[Congressional Record Volume 145, Number 68 (Wednesday, May 12, 1999)]
[Senate]
[Pages S5178-S5180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




VIOLENT AND REPEAT JUVENILE OFFENDER ACCOUNTABILITY AND REHABILITATION 
                              ACT OF 1999

                                 ______
                                 

                  BIDEN (AND OTHERS) AMENDMENT NO. 338

  (Ordered to lie on the table.)
  Mr. BIDEN (for himself, Mr. Schumer, Mr. Kohl, and Mrs. Boxer) 
submitted an amendment intended to be proposed by them to the bill, S. 
254, supra; as follows:


[[Page S5179]]


       At the end of the bill, insert the following:

          TITLE V--21ST CENTURY COMMUNITY POLICING INITIATIVE

     SEC. 501. 21ST CENTURY COMMUNITY POLICING INITIATIVE.

       (a) COPS Program.--Section 1701(a) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(a)) is amended by--
       (1) inserting ``and prosecutor'' after ``increase police''; 
     and
       (2) inserting ``to enhance law enforcement access to new 
     technologies, and'' after ``presence,''.
       (b) Hiring and Redeployment Grant Projects.--Section 
     1701(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``and'' at the end of subparagraph (B);
       (B) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) promote higher education among in-service State and 
     local law enforcement officers by reimbursing them for the 
     costs associated with seeking a college or graduate school 
     education.''; and
       (2) in paragraph (2) by striking all that follows Support 
     Systems.--'' and inserting ``Grants pursuant to paragraph 
     (1)(C) may not exceed 20 percent of the funds available for 
     grants pursuant to this subsection in any fiscal year.''.
       (c) Additional Grant Projects.--Section 1701(d) of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd(d)) is amended--
       (1) in paragraph (2)--
       (A) by inserting ``integrity and ethics'' after 
     ``specialized''; and
       (B) by inserting ``and'' after ``enforcement officers'';
       (2) in paragraph (7) by inserting ``school officials, 
     religiously-affiliated organizations,'' after ``enforcement 
     officers'';
       (3) by striking paragraph (8) and inserting the following:

     ``(8) establish school-based partnerships between local law 
     enforcement agencies and local school systems, by using 
     school resource officers who operate in and around elementary 
     and secondary schools to serve as a law enforcement liaison 
     with other Federal, State, and local law enforcement and 
     regulatory agencies, combat school-related crime and disorder 
     problems, gang membership and criminal activity, firearms and 
     explosives-related incidents, illegal use and possession of 
     alcohol, and the illegal possession, use, and distribution of 
     drugs;'';
       (4) in paragraph (10) by striking ``and'' at the end;
       (5) in paragraph (11) by striking the period that appears 
     at the end and inserting ``; and''; and
       (6) by adding at the end the following:
       ``(12) develop and implement innovative programs that bring 
     together a community's sheriff, chief of police, and elderly 
     residents to address the public safety concerns of older 
     citizens.''.
       (d) Technical Assistance.--Section 1701(f) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd(f)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``use up to 5 percent of the funds 
     appropriated under subsection (a) to'' after ``The Attorney 
     General may'';
       (B) by inserting at the end the following: ``In addition, 
     the Attorney General may use up to 5 percent of the funds 
     appropriated under subsections (d), (e), and (f) for 
     technical assistance and training to States, units of local 
     government, Indian tribal governments, and to other public 
     and private entities for those respective purposes.'';
       (2) in paragraph (2) by inserting ``under subsection (a)'' 
     after ``the Attorney General''; and
       (3) in paragraph (3)--
       (A) by striking ``the Attorney General may'' and inserting 
     ``the Attorney General shall'';
       (B) by inserting ``regional community policing institutes'' 
     after ``operation of''; and
       (C) by inserting ``representatives of police labor and 
     management organizations, community residents,'' after 
     ``supervisors,''.
       (e) Matching Funds.--Section 1701(i) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(i)) is amended by adding after the first sentence the 
     following: ``The Attorney General shall waive the requirement 
     under this subsection of a non-Federal contribution to the 
     costs of a program, project or activity that hires law 
     enforcement officers for placement in public schools.''.
       (f) Technology and Prosecution Programs.--Section 1701 of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3796dd) is amended by--
       (1) striking subsection (k);
       (2) redesignating subsections (f) through (j) as 
     subsections (g) through (k); and
       (3) striking subsection (e) and inserting the following:
       ``(e) Law Enforcement Technology Program.--Grants made 
     under subsection (a) may be used to assist police 
     departments, in employing professional, scientific, and 
     technological advancements that will help them--
       ``(1) improve police communications through the use of 
     wireless communications, computers, software, videocams, 
     databases and other hardware and software that allow law 
     enforcement agencies to communicate more effectively across 
     jurisdictional boundaries and effectuate interoperability;
       ``(2) develop and improve access to crime solving 
     technologies, including DNA analysis, photo enhancement, 
     voice recognition, and other forensic capabilities; and
       ``(3) promote comprehensive crime analysis by utilizing new 
     techniques and technologies, such as crime mapping, that 
     allow law enforcement agencies to use real-time crime and 
     arrest data and other related information--including non-
     criminal justice data--to improve their ability to analyze, 
     predict, and respond pro-actively to local crime and disorder 
     problems, as well as to engage in regional crime analysis.
       ``(f) Community-Based Prosecution Program.--Grants made 
     under subsection (a) may be used to assist State, local or 
     tribal prosecutors' offices in the implementation of 
     community-based prosecution programs that build on local 
     community policing efforts. Funds made available under this 
     subsection may be used to--
       ``(1) hire additional prosecutors who will be assigned to 
     community prosecution programs, including (but not limited 
     to) programs that assign prosecutors to handle cases from 
     specific geographic areas, to address specific violent crime 
     and other local crime problems (including intensive illegal 
     gang, gun and drug enforcement projects and quality of life 
     initiatives), and to address localized violent and other 
     crime problems based on needs identified by local law 
     enforcement agencies, community organizations, and others;
       ``(2) redeploy existing prosecutors to community 
     prosecution programs as described in paragraph (1) of this 
     section by hiring victim and witness coordinators, 
     paralegals, community outreach, and other such personnel; and
       ``(3) establish programs to assist local prosecutors' 
     offices in the implementation of programs that help them 
     identify and respond to priority crime problems in a 
     community with specifically tailored solutions.
       At least 75 percent of the funds made available under this 
     subsection shall be reserved for grants under paragraphs (1) 
     and (2) and of those amounts no more than 10 percent may be 
     used for grants under paragraph (2) and at least 25 percent 
     of the funds shall be reserved for grants under paragraphs 
     (1) and (2) to units of local government with a population of 
     less than 50,000.''.
       (g) Retention Grants.--Section 1703 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd-2) is amended by inserting at the end the following:
       ``(d) Retention Grants.--The Attorney General may use up to 
     5 percent of the funds under subsection (a) to award grants 
     targeted specifically for retention of police officers to 
     grantees in good standing that demonstrate financial hardship 
     or severe budget constraint that impacts the entire local 
     budget and may result in the termination of employment for 
     police officers funded under subsection (b)(1).''.
       (h) Hiring Costs.--Section 1704(c) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd-3(c)) is amended by striking ``$75,000'' and inserting 
     ``$125,000''.
       (i) Definitions.--
       (1) Career Law Enforcement Officer.--Section 1709(1) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3796dd-8) is amended by inserting after 
     ``criminal laws'' the following: ``including sheriffs 
     deputies charged with supervising offenders who are released 
     into the community but also engaged in local community 
     policing efforts.''.
       (2) School Resource Officer.--Section 1709(4) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd-8) is amended--
       (A) by striking subparagraph (A) and inserting the 
     following:

     ``(A) to serve as a law enforcement liaison with other 
     Federal, State, and local law enforcement and regulatory 
     agencies, to address and document crime and disorder problems 
     including gangs and drug activities, firearms and explosives-
     related incidents, and the illegal use and possession of 
     alcohol affecting or occurring in or around an elementary or 
     secondary school;
       (B) by striking subparagraph (E) and inserting the 
     following:

     ``(E) to train students in conflict resolution, restorative 
     justice, and crime awareness, and to provide assistance to 
     and coordinate with other officers, mental health 
     professionals, and youth counselors who are responsible for 
     the implementation of prevention/intervention programs within 
     the schools;''; and
       (C) by adding at the end the following:
       ``(H) to work with school administrators, members of the 
     local parent teacher associations, community organizers, law 
     enforcement, fire departments, and emergency medical 
     personnel in the creation, review, and implementation of a 
     school violence prevention plan;
       ``(I) to assist in documenting the full description of all 
     firearms found or taken into custody on school property and 
     to initiate a firearms trace and ballistics examination for 
     each firearm with the local office of the Bureau of Alcohol, 
     Tobacco, and Firearms;
       ``(J) to document the full description of all explosives or 
     explosive devices found or taken into custody on school 
     property and report to the local office of the Bureau of 
     Alcohol, Tobacco, and Firearms; and

[[Page S5180]]

       ``(K) to assist school administrators with the preparation 
     of the Department of Education, Annual Report on State 
     Implementation of the Gun-Free Schools Act which tracks the 
     number of students expelled per year for bringing a weapon, 
     firearm, or explosive to school.''.
       (j) Authorization of Appropriations.--Section 1001(a)(11) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(11)) is amended--
       (1) by amending subparagraph (A) to read as follows:
       ``(A) There are authorized to be appropriated to carry out 
     part Q, to remain available until expended--
       ``(i) $1,300,000,000 for fiscal year 2000;
       ``(ii) $1,300,000,000 for fiscal year 2001;
       ``(iii) $1,300,000.000 for fiscal year 2002;
       ``(iv) $1,300,000,000 for fiscal year 2003;
       ``(v) $1,300,000,000 for fiscal year 2004; and
       ``(vi) $1,300,000,000 for fiscal year 2005.''; and
       (2) in subparagraph (B)--
       (A) by striking ``3 percent'' and inserting ``5 percent'';
       (B) by striking ``85 percent'' and inserting 
     ``$600,000,000''; and
       (C) by striking ``1701(b),'' and all that follows through 
     ``of part Q'' and inserting the following: ``1701(b) and (c), 
     $150,000,000 to grants for the purposes specified in section 
     1701(d), $350,000,000 to grants for the purposes specified in 
     section 1701(e), and $200,000,000 to grants for the purposes 
     specified in section 1701(f).''.
                                 ______
                                 

                   BYRD (AND KOHL) AMENDMENT NO. 339

  (Ordered to lie on the table.)
  Mr. BYRD (for himself and Mr. Kohl) submitted an amendment intended 
to be proposed by them to the bill, S. 254, supra; as follows:

       At the appropriate place, insert the following:

     SEC. __. TWENTY-FIRST AMENDMENT ENFORCEMENT.

       (a) Shipment of Intoxicating Liquor Into State in Violation 
     of State Law.--The Act entitled ``An Act divesting 
     intoxicating liquors of their interstate character in certain 
     cases'', approved March 1, 1913 (commonly known as the 
     ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at 
     the end the following:

     ``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

       ``(a) Definitions.--In this section--
       ``(1) the term `attorney general' means the attorney 
     general or other chief law enforcement officer of a State, or 
     the designee thereof;
       ``(2) the term `intoxicating liquor' means any spirituous, 
     vinous, malted, fermented, or other intoxicating liquor of 
     any kind;
       ``(3) the term `person' means any individual and any 
     partnership, corporation, company, firm, society, 
     association, joint stock company, trust, or other entity 
     capable of holding a legal or beneficial interest in 
     property, but does not include a State or agency thereof; and
       ``(4) the term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or any territory or possession of the United States.
       ``(b) Action by State Attorney General.--If the attorney 
     general of a State has reasonable cause to believe that a 
     person is engaged in, is about to engage in, or has engaged 
     in, any act that would constitute a violation of a State law 
     regulating the importation or transportation of any 
     intoxicating liquor, the attorney general may bring a civil 
     action in accordance with this section for injunctive relief 
     (including a preliminary or permanent injunction or other 
     order) against the person, as the attorney general determines 
     to be necessary to--
       ``(1) restrain the person from engaging, or continuing to 
     engage, in the violation; and
       ``(2) enforce compliance with the State law.
       ``(c) Federal Jurisdiction.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction over any action brought under this 
     section.
       ``(2) Venue.--An action under this section may be brought 
     only in accordance with section 1391 of title 28, United 
     States Code.
       ``(d) Requirements for Injunctions and Orders.--
       ``(1) In general.--In any action brought under this 
     section, upon a proper showing by the attorney general of the 
     State, the court shall issue a preliminary or permanent 
     injunction or other order without requiring the posting of a 
     bond.
       ``(2) Notice.--No preliminary or permanent injunction or 
     other order may be issued under paragraph (1) without notice 
     to the adverse party.
       ``(3) Form and scope of order.--Any preliminary or 
     permanent injunction or other order entered in an action 
     brought under this section shall--
       ``(A) set forth the reasons for the issuance of the order;
       ``(B) be specific in terms;
       ``(C) describe in reasonable detail, and not by reference 
     to the complaint or other document, the act or acts to be 
     restrained; and
       ``(D) be binding only upon--
       ``(i) the parties to the action and the officers, agents, 
     employees, and attorneys of those parties; and
       ``(ii) persons in active cooperation or participation with 
     the parties to the action who receive actual notice of the 
     order by personal service or otherwise.
       ``(e) Consolidation of Hearing With Trial On Merits.--
       ``(1) In general.--Before or after the commencement of a 
     hearing on an application for a preliminary or permanent 
     injunction or other order under this section, the court may 
     order the trial of the action on the merits to be advanced 
     and consolidated with the hearing on the application.
       ``(2) Admissibility of evidence.--If the court does not 
     order the consolidation of a trial on the merits with a 
     hearing on an application described in paragraph (1), any 
     evidence received upon an application for a preliminary or 
     permanent injunction or other order that would be admissible 
     at the trial on the merits shall become part of the record of 
     the trial and shall not be required to be received again at 
     the trial.
       ``(f) No Right to Trial by Jury.--An action brought under 
     this section shall be tried before the court.
       ``(g) Additional Remedies.--
       ``(1) In general.--A remedy under this section is in 
     addition to any other remedies provided by law.
       ``(2) State court proceedings.--Nothing in this section may 
     be construed to prohibit an authorized State official from 
     proceeding in State court on the basis of an alleged 
     violation of any State law.''.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 340

  (Ordered to lie on the table.)
  Mr. STEVENS submitted an amendment intended to be proposed by him to 
the bill, S. 254, supra; as follows:

       At the appropriate place insert the following new section:

     ``SEC.   . LOCAL ENFORCEMENT OF LOCAL ALCOHOL PROHIBITIONS 
                   THAT REDUCE JUVENILE CRIME IN REMOTE ALASKA 
                   VILLAGES.

       (a) Congressional Findings.--The Congress finds the 
     following:
       (1) Villages in remote areas of Alaska lack local law 
     enforcement due to the absence of a tax base to support such 
     services and to small populations that do not secure 
     sufficient funds under existing state and federal grant 
     program formulas.
       (2) State troopers are often unable to respond to reports 
     of violence in remote villages if there is inclement weather, 
     and often only respond in reported felony cases.
       (3) Studies conclude that alcohol consumption is strongly 
     linked to the commission of violent crimes in remote Alaska 
     villages and that youth are particularly susceptible to 
     developing chronic criminal behaviors associated with alcohol 
     in the absence of early intervention.
       (4) Many remote villages have sought to limit the 
     introduction of alcohol into their communities as a means of 
     early intervention and to reduce criminal conduct among 
     juveniles.
       (5) in many remote villages, there is no person with the 
     authority to enforce these local alcohol restrictions in a 
     manner consistent with judicial standards of due process 
     required under the state and federal constitutions.
       (6) Remote Alaska villages are experiencing a marked 
     increase in births and the number of juveniles residing in 
     villages is expected to increase dramatically in the next 
     five years.
       (7) Adoption of alcohol prohibitions by voters in remote 
     villages represents a community-based effort to reduce 
     juvenile crime, but this local policy choice requires local 
     law enforcement to be effective.
       (b) Grant of Federal Funds.
       (1) The Attorney General is authorized to provide to the 
     State of Alaska funds for state law enforcement, judicial 
     infrastructure and other costs necessary in remote villages 
     to implement the prohibitions on the sale, importation and 
     possession of alcohol adopted pursuant to state local option 
     statutes.
       (2) Funds provided to the State of Alaska under this 
     section shall be in addition to and shall not disqualify the 
     State, local governments, or Indian tribes (as that term is 
     defined in section 4(e) of the Indian Self-Determination and 
     Education Assistance Act (P.L. 93-638, as amended; 25 U.S.C. 
     450b(e) (1998)) from federal funds available under other 
     authority.
       (c) Authorization of Appropriations.
       (1) In General.--There are authorized to be appropriated to 
     carry out this section
       (A) $15,000,000 for fiscal year 2000;
       (B) $17,000,000 for fiscal year 2001; and
       (C) $18,000,000 for fiscal year 2002.
       (2) Source of sums.--Amounts authorized to be appropriated 
     under this subsection may be derived from the Violent Crime 
     Reduction Trust Fund.''.

                          ____________________