[Congressional Record Volume 145, Number 70 (Friday, May 14, 1999)]
[Senate]
[Pages S5382-S5388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

VIOLENT AND REPEAT JUVENILE OFFENDER ACCOUNTABILITY AND REHABILITATION 
                              ACT OF 1999

                                 ______
                                 

                 ALLARD (AND OTHERS) AMENDMENT NO. 351

  (Ordered to lie on the table.)
  Mr. ALLARD (for himself, Mr. Craig, Mr. Helms, and Mr. Enzi) 
submitted an amendment intended to be proposed by them to the bill 
(S.254) to reduce violent juvenile crime, promote accountability by 
rehabilitation of juvenile criminals, punish and deter violent gang 
crime, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . CONSTITUTIONALITY OF MEMORIAL SERVICES AND MEMORIALS 
                   AT PUBLIC SCHOOLS.

       (a) Findings.--The Congress of the United States finds that 
     the saying of a prayer, the reading of a scripture, or the 
     performance of religious music, as part of a memorial service 
     that is held on the campus of a public school in order to 
     honor the memory of any person slain on that campus does not 
     violate the First Amendment to the Constitution of the United 
     States, and that the design and construction of any memorial 
     that is placed on the campus of a public school in order to 
     honor the memory of any person slain on that campus a part of 
     which includes religious symbols, motifs, or sayings does not 
     violate the First Amendment to the Constitution of the United 
     States.
       (b) Lawsuits.--In any lawsuit claiming that the type of 
     memorial or memorial service described in subsection (a) 
     violates the Constitution of the United States--
       (1) each party shall pay its own attorney's fees and costs, 
     notwithstanding any other provision of law, and
       (2) the Attorney General of the United States is authorized 
     to provide legal assistance to the school district or other 
     governmental entity that is defending the legality of such 
     memorial service.
                                 ______
                                 

                  KOHL (AND OTHERS) AMENDMENT NO. 352

  Mr. KOHL (for himself, Mr. Hatch, and Mr. Chafee) proposed an 
amendment to the bill, S. 254, supra; as follows:

       At the appropriate place in the bill, in Title ____, 
     General Provisions, insert the following new sections:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Safe Handgun Storage & Child 
     Handgun Safety Act of 1999''.

     SEC. 2. PURPOSES.

       The purposes of this Act are as follows:
       (a) To promote the safe storage and use of handguns by 
     consumers.
       (b) To prevent unauthorized persons from gaining access to 
     or use of a handgun, including children who may not be in 
     possession of a handgun, unless it is under one the 
     circumstances provided for in the Youth Handgun Safety Act.
       (c) To avoid hindering industry from supplying law abiding 
     citizens firearms for all lawful purposes, including hunting, 
     self-defense, collecting and competitive or recreational 
     shooting.

     SEC. 3. FIREARMS SAFETY.

       (a) Unlawful Acts--
       (1) Mandatory transfer of secure gun storage or safety 
     device.--Section 922 of title 18, United States Code, is 
     amended by inserting after subsection (y) the following:
       ``(z) Secure Gun Storage or Safety Device.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any licensed manufacturer, licensed 
     importer, or licensed dealer to sell, deliver, or transfer 
     any handgun to any person other than any person licensed 
     under the provisions of this chapter, unless the transferee 
     is provided with a secure gun storage or safety device, as 
     described in section 921(a)(35) of this chapter, for that 
     handgun.
       ``(2) Exceptions.--Paragraph (1) does not apply to the--
       ``(A)(i) manufacture for, transfer to, or possession by, 
     the United States or a State or a department or agency of the 
     United States, or a State or a department, agency, or 
     political subdivision of a State, of a handgun; or
       ``(ii) transfer to, or possession by, a law enforcement 
     officer employed by an entity referred to in clause (i) of a 
     handgun for law enforcement purposes (whether on or off 
     duty); or
       ``(B) transfer to, or possession by, a rail police officer 
     employed by a rail carrier and certified or commissioned as a 
     police officer under the laws of a State of a handgun for 
     purposes of law enforcement (whether on or off duty);
       ``(C) transfer to any person of a handgun listed as a curio 
     or relic by the Secretary pursuant to section 921(a)(13); or
       ``(D) transfer to any person of a handgun for which a 
     secure gun storage or safety device is temporarily 
     unavailable for the reasons described in the exceptions 
     stated in section 923(e), provided that the licensed 
     manufacturer, licensed importer, or licensed dealer delivers 
     to the transferee within 10 calendar days from the date of 
     the delivery of the handgun to the transferee a secure gun 
     storage or safety device for the handgun.''.
       ``(3) Liability for use.--(A) Notwithstanding any other 
     provision of law, a person who has lawful possession and 
     control of a handgun, and who uses a secure gun storage or 
     safety device with the handgun, shall be entitled to immunity 
     from a civil liability action as described in this paragraph.
       ``(B) Prospective actions.--A qualified civil liability 
     action may not be brought in

[[Page S5383]]

     any federal or State court. The term `qualified civil 
     liability action' means a civil action brought by any person 
     against a person describe din subparagraph (A0 for damages 
     resulting from the criminal or unlawful misuse of the handgun 
     by a third party, where--
       ``(i) the handgun was accessed by another person who did 
     not have the permission or authorization of the person having 
     lawful possession and control of the handgun to have access 
     to it; and
       ``(ii) at the time access was gained by the person not so 
     authorized, the handgun had been made inoperable by use of a 
     secure gun storage or safety device.
       ``A `qualified civil liability action' shall not include an 
     action brought against the person having lawful possession 
     and control of the handgun for negligent entrustment or 
     negligence per se.
       (b) Civil Penalties.--Section 924 of title 18, United 
     States Code, is amended
       (1) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (2) by adding at the end the following:
       ``(p) Penalties Relating To Secure Gun Storage or Safety 
     Device.--
       ``(1) In general.--
       ``(A) Suspension or revocation of license; civil 
     penalties.--With respect to each violation of section 
     922(z)(1) by a licensed manufacturer, licensed importer, or 
     licensed dealer, the Secretary may, after notice and 
     opportunity for hearing--
       ``(i) suspend for up to six months, or revoke, the license 
     issued to the licensee under this chapter that was used to 
     conduct the firearms transfer; or
       ``(ii) subject the licensee to a civil penalty in an amount 
     equal to not more than $2,500.
       ``(B) Review.--An action of the Secretary under this 
     paragraph may be reviewed only as provided in section 923(f).
       ``(2) Administrative remedies.--The suspension or 
     revocation of a license or the imposition of a civil penalty 
     under paragraph (1) does not preclude any administrative 
     remedy that is otherwise available to the Secretary.''.
       (c) Liability; Evidence.--
       (1) Liability.--Nothing in this Act shall be construed to--
       (A) create a cause of action against any federal firearms 
     licensee or any other person for any civil liability; or
       (B) establish any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this Act shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity, except with respect to an action to enforce 
     paragraphs (1) and (2) of section 922(z), or to give effect 
     to paragraph (3) of section 922(z).
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to bar a governmental action to impose a penalty 
     under section 924(p) of title 18, United States Code, for a 
     failure to comply with section 922(z) of that title.

     SEC. 4. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect 180 days after the date of enactment of this Act.

                                 ______
                                 

                HATCH (AND FEINSTEIN) AMENDMENT NO. 353

  Mr. HATCH (for himself and Mrs. Feinstein) proposed an amendment to 
the bill, S. 254, supra; as follows:

       On page 47, strike line 4 and all that follows through page 
     48, line 9, and insert the following:

     SEC. 204. CRIMINAL STREET GANGS.

       (a) In General.--Section 521 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), in the second undesignated 
     paragraph--
       (A) by striking ``5'' and inserting ``3'';
       (B) by inserting ``, whether formal or informal'' after 
     ``or more persons''; and
       (C) in subparagraph (A), by inserting ``or activities'' 
     after ``purposes'';
       (2) in subsection (b), by inserting after ``10 years'' the 
     following: ``and such person shall be subject to the 
     forfeiture prescribed in section 412 of the Controlled 
     Substances Act (21 U.S.C. 853)'';
       (3) in subsection (c)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting a semicolon;
       (C) by adding at the end the following:
       ``(3) that is a violation of section 522 (relating to the 
     recruitment of persons to participate in criminal gang 
     activity);
       ``(4) that is a violation of section 844, 875, or 876 
     (relating to extortion and threats), section 1084 (relating 
     to gambling), section 1955 (relating to gambling), or chapter 
     73 (relating to obstruction of justice);
       ``(5) that is a violation of section 1956 (relating to 
     money laundering), to the extent that 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
       ``(6) 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); 
     and
       ``(7) a conspiracy, attempt, or solicitation to commit an 
     offense described in paragraphs (1) through (6).''.
       (b) Technical and Conforming Amendment.--Section 3663(c)(4) 
     of title 18, United States Code, is amended by striking 
     ``chapter 46'' and inserting ``section 521, chapter 46,''.
       On page 51, line 12, strike ``25 percent'' and insert ``40 
     percent''.
       On page 51, line 10, strike ``75 percent'' and insert ``60 
     percent''.
       On page 54, after line 16, add the following:

     SEC. 207. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN 
                   CRIME AS A GANG MEMBER.

       (a) Definition of Criminal Street Gang.--In this section, 
     the term ``criminal street gang'' has the meaning given that 
     term in section 521(a) of title 18, United States Code, as 
     amended by section 204 of this Act.
       (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 the Federal Sentencing 
     Guidelines to provide an appropriate enhancement for any 
     Federal offense described in section 521(c) of title 18, 
     United States Code as amended by section 204 of this Act, 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.
       (2) Factors to be considered.--In determining an 
     appropriate enhancement under this section, the United States 
     Sentencing Commission shall give great weight to the 
     seriousness of the offense, the offender's relative position 
     in the criminal gang, and the risk of death or serious bodily 
     injury to any person posed by the offense.
       (c) Construction With Other Guidelines.--The amendment made 
     by 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. 208. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN 
                   AID OF CRIMINAL GANGS.

       (a) Travel Act Amendment.--Section 1952 of title 18, United 
     States Code, is amended to read as follows:

     ``Sec. 1952. Interstate and foreign travel or transportation 
       in aid of racketeering enterprises

       ``(a) Prohibited Conduct and Penalties.--
       ``(1) In general.--Whoever--
       ``(A) travels in interstate or foreign commerce or uses the 
     mail or any facility in interstate or foreign commerce, with 
     intent to--
       ``(i) distribute the proceeds of any unlawful activity; or
       ``(ii) otherwise promote, manage, establish, carry on, or 
     facilitate the promotion, management, establishment, or 
     carrying on, of any unlawful activity; and
       ``(B) after travel or use of the mail or any facility in 
     interstate or foreign commerce described in subparagraph (A), 
     performs, attempts to perform, or conspires to perform an act 
     described in clause (i) or (ii) of subparagraph (A);

     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(2) Crimes of violence.--Whoever--
       ``(A) travels in interstate or foreign commerce or uses the 
     mail or any facility in interstate or foreign commerce, with 
     intent to commit any crime of violence to further any 
     unlawful activity; and
       ``(B) after travel or use of the mail or any facility in 
     interstate or foreign commerce described in subparagraph (A), 
     commits, attempts to commit, or conspires to commit any crime 
     of violence to further any unlawful activity;

     shall be fined under this title, imprisoned for not more than 
     20 years, or both, and if death results shall be sentenced to 
     death or be imprisoned for any term of years or for life.
       ``(b) Definitions.--In this section:
       ``(1) Controlled substance.--The term `controlled 
     substance' has the meaning given that term in section 102(6) 
     of the Controlled Substances Act (21 U.S.C. 802(6)).
       ``(2) State.--The term `State' includes a State of the 
     United States, the District of Columbia, and any 
     commonwealth, territory, or possession of the United States.
       ``(3) Unlawful activity.--The term `unlawful activity' 
     means--
       ``(A) any business enterprise involving gambling, liquor on 
     which the Federal excise tax has not been paid, narcotics or 
     controlled substances, or prostitution offenses in violation 
     of the laws of the State in which the offense is committed or 
     of the United States;
       ``(B) extortion, bribery, arson, burglary if the offense 
     involves property valued at not less than $10,000, assault 
     with a deadly weapon, assault resulting in bodily injury, 
     shooting at an occupied dwelling or motor vehicle, or 
     retaliation against or intimidation of witnesses, victims, 
     jurors, or informants, in violation of the laws of the State 
     in which the offense is committed or of the United States;
       ``(C) the use of bribery, force, intimidation, or threat, 
     directed against any person, to delay or influence the 
     testimony of or prevent from testifying a witness in a State 
     criminal proceeding or by any such means to cause any person 
     to destroy, alter, or conceal a record, document, or other 
     object, with intent to impair the object's integrity or 
     availability for use in such a proceeding; or
       ``(D) any act that is indictable under section 1956 or 1957 
     of this title or under subchapter II of chapter 53 of title 
     31.''.
       (b) Amendment of Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States

[[Page S5384]]

     Code, the United States Sentencing Commission shall amend 
     chapter 2 of the Federal Sentencing Guidelines to provide an 
     appropriate increase in the offense levels for traveling in 
     interstate or foreign commerce in aid of unlawful activity.
       (2) Unlawful activity defined.--In this subsection, the 
     term ``unlawful activity'' has the meaning given that term in 
     section 1952(b) of title 18, United States Code, as amended 
     by this section.
       (3) Sentencing enhancement for recruitment across state 
     lines.--Pursuant to its authority under section 994(p) of 
     title 28, United States Code, the United States Sentencing 
     Commission shall amend the Federal Sentencing Guidelines to 
     provide an appropriate enhancement for a person who, in 
     violating section 522 of title 18, United States Code (as 
     added by section 207 of this Act), recruits, solicits, 
     induces, commands, or causes another person residing in 
     another State to be or to remain a member of a criminal 
     street gang, or crosses a State line with the intent to 
     recruit, solicit, induce, command, or cause another person to 
     be or to remain a member of a criminal street gang.

     SEC. 209. PROHIBITIONS RELATING TO FIREARMS.

       (a) 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);''.
       (b) Transfer of Firearms to Minors for Use in Crime.--
     Section 924(h) of title 18, United States Code, is amended by 
     inserting ``and if the transferee is a person who is under 18 
     years of age, imprisoned not less than 3 years,'' after ``10 
     years,''.

     SEC. 210. CLONE PAGERS.

       (a) In General.--Section 2511(2)(h) of title 18, United 
     States Code, is amended by striking clause (i) and inserting 
     the following:
       ``(i) to use a pen register, trap and trace device, or 
     clone pager, as those terms are defined in chapter 206 of 
     this title (relating to pen registers, trap and trace 
     devices, and clone pagers); or'';
       (b) Exception.--Section 3121 of title 18, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--Except as provided in this section, no 
     person may install or use a pen register, trap and trace 
     device, or clone pager without first obtaining a court order 
     under section 3123 or 3129 of this title, or under the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.).'';
       (2) in subsection (b), by striking ``a pen register or a 
     trap and trace device'' and inserting ``a pen register, trap 
     and trace device, or clone pager''; and
       (3) by striking the section heading and inserting the 
     following:

     ``Sec. 3121. General prohibition on pen register, trap and 
       trace device, and clone pager use; exception''.

       (c) Assistance.--Section 3124 of title 18, United States 
     Code, is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Clone Pager.--Upon the request of an attorney for the 
     Government or an officer of a law enforcement agency 
     authorized to use a clone pager under this chapter, a 
     provider of electronic communication service shall furnish to 
     such investigative or law enforcement officer all 
     information, facilities, and technical assistance necessary 
     to accomplish the use of the clone pager unobtrusively and 
     with a minimum of interference with the services that the 
     person so ordered by the court provides to the subscriber, if 
     such assistance is directed by a court order, as provided in 
     section 3129(b)(2) of this title.''; and
       (3) by striking the section heading and inserting the 
     following:

     ``Sec. 3124. Assistance in installation and use of a pen 
       register, trap and trace device, or clone pager''.

       (d) Emergency Installations.--Section 3125 of title 18, 
     United States Code, is amended--
       (1) by striking ``pen register or a trap and trace device'' 
     and ``pen register or trap and trace device'' each place they 
     appear and inserting ``pen register, trap and trace device, 
     or clone pager'';
       (2) in subsection (a), by striking ``an order approving the 
     installation or use is issued in accordance with section 3123 
     of this title'' and inserting ``an application is made for an 
     order approving the installation or use in accordance with 
     section 3122 or section 3128 of this title'';
       (3) in subsection (b), by adding at the end the following: 
     ``If such application for the use of a clone pager is denied, 
     or in any other case in which the use of the clone pager is 
     terminated without an order having been issued, an inventory 
     shall be served as provided for in section 3129(e) of this 
     title.''; and
       (4) by striking the section heading and inserting the 
     following:

     ``Sec. 3125. Emergency installation and use of pen register, 
       trap and trace device, and clone pager''.

       (e) Reports.--Section 3126 of title 18, United States Code, 
     is amended--
       (1) by striking ``pen register orders and orders for trap 
     and trace devices'' and inserting ``orders for pen registers, 
     trap and trace devices, and clone pagers''; and
       (2) by striking the section heading and inserting the 
     following:

     ``Sec. 3126. Reports concerning pen registers, trap and trace 
       devices, and clone pagers''.

       (f) Definitions.--Section 3127 of title 18, United States 
     Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``or'' at the end; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) with respect to an application for the use of a pen 
     register or trap and trace device, a court of general 
     criminal jurisdiction of a State authorized by the law of 
     that State to enter orders authorizing the use of a pen 
     register or a trap and trace device; or
       ``(C) with respect to an application for the use of a clone 
     pager, a court of general criminal jurisdiction of a State 
     authorized by the law of that State to issue orders 
     authorizing the use of a clone pager;'';
       (2) in paragraph (5), by striking ``and'' at the end;
       (3) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(7) the term `clone pager' means a numeric display device 
     that receives communications intended for another numeric 
     display paging device.''.
       (g) Applications.--Chapter 206 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3128. Application for an order for use of a clone 
       pager

       ``(a) Application.--
       ``(1) Federal representatives.--Any attorney for the 
     Government may apply to a court of competent jurisdiction for 
     an order or an extension of an order under section 3129 of 
     this title authorizing the use of a clone pager.
       ``(2) State representatives.--A State investigative or law 
     enforcement officer may, if authorized by a State statute, 
     apply to a court of competent jurisdiction of such State for 
     an order or an extension of an order under section 3129 of 
     this title authorizing the use of a clone pager.
       ``(b) Contents of Application.--An application under 
     subsection (a) of this section shall include--
       ``(1) the identity of the attorney for the Government or 
     the State law enforcement or investigative officer making the 
     application and the identity of the law enforcement agency 
     conducting the investigation;
       ``(2) the identity, if known, of the individual or 
     individuals using the numeric display paging device to be 
     cloned;
       ``(3) a description of the numeric display paging device to 
     be cloned;
       ``(4) a description of the offense to which the information 
     likely to be obtained by the clone pager relates;
       ``(5) the identity, if known, of the person who is subject 
     of the criminal investigation; and
       ``(6) an affidavit or affidavits, sworn to before the court 
     of competent jurisdiction, establishing probable cause to 
     believe that information relevant to an ongoing criminal 
     investigation being conducted by that agency will be obtained 
     through use of the clone pager.

     ``Sec. 3129. Issuance of an order for use of a clone pager

       ``(a) In General.--Upon an application made under section 
     3128 of this title, the court shall enter an ex parte order 
     authorizing the use of a clone pager within the jurisdiction 
     of the court if the court finds that the application has 
     established probable cause to believe that information 
     relevant to an ongoing criminal investigation being conducted 
     by that agency will be obtained through use of the clone 
     pager.
       ``(b) Contents of an Order.--An order issued under this 
     section--
       ``(1) shall specify--
       ``(A) the identity, if known, of the individual or 
     individuals using the numeric display paging device to be 
     cloned;
       ``(B) the numeric display paging device to be cloned;
       ``(C) the identity, if known, of the subscriber to the 
     pager service; and
       ``(D) the offense to which the information likely to be 
     obtained by the clone pager relates; and
       ``(2) shall direct, upon the request of the applicant, the 
     furnishing of information, facilities, and technical 
     assistance necessary to use the clone pager under section 
     3124 of this title.
       ``(c) Time Period and Extensions.--
       ``(1) In general.--An order issued under this section shall 
     authorize the use of a clone pager for a period not to exceed 
     30 days. Such 30-day period shall begin on the earlier of the 
     day on which the investigative or law enforcement officer 
     first begins use of the clone pager under the order or the 
     tenth day after the order is entered.
       ``(2) Extensions.--Extensions of an order issued under this 
     section may be granted, but only upon an application for an 
     order under section 3128 of this title and upon the judicial 
     finding required by subsection (a). An extension under this 
     paragraph shall be for a period not to exceed 30 days.
       ``(3) Report.--Within a reasonable time after the 
     termination of the period of a clone

[[Page S5385]]

     pager order or any extensions thereof under this subsection, 
     the applicant shall report to the issuing court the number of 
     numeric pager messages acquired through the use of the clone 
     pager during such period.
       ``(d) Nondisclosure of Existence of Clone Pager.--An order 
     authorizing the use of a clone pager shall direct that--
       ``(1) the order shall be sealed until otherwise ordered by 
     the court; and
       ``(2) the person who has been ordered by the court to 
     provide assistance to the applicant may not disclose the 
     existence of the clone pager or the existence of the 
     investigation to the listed subscriber, or to any other 
     person, until otherwise ordered by the court.
       ``(e) Notification.--
       ``(1) In general.--Within a reasonable time, not later than 
     90 days after the date of termination of the period of a 
     clone pager order or any extensions thereof, the issuing 
     judge shall cause to be served, on the individual or 
     individuals using the numeric display paging device that was 
     cloned, an inventory including notice of--
       ``(A) the fact of the entry of the order or the 
     application;
       ``(B) the date of the entry and the period of clone pager 
     use authorized, or the denial of the application; and
       ``(C) whether or not information was obtained through the 
     use of the clone pager.
       ``(2) Postponement.--Upon an ex-parte showing of good 
     cause, a court of competent jurisdiction may in its 
     discretion postpone the serving of the notice required by 
     this subsection.''.
       (h) Clerical Amendments.--The table of sections for chapter 
     206 of title 18, United States Code, is amended--
       (1) by striking the item relating to section 3121 and 
     inserting the following:

``3121. General prohibition on pen register, trap and trace device, and 
              clone pager use; exception.'';
       (2) by striking the items relating to sections 3124, 3125, 
     and 3126 and inserting the following:

``3124. Assistance in installation and use of a pen register, trap and 
              trace device, or clone pager.
``3125. Emergency installation and use of pen register, trap and trace 
              device, and clone pager.
``3126. Reports concerning pen registers, trap and trace devices, and 
              clone pagers.''; and
       (3) by adding at the end the following:

``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager''.
       (i) Conforming Amendment.--Section 704(a) of the 
     Communications Act of 1934 (47 U.S.C. 605(a)) is amended by 
     striking ``chapter 119,'' and inserting ``chapters 119 and 
     206 of''.
       Add the following at the end:

     SEC. 402. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN 
                   INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE 
                   DEVICES, AND WEAPONS OF MASS DESTRUCTION.

       (a) Unlawful Conduct.--Section 842 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(p) Distribution of Information Relating to Explosives, 
     Destructive Devices, and Weapons of Mass Destruction.--
       ``(1) Definitions.--In this subsection:
       ``(A) The term `destructive device' has the same meaning as 
     in section 921(a)(4).
       ``(B) The term `explosive' has the same meaning as in 
     section 844(j).
       ``(C) The term `weapon of mass destruction' has the same 
     meaning as in section 2332a(c)(2).
       ``(2) Prohibition.--It shall be unlawful for any person--
       ``(A) to teach or demonstrate the making or use of an 
     explosive, a destructive device, or a weapon of mass 
     destruction, or to distribute by any means information 
     pertaining to, in whole or in part, the manufacture or use of 
     an explosive, destructive device, or weapon of mass 
     destruction, with the intent that the teaching, 
     demonstration, or information be used for, or in furtherance 
     of, an activity that constitutes a Federal crime of violence; 
     or
       ``(B) to teach or demonstrate to any person the making or 
     use of an explosive, a destructive device, or a weapon of 
     mass destruction, or to distribute to any person, by any 
     means, information pertaining to, in whole or in part, the 
     manufacture or use of an explosive, destructive device, or 
     weapon of mass destruction, knowing that such person intends 
     to use the teaching, demonstration, or information for, or in 
     furtherance of, an activity that constitutes a Federal crime 
     of violence.''.
       (b) Penalties.--Section 844 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``person who violates 
     any of subsections'' and inserting the following: ``person 
     who--
       ``(1) violates any of subsections'';
       (2) by striking the period at the end and inserting ``; 
     and'';
       (3) by adding at the end the following:
       ``(2) violates subsection (p)(2) of section 842, shall be 
     fined under this title, imprisoned not more than 20 years, or 
     both.''; and
       (4) in subsection (j), by striking ``and (i)'' and 
     inserting ``(i), and (p)''.
                Subtitle C--James Guelff Body Armor Act

     SEC. 441. SHORT TITLE.

       This subtitle may be cited as the ``James Guelff Body Armor 
     Act of 1999''.

     SEC. 442. FINDINGS.

       Congress finds that--
       (1) nationally, police officers and ordinary citizens are 
     facing increased danger as criminals use more deadly 
     weaponry, body armor, and other sophisticated assault gear;
       (2) crime at the local level is exacerbated by the 
     interstate movement of body armor and other assault gear;
       (3) there is a traffic in body armor moving in or otherwise 
     affecting interstate commerce, and existing Federal controls 
     over such traffic do not adequately enable the States to 
     control this traffic within their own borders through the 
     exercise of their police power;
       (4) recent incidents, such as the murder of San Francisco 
     Police Officer James Guelff by an assailant wearing 2 layers 
     of body armor and a 1997 bank shoot out in north Hollywood, 
     California, between police and 2 heavily armed suspects 
     outfitted in body armor, demonstrate the serious threat to 
     community safety posed by criminals who wear body armor 
     during the commission of a violent crime;
       (5) of the approximately 1,200 officers killed in the line 
     of duty since 1980, more than 30 percent could have been 
     saved by body armor, and the risk of dying from gunfire is 14 
     times higher for an officer without a bulletproof vest;
       (6) the Department of Justice has estimated that 25 percent 
     of State and local police are not issued body armor;
       (7) the Federal Government is well-equipped to grant local 
     police departments access to body armor that is no longer 
     needed by Federal agencies; and
       (8) Congress has the power, under the interstate commerce 
     clause and other provisions of the Constitution of the United 
     States, to enact legislation to regulate interstate commerce 
     that affects the integrity and safety of our communities.

     SEC. 443. DEFINITIONS.

       In this subtitle:
       (1) Body armor.--The term ``body armor'' means any product 
     sold or offered for sale, in interstate or foreign commerce, 
     as personal protective body covering intended to protect 
     against gunfire, regardless of whether the product is to be 
     worn alone or is sold as a complement to another product or 
     garment.
       (2) Law enforcement agency.--The term ``law enforcement 
     agency'' means an agency of the United States, a State, or a 
     political subdivision of a State, authorized by law or by a 
     government agency to engage in or supervise the prevention, 
     detection, investigation, or prosecution of any violation of 
     criminal law.
       (3) Law enforcement officer.--The term ``law enforcement 
     officer'' means any officer, agent, or employee of the United 
     States, a State, or a political subdivision of a State, 
     authorized by law or by a government agency to engage in or 
     supervise the prevention, detection, investigation, or 
     prosecution of any violation of criminal law.

     SEC. 444. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO 
                   BODY ARMOR.

       (a) Sentencing Enhancement.--The United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     provide an appropriate sentencing enhancement, increasing the 
     offense level not less than 2 levels, for any offense in 
     which the defendant used body armor.
       (b) Applicability.--No amendment made to the Federal 
     Sentencing Guidelines pursuant to this section shall apply if 
     the Federal offense in which the body armor is used 
     constitutes a violation of, attempted violation of, or 
     conspiracy to violate the civil rights of any person by a law 
     enforcement officer acting under color of the authority of 
     such law enforcement officer.

     SEC. 445. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY 
                   ARMOR BY VIOLENT FELONS.

       (a) Definition of Body Armor.--Section 921 of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(35) The term `body armor' means any product sold or 
     offered for sale, in interstate or foreign commerce, as 
     personal protective body covering intended to protect against 
     gunfire, regardless of whether the product is to be worn 
     alone or is sold as a complement to another product or 
     garment.''.
       (b) Prohibition.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Prohibition on purchase, ownership, or possession 
       of body armor by violent felons

       ``(a) In General.--Except as provided in subsection (b), it 
     shall be unlawful for a person to purchase, own, or possess 
     body armor, if that person has been convicted of a felony 
     that is--
       ``(1) a crime of violence (as defined in section 16); or
       ``(2) an offense under State law that would constitute a 
     crime of violence under paragraph (1) if it occurred within 
     the special maritime and territorial jurisdiction of the 
     United States.
       ``(b) Affirmative Defense.--
       ``(1) In general.--It shall be an affirmative defense under 
     this section that--
       ``(A) the defendant obtained prior written certification 
     from his or her employer that the defendant's purchase, use, 
     or possession of body armor was necessary for the safe 
     performance of lawful business activity; and
       ``(B) the use and possession by the defendant were limited 
     to the course of such performance.

[[Page S5386]]

       ``(2) Employer.--In this subsection, the term `employer' 
     means any other individual employed by the defendant's 
     business that supervises defendant's activity. If that 
     defendant has no supervisor, prior written certification is 
     acceptable from any other employee of the business.''.
       (2) Clerical amendment.--The analysis for chapter 44 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``931. Prohibition on purchase, ownership, or possession of body armor 
              by violent felons.''.
       (c) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7) Whoever knowingly violates section 931 shall be fined 
     under this title, imprisoned not more than 3 years, or 
     both.''.

     SEC. 446. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND 
                   LOCAL LAW ENFORCEMENT AGENCIES.

       (a) Definitions.--In this section, the terms ``Federal 
     agency'' and ``surplus property'' have the meanings given 
     such terms under section 3 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 472).
       (b) Donation of Body Armor.--Notwithstanding section 203 of 
     the Federal Property and Administrative Services Act of 1949 
     (40 U.S.C. 484), the head of a Federal agency may donate body 
     armor directly to any State or local law enforcement agency, 
     if such body armor is--
       (1) in serviceable condition; and
       (2) surplus property.
       (c) Notice to Administrator.--The head of a Federal agency 
     who donates body armor under this section shall submit to the 
     Administrator of General Services a written notice 
     identifying the amount of body armor donated and each State 
     or local law enforcement agency that received the body armor.
       (d) Donation by Certain Officers.--
       (1) Department of justice.--In the administration of this 
     section with respect to the Department of Justice, in 
     addition to any other officer of the Department of Justice 
     designated by the Attorney General, the following officers 
     may act as the head of a Federal agency:
       (A) The Administrator of the Drug Enforcement 
     Administration.
       (B) The Director of the Federal Bureau of Investigation.
       (C) The Commissioner of the Immigration and Naturalization 
     Service.
       (D) The Director of the United States Marshals Service.
       (2) Department of the treasury.--In the administration of 
     this section with respect to the Department of the Treasury, 
     in addition to any other officer of the Department of the 
     Treasury designated by the Secretary of the Treasury, the 
     following officers may act as the head of a Federal agency:
       (A) The Director of the Bureau of Alcohol, Tobacco, and 
     Firearms.
       (B) The Commissioner of Customs.
       (C) The Director of the United States Secret Service.

     SEC. 447. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) Officer Dale Claxton of the Cortez, Colorado, Police 
     Department was shot and killed by bullets that passed through 
     the windshield of his police car after he stopped a stolen 
     truck, and his life may have been saved if his police car had 
     been equipped with bullet resistant equipment;
       (2) the number of law enforcement officers who are killed 
     in the line of duty would significantly decrease if every law 
     enforcement officer in the United States had access to 
     additional bullet resistant equipment;
       (3) according to studies, between 1985 and 1994, 709 law 
     enforcement officers in the United States were feloniously 
     killed in the line of duty;
       (4) the Federal Bureau of Investigation estimates that the 
     risk of fatality to law enforcement officers while not 
     wearing bullet resistant equipment, such as an armor vest, is 
     14 times higher than for officers wearing an armor vest;
       (5) according to studies, between 1985 and 1994, bullet-
     resistant materials helped save the lives of more than 2,000 
     law enforcement officers in the United States; and
       (6) the Executive Committee for Indian Country Law 
     Enforcement Improvements reports that violent crime in Indian 
     country has risen sharply despite a decrease in the national 
     crime rate, and has concluded that there is a ``public safety 
     crisis in Indian country''.
       (b) Purpose.--The purpose of this chapter is to save lives 
     of law enforcement officers by helping State, local, and 
     tribal law enforcement agencies provide officers with bullet 
     resistant equipment and video cameras.

     SEC. 448. MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT BULLET 
                   RESISTANT EQUIPMENT AND FOR VIDEO CAMERAS.

       (a) In General.--Part Y of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll et 
     seq.) is amended--
       (1) by striking the part designation and part heading and 
     inserting the following:

         ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT

             ``Subpart A--Grant Program For Armor Vests'';

       (2) by striking ``this part'' each place it appears and 
     inserting ``this subpart''; and
       (3) by adding at the end the following:

       ``Subpart B--Grant Program For Bullet Resistant Equipment

     ``SEC. 2511. PROGRAM AUTHORIZED.

       ``(a) In General.--The Director of the Bureau of Justice 
     Assistance is authorized to make grants to States, units of 
     local government, and Indian tribes to purchase bullet 
     resistant equipment for use by State, local, and tribal law 
     enforcement officers.
       ``(b) Uses of Funds.--Grants awarded under this section 
     shall be--
       ``(1) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       ``(2) used for the purchase of bullet resistant equipment 
     for law enforcement officers in the jurisdiction of the 
     grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this subpart, the Director of the Bureau of Justice 
     Assistance may give preferential consideration, if feasible, 
     to an application from a jurisdiction that--
       ``(1) has the greatest need for bullet resistant equipment 
     based on the percentage of law enforcement officers in the 
     department who do not have access to a vest;
       ``(2) has a violent crime rate at or above the national 
     average as determined by the Federal Bureau of Investigation; 
     or
       ``(3) has not received a block grant under the Local Law 
     Enforcement Block Grant program described under the heading 
     `Violent Crime Reduction Programs, State and Local Law 
     Enforcement Assistance' of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119).
       ``(d) Minimum Amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.25 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section except that the United States Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands shall 
     each be allocated 0.10 percent.
       ``(e) Maximum Amount.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated in each fiscal year 
     for grants under this section, except that a State, together 
     with the grantees within the State may not receive more than 
     20 percent of the total amount appropriated in each fiscal 
     year for grants under this section.
       ``(f) Matching Funds.--The portion of the costs of a 
     program provided by a grant under subsection (a) may not 
     exceed 50 percent. Any funds appropriated by Congress for the 
     activities of any agency of an Indian tribal government or 
     the Bureau of Indian Affairs performing law enforcement 
     functions on any Indian lands may be used to provide the non-
     Federal share of a matching requirement funded under this 
     subsection.
       ``(g) Allocation of Funds.--At least half of the funds 
     available under this subpart shall be awarded to units of 
     local government with fewer than 100,000 residents.

     ``SEC. 2512. APPLICATIONS.

       ``(a) In General.--To request a grant under this subpart, 
     the chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Director of 
     the Bureau of Justice Assistance in such form and containing 
     such information as the Director may reasonably require.
       ``(b) Regulations.--Not later than 90 days after the date 
     of the enactment of this subpart, the Director of the Bureau 
     of Justice Assistance shall promulgate regulations to 
     implement this section (including the information that must 
     be included and the requirements that the States, units of 
     local government, and Indian tribes must meet) in submitting 
     the applications required under this section.
       ``(c) Eligibility.--A unit of local government that 
     receives funding under the Local Law Enforcement Block Grant 
     program (described under the heading `Violent Crime Reduction 
     Programs, State and Local Law Enforcement Assistance' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     104-119)) during a fiscal year in which it submits an 
     application under this subpart shall not be eligible for a 
     grant under this subpart unless the chief executive officer 
     of such unit of local government certifies and provides an 
     explanation to the Director that the unit of local government 
     considered or will consider using funding received under the 
     block grant program for any or all of the costs relating to 
     the purchase of bullet resistant equipment, but did not, or 
     does not expect to use such funds for such purpose.

     ``SEC. 2513. DEFINITIONS.

       ``In this subpart--
       ``(1) the term `equipment' means windshield glass, car 
     panels, shields, and protective gear;
       ``(2) the term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands;
       ``(3) the term `unit of local government' means a county, 
     municipality, town, township, village, parish, borough, or 
     other unit of general government below the State level;
       (4) the term `Indian tribe' has the same meaning as in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)); and
       ``(5) the term `law enforcement officer' means any officer, 
     agent, or employee of a

[[Page S5387]]

     State, unit of local government, or Indian tribe authorized 
     by law or by a government agency to engage in or supervise 
     the prevention, detection, or investigation of any violation 
     of criminal law, or authorized by law to supervise sentenced 
     criminal offenders.

              ``Subpart C--Grant Program For Video Cameras

     ``SEC. 2521. PROGRAM AUTHORIZED.

       ``(a) In General.--The Director of the Bureau of Justice 
     Assistance is authorized to make grants to States, units of 
     local government, and Indian tribes to purchase video cameras 
     for use by State, local, and tribal law enforcement agencies 
     in law enforcement vehicles.
       ``(b) Uses of Funds.--Grants awarded under this section 
     shall be--
       ``(1) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       ``(2) used for the purchase of video cameras for law 
     enforcement vehicles in the jurisdiction of the grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this subpart, the Director of the Bureau of Justice 
     Assistance may give preferential consideration, if feasible, 
     to an application from a jurisdiction that--
       ``(1) has the greatest need for video cameras, based on the 
     percentage of law enforcement officers in the department do 
     not have access to a law enforcement vehicle equipped with a 
     video camera;
       ``(2) has a violent crime rate at or above the national 
     average as determined by the Federal Bureau of Investigation; 
     or
       ``(3) has not received a block grant under the Local Law 
     Enforcement Block Grant program described under the heading 
     `Violent Crime Reduction Programs, State and Local Law 
     Enforcement Assistance' of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119).
       ``(d) Minimum Amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.25 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section, except that the United States Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands shall 
     each be allocated 0.10 percent.
       ``(e) Maximum Amount.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated in each fiscal year 
     for grants under this section, except that a State, together 
     with the grantees within the State may not receive more than 
     20 percent of the total amount appropriated in each fiscal 
     year for grants under this section.
       ``(f) Matching Funds.--The portion of the costs of a 
     program provided by a grant under subsection (a) may not 
     exceed 50 percent. Any funds appropriated by Congress for the 
     activities of any agency of an Indian tribal government or 
     the Bureau of Indian Affairs performing law enforcement 
     functions on any Indian lands may be used to provide the non-
     Federal share of a matching requirement funded under this 
     subsection.
       ``(g) Allocation of Funds.--At least half of the funds 
     available under this subpart shall be awarded to units of 
     local government with fewer than 100,000 residents.

     ``SEC. 2522. APPLICATIONS.

       ``(a) In General.--To request a grant under this subpart, 
     the chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Director of 
     the Bureau of Justice Assistance in such form and containing 
     such information as the Director may reasonably require.
       ``(b) Regulations.--Not later than 90 days after the date 
     of the enactment of this subpart, the Director of the Bureau 
     of Justice Assistance shall promulgate regulations to 
     implement this section (including the information that must 
     be included and the requirements that the States, units of 
     local government, and Indian tribes must meet) in submitting 
     the applications required under this section.
       ``(c) Eligibility.--A unit of local government that 
     receives funding under the Local Law Enforcement Block Grant 
     program (described under the heading `Violent Crime Reduction 
     Programs, State and Local Law Enforcement Assistance' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     105-119)) during a fiscal year in which it submits an 
     application under this subpart shall not be eligible for a 
     grant under this subpart unless the chief executive officer 
     of such unit of local government certifies and provides an 
     explanation to the Director that the unit of local government 
     considered or will consider using funding received under the 
     block grant program for any or all of the costs relating to 
     the purchase of video cameras, but did not, or does not 
     expect to use such funds for such purpose.

     ``SEC. 2523. DEFINITIONS.

       ``In this subpart--
       ``(1) the term `Indian tribe' has the same meaning as in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e));
       ``(2) the term `law enforcement officer' means any officer, 
     agent, or employee of a State, unit of local government, or 
     Indian tribe authorized by law or by a government agency to 
     engage in or supervise the prevention, detection, or 
     investigation of any violation of criminal law, or authorized 
     by law to supervise sentenced criminal offenders;
       ``(3) the term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands; and
       ``(4) the term `unit of local government' means a county, 
     municipality, town, township, village, parish, borough, or 
     other unit of general government below the State level.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3793(a)) is amended by striking paragraph (23) and 
     inserting the following:
       ``(23) There are authorized to be appropriated to carry out 
     part Y--
       ``(A) $25,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart A of that part;
       ``(B) $40,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart B of that part; and
       ``(C) $25,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart C of that part.''.
       (c) Clerical Amendments.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended--
       (1) by striking the item relating to the part heading of 
     part Y and inserting the following:

         ``Part Y--Matching Grants Programs for Law Enforcement

           ``subpart a--grant program for armor vests''; and

       (2) by adding at the end of the matter relating to part Y 
     the following:

       ``subpart b--grant program for bullet resistant equipment

``2511. Program authorized.
``2512. Applications.
``2513. Definitions.

              ``subpart c--grant program for video cameras

``2521. Program authorized.
``2522. Applications.
``2523. Definitions.''.

     SEC. 449. SENSE OF CONGRESS.

       In the case of any equipment or products that may be 
     authorized to be purchased with financial assistance provided 
     using funds appropriated or otherwise made available under 
     subpart B or C of part Y of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968, as added by this 
     chapter, it is the sense of the Congress that entities 
     receiving the assistance should, in expending the assistance, 
     purchase only American-made equipment and products.

     SEC. 450. TECHNOLOGY DEVELOPMENT.

       Section 202 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3722) is amended by adding at the end 
     the following:
       ``(e) Bullet Resistant Technology Development.--
       ``(1) In general.--The Institute is authorized to--
       ``(A) conduct research and otherwise work to develop new 
     bullet resistant technologies (i.e., acrylic, polymers, 
     aluminized material, and transparent ceramics) for use in 
     police equipment (including windshield glass, car panels, 
     shields, and protective gear);
       ``(B) inventory bullet resistant technologies used in the 
     private sector, in surplus military property, and by foreign 
     countries;
       ``(C) promulgate relevant standards for, and conduct 
     technical and operational testing and evaluation of, bullet 
     resistant technology and equipment, and otherwise facilitate 
     the use of that technology in police equipment.
       ``(2) Priority.--In carrying out this subsection, the 
     Institute shall give priority in testing and engineering 
     surveys to law enforcement partnerships developed in 
     coordination with High Intensity Drug Trafficking Areas.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for fiscal years 2000 through 2002.''.

     SEC. 451. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR 
                   VESTS.

       Section 2501(f) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796ll(f)) is amended--
       (1) by striking ``The portion'' and inserting the 
     following:
       ``(1) In general.--Subject to paragraph (2), the portion''; 
     and
       (2) by adding at the end the following:
       ``(2) Waiver.--The Director may waive, in whole or in part, 
     the requirement of paragraph (1) in the case of fiscal 
     hardship, as determined by the Director.''.
        Subtitle D--Animal Enterprise Terrorism and Ecoterrorism

     SEC. 461. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE 
                   TERRORISM.

       Section 43 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A), by striking ``under this title'' and inserting 
     ``consistent with this title or double the amount of damages, 
     whichever is greater,''; and
       (B) by striking ``one year'' and inserting ``five years''; 
     and
       (2) in subsection (b)--
       (A) by redesignating paragraph (2) as paragraph (3);

[[Page S5388]]

       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)  Explosives or arson.--Whoever in the course of a 
     violation of subsection (a) maliciously damages or destroys, 
     or attempts to damage or destroy, by means of fire or an 
     explosive, any building, vehicle, or other real or personal 
     property used by the animal enterprise shall be imprisoned 
     for not less than 5 years and not more than 20 years, fined 
     under this title, or both.''; and
       (C) in paragraph (3), as so redesignated, by striking 
     ``under this title and'' and all that follows through the 
     period and inserting ``under this title, imprisoned for life 
     or for any term of years, or sentenced to death.''.

     SEC. 462. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM INCIDENT 
                   CLEARINGHOUSE.

       (a) In General.--The Director shall establish and maintain 
     a national clearinghouse for information on incidents of 
     crime and terrorism--
       (1) committed against or directed at any animal enterprise;
       (2) committed against or directed at any commercial 
     activity because of the perceived impact or effect of such 
     commercial activity on the environment; or
       (3) committed against or directed at any person because of 
     such person's perceived connection with or support of any 
     enterprise or activity described in paragraph (1) or (2).
       (b) Clearinghouse.--The clearinghouse established under 
     subsection (a) shall--
       (1) accept, collect, and maintain information on incidents 
     described in subsection (a) that is submitted to the 
     clearinghouse by Federal, State, and local law enforcement 
     agencies, by law enforcement agencies of foreign countries, 
     and by victims of such incidents;
       (2) collate and index such information for purposes of 
     cross-referencing; and
       (3) upon request from a Federal, State, or local law 
     enforcement agency, or from a law enforcement agency of a 
     foreign country, provide such information to assist in the 
     investigation of an incident described in subsection (a).
       (c) Scope of Information.--The information maintained by 
     the clearinghouse for each incident shall, to the extent 
     practicable, include--
       (1) the date, time, and place of the incident;
       (2) details of the incident;
       (3) any available information on suspects or perpetrators 
     of the incident; and
       (4) any other relevant information.
       (d) Design of Clearinghouse.--The clearinghouse shall be 
     designed for maximum ease of use by participating law 
     enforcement agencies.
       (e) Publicity.--The Director shall publicize the existence 
     of the clearinghouse to law enforcement agencies by 
     appropriate means.
       (f) Resources.--In establishing and maintaining the 
     clearinghouse, the Director may--
       (1) through the Attorney General, utilize the resources of 
     any other department or agency of the Federal Government; and
       (2) accept assistance and information from private 
     organizations or individuals.
       (g) Coordination.--The Director shall carry out the 
     Director's responsibilities under this section in cooperation 
     with the Director of the Bureau of Alcohol, Tobacco, and 
     Firearms.
       (h) Definitions.--In this section:
       (1) The term ``animal enterprise'' has the same meaning as 
     in section 43 of title 18, United States Code.
       (2) The term ``Director'' means the Director of the Federal 
     Bureau of Investigation.
       (i) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for fiscal years 2000, 2001, 
     2002, 2003, and 2004 such sums as are necessary to carry out 
     this section.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 354

  Mrs. FEINSTEIN proposed an amendment to the bill, S. 254, supra; as 
follows:

       At the appropriate place, add the following:

     SEC. ____. INTERSTATE SHIPMENT AND DELIVERY OF INTOXICATING 
                   LIQUORS.

       (a) In General.--Chapter 59 of title 18, United States 
     Code, is amended--
       (1) in section 1263--
       (A) by inserting ``a label on the shipping container that 
     clearly and prominently identifies the contents as alcoholic 
     beverages, and a'' after ``accompanied by''; and
       (B) by inserting ``and requiring upon delivery the 
     signature of a person who has attained the age for the lawful 
     purchase of intoxicating liquor in the State in which the 
     delivery is made,'' after ``contained therein,''; and
       (2) in section 1264, by inserting ``or to any person other 
     than a person who has attained the age for the lawful 
     purchase of intoxicating liquor in the State in which the 
     delivery is made,'' after ``consignee,''.
       (b) Revocation of Basic Permit.--The Director of the Bureau 
     of Alcohol, Tobacco, and Firearms shall revoke the basic 
     permit of any person who has been convicted of 3 or more 
     violations of the provisions of title 18, United States Code, 
     added by this section.
                                 ______
                                 

                  FRIST (AND OTHERS) AMENDMENT NO. 355

  Mr. FRIST (for himself, Mr. Ashcroft, Mr. Helms, Mr. Coverdell, Mr. 
Allard, and Mr. Nickles) proposed an amendment to the bill, S. 254, 
supra; as follows:

       At the appropriate place, insert the following:
                      Subtitle ____--School Safety

     SEC. ____1. SHORT TITLE.

       This subtitle may be cited as the ``School Safety Act of 
     1999''.

     SEC. ____2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES 
                   EDUCATION ACT.

       (a) Placement in Alternative Educational Setting.--Section 
     615(k) of the Individuals with Disabilities Education Act (20 
     U.S.C. 1415(k)) is amended--
       (1) in paragraph (1)(A)(ii)(I), by inserting ``(other than 
     a gun or firearm)'' after ``weapon'';
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following new 
     section:
       ``(10) Discipline with regard to guns or firearms.--
       ``(A) Authority of school personnel with respect to guns or 
     firearms.--
       ``(i) Notwithstanding any other provision of this Act, 
     school personnel may discipline (including expel or suspend) 
     a child with a disability who carries or possesses a gun or 
     firearm to or at a school, on school premises, or to or at a 
     school function, under the jurisdiction of a State or a local 
     educational agency, in the same manner in which such 
     personnel may discipline a child without a disability.
       ``(ii) Nothing in clause (i) shall be construed to prevent 
     a child with a disability who is disciplined pursuant to the 
     authority provided under clause (i) from asserting a defense 
     that the carrying or possession of the gun or firearm was 
     unintentional or innocent.
       ``(B) Free appropriate public education.--
       ``(i) Ceasing to provide education.--Notwithstanding 
     section 612(a)(1)(A), a child expelled or suspended under 
     subparagraph (A) shall not be entitled to continued 
     educational services, including a free appropriate public 
     education, under this title, during the term of such 
     expulsion or suspension, if the State in which the local 
     educational agency responsible for providing educational 
     services to such child does not require a child without a 
     disability to receive educational services after being 
     expelled or suspended.
       ``(ii) Providing education.--Notwithstanding clause (i), 
     the local educational agency responsible for providing 
     educational services to a child with a disability who is 
     expelled or suspended under subparagraph (A) may choose to 
     continue to provide educational services to such child. If 
     the local educational agency so chooses to continue to 
     provide the services--

       ``(I) nothing in this title shall require the local 
     educational agency to provide such child with a free 
     appropriate public education, or any particular level of 
     service; and
       ``(II) the location where the local educational agency 
     provides the services shall be left to the discretion of the 
     local educational agency.

       ``(C) Relationship to other requirements.--
       ``(i) Plan requirements.--No agency shall be considered to 
     be in violation of section 612 or 613 because the agency has 
     provided discipline, services, or assistance in accordance 
     with this paragraph.
       ``(ii) Procedure.--Actions taken pursuant to this paragraph 
     shall not be subject to the provisions of this section, other 
     than this paragraph.
       ``(D) Firearm.--The term `firearm' has the meaning given 
     the term under section 921 of title 18, United States 
     Code.''.
       (b) Conforming Amendment.--Section 615(f)(1) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1415(f)(1)) is amended by striking ``Whenever'' and inserting 
     the following: ``Except as provided in section 615(k)(10), 
     whenever''.

     SEC. ____3. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994.

       Subsection (c) of section 14601 of the Gun-Free Schools Act 
     of 1994 (20 U.S.C. 8921) is amended to read as follows:
       ``(c) Special rule.--Notwithstanding any other provision of 
     this section, this section shall be subject to section 
     615(k)(10) of the Individuals with Disabilities Education Act 
     (20 U.S.C. 1415(k)(10)).''.

                          ____________________