[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Pages S11812-S11813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    BOUNTY HUNTER ACCOUNTABILITY AND QUALITY ASSISTANCE ACT OF 1998

  Mr. McCAIN. I ask unanimous consent that the Senate now proceed to 
consideration of Calendar No. 582, S. 1637.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1637) to expedite State review of criminal 
     records of applicants for bail enforcement officer 
     employment, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on the Judiciary, with 
an amendment to strike all after the enacting clause and inserting in 
lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bounty Hunter Accountability 
     and Quality Assistance Act of 1998''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) bounty hunters, also known as bail enforcement officers 
     or recovery agents, provide law enforcement officers and the 
     courts with valuable assistance in recovering fugitives from 
     justice;
       (2) regardless of the differences in their duties, skills, 
     and responsibilities, the public has had difficulty in 
     discerning the difference between law enforcement officers 
     and bounty hunters;
       (3) the availability of bail as an alternative to the 
     pretrial detention or unsecured release of criminal 
     defendants is important to the effective functioning of the 
     criminal justice system;
       (4) the safe and timely return to custody of fugitives who 
     violate bail contracts is an important matter of public 
     safety, as is the return of any other fugitive from justice;
       (5) bail bond agents are widely regulated by the States, 
     whereas bounty hunters are largely unregulated;
       (6) the public safety requires the employment of qualified, 
     well-trained bounty hunters; and
       (7) in the course of their duties, bounty hunters often 
     move in and affect interstate commerce.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the term ``bail bond agent'' means any retail seller of 
     a bond to secure the release of a criminal defendant pending 
     judicial proceedings, unless such person also is self-
     employed to obtain the recovery of any fugitive from justice 
     who has been released on bail;
       (2) the term ``bounty hunter''--
       (A) means any person whose services are engaged, either as 
     an independent contractor or as an employee of a bounty 
     hunter employer, to obtain the recovery of any fugitive from 
     justice who has been released on bail; and
       (B) does not include any--
       (i) law enforcement officer acting under color of law;
       (ii) attorney, accountant, or other professional licensed 
     under applicable State law;
       (iii) employee whose duties are primarily internal audit or 
     credit functions;
       (iv) person while engaged in the performance of official 
     duties as a member of the Armed Forces on active duty (as 
     defined in section 101(d)(1) of title 10, United States 
     Code); or
       (v) bail bond agent;
       (3) the term ``bounty hunter employer''--
       (A) means any person that--
       (i) employs 1 or more bounty hunters; or
       (ii) provides, as an independent contractor, for 
     consideration, the services of 1 or more bounty hunters 
     (which may include the services of that person); and
       (B) does not include any bail bond agent; and
       (4) the term ``law enforcement officer'' means a public 
     officer or employee authorized under applicable Federal or 
     State law to conduct or engage in the prevention, 
     investigation, prosecution, or adjudication of criminal 
     offenses, including any public officer or employee engaged in 
     corrections, parole, or probation functions, or the recovery 
     of any fugitive from justice.

     SEC. 4. MODEL GUIDELINES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall develop 
     model guidelines for the State control and regulation of 
     persons employed or applying for employment as bounty 
     hunters. In developing such guidelines, the Attorney General 
     shall consult with organizations representing--
       (1) State and local law enforcement officers;
       (2) State and local prosecutors;
       (3) the criminal defense bar;
       (4) bail bond agents;
       (5) bounty hunters; and
       (6) corporate sureties.
       (b) Recommendations.--The guidelines developed under 
     subsection (a) shall include recommendations of the Attorney 
     General regarding whether--
       (1) a person seeking employment as a bounty hunter should--
       (A) be required to submit to a fingerprint-based criminal 
     background check prior to entering into the performance of 
     duties pursuant to employment as a bounty hunter; or
       (B) not be allowed to obtain such employment if that person 
     has been convicted of a felony offense under Federal or State 
     law;

[[Page S11813]]

       (2) bounty hunters and bounty hunter employers should be 
     required to obtain adequate liability insurance for actions 
     taken in the course of performing duties pursuant to 
     employment as a bounty hunter; and
       (3) State laws should provide--
       (A) for the prohibition on bounty hunters entering any 
     private dwelling, unless the bounty hunter first knocks on 
     the front door and announces the presence of 1 or more bounty 
     hunters; and
       (B) the official recognition of bounty hunters from other 
     States.
       (c) Effect on Bail.--The guidelines published under 
     subsection (a) shall include an analysis of the estimated 
     effect, if any, of the adoption of the guidelines by the 
     States on--
       (1) the cost and availability of bail; and
       (2) the bail bond agent industry.
       (d) Byrne Grant Preference for Certain States.--
       (1) In general.--Section 505 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) 
     is amended by adding at the end the following:
       ``(e) Preference for Certain States.--Notwithstanding any 
     other provision of this part, in making grants to States 
     under this subpart, the Director shall give priority to 
     States that have adopted the model guidelines developed under 
     section 4(a) of the Bounty Hunter Accountability and Quality 
     Assistance Act of 1998.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 2 years after the date of enactment of this 
     Act.
       (e) No Regulatory Authority.--Nothing in this section may 
     be construed to authorize the promulgation of any Federal 
     regulation relating to bounty hunters, bounty hunter 
     employers, or bail bond agents.
       (f) Publication of Guidelines.--The Attorney General shall 
     publish model guidelines developed pursuant to subsection (a) 
     in the Federal Register.

  Mr. McCAIN. I ask unanimous consent that the substitute amendment be 
agreed to, the bill be considered read a third time and passed, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Committee substitute amendment was agreed to.
  The bill (S. 1637), as amended, was considered read the third time, 
and passed.

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