infectious substances, or a recombinant molecule, whatever 
     its origin or method of production, including'' and inserting 
     ``means the toxic material or product of plants, animals, 
     microorganisms (including, but not limited to, bacteria, 
     viruses, fungi, rickettsiae or protozoa), or infectious 
     substances, or a recombinant or synthesized molecule, 
     whatever their origin and method of production, and 
     includes''; and
       (C) in paragraph (4), striking ``recombinant molecule, or 
     biological product that may be engineered as a result of 
     biotechnology'' and inserting ``recombinant or synthesized 
     molecule''.
       (2) Section 2332a of title 18, United States Code, is 
     amended by--
       (A) in subsection (a), striking ``, including any 
     biological agent, toxin, or vector (as those terms are 
     defined in section 178)''; and
       (B) in subsection (b)(2)(C), striking ``disease organism'' 
     and inserting ``any biological agent, toxin, or vector (as 
     those terms are defined in section 178 of this title)''.

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

       Section 1201(a) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of paragraph (4); and
       (2) by adding the following new paragraphs:
       ``(6) an individual travels in interstate or foreign 
     commerce in furtherance of the offense; or
       ``(7) the mail or a facility in interstate or foreign 
     commerce is used in furtherance of the offense;''.

     SEC. 803. EXPANSION OF SECTION 1959 OF TITLE 18 TO COVER 
                   COMMISSION OF ALL VIOLENT CRIMES IN AID OF 
                   RACKETEERING ACTIVITY AND INCREASED PENALTIES.

       Section 1959(a) of title 18, United States Code, is 
     amended--
       (1) by inserting ``or commits any other crime of violence'' 
     before ``or threatens to commit a crime of violence 
     against'';
       (2) in paragraph (4), by inserting ``committing any other 
     crime of violence or for'' before ``threatening to commit a 
     crime of violence'', and by striking ``five'' and inserting 
     ``ten'';
       (3) in paragraph (5) by striking ``ten'' and inserting 
     ``twenty'';
       (4) in paragraph (6) by striking ``or'' before ``assault 
     resulting in serious bodily injury,'', by inserting ``or any 
     other crime of violence'' after those same words, and by 
     striking ``three'' and inserting ``ten''; and
       (5) by inserting ``(as defined in section 1365 of this 
     title)'' after ``serious bodily injury'' the first place it 
     appears.

     SEC. 804. CONFORMING AMENDMENT TO CONSPIRACY PENALTY.

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

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

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

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

       Section 2101(a) of title 18, United States Code, is amended 
     by striking ``Shall be fined under this title, or imprisoned 
     not more than five years, or both'' and inserting ``Shall be 
     fined under this title or (i) if death results from such act, 
     be imprisoned for any term of years or for life, or both, or 
     may be sentenced to death; (ii) if serious bodily injury (as 
     defined in section 1365 of this title) results from such act, 
     be imprisoned for not more than twenty years, or both; or 
     (iii) in any other case, be imprisoned for not more than five 
     years, or both''.

[[Page S206]]

     SEC. 807. ELIMINATION OF UNJUSTIFIED SCIENTER ELEMENT FOR 
                   CARJACKING.

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

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

       Title 18, United States Code, is amended by adding after 
     chapter 211 the following:


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

     ``Sec. 3261. Criminal offenses committed by persons formerly 
       serving with, or presently employed by or accompanying, the 
       armed forces outside the United States

       ``(a) Whoever, while serving with, employed by, or 
     accompanying the armed forces outside the United States, 
     engages in conduct which would constitute an offense 
     punishable by imprisonment for more than one year if the 
     conduct had been engaged in within the special maritime and 
     territorial jurisdiction of the United States, shall be 
     guilty of a like offense and subject to a like punishment.
       ``(b) Nothing contained in this chapter deprives courts-
     martial, military commissions, provost courts, or other 
     military tribunals of concurrent jurisdiction with respect of 
     offenders or offenses that by statute or by the law of war 
     may be tried by courts-martial, military commissions, provost 
     courts, or other military tribunals.
       ``(c) No prosecution may be commenced under this section if 
     a foreign government, in accordance with jurisdiction 
     recognized by the United States, has prosecuted or is 
     prosecuting such person for the conduct constituting such 
     offense, except upon the approval of the Attorney General of 
     the United States or the Deputy Attorney General of the 
     United States (or a person acting in either such capacity), 
     which function of approval may not be delegated.''
       ``(d)(1) The Secretary of Defense may designate and 
     authorize any person serving in a law enforcement position in 
     the Department of Defense to arrest outside the United States 
     any person described in subsection (a) of this section who 
     there is probable cause to believe engaged in conduct which 
     constitutes a criminal offense under such section.
       ``(2) A person arrested under paragraph (1) of this section 
     shall be released to the custody of civilian law enforcement 
     authorities of the United States for removal to the United 
     States for judicial proceedings in relation to conduct 
     referred to in such paragraph unless--
       ``(A) such person is delivered to authorities of a foreign 
     country under section 3262 of this title; or
       ``(B) such person has had charges preferred against him 
     under chapter 47 of title 10 for such conduct.

     ``Sec. 3262. Delivery to authorities of foreign countries

       ``(a) Any person designated and authorized under section 
     3261(d) of this title may deliver a person described in 
     section 3261(a) of this title to the appropriate authorities 
     of a foreign country in which such person is alleged to have 
     engaged in conduct described in such subsection (a) of this 
     section if--
       ``(1) the appropriate authorities of that country request 
     the delivery of the person to such country for trial for such 
     conduct as an offense under the laws of that country; and
       ``(2) the delivery of such person to that country is 
     authorized by a treaty or other international agreement to 
     which the United States is a party.
       ``(b) The Secretary of Defense shall determine what 
     officials of a foreign country constitute appropriate 
     authorities for the purpose of this section.

     ``Sec. 3263. Regulations

       ``The Secretary of Defense shall issue regulations 
     governing the apprehension, detention, and removal of persons 
     under this chapter. Such regulations shall be uniform 
     throughout the Department of Defense.

     ``Sec. 3264. Definitions for chapter

       As used in this chapter--
       ``(1) a person is ``employed by the armed forces outside 
     the United States''--
       (i) if he or she is employed as a civilian employee of a 
     military department or of the Department of Defense, as a 
     Department of Defense contractor, or as an employee of a 
     Department of Defense contractor;
       (ii) is present or residing outside the United States in 
     connection with such employment; and
       (iii) is not a national of the host nation.
       ``(2) a person is ``accompanying the armed forces outside 
     the United States'' if he or she--
       (i) is a dependent of a member of the armed forces;
       (ii) is a dependent of a civilian employee of a military 
     department or of the Department of Defense;
       (iii) is residing with the member or civilian employee 
     outside the United States; and
       (iv) is not a national of the host nation.''.

     SEC. 809. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR HIRE.

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

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

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

     SEC. 811. VIOLENCE DIRECTED AT DWELLINGS IN INDIAN COUNTRY.

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

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

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

     SEC. 822. APPEALS FROM CERTAIN DISMISSALS.

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

     SEC. 823. ELIMINATION OF OUTMODED CERTIFICATION REQUIREMENT.

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

     SEC. 824. IMPROVEMENT OF HATE CRIMES SENTENCING PROCEDURE.

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

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

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

     SEC. 826. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF 
                   PROBATION OR SUPERVISED RELEASE WHEN REDUCING A 
                   SENTENCE OF IMPRISONMENT IN CERTAIN CASES.

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

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

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

     SEC. 841. CLARIFICATION OF SCIENTER REQUIREMENT FOR RECEIVING 
                   PROPERTY STOLEN FROM AN INDIAN TRIBAL 
                   ORGANIZATION.

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

     SEC. 842. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL 
                   STAMP VENDING MACHINES.

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

     SEC. 843. THEFT OF VESSELS.

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

[[Page S207]]

     title 18, United States Code, are each amended by striking 
     ``motor vehicle or aircraft'' and inserting ``motor vehicle, 
     vessel, or aircraft''.

     SEC. 844. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION 
                   OF JUSTICE BY NOTIFICATION OF EXISTENCE OF A 
                   SUBPOENA FOR RECORDS IN CERTAIN TYPES OF 
                   INVESTIGATIONS.

       Section 1510(b)(3)(B) of title 18, United States Code, is 
     amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iii) the Controlled Substances Act, the Controlled 
     Substances Import and Export Act, or section 6050I of the 
     Internal Revenue Code of 1986.''.

     SEC. 845. INJUNCTIONS AGAINST COUNTERFEITING AND FORGERY.

       (a) In General.--Chapter 25 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 514. Injunctions against counterfeiting and forgery

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

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

                  Subtitle D--Miscellaneous Provisions

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

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

     SEC. 862. CLARIFICATION OF INAPPLICABILITY TO CERTAIN 
                   DISCLOSURES.

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

     SEC. 863. CONFORMING AMENDMENTS RELATING TO SUPERVISED 
                   RELEASE.

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

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

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

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

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

     SEC. 866. COVERAGE OF FOREIGN BANK BRANCHES IN THE 
                   TERRITORIES.

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

     SEC. 867. CONFORMING STATUTE OF LIMITATIONS AMENDMENT FOR 
                   CERTAIN BANK FRAUD OFFENSES.

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

     SEC. 868. CLARIFYING AMENDMENT TO SECTION 704.

       Section 704(b)(2) of title 18, United States Code, is 
     amended by striking ``with respect to a Congressional Medal 
     of Honor''.
                        TITLE IX--PRISON REFORM
                  Subtitle A--Prison Litigation Reform

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

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

     SEC. 902. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

       Section 3626 of title 18, United States Code is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B)(i), by striking ``permits'' and 
     inserting ``requires''; and
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking ``no prisoner release 
     order shall be entered unless--'' and inserting ``no court 
     shall enter a prisoner release order unless--'';
       (ii) in subparagraph (B), by--

       (I) striking ``(B) In'' and inserting ``(B)(i) In''; and
       (II) striking ``title 28 if the requirements of 
     subparagraph (E) have been met'' and inserting ``title 28'';

       (iii) by redesignating subparagraph (C) as clause (ii);
       (iv) by redesignating subparagraph (D) as clause (iii);
       (v) in subparagraph (E), by striking ``The three-judge 
     court shall enter a prisoner release order only if'' and 
     inserting ``In any civil action with respect to prison 
     conditions, no court shall enter a prisoner release order 
     unless the requirements of subparagraph (A) have been met 
     and'';
       (vi) by redesignating subparagraph (E) as subparagraph (B) 
     and redesignating current subparagraph (B) as subparagraph 
     (C) and current subparagraph (F) as subparagraph (D); and
       (vii) in subparagraph (D), as redesignated, by striking 
     ``program'' and inserting ``prison'';
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``the court makes written 
     findings based on the record that prospective relief remains 
     necessary to correct a current or ongoing violation of the 
     Federal right, extends no further than necessary to correct 
     the violation of the Federal right, and that the prospective 
     relief is narrowly drawn and the least intrusive means to 
     correct the violation'' and inserting ``the plaintiff 
     establishes by a preponderance of the evidence and the court 
     makes written findings based on the record that there is a 
     current and ongoing violation of a Federal right, that 
     prospective relief remains necessary to correct the current 
     and ongoing violation of that Federal right, and that the 
     relief extends no further than necessary to correct the 
     current and ongoing violation of the Federal right, is 
     narrowly drawn, and is the least intrusive means to correct 
     the current and ongoing violation of the Federal right''; and
       (B) by striking ``or (2)'' in paragraph 5, as redesignated;
       (3) in subsection (e)--
       (A) in paragraph (2), by striking ``Any prospective relief 
     subject to a pending motion shall be automatically stayed 
     during the period--'' and inserting ``Any motion to modify or 
     terminate prospective relief made under subsection (b) shall 
     operate as a stay during the period--'' ; and
       (B) by adding the following:
       ``(3) Order refusing to impose stay.--Any order staying or 
     suspending the operation of the automatic stay described in 
     paragraph (2) shall be treated as an order refusing to 
     dissolve or modify an injunction and shall be appealable 
     pursuant to section 1292(a)(1) of title 28, United States 
     Code, regardless of how the order is styled and whether it is 
     termed a preliminary or a final ruling.
       ``(4) Intervention.--The court shall rule within 30 days on 
     any motion to intervene as of right under subsection 
     (a)(3)(D). Mandamus shall lie to remedy any failure to act on 
     such a motion. Any State or local official or unit of 
     government seeking to intervene as of right pursuant to 
     subsection (a)(3)(D) may simultaneously file a motion to 
     modify or terminate a prisoner release order. If the motion 
     to intervene has not been denied by the 30th day after the 
     motion to modify or terminate has been filed, in the case of 
     a motion made under paragraph (1) or (2), or by the 180th day 
     after the motion to modify or terminate has been filed, in 
     the case of a motion made pursuant to any other law, the 
     motion to modify or terminate shall operate as a stay of the 
     prospective relief pursuant to the provisions of paragraph 
     (2) beginning on the 30th or 180th day, respectively, and 
     ending either on the date the court enters a final order 
     denying the motion to intervene, or, if the court grants the 
     motion to intervene, on the date that the court enters a 
     final order ruling on the motion to terminate or modify the 
     relief.'';
       (6) in subsection (f)--
       (A) after ``Special Masters'' by inserting ``In any civil 
     action in a federal court with respect to prison 
     conditions'';
       (B) In paragraph (1)(A), by striking from ``In any civil 
     action'' through ``prison conditions, the'' and inserting 
     ``The'';
       (C) in paragraphs (1)(B) and (3), by striking ``under this 
     subsection'';
       (D) in paragraph (4), by striking ``under this section''; 
     and
       (E) in paragraph (6), by striking ``appointed under this 
     subsection'';
       (F) in paragraph (2)(A), by striking ``institution''; and

[[Page S208]]

       (G) in paragraph (2), by adding at the end the following:
       ``(D) The requirements of this paragraph shall apply only 
     to special masters appointed after the date of enactment of 
     the Prison Litigation Reform Act of 1995.'';
       (H) in paragraph (4), by adding at the end the following: 
     ``In no event shall the court require the parties to pay the 
     compensation, expenses or costs of the special master.'';
       (I) in paragraph (5), by striking from ``In any civil 
     action'' through ``subsection, the'' and inserting ``The''; 
     and
       (J) in paragraph (6)--
       (i) in subparagraph (A), by striking ``hearings'' and 
     inserting ``hearings on the record''; and by striking ``and 
     prepare proposed findings of fact, which shall be made on the 
     record'' and inserting ``, and shall make any findings based 
     on the record as a whole'';
       (ii) in subparagraph (B), by adding ``and'' at the end;
       (iii) by striking subparagraph (C); and
       (iv) by redesignating subparagraph (D) as subparagraph (C); 
     and
       (7) in subsection (g)--
       (A) in paragraph (1), by striking ``settlements'' and 
     inserting ``settlement agreements'';
       (B) in paragraph (3)--
       (i) by inserting ``Federal, State, local, or other'' before 
     ``facility'';
       (ii) by striking ``violations'' and inserting ``a 
     violation'';
       (iii) by striking ``terms and conditions'' and inserting 
     ``terms or conditions''; and
       (iv) by inserting ``or other post-conviction conditional or 
     supervised release,'' after ``probation,'';
       (C) in paragraph (5), by striking ``or local facility'' and 
     inserting ``local, or other facility'';
       (D) in paragraph (8), by striking ``inherent'';
       (E) in paragraph (9), by striking ``agreements.'' and 
     inserting ``agreements;'';
       (F) by reversing the order of paragraphs (8) and (9);
       (G) by inserting at the end of the subsection the following 
     new paragraph:
       ``(10)(A) the term `violation of a Federal right' means a 
     violation of a Federal constitutional or Federal statutory 
     right;
       ``(B) The term `violation of a Federal right' does not 
     include a violation of a court order that is not 
     independently a violation of a Federal statutory or Federal 
     constitutional right;
       ``(C) The term `violation of a Federal right' shall not be 
     interpreted to expand the authority of any individual or 
     class to enforce the legal rights that individual or class 
     may have pursuant to existing law with regard to 
     institutionalized persons, or to expand the authority of the 
     United States to enforce those rights on behalf of any 
     individual or class.''; and
       (H) by renumbering the paragraphs.

     SEC. 903. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

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

     SEC. 904. PROCEEDINGS IN FORMA PAUPERIS.

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

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

       (a)Amendment.--Chapter 123 of title 28, United States Code, 
     is amended--
       (1) by inserting after section 1915A the following new 
     section:

     ``Sec. 1915B. Notice to state authorities of finding of 
       malicious filing by a prisoner

       ``(1) Finding.--In any civil action brought in Federal 
     court by a prisoner (other than a prisoner confined in a 
     Federal correctional facility), the court may, on its own 
     motion or the motion of any adverse party, make a finding 
     whether--
       ``(A) the claim was filed for a malicious purpose;
       ``(B) the claim was filed to harass the party against which 
     it was filed; or
       ``(C) the claimant testified falsely or otherwise knowingly 
     presented false evidence or information to the court.
       ``(2) The court shall transmit to the State Department of 
     Corrections or other appropriate authority any affirmative 
     finding under paragraph (1). If the court makes such a 
     finding, the Department of Corrections or other appropriate 
     authority may, pursuant to State or local law--
       (A) revoke such amount of good time credit or the 
     institutional equivalent accrued to the prisoner as is deemed 
     appropriate; or
       (B) consider such finding in determining whether the 
     prisoner should be released from

[[Page S209]]

     prison under any other state or local program governing the 
     release of prisoners, including parole, probation, other 
     post-conviction or supervised release, or diversionary 
     program.'';
       (2) by redesignating subsection 1915A(c) as section 1915C, 
     and in that section, as redesignated--
       (A) by striking "this section" and inserting "sections 
     1915A and 1915B";
       (B) by inserting ``Federal, State, local, or other'' before 
     ``facility'';
       (C) by striking ``violations'' and inserting ``a 
     violation'';
       (D) by striking ``terms and conditions'' and inserting 
     ``terms or conditions''; and
       (E) by inserting ``or other post-conviction conditional or 
     supervised release,'' after ``probation,''; and
       (3) by inserting in the analysis for chapter 123 of title 
     28, United States Code, and as further amended by this Act, 
     after the item relating to section 1915A the following new 
     items:

     ``1915B. Notice to State authorities of malicious filing by 
       prisoner."; and

     ``1915C. Definition.''.

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

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

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

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

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

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

     SEC. 908. RELEASE OF PRISONER.

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

     SEC. 909. EFFECTIVE DATE.

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

     SEC. 911. PRISON COMMUNICATIONS.

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

     SEC. 912. PRISON AMENITIES AND PRISONER WORK REQUIREMENT.

       (a) In General.--Chapter 303 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4048. Certain amenities for prisoners prohibited

       ``(a) In General.--Except as provided in subsection (b), 
     the Bureau of Prisons shall ensure that no prisoner or 
     detainee under its jurisdiction--
       ``(1) engages in any physical activity designed to increase 
     or enhance the fighting ability of the prisoner or detainee;
       ``(2) engages in any physical activity designed to increase 
     the physical strength of such prisoner or detainee; or
       ``(3) is permitted--
       ``(A) access to in-cell television viewing, except for 
     prisoners segregated from the general prison population for 
     their own safety;
       ``(B) access to the viewing of any movie or film, through 
     whatever medium presented, that has been given a Motion 
     Picture Association of America rating of NC-17, R, or X;
       ``(C) possession of any in-cell coffee pot, hot plate, or 
     other heating element;
       ``(D) access to any pornographic or other sexually explicit 
     printed material;
       ``(E) access to any bodybuilding or weightlifting 
     equipment; or
       ``(F) use or possession of any electric or electronic 
     musical equipment.
       ``(b) Exception for Certain Prisoners.--The Director of the 
     Bureau of Prisons may grant an exception to paragraph (2) or 
     (3)(E) of subsection (a) with respect to a prisoner or 
     detainee, if a licensed medical doctor employed by the Bureau 
     of Prisons certifies that such exception is medically 
     necessary in order to enable the prisoner or detainee to 
     pursue a program of physical therapy or rehabilitation.
       ``(c) Effect on Other Regulations.--Nothing in the section 
     shall be construed to preempt or repeal any regulation or 
     policy of the Bureau of Prisons that imposes greater 
     restrictions on prisoners and detainees than those required 
     by this section, or to prevent the adoption by the Bureau of 
     Prisons of any restriction 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 on behalf of any 
     person against the United States or any officer, employee, or 
     contractor thereof.

     ``Sec. 4049. Prisoner work requirement

       ``(a) In General.--Subject to subsection (b), the Director 
     of the Bureau of Prisons shall ensure that each convicted 
     inmate in the custody of the Attorney General and confined in 
     any Federal prison, correctional facility, jail, or other 
     facility shall be engaged in work. The type of work that a 
     particular inmate shall be engaged in shall be determined on 
     the basis of appropriate security and disciplinary 
     considerations and by the health of the inmate.
       ``(b) Excuse.--An inmate described in subsection (a) may be 
     excused from the requirement of subsection (a) in whole or in 
     part, only as necessitated by--
       ``(1) security considerations;
       ``(2) disciplinary action;
       ``(3) medical certification of disability, such as would 
     make it impractical for prison officials to arrange useful 
     work for the inmate to perform; or
       ``(4) a need for the inmate to work less than a full work 
     schedule in order to participate in literacy training, drug 
     rehabilitation, or other similar program in addition to 
     performing work.
       ``(c) No Compensation.--Nothing in this section shall be 
     construed to entitle any inmate to any wage, compensation, or 
     benefit, or be construed to provide a cause of action by or 
     on behalf of any person against the United States or any 
     officer, employee, or contractor thereof.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     303 of title 18, United States Code, is amended by adding at 
     the end the following:

``4048. Certain prisoner amenities prohibited.
``4049. Prisoner work requirement.''.

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

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

[[Page S210]]

     paragraphs (3), (4), and (6), as paragraphs (1), (2), and 
     (3), respectively.
                   TITLE X--MISCELLANEOUS PROVISIONS

     SEC. 1001. SENSE OF THE SENATE REGARDING ONDCP.

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

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

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

     SEC. 1003. ANTI-DRUG USE PUBLIC SERVICE REQUIREMENT.

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

     SEC. 1004. CHILD PORNOGRAPHY.

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

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

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

     SEC. 1006. CELLULAR TELEPHONE INTERCEPTIONS.

       Subsection 2511 of title 18, United States Code, is amended 
     by inserting ``, imprisoned not more than 1 year, or both'' 
     after ``under this title''.
            TITLE XI--VIOLENT AND REPEAT JUVENILE OFFENDERS

     SEC. 1101. SHORT TITLE.

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

     SEC. 1102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) at the outset of the twentieth century, the States 
     adopted 2 separate juvenile justice systems for violent and 
     nonviolent offenders;
       (2) violent crimes committed by juveniles, such as 
     homicide, rape, and robbery, were an unknown phenomenon at 
     that time, but the rate at which juveniles commit such crimes 
     has escalated astronomically since that time;
       (3) in 1994--
       (A) the number of persons arrested overall for murder in 
     the United States decreased by 5.8 percent, but the number of 
     persons who are less than 15 years of age arrested for murder 
     increased by 4 percent; and
       (B) the number of persons arrested for all violent crimes 
     increased by 1.3 percent, but the number of persons who are 
     less than 15 years of age arrested for violent crimes 
     increased by 9.2 percent, and the number of persons less than 
     18 years of age arrested for such crimes increased by 6.5 
     percent;
       (4) from 1985 to 1996, the number of persons arrested for 
     all violent crimes increased by 52.3 percent, but the number 
     of persons under age 18 arrested for violent crimes rose by 
     75 percent;
       (5) the number of juvenile offenders is expected to undergo 
     a massive increase during the first 2 decades of the twenty-
     first century, culminating in an unprecedented number of 
     violent offenders who are less than 18 years of age;
       (6) the rehabilitative model of sentencing for juveniles, 
     which Congress rejected for adult offenders when Congress 
     enacted the Sentencing Reform Act of 1984, is inadequate and 
     inappropriate for dealing with violent and repeat juvenile 
     offenders;
       (7) the Federal Government should encourage the States to 
     experiment with progressive solutions to the escalating 
     problem of juveniles who commit violent crimes and who are 
     repeat offenders, including prosecuting all such offenders as 
     adults, but should not impose specific strategies or programs 
     on the States;
       (8) an effective strategy for reducing violent juvenile 
     crime requires greater collection of investigative data and 
     other information, such as fingerprints and DNA evidence, as 
     well as greater sharing of such information among Federal, 
     State, and local agencies, including the courts, in the law 
     enforcement and educational systems;
       (9) data regarding violent juvenile offenders must be made 
     available to the adult criminal justice system if recidivism 
     by criminals is to be addressed adequately;
       (10) holding juvenile proceedings in secret denies victims 
     of crime the opportunity to attend and be heard at such 
     proceedings, helps juvenile offenders to avoid accountability 
     for their actions, and shields juvenile proceedings from 
     public scrutiny and accountability;
       (11) the injuries and losses suffered by the victims of 
     violent crime are no less painful or devastating because the 
     offender is a juvenile; and
       (12) the investigation, prosecution, adjudication, and 
     punishment of criminal offenses committed by juveniles is, 
     and should

[[Page S211]]

     remain, primarily the responsibility of the States, to be 
     carried out without interference from the Federal Government.
       (b) Purposes.--The purposes of this title are--
       (1) to reform juvenile law so that the paramount concerns 
     of the juvenile justice system are providing for the safety 
     of the public and holding juvenile wrongdoers accountable for 
     their actions, while providing the wrongdoer a genuine 
     opportunity for self reform;
       (2) to revise the procedures in Federal court that are 
     applicable to the prosecution of juvenile offenders;
       (3) to address specifically the problem of violent crime 
     and controlled substance offenses committed by youth gangs; 
     and
       (4) to encourage and promote, consistent with the ideals of 
     federalism, adoption of policies by the States to ensure that 
     the victims of crimes of violence committed by juveniles 
     receive the same level of justice as do victims of violent 
     crimes that are committed by adults.

     SEC. 1103. SEVERABILITY.

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

     SEC. 1111. REPEAL OF GENERAL PROVISION.

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

     SEC. 1112. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

       (a) In General.--Section 5032 of title 18, United States 
     Code, is amended to read as follows:

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

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

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

     SEC. 1113. CAPITAL CASES.

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

     SEC. 1114. DEFINITIONS.

       Section 5031 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 5031. Definitions

       ``In this chapter--
       ``(1) the term `juvenile' means a person who is less than 
     18 years of age; and
       ``(2) the term `juvenile delinquency' means the violation 
     of a law of the United States committed by a juvenile that 
     would be a crime if committed by an adult.''.

     SEC. 1115. NOTIFICATION AFTER ARREST.

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

     SEC. 1116. DETENTION PRIOR TO DISPOSITION.

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

     SEC. 1117. SPEEDY TRIAL.

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

     SEC. 1118. DISPOSITIONAL HEARINGS.

       Section 5037 of title 18, United States Code, is amended--
       (1) in subsection (a), by striking ``(a)'' and all that 
     follows through ``After the'' and inserting the following:
       ``(a) In General.--
       ``(1) Dispositional hearing.--In any case in which a 
     juvenile is found to be a juvenile delinquent in district 
     court pursuant to section 5032, but is not tried as an adult 
     under that section, not later than 20 days after the hearing 
     in which a finding of juvenile delinquency is made, the court 
     shall hold a disposition hearing concerning the appropriate 
     disposition unless the court has ordered further study 
     pursuant to subsection (d).
       ``(2) Actions of court after hearing.--After the'';
       (2) in subsection (b), by striking ``extend--'' and all 
     that follows through ``The provisions'' and inserting the 
     following: ``extend, in the case of a juvenile, beyond the 
     maximum term that would be authorized by section 3561(b), if 
     the juvenile had been tried and convicted as an adult. The 
     provisions'';
       (3) in subsection (c), by striking ``extend--'' and all 
     that follows through ``Section 3624''

[[Page S212]]

     and inserting the following: ``extend beyond the maximum term 
     of imprisonment that would be authorized if the juvenile had 
     been tried and convicted as an adult. No juvenile sentenced 
     to a term of imprisonment shall be released from custody 
     simply because the juvenile reaches the age of 18 years. 
     Section 3624'';
       (4) by redesignating subsection (d) as subsection (e); and
       (5) by inserting after subsection (c) the following:
       ``(d) Applicability of Restitution Provisions.--If a 
     juvenile has been tried and convicted as an adult, or 
     adjudicated delinquent for any offense in which the juvenile 
     is otherwise tried pursuant to section 5032, the restitution 
     provisions contained in this title (including sections 3663, 
     3663A, 2248, 2259, 2264, and 2327) and title 21 shall apply 
     to that juvenile in the same manner and to the same extent as 
     those provisions apply to adults.''.

     SEC. 1119. USE OF JUVENILE RECORDS.

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

     SEC. 1120. INCARCERATION OF VIOLENT OFFENDERS.

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

     SEC. 1121. FEDERAL SENTENCING GUIDELINES.

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

     SEC. 1141. SHORT TITLE.

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

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

       (a) Definition.--In this section, the term ``criminal 
     street gang'' has the same meaning as in section 521(a) of 
     title 18, United States Code, as amended by section 1243 of 
     this subtitle.
       (b) Amendment of Sentencing Guidelines.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, the United States Sentencing Commission shall amend the 
     Federal sentencing guidelines to provide an appropriate 
     enhancement, increasing the offense level by not less than 6 
     levels, for any offense, if the offense was both committed in 
     connection with, or in furtherance of, the activities of a 
     criminal street gang and the defendant was a member of the 
     criminal street gang at the time of the offense.
       (c) Construction With Other Guidelines.--The amendment made 
     pursuant to subsection (b) shall provide that the increase in 
     the offense level shall be in addition to any other 
     adjustment under chapter 3 of the Federal sentencing 
     guidelines.

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

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

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

       (a) Travel Act Amendments.--
       (1) Prohibited conduct and penalties.--Section 1952(a) of 
     title 18, United States Code, is amended to read as follows:
       ``(a) Prohibited Conduct and Penalties.--
       ``(1) In general.--Any person who--

[[Page S213]]

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

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

       (a) Prohibited Acts.--Chapter 26 of title 18, United States 
     Code, is amended by adding at the end the following:

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

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

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

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

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

     SEC. 1147. PROHIBITIONS RELATING TO FIREARMS.

       (a) Penalties.--Section 924(a)(6) of title 18, United 
     States Code, is amended--
       (1) by striking subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (A);
       (3) in subparagraph (A), as redesignated--
       (A) by striking ``(B) A person other than a juvenile who 
     knowingly'' and inserting ``(A) A person who knowingly'';
       (B) in clause (i), by striking ``not more than 1 year'' and 
     inserting ``not less than 1 year and not more than 5 years''; 
     and
       (C) in clause (ii), by inserting ``not less than 1 year 
     and'' after ``imprisoned''; and
       (4) by adding at the end the following:
       ``(B) Notwithstanding subparagraph (A), no mandatory 
     minimum sentence shall apply to a juvenile who is less than 
     13 years of age.''.
       (b) Serious Juvenile Drug Offenses as Armed Career Criminal 
     Predicates.--Section 924(e)(2)(A) of title 18, United States 
     Code, is amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by adding ``or'' at the end; and
       (3) by adding at the end the following:
       ``(iii) any act of juvenile delinquency that if committed 
     by an adult would be an offense described in clause (i) or 
     (ii);''.
       (c) Transfer of Firearms to Minors for Use in Crime.--
     Section 924(h) of title 18, United States Code, is amended by 
     striking ``10 years, fined in accordance with this title, or 
     both'' and inserting ``10 years, and if the transferee is a 
     person who is under 18 years of age, imprisoned for a term of 
     not less than 3 years, fined in accordance with this title, 
     or both''.

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

       (a) Definitions.--In this section--
       (1) the term ``body armor'' means any product sold or 
     offered for sale as personal protective body covering 
     intended to protect against gunfire, regardless of whether 
     the product is to be worn alone or is sold as a complement to 
     another product or garment; and
       (2) the term ``law enforcement officer'' means any officer, 
     agent, or employee of the United States, a State, or a 
     political subdivision of a State, authorized by law or by a 
     government agency to engage in or supervise the prevention, 
     detection, investigation, or prosecution of any violation of 
     criminal law.
       (b) Sentencing Enhancement.--The United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     provide an appropriate sentencing enhancement, increasing the 
     offense level not less than 2 levels, for any crime in which 
     the defendant used body armor.
       (c) Applicability.--No Federal sentencing guideline 
     amendment made pursuant to this section shall apply if the 
     Federal crime in which the body armor is used constitutes a 
     violation of, attempted violation of, or conspiracy to 
     violate the civil rights of a person by a law enforcement 
     officer acting under color of the authority of such law 
     enforcement officer.

     SEC. 1149. ADDITIONAL PROSECUTORS.

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

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

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

[[Page S214]]

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

     ``SEC. 101. FINDINGS.

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

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

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

     ``SEC. 103. DEFINITIONS.

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

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

       (a) Office of Juvenile Crime Control and Accountability.--
     Section 201 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5611) is amended--
       (1) in subsection (a), by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Juvenile Crime Control and Accountability''; and
       (2) by adding at the end the following:
       ``(d) Delegation and Assignment.--
       ``(1) In general.--Except as otherwise expressly prohibited 
     by law or otherwise provided by this title, the Administrator 
     may--
       ``(A) delegate any of the functions of the Administrator, 
     and any function transferred or granted to the Administrator 
     after the date of enactment of this Act, to such officers and 
     employees of the Office as the Administrator may designate; 
     and

[[Page S215]]

       ``(B) authorize successive redelegations of such functions 
     as may be necessary or appropriate.
       ``(2) Responsibility.--No delegation of functions by the 
     Administrator under this subsection or under any other 
     provision of this title shall relieve the Administrator of 
     responsibility for the administration of such functions.
       ``(e) Reorganization.--The Administrator may allocate or 
     reallocate any function transferred among the officers of the 
     Office, and establish, consolidate, alter, or discontinue 
     such organizational entities in that Office as may be 
     necessary or appropriate.''.
       (b) National Program.--Section 204 of the Juvenile Justice 
     and Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is 
     amended to read as follows:

     ``SEC. 204. NATIONAL PROGRAM.

       ``(a) National Juvenile Crime Control and Juvenile Offender 
     Accountability Plan.--
       ``(1) In general.--The Administrator shall develop 
     objectives, priorities, and short- and long-term plans, and 
     shall implement overall policy and a strategy to carry out 
     such plan, for all Federal juvenile crime control and 
     juvenile offender accountability programs and activities 
     relating to improving juvenile crime control and the 
     enhancement of accountability by offenders within the 
     juvenile justice system in the United States.
       ``(2) Contents of plans.--
       ``(A) In general.--Each plan described in paragraph (1) 
     shall--
       ``(i) contain specific, measurable goals and criteria for 
     reducing the incidence of crime and delinquency among 
     juveniles, improving juvenile crime control, and ensuring 
     accountability by offenders within the juvenile justice 
     system in the United States, and shall include criteria for 
     any discretionary grants and contracts, for conducting 
     research, and for carrying out other activities under this 
     title;
       ``(ii) provide for coordinating the administration of 
     programs and activities under this title with the 
     administration of all other Federal juvenile crime control 
     and juvenile offender accountability programs and activities, 
     including proposals for joint funding to be coordinated by 
     the Administrator;
       ``(iii) provide a detailed summary and analysis of the most 
     recent data available regarding the number of juveniles taken 
     into custody, the rate at which juveniles are taken into 
     custody, and the trends demonstrated by such data.
       ``(iv) provide a description of the activities for which 
     amounts are expended under this title;
       ``(v) provide specific information relating to the 
     attainment of goals set forth in the plan, including 
     specific, measurable standards for assessing progress toward 
     national juvenile crime reduction and juvenile offender 
     accountability goals; and
       ``(vi) provide for the coordination of Federal, State, and 
     local initiatives for the reduction of youth crime and 
     ensuring accountability for juvenile offenders.
       ``(B) Summary and analysis.--Each summary and analysis 
     under subparagraph (A)(iii) shall set out the information 
     required by clauses (i), (ii), and (iii) of this subparagraph 
     separately for juvenile nonoffenders, juvenile status 
     offenders, and other juvenile offenders. Such summary and 
     analysis shall separately address with respect to each 
     category of juveniles specified in the preceding sentence--
       ``(i) the types of offenses with which the juveniles are 
     charged;
       ``(ii) the ages of the juveniles;
       ``(iii) the types of facilities used to hold the juveniles 
     (including juveniles treated as adults for purposes of 
     prosecution) in custody, including secure detention 
     facilities, secure correctional facilities, jails, and 
     lockups; and
       ``(iv) the number of juveniles who died while in custody 
     and the circumstances under which each juvenile died.
       ``(3) Annual review.--The Administrator shall annually--
       ``(A) review each plan submitted under this subsection;
       ``(B) revise the plans, as the Administrator considers 
     appropriate; and
       ``(C) not later than March 1 of each year, present the 
     plans to the Committees on the Judiciary of the Senate and 
     the House of Representatives.
       ``(b) Duties of Administrator.--In carrying out this title, 
     the Administrator shall--
       ``(1) advise the President through the Attorney General as 
     to all matters relating to federally assisted juvenile crime 
     control and juvenile offender accountability programs, and 
     Federal policies regarding juvenile crime and justice, 
     including policies relating to juveniles prosecuted or 
     adjudicated in the Federal courts;
       ``(2) implement and coordinate Federal juvenile crime 
     control and juvenile offender accountability programs and 
     activities among Federal departments and agencies and between 
     such programs and activities and other Federal programs and 
     activities that the Administrator determines may have an 
     important bearing on the success of the entire national 
     juvenile crime control and juvenile offender accountability 
     effort;
       ``(3) provide for the auditing of grants provided pursuant 
     to this title;
       ``(4) collect, prepare, and disseminate useful data 
     regarding the prevention, correction, and control of juvenile 
     crime and delinquency, and issue, not less frequently than 
     once each calendar year, a report on successful programs and 
     juvenile crime reduction methods utilized by States, 
     localities, and private entities;
       ``(5) ensure the performance of comprehensive rigorous 
     independent scientific evaluations, each of which shall--
       ``(A) be independent in nature, and shall employ rigorous 
     and scientifically valid standards and methodologies; and
       ``(B) include measures of outcome and process objectives, 
     such as reductions in juvenile crime, youth gang activity, 
     youth substance abuse, and other high risk factors, as well 
     as increases in protective factors that reduce the likelihood 
     of delinquency and criminal behavior;
       ``(6) involve consultation with appropriate authorities in 
     the States and with appropriate private entities in the 
     development, review, and revision of the plans required by 
     subsection (a) and in the development of policies relating to 
     juveniles prosecuted or adjudicated in the Federal courts; 
     and
       ``(7) provide technical assistance to the States, units of 
     local government, and private entities in implementing 
     programs funded by grants under this title.
       ``(c) National Juvenile Crime Control and Juvenile Offender 
     Accountability Budget.--
       ``(1) In general.--The Administrator shall--
       ``(A) develop for each fiscal year, with the advice of the 
     program managers of departments and agencies with 
     responsibilities for any Federal juvenile crime control or 
     juvenile offender accountability program, a consolidated 
     National Juvenile Crime Control and Juvenile Offender 
     Accountability Plan budget proposal to implement the National 
     Juvenile Crime Control and Juvenile Offender Accountability 
     Plan; and
       ``(B) transmit such budget proposal to the President and to 
     Congress.
       ``(2) Submission of juvenile offender accountability budget 
     request.--
       ``(A) In general.--Each Federal Government program manager, 
     agency head, and department head with responsibility for any 
     Federal juvenile crime control or juvenile offender 
     accountability program shall submit the juvenile crime 
     control and juvenile offender accountability budget request 
     of the program, agency, or department to the Administrator at 
     the same time as such request is submitted to their superiors 
     (and before submission to the Office of Management and 
     Budget) in the preparation of the budget of the President 
     submitted to Congress under section 1105(a) of title 31, 
     United States Code.
       ``(B) Timely development and submission.--The head of each 
     department or agency with responsibility for a Federal 
     juvenile crime control or juvenile offender accountability 
     program shall ensure timely development and submission to the 
     Administrator of juvenile crime control and juvenile offender 
     accountability budget requests transmitted pursuant to this 
     subsection, in such format as may be designated by the 
     Administrator with the concurrence of the Administrator of 
     the Office of Management and Budget.
       ``(3) Review and certification.--The Administrator shall--
       ``(A) review each juvenile crime control and juvenile 
     offender accountability budget request transmitted to the 
     Administrator under paragraph (2);
       ``(B) certify in writing as to the adequacy of such request 
     in whole or in part to implement the objectives of the 
     National Juvenile Crime Control and Juvenile Offender 
     Accountability Plan for the year for which the request is 
     submitted and, with respect to a request that is not 
     certified as adequate to implement the objectives of the 
     National Juvenile Crime Control and Juvenile Offender 
     Accountability Plan, include in the certification an 
     initiative or funding level that would make the request 
     adequate; and
       ``(C) notify the program manager, agency head, or 
     department head, as applicable, regarding the certification 
     of the Administrator under subparagraph (B).
       ``(4) Recordkeeping requirement.--The Administrator shall 
     maintain records regarding certifications under paragraph 
     (3)(B).
       ``(5) Funding requests.--The Administrator shall request 
     the head of a department or agency to include in the budget 
     submission of the department or agency to the Office of 
     Management and Budget, funding requests for specific 
     initiatives that are consistent with the priorities of the 
     President for the National Juvenile Crime Control and 
     Juvenile Offender Accountability Plan and certifications made 
     pursuant to paragraph (3), and the head of the department or 
     agency shall comply with such a request.
       ``(6) Reprogramming and transfer requests.--
       ``(A) In general.--No department or agency with 
     responsibility for a Federal juvenile crime control or 
     juvenile offender accountability program shall submit to 
     Congress a reprogramming or transfer request with respect to 
     any amount of appropriated amounts greater than $5,000,000 
     that is included in the National Juvenile Crime Control and 
     Juvenile Offender Accountability Plan budget unless such 
     request has been approved by the Administrator.
       ``(B) The head of any department or agency with 
     responsibility for a Federal juvenile crime control or 
     juvenile offender accountability program may appeal to the 
     President any disapproval by the Administrator of a 
     reprogramming or transfer request.

[[Page S216]]

       ``(7) Quarterly reports.--The Administrator shall report to 
     Congress on a quarterly basis regarding the need for any 
     reprogramming or transfer of appropriated amounts for 
     National Juvenile Crime Control and Juvenile Offender 
     Accountability Plan activities.
       ``(d) Information, Reports, Studies, and Surveys From Other 
     Agencies.--The Administrator may require, through appropriate 
     authority, Federal departments and agencies engaged in any 
     activity involving any Federal juvenile crime control and 
     juvenile offender accountability program to provide the 
     Administrator with such information and reports, and to 
     conduct such studies and surveys, as the Administrator 
     determines to be necessary to carry out the purposes of this 
     title.
       ``(e) Utilization of Services and Facilities of Other 
     Agencies; Reimbursement.--The Administrator may utilize the 
     services and facilities of any agency of the Federal 
     Government and of any other public agency or institution in 
     accordance with appropriate agreements, and to pay for such 
     services either in advance or by way of reimbursement as may 
     be agreed upon.
       ``(f) Coordination of Functions of Administrator and 
     Secretary of Health and Human Services.--All functions of the 
     Administrator under title shall be coordinated as appropriate 
     with the functions of the Secretary of Health and Human 
     Services under title III.
       ``(g) Annual Juvenile Delinquency Development Statements.--
       ``(1) In general.--The Administrator shall require through 
     appropriate authority each Federal agency that administers a 
     Federal juvenile crime control and juvenile offender 
     accountability program to submit annually to the Office a 
     juvenile crime control and juvenile offender accountability 
     development statement. Such statement shall be in addition to 
     any information, report, study, or survey that the 
     Administrator may require under subsection (d).
       ``(2) Contents.--Each development statement submitted to 
     the Administrator under paragraph (1) shall contain such 
     information, data, and analyses as the Administrator may 
     require. Such analyses shall include an analysis of the 
     extent to which the program of the Federal agency submitting 
     such development statement conforms with and furthers Federal 
     juvenile crime control and juvenile offender accountability 
     prevention and treatment goals and policies.
       ``(3) Review and comment.--
       ``(A) In general.--The Administrator shall review and 
     comment upon each juvenile crime control and juvenile 
     offender accountability development statement transmitted to 
     the Administrator under paragraph (1).
       ``(B) Inclusion in other documentation.--Such development 
     statement, together with the comments of the Administrator, 
     shall be included by the Federal agency involved in every 
     recommendation or request made by such agency for Federal 
     legislation that significantly affects juvenile crime control 
     and juvenile offender accountability.
       ``(h) Juvenile Crime Control and Juvenile Offender 
     Accountability Incentive Block Grants.--
       ``(1) In general.--The Administrator shall make, subject to 
     the availability of appropriations, grants to States to 
     assist them in planning, establishing, operating, 
     coordinating, and evaluating projects, directly or through 
     grants and contracts with public and private agencies, for 
     the development of more effective investigation, prosecution, 
     and punishment (including the imposition of graduated 
     sanctions) of crimes or acts of delinquency committed by 
     juveniles, programs to improve the administration of justice 
     for and ensure accountability by juvenile offenders, and 
     programs to reduce the risk factors (such as truancy, drug or 
     alcohol use, and gang involvement) associated with juvenile 
     crime or delinquency.
       ``(2) Use of grants.--Grants under this title may be used--
       ``(A) for programs to enhance the identification, 
     investigation, prosecution, and punishment of juvenile 
     offenders, such as--
       ``(i) the utilization of graduated sanctions;
       ``(ii) the utilization of short-term confinement of 
     juveniles who are charged with or who are convicted of--

       ``(I) a crime of violence (as that term is defined in 
     section 16 of title 18, United States Code);
       ``(II) an offense involving a controlled substance (as that 
     term is defined in section 102 of the Controlled Substances 
     Act (21 U.S.C. 802);
       ``(III) an offense involving possession of a firearm (as 
     that term is defined in section 921(a) of title 18, United 
     States Code); or
       ``(IV) an offense involving possession of a destructive 
     device (as that term is defined in section 921(a) of title 
     18, United States Code);

       ``(iii) the hiring of prosecutors, judges, and probation 
     officers to implement policies to control juvenile crime and 
     ensure accountability of juvenile offenders; and
       ``(iv) the incarceration of violent juvenile offenders for 
     extended periods of time (including up to the length of adult 
     sentences);
       ``(B) for programs that provide restitution to the victims 
     of crimes committed by juveniles;
       ``(C) for programs that require juvenile offenders to 
     attend and successfully complete school or vocational 
     training;
       ``(D) for programs that require juvenile offenders who are 
     parents to demonstrate parental responsibility by working and 
     paying child support;
       ``(E) for programs that seek to curb or punish truancy;
       ``(F) for programs designed to collect, record, and 
     disseminate information useful in the identification, 
     prosecution, and sentencing of offenders, such as criminal 
     history information, fingerprints, and DNA tests;
       ``(G) for programs that provide that, whenever a juvenile 
     who is not less than 14 years of age is adjudicated 
     delinquent, as defined by Federal or State law in a juvenile 
     delinquency proceeding for conduct that, if committed by an 
     adult, would constitute a felony under Federal or State law, 
     the State shall ensure that a record is kept relating to the 
     adjudication that is--
       ``(i) equivalent to the record that would be kept of an 
     adult conviction for such an offense;
       ``(ii) retained for a period of time that is equal to the 
     period of time that records are kept for adult convictions;
       ``(iii) made available to law enforcement agencies of any 
     jurisdiction; and
       ``(iv) made available to officials of a school, school 
     district, or postsecondary school where the individual who is 
     the subject of the juvenile record seeks, intends, or is 
     instructed to enroll, and that such officials are held liable 
     to the same standards and penalties that law enforcement and 
     juvenile justice system employees are held liable to, under 
     Federal and State law, for handling and disclosing such 
     information;
       ``(H) for juvenile crime control and prevention programs 
     (such as curfews, youth organizations, antidrug programs, 
     antigang programs, and after school activities) that include 
     a rigorous, comprehensive evaluation component that measures 
     the decrease in risk factors associated with the juvenile 
     crime and delinquency and employs scientifically valid 
     standards and methodologies;
       ``(I) for the development and implementation of coordinated 
     multijurisdictional or multiagency programs for the 
     identification, control, supervision, prevention, 
     investigation, and treatment of the most serious juvenile 
     offenses and offenders, sometimes known as a `SHOCAP Program' 
     (Serious Habitual Offenders Comprehensive Action Program); or
       ``(J) for the development and implementation of coordinated 
     multijurisdictional or multiagency programs for the 
     identification, control, supervision, prevention, 
     investigation, and disruption of youth gangs.
       ``(3) Requirements.--To be eligible to receive a grant 
     under this title, a State shall make reasonable efforts, as 
     certified by the Governor, to ensure that, not later than 
     July 1, 2000--
       ``(A) juveniles age 14 and older can be prosecuted under 
     State law as adults, as a matter of law or prosecutorial 
     discretion for a crime of violence (as that term is defined 
     in section 16 of title 18, United States Code) such as murder 
     or armed robbery, an offense involving a controlled substance 
     (as defined in section 102 of the Controlled Substances Act 
     (21 U.S.C. 802)), or the unlawful possession of a firearm (as 
     that term is defined in section 921(a) of title 18, United 
     States Code) or a destructive device (as that term is defined 
     in section 921(a) of title 18, United States Code);
       ``(B) the State has in place a system of graduated 
     sanctions for juvenile offenders;
       ``(C) the State has in place a juvenile court system that 
     treats juvenile offenders uniformly throughout the State;
       ``(D) the State collects, records, and disseminates 
     information useful in the identification, prosecution, and 
     sentencing of offenders, such as criminal history 
     information, fingerprints, and DNA tests (if taken), to other 
     Federal, State, and local law enforcement agencies;
       ``(E) the State ensures that religious organizations can 
     participate in rehabilitative programs designed to purposes 
     authorized by this title; and
       ``(F) the State shall not detain or confine juveniles who 
     are alleged to be or determined to be delinquent in any 
     institution in which the juvenile has regular sustained 
     physical contact with adult persons who are detained or 
     confined.
       ``(j) Distribution by State Offices to Eligible 
     Applicants.--
       ``(1) In general.--Of amounts made available to the State, 
     not more than 20 percent shall be used for programs pursuant 
     to paragraph (2)(ii).
       ``(2) Eligible Applicants.--Entities eligible to receive 
     amounts distributed by the State office under this title 
     are--
       ``(A) a unit of local government;
       ``(B) local police or sheriff's departments;
       ``(C) State or local prosecutor's offices;
       ``(D) State or local courts responsible for the 
     administration of justice in cases involving juvenile 
     offenders;
       ``(E) schools;
       ``(F) nonprofit, educational, religious, or community 
     groups active in crime prevention or drug use prevention and 
     treatment; or
       ``(G) any combination of the entities described in 
     subparagraphs (A) through (F).
       ``(k) Application to State Office.--
       ``(1) In general.--To be eligible to receive amounts from 
     the State office, the applicant shall prepare and submit to 
     the State office an application in written form that--
       ``(A) describes the types of activities and services for 
     which the amount will be provided;
       ``(B) includes information indicating the extent to which 
     the activities and services achieve the purposes of the 
     title;

[[Page S217]]

       ``(C) provide for the evaluation component required by 
     subsection (b)(2), which evaluation shall be conducted by an 
     independent entity; and
       ``(D) provides any other information that the State office 
     may require.
       ``(2) Priority.--In approving applications under this 
     subsection, the State office should give priority to those 
     applicants demonstrating coordination with, consolidation of, 
     or expansion of existing State or local juvenile crime 
     control and juvenile offender accountability programs.
       ``(l) Funding Period.--The State office may award such a 
     grant for a period of not more than 3 years.
       ``(m) Renewal of Grants.--The State office may renew grants 
     made under this title. After the initial grant period, in 
     determining whether to renew a grant to an entity to carry 
     out activities, the State office shall give substantial 
     weight to the effectiveness of the activities in achieving 
     reductions in crimes committed by juveniles and in improving 
     the administration of justice to juvenile offenders.
       ``(n) Special Grants.--Of amounts made available under this 
     title in any fiscal year, the Administrator may use--
       ``(1) not more than 7 percent for grants for research and 
     evaluation;
       ``(2) not more than 3 percent for grants to Indian tribes 
     for purposes authorized by this title; and
       ``(3) not more than 5 percent for salaries and expenses of 
     the Office related to administering this title.''.
       (c) Repeals; Administrative Provisions.--Title II of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5611 et seq.) is amended--
       (1) by striking sections 206 and 207 and inserting the 
     following:

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

       ``(a) Allocation of Grant Amounts.--
       ``(1) In general.--Amounts made available under section 
     204(h) or part B shall be allocated to the States as follows:
       ``(A) 0.25 percent shall be allocated to each State; and
       ``(B) of the total amount remaining after the allocation 
     under subparagraph (A), there shall be allocated to each 
     State an amount that bears the same ratio to the amount of 
     remaining funds described in this paragraph as the juvenile 
     population of such State bears to the juvenile population of 
     all the States.
       ``(2) Exceptions.--The amount allocated to the Virgin 
     Islands of the United States, Guam, American Samoa, the Trust 
     Territory of the Pacific Islands, and the Commonwealth of the 
     Northern Mariana Islands shall be not less than $75,000 and 
     not more than $100,000.
       ``(3) Reallocation prohibited.--Any amounts appropriated 
     but not allocated due to the ineligibility or 
     nonparticipation of any State shall not be reallocated, but 
     shall revert to the Treasury at the end of the fiscal year 
     for which they were appropriated.
       ``(4) Restrictions on the use of amounts.--
       ``(A) Experimentation on individuals.--
       ``(i) In general.--No amounts made available to carry out 
     this title may be used for any biomedical or behavior control 
     experimentation on individuals or any research involving such 
     experimentation.
       ``(ii) Definition of `behavior control'.--In this 
     subparagraph, the term `behavior control'--

       ``(I) means any experimentation or research employing 
     methods that--

       ``(aa) involve a substantial risk of physical or 
     psychological harm to the individual subject; and
       ``(bb) are intended to modify or alter criminal and other 
     antisocial behavior, including aversive conditioning therapy, 
     drug therapy, chemotherapy (except as part of routine 
     clinical care), physical therapy of mental disorders, 
     electroconvulsive therapy, or physical punishment; and

       ``(II) does not include a limited class of programs 
     generally recognized as involving no such risk, including 
     methadone maintenance and certain alcohol treatment programs, 
     psychological counseling, parent training, behavior 
     contracting, survival skills training, restitution, or 
     community service, if safeguards are established for the 
     informed consent of subjects (including parents or guardians 
     of minors).

       ``(B) Prohibition against use of amounts in construction.--
     No amount made available to any public or private agency, or 
     institution or to any individual under this title (either 
     directly or through a State office) may be used for 
     construction, except for minor renovations or additions to an 
     existing structure.
       ``(C) Job training.--No amount made available under this 
     title may be used to carry out a youth employment program to 
     provide subsidized employment opportunities, job training 
     activities, or school-to-work activities for participants.
       ``(D) Lobbying.--
       ``(i) In general.--Except as provided in clause (ii), no 
     amount made available under this title to any public or 
     private agency, organization, or institution or to any 
     individual shall be used to pay for any personal service, 
     advertisement, telegram, telephone communication, letter, 
     printed or written matter, or other device intended or 
     designed to influence a Member of Congress or any other 
     Federal, State, or local elected official to favor or oppose 
     any Act, bill, resolution, or other legislation, or any 
     referendum, initiative, constitutional amendment, or any 
     other procedure of Congress, any State legislature, any local 
     council, or any similar governing body.
       ``(ii) Exception.--This subparagraph does not preclude the 
     use of amounts made available under this title in connection 
     with communications to Federal, State, or local elected 
     officials, upon the request of such officials through proper 
     official channels, pertaining to authorization, 
     appropriation, or oversight measures directly affecting the 
     operation of the program involved.
       ``(E) Legal action.--No amounts made available under this 
     title to any public or private agency, organization, 
     institution, or to any individual, shall be used in any way 
     directly or indirectly to file an action or otherwise take 
     any legal action against any Federal, State, or local agency, 
     institution, or employee.
       ``(F) Religious organizations.--
       ``(i) In general.--The purpose of this subparagraph is to 
     allow State and local governments to contract with religious 
     organizations, or to allow religious organizations to accept 
     certificates, vouchers, or other forms of disbursement under 
     any program described in this title, on the same basis as any 
     other nongovernmental provider without impairing the 
     religious character of such organizations, and without 
     impairing the religious character of such organizations, and 
     without diminishing the religious freedom of beneficiaries of 
     assistance funded under such program.
       ``(ii) Nondiscrimination against religious organizations.--
     If a State or local government exercises its authority under 
     religious organizations are eligible, on the same basis as 
     any other private organization, as contractors to provide 
     assistance, or to accept certificates, vouchers, or other 
     forms of disbursement, under any program described in this 
     title, so long as the programs are implemented consistent 
     with the Establishment Clause of the United States 
     Constitution. Except as provided in clause (x), neither the 
     Federal Government nor a State receiving funds under such 
     programs shall discriminate against an organization which is 
     or applies to be a contractor to provide assistance, or which 
     is or applies to be a contractor to provide assistance, or 
     which accepts certificates, vouchers, or other forms of 
     disbursement, on the basis that the organization has a 
     religious character.
       ``(iii) Religious character and freedom.--

       ``(I) Religious organizations.--A religious organization 
     that participates in a program authorized by this title shall 
     retain its independence from Federal, State, and local 
     governments, including such organization's control over the 
     definition, development, practice, and expression of its 
     religious beliefs.
       ``(II) Additional safeguards.--Neither the Federal 
     Government nor a State shall require a religious organization 
     to--

       ``(aa) alter its form of internal governance; or
       ``(bb) remove religious art, icons, scripture, or other 
     symbols;

     in order to be eligible to contract to provide assistance, or 
     to accept certificates, vouchers, or other forms of 
     disbursements, funded under a program described in this 
     title.

       ``(iv) Rights of beneficiaries of assistance.--If juvenile 
     offender has an objection to the religious character of the 
     organization or institution from which the juvenile offender 
     receives, or would receive, assistance funded under any 
     program described in this title, the State in which the 
     individual resides shall provide such individual (if 
     otherwise eligible for such assistance) within a reasonable 
     period of time after the date of such objection with 
     assistance from an alternative provider.
       ``(v) Employment practices.--A religious organization's 
     exemption provided under section 702 of the Civil Rights Act 
     of 1964 (42 U.S.C. 2000e-1a) regarding employment practices 
     shall not be affected by its participation in, or receipt of 
     funds from, programs described in this title.
       ``(vi) Nondiscrimination against beneficiaries.--Except as 
     otherwise provided in law, a religious organization shall not 
     discriminate against an individual in regard to rendering 
     assistance funded under any program described in this title 
     on the basis of religion, a religious belief, or refusal to 
     actively participate in a religious practice.
       ``(vii) Fiscal accountability.--

       ``(I) In general.--Subject to subclause (II), any religious 
     organization contracting to provide assistance funded under 
     any program described in clause (i)(II) shall be subject to 
     the same regulations as other contractors to account in 
     accord with generally accepted auditing principles for the 
     use of such funds provided under such programs.
       ``(II) Limited audit.--If such organization segregates 
     Federal funds provided under such programs into separate 
     accounts, then only the financial assistance provided with 
     such funds shall be subject to audit.

       ``(viii) Compliance.--Any party which seeks to enforce its 
     rights under this subparagraph may assert a civil action for 
     injunctive relief exclusively in an appropriate State court 
     against the entity or agency that allegedly commits such 
     violation.
       ``(ix) Limitations on use of funds for certain purposes.--
     No funds provided directly to institutions or organizations 
     to provide services and administer programs under this title 
     shall be expended for sectarian worship, instruction, or 
     proselytization.
       ``(x) Preemption.--Nothing in this subparagraph shall be 
     construed to preempt any

[[Page S218]]

     provision of a State constitution or State statute that 
     prohibits or restricts the expenditure of State funds in or 
     by religious organizations.
       ``(5) Penalties.--
       ``(A) In general.--If any amounts are used for the purposes 
     prohibited in either subparagraph (D) or (E) of paragraph 
     (4)--
       ``(i) all funding for the agency, organization, 
     institution, or individual at issue shall be immediately 
     discontinued;
       ``(ii) the agency, organization, institution, or individual 
     using amounts for the purpose prohibited in subparagraph (D) 
     or (E) of paragraph (4) shall be liable for reimbursement of 
     all amounts granted to the individual or entity for the 
     fiscal year for which the amounts were granted.
       ``(B) Liability for expenses and damages.--In relation to a 
     violation of paragraph (4)(D), the individual filing the 
     lawsuit or responsible for taking the legal action against 
     the Federal, State, or local agency or institution, or 
     individual working for the Government, shall be individually 
     liable for all legal expenses and any other expenses of the 
     government agency, institution, or individual working for the 
     Government, including damages assessed by the jury against 
     the Government agency, institution, or individual working for 
     the government, and any punitive damages.
       ``(b) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this title--
       ``(A) $650,000,000 for fiscal year 1998;
       ``(B) $650,000,000 for fiscal year 1999;
       ``(C) $650,000,000 for fiscal year 2000;
       ``(D) $650,000,000 for fiscal year 2001; and
       ``(E) $650,000,000 for fiscal year 2002.
       ``(2) Allocation of appropriations.--Of amounts authorized 
     to be appropriated under paragraph (1) in each fiscal year--
       ``(A) $500,000,000 shall be for programs under section 
     204(h); and
       ``(B) $150,000,000 shall be for programs under part B.
       ``(3) Availability of funds.--Amounts made available 
     pursuant to this subsection, and allocated pursuant to 
     paragraph (1) in any fiscal year shall remain available until 
     expended.

     ``SEC. 207. ADMINISTRATIVE PROVISIONS.

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

       (I) by striking ``section 223'' and inserting ``section 
     222''; and
       (II) by striking ``section 223(c)'' and inserting ``section 
     222(c)''; and

       (ii) in paragraph (2), by striking ``section 299(c)(1)'' 
     and inserting ``section 222(a)(1)''; and
       (B) by striking sections 222 and 223 and inserting the 
     following:

     ``SEC. 222. STATE PLANS.

       ``(a) In General.--In order to receive formula grants under 
     this part, a State shall submit a plan for carrying out its 
     purposes applicable to a 3-year period. The State shall 
     submit annual performance reports to the Administrator which 
     shall describe progress in implementing programs contained in 
     the original plan, and shall describe the status of 
     compliance with State plan requirements. In accordance with 
     regulations which the Administrator shall prescribe, such 
     plan shall--
       ``(1) designate a State agency as the sole agency for 
     supervising the preparation and administration of the plan;
       ``(2) contain satisfactory evidence that the State agency 
     designated in accordance with paragraph (1) has or will have 
     authority, by legislation if necessary, to implement such 
     plan in conformity with this part;
       ``(3) provide for the active consultation with and 
     participation of units of general local government or 
     combinations thereof in the development of a State plan which 
     adequately takes into account the needs and requests of local 
     governments, except that nothing in the plan requirements, or 
     any regulations promulgated to carry out such requirements, 
     shall be construed to prohibit or impede the State from 
     making grants to, or entering into contracts with, local 
     private agencies, including religious organizations;
       ``(4) provide that the chief executive officer of the unit 
     of general local government shall assign responsibility for 
     the preparation and administration of the local government's 
     part of a State plan, or for the supervision of the 
     preparation and administration of the local government's part 
     of the State plan, to that agency within the local 
     government's structure or to a regional planning agency (in 
     this part referred to as the `local agency') which can most 
     effectively carry out the purposes of this part and shall 
     provide for supervision of the programs funded under this 
     part by that local agency;
       ``(5)(A) provide for--
       ``(i) an analysis of juvenile crime problems (including the 
     joining of gangs that commit crimes) and juvenile justice and 
     delinquency prevention needs (including educational needs) 
     within the relevant jurisdiction (including any geographical 
     area in which an Indian tribe performs law enforcement 
     functions), a description of the services to be provided, and 
     a description of performance goals and priorities, including 
     a specific statement of the manner in which programs are 
     expected to meet the identified juvenile crime problems 
     (including the joining of gangs that commit crimes) and 
     juvenile justice and delinquency prevention needs (including 
     educational needs) of the jurisdiction;
       ``(ii) an indication of the manner in which the programs 
     relate to other similar State or local programs which are 
     intended to address the same or similar problems; and
       ``(iii) a plan for the concentration of State efforts which 
     shall coordinate all State juvenile delinquency programs with 
     respect to overall policy and development of objectives and 
     priorities for all State juvenile delinquency programs and 
     activities, including provision for regular meetings of State 
     officials with responsibility in the area of juvenile justice 
     and delinquency prevention;
       ``(B) contain--
       ``(i) an analysis of services for the prevention and 
     treatment of juvenile delinquency in rural areas, including 
     the need for such services, the types of such services 
     available in rural areas, and geographically unique barriers 
     to providing such services; and
       ``(ii) a plan for providing needed services for the 
     prevention and treatment of juvenile delinquency in rural 
     areas; and
       ``(C) contain--
       ``(i) an analysis of mental health services available to 
     juveniles in the juvenile justice system (including an 
     assessment of the appropriateness of the particular 
     placements of juveniles in order to receive such services) 
     and of barriers to access to such services; and
       ``(ii) a plan for providing needed mental health services 
     to juveniles in the juvenile justice system;
       ``(6) provide for the active consultation with and 
     participation of private agencies in the development and 
     execution of the State plan; and provide for coordination and 
     maximum utilization of existing juvenile delinquency programs 
     and other related programs, such as education, special 
     education, recreation, health, and welfare within the State;
       ``(7) provide for the development of an adequate research, 
     training, and evaluation capacity within the State;
       ``(8) provide that not less than 75 percent of the funds 
     made available to the State pursuant to grants under section 
     221, whether expended directly by the State, by the unit of 
     general local government, or by a combination thereof, or 
     through grants and contracts with public or private nonprofit 
     agencies, shall be used for--
       ``(A) community-based alternatives (including home-based 
     alternatives) to incarceration and institutionalization, 
     specifically--
       ``(i) for youth who can remain at home with assistance, 
     home probation and programs providing professional supervised 
     group activities or individualized mentoring relationships 
     with adults that involve the family and provide counseling 
     and other supportive services;

[[Page S219]]

       ``(ii) for youth who need temporary placement, crisis 
     intervention, shelter, and after-care; and
       ``(iii) for youth who need residential placement, a 
     continuum of foster care or group home alternatives that 
     provide access to a comprehensive array of services;
       ``(B) community-based programs and services to work with--
       ``(i) parents and other family members to strengthen 
     families, including parent self-help groups, so that 
     juveniles may be retained in their homes;
       ``(ii) juveniles during their incarceration, and with their 
     families, to ensure the safe return of such juveniles to 
     their homes and to strengthen the families; and
       ``(iii) parents with limited English-speaking ability, 
     particularly in areas where there is a large population of 
     families with limited-English speaking ability;
       ``(C) comprehensive juvenile justice and delinquency 
     prevention programs that meet the needs of youth through the 
     collaboration of the many local systems before which a youth 
     may appear, including schools, courts, law enforcement 
     agencies, child protection agencies, mental health agencies, 
     welfare services, health care agencies, and private nonprofit 
     agencies offering youth services;
       ``(D) projects designed to develop and implement programs 
     stressing advocacy activities aimed at improving services for 
     and protecting the rights of youth affected by the juvenile 
     justice system;
       ``(E) educational programs or supportive services for 
     delinquent or other juveniles, provided equitably regardless 
     of sex, race, or family income, designed to--
       ``(i) encourage juveniles to remain in elementary and 
     secondary schools or in alternative learning situations, 
     including--

       ``(I) education in settings that promote experiential, 
     individualized learning and exploration of academic and 
     career options;
       ``(II) assistance in making the transition to the world of 
     work and self-sufficiency;
       ``(III) alternatives to suspension and expulsion; and
       ``(IV) programs to counsel delinquent juveniles and other 
     juveniles regarding the opportunities that education 
     provides; and

       ``(ii) enhance coordination with the local schools that 
     such juveniles would otherwise attend, to ensure that--

       ``(I) the instruction that juveniles receive outside school 
     is closely aligned with the instruction provided in school; 
     and
       ``(II) information regarding any learning problems 
     identified in such alternative learning situations are 
     communicated to the schools;

       ``(F) expanded use of home probation and recruitment and 
     training of home probation officers, other professional and 
     paraprofessional personnel, and volunteers to work 
     effectively to allow youth to remain at home with their 
     families as an alternative to incarceration or 
     institutionalization;
       ``(G) youth-initiated outreach programs designed to assist 
     youth (including youth with limited proficiency in English) 
     who otherwise would not be reached by traditional youth 
     assistance programs;
       ``(H) programs designed to develop and implement projects 
     relating to juvenile delinquency and learning disabilities, 
     including on-the-job training programs to assist community 
     services, law enforcement, and juvenile justice personnel to 
     more effectively recognize and provide for learning disabled 
     and other handicapped youth;
       ``(I) projects designed both to deter involvement in 
     illegal activities and to promote involvement in lawful 
     activities on the part of gangs whose membership is 
     substantially composed of youth;
       ``(J) programs and projects designed to provide for the 
     treatment of youths' dependence on or abuse of alcohol or 
     other addictive or nonaddictive drugs;
       ``(K) law-related education programs (and projects) for 
     delinquent and at-risk youth designed to prevent juvenile 
     delinquency;
       ``(L) programs for positive youth development that assist 
     delinquent and other at-risk youth in obtaining--
       ``(i) a sense of safety and structure;
       ``(ii) a sense of belonging and membership;
       ``(iii) a sense of self-worth and social contribution;
       ``(iv) a sense of independence and control over one's life;
       ``(v) a sense of closeness in interpersonal relationships; 
     and
       ``(vi) a sense of competence and mastery including health 
     and physical competence, personal and social competence, 
     cognitive and creative competence, vocational competence, and 
     citizenship competence, including ethics and participation;
       ``(M) programs that, in recognition of varying degrees of 
     the seriousness of delinquent behavior and the corresponding 
     gradations in the responses of the juvenile justice system in 
     response to that behavior, are designed to--
       ``(i) encourage courts to develop and implement a continuum 
     of post-adjudication restraints that bridge the gap between 
     traditional probation and confinement in a correctional 
     setting (including expanded use of probation, mediation, 
     restitution, community service, treatment, home detention, 
     intensive supervision, electronic monitoring, boot camps and 
     similar programs, and secure community-based treatment 
     facilities linked to other support services such as health, 
     mental health, education (remedial and special), job 
     training, and recreation); and
       ``(ii) assist in the provision by the Administrator of 
     information and technical assistance, including technology 
     transfer, to States in the design and utilization of risk 
     assessment mechanisms to aid juvenile justice personnel in 
     determining appropriate sanctions for delinquent behavior;
       ``(N) programs designed to prevent and reduce hate crimes 
     committed by juveniles, including educational programs and 
     sentencing programs designed specifically for juveniles who 
     commit hate crimes and that provide alternatives to 
     incarceration; and
       ``(O) programs (including referral to literacy programs and 
     social service programs) to assist families with limited 
     English-speaking ability that include delinquent juveniles to 
     overcome language and cultural barriers that may prevent the 
     complete treatment of such juveniles and the preservation of 
     their families;
       ``(9) provide for the development of an adequate research, 
     training, and evaluation capacity within the State;
       ``(10) provide that the State shall not detain or confine 
     juveniles who are alleged to be or determined to be 
     delinquent in any institution in which the juvenile has 
     regular sustained physical contact with adult persons who are 
     detained or confined;
       ``(11) provide for an adequate system of monitoring jails, 
     detention facilities, correctional facilities, and non-secure 
     facilities to insure that the requirements of paragraph (10) 
     are met, and for annual reporting of the results of such 
     monitoring to the Administrator, except that such reporting 
     requirements shall not apply in the case of a State which is 
     in compliance with the other requirements of this paragraph, 
     which is in compliance with the requirements in paragraph 
     (10), and which has enacted legislation which conforms to 
     such requirements and which contains, in the opinion of the 
     Administrator, sufficient enforcement mechanisms to ensure 
     that such legislation will be administered effectively;
       ``(12) provide assurance that youth in the juvenile justice 
     system are treated equitably on the basis of gender, race, 
     family income, and mentally, emotionally, or physically 
     handicapping conditions;
       ``(13) provide assurance that consideration will be given 
     to and that assistance will be available for approaches 
     designed to strengthen the families of delinquent and other 
     youth to prevent juvenile delinquency (which approaches 
     should include the involvement of grandparents or other 
     extended family members when possible and appropriate and the 
     provision of family counseling during the incarceration of 
     juvenile family members and coordination of family services 
     when appropriate and feasible);
       ``(14) provide for procedures to be established for 
     protecting the rights of recipients of services and for 
     assuring appropriate privacy with regard to records relating 
     to such services provided to any individual under the State 
     plan;
       ``(15) provide for such fiscal control and fund accounting 
     procedures necessary to assure prudent use, proper 
     disbursement, and accurate accounting of funds received under 
     this title;
       ``(16) provide reasonable assurances that Federal funds 
     made available under this part for any period shall be so 
     used as to supplement and increase (but not supplant) the 
     level of the State, local, and other non-Federal funds that 
     would in the absence of such Federal funds be made available 
     for the programs described in this part, and shall in no 
     event replace such State, local, and other non-Federal funds; 
     and
       ``(17) provide that the State agency designated under 
     paragraph (1) will from time to time, but not less often than 
     annually, review its plan and submit to the Administrator an 
     analysis and evaluation of the effectiveness of the programs 
     and activities carried out under the plan, and any 
     modifications in the plan, including the survey of State and 
     local needs, which it considers necessary.
       ``(b) Approval by State Agency.--The State agency 
     designated under subsection (a)(1) shall approve the State 
     plan and any modification thereof prior to submission to the 
     Administrator.
       ``(c) Approval by Administrator; Compliance With Statutory 
     Requirements.--
       ``(1) In general.--The Administrator shall approve any 
     State plan and any modification thereof that meets the 
     requirements of this section.
       ``(2) Reduced allocations.--If a State fails to comply with 
     any requirement of subsection (a)(8) in any fiscal year 
     beginning after January 1, 1998, the State shall be 
     ineligible to receive any allocation under that section for 
     such fiscal year unless--
       ``(A) the State agrees to expend all the remaining funds 
     the State receives under this part (excluding funds required 
     to be expended to comply with subsection (a)(4)(C)) for that 
     fiscal year only to achieve compliance with such paragraph; 
     or
       ``(B) the Administrator determines, in the discretion of 
     the Administrator, that the State--
       ``(i) has achieved substantial compliance with such 
     paragraph; and
       ``(ii) has made, through appropriate executive or 
     legislative action, an unequivocal commitment to achieving 
     full compliance within a reasonable time.''; and
       (3) by striking parts C, D, E, F, G, and H, and each part 
     designated as part I.

     SEC. 1163. RUNAWAY AND HOMELESS YOUTH.

       Section 385 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5751) is amended--

[[Page S220]]

       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``1993 and such sums as 
     may be necessary for fiscal years 1994, 1995, and 1996'' and 
     inserting ``1998 and such sums as may be necessary for fiscal 
     years 1999, 2000, 2001, and 2002''; and
       (B) by striking paragraph (3) and redesignating paragraphs 
     (4) and (5) as paragraphs (3) and (4), respectively;
       (2) in subsection (b), by striking ``1993 and such sums as 
     may be necessary for fiscal years 1994, 1995, and 1996'' and 
     inserting ``1998 and such sums as may be necessary for fiscal 
     years 1999, 2000, 2001, and 2002''; and
       (3) in subsection (c), by striking ``1993, 1994, 1995, and 
     1996'' and inserting ``1998, 1999, 2000, 2001, and 2002''.

     SEC. 1164. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 1165. REPEAL.

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

     SEC. 1166. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

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

[[Page S221]]

       (h) References.--Reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to--
       (1) the Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention with regard to functions transferred 
     by operation of subsection (b), shall be considered to refer 
     to the Administrator of the Office of Juvenile Crime Control 
     and Accountability; and
       (2) the Office of Juvenile Justice and Delinquency 
     Prevention with regard to functions transferred by operation 
     of subsection (b), shall be considered to refer to the Office 
     of Juvenile Crime Control and Accountability.
       (i) Technical and Conforming Amendment.--Section 5315 of 
     title 5, United States Code, is amended by striking 
     ``Administrator, Office of Juvenile Crime Control and 
     Accountability''.

     SEC. 1167. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

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

     SEC. 1168. HOUSING JUVENILE OFFENDERS.

       Section 20105(a)(1) of subtitle A of title II of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13705(a)(1)) is amended by striking ``15'' and 
     inserting ``30''.

     SEC. 1169. CIVIL MONETARY PENALTY SURCHARGE.

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