[Congressional Record Volume 146, Number 149 (Wednesday, December 6, 2000)]
[Senate]
[Pages S11643-S11645]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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              DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000

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                        LEAHY AMENDMENT NO. 4359

  Mr. GRASSLEY (for Mr. Leahy) proposed an amendment to the bill (H.R. 
4640) to make grants to States for carrying out DNA analyses for use in 
the Combined DNA Index System of the Federal Bureau of Investigation, 
to provide for the collection and analysis of DNA samples from certain 
violent and sexual offenders for use in such system, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF CONGRESS REGARDING THE OBLIGATION OF 
                   GRANTEE STATES TO ENSURE ACCESS TO POST-
                   CONVICTION DNA TESTING AND COMPETENT COUNSEL IN 
                   CAPITAL CASES.

       (a) Findings.--Congress finds that--
       (1) over the past decade, deoxyribo-nucleic acid testing 
     (referred to in this section as ``DNA testing'') has emerged 
     as the most reliable forensic technique for identifying 
     criminals when biological material is left at a crime scene;
       (2) because of its scientific precision, DNA testing can, 
     in some cases, conclusively establish the guilt or innocence 
     of a criminal defendant;
       (3) in other cases, DNA testing may not conclusively 
     establish guilt or innocence, but may have significant 
     probative value to a finder of fact;
       (4) DNA testing was not widely available in cases tried 
     prior to 1994;
       (5) new forensic DNA testing procedures have made it 
     possible to get results from minute samples that could not 
     previously be tested, and to obtain more informative and 
     accurate results than earlier forms of forensic DNA testing 
     could produce, resulting in some cases of convicted inmates 
     being exonerated by new DNA tests after earlier tests had 
     failed to produce definitive results;
       (6) DNA testing can and has resulted in the post-conviction 
     exoneration of more than 75 innocent men and women, including 
     some under sentence of death;
       (7) in more than a dozen cases, post-conviction DNA testing 
     that has exonerated an innocent person has also enhanced 
     public safety by providing evidence that led to the 
     apprehension of the actual perpetrator;
       (8) experience has shown that it is not unduly burdensome 
     to make DNA testing available to inmates in appropriate 
     cases;
       (9) under current Federal and State law, it is difficult to 
     obtain post-conviction DNA testing because of time limits on 
     introducing newly discovered evidence;
       (10) the National Commission on the Future of DNA Evidence, 
     a Federal panel established by the Department of Justice and 
     comprised of law enforcement, judicial, and scientific 
     experts, has urged that post-conviction DNA testing be 
     permitted in the relatively small number of cases in which it 
     is appropriate, notwithstanding procedural rules that could 
     be invoked to preclude such testing, and notwithstanding the 
     inability of an inmate to pay for the testing;
       (11) only a few States have adopted post-conviction DNA 
     testing procedures;
       (12) States have received millions of dollars in DNA-
     related grants, and more funding is needed to improve State 
     forensic facilities and to reduce the nationwide backlog of 
     DNA samples from convicted offenders and crime scenes that 
     need to be tested or retested using upgraded methods;
       (13) States that accept such financial assistance should 
     not deny the promise of truth and justice for both sides of 
     our adversarial system that DNA testing offers;
       (14) post-conviction DNA testing and other post-conviction 
     investigative techniques have shown that innocent people have 
     been sentenced to death in the United States;
       (15) a constitutional error in capital cases is incompetent 
     defense lawyers who fail to present important evidence that 
     the defendant may have been innocent or does not deserve to 
     be sentenced to death; and
       (16) providing quality representation to defendants facing 
     the loss of liberty or life is essential to fundamental due 
     process and the speedy final resolution of judicial 
     proceedings.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Congress should condition forensic science-related 
     grants to a State or State forensic facility on the State's 
     agreement to ensure post-conviction DNA testing in 
     appropriate cases; and
       (2) Congress should work with the States to improve the 
     quality of legal representation in capital cases through the 
     establishment of standards that will assure the timely 
     appointment of competent counsel with adequate resources to 
     represent defendants

[[Page S11644]]

     in capital cases at each stage of those proceedings.
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          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2001

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                       ALLARD AMENDMENT NO. 4360

  Mr. GRASSLEY (for Mr. Allard) proposed an amendment to the bill (H.R. 
5630) to authorize appropriations for fiscal year 2001 for intelligence 
and intelligence-related activities of the United States Government, 
the Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes; as follows:

       On page 48, strike lines 4 through 16.
       On page 48, line 17, strike ``502.'' and insert ``501.''
       On page 49, line 7, strike ``503.'' and insert ``502.''
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      PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON ACT OF 2000

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                 HATCH (AND OTHERS) AMENDMENT NO. 4361

  Mr. GRASSLEY (for Mr. Hatch (for himself, Mr. Schumer, and Mr. 
Thurmond)) proposed an amendment to the bill (H.R. 4493) to establish 
grants for drug treatment alternative to prison programs administered 
by State or local prosecutors; as follows:

       Strike all after the enacting clause and insert the 
     following:

       TITLE I--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Prosecution Drug Treatment 
     Alternative to Prison Act of 2000''.

     SEC. 102. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS 
                   ADMINISTERED BY STATE OR LOCAL PROSECUTORS.

       (a) Prosecution Drug Treatment Alternative to Prison 
     Programs.--Title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by 
     adding at the end the following new part:

  ``PART BB--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS

     ``SEC. 2801. PILOT PROGRAM AUTHORIZED.

       ``(a) In General.--The Attorney General may make grants to 
     State or local prosecutors for the purpose of developing, 
     implementing, or expanding drug treatment alternative to 
     prison programs that comply with the requirements of this 
     part.
       ``(b) Use of Funds.--A State or local prosecutor who 
     receives a grant under this part shall use amounts provided 
     under the grant to develop, implement, or expand the drug 
     treatment alternative to prison program for which the grant 
     was made, which may include payment of the following 
     expenses:
       ``(1) Salaries, personnel costs, equipment costs, and other 
     costs directly related to the operation of the program, 
     including the enforcement unit.
       ``(2) Payments to licensed substance abuse treatment 
     providers for providing treatment to offenders participating 
     in the program for which the grant was made, including 
     aftercare supervision, vocational training, education, and 
     job placement.
       ``(3) Payments to public and nonprofit private entities for 
     providing treatment to offenders participating in the program 
     for which the grant was made.
       ``(c) Federal Share.--The Federal share of a grant under 
     this part shall not exceed 75 percent of the cost of the 
     program.
       ``(d) Supplement and Not Supplant.--Grant amounts received 
     under this part shall be used to supplement, and not 
     supplant, non-Federal funds that would otherwise be available 
     for activities funded under this part.

     ``SEC. 2802. PROGRAM REQUIREMENTS.

       ``A drug treatment alternative to prison program with 
     respect to which a grant is made under this part shall comply 
     with the following requirements:
       ``(1) A State or local prosecutor shall administer the 
     program.
       ``(2) An eligible offender may participate in the program 
     only with the consent of the State or local prosecutor.
       ``(3) Each eligible offender who participates in the 
     program shall, as an alternative to incarceration, be 
     sentenced to or placed with a long term, drug free 
     residential substance abuse treatment provider that is 
     licensed under State or local law.
       ``(4) Each eligible offender who participates in the 
     program shall serve a sentence of imprisonment with respect 
     to the underlying crime if that offender does not 
     successfully complete treatment with the residential 
     substance abuse provider.
       ``(5) Each residential substance abuse provider treating an 
     offender under the program shall--
       ``(A) make periodic reports of the progress of treatment of 
     that offender to the State or local prosecutor carrying out 
     the program and to the appropriate court in which the 
     defendant was convicted; and
       ``(B) notify that prosecutor and that court if that 
     offender absconds from the facility of the treatment provider 
     or otherwise violates the terms and conditions of the 
     program.
       ``(6) The program shall have an enforcement unit comprised 
     of law enforcement officers under the supervision of the 
     State or local prosecutor carrying out the program, the 
     duties of which shall include verifying an offender's 
     addresses and other contacts, and, if necessary, locating, 
     apprehending, and arresting an offender who has absconded 
     from the facility of a residential substance abuse treatment 
     provider or otherwise violated the terms and conditions of 
     the program, and returning such offender to court for 
     sentence on the underlying crime.

     ``SEC. 2803. APPLICATIONS.

       ``(a) In General.--To request a grant under this part, a 
     State or local prosecutor shall submit an application to the 
     Attorney General in such form and containing such information 
     as the Attorney General may reasonably require.
       ``(b) Certifications.--Each such application shall contain 
     the certification of the State or local prosecutor that the 
     program for which the grant is requested shall meet each of 
     the requirements of this part.

     ``SEC. 2804. GEOGRAPHIC DISTRIBUTION.

       ``The Attorney General shall ensure that, to the extent 
     practicable, the distribution of grant awards is equitable 
     and includes State or local prosecutors--
       ``(1) in each State; and
       ``(2) in rural, suburban, and urban jurisdictions.

     ``SEC. 2805. REPORTS AND EVALUATIONS.

       ``For each fiscal year, each recipient of a grant under 
     this part during that fiscal year shall submit to the 
     Attorney General a report regarding the effectiveness of 
     activities carried out using that grant. Each report shall 
     include an evaluation in such form and containing such 
     information as the Attorney General may reasonably require. 
     The Attorney General shall specify the dates on which such 
     reports shall be submitted.

     ``SEC. 2806. DEFINITIONS.

       ``In this part:
       ``(1) The term `State or local prosecutor' means any 
     district attorney, State attorney general, county attorney, 
     or corporation counsel who has authority to prosecute 
     criminal offenses under State or local law.
       ``(2) The term `eligible offender' means an individual 
     who--
       ``(A) has been convicted of, or pled guilty to, or admitted 
     guilt with respect to a crime for which a sentence of 
     imprisonment is required and has not completed such sentence;
       ``(B) has never been convicted of, or pled guilty to, or 
     admitted guilt with respect to, and is not presently charged 
     with, a felony crime of violence, a major drug offense, or a 
     crime that is considered a violent felony under State or 
     local law; and
       ``(C) has been found by a professional substance abuse 
     screener to be in need of substance abuse treatment because 
     that offender has a history of substance abuse that is a 
     significant contributing factor to that offender's criminal 
     conduct.
       ``(3) The term `felony crime of violence' has the meaning 
     given such term in section 924(c)(3) of title 18, United 
     States Code.
       ``(4) The term `major drug offense' has the meaning given 
     such term in section 36(a) of title 18, United States 
     Code.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)) is amended by adding at the end the 
     following new paragraph:
       ``(24) There are authorized to be appropriated to carry out 
     part BB $10,000,000 for each of fiscal years 2001 through 
     2003.''.

        TITLE II--FEDERAL DRUG TREATMENT ALTERNATIVE SENTENCING

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Federal Drug Treatment 
     Alternative Sentencing Act of 2000''.

     SEC. 202. ESTABLISHMENT.

       The court, upon the conviction of an individual for a 
     misdemeanor under section 404(a) of the Controlled Substances 
     Act (21 U.S.C. 844(a)), if the individual is a defendant 
     described in section 3553(f)(2) of title 18, United States 
     Code, shall consider sentencing that individual to a term of 
     probation that includes a condition, or a term of 
     imprisonment that includes a recommendation, of participation 
     in substance abuse treatment, including a drug dependency 
     program as described under this title.

     SEC. 203. PROBATION PROGRAMS.

       (a) Generally.--If the court imposes a sentence of 
     probation pursuant to section 202, the sentence of probation 
     shall be subject to subtitle B of chapter 227 of title 18, 
     United States Code. In considering discretionary conditions 
     of probation under section 3563(b) of such title, the court 
     shall consider and use, where appropriate to assure 
     participation in substance abuse treatment, any of the 
     following:
       (1) Day fines.
       (2) House arrest.
       (3) Electronic monitoring.
       (4) Intensive probation supervision.
       (5) Day reporting centers.
       (6) Intermittent confinement.
       (7) Treatment in therapeutic community.
       (b) Alternative Sentence.--In order to assure participation 
     in substance abuse treatment each offender who participates 
     in a substance abuse program pursuant to this section shall 
     serve a sentence of imprisonment with respect to the 
     underlying offense

[[Page S11645]]

     if that offender does not successfully complete such a 
     substance abuse treatment program.
       (c) Preference for Community-Based Programs.--The court 
     shall order, to the greatest extent practicable, that 
     substance abuse treatment for an individual sentenced under 
     subsection (a) shall be provided in the locality in which the 
     individual resides.

     SEC. 204. DRUG DEPENDENCY PROGRAM.

       (a) In General.--The Bureau of Prisons (referred to in this 
     title as the ``Bureau'') shall maintain a drug dependency 
     program for offenders sentenced to incarceration under this 
     title. The program shall consist of--
       (1) residential substance abuse treatment; and
       (2) aftercare services.
       (b) Report.--The Bureau of Prisons shall transmit to the 
     Congress on January 1, 2002, and on January 1 of each year 
     thereafter, a report. Such report shall contain--
       (1) a detailed quantitative and qualitative description of 
     each substance abuse treatment program, residential or not, 
     operated by the Bureau; and
       (2) a complete statement of to what extent the Bureau has 
     achieved compliance with the requirements of this title.

     SEC. 205. DEFINITIONS.

       In this title--
       (1) the term ``residential substance abuse treatment'' 
     means a course of individual and group activities, lasting 
     between 9 and 12 months, in residential treatment programs--
       (A) directed at the substance abuse problems of the 
     convicted person;
       (B) intended to develop a person's cognitive, behavioral, 
     social, vocational, and other skills so as to solve the 
     convicted person's substance abuse and related problems; and
       (C) shall include--
       (i) addiction education;
       (ii) individual, group, and family counseling pursuant to 
     individualized treatment plans;
       (iii) opportunity for involvement in Alcoholics Anonymous, 
     Narcotics Anonymous, or Cocaine Anonymous;
       (iv) parenting skills training, domestic violence 
     counseling, and sexual abuse counseling, where appropriate;
       (v) HIV education counseling and testing, when requested, 
     and early intervention services for seropositive individuals;
       (vi) services that facilitate access to health and social 
     services, where appropriate and to the extent available; and
       (vii) planning for and counseling to assist reentry into 
     society, including referrals to appropriate educational, 
     vocational, and other employment-related programs (to the 
     extent available), referrals to appropriate outpatient or 
     other drug or alcohol treatment, counseling, transitional 
     housing, and assistance in obtaining suitable affordable 
     housing and employment upon completion of treatment (and 
     release from prison, if applicable);
       (2) the term ``aftercare services'' means a course of 
     individual and group treatment for a minimum of one year or 
     for the remainder of the term of incarceration if less than 
     one year, involving sustained and frequent interaction with 
     individuals who have successfully completed a program of 
     residential substance abuse treatment, and shall include 
     consistent personal interaction between the individual and a 
     primary counselor or case manager, participation in group and 
     individual counseling sessions, social activities targeted 
     toward a recovering substance abuser, and, where appropriate, 
     more intensive intervention; and
       (3) the term ``substance abuse or dependency'' means the 
     abuse of or dependency on drugs or alcohol.

     SEC. 206. STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES 
                   FOR CONTROLLED SUBSTANCE OFFENSES.

       Not later than 1 year after the date of enactment of this 
     Act, the United States Sentencing Commission shall submit to 
     the Committees on the Judiciary of the House of 
     Representatives and the Senate a report regarding mandatory 
     minimum sentences for controlled substance offenses, which 
     shall include an analysis of--
       (1) whether such sentences may have a disproportionate 
     impact on ethnic or racial groups;
       (2) the effectiveness of such sentences in reducing drug-
     related crime by violent offenders; and
       (3) the frequency and appropriateness of the use of such 
     sentences for nonviolent offenders in contrast with other 
     approaches such as drug treatment programs.

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