[Congressional Record Volume 146, Number 150 (Thursday, December 7, 2000)]
[House]
[Pages H12032-H12033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERSTATE TRANSPORTATION OF DANGEROUS CRIMINALS ACT OF 2000
Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent that the Committee
on the Judiciary be discharged from further consideration of the Senate
bill (S. 1898) to provide protection against the risks to the public
that are inherent in the interstate transportation of violent
prisoners, and ask for its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
Mr. SCOTT. Mr. Speaker, reserving the right to object, I yield to the
gentleman from Florida to explain the purpose of his request.
Mr. McCOLLUM. I thank the gentleman for yielding.
Mr. Speaker, this bill, S. 1898, is the Interstate Transportation of
Dangerous Criminals Act of 2000, also known as Jeanna's Act, which
passed the other body by unanimous consent on October 25 of this year.
Every year thousands of violent felons are moved from prison to
prison on our Nation's highways. Many of these criminals are
transported by the U.S. Marshals Service and the Federal Bureau of
Prisons. However, as the number of criminals in State prisons continues
to rise, many States now rely heavily on private prisoner
transportation companies to move prisoners from State to State. Because
there is no uniform set of standards and procedures for these prisoner
transport companies to follow, the results are sometimes disastrous
when prisoners escape.
A major reason for escapes from prisoner transport companies is the
lack of approved standards for the private transport of dangerous
prisoners. Anyone with a vehicle and a driver's license can engage in
this business and
[[Page H12033]]
with very little accountability when things go wrong.
S. 1898 seeks to increase public safety by requiring the Attorney
General to establish minimum standards and requirements for companies
engaging in the business of transporting violent offenders. S. 1898
provides that any person who violates the regulations to be promulgated
by the Attorney General shall be liable for a civil penalty in an
amount not to exceed $10,000 for each violation and shall make
restitution to the government for the money expended to apprehend any
prisoner who escapes.
Mr. Speaker, it is absolutely essential that we put in place minimum
standards for the transport of prisoners by private transport
companies. S. 1898 will do that. I certainly urge my colleagues to
support this legislation.
I might add that this is probably the final bill, I would assume it
will be, of this Congress that comes forward that the Subcommittee on
Crime of the Committee on the Judiciary produces here on the House
floor. It is also the final one that I think I will get to offer as a
Member of this body. I want to thank the gentleman from Virginia (Mr.
Scott) in particular and all the members of the Subcommittee on Crime
of the Committee on the Judiciary and our staffs on both sides for
their wonderful cooperation over the past 2 years, for that matter over
the past 6 years, I have been privileged to be chairman of the
Subcommittee on Crime. This is one of a series of many products that we
have produced and has been done often, as many of these pieces of
legislation have, in very bipartisan, cooperative fashion with the
gentleman from Virginia and the other members. I want to thank him for
that. It is not a controversial bill as many are not, but it has been a
great privilege to serve in this body and a great privilege to have
served as chairman of this subcommittee.
Mr. SCOTT. Mr. Speaker, reclaiming my time, I would first point out
that as the gentleman from Florida mentioned, this bill addresses
important concerns and therefore ought to be passed.
Let me congratulate the gentleman from Florida for his tireless
efforts over the past few years as chairman of the Subcommittee on
Crime and for his ability to work constructively even with those who
disagreed with him on the particular bills, constructively on working
towards fashioning legislation that would help the Nation. He has led
the effort in addressing the Congress' efforts on the issue of crime.
He has done it in a constructive way. We have been able to work
together even when we disagreed. For that, Mr. Speaker, I want to thank
the gentleman for his service and wish him well.
Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The Clerk read the Senate bill, as follows:
S. 1898
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Transportation of
Dangerous Criminals Act of 2000'' or ``Jeanna's Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Increasingly, States are turning to private prisoner
transport companies as an alternative to their own personnel
or the United States Marshals Service when transporting
violent prisoners.
(2) The transport process can last for days if not weeks,
as violent prisoners are dropped off and picked up at a
network of hubs across the country.
(3) Escapes by violent prisoners during transport by
private prisoner transport companies have occurred.
(4) Oversight by the Attorney General is required to
address these problems.
(5) While most governmental entities may prefer to use, and
will continue to use, fully trained and sworn law enforcement
officers when transporting violent prisoners, fiscal or
logistical concerns may make the use of highly specialized
private prisoner transport companies an option. Nothing in
this Act should be construed to mean that governmental
entities should contract with private prisoner transport
companies to move violent prisoners; however when a
government entity opts to use a private prisoner transport
company to move violent prisoners, then the company should be
subject to regulation in order to enhance public safety.
SEC. 3. DEFINITIONS.
In this Act:
(1) Crime of violence.--The term ``crime of violence'' has
the same meaning as in section 924(c)(3) of title 18, United
States Code.
(2) Private prisoner transport company.--The term ``private
prisoner transport company'' means any entity, other than the
United States, a State, or an inferior political subdivision
of a State, which engages in the business of the transporting
for compensation, individuals committed to the custody of any
State or of an inferior political subdivision of a State, or
any attempt thereof.
(3) Violent prisoner.--The term ``violent prisoner'' means
any individual in the custody of a State or an inferior
political subdivision of a State who has previously been
convicted of or is currently charged with a crime of violence
or any similar statute of a State or the inferior political
subdivisions of a State, or any attempt thereof.
SEC. 4. FEDERAL REGULATION OF PRISONER TRANSPORT COMPANIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation
with the American Correctional Association and the private
prisoner transport industry, shall promulgate regulations
relating to the transportation of violent prisoners in or
affecting interstate commerce.
(b) Standards and Requirements.--The regulations shall
include the following:
(1) Minimum standards for background checks and
preemployment drug testing for potential employees, including
requiring criminal background checks, to disqualify persons
with a felony conviction or domestic violence conviction as
defined by section 921 of title 18, United States Code, for
eligibility for employment. Preemployment drug testing will
be in accordance with applicable State laws.
(2) Minimum standards for the length and type of training
that employees must undergo before they can transport
prisoners not to exceed 100 hours of preservice training
focusing on the transportation of prisoners. Training shall
be in the areas of use of restraints, searches, use of force,
including use of appropriate weapons and firearms, CPR, map
reading, and defensive driving.
(3) Restrictions on the number of hours that employees can
be on duty during a given time period. Such restriction shall
not be more stringent than current applicable rules and
regulations concerning hours of service promulgated under the
Federal Motor Vehicle Safety Act.
(4) Minimum standards for the number of personnel that must
supervise violent prisoners. Such standards shall provide the
transport entity with appropriate discretion, and, absent
more restrictive requirements contracted for by the procuring
government entity, shall not exceed a requirement of 1 agent
for every 6 violent prisoners.
(5) Minimum standards for employee uniforms and
identification that require wearing of a uniform with a badge
or insignia identifying the employee as a transportation
officer.
(6) Standards establishing categories of violent prisoners
required to wear brightly colored clothing clearly
identifying them as prisoners, when appropriate.
(7) Minimum requirements for the restraints that must be
used when transporting violent prisoners, to include leg
shackles and double-locked handcuffs, when appropriate.
(8) A requirement that when transporting violent prisoners,
private prisoner transport companies notify local law
enforcement officials 24 hours in advance of any scheduled
stops in their jurisdiction.
(9) A requirement that in the event of an escape by a
violent prisoner, private prisoner transport company
officials shall immediately notify appropriate law
enforcement officials in the jurisdiction where the escape
occurs, and the governmental entity that contracted with the
private prisoner transport company for the transport of the
escaped violent prisoner.
(10) Minimum standards for the safety of violent prisoners
in accordance with applicable Federal and State law.
(c) Federal Standards.--Except for the requirements of
subsection (b)(6), the regulations promulgated under this Act
shall not provide stricter standards with respect to private
prisoner transport companies than are applicable, without
exception, to the United States Marshals Service, Federal
Bureau of Prisons, and the Immigration and Naturalization
Service when transporting violent prisoners under comparable
circumstances.
SEC. 5. ENFORCEMENT.
(a) Penalty.--Any person who is found in violation of the
regulations established by this Act shall--
(1) be liable to the United States for a civil penalty in
an amount not to exceed $10,000 for each violation and, in
addition, to the United States for the costs of prosecution;
and
(2) make restitution to any entity of the United States, of
a State, or of an inferior political subdivision of a State,
which expends funds for the purpose of apprehending any
violent prisoner who escapes from a prisoner transport
company as the result, in whole or in part, of a violation of
regulations promulgated pursuant to section 4(a).
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
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