[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S164-S222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself, Mr. Leahy, Mr. Schumer, Mr. Durbin, 
        Mrs. Boxer, Mr. Breaux, Mrs. Clinton, Mr. Corzine, Mr. 
        Rockefeller, Mr. Levin, and Mr. Johnson):
  S. 16. A bill to improve law enforcement, crime prevention, and 
victim assistance in the 21st century; to the Committee on the 
Judiciary.


21st Century Law Enforcement, Crime Prevention, and Victims Assistance 
                                  Act

  Mr. DASCHLE. Mr. President, I ask unanimous consent that the text of 
the bill and an analysis of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 16

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``21st 
     Century Law Enforcement, Crime Prevention, and Victims 
     Assistance Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.

TITLE I--SUPPORTING LAW ENFORCEMENT AND THE EFFECTIVE ADMINISTRATION OF 
                                JUSTICE

              Subtitle A--Support for Community Personnel

Sec. 1101. 21st Century Community Policing Initiative.

   Subtitle B--Protecting Federal, State, and Local Law Enforcement 
                       Officers and the Judiciary

Sec. 1201. Expansion of protection of Federal officers and employees 
              from murder due to their status.
Sec. 1202. Assaulting, resisting, or impeding certain officers or 
              employees.
Sec. 1203. Influencing, impeding, or retaliating against a Federal 
              official by threatening a family member.
Sec. 1204. Mailing threatening communications.
Sec. 1205. Amendment of the sentencing guidelines for assaults and 
              threats against Federal judges and certain other Federal 
              officials and employees.
Sec. 1206. Killing persons aiding Federal investigations or State 
              correctional officers.
Sec. 1207. Killing State correctional officers.
Sec. 1208. Establishment of protective function privilege.

   Subtitle C--Disarming Felons and Protecting Children From Violence

                   Part 1--Extension of Project Exile

Sec. 1311. Authorization of funding for additional State and local gun 
              prosecutors.

[[Page S165]]

Sec. 1312. Authorization of funding for additional Federal firearms 
              prosecutors and gun enforcement teams.

    Part 2--Expansion of the Youth Crime Gun Interdiction Initiative

Sec. 1321. Youth Crime Gun Interdiction Initiative.

                          Part 3--Gun Offenses

Sec. 1331. Gun ban for dangerous juvenile offenders.
Sec. 1332. Improving firearms safety.
Sec. 1333. Juvenile handgun safety.
Sec. 1334. Serious juvenile drug offenses as armed career criminal 
              predicates.
Sec. 1335. Increased penalty for transferring a firearm to a minor for 
              use in crime of violence or drug trafficking crime.
Sec. 1336. Increased penalty for firearms conspiracy.

                 Part 4--Closing the Gun Show Loophole

Sec. 1341. Extension of Brady background checks to gun shows.

Subtitle D--Assistance to States for Prosecuting and Punishing Juvenile 
                 Offenders, and Reducing Juvenile Crime

Sec. 1401. Juvenile and violent offender incarceration grants.
Sec. 1402. Certain punishment and graduated sanctions for youth 
              offenders.
Sec. 1403. Pilot program to promote replication of recent successful 
              juvenile crime reduction strategies.
Sec. 1404. Reimbursement of States for costs of incarcerating juvenile 
              alien offenders.

     Subtitle E--Ballistics, Law Assistance, and Safety Technology

Sec. 1501. Short title.
Sec. 1502. Purposes.
Sec. 1503. Definition of ballistics.
Sec. 1504. Test firing and automated storage of ballistics records.
Sec. 1505. Privacy rights of law abiding citizens.
Sec. 1506. Demonstration firearm crime reduction strategy.

           Subtitle F--Offender Reentry and Community Safety

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Purposes.

             Part 1--Federal Reentry Demonstration Projects

Sec. 1611. Federal reentry center demonstration.
Sec. 1612. Federal high-risk offender reentry demonstration.
Sec. 1613. District of Columbia Intensive Supervision, Tracking, and 
              Reentry Training (DC iSTART) Demonstration.
Sec. 1614. Federal Intensive Supervision, Tracking, and Reentry 
              Training (FED iSTART) Demonstration.
Sec. 1615. Federal enhanced in-prison vocational assessment and 
              training and demonstration.
Sec. 1616. Research and reports to Congress.
Sec. 1617. Definitions.
Sec. 1618. Authorization of appropriations.

                  Part 2--State Reentry Grant Programs

Sec. 1621. Amendments to the Omnibus Crime Control and Safe Streets Act 
              of 1968.

           TITLE II--STRENGTHENING THE FEDERAL CRIMINAL LAWS

                  Subtitle A--Combating Gang Violence

         Part 1--Enhanced Penalties for Gang-related Activities

Sec. 2101. Gang franchising.
Sec. 2102. Enhanced penalty for use or recruitment of minors in gangs.
Sec. 2103. Gang franchising as a RICO predicate.
Sec. 2104. Increase in offense level for participation in crime as gang 
              member.
Sec. 2105. Enhanced penalty for discharge of firearms in relation to 
              counts of violence or drug trafficking crimes.
Sec. 2106. Punishment of arson or bombing at facilities receiving 
              Federal financial assistance.
Sec. 2107. Elimination of statute of limitations for murder.
Sec. 2108. Extension of statute of limitations for violent and drug 
              trafficking crimes.
Sec. 2109. Increased penalties under the RICO law for gang and violent 
              crimes.
Sec. 2110. Increased penalty and broadened scope of statute against 
              violent crimes in aid of racketeering.
Sec. 2111. Facilitating the prosecution of carjacking offenses.
Sec. 2112. Facilitation of RICO prosecutions.
Sec. 2113. Assault as a RICO predicate.
Sec. 2114. Expansion of definition of ``racketeering activity'' to 
              affect gangs in Indian country.
Sec. 2115. Increased penalties for violence in the course of riot 
              offenses.
Sec. 2116. Expansion of Federal jurisdiction over crimes occurring in 
              private penal facilities housing Federal prisoners or 
              prisoners from other States.

              Part 2--Targeting Gang-related Gun Offenses

Sec. 2121. Transfer of firearm to commit a crime of violence.
Sec. 2122. Increased penalty for knowingly receiving firearm with 
              obliterated serial number.
Sec. 2123. Amendment of the sentencing guidelines for transfers of 
              firearms to prohibited persons.

  Part 3--Using and Protecting Witnesses to Help Prosecute Gangs and 
                        Other Violent Criminals

Sec. 2131. Interstate travel to engage in witness intimidation or 
              obstruction of justice.
Sec. 2132. Expanding pretrial detention eligibility for serious gang 
              and other violent criminals.
Sec. 2133. Conspiracy penalty for obstruction of justice offenses 
              involving victims, witnesses, and informants.
Sec. 2134. Allowing a reduction of sentence for providing useful 
              investigative information although not regarding a 
              particular individual.
Sec. 2135. Increasing the penalty for using physical force to tamper 
              with witnesses, victims, or informants.
Sec. 2136. Expansion of Federal kidnapping offense to cover when death 
              of victim occurs before crossing State line and when 
              facility in interstate commerce or the mails are used.
Sec. 2137. Assaults or other crimes of violence for hire.
Sec. 2138. Clarification of interstate threat statute to cover threats 
              to kill.
Sec. 2139. Conforming amendment to law punishing obstruction of justice 
              by notification of existence of a subpoena for records in 
              certain types of investigations.

                       Part 4--Gang Paraphernalia

Sec. 2141. Streamlining procedures for law enforcement access to clone 
              numeric pagers.
Sec. 2142. Sentencing enhancement for using body armor in commission of 
              a felony.
Sec. 2143. Sentencing enhancement for using laser sighting devices in 
              commission of a felony.
Sec. 2144. Government access to location information.
Sec. 2145. Limitation on obtaining transactional information from pen 
              registers or trap and trace devices.

                 Subtitle B--Combating Money Laundering

Sec. 2201. Short title.
Sec. 2202. Illegal money transmitting businesses.
Sec. 2203. Restraint of assets of persons arrested abroad.
Sec. 2204. Civil money laundering jurisdiction over foreign persons.
Sec. 2205. Punishment of laundering money through foreign banks.
Sec. 2206. Addition of serious foreign crimes to list of money 
              laundering predicates.
Sec. 2207. Criminal forfeiture for money laundering conspiracies.
Sec. 2208. Fungible property in foreign bank accounts.
Sec. 2209. Admissibility of foreign business records.
Sec. 2210. Charging money laundering as a course of conduct.
Sec. 2211. Venue in money laundering cases.
Sec. 2212. Technical amendment to restore wiretap authority for certain 
              money laundering offenses.
Sec. 2213. Criminal penalties for violations of anti-money laundering 
              orders.
Sec. 2214. Encouraging financial institutions to notify law enforcement 
              authorities of suspicious financial transactions.
Sec. 2215. Coverage of foreign bank branches in the territories.
Sec. 2216. Conforming statute of limitations amendment for certain bank 
              fraud offenses.
Sec. 2217. Jurisdiction over certain financial crimes committed abroad.
Sec. 2218. Knowledge that the property is the proceeds of a felony.
Sec. 2219. Money laundering transactions; commingled accounts.
Sec. 2220. Laundering the proceeds of terrorism.
Sec. 2221. Violations of section 6050i.
Sec. 2222. Including agencies of tribal governments in the definition 
              of a financial institution.
Sec. 2223. Penalties for violations of geographic targeting orders and 
              certain recordkeeping requirements.

                    Subtitle C--Antidrug Provisions

Sec. 2301. Amendments concerning temporary emergency scheduling.
Sec. 2302. Amendment to reporting requirement for transactions 
              involving certain listed chemicals.
Sec. 2303. Drug paraphernalia.
Sec. 2304. Counterfeit substances/imitation controlled substances.
Sec. 2305. Conforming amendment concerning marijuana plants.
Sec. 2306. Serious juvenile drug trafficking offenses as armed career 
              criminal act predicates.
Sec. 2307. Increased penalties for using Federal property to grow or 
              manufacture controlled substances.

[[Page S166]]

Sec. 2308. Clarification of length of supervised release terms in 
              controlled substance cases.
Sec. 2309. Supervised release period after conviction for continuing 
              criminal enterprise.
Sec. 2310. Technical correction to ensure compliance of sentencing 
              guidelines with provisions of all Federal statutes.
Sec. 2311. Import and export of chemicals used to produce illicit 
              drugs.

                   Subtitle D--Deterring Cargo Theft

Sec. 2351. Punishment of cargo theft.
Sec. 2352. Reports to Congress on cargo theft.
Sec. 2353. Establishment of Advisory Committee on Cargo Theft.
Sec. 2354. Addition of attempted theft and counterfeiting offenses to 
              eliminate gaps and inconsistencies in coverage.
Sec. 2355. Clarification of scienter requirement for receiving property 
              stolen from an Indian tribal organization.
Sec. 2356. Larceny involving post office boxes and postal stamp vending 
              machines.
Sec. 2357. Expansion of Federal theft offenses to cover theft of 
              vessels.

            Subtitle E--Improvements to Federal Criminal Law

                    Part 1--Sentencing Improvements

Sec. 2411. Application of sentencing guidelines to all pertinent 
              statutes.
Sec. 2412. Doubling maximum penalty for voluntary manslaughter.
Sec. 2413. Authorization of imposition of both a fine and imprisonment 
              rather than only either penalty in certain offenses.
Sec. 2414. Addition of supervised release violation as predicates for 
              certain offenses.
Sec. 2415. Authority of court to impose a sentence of probation or 
              supervised release when reducing a sentence of 
              imprisonment in certain cases.
Sec. 2416. Elimination of proof of value requirement for felony theft 
              or conversion of grand jury material.
Sec. 2417. Increased maximum corporate penalty for antitrust 
              violations.
Sec. 2418. Amendment of Federal sentencing guidelines for counterfeit 
              bearer obligations of the United States.

        Part 2--Additional Improvements to Federal Criminal Law

Sec. 2421. Violence directed at dwellings in Indian country.
Sec. 2422. Corrections to Amber Hagerman Child Protection Act.
Sec. 2423. Elimination of ``bodily harm'' element in assault with a 
              dangerous weapon offense.
Sec. 2424. Appeals from certain dismissals.
Sec. 2425. Authority for injunction against disposal of ill-gotten 
              gains from violations of fraud statutes.
Sec. 2426. Expansion of interstate travel fraud statute to cover 
              interstate travel by perpetrator.
Sec. 2427. Clarification of scope of unauthorized selling of military 
              medals or decorations.
Sec. 2428. Amendment to section 669 to conform to Public Law 104-294.
Sec. 2429. Expansion of jurisdiction over child buying and selling 
              offenses.
Sec. 2430. Limits on disclosure of wiretap orders.
Sec. 2431. Prison credit and aging prisoner reform.
Sec. 2432. Miranda reaffirmation.

    TITLE III--PROTECTING AMERICANS AND SUPPORTING VICTIMS OF CRIME

                  Subtitle A--Crime Victims Assistance

Sec. 3101. Short title.

                         Part 1--Victim Rights

Sec. 3111. Right to notice and to be heard concerning detention.
Sec. 3112. Right to a speedy trial.
Sec. 3113. Right to notice and to be heard concerning plea.
Sec. 3114. Enhanced participatory rights at trial.
Sec. 3115. Right to notice and to be heard concerning sentence.
Sec. 3116. Right to notice and to be heard concerning sentence 
              adjustment.
Sec. 3117. Right to notice of release or escape.
Sec. 3118. Right to notice and to be heard concerning executive 
              clemency.
Sec. 3119. Remedies for noncompliance.

                 Part 2--Victim Assistance Initiatives

Sec. 3121. Pilot programs to establish ombudsman programs for crime 
              victims.
Sec. 3122. Amendments to Victims of Crime Act of 1984.
Sec. 3123. Increased training for law enforcement officers and court 
              personnel to respond to the needs of crime victims.
Sec. 3124. Increased resources to develop State-of-the-art systems for 
              notifying crime victims of important dates and 
              developments.

       Part 3--Victim-offender Programs: ``Restorative Justice''

Sec. 3131. Pilot program and study on effectiveness of restorative 
              justice approach on behalf of victims of crime.

          Subtitle B--Violence Against Women Act Enhancements

Sec. 3201. Shelter services for battered women and children.
Sec. 3202. Transitional housing assistance for victims of domestic 
              violence.
Sec. 3203. Family unity demonstration project.

                       Subtitle C--Senior Safety

Sec. 3301. Short title.
Sec. 3302. Findings and purposes.
Sec. 3303. Definitions.

                Part 1--Combating Crimes Against Seniors

Sec. 3311. Enhanced sentencing penalties based on age of victim.
Sec. 3312. Study and report on health care fraud sentences.
Sec. 3313. Increased penalties for fraud resulting in serious injury or 
              death.
Sec. 3314. Safeguarding pension plans from fraud and theft.
Sec. 3315. Additional civil penalties for defrauding pension plans.
Sec. 3316. Punishing bribery and graft in connection with employee 
              benefit plans.

                 Part 2--Preventing Telemarketing Fraud

Sec. 3321. Centralized complaint and consumer education service for 
              victims of telemarketing fraud.
Sec. 3322. Blocking of telemarketing scams.

                  Part 3--Preventing Health Care Fraud

Sec. 3331. Injunctive authority relating to false claims and illegal 
              kickback schemes involving Federal health care programs.
Sec. 3332. Authorized investigative demand procedures.
Sec. 3333. Extending antifraud safeguards to the Federal employee 
              health benefits program.
Sec. 3334. Grand jury disclosure.
Sec. 3335. Increasing the effectiveness of civil investigative demands 
              in false claims investigations.

         Part 4--Protecting the Rights of Elderly Crime Victims

Sec. 3341. Use of forfeited funds to pay restitution to crime victims 
              and regulatory agencies.
Sec. 3342. Victim restitution.
Sec. 3343. Bankruptcy proceedings not used to shield illegal gains from 
              false claims.
Sec. 3344. Forfeiture for retirement offenses.

             Subtitle D--Violent Crime Reduction Trust Fund

Sec. 3401. Extension of violent crime reduction trust fund.

           TITLE IV--BREAKING THE CYCLE OF DRUGS AND VIOLENCE

  Subtitle A--Drug Courts, Drug Treatment, and Alternative Sentencing

                    Part 1--Expansion of Drug Courts

Sec. 4111. Reauthorization of drug courts program.
Sec. 4112. Juvenile drug courts.

                  Part 2--Zero Tolerance Drug Testing

Sec. 4121. Grant authority.
Sec. 4122. Administration.
Sec. 4123. Applications.
Sec. 4124. Federal share.
Sec. 4125. Geographic distribution.
Sec. 4126. Technical assistance, training, and evaluation.
Sec. 4127. Authorization of appropriations.
Sec. 4128. Permanent set-aside for research and evaluation.
Sec. 4129. Additional requirements for the use of funds under the 
              violent offender incarceration and truth-in-sentencing 
              grant programs.

                         Part 3--Drug Treatment

Sec. 4131. Drug treatment alternative to prison programs administered 
              by State or local prosecutors.
Sec. 4132. Substance abuse treatment in Federal prisons 
              reauthorization.
Sec. 4133. Residential substance abuse treatment for State prisoners 
              reauthorization
Sec. 4134. Drug treatment for juveniles.

            Part 4--Funding for Drug Free Community Programs

Sec. 4141. Extension of safe and drug-free schools and communities 
              program.
Sec. 4142. Say No to Drugs community centers.
Sec. 4143. Drug education and prevention relating to youth gangs.
Sec. 4144. Drug education and prevention program for runaway and 
              homeless youth.

         Subtitle B--Youth Crime Prevention and Juvenile Courts

                 Part 1--Grants to Youth Organizations

Sec. 4211. Grant program.
Sec. 4212. Grants to national organizations.
Sec. 4213. Grants to States.
Sec. 4214. Allocation; grant limitation.
Sec. 4215. Report and evaluation.
Sec. 4216. Authorization of appropriations.
Sec. 4217. Grants to public and private agencies.

   Part 2--Reauthorization of Incentive Grants for Local Delinquency 
                          Prevention Programs

Sec. 4221. Incentive grants for local delinquency prevention programs.

[[Page S167]]

Sec. 4222. Research, evaluation, and training.

                           Part 3--Jump Ahead

Sec. 4231. Short title.
Sec. 4232. Findings.
Sec. 4233. Juvenile mentoring grants.
Sec. 4234. Implementation and evaluation grants.
Sec. 4235. Evaluations; reports.

                       Part 4--Truancy Prevention

Sec. 4241. Short title.
Sec. 4242. Findings.
Sec. 4243. Grants.

     Part 5--Juvenile Crime Control and Delinquency Prevention Act

Sec. 4251. Short title.
Sec. 4252. Findings.
Sec. 4253. Purpose.
Sec. 4254. Definitions.
Sec. 4255. Name of office.
Sec. 4256. Concentration of Federal effort.
Sec. 4257. Allocation.
Sec. 4258. State plans.
Sec. 4259. Juvenile delinquency prevention block grant program.
Sec. 4260. Research; evaluation; technical assistance; training.
Sec. 4261. Demonstration projects.
Sec. 4262. Authorization of appropriations.
Sec. 4263. Administrative authority.
Sec. 4264. Use of funds.
Sec. 4265. Limitation on use of funds.
Sec. 4266. Rules of construction.
Sec. 4267. Leasing surplus Federal property.
Sec. 4268. Issuance of rules.
Sec. 4269. Technical and conforming amendments.
Sec. 4270. References.

             Part 6--Local Gun Violence Prevention Programs

Sec. 4271. Competitive grants for children's firearm safety education.
Sec. 4272. Dissemination of best practices via the Internet.
Sec. 4273. Grant priority for tracing of guns used in crimes by 
              juveniles.

TITLE I--SUPPORTING LAW ENFORCEMENT AND THE EFFECTIVE ADMINISTRATION OF 
                                JUSTICE

              Subtitle A--Support for Community Personnel

     SEC. 1101. 21ST CENTURY COMMUNITY POLICING INITIATIVE.

       (a) COPS Program.--Section 1701(a) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(a)) is amended by--
       (1) inserting ``and prosecutor'' after ``increase police''; 
     and
       (2) inserting ``to enhance law enforcement access to new 
     technologies, and'' after ``presence,''.
       (b) Hiring and Redeployment Grant Projects.--Section 
     1701(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``and'' at the end of subparagraph (B) and 
     inserting after ``Nation,'' ``or pay overtime to existing 
     career law enforcement officers;'';
       (B) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) promote higher education among inservice State and 
     local law enforcement officers by reimbursing them for the 
     costs associated with seeking a college or graduate school 
     education.''; and
       (2) in paragraph (2), by striking all that follows 
     ``Support systems.--'' and inserting ``Grants pursuant to 
     paragraph (1)(A) for overtime may not exceed 25 percent of 
     the funds available for grants pursuant to this subsection 
     for any fiscal year; grants pursuant to paragraph (1)(C) may 
     not exceed 20 percent of the funds available for grants 
     pursuant to this subsection in any fiscal year, and grants 
     pursuant to paragraph (1)(D) may not exceed 5 percent of the 
     funds available for grants pursuant to this subsection for 
     any fiscal year.''.
       (c) Additional Grant Projects.--Section 1701(d) of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd(d)) is amended--
       (1) in paragraph (2)--
       (A) by inserting ``integrity and ethics'' after 
     ``specialized''; and
       (B) by inserting ``and'' after ``enforcement officers'';
       (2) in paragraph (7), by inserting ``school officials, 
     religiously affiliated organizations,'' after ``enforcement 
     officers'';
       (3) by striking paragraph (8) and inserting the following:
       ``(8) establish school-based partnerships between local law 
     enforcement agencies and local school systems, by using 
     school resource officers who operate in and around elementary 
     and secondary schools to serve as a law enforcement liaison 
     with other Federal, State, and local law enforcement and 
     regulatory agencies, combat school-related crime and disorder 
     problems, gang membership and criminal activity, firearms and 
     explosives-related incidents, illegal use and possession of 
     alcohol and illegal possession, use, and distribution of 
     drugs;'';
       (4) in paragraph (10), by striking ``and'' at the end;
       (5) in paragraph (11), by striking the period that appears 
     at the end and inserting a semicolon; and
       (6) by adding at the end the following:
       ``(12) develop and implement innovative programs (such as 
     the TRIAD program) that bring together a community's sheriff, 
     chief of police, and elderly residents to address the public 
     safety concerns of older citizens; and
       ``(13) assist State, local, or tribal prosecutors' offices 
     in the implementation of community-based programs that build 
     on local community efforts through the--
       ``(A) hiring of additional indigent defense attorneys to be 
     assigned to community programs; and
       ``(B) establishment of programs to assist local indigent 
     defense offices in the implementation of programs that help 
     them identify and respond to priority needs of a community 
     with specifically tailored solutions.''.

       (d) Technical Assistance.--Section 1701(f) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd(f)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``use up to 5 percent of the funds 
     appropriated under subsection (a) to'' after ``The Attorney 
     General may'';
       (B) by inserting at the end the following: ``In addition, 
     the Attorney General may use up to 5 percent of the funds 
     appropriated under subsections (d), (e), and (f) for 
     technical assistance and training to States, units of local 
     government, Indian tribal governments, and to other public 
     and private entities for those respective purposes,'';
       (2) in paragraph (2), by inserting ``under subsection (a)'' 
     after ``the Attorney General''; and
       (3) in paragraph (3)--
       (A) by striking ``the Attorney General may'' and inserting 
     ``the Attorney General shall'';
       (B) by inserting ``regional community policing institutes'' 
     after ``operation of''; and
       (C) by inserting ``representatives of police labor and 
     management organizations, community residents,'' after 
     ``supervisors,''.
       (e) Technology and Prosecution Programs.--Section 1701 of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3796dd) is amended by--
       (1) striking subsection (k);
       (2) redesignating subsections (f) through (j) as 
     subsections (g) through (k), respectively; and
       (3) striking subsection (e) and inserting the following:
       ``(e) Law Enforcement Technology Program.--Grants made 
     under subsection (a) may be used to assist police 
     departments, in employing professional, scientific, and 
     technological advancements that will help them--
       ``(1) improve police communications through the use of 
     wireless communications, computers, software, videocams, 
     databases, and other hardware and software that allow law 
     enforcement agencies to communicate more effectively across 
     jurisdictional boundaries and effectuate interoperability;
       ``(2) develop and improve access to crime-solving 
     technologies, including DNA analysis, photo enhancement, 
     voice recognition, and other forensic capabilities; and
       ``(3) promote comprehensive crime analysis by utilizing new 
     techniques and technologies, such as crime mapping, that 
     allow law enforcement agencies to use real-time crime and 
     arrest data and other related information, including non-
     criminal justice data, to improve their ability to analyze, 
     predict, and respond proactively to local crime and disorder 
     problems, as well as to engage in regional crime analysis.
       ``(f) Community-Based Prosecution Program.--Grants made 
     under subsection (a) may be used to assist State, local, or 
     tribal prosecutors' offices in the implementation of 
     community-based prosecution programs that build on local 
     community policing efforts. Funds made available under this 
     subsection may be used to--
       ``(1) hire additional prosecutors who will be assigned to 
     community prosecution programs, including (but not limited 
     to) programs that assign prosecutors to handle cases from 
     specific geographic areas, to address specific violent crime 
     and other local crime problems (including intensive illegal 
     gang, gun, and drug enforcement projects and quality of life 
     initiatives), and to address localized violent and other 
     crime problems based on needs identified by local law 
     enforcement agencies, community organizations, and others;
       ``(2) redeploy existing prosecutors to community 
     prosecution programs as described in paragraph (1) of this 
     section by hiring victim and witness coordinators, 
     paralegals, community outreach, and other such personnel; and
       ``(3) establish programs to assist local prosecutors' 
     offices in the implementation of programs that help them 
     identify and respond to priority crime problems in a 
     community with specifically tailored solutions.
     At least 75 percent of the funds made available under this 
     subsection shall be reserved for grants under paragraphs (1) 
     and (2) and of those amounts no more than 10 percent may be 
     used for grants under paragraph (2) and at least 25 percent 
     of the funds shall be reserved for grants under paragraphs 
     (1) and (2) to units of local government with a population of 
     less than 50,000.''.
       (f) Retention Grants.--Section 1703 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd-2) is amended by inserting at the end the following:
       ``(d) Retention Grants.--The Attorney General may use no 
     more than 50 percent of the funds under subsection (a) to 
     award grants targeted specifically for retention of police 
     officers to grantees in good standing, with preference to 
     those that demonstrate financial hardship or severe budget 
     constraint

[[Page S168]]

     that impacts the entire local budget and may result in the 
     termination of employment for police officers funded under 
     subsection (b)(1).''.
       (g) Hiring Costs.--Section 1704(c) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd-3(c)) is amended by striking ``$75,000'' and inserting 
     ``$125,000''.
       (h) Definitions.--
       (1) Career law enforcement officer.--Section 1709(1) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3796dd-8) is amended by inserting after 
     ``criminal laws'' the following: ``including sheriffs' 
     deputies charged with supervising offenders who are released 
     into the community but also engaged in local community 
     policing efforts.''.
       (2) School resource officer.--Section 1709(4) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd-8) is amended--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) to serve as a law enforcement liaison with other 
     Federal, State, and local law enforcement and regulatory 
     agencies, to address and document crime and disorder problems 
     including gangs and drug activities, firearms and explosives-
     related incidents, and illegal use and possession of alcohol 
     affecting or occurring in or around an elementary or 
     secondary school;'';
       (B) by striking subparagraph (E) and inserting the 
     following:
       ``(E) to train students in conflict resolution, restorative 
     justice, and crime awareness, and to provide assistance to 
     and coordinate with other officers, mental health 
     professionals, and youth counselors who are responsible for 
     the implementation of prevention/intervention programs within 
     the schools;''; and
       (C) by adding at the end the following:
       ``(H) to work with school administrators, members of the 
     local parent teacher associations, community organizers, law 
     enforcement, fire departments, and emergency medical 
     personnel in the creation, review, and implementation of a 
     school violence prevention plan;
       ``(I) to assist in documenting the full description of all 
     firearms found or taken into custody on school property and 
     to initiate a firearms trace and ballistics examination for 
     each firearm with the local office of the Bureau of Alcohol, 
     Tobacco, and Firearms;
       ``(J) to document the full description of all explosives or 
     explosive devices found or taken into custody on school 
     property and report to the local office of the Bureau of 
     Alcohol, Tobacco, and Firearms; and
       ``(K) to assist school administrators with the preparation 
     of the Department of Education, Annual Report on State 
     Implementation of the Gun-Free Schools Act which tracks the 
     number of students expelled per year for bringing a weapon, 
     firearm, or explosive to school.''.
       (i) Authorization of Appropriations.--Section 1001(a)(11) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(11)) is amended--
       (1) by amending subparagraph (A) to read as follows:
       ``(A) There are authorized to be appropriated to carry out 
     part Q, to remain available until expended--
       ``(i) $1,150,000,000 for fiscal year 2002;
       ``(ii) $1,150,000,000 for fiscal year 2003;
       ``(iii) $1,150,000,000 for fiscal year 2004;
       ``(iv) $1,150,000,000 for fiscal year 2005;
       ``(v) $1,150,000,000 for fiscal year 2006; and
       ``(vi) $1,150,000,000 for fiscal year 2007.''; and
       (2) in subparagraph (B)--
       (A) by striking ``3 percent'' and inserting ``5 percent'';
       (B) by striking ``85 percent'' and inserting 
     ``$600,000,000''; and
       (C) by striking ``1701(b),'' and all that follows through 
     ``of part Q'' and inserting the following: ``1701 (b) and 
     (c), $350,000,000 to grants for the purposes specified in 
     section 1701(f), and $200,000,000 to grants for the purposes 
     specified in section 1701(g).''.

   Subtitle B--Protecting Federal, State, and Local Law Enforcement 
                       Officers and the Judiciary

     SEC. 1201. EXPANSION OF PROTECTION OF FEDERAL OFFICERS AND 
                   EMPLOYEES FROM MURDER DUE TO THEIR STATUS.

       Section 1114 of title 18, United States Code, is amended--
       (1) by inserting ``or because of the status of the victim 
     as such an officer or employee,'' after ``on account of the 
     performance of official duties,''; and
       (2) by inserting ``or, if the person assisting is an 
     officer or employee of a State or local government, because 
     of the status of the victim as such an officer or employee,'' 
     after ``on account of that assistance,''.

     SEC. 1202. ASSAULTING, RESISTING, OR IMPEDING CERTAIN 
                   OFFICERS OR EMPLOYEES.

       Section 111 of title 18, United States Code, is amended--
       (1) in subsection (a), by striking ``three'' and inserting 
     ``12''; and
       (2) in subsection (b), by striking ``ten'' and inserting 
     ``20''.

     SEC. 1203. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A 
                   FEDERAL OFFICIAL BY THREATENING A FAMILY 
                   MEMBER.

       Section 115(b)(4) of title 18, United States Code, is 
     amended--
       (1) by striking ``five'' and inserting ``10''; and
       (2) by striking ``three'' and inserting ``6''.

     SEC. 1204. MAILING THREATENING COMMUNICATIONS.

       Section 876 of title 18, United States Code, is amended--
       (1) by designating the first 4 undesignated paragraphs as 
     subsections (a) through (d), respectively;
       (2) in subsection (c), as so designated, by adding at the 
     end the following: ``If such a communication is addressed to 
     a United States judge, a Federal law enforcement officer, or 
     an official who is covered by section 1114, the individual 
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''; and
       (3) in subsection (d), as so designated, by adding at the 
     end the following: ``If such a communication is addressed to 
     a United States judge, a Federal law enforcement officer, or 
     an official who is covered by section 1114, the individual 
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.

     SEC. 1205. AMENDMENT OF THE SENTENCING GUIDELINES FOR 
                   ASSAULTS AND THREATS AGAINST FEDERAL JUDGES AND 
                   CERTAIN OTHER FEDERAL OFFICIALS AND EMPLOYEES.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review and amend the Federal 
     sentencing guidelines and the policy statements of the 
     Commission, if appropriate, to provide an appropriate 
     sentencing enhancement for offenses involving influencing, 
     assaulting, resisting, impeding, retaliating against, or 
     threatening a Federal judge, magistrate judge, or any other 
     official described in section 111 or 115 of title 18, United 
     States Code.
       (b) Factors for Consideration.--In carrying out this 
     section, the United States Sentencing Commission shall 
     consider, with respect to each offense described in 
     subsection (a)--
       (1) any expression of congressional intent regarding the 
     appropriate penalties for the offense;
       (2) the range of conduct covered by the offense;
       (3) the existing sentences for the offense;
       (4) the extent to which sentencing enhancements within the 
     Federal sentencing guidelines and the court's authority to 
     impose a sentence in excess of the applicable guideline range 
     are adequate to ensure punishment at or near the maximum 
     penalty for the most egregious conduct covered by the 
     offense;
       (5) the extent to which Federal sentencing guideline 
     sentences for the offense have been constrained by statutory 
     maximum penalties;
       (6) the extent to which Federal sentencing guidelines for 
     the offense adequately achieve the purposes of sentencing as 
     set forth in section 3553(a)(2) of title 18, United States 
     Code;
       (7) the relationship of Federal sentencing guidelines for 
     the offense to the Federal sentencing guidelines for other 
     offenses of comparable seriousness; and
       (8) any other factors that the Commission considers to be 
     appropriate.

     SEC. 1206. KILLING PERSONS AIDING FEDERAL INVESTIGATIONS OR 
                   STATE CORRECTIONAL OFFICERS.

       Section 1121(a)(1) of title 18, United States Code, is 
     amended in the matter preceding subparagraph (A), by 
     inserting ``, State, or joint Federal-State'' after ``a 
     Federal''.

     SEC. 1207. KILLING STATE CORRECTIONAL OFFICERS.

       Section 1121(b)(3) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) the incarcerated person is incarcerated pending an 
     initial appearance, arraignment, trial, or appeal for an 
     offense against the United States.''.

     SEC. 1208. ESTABLISHMENT OF PROTECTIVE FUNCTION PRIVILEGE.

       (a) Findings.--Congress makes the following findings:
       (1) The physical safety of the Nation's top elected 
     officials is a public good of transcendent importance.
       (2) By virtue of the critical importance of the Office of 
     the President, the President and those in direct line of the 
     Presidency are subject to unique and mortal jeopardy--
     jeopardy that in turn threatens profound disruption to our 
     system of representative government and to the security and 
     future of the Nation.
       (3) The physical safety of visiting heads of foreign states 
     and foreign governments is also a matter of paramount 
     importance. The assassination of such a person while on 
     American soil could have calamitous consequences for our 
     foreign relations and national security.
       (4) Given these grave concerns, Congress has provided for 
     the Secret Service to protect the President and those in 
     direct line of the Presidency, and has directed that these 
     officials may not waive such protection. Congress has also 
     provided for the Secret Service to protect visiting heads of 
     foreign states and foreign governments.
       (5) The protective strategy of the Secret Service depends 
     critically on the ability of its personnel to maintain close 
     and unremitting physical proximity to the protectee.
       (6) Secret Service personnel must remain at the side of the 
     protectee on occasions of confidential conversations and, as 
     a result,

[[Page S169]]

     may overhear top secret discussions, diplomatic exchanges, 
     sensitive conversations, and matters of personal privacy.
       (7) The necessary level of proximity can be maintained only 
     in an atmosphere of complete trust and confidence between the 
     protectee and his or her protectors.
       (8) If a protectee has reason to doubt the confidentiality 
     of actions or conversations taken in sight or hearing of 
     Secret Service personnel, the protectee may seek to push the 
     protective envelope away or undermine it to the point at 
     which it could no longer be fully effective.
       (9) The possibility that Secret Service personnel might be 
     compelled to testify against their protectees could induce 
     foreign nations to refuse Secret Service protection in future 
     state visits, making it impossible for the Secret Service to 
     fulfill its important statutory mission of protecting the 
     life and safety of foreign dignitaries.
       (10) A privilege protecting information acquired by Secret 
     Service personnel while performing their protective function 
     in physical proximity to a protectee will preserve the 
     security of the protectee by lessening the incentive of the 
     protectee to distance Secret Service personnel in situations 
     in which there is some risk to the safety of the protectee.
       (11) Recognition of a protective function privilege for the 
     President and those in direct line of the Presidency, and for 
     visiting heads of foreign states and foreign governments, 
     will promote sufficiently important interests to outweigh the 
     need for probative evidence.
       (12) Because Secret Service personnel retain law 
     enforcement responsibility even while engaged in their 
     protective function, the privilege must be subject to a 
     crime/treason exception.
       (b) Purposes.--The purposes of this Act are--
       (1) to facilitate the relationship of trust and confidence 
     between Secret Service personnel and certain protected 
     officials that is essential to the ability of the Secret 
     Service to protect these officials, and the Nation, from the 
     risk of assassination; and
       (2) to ensure that Secret Service personnel are not 
     precluded from testifying in a criminal investigation or 
     prosecution about unlawful activity committed within their 
     view or hearing.
       (c) Admissibility of Information Acquired by Secret Service 
     Personnel While Performing Their Protective Function.--
       (1) Protective function privilege.--Chapter 203 of title 
     18, United States Code, is amended by inserting after section 
     3056 the following:

     ``Sec. 3056A. Testimony by Secret Service personnel; 
       protective function privilege

       ``(a) Definitions.--In this section:
       ``(1) Protectee.--The term `protectee' means--
       ``(A) the President;
       ``(B) the Vice President (or other officer next in the 
     order of succession to the Office of President);
       ``(C) the President-elect;
       ``(D) the Vice President-elect; and
       ``(E) visiting heads of foreign states or foreign 
     governments who, at the time and place concerned, are being 
     provided protection by the United States Secret Service.
       ``(2) Secret service personnel.--The term `Secret Service 
     personnel' means any officer or agent of the United States 
     Secret Service.
       ``(b) General Rule of Privilege.--Subject to subsection 
     (c), testimony by Secret Service personnel or former Secret 
     Service personnel regarding information affecting a protectee 
     that was acquired during the performance of a protective 
     function in physical proximity to the protectee shall not be 
     received in evidence or otherwise disclosed in any trial, 
     hearing, or other proceeding in or before any court, grand 
     jury, department, officer, agency, regulatory body, or other 
     authority of the United States, a State, or a political 
     subdivision thereof.
       ``(c) Exceptions.--There is no privilege under this 
     section--
       ``(1) with respect to information that, at the time the 
     information was acquired by Secret Service personnel, was 
     sufficient to provide reasonable grounds to believe that a 
     crime had been, was being, or would be committed; or
       ``(2) if the privilege is waived by the protectee or the 
     legal representative of a protectee or deceased protectee.''.
       (2) Technical and conforming amendment.--The analysis for 
     chapter 203 of title 18, United States Code, is amended by 
     inserting after the item relating to section 3056 the 
     following:

``3056A. Testimony by Secret Service personnel; protective function 
              privilege.''.

       (3) Application.--This section and the amendments made by 
     this section shall apply to any proceeding commenced on or 
     after the date of enactment of this section.

   Subtitle C--Disarming Felons and Protecting Children From Violence

                   PART 1--EXTENSION OF PROJECT EXILE

     SEC. 1311. AUTHORIZATION OF FUNDING FOR ADDITIONAL STATE AND 
                   LOCAL GUN PROSECUTORS.

       (a) Grants for State and Local Gun Prosecutors.--Title III 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     is amended by adding at the end the following:

        ``Subtitle Y--Grants for State and Local Gun Prosecutors

     ``SEC. 32501. GRANT AUTHORIZATION.

       ``The Attorney General may award grants to State, Indian 
     tribal, or local prosecutors for the purpose of supporting 
     the creation or expansion of community-based justice programs 
     for the prosecution of firearm-related crimes.

     ``SEC. 32502. USE OF FUNDS.

       ``Grants awarded by the Attorney General under this 
     subtitle shall be used to fund programs for the hiring of 
     prosecutors and related personnel under which those 
     prosecutors and personnel shall utilize an interdisciplinary 
     team approach to prevent, reduce, and respond to firearm-
     related crimes in partnership with communities.

     ``SEC. 32503. APPLICATIONS.

       ``(a) Eligibility.--To be eligible to receive a grant award 
     under this subtitle for a fiscal year, a State, Indian 
     tribal, or local prosecutor, in conjunction with the chief 
     executive officer of the jurisdiction in which the program 
     will be placed, shall submit to the Attorney General an 
     application, in such form and containing such information as 
     the Attorney General may reasonably require.
       ``(b) Requirements.--Each application submitted under this 
     section shall include--
       ``(1) a request for funds for the purposes described in 
     section 32502;
       ``(2) a description of the communities to be served by the 
     grant, including the nature of the firearm-related crime in 
     such communities; and
       ``(3) assurances that Federal funds received under this 
     subtitle shall be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this section.

     ``SEC. 32504. MATCHING REQUIREMENT.

       ``The Federal share of a grant awarded under this subtitle 
     may not exceed 50 percent of the total cost of the program 
     described in the application submitted under section 32503 
     for the fiscal year for which the program receives assistance 
     under this subtitle.

     ``SEC. 32505. AWARD OF GRANTS.

       ``(a) In General.--Except as provided in subsection (b), in 
     awarding grants under this subtitle, the Attorney General 
     shall consider--
       ``(1) the demonstrated need for, and the evidence of the 
     ability of the applicant to provide, the services described 
     in section 32503(b)(2), as described in the application 
     submitted under section 32503;
       ``(2) the extent to which, as reflected in the 1998 Uniform 
     Crime Report of the Federal Bureau of Investigation, there is 
     a high rate of firearm-related crime in the jurisdiction of 
     the applicant, measured either in total or per capita;
       ``(3) the extent to which the jurisdiction of the applicant 
     has experienced an increase in the total or per capita rate 
     of firearm-related crime, as reported in the 3 most recent 
     annual Uniform Crime Reports of the Federal Bureau of 
     Investigation;
       ``(4) the extent to which State and local law enforcement 
     agencies in the jurisdiction of the applicant have pledged to 
     cooperate with Federal officials in responding to the illegal 
     acquisition, distribution, possession, and use of firearms 
     within the jurisdiction; and
       ``(5) The extent to which the jurisdiction of the applicant 
     participates in comprehensive firearm law enforcement 
     strategies, including programs such as the Youth Crime Gun 
     Interdiction Initiative, Project Achilles, Project Disarm, 
     Project Triggerlock, Project Exile, Project Surefire, and 
     Operation Ceasefire.
       ``(b) Indian Tribes.--
       ``(1) Federal grants.--Not less than 5 percent of the 
     amount made available for grants under this subtitle for each 
     fiscal year shall be awarded as grants to Indian tribes.
       ``(2) Grant criteria.--In awarding grants to Indian tribes 
     in accordance with this subsection, the Attorney General 
     shall consider, to the extent practicable, the factors for 
     consideration set forth in subsection (a).
       ``(c) Research and Evaluation.--Of the amount made 
     available for grants under this subtitle for each fiscal 
     year, the Attorney General shall use not less than 1 percent 
     and not more than 3 percent for research and evaluation of 
     the activities carried out with grants awarded under this 
     subtitle.

     ``SEC. 32506. REPORTS.

       ``(a) Report to Attorney General.--Not later than March 1 
     of each fiscal year, each law enforcement agency that 
     receives funds from a grant awarded under this subtitle for 
     that fiscal year shall submit to the Attorney General a 
     report describing the progress achieved in carrying out the 
     grant program for which those funds were received.
       ``(b) Report to Congress.--Beginning not later than October 
     1 of the first fiscal year following the initial fiscal year 
     during which grants are awarded under this subtitle, and not 
     later than October 1 of each fiscal year thereafter, the 
     Attorney General shall submit to Congress a report, which 
     shall contain a detailed statement regarding grant awards, 
     activities of grant recipients, a compilation of statistical 
     information submitted by applicants, and an evaluation of 
     programs established with amounts from grants awarded under 
     this subtitle during the preceding fiscal year.

     ``SEC. 32507. DEFINITIONS.

       ``In this subtitle--
       ``(1) the term `firearm' has the meaning given the term in 
     section 921(a) of title 18, United States Code;
       ``(2) the term `Indian tribe' means a tribe, band, pueblo, 
     nation, or other organized

[[Page S170]]

     group or community of Indians, including an Alaska Native 
     village (as defined in or established under the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is 
     recognized as eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians; and
       ``(3) the term `State' means a State, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
     of the Northern Mariana Islands, American Samoa, Guam, and 
     the United States Virgin Islands.

     ``SEC. 32508. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     subtitle $150,000,000 for fiscal year 2002.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 2 of the Violent Crime Control and Law 
     Enforcement Act of 1994 is amended by inserting after the 
     item relating to subtitle X the following:

        ``Subtitle Y--Grants for State and Local Gun Prosecutors

``Sec. 32501. Grant authorization.
``Sec. 32502. Use of funds.
``Sec. 32503. Applications.
``Sec. 32504. Matching requirement.
``Sec. 32505. Award of grants.
``Sec. 32506. Reports.
``Sec. 32507. Definitions.
``Sec. 32508. Authorization of appropriations.''.

     SEC. 1312. AUTHORIZATION OF FUNDING FOR ADDITIONAL FEDERAL 
                   FIREARMS PROSECUTORS AND GUN ENFORCEMENT TEAMS.

       (a) Additional Federal Firearms Prosecutors.--The Attorney 
     General shall hire 114 additional Federal prosecutors to 
     prosecute violations of Federal firearms laws.
       (b) Gun Enforcement Teams.--
       (1) Establishment.--The Attorney General shall establish in 
     each of the jurisdictions specified in paragraph (3) a gun 
     enforcement team.
       (2) Gun enforcement team requirements.--Each gun 
     enforcement team established under this subsection shall be 
     composed of--
       (A) 1 coordinator, who shall be responsible, with respect 
     to the jurisdiction concerned, for coordinating among 
     Federal, State, and local law enforcement--
       (i) the appropriate forum for the prosecution of crimes 
     relating to firearms; and
       (ii) efforts for the prevention of such crimes; and
       (B) 1 analyst, who shall be responsible, with respect to 
     the jurisdiction concerned, for analyzing data relating to 
     such crimes and recommending law enforcement strategies to 
     reduce such crimes.
       (3) Covered jurisdictions.--The jurisdictions specified in 
     this subsection are not more than 20 jurisdictions designated 
     by the Attorney General for purposes of this subsection as 
     areas having high rates of crimes relating to firearms.
       (c) Authorization of Appropriations.--In addition to any 
     other amounts authorized to be appropriated that may be used 
     for such purpose, there is authorized to be appropriated to 
     carry out this section $15,000,000 for fiscal year 2002.

    PART 2--EXPANSION OF THE YOUTH CRIME GUN INTERDICTION INITIATIVE

     SEC. 1321. YOUTH CRIME GUN INTERDICTION INITIATIVE.

       (a) In General.--
       (1) Expansion of number of cities.--The Secretary of the 
     Treasury shall endeavor to expand the number of cities and 
     counties directly participating in the Youth Crime Gun 
     Interdiction Initiative (in this section referred to as the 
     ``YCGII'') to 75 cities or counties by October 1, 2002, to 
     150 cities or counties by October 1, 2004, and to 250 cities 
     or counties by October 1, 2005.
       (2) Selection.--Cities and counties selected for 
     participation in the YCGII shall be selected by the Secretary 
     of the Treasury and in consultation with Federal, State and 
     local law enforcement officials.
       (b) Identification of Individuals.--
       (1) In general.--The Secretary of the Treasury shall, 
     utilizing the information provided by the YCGII, facilitate 
     the identification and prosecution of individuals illegally 
     trafficking firearms to prohibited individuals.
       (2) Sharing of information.--The Secretary of the Treasury 
     shall share information derived from the YCGII with State and 
     local law enforcement agencies through on-line computer 
     access, as soon as such capability is available.
       (c) Grant Awards.--
       (1) In general.--The Secretary of the Treasury shall award 
     grants (in the form of funds or equipment) to States, cities, 
     and counties for purposes of assisting such entities in the 
     tracing of firearms and participation in the YCGII.
       (2) Use of grant funds.--Grants made under this part shall 
     be used to--
       (A) hire or assign additional personnel for the gathering, 
     submission and analysis of tracing data submitted to the 
     Bureau of Alcohol, Tobacco and Firearms under the YCGII;
       (B) hire additional law enforcement personnel for the 
     purpose of identifying and arresting individuals illegally 
     trafficking firearms; and
       (C) purchase additional equipment, including automatic data 
     processing equipment and computer software and hardware, for 
     the timely submission and analysis of tracing data.

                          PART 3--GUN OFFENSES

     SEC. 1331. GUN BAN FOR DANGEROUS JUVENILE OFFENDERS.

       (a) Definition.--Section 921(a)(20) of title 18, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(20)'';
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (3) by inserting after subparagraph (A) the following:
       ``(B) For purposes of subsections (d), (g), and (s) of 
     section 922, the term `act of juvenile delinquency' means an 
     adjudication of delinquency based on a finding of the 
     commission of an act by a person prior to his or her 
     eighteenth birthday that, if committed by an adult, would be 
     a serious drug offense or violent felony (as defined in 
     section 3559(c)(2) of this title), on or after the date of 
     enactment of this paragraph.''; and
       (4) by striking ``What constitutes'' through the end and 
     inserting the following: ``What constitutes a conviction of 
     such a crime or an adjudication of juvenile delinquency shall 
     be determined in accordance with the law of the jurisdiction 
     in which the proceedings were held. Any State conviction or 
     adjudication of delinquency which has been expunged or set 
     aside or for which a person has been pardoned or has had 
     civil rights restored by the jurisdiction in which the 
     conviction or adjudication of delinquency occurred shall not 
     be considered a conviction or adjudication of delinquency.
       (b) Prohibition.--Section 922 of title 18, United States 
     Code is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (8);
       (B) by striking the period at the end of paragraph (9) and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) who has committed an act of juvenile delinquency.'';
       (2) in subsection (g)--
       (A) by striking ``or'' at the end of paragraph (8);
       (B) by striking the period at the end of paragraph (9) and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) who has committed an act of juvenile delinquency.''; 
     and
       (3) in subsection (s)(3)(B)--
       (A) by striking ``and'' at the end of clause (vi);
       (B) by inserting ``and'' after the semicolon at the end of 
     clause (vii); and
       (C) by inserting after clause (vii) the following:
       ``(viii) has not committed an act of juvenile 
     delinquency.''.

     SEC. 1332. IMPROVING FIREARMS SAFETY.

       (a) Secure Gun Storage Device.--Section 921(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(35) Secure gun storage or safety device.--The term 
     `secure gun storage or safety device' means--
       ``(A) a device that, when installed on a firearm, is 
     designed to prevent the firearm from being operated without 
     first deactivating the device;
       ``(B) a device incorporated into the design of the firearm 
     that is designed to prevent the operation of the firearm by 
     anyone not having access to the device; or
       ``(C) a safe, gun safe, gun case, lock box, or other device 
     that is designed to be or can be used to store a firearm and 
     that is designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (b) Certification Required in Application for Dealer's 
     License.--Section 923(d)(1) of title 18, United States Code, 
     is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) in the case of an application to be licensed as a 
     dealer, the applicant certifies that secure gun storage or 
     safety devices will be available at any place in which 
     firearms are sold under the license to persons who are not 
     licensees (subject to the exception that in any case in which 
     a secure gun storage or safety device is temporarily 
     unavailable because of theft, casualty loss, consumer sales, 
     backorders from a manufacturer, or any other similar reason 
     beyond the control of the licensee, the dealer shall not be 
     considered to be in violation of the requirement under this 
     subparagraph to make available such a device).''.
       (c) Revocation of Dealer's License for Failure To Have 
     Secure Gun Storage or Safety Devices Available.--The first 
     sentence of section 923(e) of title 18, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``or fails to have secure gun storage or safety 
     devices available at any place in which firearms are sold 
     under the license to persons who are not licensees (except 
     that in any case in which a secure gun storage or safety 
     device is temporarily unavailable because of theft, casualty 
     loss, consumer sales, backorders from a manufacturer, or any 
     other similar reason beyond the control of the licensee, the 
     dealer shall not be considered to be in violation of the 
     requirement to make available such a device)''.
       (d) Statutory Construction.--Nothing in the amendments made 
     by this section shall be construed--
       (1) as creating a cause of action against any firearms 
     dealer or any other person for any civil liability; or

[[Page S171]]

       (2) as establishing any standard of care.

     SEC. 1333. JUVENILE HANDGUN SAFETY.

       (a) Juvenile Handgun Safety.--Section 924(a)(6) of title 
     18, United States Code, is amended--
       (1) by striking subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (A); 
     and
       (3) in subparagraph (A), as redesignated--
       (A) by striking ``A person other than a juvenile who 
     knowingly'' and inserting ``A person who knowingly''; and
       (B) in clause (i), by striking ``not more than 1 year'' and 
     inserting ``not more than 5 years''.

     SEC. 1334. 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 this 
     paragraph;''.

     SEC. 1335. INCREASED PENALTY FOR TRANSFERRING A FIREARM TO A 
                   MINOR FOR USE IN CRIME OF VIOLENCE OR DRUG 
                   TRAFFICKING CRIME.

       Section 924(h) of title 18, United States Code, is amended 
     by striking ``10 years, fined in accordance with this title, 
     or both'' and inserting ``10 years, and if the transferee is 
     a person who is under 18 years of age, imprisoned for a term 
     of not more than 15 years, fined in accordance with this 
     title, or both''.

     SEC. 1336. INCREASED PENALTY FOR FIREARMS CONSPIRACY.

       Section 924 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(p) Except as otherwise provided in this section, a 
     person who conspires to commit an offense defined in this 
     chapter shall be subject to the same penalties (other than 
     the penalty of death) as those prescribed for the offense the 
     commission of which is the object of the conspiracy.''.

                 Part 4--CLOSING THE GUN SHOW LOOPHOLE

     SEC. 1341. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

       (a) Findings.--Congress finds that--
       (1) more than 4,400 traditional gun shows are held annually 
     across the United States, attracting thousands of attendees 
     per show and hundreds of Federal firearms licensees and 
     nonlicensed firearms sellers;
       (2) traditional gun shows, as well as flea markets and 
     other organized events, at which a large number of firearms 
     are offered for sale by Federal firearms licensees and 
     nonlicensed firearms sellers, form a significant part of the 
     national firearms market;
       (3) firearms and ammunition that are exhibited or offered 
     for sale or exchange at gun shows, flea markets, and other 
     organized events move easily in and substantially affect 
     interstate commerce;
       (4) in fact, even before a firearm is exhibited or offered 
     for sale or exchange at a gun show, flea market, or other 
     organized event, the gun, its component parts, ammunition, 
     and the raw materials from which it is manufactured have 
     moved in interstate commerce;
       (5) gun shows, flea markets, and other organized events at 
     which firearms are exhibited or offered for sale or exchange, 
     provide a convenient and centralized commercial location at 
     which firearms may be bought and sold anonymously, often 
     without background checks and without records that enable gun 
     tracing;
       (6) at gun shows, flea markets, and other organized events 
     at which guns are exhibited or offered for sale or exchange, 
     criminals and other prohibited persons obtain guns without 
     background checks and frequently use guns that cannot be 
     traced to later commit crimes;
       (7) many persons who buy and sell firearms at gun shows, 
     flea markets, and other organized events cross State lines to 
     attend these events and engage in the interstate 
     transportation of firearms obtained at these events;
       (8) gun violence is a pervasive, national problem that is 
     exacerbated by the availability of guns at gun shows, flea 
     markets, and other organized events;
       (9) firearms associated with gun shows have been 
     transferred illegally to residents of another State by 
     Federal firearms licensees and nonlicensed firearms sellers, 
     and have been involved in subsequent crimes including drug 
     offenses, crimes of violence, property crimes, and illegal 
     possession of firearms by felons and other prohibited 
     persons; and
       (10) Congress has the power, under the interstate commerce 
     clause and other provisions of the Constitution of the United 
     States, to ensure that criminals and other prohibited persons 
     do not obtain firearms at gun shows, flea markets, and other 
     organized events.
       (b) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(35) Gun show.--The term `gun show' means any event--
       ``(A) at which 50 or more firearms are offered or exhibited 
     for sale, transfer, or exchange, if 1 or more of the firearms 
     has been shipped or transported in, or otherwise affects, 
     interstate or foreign commerce; and
       ``(B) at which--
       ``(i) not less than 20 percent of the exhibitors are 
     firearm exhibitors;
       ``(ii) there are not less than 10 firearm exhibitors; or
       ``(iii) 50 or more firearms are offered for sale, transfer, 
     or exchange.
       ``(36) Gun show promoter.--The term `gun show promoter' 
     means any person who organizes, plans, promotes, or operates 
     a gun show.
       ``(37) Gun show vendor.--The term `gun show vendor' means 
     any person who exhibits, sells, offers for sale, transfers, 
     or exchanges 1 or more firearms at a gun show, regardless of 
     whether or not the person arranges with the gun show promoter 
     for a fixed location from which to exhibit, sell, offer for 
     sale, transfer, or exchange 1 or more firearms.''
       (c) Regulation of Firearms Transfers at Gun Shows.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Regulation of firearms transfers at gun shows

       ``(a) Registration of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) registers with the Secretary in accordance with 
     regulations promulgated by the Secretary; and
       ``(2) pays a registration fee, in an amount determined by 
     the Secretary.
       ``(b) Responsibilities of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) before commencement of the gun show, verifies the 
     identity of each gun show vendor participating in the gun 
     show by examining a valid identification document (as defined 
     in section 1028(d)(1)) of the vendor containing a photograph 
     of the vendor;
       ``(2) before commencement of the gun show, requires each 
     gun show vendor to sign--
       ``(A) a ledger with identifying information concerning the 
     vendor; and
       ``(B) a notice advising the vendor of the obligations of 
     the vendor under this chapter; and
       ``(3) notifies each person who attends the gun show of the 
     requirements of this chapter, in accordance with such 
     regulations as the Secretary shall prescribe; and
       ``(4) maintains a copy of the records described in 
     paragraphs (1) and (2) at the permanent place of business of 
     the gun show promoter for such period of time and in such 
     form as the Secretary shall require by regulation.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to transfer a 
     firearm to another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not transfer the firearm to the transferee 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not transfer 
     the firearm to the transferee if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(3) Absence of recordkeeping requirements.--Nothing in 
     this section shall permit or authorize the Secretary to 
     impose recordkeeping requirements on any nonlicensed vendor.
       ``(d) Responsibilities of Transferees Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to receive a 
     firearm from another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not receive the firearm from the transferor 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not receive 
     the firearm from the transferor if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(e) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, or licensed dealer who agrees to 
     assist a person who is not licensed under this chapter in 
     carrying out the responsibilities of that person under 
     subsection (c) or (d) with respect to the transfer of a 
     firearm shall--
       ``(1) enter such information about the firearm as the 
     Secretary may require by regulation into a separate bound 
     record;

[[Page S172]]

       ``(2) record the transfer on a form specified by the 
     Secretary;
       ``(3) comply with section 922(t) as if transferring the 
     firearm from the inventory of the licensed importer, licensed 
     manufacturer, or licensed dealer to the designated transferee 
     (although a licensed importer, licensed manufacturer, or 
     licensed dealer complying with this subsection shall not be 
     required to comply again with the requirements of section 
     922(t) in delivering the firearm to the nonlicensed 
     transferor), and notify the nonlicensed transferor and the 
     nonlicensed transferee--
       ``(A) of such compliance; and
       ``(B) if the transfer is subject to the requirements of 
     section 922(t)(1), of any receipt by the licensed importer, 
     licensed manufacturer, or licensed dealer of a notification 
     from the national instant criminal background check system 
     that the transfer would violate section 922 or would violate 
     State law;
       ``(4) not later than 10 days after the date on which the 
     transfer occurs, submit to the Secretary a report of the 
     transfer, which report--
       ``(A) shall be on a form specified by the Secretary by 
     regulation; and
       ``(B) shall not include the name of or other identifying 
     information relating to any person involved in the transfer 
     who is not licensed under this chapter;
       ``(5) if the licensed importer, licensed manufacturer, or 
     licensed dealer assists a person other than a licensee in 
     transferring, at 1 time or during any 5 consecutive business 
     days, 2 or more pistols or revolvers, or any combination of 
     pistols and revolvers totaling 2 or more, to the same 
     nonlicensed person, in addition to the reports required under 
     paragraph (4), prepare a report of the multiple transfers, 
     which report shall be--
       ``(A) prepared on a form specified by the Secretary; and
       ``(B) not later than the close of business on the date on 
     which the transfer occurs, forwarded to--
       ``(i) the office specified on the form described in 
     subparagraph (A); and
       ``(ii) the appropriate State law enforcement agency of the 
     jurisdiction in which the transfer occurs; and
       ``(6) retain a record of the transfer as part of the 
     permanent business records of the licensed importer, licensed 
     manufacturer, or licensed dealer.
       ``(f) Records of Licensee Transfers.--If any part of a 
     firearm transaction takes place at a gun show, each licensed 
     importer, licensed manufacturer, and licensed dealer who 
     transfers 1 or more firearms to a person who is not licensed 
     under this chapter shall, not later than 10 days after the 
     date on which the transfer occurs, submit to the Secretary a 
     report of the transfer, which report--
       ``(1) shall be in a form specified by the Secretary by 
     regulation;
       ``(2) shall not include the name of or other identifying 
     information relating to the transferee; and
       ``(3) shall not duplicate information provided in any 
     report required under subsection (e)(4).
       ``(g) Firearm Transaction Defined.--In this section, the 
     term `firearm transaction'--
       ``(1) includes the offer for sale, sale, transfer, or 
     exchange of a firearm; and
       ``(2) does not include the mere exhibition of a firearm.''.
       (2) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Whoever knowingly violates section 931(a) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.
       ``(B) Whoever knowingly violates subsection (b) or (c) of 
     section 931, shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(C) Whoever willfully violates section 931(d), shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(D) Whoever knowingly violates subsection (e) or (f) of 
     section 931 shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(E) In addition to any other penalties imposed under this 
     paragraph, the Secretary may, with respect to any person who 
     knowingly violates any provision of section 931--
       ``(i) if the person is registered pursuant to section 
     931(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 931(a); and
       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (2) Technical and conforming amendments.--Chapter 44 of 
     title 18, United States Code, is amended--
       (A) in the chapter analysis, by adding at the end the 
     following:

``931. Regulation of firearms transfers at gun shows.'';

     and
       (B) in the first sentence of section 923(j), by striking 
     ``a gun show or event'' and inserting ``an event''; and
       (d) Inspection Authority.--Section 923(g)(1) is amended by 
     adding at the end the following:
       ``(E) Notwithstanding subparagraph (B), the Secretary may 
     enter during business hours the place of business of any gun 
     show promoter and any place where a gun show is held for the 
     purposes of examining the records required by sections 923 
     and 931 and the inventory of licensees conducting business at 
     the gun show. Such entry and examination shall be conducted 
     for the purposes of determining compliance with this chapter 
     by gun show promoters and licensees conducting business at 
     the gun show and shall not require a showing of reasonable 
     cause or a warrant.''.
       (e) Increased Penalties for Serious Recordkeeping 
     Violations by Licensees.--Section 924(a)(3) of title 18, 
     United States Code, is amended to read as follows:
       ``(3)(A) Except as provided in subparagraph (B), any 
     licensed dealer, licensed importer, licensed manufacturer, or 
     licensed collector who knowingly makes any false statement or 
     representation with respect to the information required by 
     this chapter to be kept in the records of a person licensed 
     under this chapter, or violates section 922(m) shall be fined 
     under this title, imprisoned not more than 1 year, or both.
       ``(B) If the violation described in subparagraph (A) is in 
     relation to an offense--
       ``(i) under paragraph (1) or (3) of section 922(b), such 
     person shall be fined under this title, imprisoned not more 
     than 5 years, or both; or
       ``(ii) under subsection (a)(6) or (d) of section 922, such 
     person shall be fined under this title, imprisoned not more 
     than 10 years, or both.''.
       (f) Increased Penalties for Violations of Criminal 
     Background Check Requirements.--
       (1) Penalties.--Section 924 of title 18, United States 
     Code, is amended--
       (A) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (B) by adding at the end the following:
       ``(8) Whoever knowingly violates section 922(t) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.
       (2) Elimination of certain elements of offense.--Section 
     922(t)(5) of title 18, United States Code, is amended by 
     striking ``and, at the time'' and all that follows through 
     ``State law''.
       (g) Gun Owner Privacy and Prevention of Fraud and Abuse of 
     System Information.--Section 922(t)(2)(C) of title 18, United 
     States Code, is amended by inserting before the period at the 
     end the following: ``, as soon as possible, consistent with 
     the responsibility of the Attorney General under section 
     103(h) of the Brady Handgun Violence Prevention Act to ensure 
     the privacy and security of the system and to prevent system 
     fraud and abuse, but in no event later than 90 days after the 
     date on which the licensee first contacts the system with 
     respect to the transfer''.
       (h) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.

Subtitle D--Assistance to States for Prosecuting and Punishing Juvenile 
                 Offenders, and Reducing Juvenile Crime

     SEC. 1401. JUVENILE AND VIOLENT OFFENDER INCARCERATION 
                   GRANTS.

       (a) Grants for Violent and Chronic Juvenile Facilities.--
       (1) Definitions.--In this subsection:
       (A) Co-located facility.--The term ``co-located facility'' 
     means the location of adult and juvenile facilities on the 
     same property in a manner consistent with regulations issued 
     by the Attorney General to ensure that adults and juveniles 
     are substantially segregated.
       (B) Substantially segregated.--The term ``substantially 
     segregated'' means--
       (i) complete sight and sound separation in residential 
     confinement;
       (ii) use of shared direct care and management staff, 
     properly trained and certified by the State to interact with 
     juvenile offenders, if the staff does not interact with adult 
     and juvenile offenders during the same shift; and
       (iii) incidental contact during transportation to court 
     proceedings and other activities in accordance with 
     regulations issued by the Attorney General to ensure 
     reasonable efforts are made to segregate adults and 
     juveniles.
       (C) Violent juvenile offender.--The term ``violent juvenile 
     offender'' means a person under the age of majority pursuant 
     to State law who has been adjudicated delinquent or convicted 
     in adult court of a violent felony as defined in section 
     924(e)(2)(B) of title 18, United States Code.
       (D) Qualifying state.--The term ``qualifying State'' means 
     a State that has submitted, or a State in which an eligible 
     unit of local government has submitted, a grant application 
     that meets the requirements of paragraphs (3) and (5).
       (2) Authority.--
       (A) In general.--The Attorney General may make grants in 
     accordance with this subsection to States, units of local 
     government, or any combination thereof, to assist them in 
     planning, establishing, and operating secure facilities, 
     staff-secure facilities, detention centers, and other 
     correctional programs for violent juvenile offenders.
       (B) Use of amounts.--Grants under this subsection may be 
     used--
       (i) for co-located facilities for adult prisoners and 
     violent juvenile offenders; and

[[Page S173]]

       (ii) only for the construction or operation of facilities 
     in which violent juvenile offenders are substantially 
     segregated from nonviolent juvenile offenders.
       (3) Applications.--
       (A) In general.--The chief executive officer of a State or 
     unit of local government that seeks to receive a grant under 
     this subsection shall submit to the Attorney General an 
     application, in such form and in such manner as the Attorney 
     General may prescribe.
       (B) Contents.--Each application submitted under 
     subparagraph (A) shall provide written assurances that each 
     facility or program funded with a grant under this 
     subsection--
       (i) will provide appropriate educational and vocational 
     training, appropriate mental health services, a program of 
     substance abuse testing, and substance abuse treatment for 
     appropriate juvenile offenders; and
       (ii) will afford juvenile offenders intensive post-release 
     supervision and services.
       (4) Minimum amount.--
       (A) In general.--Except as provided in subparagraph (B), 
     each qualifying State, together with units of local 
     government within the State, shall be allocated for each 
     fiscal year not less than 1.0 percent of the total amount 
     made available in each fiscal year for grants under this 
     subsection.
       (B) Exception.--The United States Virgin Islands, American 
     Samoa, Guam, and the Northern Mariana Islands shall each be 
     allocated 0.2 percent of the total amount made available in 
     each fiscal year for grants under this subsection.
       (5) Performance evaluation.--
       (A) Evaluation components.--
       (i) In general.--Each facility or program funded under this 
     subsection shall contain an evaluation component developed 
     pursuant to guidelines established by the Attorney 
     General.
       (ii) Outcome measures.--The evaluations required by this 
     subsection shall include outcome measures that can be used to 
     determine the effectiveness of the funded programs, including 
     the effectiveness of such programs in comparison with other 
     correctional programs or dispositions in reducing the 
     incidence of recidivism, and other outcome measures.
       (B) Periodic review and reports.--
       (i) Review.--The Attorney General shall review the 
     performance of each grant recipient under this subsection.
       (ii) Reports.--The Attorney General may require a grant 
     recipient to submit to the Office of Justice Programs, 
     Corrections Programs Office the results of the evaluations 
     required under subparagraph (A) and such other data and 
     information as are reasonably necessary to carry out the 
     responsibilities of the Attorney General under this 
     subsection.
       (6) Technical assistance and training.--The Attorney 
     General shall provide technical assistance and training to 
     grant recipients under this subsection to achieve the 
     purposes of this subsection.
       (b) Juvenile Facilities on Tribal Lands.--
       (1) Reservation of funds.--Of amounts made available to 
     carry out this section under section 20108(a)(2)(A) of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13708(a)(2)(A)), the Attorney General shall reserve, 
     to carry out this subsection, 0.75 percent for each of fiscal 
     years 2002 through 2005.
       (2) Grants to indian tribes.--Of amounts reserved under 
     paragraph (1), the Attorney General may make grants to Indian 
     tribes or to regional groups of Indian tribes for the purpose 
     of constructing secure facilities, staff-secure facilities, 
     detention centers, and other correctional programs for 
     incarceration of juvenile offenders subject to tribal 
     jurisdiction.
       (3) Applications.--To be eligible to receive a grant under 
     this section, an Indian tribe shall submit to the Attorney 
     General an application in such form and containing such 
     information as the Attorney General may by regulation 
     require.
       (4) Regional groups.--Individual Indian tribes from a 
     geographic region may apply for grants under paragraph (2) 
     jointly for the purpose of building regional facilities.
       (c) Report on Accountability and Performance Measures in 
     Juvenile Corrections Programs.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall, after 
     consultation with the National Institute of Justice and other 
     appropriate governmental and nongovernmental organizations, 
     submit to Congress a report regarding the possible use of 
     performance-based criteria in evaluating and improving the 
     effectiveness of juvenile corrections facilities and 
     programs.
       (2) Contents.--The report required under this subsection 
     shall include an analysis of--
       (A) the range of performance-based measures that might be 
     utilized as evaluation criteria, including measures of 
     recidivism among juveniles who have been incarcerated in 
     facilities or have participated in correctional programs;
       (B) the feasibility of linking Federal juvenile corrections 
     funding to the satisfaction of performance-based criteria by 
     grantees (including the use of a Federal matching mechanism 
     under which the share of Federal funding would vary in 
     relation to the performance of a program or facility);
       (C) whether, and to what extent, the data necessary for the 
     Attorney General to utilize performance-based criteria in the 
     Attorney General's administration of juvenile corrections 
     programs are collected and reported nationally; and
       (D) the estimated cost and feasibility of establishing 
     minimal, uniform data collection and reporting standards 
     nationwide that would allow for the use of performance-based 
     criteria in evaluating juvenile corrections programs and 
     facilities and administering Federal juvenile corrections 
     funds.

     SEC. 1402. CERTAIN PUNISHMENT AND GRADUATED SANCTIONS FOR 
                   YOUTH OFFENDERS.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds that--
       (A) youth violence constitutes a growing threat to the 
     national welfare requiring immediate and comprehensive action 
     by the Federal Government to reduce and prevent youth 
     violence;
       (B) the behavior of youth who become violent offenders 
     often follows a progression, beginning with aggressive 
     behavior in school, truancy, and vandalism, leading to 
     property crimes and then serious violent offenses;
       (C) the juvenile justice systems in most States are ill-
     equipped to provide meaningful sanctions to minor, nonviolent 
     offenders because most of their resources are dedicated to 
     dealing with more serious offenders;
       (D) in most States, some youth commit multiple, nonviolent 
     offenses without facing any significant criminal sanction;
       (E) the failure to provide meaningful criminal sanctions 
     for first time, nonviolent offenders sends the false message 
     to youth that they can engage in antisocial behavior without 
     suffering any negative consequences and that society is 
     unwilling or unable to restrain that behavior;
       (F) studies demonstrate that interventions during the early 
     stages of a criminal career can halt the progression to more 
     serious, violent behavior; and
       (G) juvenile courts need access to a range of sentencing 
     options so that at least some level of sanction is imposed on 
     all youth offenders, including status offenders, and the 
     severity of the sanctions increase along with the seriousness 
     of the offense.
       (2) Purposes.--The purposes of this section are to 
     provide--
       (A) assistance to State and local juvenile courts to expand 
     the range of sentencing options for first time, nonviolent 
     offenders; and
       (B) a selection of graduated sanctions for more serious 
     offenses.
       (b) Definitions.--In this section:
       (1) First time offender.--The term ``first time offender'' 
     means a juvenile against whom formal charges have not 
     previously been filed in any Federal or State judicial 
     proceeding.
       (2) Nonviolent offender.--The term ``nonviolent offender'' 
     means a juvenile who is charged with an offense that does not 
     involve the use of force against the person of another.
       (3) Status offender.--The term ``status offender'' means a 
     juvenile who is charged with an offense that would not be 
     criminal if committed by an adult (other than an offense that 
     constitutes a violation of a valid court order or a violation 
     of section 922(x) of title 18, United States Code (or similar 
     State law)).
       (c) Grant Authorization.--The Attorney General may make 
     grants in accordance with this section to States, State 
     courts, local courts, units of local government, and Indian 
     tribes, for the purposes of--
       (1) providing juvenile courts with a range of sentencing 
     options such that first time juvenile offenders, including 
     status offenders such as truants, vandals, and juveniles in 
     violation of State or local curfew laws, face at least some 
     level of punishment as a result of their initial contact with 
     the juvenile justice system; and
       (2) increasing the sentencing options available to juvenile 
     court judges so that juvenile offenders receive increasingly 
     severe sanctions--
       (A) as the seriousness of their unlawful conduct increases; 
     and
       (B) for each additional offense.
       (d) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, the chief executive of a State, 
     unit of local government, or Indian tribe, or the chief judge 
     of a local court, shall submit an application to the Attorney 
     General in such form and containing such information as the 
     Attorney General may reasonably require.
       (2) Requirements.--Each application submitted in accordance 
     with paragraph (1) shall include--
       (A) a request for a grant to be used for the purposes 
     described in this section;
       (B) a description of the communities to be served by the 
     grant, including the extent of youth crime and violence in 
     those communities;
       (C) written assurances that Federal funds received under 
     this subtitle will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this subsection;
       (D) a comprehensive plan described in paragraph (3) (in 
     this section referred to as the ``comprehensive plan''); and
       (E) any additional information in such form and containing 
     such information as the Attorney General may reasonably 
     require.
       (3) Implementation plan.--For purposes of paragraph (2), a 
     comprehensive plan shall include--
       (A) an action plan outlining the manner in which the 
     applicant will achieve the purposes described in subsection 
     (c)(1);

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       (B) a description of any resources available in the 
     jurisdiction of the applicant to implement the action plan 
     described in subparagraph (A);
       (C) an estimate of the costs of full implementation of the 
     plan; and
       (D) a plan for evaluating the impact of the grant on the 
     jurisdiction's juvenile justice system.
       (e) Grant Awards.--
       (1) Considerations.--In awarding grants under this section, 
     the Attorney General shall consider--
       (A) the ability of the applicant to provide the stated 
     services;
       (B) the level of youth crime, violence, and drug use in the 
     community; and
       (C) to the extent practicable, achievement of an equitable 
     geographic distribution of the grant awards.
       (2) Allocations.--
       (A) In general.--The Attorney General shall allot not less 
     than 0.75 percent of the total amount made available to carry 
     out this section in each fiscal year to applicants in each 
     State from which applicants have applied for grants under 
     this section.
       (B) Indian tribes.--The Attorney General shall allocate not 
     less than 0.75 percent of the total amount made available to 
     carry out this section in each fiscal year to Indian tribes.
       (f) Use of Grant Amounts.--
       (1) In general.--Each grant made under this section shall 
     be used to establish programs that--
       (A) expand the number of judges, prosecutors, and public 
     defenders for the purpose of imposing sanctions on first time 
     juvenile offenders and status offenders and for establishing 
     restorative justice boards involving members of the 
     community;
       (B) provide expanded sentencing options, such as 
     restitution, community service, drug testing and treatment, 
     mandatory job training, curfews, house arrest, mandatory work 
     projects, and boot camps, for status offenders and nonviolent 
     offenders;
       (C) increase staffing for probation officers to supervise 
     status offenders and nonviolent offenders to ensure that 
     sanctions are enforced;
       (D) provide aftercare and supervision for status and 
     nonviolent offenders, such as drug education and drug 
     treatment, vocational training, job placement, and family 
     counseling;
       (E) encourage private sector employees to provide training 
     and work opportunities for status offenders and nonviolent 
     offenders; and
       (F) provide services and interventions for status and 
     nonviolent offenders designed, in tandem with criminal 
     sanctions, to reduce the likelihood of further criminal 
     behavior.
       (2) Prohibition on use of amounts.--
       (A) Definitions.--In this paragraph:
       (i) Alien.--The term ``alien'' has the same meaning as in 
     section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)).
       (ii) Secure detention facility; secure correctional 
     facility.--The terms ``secure detention facility'' and 
     ``secure correctional facility'' have the same meanings as in 
     section 103 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5603).
       (B) Prohibition.--No amounts made available under this 
     subtitle may be used for any program that permits the 
     placement of status offenders, alien juveniles in custody, or 
     nonoffender juveniles (such as dependent, abused, or 
     neglected children) in secure detention facilities or secure 
     correctional facilities.
       (g) Grant Limitations.--Not more than 3 percent of the 
     amounts made available to the Attorney General or a grant 
     recipient under this section may be used for administrative 
     purposes.
       (h) Federal Share.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Federal share of a grant made under this section may not 
     exceed 90 percent of the total estimated costs of the program 
     described in the comprehensive plan submitted under 
     subsection (d)(3) for the fiscal year for which the program 
     receives assistance under this section.
       (2) Waiver.--The Attorney General may waive, in whole or in 
     part, the requirements of paragraph (1).
       (3) In-kind contributions.--For purposes of paragraph (1), 
     in-kind contributions may constitute any portion of the non-
     Federal share of a grant under this section.
       (i) Report and Evaluation.--
       (1) Report to the attorney general.--Not later than October 
     1, 2002, and October 1 of each year thereafter, each grant 
     recipient under this section shall submit to the Attorney 
     General a report that describes, for the year to which the 
     report relates, any progress achieved in carrying out the 
     comprehensive plan of the grant recipient.
       (2) Evaluation and report to congress.--Not later than 
     March 1, 2003, and March 1 of each year thereafter, the 
     Attorney General shall submit to Congress an evaluation and 
     report that contains a detailed statement regarding grant 
     awards, activities of grant recipients, a compilation of 
     statistical information submitted by grant recipients under 
     this section, and an evaluation of programs established by 
     grant recipients under this section.
       (3) Criteria.--In assessing the effectiveness of the 
     programs established and operated by grant recipients 
     pursuant to this section, the Attorney General shall 
     consider--
       (A) a comparison between the number of first time offenders 
     who received a sanction for criminal behavior in the 
     jurisdiction of the grant recipient before and after 
     initiation of the program;
       (B) changes in the recidivism rate for first time offenders 
     in the jurisdiction of the grant recipient;
       (C) a comparison of the recidivism rates and the 
     seriousness of future offenses of first time offenders in the 
     jurisdiction of the grant recipient that receive a sanction 
     and those who do not;
       (D) changes in truancy rates of the public schools in the 
     jurisdiction of the grant recipient; and
       (E) changes in the arrest rates for vandalism and other 
     property crimes in the jurisdiction of the grant recipient.
       (4) Documents and information.--Each grant recipient under 
     this section shall provide the Attorney General with all 
     documents and information that the Attorney General 
     determines to be necessary to conduct an evaluation of the 
     effectiveness of programs funded under this section.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section from the Violent 
     Crime Reduction Trust Fund--
       (1) such sums as may be necessary for each of fiscal years 
     2002 and 2003; and
       (2) $175,000,000 for each of fiscal years 2004 and 2005.

     SEC. 1403. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT 
                   SUCCESSFUL JUVENILE CRIME REDUCTION STRATEGIES.

       (a) Pilot Program To Promote Replication of Recent 
     Successful Juvenile Crime Reduction Strategies.--
       (1) Establishment.--The Attorney General (or a designee of 
     the Attorney General), in conjunction with the Secretary of 
     the Treasury (or the designee of the Secretary), shall 
     establish a pilot program (in this section referred to as the 
     ``program'') to encourage and support communities that adopt 
     a comprehensive approach to suppressing and preventing 
     violent juvenile crime patterned after successful State 
     juvenile crime reduction strategies.
       (2) Program.--In carrying out the program, the Attorney 
     General shall--
       (A) make and track grants to grant recipients (in this 
     section referred to as ``coalitions'');
       (B) in conjunction with the Secretary of the Treasury, 
     provide for technical assistance and training, data 
     collection, and dissemination of relevant information; and
       (C) provide for the general administration of the program.
       (3) Administration.--Not later than 30 days after the date 
     of enactment of this Act, the Attorney General shall appoint 
     an Administrator (in this section referred to as the 
     ``Administrator'') to carry out the program.
       (4) Program authorization.--To be eligible to receive an 
     initial grant or a renewal grant under this section, a 
     coalition shall meet each of the following criteria:
       (A) Composition.--The coalition shall consist of 1 or more 
     representatives of--
       (i) the local police department or sheriff's department;
       (ii) the local prosecutors' office;
       (iii) the United States Attorney's office;
       (iv) the Federal Bureau of Investigation;
       (v) the Bureau of Alcohol, Tobacco and Firearms;
       (vi) State or local probation officers;
       (vii) religious affiliated or fraternal organizations 
     involved in crime prevention;
       (viii) schools;
       (ix) parents or local grass roots organizations such as 
     neighborhood watch groups; and
       (x) social service agencies involved in crime prevention.
       (B) Other participants.--If possible, in addition to the 
     representatives from the categories listed in subparagraph 
     (A), the coalition shall include--
       (i) representatives from the business community; and
       (ii) researchers who have studied criminal justice and can 
     offer technical or other assistance.
       (C) Coordinated strategy.--A coalition shall submit to the 
     Attorney General, or the Attorney General's designee, a 
     comprehensive plan for reducing violent juvenile crime. To be 
     eligible for consideration, a plan shall--
       (i) ensure close collaboration among all members of the 
     coalition in suppressing and preventing juvenile crime;
       (ii) place heavy emphasis on coordinated enforcement 
     initiatives, such as Federal and State programs that 
     coordinate local police departments, prosecutors, and local 
     community leaders to focus on the suppression of violent 
     juvenile crime involving gangs;
       (iii) ensure that there is close collaboration between 
     police and probation officers in the supervision of juvenile 
     offenders, such as initiatives that coordinate the efforts of 
     parents, school officials, and police and probation officers 
     to patrol the streets and make home visits to ensure that 
     offenders comply with the terms of their probation;
       (iv) ensure that a program is in place to trace all 
     firearms seized from crime scenes or offenders in an effort 
     to identify illegal gun traffickers; and
       (v) ensure that effective crime prevention programs are in 
     place, such as programs that provide after-school safe havens 
     and other opportunities for at-risk youth to escape or avoid 
     gang or other criminal activity, and to reduce recidivism.
       (D) Accountability.--A coalition shall--

[[Page S175]]

       (i) establish a system to measure and report outcomes 
     consistent with common indicators and evaluation protocols 
     established by the Administrator and which receives the 
     approval of the Administrator; and
       (ii) devise a detailed model for measuring and evaluating 
     the success of the plan of the coalition in reducing violent 
     juvenile crime, and provide assurances that the plan will be 
     evaluated on a regular basis to assess progress in reducing 
     violent juvenile crime.
       (5) Grant amounts.--
       (A) In general.--The Administrator may grant to an eligible 
     coalition under this paragraph, an amount not to exceed the 
     amount of non-Federal funds raised by the coalition, 
     including in-kind contributions, for that fiscal year.
       (B) Nonsupplanting requirement.--A coalition seeking funds 
     shall provide reasonable assurances that funds made available 
     under this program to States or units of local government 
     shall be so used as to supplement and increase (but not 
     supplant) the level of the State, local, and other non-
     Federal funds that would in the absence of such Federal funds 
     be made available for programs described in this section, and 
     shall in no event replace such State, local, or other non-
     Federal funds.
       (C) Suspension of grants.--If a coalition fails to continue 
     to meet the criteria set forth in this section, the 
     Administrator may suspend the grant, after providing written 
     notice to the grant recipient and an opportunity to appeal.
       (D) Renewal grants.--Subject to subparagraph (E), the 
     Administrator may award a renewal grant to a grant recipient 
     under this subparagraph for each fiscal year following the 
     fiscal year for which an initial grant is awarded, in an 
     amount not to exceed the amount of non-Federal funds raised 
     by the coalition, including in-kind contributions, for that 
     fiscal year, during the 4-year period following the period of 
     the initial grant.
       (E) Limitation.--The amount of a grant award under this 
     section may not exceed $300,000 for a fiscal year.
       (6) Permitted use of funds.--A coalition receiving funds 
     under this section may expend such Federal funds on any use 
     or program that is contained in the plan submitted to the 
     Administrator.
       (7) Congressional consultation.--Two years after the date 
     of implementation of the program established in this section, 
     the General Accounting Office shall submit a report to 
     Congress reviewing the effectiveness of the program in 
     suppressing and reducing violent juvenile crime in the 
     participating communities. The report shall contain an 
     analysis of each community participating in the program, 
     along with information regarding the plan undertaken in the 
     community, and the effectiveness of the plan in reducing 
     violent juvenile crime. The report shall contain 
     recommendations regarding the efficacy of continuing the 
     program.
       (b) Information Collection and Dissemination With Respect 
     to Coalitions.--
       (1) Coalition information.--For the purpose of audit and 
     examination, the Administrator--
       (A) shall have access to any books, documents, papers, and 
     records that are pertinent to any grant or grant renewal 
     request under this section; and
       (B) may periodically request information from a coalition 
     to ensure that the coalition meets the applicable criteria.
       (2) Reporting.--The Administrator shall, to the maximum 
     extent practicable and in a manner consistent with applicable 
     law, minimize reporting requirements by a coalition and 
     expedite any application for a renewal grant made under this 
     section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated from the Violent Crime Reduction Trust 
     Fund to carry out this section, $3,000,000 in each of fiscal 
     years 2002, 2003, and 2004.

     SEC. 1404. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING 
                   JUVENILE ALIEN OFFENDERS.

       (a) In General.--Section 501 of the Immigration Reform and 
     Control Act of 1986 (8 U.S.C. 1365) is amended--
       (1) in subsection (a), by inserting ``or illegal juvenile 
     alien who has been adjudicated delinquent and committed to a 
     juvenile correctional facility by such State or locality'' 
     before the period;
       (2) in subsection (b), by inserting ``(including any 
     juvenile alien who has been adjudicated delinquent and has 
     been committed to a correctional facility)'' before ``who is 
     in the United States unlawfully''; and
       (3) by adding at the end the following:
       ``(f) Juvenile Alien Defined.--In this section, the term 
     `juvenile alien' means an alien (as that term is defined in 
     section 101(a)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1103)) who has been adjudicated delinquent and 
     committed to a correctional facility by a State or locality 
     as a juvenile offender.''.

     Subtitle E--Ballistics, Law Assistance, and Safety Technology

     SEC. 1501. SHORT TITLE.

       This subtitle may be cited as the ``Ballistics, Law 
     Assistance, and Safety Technology Act'' (``BLAST'').

     SEC. 1502. PURPOSES.

       The purposes of this subtitle are--
       (1) to increase public safety by assisting law enforcement 
     in solving more gun-related crimes and offering prosecutors 
     evidence to link felons to gun crimes through ballistics 
     technology;
       (2) to provide for ballistics testing of all new firearms 
     for sale to assist in the identification of firearms used in 
     crimes;
       (3) to require ballistics testing of all firearms in 
     custody of Federal agencies to assist in the identification 
     of firearms used in crimes; and
       (4) to add ballistics testing to existing firearms 
     enforcement programs.

     SEC. 1503. DEFINITION OF BALLISTICS.

       Section 921(a) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(35) Ballistics.--The term `ballistics' means a 
     comparative analysis of fired bullets and cartridge casings 
     to identify the firearm from which bullets were discharged, 
     through identification of the unique characteristics that 
     each firearm imprints on bullets and cartridge casings.''.

      SEC. 1504. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS 
                   RECORDS.

       (a) Amendment.--Section 923 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(m)(1) In addition to the other licensing requirements 
     under this section, a licensed manufacturer or licensed 
     importer shall--
       ``(A) test fire firearms manufactured or imported by such 
     licensees as specified by the Secretary by regulation;
       ``(B) prepare ballistics images of the fired bullet and 
     cartridge casings from the test fire;
       ``(C) make the records available to the Secretary for entry 
     in a computerized database; and
       ``(D) store the fired bullet and cartridge casings in such 
     a manner and for such a period as specified by the Secretary 
     by regulation.
       ``(2) Nothing in this subsection creates a cause of action 
     against any Federal firearms licensee or any other person for 
     any civil liability except for imposition of a civil penalty 
     under this section.
       ``(3)(A) The Attorney General and the Secretary shall 
     assist firearm manufacturers and importers in complying with 
     paragraph (1) through--
       ``(i) the acquisition, disposition, and upgrades of 
     ballistics equipment and bullet recovery equipment to be 
     placed at or near the sites of licensed manufacturers and 
     importers;
       ``(ii) the hiring or designation of personnel necessary to 
     develop and maintain a database of ballistics images of fired 
     bullets and cartridge casings, research and evaluation;
       ``(iii) providing education about the role of ballistics as 
     part of a comprehensive firearm crime reduction strategy;
       ``(iv) providing for the coordination among Federal, State, 
     and local law enforcement and regulatory agencies and the 
     firearm industry to curb firearm-related crime and illegal 
     firearm trafficking; and
       ``(v) any other steps necessary to make ballistics testing 
     effective.
       ``(B) The Attorney General and the Secretary shall--
       ``(i) establish a computer system through which State and 
     local law enforcement agencies can promptly access ballistics 
     records stored under this subsection, as soon as such a 
     capability is available; and
       ``(ii) encourage training for all ballistics examiners.
       ``(4) Not later than 1 year after the date of enactment of 
     this subsection and annually thereafter, the Attorney General 
     and the Secretary shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report regarding the impact of 
     this section, including--
       ``(A) the number of Federal and State criminal 
     investigations, arrests, indictments, and prosecutions of all 
     cases in which access to ballistics records provided under 
     this section served as a valuable investigative tool;
       ``(B) the extent to which ballistics records are accessible 
     across jurisdictions; and
       ``(C) a statistical evaluation of the test programs 
     conducted pursuant to section 1506 of the Ballistics, Law 
     Assistance, and State Technology Act.
       ``(5) There is authorized to be appropriated to the 
     Department of Justice and the Department of the Treasury for 
     each of fiscal years 2002 through 2005, $20,000,000 to carry 
     out this subsection, including--
       ``(A) installation of ballistics equipment and bullet 
     recovery equipment;
       ``(B) establishment of sites for ballistics testing;
       ``(C) salaries and expenses of necessary personnel; and
       ``(D) research and evaluation.
       ``(6) The Secretary and the Attorney General shall conduct 
     mandatory ballistics testing of all firearms obtained or in 
     the possession of their respective agencies.''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by subsection (a) take effect on the date on 
     which the Attorney General and the Secretary of the Treasury, 
     in consultation with the Board of the National Integrated 
     Ballistics Information Network, certify that the ballistics 
     systems used by the Department of Justice and the Department 
     of the Treasury are sufficiently interoperable to make 
     mandatory ballistics testing of new firearms possible.
       (2) Effective on date of enactment.--Section 923(m)(6) of 
     title 18, United States Code, as added by subsection (a), 
     shall take effect on the date of enactment of this Act.

[[Page S176]]

     SEC. 1505. PRIVACY RIGHTS OF LAW ABIDING CITIZENS.

       Ballistics information of individual guns in any form or 
     database established by this Act may not be used for--
       (1) prosecutorial purposes unless law enforcement officials 
     have a reasonable belief that a crime has been committed and 
     that ballistics information would assist in the investigation 
     of that crime; or
       (2) the creation of a national firearms registry of gun 
     owners.

     SEC. 1506. DEMONSTRATION FIREARM CRIME REDUCTION STRATEGY.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of the Treasury and the 
     Attorney General shall establish in the jurisdictions 
     selected under subsection (c), a comprehensive firearm crime 
     reduction strategy that meets the requirements of subsection 
     (b).
       (b) Program Elements.--Each program established under 
     subsection (a) shall, for the jurisdiction concerned--
       (1) provide for ballistics testing, in accordance with 
     criteria set forth by the National Integrated Ballistics 
     Information Network, of all firearms recovered during 
     criminal investigations, in order to--
       (A) identify the types and origins of the firearms;
       (B) identify suspects; and
       (C) link multiple crimes involving the same firearm;
       (2) require that all identifying information relating to 
     firearms recovered during criminal investigations be promptly 
     submitted to the Secretary of the Treasury, in order to 
     identify the types and origins of the firearms and to 
     identify illegal firearms traffickers;
       (3) provide for coordination among Federal, State, and 
     local law enforcement officials, firearm examiners, 
     technicians, laboratory personnel, investigators, and 
     prosecutors in the tracing and ballistics testing of firearms 
     and the investigation and prosecution of firearms-related 
     crimes including illegal firearms trafficking; and
       (4) require analysis of firearm tracing and ballistics data 
     in order to establish trends in firearm-related crime and 
     firearm trafficking.
       (c) Participating Jurisdictions.--
       (1) In general.--The Secretary of the Treasury and the 
     Attorney General shall select not fewer than 10 jurisdictions 
     for participation in the program under this section.
       (2) Considerations.--In selecting jurisdictions under this 
     subsection, the Secretary of the Treasury and the Attorney 
     General shall give priority to jurisdictions that--
       (A) participate in comprehensive firearm law enforcement 
     strategies, including programs such as the Youth Crime Gun 
     Interdiction Initiative, Project Achilles, Project Disarm, 
     Project Triggerlock, Project Exile, Project Surefire, and 
     Operation Ceasefire;
       (B) draft a plan to share ballistics records with nearby 
     jurisdictions that require ballistics testing of firearms 
     recovered during criminal investigations; and
       (C) pledge to match Federal funds for the expansion of 
     ballistics testing on a one-on-one basis.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2002 through 
     2005, $20,000,000 to carry out this section, including--
       (1) installation of ballistics equipment; and
       (2) salaries and expenses for personnel (including 
     personnel from the Department of Justice and the Bureau of 
     Alcohol, Tobacco, and Firearms).

           Subtitle F--Offender Reentry and Community Safety

     SEC. 1601. SHORT TITLE.

       This subtitle may be cited as the ``Offender Reentry and 
     Community Safety Act of 2001''.

     SEC. 1602. FINDINGS.

       Congress finds the following:
       (1) There are now nearly 1,900,000 individuals in our 
     country's prisons and jails, including over 140,000 
     individuals under the jurisdiction of the Federal Bureau of 
     Prisons.
       (2) Enforcement of offender violations of conditions of 
     releases has sharply increased the number of offenders who 
     return to prison--while revocations comprised 17 percent of 
     State prison admissions in 1980, they rose to 36 percent in 
     1998.
       (3) Although prisoners generally are serving longer 
     sentences than they did a decade ago, most eventually reenter 
     communities; for example, in 1999, approximately 538,000 
     State prisoners and over 50,000 Federal prisoners, a record 
     number, were returned to American communities. Approximately 
     100,000 State offenders who returned to communities received 
     no supervision whatsoever.
       (4) Historically, two-thirds of returning State prisoners 
     have been rearrested for new crimes within three years, so 
     these individuals pose a significant public safety risk and a 
     continuing financial burden to society.
       (5) A key element to effective post-incarceration 
     supervision is an immediate, predetermined, and appropriate 
     response to violations of the conditions of supervision.
       (6) An estimated 187,000 State and Federal prison inmates 
     have been diagnosed with mental health problems; about 70 
     percent of State prisoners and 57 percent of Federal 
     prisoners have a history of drug use or abuse; and nearly 75 
     percent of released offenders with heroin or cocaine problems 
     return to using drugs within three months if untreated; 
     however, few States link prison mental health treatment 
     programs with those in the return community.
       (7) Between 1987 and 1997, the volume of juvenile 
     adjudicated cases resulting in court-ordered residential 
     placements rose 56 percent. In 1997 alone, there were a total 
     of 163,200 juvenile court-ordered residential placements. The 
     steady increase of youth exiting residential placement has 
     strained the juvenile justice aftercare system, however, 
     without adequate supervision and services, youth are likely 
     to relapse, recidivate, and return to confinement at the 
     public's expense.
       (8) Emerging technologies and multidisciplinary community-
     based strategies present new opportunities to alleviate the 
     public safety risk posed by released prisoners while helping 
     offenders to reenter their communities successfully.

      SEC. 1603. PURPOSES.

       The purposes of this subtitle are to--
       (1) establish demonstration projects in several Federal 
     judicial districts, the District of Columbia, and in the 
     Federal Bureau of Prisons, using new strategies and emerging 
     technologies that alleviate the public safety risk posed by 
     released prisoners by promoting their successful 
     reintegration into the community;
       (2) establish court-based programs to monitor the return of 
     offenders into communities, using court sanctions to promote 
     positive behavior;
       (3) establish offender reentry demonstration projects in 
     the states using government and community partnerships to 
     coordinate cost efficient strategies that ensure public 
     safety and enhance the successful reentry into communities of 
     offenders who have completed their prison sentences;
       (4) establish intensive aftercare demonstration projects 
     that address public safety and ensure the special reentry 
     needs of juvenile offenders by coordinating the resources of 
     juvenile correctional agencies, juvenile courts, juvenile 
     parole agencies, law enforcement agencies, social service 
     providers, and local Workforce Investment Boards; and
       (5) rigorously evaluate these reentry programs to determine 
     their effectiveness in reducing recidivism and promoting 
     successful offender reintegration.

             PART 1--FEDERAL REENTRY DEMONSTRATION PROJECTS

     SEC. 1611. FEDERAL REENTRY CENTER DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this section, the 
     Attorney General, in consultation with the Director of the 
     Administrative Office of the United States Courts, shall 
     establish the Federal Reentry Center Demonstration project. 
     The project shall involve appropriate prisoners from the 
     Federal prison population and shall utilize community 
     corrections facilities, home confinement, and a coordinated 
     response by Federal agencies to assist participating 
     prisoners, under close monitoring and more seamless 
     supervision, in preparing for and adjusting to reentry into 
     the community.
       (b) Project Elements.--The project authorized by subsection 
     (a) shall include--
       (1) a Reentry Review Team for each prisoner, consisting of 
     representatives from the Bureau of Prisons, the United States 
     Probation System, and the relevant community corrections 
     facility, who shall initially meet with the prisoner to 
     develop a reentry plan tailored to the needs of the prisoner 
     and incorporating victim impact information, and will 
     thereafter meet regularly to monitor the prisoner's 
     progress toward reentry and coordinate access to 
     appropriate reentry measures and resources;
       (2) regular drug testing, as appropriate;
       (3) a system of graduated levels of supervision within the 
     community corrections facility to promote community safety, 
     provide incentives for prisoners to complete the reentry 
     plan, including victim restitution, and provide a reasonable 
     method for imposing immediate sanctions for a prisoner's 
     minor or technical violation of the conditions of 
     participation in the project;
       (4) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     assistance obtaining suitable affordable housing, and other 
     programming to promote effective reintegration into the 
     community as needed;
       (5) to the extent practicable, the recruitment and 
     utilization of local citizen volunteers, including volunteers 
     from the faith-based and business communities, to serve as 
     advisers and mentors to prisoners being released into the 
     community;
       (6) a description of the methodology and outcome measures 
     that will be used to evaluate the program; and
       (7) notification to victims on the status and nature of 
     offenders' reentry plan.
       (c) Probation Officers.--From funds made available to carry 
     out this section, the Director of the Administrative Office 
     of the United States Courts shall assign one or more 
     probation officers from each participating judicial district 
     to the Reentry Demonstration project. Such officers shall be 
     assigned to and stationed at the community corrections 
     facility and shall serve on the Reentry Review Teams.
       (d) Project Duration.--The Reentry Center Demonstration 
     project shall begin not

[[Page S177]]

     later than 6 months following the availability of funds to 
     carry out this section, and shall last 3 years. The Attorney 
     General may extend the project for a period of up to 6 months 
     to enable participant prisoners to complete their involvement 
     in the project.
       (e) Selection of Districts.--The Attorney General, in 
     consultation with the Judicial Conference of the United 
     States, shall select an appropriate number of Federal 
     judicial districts in which to carry out the Reentry Center 
     Demonstration project.
       (f) Coordination of Projects.--The Attorney General, may, 
     if appropriate, include in the Reentry Center Demonstration 
     project offenders who participated in the Enhanced In-Prison 
     Vocational Assessment and Training Demonstration project 
     established by section 1615 of this Act.

     SEC. 1612. FEDERAL HIGH-RISK OFFENDER REENTRY DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this section, the 
     Director of the Administrative Office of the United States 
     Courts, in consultation with the Attorney General, shall 
     establish the Federal High-Risk Offender Reentry 
     Demonstration project. The project shall involve Federal 
     offenders under supervised release who have previously 
     violated the terms of their release following a term of 
     imprisonment and shall utilize, as appropriate and indicated, 
     community corrections facilities, home confinement, 
     appropriate monitoring technologies, and treatment and 
     programming to promote more effective reentry into the 
     community.
       (b) Project Elements.--The project authorized by subsection 
     (a) shall include--
       (1) participation by Federal prisoners who have previously 
     violated the terms of their release following a term of 
     imprisonment;
       (2) use of community corrections facilities and home 
     confinement that, together with the technology referenced in 
     paragraph (5), will be part of a system of graduated levels 
     of supervision;
       (3) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     and other programming to promote effective reintegration into 
     the community as appropriate;
       (4) involvement of a victim advocate and the family of the 
     prisoner, if it is safe for the victim(s), especially in 
     domestic violence cases, to be involved;
       (5) the use of monitoring technologies, as appropriate and 
     indicated, to monitor and supervise participating offenders 
     in the community;
       (6) a description of the methodology and outcome measures 
     that will be used to evaluate the program; and
       (7) notification to victims on the status and nature of a 
     prisoner's reentry plan.
       (c) Mandatory Condition of Supervised Release.--In each of 
     the judicial districts in which the demonstration project is 
     in effect, appropriate offenders who are found to have 
     violated a previously imposed term of supervised release and 
     who will be subject to some additional term of supervised 
     release, shall be designated to participate in the 
     demonstration project. With respect to these offenders, the 
     court shall impose additional mandatory conditions of 
     supervised release that each offender shall, as directed by 
     the probation officer, reside at a community corrections 
     facility or participate in a program of home confinement, or 
     both, and submit to appropriate monitoring, and otherwise 
     participate in the project.
       (d) Project Duration.--The Federal High-Risk Offender 
     Reentry Demonstration shall begin not later than six months 
     following the availability of funds to carry out this 
     section, and shall last 3 years. The Director of the 
     Administrative Office of the United States Courts may extend 
     the project for a period of up to six months to enable 
     participating prisoners to complete their involvement in the 
     project.
       (e) Selection of Districts.--The Judicial Conference of the 
     United States, in consultation with the Attorney General, 
     shall select an appropriate number of Federal judicial 
     districts in which to carry out the Federal High-Risk 
     Offender Reentry Demonstration project.

     SEC. 1613. DISTRICT OF COLUMBIA INTENSIVE SUPERVISION, 
                   TRACKING, AND REENTRY TRAINING (DC ISTART) 
                   DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this section, the 
     Trustee of the Court Services and Offender Supervision Agency 
     of the District of Columbia, as authorized by the National 
     Capital Revitalization and Self Government Improvement Act of 
     1997 (Public Law 105-33; 111 Stat. 712) shall establish the 
     District of Columbia Intensive Supervision, Tracking and 
     Reentry Training Demonstration (DC iSTART) project. The 
     project shall involve high risk District of Columbia parolees 
     who would otherwise be released into the community without a 
     period of confinement in a community corrections facility and 
     shall utilize intensive supervision, monitoring, and 
     programming to promote such parolees' successful reentry into 
     the community.
       (b) Project Elements.--The project authorized by subsection 
     (a) shall include--
       (1) participation by appropriate high risk parolees;
       (2) use of community corrections facilities and home 
     confinement;
       (3) a Reentry Review Team that includes a victim witness 
     professional for each parolee which shall meet with the 
     parolee--by video conference or other means as appropriate--
     before the parolee's release from the custody of the Federal 
     Bureau of Prisons to develop a reentry plan that incorporates 
     victim impact information and is tailored to the needs of the 
     parolee and which will thereafter meet regularly to monitor 
     the parolee's progress toward reentry and coordinate access 
     to appropriate reentry measures and resources;
       (4) regular drug testing, as appropriate;
       (5) a system of graduated levels of supervision within the 
     community corrections facility to promote community safety, 
     encourage victim restitution, provide incentives for 
     prisoners to complete the reentry plan, and provide a 
     reasonable method for immediately sanctioning a prisoner's 
     minor or technical violation of the conditions of 
     participation in the project;
       (6) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     assistance obtaining suitable affordable housing, and other 
     programming to promote effective reintegration into the 
     community as needed and indicated;
       (7) the use of monitoring technologies, as appropriate;
       (8) to the extent practicable, the recruitment and 
     utilization of local citizen volunteers, including volunteers 
     from the faith-based communities, to serve as advisers and 
     mentors to prisoners being released into the community; and
       (9) notification to victims on the status and nature of a 
     prisoner's reentry plan.
       (c) Mandatory Condition of Parole.--For those offenders 
     eligible to participate in the demonstration project, the 
     United States Parole Commission shall impose additional 
     mandatory conditions of parole such that the offender when on 
     parole shall, as directed by the community supervision 
     officer, reside at a community corrections facility or 
     participate in a program of home confinement, or both, submit 
     to electronic and other remote monitoring, and otherwise 
     participate in the project.
       (d) Program Duration.--The District of Columbia Intensive 
     Supervision, Tracking and Reentry Training Demonstration 
     shall begin not later than 6 months following the 
     availability of funds to carry out this section, and shall 
     last 3 years. The Trustee of the Court Services and Offender 
     Supervision Agency of the District of Columbia may extend the 
     project for a period of up to 6 months to enable 
     participating prisoners to complete their involvement in the 
     project.

     SEC. 1614. FEDERAL INTENSIVE SUPERVISION, TRACKING, AND 
                   REENTRY TRAINING (FED ISTART) DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this section, the 
     Director of the Administrative Office of the United States 
     Courts shall establish the Federal Intensive Supervision, 
     Tracking and Reentry Training Demonstration (FED iSTART) 
     project. The project shall involve appropriate high risk 
     Federal offenders who are being released into the community 
     without a period of confinement in a community corrections 
     facility.
       (b) Project Elements.--The project authorized by subsection 
     (a) shall include--
       (1) participation by appropriate high risk Federal 
     offenders;
       (2) significantly smaller caseloads for probation officers 
     participating in the demonstration project;
       (3) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     assistance obtaining suitable affordable housing, and other 
     programming to promote effective reintegration into the 
     community as needed; and
       (4) notification to victims on the status and nature of a 
     prisoner's reentry plan.
       (c) Program Duration.--The Federal Intensive Supervision, 
     Tracking and Reentry Training Demonstration shall begin not 
     later than 6 months following the availability of funds to 
     carry out this section, and shall last 3 years. The Director 
     of the Administrative Office of the United States Courts may 
     extend the project for a period of up to six months to enable 
     participating prisoners to complete their involvement in the 
     project.
       (d) Selection of Districts.--The Judicial Conference of the 
     United States, in consultation with the Attorney General, 
     shall select an appropriate number of Federal judicial 
     districts in which to carry out the Federal Intensive 
     Supervision, Tracking and Reentry Training Demonstration 
     project.

     SEC. 1615. FEDERAL ENHANCED IN-PRISON VOCATIONAL ASSESSMENT 
                   AND TRAINING DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this section, the 
     Attorney General shall establish the Federal Enhanced In-
     Prison Vocational Assessment and Training Demonstration 
     project in selected institutions. The project shall provide 
     in-prison assessments of prisoners' vocational needs and 
     aptitudes, enhanced work skills development, enhanced release 
     readiness programming, and other components as appropriate to 
     prepare Federal prisoners for release and reentry into the 
     community.
       (b) Program Duration.--The Enhanced In-Prison Vocational 
     Assessment and Training

[[Page S178]]

     Demonstration shall begin not later than six months following 
     the availability of funds to carry out this section, and 
     shall last 3 years. The Attorney General may extend the 
     project for a period of up to 6 months to enable 
     participating prisoners to complete their involvement in the 
     project.

     SEC. 1616. RESEARCH AND REPORTS TO CONGRESS.

       (a) Attorney General.--Not later than 2 years after the 
     enactment of this Act, the Attorney General shall report to 
     Congress on the progress of the demonstration projects 
     authorized by sections 1611 and 1615. Not later than 1 year 
     after the end of the demonstration projects authorized by 
     sections 1611 and 1615, the Director of the Federal Bureau of 
     Prisons shall report to Congress on the effectiveness of the 
     reentry projects authorized by sections 1611 and 1615 on 
     post-release outcomes and recidivism. The report shall 
     address post-release outcomes and recidivism for a period of 
     3 years following release from custody. The reports submitted 
     pursuant to this section shall be submitted to the Committees 
     on the Judiciary in the House of Representatives and the 
     Senate.
       (b) Administrative Office of the United States Courts.--Not 
     later than 2 years after the enactment of this Act, Director 
     of the Administrative Office of the United States Courts 
     shall report to Congress on the progress of the demonstration 
     projects authorized by sections 1612 and 1614. Not later than 
     180 days after the end of the demonstration projects 
     authorized by sections 1612 and 1614, the Director of the 
     Administrative Office of the United States Courts shall 
     report to Congress on the effectiveness of the reentry 
     projects authorized by sections 1612 and 1614 on post-release 
     outcomes and recidivism. The report should address post-
     release outcomes and recidivism for a period of 3 years 
     following release from custody. The reports submitted 
     pursuant to this section shall be submitted to the Committees 
     on the Judiciary in the House of Representatives and the 
     Senate.
       (c) DC ISTART.--Not later than 2 years after the enactment 
     of this Act, the Executive Director of the corporation or 
     institute authorized by section 11281(2) of the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997 (Pub. Law 105-33; 111 Stat. 712) shall report to 
     Congress on the progress of the demonstration project 
     authorized by section 1613 of this Act. Not later than 1 year 
     after the end of the demonstration project authorized by 
     section 1613, the Executive Director of the corporation or 
     institute authorized by section 11281(2) of the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997 (Pub. Law 105-33; 111 Stat. 712) shall report to 
     Congress on the effectiveness of the reentry project 
     authorized by section 1613 of this Act on post-release 
     outcomes and recidivism. The report shall address post-
     release outcomes and recidivism for a period of three years 
     following release from custody. The reports submitted 
     pursuant to this section shall be submitted to the Committees 
     on the Judiciary in the House of Representatives and the 
     Senate. In the event that the corporation or institute 
     authorized by section 11281(2) of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997 
     (Pub. Law 105-33; 111 Stat. 712) is not in operation 1 year 
     after the enactment of this Act, the Director of the National 
     Institute of Justice shall prepare and submit the reports 
     required by this section and may do so from funds made 
     available to the Court Services and Offender Supervision 
     Agency of the District of Columbia, as authorized by the 
     National Capital Revitalization and Self-Government 
     Improvement Act of 1997 (Pub. Law 105-33; 111 Stat. 712).

     SEC. 1617. DEFINITIONS.

       In this part--
       (1) the term ``appropriate prisoner'' means a person who is 
     considered by prison authorities--
       (A) to pose a medium to high risk of committing a criminal 
     act upon reentering the community, and
       (B) to lack the skills and family support network that 
     facilitate successful reintegration into the community; and
       (2) the term ``appropriate high risk parolees'' means 
     parolees considered by prison authorities--
       (A) to pose a medium to high risk of committing a criminal 
     act upon reentering the community; and
       (B) to lack the skills and family support network that 
     facilitate successful reintegration into the community.

     SEC. 1618. AUTHORIZATION OF APPROPRIATIONS.

       To carry out this part, there are authorized to be 
     appropriated, to remain available until expended, the 
     following amounts:
       (1) To the Federal Bureau of Prisons--
       (A) $1,375,000 for fiscal year 2002;
       (B) $1,110,000 for fiscal year 2003;
       (C) $1,130,000 for fiscal year 2004;
       (D) $1,155,000 for fiscal year 2005; and
       (E) $1,230,000 for fiscal year 2006.
       (2) To the Federal Judiciary--
       (A) $3,380,000 for fiscal year 2002;
       (B) $3,540,000 for fiscal year 2003;
       (C) $3,720,000 for fiscal year 2004;
       (D) $3,910,000 for fiscal year 2005; and
       (E) $4,100,000 for fiscal year 2006.
       (3) To the Court Services and Offender Supervision Agency 
     of the District of Columbia, as authorized by the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997 (Pub. Law 105-33; 111 Stat. 712)--
       (A) $4,860,000 for fiscal year 2002;
       (B) $4,510,000 for fiscal year 2003;
       (C) $4,620,000 for fiscal year 2004;
       (D) $4,740,000 for fiscal year 2005; and
       (E) $4,860,000 for fiscal year 2006.

                  PART 2--STATE REENTRY GRANT PROGRAMS

     SEC. 1621. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE 
                   STREETS ACT OF 1968.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) as amended, 
     is amended by inserting after part CC the following new part:
       ``PART DD--OFFENDER REENTRY AND COMMUNITY SAFETY

     ``SEC. 2951. ADULT OFFENDER STATE AND LOCAL REENTRY 
                   PARTNERSHIPS.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants of up to $1,000,000 to States, Territories, and Indian 
     tribes, in partnership with units of local government and 
     nonprofit organizations, for the purpose of establishing 
     adult offender reentry demonstration projects. Funds may be 
     expended by the projects for the following purposes:
       ``(1) oversight/monitoring of released offenders;
       ``(2) providing returning offenders with drug and alcohol 
     testing and treatment and mental health assessment and 
     services;
       ``(3) convening community impact panels, victim impact 
     panels or victim impact educational classes;
       ``(4) providing and coordinating the delivery of other 
     community services to offenders such as housing assistance, 
     education, employment training, conflict resolution skills 
     training, batterer intervention programs, and other social 
     services as appropriate; and
       ``(5) establishing and implementing graduated sanctions and 
     incentives.
       ``(b) Submission of Application.--In addition to any other 
     requirements that may be specified by the Attorney General, 
     an application for a grant under this subpart shall--
       ``(1) describe a long-term strategy and detailed 
     implementation plan, including how the jurisdiction plans to 
     pay for the program after the Federal funding ends;
       ``(2) identify the governmental and community agencies that 
     will be coordinated by this project;
       ``(3) certify that there has been appropriate consultation 
     with all affected agencies and there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program, including existing community corrections and 
     parole; and
       ``(4) describe the methodology and outcome measures that 
     will be used in evaluating the program.
       ``(c) Applicants.--The applicants as designated under 
     subsection (a)--
       ``(1) shall prepare the application as required under 
     subsection (b); and
       ``(2) shall administer grant funds in accordance with the 
     guidelines, regulations, and procedures promulgated by the 
     Attorney General, as necessary to carry out the purposes of 
     this part.
       ``(d) Matching Funds.--The Federal share of a grant 
     received under this title may not exceed 25 percent of the 
     costs of the project funded under this title unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this section.
       ``(e) Reports.--Each entity that receives a grant under 
     this part shall submit to the Attorney General, for each year 
     in which funds from a grant received under this part is 
     expended, a report at such time and in such manner as the 
     Attorney General may reasonably require that contains:
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application funded under 
     this part; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $40,000,000 in fiscal years 2002 
     and 2003; and such sums as may be necessary for each of the 
     fiscal years 2004, 2005, and 2006.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(A) not more than 2 percent or less than 1 percent may be 
     used by the Attorney General for salaries and administrative 
     expenses; and
       ``(B) not more than 3 percent or less than 2 percent may be 
     used for technical assistance and training.

     ``SEC. 2952. STATE AND LOCAL REENTRY COURTS.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants of up to $500,000 to State and local courts or state 
     agencies, municipalities, public agencies, nonprofit 
     organizations, and tribes that have agreements with courts to 
     take the lead in establishing a reentry court. Funds may be 
     expended by the projects for the following purposes:
       ``(1) monitoring offenders returning to the community;
       ``(2) providing returning offenders with drug and alcohol 
     testing and treatment and mental and medical health 
     assessment and services;
       ``(3) convening community impact panels, victim impact 
     panels, or victim impact educational classes;
       ``(4) providing and coordinating the delivery of other 
     community services to offenders, such as housing assistance, 
     education, employment training, conflict resolution skills 
     training, batterer intervention programs, and other social 
     services as appropriate; and

[[Page S179]]

       ``(5) establishing and implementing graduated sanctions and 
     incentives.
       ``(b) Submission of Application.--In addition to any other 
     requirements that may be specified by the Attorney General, 
     an application for a grant under this subpart shall--
       ``(1) describe a long-term strategy and detailed 
     implementation plan, including how the jurisdiction plans to 
     pay for the program after the Federal funding ends;
       ``(2) identify the governmental and community agencies that 
     will be coordinated by this project;
       ``(3) certify that there has been appropriate consultation 
     with all affected agencies, including existing community 
     corrections and parole, and there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program;
       ``(4) describe the methodology and outcome measures that 
     will be used in evaluation of the program.
       ``(c) Applicants.--The applicants as designated under 
     subsection (a)--
       ``(1) shall prepare the application as required under 
     subsection (b); and
       ``(2) shall administer grant funds in accordance with the 
     guidelines, regulations, and procedures promulgated by the 
     Attorney General, as necessary to carry out the purposes of 
     this part.
       ``(d) Matching Funds.--The Federal share of a grant 
     received under this title may not exceed 25 percent of the 
     costs of the project funded under this title unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this section.
       ``(e) Reports.--Each entity that receives a grant under 
     this part shall submit to the Attorney General, for each year 
     in which funds from a grant received under this part is 
     expended, a report at such time and in such manner as the 
     Attorney General may reasonably require that contains:
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application funded under 
     this part; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $10,000,000 in fiscal years 2002 
     and 2003, and such sums as may be necessary for each of the 
     fiscal years 2004, 2005, and 2006.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(A) not more than 2 percent or less than 1 percent may be 
     used by the Attorney General for salaries and administrative 
     expenses; and
       ``(B) not more than 3 percent or less than 2 percent may be 
     used for technical assistance and training.

     ``SEC. 2953. JUVENILE OFFENDER STATE AND LOCAL REENTRY 
                   PROGRAMS.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants of up to $250,000 to States, in partnership with local 
     units of governments or nonprofit organizations, for the 
     purpose of establishing juvenile offender reentry programs. 
     Funds may be expended by the projects for--
       ``(1) providing returning juvenile offenders with drug and 
     alcohol testing and treatment and mental and medical health 
     assessment and services;
       ``(2) convening victim impact panels, restorative justice 
     panels, or victim impact educational classes for juvenile 
     offenders;
       ``(3) oversight/monitoring of released juvenile offenders; 
     and
       ``(4) providing for the planning of reentry services when 
     the youth is initially incarcerated and coordinating the 
     delivery of community-based services, such as education, 
     conflict resolution skills training, batterer intervention 
     programs, employment training and placement, efforts to 
     identify suitable living arrangements, family involvement and 
     support, and other services.
       ``(b) Submission of Application.--In addition to any other 
     requirements that may be specified by the Attorney General, 
     an application for a grant under this subpart shall--
       ``(1) describe a long-term strategy and detailed 
     implementation plan, including how the jurisdiction plans to 
     pay for the program after the Federal funding ends;
       ``(2) identify the governmental and community agencies that 
     will be coordinated by this project;
       ``(3) certify that there has been appropriate consultation 
     with all affected agencies and there will be appropriate 
     coordination with all affected agencies, including existing 
     community corrections and parole, in the implementation of 
     the program;
       ``(4) describe the methodology and outcome measures that 
     will be used in evaluating the program.
       ``(c) Applicants.--The applicants as designated under 
     subsection (a)--
       ``(1) shall prepare the application as required under 
     subsection (b); and
       ``(2) shall administer grant funds in accordance with the 
     guidelines, regulations, and procedures promulgated by the 
     Attorney General, as necessary to carry out the purposes of 
     this part.
       ``(d) Matching Funds.--The Federal share of a grant 
     received under this title may not exceed 25 percent of the 
     costs of the project funded under this title unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this section.
       ``(e) Reports.--Each entity that receives a grant under 
     this part shall submit to the Attorney General, for each year 
     in which funds from a grant received under this part is 
     expended, a report at such time and in such manner as the 
     Attorney General may reasonably require that contains:
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application funded under 
     this part; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $5,000,000 in fiscal years 2002 and 
     2003, and such sums as are necessary for each of the fiscal 
     years 2004, 2005, and 2006.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(A) not more than 2 percent or less than 1 percent may be 
     used by the Attorney General for salaries and administrative 
     expenses; and
       ``(B) not more than 3 percent or less than 2 percent may be 
     used for technical assistance and training.

     ``SEC. 2954. STATE REENTRY PROGRAM RESEARCH, DEVELOPMENT, AND 
                   EVALUATION.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants to conduct research on a range of issues pertinent to 
     reentry programs, the development and testing of new reentry 
     components and approaches, selected evaluation of projects 
     authorized in the preceding sections, and dissemination of 
     information to the field.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $5,000,000 in fiscal years 2002 and 2003, and such sums as 
     are necessary to carry out this section in fiscal years 2004, 
     2005, and 2006.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Street Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended, is amended by inserting 
     after the matter relating to part CC the following:

          ``Part DD--Offender Reentry and Community Safety Act

``Sec. 2951. Adult Offender State and Local Reentry Partnerships.
``Sec. 2952. State and Local Reentry Courts.
``Sec. 2953. Juvenile Offender State and Local Reentry Programs.
``Sec. 2954. State Reentry Program Research and Evaluation.''.

           TITLE II--STRENGTHENING THE FEDERAL CRIMINAL LAWS

                  Subtitle A--Combating Gang Violence

         PART 1--ENHANCED PENALTIES FOR GANG-RELATED ACTIVITIES

     SEC. 2101. GANG FRANCHISING.

       Chapter 26 of title 18, United States Code, is amended by 
     adding at the end the following:

     ``SEC. 522. INTERSTATE FRANCHISING OF CRIMINAL STREET GANGS.

       ``(a) Prohibited Act.--Whoever travels in interstate or 
     foreign commerce, or causes another to do so, to recruit, 
     solicit, induce, command, or cause to create, or attempt to 
     create a franchise of a criminal street gang shall be 
     punished in accordance with subsection (c).
       ``(b) Definitions.--In this section:
       ``(1) Criminal street gang.--The term `criminal street 
     gang' has the meaning given that term in section 521.
       ``(2) Franchise.--The term `franchise' means an organized 
     group of individuals related by name, moniker, or other 
     identifier, that engages in coordinated violent crime or drug 
     trafficking activities in interstate or foreign commerce with 
     a criminal street gang in another State.
       ``(c) Penalties.--A person who violates subsection (a) 
     shall be imprisoned for not more than 10 years, fined under 
     this title, or both.''.

     SEC. 2102. ENHANCED PENALTY FOR USE OR RECRUITMENT OF MINORS 
                   IN GANGS.

       (a) In General.--Chapter 26 of title 18, United States 
     Code, as amended by section 2101 of this title, is amended by 
     adding at the end the following:

     ``Sec. 523. Sentencing enhancement for use or recruitment of 
       minors

       ``Pursuant to its authority under section 994(p) of title 
     28, the United States Sentencing Commission shall amend the 
     Federal sentencing guidelines to provide an appropriate 
     enhancement for the use of minors in a criminal street gang 
     and the recruitment of minors in furtherance of the creation 
     of a criminal street gang franchise.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     26 of title 18, United States Code, is amended by adding at 
     the end the following:

``522. Interstate franchising of criminal street gangs.
``523. Sentencing enhancement for use or recruitment of minors.''.

     SEC. 2103. GANG FRANCHISING AS A RICO PREDICATE.

       Section 1961(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' before ``(F)''; and

[[Page S180]]

       (2) by inserting ``, or (G) an offense under section 522 of 
     this title'' before the semicolon at the end.

     SEC. 2104. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN 
                   CRIME AS GANG MEMBER.

       (a) Definition of Criminal Street Gang.--In this section, 
     the term ``criminal street gang'' has the same meaning as in 
     section 521(a) of title 18, United States Code.
       (b) Sentencing Enhancement.--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 
     with respect to any offense committed in connection with, or 
     in furtherance of, the activities of a criminal street gang 
     if the defendant is a member of the criminal street gang at 
     the time of the offense.
       (c) Consistency.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishment for substantially the same 
     offense.

     SEC. 2105. ENHANCED PENALTY FOR DISCHARGE OF FIREARMS IN 
                   RELATION TO COUNTS OF VIOLENCE OR DRUG 
                   TRAFFICKING CRIMES.

       (a) Definitions.--In this section, the terms ``crime of 
     violence'' and ``drug trafficking crime'' have the same 
     meanings as in section 924(c) of title 18, United States 
     Code.
       (b) Sentencing Enhancement.--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 sentence 
     enhancement with respect to any defendant who discharges a 
     firearm during or in relation to any crime of violence or any 
     drug trafficking crime.
       (c) Consistency.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishment for substantially the same 
     offense.

     SEC. 2106. PUNISHMENT OF ARSON OR BOMBING AT FACILITIES 
                   RECEIVING FEDERAL FINANCIAL ASSISTANCE.

       Section 844(f)(1) of title 18, United States Code, is 
     amended by inserting ``or any institution or organization 
     receiving Federal financial assistance'' after ``or agency 
     thereof,''.

     SEC. 2107. ELIMINATION OF STATUTE OF LIMITATIONS FOR MURDER.

       (a) In General.--Section 3281 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 3281. Capital offenses and Class A felonies involving 
       murder

       ``An indictment for any offense punishable by death or an 
     indictment or information for a Class A felony involving 
     murder (as defined in section 1111 or as defined under 
     applicable State law in the case of an offense under section 
     1963(a) involving racketeering activity described in section 
     1961(1)) may be found at any time without limitation.''.
       (b) Applicability.--The amendment made by subsection (a) 
     applies to any offense for which the applicable statute of 
     limitations had not run as of the date of enactment of this 
     Act.

     SEC. 2108. EXTENSION OF STATUTE OF LIMITATIONS FOR VIOLENT 
                   AND DRUG TRAFFICKING CRIMES.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3296. Class A violent and drug trafficking offenses

       ``Except as provided in section 3281, no person shall be 
     prosecuted, tried, or punished for a Class A felony that is a 
     crime of violence or a drug trafficking crime (as that term 
     is defined in section 924(c)) unless the indictment is 
     returned or the information is filed within 10 years after 
     the commission of the offense.''.
       (b) Applicability.--The amendment made by subsection (a) 
     applies to any offense for which the applicable statute of 
     limitations had not run as of the date of enactment of this 
     Act.
       (c) Conforming Amendments.--The chapter analysis for 
     chapter 213 of title 18, United States Code, is amended--
       (1) in the item relating to section 3281, by inserting 
     ``and Class A felonies involving murder'' before the period; 
     and
       (2) by adding at the end the following:

``3296. Class A violent and drug trafficking offenses.''.

     SEC. 2109. INCREASED PENALTIES UNDER THE RICO LAW FOR GANG 
                   AND VIOLENT CRIMES.

       Section 1963(a) of title 18, United States Code, is amended 
     by striking ``or imprisoned not more than 20 years (or for 
     life if the violation is based on a racketeering activity for 
     which the maximum penalty includes life imprisonment), or 
     both,'' and inserting ``or imprisoned not more than the 
     greater of 20 years or the statutory maximum term of 
     imprisonment (other than the penalty of death) applicable to 
     a racketeering activity on which the violation is based, or 
     both,''.

     SEC. 2110. INCREASED PENALTY AND BROADENED SCOPE OF STATUTE 
                   AGAINST VIOLENT CRIMES IN AID OF RACKETEERING.

       Section 1959(a) of title 18, United States Code, is 
     amended--
       (1) by inserting ``or commits any other crime of violence'' 
     before ``or threatens to commit a crime of violence'';
       (2) in paragraph (4), by inserting ``committing any other 
     crime of violence or for'' before ``threatening to commit a 
     crime of violence'', and by striking ``five'' and inserting 
     ``ten'';
       (3) in paragraph (5), by striking ``for not more than ten 
     years'' and inserting ``for any term of years or for life'';
       (4) in paragraph (6), by--
       (A) striking ``or'' before ``assault resulting in serious 
     bodily injury'';
       (B) inserting ``or any other crime of violence'' after 
     ``assault resulting in serious bodily injury''; and
       (C) striking ``three'' and inserting ``10''; and
       (5) by inserting ``(as defined in section 1365 of this 
     title)'' after ``serious bodily injury'' the first place that 
     term appears.

     SEC. 2111. FACILITATING THE PROSECUTION OF CARJACKING 
                   OFFENSES.

       Section 2119 of title 18, United States Code, is amended by 
     striking ``, with the intent to cause death or serious bodily 
     harm''.

     SEC. 2112. FACILITATION OF RICO PROSECUTIONS.

       Section 1962(d) of title 18, United States Code, is amended 
     by adding at the end the following: ``For purposes of this 
     subsection, it is not necessary to establish that the 
     defendant personally committed an act of racketeering 
     activity.''.

     SEC. 2113. ASSAULT AS A RICO PREDICATE.

       Section 1961(1)(A) of title 18, United States Code, is 
     amended by adding after ``extortion,'' ``assault''.

     SEC. 2114. EXPANSION OF DEFINITION OF ``RACKETEERING 
                   ACTIVITY'' TO AFFECT GANGS IN INDIAN COUNTRY.

       Section 1961(1)(A) of title 18, United States Code, is 
     amended by inserting ``or, with respect to an act or threat 
     occurring solely in Indian country, as defined in section 
     1151 of this title, Federal'' after ``chargeable under 
     State''.

     SEC. 2115. INCREASED PENALTIES FOR VIOLENCE IN THE COURSE OF 
                   RIOT OFFENSES.

       Section 2101(a) of title 18, United States Code, is amended 
     by striking ``paragraph--'' and all that follows through the 
     end of the subsection and inserting ``shall be fined under 
     this title--
       ``(i) if death results from such act, be imprisoned for any 
     term of years or for life, or both;
       ``(ii) if serious bodily injury (as defined in section 1365 
     of this title) results from such act, be imprisoned for not 
     more than 20 years, or both; or
       ``(iii) in any other case, be imprisoned for not more than 
     5 years, or both''.

     SEC. 2116. EXPANSION OF FEDERAL JURISDICTION OVER CRIMES 
                   OCCURRING IN PRIVATE PENAL FACILITIES HOUSING 
                   FEDERAL PRISONERS OR PRISONERS FROM OTHER 
                   STATES.

       Section 1791(d)(4) of title 18, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, including privately owned facilities housing 
     Federal prisoners or prisoners who are serving a term 
     of imprisonment under a commitment order from a State 
     other than the State in which the penal facility is 
     located''.

              PART 2--TARGETING GANG-RELATED GUN OFFENSES

     SEC. 2121. TRANSFER OF FIREARM TO COMMIT A CRIME OF VIOLENCE.

       Section 924(h) of title 18, United States Code, is amended 
     by inserting ``or having reasonable cause to believe'' after 
     ``knowing''.

     SEC. 2122. INCREASED PENALTY FOR KNOWINGLY RECEIVING FIREARM 
                   WITH OBLITERATED SERIAL NUMBER.

       Section 924(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)(B), by striking ``(k),''; and
       (2) in paragraph (2), by inserting ``(k),'' after ``(j),''.

     SEC. 2123. AMENDMENT OF THE SENTENCING GUIDELINES FOR 
                   TRANSFERS OF FIREARMS TO PROHIBITED PERSONS.

       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 increase the 
     base offense level for offenses subject to section 2K2.1 of 
     those guidelines (Unlawful Receipt, Possession, or Firearms 
     or Ammunitions) to assume that a person who transferred a 
     firearm or ammunition and who knew or had reasonable cause to 
     believe that the transferee was a prohibited person is 
     subject to the same base offense level as the transferee. The 
     amended guidelines shall not require the same offense level 
     for the transferor and transferee to the extent that the 
     transferee's base offense level is subject to an additional 
     increase on the basis of a past criminal conviction of either 
     a crime of violence or a controlled substance offense.

  PART 3--USING AND PROTECTING WITNESSES TO HELP PROSECUTE GANGS AND 
                        OTHER VIOLENT CRIMINALS

     SEC. 2131. INTERSTATE TRAVEL TO ENGAGE IN WITNESS 
                   INTIMIDATION OR OBSTRUCTION OF JUSTICE.

       Section 1952 of title 18, United States Code, is amended--
       (1) by redesignating subsections (b) and (c) as (c) and 
     (d), respectively; and
       (2) by inserting after subsection (a) the following:

[[Page S181]]

       ``(b) Whoever travels in interstate or foreign commerce 
     with intent by 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, and thereafter 
     engages or endeavors to engage in such conduct, shall--
       ``(1) be fined under this title or imprisoned not more than 
     10 years, or both;
       ``(2) if serious bodily injury (as defined in section 1365) 
     results, be so fined or imprisoned for not more than 20 
     years, or both; and
       ``(3) if death results, be so fined and imprisoned for any 
     term of years or for life, or both, and may be sentenced to 
     death.''.

     SEC. 2132. EXPANDING PRETRIAL DETENTION ELIGIBILITY FOR 
                   SERIOUS GANG AND OTHER VIOLENT CRIMINALS.

       (a) In General.--Section 3142(f)(1) of title 18, United 
     States Code, is amended by adding at the end the following:

     ``For purposes of subparagraph (D), the term `convicted' 
     includes a finding, under Federal or State law, that a person 
     has committed an act of juvenile delinquency;''.
       (b) Offenses.--Section 3156(a)(4) of title 18, United 
     States Code, is amended--
       (1) by striking ``or'' at the end of subparagraph (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``; or''; and
       (3) by adding at the end the following:

       ``(D) an offense that is a violation of section 842(i)(1) 
     or 922(g)(1) of this title (relating to possession of 
     explosives or firearms by convicted felons).''.
       (c) Factors.--Section 3142(g)(3)(B) of title 18, United 
     States Code, is amended--
       (1) by striking ``the person was on probation'' and 
     inserting ``the person was--
       ``(i) on probation'';
       (2) by striking ``local law; and'' and inserting ``local 
     law; or''; and
       (3) by adding at the end the following:
       ``(ii) was a member of or participated in a criminal street 
     gang or racketeering enterprise; and''.

     SEC. 2133. CONSPIRACY PENALTY FOR OBSTRUCTION OF JUSTICE 
                   OFFENSES INVOLVING VICTIMS, WITNESSES, AND 
                   INFORMANTS.

       Section 1512 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(j) Whoever conspires to commit any offense defined in 
     this section or section 1513 of this title shall be subject 
     to the same penalties as those prescribed for the offense the 
     commission of which was the object of the conspiracy.''.

     SEC. 2134. ALLOWING A REDUCTION OF SENTENCE FOR PROVIDING 
                   USEFUL INVESTIGATIVE INFORMATION ALTHOUGH NOT 
                   REGARDING A PARTICULAR INDIVIDUAL.

       (a) Title 18.--Section 3553(e) of title 18, United States 
     Code, is amended by striking ``substantial assistance in the 
     investigation or prosecution of another person who has 
     committed an offense'' and inserting ``substantial assistance 
     in an investigation of any offense or the prosecution of 
     another person who has committed an offense''.
       (b) Title 28.--Section 994(n) of title 28, United States 
     Code, is amended by striking ``substantial assistance in the 
     investigation or prosecution of another person who has 
     committed an offense'' and inserting ``substantial assistance 
     in an investigation of any offense or the prosecution of 
     another person who has committed an offense''.
       (c) Federal Rules of Criminal Procedure.--Rule 35(b) of the 
     Federal Rules of Criminal Procedure is amended by striking 
     ``substantial assistance in the investigation or prosecution 
     of another person who has committed an offense'' and 
     inserting ``substantial assistance in an investigation of any 
     offense or the prosecution of another person who has 
     committed an offense''.

     SEC. 2135. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO 
                   TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS.

       Section 1512 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``as provided in 
     paragraph (2)'' and inserting ``as provided in paragraph 
     (3)'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Whoever uses physical force or the threat of physical 
     force, or attempts to do so, with intent to--
       ``(A) influence, delay, or prevent the testimony of any 
     person in an official proceeding;
       ``(B) cause or induce any person to--
       ``(i) withhold testimony, or withhold a record, document, 
     or other object, from an official proceeding;
       ``(ii) alter, destroy, mutilate, or conceal an object with 
     intent to impair the object's integrity or availability for 
     use in an official proceeding;
       ``(iii) evade legal process summoning that person to appear 
     as a witness, or to produce a record, document, or other 
     object, in an official proceeding; and
       ``(iv) be absent from an official proceeding to which such 
     person has been summoned by legal process; or
       ``(C) hinder, delay, or prevent the communication to a law 
     enforcement officer or judge of the United States of 
     information relating to the commission or possible commission 
     of a Federal offense or a violation of conditions of 
     probation, parole, or release pending judicial proceedings;

     shall be punished as provided in paragraph (3).''; and
       (D) by striking paragraph (3)(B), as redesignated, and 
     inserting the following:
       ``(B) an attempt to murder, the use of physical force, the 
     threat of physical force, or an attempt to do so, 
     imprisonment for not more than 20 years.''; and
       (2) in subsection (b), by striking ``or physical force''.

     SEC. 2136. EXPANSION OF FEDERAL KIDNAPPING OFFENSE TO COVER 
                   WHEN DEATH OF VICTIM OCCURS BEFORE CROSSING 
                   STATE LINE AND WHEN FACILITY IN INTERSTATE 
                   COMMERCE OR THE MAILS ARE USED.

       Section 1201(a) of title 18, United States Code, is 
     amended--
       (1) by inserting before the semicolon at the end of 
     paragraph (1) the following: ``, without regard to whether 
     such person was alive when transported across a State 
     boundary if the person was alive when the transportation 
     began'';
       (2) by striking ``or'' at the end of paragraph (4); and
       (3) by inserting after paragraph (5) the following:
       ``(6) an individual travels in interstate or foreign 
     commerce in furtherance of the offense; or
       ``(7) the mail or a facility in interstate or foreign 
     commerce is used in furtherance of the offense;''.

     SEC. 2137. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR HIRE.

       Section 1958(a) of title 18, United States Code, is amended 
     by inserting ``or other felony crime of violence against the 
     person'' after ``murder''.

     SEC. 2138. CLARIFICATION OF INTERSTATE THREAT STATUTE TO 
                   COVER THREATS TO KILL.

       Subsections (b) and (c) of section 875 of title 18, United 
     States Code, and the second and third undesignated paragraphs 
     of sections 876 and 877 of title 18, United States Code, are 
     each amended by striking ``any threat to injure'' and 
     inserting ``any threat to kill or injure''.

     SEC. 2139. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION 
                   OF JUSTICE BY NOTIFICATION OF EXISTENCE OF A 
                   SUBPOENA FOR RECORDS IN CERTAIN TYPES OF 
                   INVESTIGATIONS.

       Section 1510(b)(3)(B) of title 18, United States Code, is 
     amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iii) the Controlled Substances Act (21 U.S.C. 801 et 
     seq.), the Controlled Substances Import and Export Act (21 
     U.S.C. 951 et seq.), or section 6050I of the Internal Revenue 
     Code of 1986; and
       ``(iv) section 286, 287, 669, 1001, 1027, 1035, 1341, 1343, 
     1347, 1518, or 1954 relating to a Federal health care 
     offense.''.

                       PART 4--GANG PARAPHERNALIA

     SEC. 2141. STREAMLINING PROCEDURES FOR LAW ENFORCEMENT ACCESS 
                   TO CLONE NUMERIC PAGERS.

       (a) Amendment to Chapter 206.--Chapter 206 of title 18, 
     United States Code, is amended--
       (1) in the chapter heading, by striking ``AND TRAP AND 
     TRACE DEVICES'' and inserting: ``TRAP AND TRACE DEVICES, AND 
     CLONE NUMERIC PAGERS'';
       (2) in section 3121--
       (A) in the section heading, by striking ``and trap and 
     trace device'' and inserting ``, trap and trace device, and 
     clone pager'';
       (B) in subsection (a)--
       (i) by striking ``or a trap and trace device'' each place 
     that term appears and inserting ``, a trap and trace device, 
     or a clone pager'';
       (ii) after ``3123'' by inserting ``or section 3129''; and
       (C) in subsections (b) and (c), by striking ``or trap and 
     trace device'' each place that term appears and inserting ``, 
     a trap and trade device or a cone pager'';
       (3) in section 3124--
       (A) in the section heading, by striking ``or a trap and 
     trace device'' and inserting ``, a trap and trace device, or 
     a clone pager'';
       (B) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (C) 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 a paging service or electronic communication 
     service shall furnish 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 chapter.'';
       (4) in section 3125--
       (A) in the section heading, by striking ``and trap and 
     trace device'' and inserting ``, trap and trace device, and 
     clone pager'';
       (B) in subsection (a)--
       (i) by striking ``or trap and trace device'' each place 
     that term appears and inserting ``, a trap and trace device, 
     or a clone pager''; and

[[Page S182]]

       (ii) 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 3123 or 
     section 3128 of this title''; and
       (C) in subsection (b), by adding at the end the following: 
     ``In the event such application for the use of a clone pager 
     is denied, or in any other case where 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).'';
       (5) in section 3126--
       (A) in the section heading, by striking ``and trap and 
     trace devices'' and inserting ``, trap and trace devices, and 
     clone pagers''; and
       (B) 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
       (6) in section 3127--
       (A) in paragraph (2), by striking ``pen register or a trap 
     and trace device'' and inserting ``pen register, a trap and 
     trace device, or a clone pager'';
       (B) by redesignating paragraphs (5) and (6) as paragraphs 
     (6) and (7), respectively; and
       (C) by inserting after paragraph (4) the following:
       ``(5) the term `clone pager' means a numeric display device 
     that receives transmissions intended for another numeric 
     display paging device.''.
       (b) Applications for Orders.--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) An 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) A State investigative or law enforcement officer may, 
     if authorized by State law, 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 identify of the attorney for the Government or 
     the State law enforcement or investigative officer making the 
     application and the identify of the law enforcement agency 
     conducting the investigation;
       ``(2) the identify, if known, of the person using the 
     numeric display paging device to be cloned;
       ``(3) a description of the numeric display paging device to 
     be cloned;
       ``(4) the identify, if known, of the person who is the 
     subject of the criminal investigation; and
       ``(5) an affidavit, sworn to before the court of competent 
     jurisdiction, establishing probable cause for belief 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 each individual 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 person who is the 
     subject of the criminal investigation; 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) An order issued 
     under this section shall authorize the use of a clone pager 
     for a period not to exceed 30 days.
       ``(2) Extensions of an order referred to in paragraph (1) 
     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). The period of extension 
     shall be for a period not to exceed 30 days.
       ``(3) Within a reasonable time after the termination of the 
     period of a clone pager order or any extensions thereof, the 
     applicant shall report to the issuing judge 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 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 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.--Within a reasonable time but not later 
     than 90 days after the termination of the period of a clone 
     pager order or any extensions thereof, the issuing judge 
     shall cause to be served, on each individual using the 
     numeric display paging device which was cloned, an inventory 
     including notice of--
       ``(1) the fact of the entry of the order or the 
     application;
       ``(2) the date of the entry and the period of clone pager 
     use authorized, or the denial of the application; and
       ``(3) whether or not information was obtained through the 
     use of the clone pager.

     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 section.''.
       (c) Conforming Amendment.--The analysis 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 item relating to section 3124 and 
     inserting the following:

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

       (3) by striking the item relating to section 3125 and 
     inserting the following:

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

       (4) by striking the item relating to section 3126 and 
     inserting the following:

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

     and
       (5) 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.''.

       (d) Conforming Amendments.--
       (1) 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, a trap and trace device, or a 
     clone pager (as those terms are defined for the purposes of 
     chapter 206 (relating to pen registers, trap and trace 
     devices, and clone pagers) of this title); or''.
       (2) Section 2510(12) of title 18, United States Code, is 
     amended--
       (A) in subparagraph (C), by striking ``or'' at the end;
       (B) by inserting ``or'' after subparagraph (D); and
       (C) by adding at the end the following:
       ``(E) any transmission made through a clone pager (as 
     defined in section 3127(5) of this title).''.
       (3) Section 705(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''.

     SEC. 2142. SENTENCING ENHANCEMENT FOR USING BODY ARMOR IN 
                   COMMISSION OF A FELONY.

       (a) Definitions.--In this section:
       (1) Body armor.--The term ``body armor'' means any product 
     sold or offered for sale 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; and
       (2) 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.
       (b) Sentencing Enhancement.--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 sentencing 
     enhancement for any offense in which the defendant used body 
     armor.
       (c) Consistency.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishment for substantially the same 
     offense.
       (d) Applicability.--No Federal sentencing guideline 
     amendment made under this section shall apply if the Federal 
     crime in which the body armor is used constitutes a violation 
     of, attempted violation of, or conspiracy to violate the 
     civil rights of a person by a law enforcement officer acting 
     under color of the authority of such law enforcement officer.

     SEC. 2143. SENTENCING ENHANCEMENT FOR USING LASER SIGHTING 
                   DEVICES IN COMMISSION OF A FELONY.

       (a) Definitions.--In this section--
       (1) the term ``firearm'' has the same meaning as in section 
     921 of title 18, United States Code; and
       (2) the term ``laser-sighting device'' includes any device 
     designed to be attached to a firearm that uses technology, 
     such as laser sighting, red-dot-sighting, night sighting,

[[Page S183]]

     telescopic sighting, or other similarly effective technology, 
     in order to enhance target acquisition.
       (b) Sentencing Enhancement.--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 sentencing 
     enhancement for any serious violent felony or serious drug 
     offense, as defined in section 3559 of title 18, United 
     States Code, in which the defendant--
       (1) possessed a firearm equipped with a laser-sighting 
     device; or
       (2) possessed a firearm and the defendant possessed a 
     laser-sighting device (capable of being readily attached to 
     the firearm).
       (c) Consistency.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishment for substantially the same 
     offense.

     SEC. 2144. GOVERNMENT ACCESS TO LOCATION INFORMATION.

       (a) Court Order Required.--Section 2703 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(g) Requirements for Disclosure of Location 
     Information.--A provider of mobile electronic communication 
     service shall provide to a governmental entity information 
     generated by and disclosing, on a real time basis, the 
     physical location of a subscriber's equipment only if the 
     governmental entity obtains a court order issued upon a 
     finding that there is probable cause to believe that an 
     individual using or possessing the subscriber equipment is 
     committing, has committed, or is about to commit a felony 
     offense.''.
       (b) Conforming Amendment.--Section 2703(c)(1)(B) of title 
     18, United States Code, is amended by inserting ``or wireless 
     location information covered by subsection (g) of this 
     section'' after ``(b) of this section''.

     SEC. 2145. LIMITATION ON OBTAINING TRANSACTIONAL INFORMATION 
                   FROM PEN REGISTERS OR TRAP AND TRACE DEVICES.

       Subsection 3123(a) of title 18, United States Code, is 
     amended to read as follows:
       ``(a) In General.--Upon an application made under section 
     3122, the court may enter an ex parte order--
       ``(1) authorizing the installation and use of a pen 
     register or a trap and trace device within the jurisdiction 
     of the court if the court finds, based on the certification 
     by the attorney for the Government or the State law 
     enforcement or investigative officer, that the information 
     likely to be obtained by such installation and use is 
     relevant to an ongoing criminal investigation; and
       ``(2) directing that the use of the pen register or trap 
     and trace device be conducted in such a way as to minimize 
     the recording or decoding of any electronic or other impulses 
     that are not related to the dialing and signaling information 
     utilized in call processing.''.

                 Subtitle B--Combating Money Laundering

     SEC. 2201. SHORT TITLE.

       This subtitle may be cited as the ``Money Laundering 
     Enforcement Act of 2001''.

     SEC. 2202. ILLEGAL MONEY TRANSMITTING BUSINESSES.

       (a) Civil Forfeiture for Money Transmitting Violation.--
     Section 981(a)(1)(A) of title 18, United States Code, is 
     amended by striking ``or 1957'' and inserting ``, 1957, or 
     1960''.
       (b) Scienter Requirement for Section 1960 Violation.--
     Section 1960 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(c) Scienter Requirement.--For the purposes of proving a 
     violation of this section involving an illegal money 
     transmitting business--
       ``(1) it shall be sufficient for the Government to prove 
     that the defendant knew that the money transmitting business 
     lacked a license required by State law; and
       ``(2) it shall not be necessary to show that the defendant 
     knew that the operation of such a business without the 
     required license was an offense punishable as a felony or 
     misdemeanor under State law.''.

     SEC. 2203. RESTRAINT OF ASSETS OF PERSONS ARRESTED ABROAD.

       Section 981(b) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(3) Restraint of Assets.--
       ``(A) In general.--If any person is arrested or charged in 
     a foreign country in connection with an offense that would 
     give rise to the forfeiture of property in the United States 
     under this section or under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Attorney General may apply to any 
     Federal judge or magistrate judge in the district in which 
     the property is located for an ex parte order restraining the 
     property subject to forfeiture for not more than 30 days, 
     except that the time may be extended for good cause shown at 
     a hearing conducted in the manner provided in Rule 43(e) of 
     the Federal Rules of Civil Procedure.
       ``(B) Application.--An application for a restraining order 
     under subparagraph (A) shall--
       ``(i) set forth the nature and circumstances of the foreign 
     charges and the basis for belief that the person arrested or 
     charged has property in the United States that would be 
     subject to forfeiture; and
       ``(ii) contain a statement that the restraining order is 
     needed to preserve the availability of property for such time 
     as is necessary to receive evidence from the foreign country 
     or elsewhere in support of probable cause for the seizure of 
     the property under this subsection.''.

     SEC. 2204. CIVIL MONEY LAUNDERING JURISDICTION OVER FOREIGN 
                   PERSONS.

       Section 1956(b) of title 18, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting each 
     subparagraph appropriately;
       (2) by striking ``(b) Whoever'' and inserting the 
     following:
       ``(b) Civil Penalties.--
       ``(1) In general.--Whoever''; and
       (3) by adding at the end the following:
       ``(2) Jurisdiction.--For purposes of adjudicating an action 
     filed or enforcing a penalty ordered under this section, the 
     district courts of the United States shall have jurisdiction 
     over any foreign person, including any financial institution 
     authorized under the laws of a foreign country, that commits 
     an offense under subsection (a) involving a financial 
     transaction that occurs in whole or in part in the United 
     States, if service of process upon such foreign person is 
     made in accordance with the Federal Rules of Civil Procedure 
     or the laws of the foreign country in which the foreign 
     person is found.
       ``(3) Satisfaction of judgment.--In any action described in 
     paragraph (2), the court may issue a pretrial restraining 
     order or take any other action necessary to ensure that any 
     bank account or other property held by the defendant in the 
     United States is available to satisfy a judgment under this 
     section.''.

     SEC. 2205. PUNISHMENT OF LAUNDERING MONEY THROUGH FOREIGN 
                   BANKS.

       Section 1956(c)(6) of title 18, United States Code, is 
     amended to read as follows:
       ``(6) the term `financial institution' includes--
       ``(A) any financial institution described in section 
     5312(a)(2) of title 31, or the regulations promulgated 
     thereunder; and
       ``(B) any foreign bank, as defined in section 1(b)(7) of 
     the International Banking Act of 1978 (12 U.S.C. 3101(7));''.

     SEC. 2206. ADDITION OF SERIOUS FOREIGN CRIMES TO LIST OF 
                   MONEY LAUNDERING PREDICATES.

       (a) In General.--Section 1956(c)(7) of title 18, United 
     States Code, is amended--
       (1) in subparagraph (B)--
       (A) by striking clause (ii) and inserting the following:
       ``(ii) any act or acts constituting a crime of violence;''; 
     and
       (B) by adding at the end the following:
       ``(iv) fraud, or any scheme to defraud, committed against a 
     foreign government or foreign governmental entity;
       ``(v) bribery of a public official, or the 
     misappropriation, theft, or embezzlement of public funds by 
     or for the benefit of a public official;
       ``(vi) smuggling or export control violations involving 
     munitions listed in the United States Munitions List or 
     technologies with military applications as defined in the 
     Commerce Control List of the Export Administration 
     Regulations; or
       ``(vii) an offense with respect to which the United States 
     would be obligated by a multilateral treaty either to 
     extradite the alleged offender or to submit the case for 
     prosecution, if the offender were found within the territory 
     of the United States;'';
       (2) in subparagraph (D)--
       (A) by inserting ``section 541 (relating to goods falsely 
     classified),'' before ``section 542'';
       (B) by inserting ``section 922(l) (relating to the unlawful 
     importation of firearms), section 924(m) (relating to 
     firearms trafficking),'' before ``section 956'';
       (C) by inserting ``section 1030 (relating to computer fraud 
     and abuse),'' before ``1032''; and
       (D) by inserting ``any felony violation of the Foreign 
     Agents Registration Act of 1938 (22 U.S.C. 611 et seq.),'' 
     before ``or any felony violation of the Foreign Corrupt 
     Practices Act''; and
       (3) in subparagraph (E), by inserting ``the Clean Air Act 
     (42 U.S.C. 6901 et seq.),'' after ``the Safe Drinking Water 
     Act (42 U.S.C. 300f et seq.),''.

     SEC. 2207. CRIMINAL FORFEITURE FOR MONEY LAUNDERING 
                   CONSPIRACIES.

       Section 982(a)(1) of title 18, United States Code, is 
     amended by inserting ``or a conspiracy to commit any such 
     offense,'' after ``of this title,''.

     SEC. 2208. FUNGIBLE PROPERTY IN FOREIGN BANK ACCOUNTS.

       Section 984(d) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(3) In this subsection, the term `financial institution' 
     includes a foreign bank, as defined in section 1(b)(7) of the 
     International Banking Act of 1978 (12 U.S.C. 3101(7)).''.

     SEC. 2209. ADMISSIBILITY OF FOREIGN BUSINESS RECORDS.

       (a) In General.--Chapter 163 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2467. Foreign records

       ``(a) Definitions.--In this section--
       ``(1) the term `business' includes business, institution, 
     association, profession, occupation, and calling of every 
     kind whether or not conducted for profit;
       ``(2) the term `foreign certification' means a written 
     declaration made and signed in a foreign country by the 
     custodian of a record

[[Page S184]]

     of regularly conducted activity or another qualified person, 
     that if falsely made, would subject the maker to criminal 
     penalty under the law of that country;
       ``(3) the term `foreign record of regularly conducted 
     activity' means a memorandum, report, record, or data 
     compilation, in any form, of acts, events, conditions, 
     opinions, or diagnoses, maintained in a foreign country; and
       ``(4) the term `official request' means a letter rogatory, 
     a request under an agreement, treaty or convention, or any 
     other request for information or evidence made by a court of 
     the United States or an authority of the United States having 
     law enforcement responsibility, to a court or other authority 
     of a foreign country.
       ``(b) Admissibility.--In a civil proceeding in a court of 
     the United States, including a civil forfeiture proceeding 
     and a proceeding in the United States Claims Court and the 
     United States Tax Court, unless the source of information or 
     the method or circumstances of preparation indicate lack of 
     trustworthiness, a foreign record of regularly conducted 
     activity (or a duplicate of such record), obtained pursuant 
     to an official request, shall not be excluded as evidence by 
     the hearsay rule if a foreign certification, also obtained 
     pursuant to the same official request or subsequent official 
     request that adequately identifies such foreign record, 
     attests that--
       ``(1) the foreign record was made, at or near the time of 
     the occurrence of the matters set forth, by (or from 
     information transmitted by) a person with knowledge of those 
     matters;
       ``(2) the foreign record was kept in the course of a 
     regularly conducted business activity;
       ``(3) the business activity made such a record as a regular 
     practice; and
       ``(4) if the foreign record is not the original, the record 
     is a duplicate of the original.
       ``(c) Foreign Certification.--A foreign certification under 
     this section shall authenticate a record or duplicate 
     described in subsection (b).
       ``(d) Notice.--
       ``(1) In general.--As soon as practicable after a 
     responsive pleading has been filed, a party intending to 
     offer in evidence under this section a foreign record of 
     regularly conducted activity shall provide written notice of 
     that intention to each other party.
       ``(2) Opposition.--A motion opposing admission in evidence 
     of a record under paragraph (1) shall be made by the opposing 
     party and determined by the court before trial. Failure by a 
     party to file such motion before trial shall constitute a 
     waiver of objection to such record, except that the court for 
     cause shown may grant relief from the waiver.''.
       (b) Conforming Amendment.--The analysis for chapter 163 of 
     title 28, United States Code, is amended by adding at the end 
     the following:

``2467. Foreign records.''.

     SEC. 2210. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.

       Section 1956(h) of title 18, United States Code, is 
     amended--
       (1) by striking ``(h) Any person'' and inserting the 
     following:
       ``(h) Conspiracy; Multiple Violations.--
       ``(1) Conspiracy.--Any person''; and
       (2) by adding at the end the following:
       ``(2) Multiple violations.--Any person who commits multiple 
     violations of this section or section 1957 that are part of 
     the same scheme or continuing course of conduct may be 
     charged, at the election of the Government, in a single count 
     in an indictment or information.''.

     SEC. 2211. VENUE IN MONEY LAUNDERING CASES.

       Section 1956 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(i) Venue.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     prosecution for an offense under this section or section 1957 
     may be brought in any district in which the financial or 
     monetary transaction is conducted, or in which a prosecution 
     for the underlying specified unlawful activity could be 
     brought, if the defendant participates in the transfer of the 
     proceeds of the specified unlawful activity from that 
     district to the district where the financial or monetary 
     transaction is conducted.
       ``(2) Exception.--A prosecution for an attempt or 
     conspiracy offense under this section or section 1957 may be 
     brought in the district in which venue would lie for the 
     completed offense under paragraph (1), or in any other 
     district in which an act in furtherance of the attempt or 
     conspiracy took place.''.

     SEC. 2212. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY 
                   FOR CERTAIN MONEY LAUNDERING OFFENSES.

       Section 2516(1)(g) of title 18, United States Code, is 
     amended by striking ``of title 31, United States Code 
     (dealing with the reporting of currency transactions)'' and 
     inserting ``or 5324 of title 31 (dealing with the reporting 
     and illegal structuring of currency transactions)''.

     SEC. 2213. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI-MONEY 
                   LAUNDERING ORDERS.

       (a) Reporting Violations.--Section 5324(a) of title 31, 
     United States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     or the reporting requirements imposed by an order issued 
     pursuant to section 5326'' after ``any such section''; and
       (2) in each of paragraphs (1) and (2), by inserting ``, or 
     a report required under any order issued pursuant to section 
     5326'' before the semicolon.
       (b) Penalties.--Sections 5321(a)(1), 5322(a), and 5322(b) 
     of title 31, United States Code, are each amended by 
     inserting ``or order issued'' after ``or a regulation 
     prescribed'' each place that term appears.

     SEC. 2214. ENCOURAGING FINANCIAL INSTITUTIONS TO NOTIFY LAW 
                   ENFORCEMENT AUTHORITIES OF SUSPICIOUS FINANCIAL 
                   TRANSACTIONS.

       (a) In General.--Section 2702(b)(6) of title 18, United 
     States Code, is amended--
       (1) by inserting ``or supervisory agency'' after ``a law 
     enforcement agency'';
       (2) in subparagraph (A), by striking ``; and'' and 
     inserting ``and appear to pertain to the commission of the 
     crime; or''; and
       (3) in subparagraph (B), by striking ``appear to pertain to 
     the commission of the crime.'' and inserting ``appear to 
     reveal a suspicious transaction relevant to a possible 
     violation of law or regulation.''
       (b) Definitions.--Section 2711 of title 18, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) the terms `suspicious transaction' and `relevant to a 
     possible violation of the law or regulation' shall be 
     interpreted in the same manner as those terms have been 
     interpreted for purposes of section 5318(g) of title 31; and
       ``(4) the term `supervisory agency' has the meaning given 
     the term in section 1101(7) of the Right to Financial Privacy 
     Act of 1978.''.

     SEC. 2215. COVERAGE OF FOREIGN BANK BRANCHES IN THE 
                   TERRITORIES.

       Section 20(9) of title 18, United States Code, is amended 
     by inserting before the period the following: ``, except that 
     for purposes of this section the definition of the term 
     `State' in such Act shall be deemed to include a 
     commonwealth, territory, or possession of the United 
     States''.

     SEC. 2216. CONFORMING STATUTE OF LIMITATIONS AMENDMENT FOR 
                   CERTAIN BANK FRAUD OFFENSES.

       Section 3293 of title 18, United States Code, is amended--
       (1) by inserting ``225,'' after ``215,''; and
       (2) by inserting ``1032,'' before ``1033''.

     SEC. 2217. JURISDICTION OVER CERTAIN FINANCIAL CRIMES 
                   COMMITTED ABROAD.

       Section 1029 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(h) Jurisdiction Over Certain Financial Crimes Committed 
     Abroad.--Any person who, outside the jurisdiction of the 
     United States, engages in any act that, if committed within 
     the jurisdiction of the United States, would constitute an 
     offense under subsection (a) or (b), shall be subject to the 
     same penalties as if that offense had been committed in the 
     United States, if the act--
       ``(1) involves an access device issued, owned, managed, or 
     controlled by a financial institution, account issuer, credit 
     card system member, or other entity within the jurisdiction 
     of the United States; and
       ``(2) causes, or if completed would have caused, a transfer 
     of funds from or a loss to an entity listed in paragraph 
     (1).''.

     SEC. 2218. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A 
                   FELONY.

       Section 1956(c)(1) of title 18, United States Code, is 
     amended by inserting ``, and regardless of whether or not the 
     person knew that the activity constituted a felony'' before 
     the semicolon at the end.

     SEC. 2219. MONEY LAUNDERING TRANSACTIONS; COMMINGLED 
                   ACCOUNTS.

       (a) Section 1956.--Section 1956 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(i) A transaction, transportation, transmission, or 
     transfer of funds shall be considered for the purposes of 
     this section to be one involving the proceeds of specified 
     unlawful activity, or property represented to be the proceeds 
     of specified unlawful activity, if the transaction, 
     transportation, transmission, or transfer involves--
       ``(1) funds directly traceable to the specified unlawful 
     activity, or represented to be directly traceable to the 
     specified unlawful activity;
       ``(2) a bank account in which the proceeds of specified 
     unlawful activity, or property represented to be the proceeds 
     of specified unlawful activity, have been commingled with 
     other funds; or
       ``(3) 2 or more bank accounts, where the proceeds of 
     specified unlawful activity, or property represented to be 
     the proceeds of specified unlawful activity, are deposited 
     into 1 bank account and there is a contemporaneous, related 
     withdrawal from, or debit to, another bank account controlled 
     by the same person, or by a person acting in concert with 
     that person.''.
       (b) Section 1957.--Section 1957(f) of title 18, United 
     States Code, is amended by inserting after paragraph (3) the 
     following:
       ``(4) the term `monetary transaction in criminally derived 
     property that is of a value greater than $10,000' includes--
       ``(A) a monetary transaction involving the transfer, 
     withdrawal, encumbrance or other disposition of more than 
     $10,000 from a bank account in which more than $10,000 in 
     proceeds of specified unlawful activity have been commingled 
     with other funds;
       ``(B) a series of monetary transactions in amounts under 
     $10,000 that exceed $10,000 in the aggregate and that are 
     closely related to

[[Page S185]]

     each other in terms of time, the identity of the parties 
     involved, the nature of the transactions and the manner in 
     which they are conducted; and
       ``(C) any financial transaction described in section 
     1956(i)(3) that involves more than $10,000 in proceeds of 
     specified unlawful activity.''.
       (c) Technical Amendment.--Section 1956(c)(7)(F) of title 
     18, United States Code, is amended by inserting ``, as 
     defined in section 24'' before the period.

     SEC. 2220. LAUNDERING THE PROCEEDS OF TERRORISM.

       Section 1956(c)(7)(D) of title 18, United States Code, is 
     amended by inserting ``or 2339B'' after ``2339A''.

     SEC. 2221. VIOLATIONS OF SECTION 6050I.

       Sections 981(a)(1)(A) and 982(a)(1) of title 18, United 
     States Code, are amended by inserting ``, or of section 6050I 
     of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 6050I)'' 
     after ``of title 31''.

     SEC. 2222. INCLUDING AGENCIES OF TRIBAL GOVERNMENTS IN THE 
                   DEFINITION OF A FINANCIAL INSTITUTION.

       Section 5312(a)(2)(W) of title 31, United States Code, is 
     amended by striking ``State or local'' and inserting ``State, 
     local or tribal''.

     SEC. 2223. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING 
                   ORDERS AND CERTAIN RECORDKEEPING REQUIREMENTS.

       (a) Civil Penalty for Violation of Targeting Order.--
     Section 5321(a)(1) of title 31, United States Code, is 
     amended--
       (1) by inserting ``or order issued'' after ``subchapter or 
     a regulation prescribed''; and
       (2) by inserting A, or willfully violating a regulation 
     prescribed under section 21 of the Federal Deposit Insurance 
     Act or section 123 of Public Law 91-508,'' after ``section 
     5314 and 5315)''.
       (b) Criminal Penalties for Violation of Targeting Order.--
     Section 5322 of title 31, United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``or order issued'' after ``willfully 
     violating this subchapter or a regulation prescribed''; and
       (B) by inserting ``or willfully violating a regulation 
     prescribed under section 21 of the Federal Deposit Insurance 
     Act or section 123 of Public Law 91-508,'' after ``under 
     section 5315 or 5324),'';
       (2) in subsection (b)--
       (A) by inserting ``or order issued'' after ``willfully 
     violating this subchapter or a regulation prescribed''; and
       (B) by inserting ``willfully violating a regulation 
     prescribed under section 21 of the Federal Deposit Insurance 
     Act or section 123 of Public Law 91-508,'' after ``under 
     section 5315 or 5324),'';
       (c) Structuring Transactions To Evade Targeting Order or 
     Certain Recordkeeping Requirements.--Section 5324 of title 
     31, United States Code, is amended--
       (1) in the title by inserting ``or recordkeeping'' after 
     ``reporting''.
       (2) in subsection (a)--
       (A) by inserting a comma after ``shall'';
       (B) by striking ``section--'' and inserting ``section, the 
     reporting or recordkeeping requirements imposed by any order 
     issued under section 5326, or the recordkeeping requirements 
     imposed by any regulation prescribed under section 21 of the 
     Federal Deposit Insurance Act or section 123 of Public Law 
     91-508--'';
       (C) in paragraphs (1) and (2), by inserting ``, to file a 
     report or maintain a record required by any order issued 
     under section 5326, or to maintain a record required pursuant 
     to any regulation prescribed under section 21 of the Federal 
     Deposit Insurance Act or section 123 of Public Law 91-508'' 
     after ``regulation prescribed under any such section'' each 
     place that term appears.

                    Subtitle C--Antidrug Provisions

     SEC. 2301. AMENDMENTS CONCERNING TEMPORARY EMERGENCY 
                   SCHEDULING.

       Section 201(h) of the Controlled Substances Act (21 U.S.C. 
     811(h)) is amended to read as follows:
       ``(h) Temporary Scheduling To Avoid Imminent Hazards to 
     Public Safety.--
       ``(1) In general.--If the Attorney General finds that the 
     control of a substance on a temporary basis is necessary to 
     avoid an imminent hazard to the public safety, the Attorney 
     General may, by order and without regard to the requirements 
     of subsection (b) of this section relating to the Secretary 
     of Health and Human Services, and without regard to the 
     findings required under section 202(b) (21 U.S.C. 812(b)), 
     temporarily schedule such substance in accordance with this 
     subsection if no approval is in effect for the substance 
     under section 505(i) of the Federal Food, Drug, and Cosmetic 
     Act (hereafter in this subsection referred to as the FDC Act) 
     (21 U.S.C. 355(i)).
       ``(A) If the substance is not contained in a drug for which 
     an investigational new drug exemption is in effect under 
     section 505(i) of the FDC Act, the temporary scheduling order 
     shall place such substance in schedule I.
       ``(B) If the substance is contained in a drug for which an 
     investigational new drug exemption is in effect under section 
     505(i) of the FDC Act, the temporary scheduling order shall 
     place such substance in schedule II, subject to the 
     conditions set forth in paragraph (6) of this subsection.
       ``(C) A temporary scheduling order, or order renewing such 
     order, may not take effect before the expiration of thirty 
     days from--
       ``(i) the date of the publication by the Attorney General 
     of a notice in the Federal Register of the intention to issue 
     such order and the grounds upon which such order is to be 
     issued; and
       ``(ii) the date the Attorney General has transmitted the 
     notice required by paragraph (4).
       ``(2) Duration of temporary scheduling; renewal of 
     orders.--
       ``(A) A temporary scheduling order issued under 
     subparagraph (1)(A) of this subsection shall expire at the 
     end of one year from the effective date of the order, except 
     that the Attorney General may, during the pendency of 
     proceedings under subsection (a)(1) of this section with 
     respect to the substance, extend the temporary scheduling 
     order for up to six months.
       ``(B) A temporary scheduling order issued under 
     subparagraph (1)(B) of this subsection shall expire at the 
     end of 18 months from the effective date of the order, except 
     that, if the Attorney General determines that continuation of 
     the temporary scheduling order is necessary to avoid an 
     imminent hazard to the public safety, the Attorney General 
     may issue a renewal order, 30 days prior to expiration of 
     the temporary scheduling order, extending the original 
     order for an additional 18 months, provided the following 
     conditions are met--
       ``(i) an exemption with respect to such substance remains 
     in effect under section 505(i) of the FDC Act; and--
       ``(ii) the holder of such exemption is actively pursuing 
     the clinical investigation of the substance.

     The Secretary shall certify to the Attorney General whether 
     or not each of conditions (i) and (ii) continue to be met no 
     later than 90 days prior to the date on which the temporary 
     scheduling order is scheduled to a expire. As long as both 
     conditions continue to be met, the Attorney General may, 
     every 18 months, continue to issue orders renewing the 
     temporary scheduling of a particular substance. If either of 
     the foregoing conditions are no longer met for a particular 
     substance, the temporary scheduling of that substance may not 
     be renewed and shall expire 12 months after the date on which 
     such condition fails to be met, except that the Attorney 
     General may, during the pendency of proceedings under 
     subsection (a)(l) of this section with respect to the 
     substance, extend the temporary scheduling for an additional 
     six months.
       ``(3) Factors determinative of temporary scheduling.--When 
     issuing an order under paragraph (1), the Attorney General 
     shall be required to consider, with respect to the finding of 
     an imminent hazard to the public safety, only those factors 
     set forth in paragraphs (4), (5), and (6) of subsection (c) 
     of this section, including actual abuse, diversion from 
     legitimate channels, and clandestine importation, 
     manufacture, or distribution.
       ``(4) Consultation with the secretary of health and human 
     services.--The Attorney General shall transmit notice of an 
     order proposed to be issued under paragraph (1) to the 
     Secretary of Health and Human Services. In issuing an order 
     under paragraph (1), the Attorney General shall take into 
     consideration any comments submitted by the Secretary in 
     response to a notice transmitted pursuant to this paragraph.
       ``(5) Effect of permanent scheduling proceedings.--An order 
     issued under paragraph (1) with respect to a substance shall 
     be vacated upon the conclusion of a subsequent rule making 
     proceeding initiated under subsection (a) of this section 
     with respect to such substance.
       ``(6) Special rules applicable to temporarily scheduled 
     investigational drugs.--
       (A) In the case of a substance that is temporarily 
     scheduled under subparagraph (l)(B) of this subsection that 
     was controlled under this subchapter prior to its temporary 
     scheduling, any person who manufactures, distributes, 
     dispenses, possesses, or uses such substance within the scope 
     of the exemption under section 505(i) of the FDC Act shall be 
     subject to the same requirements of this subchapter that were 
     in effect prior to the temporary scheduling.
       ``(B) In the case of a substance that is temporarily 
     scheduled under subparagraph (l)(B) of this subsection that 
     was not controlled under this subchapter prior to its 
     temporary scheduling, any person who manufactures, 
     distributes, dispenses, possesses, or uses such substance 
     within the scope of the exemption under section 505(i) of the 
     FDC Act shall not be required to comply with the requirements 
     of part C of this subchapter, except as provided in this 
     paragraph--
       ``(i) Such person shall be subject to sections 302, 303, 
     and 304 (21 U.S.C. 822, 823, and 824), relating to 
     registration.
       ``(ii) Compliance with applicable record keeping and 
     reporting requirements of the FDC Act, as determined by the 
     Secretary, shall constitute compliance with section 307 (21 
     U.S.C. 827). A violation of such requirements shall 
     constitute a violation of section 307 and shall subject a 
     violator to applicable penalties under Part D of this 
     subchapter, in addition to any other penalties provided by 
     law. Records or documents required to be kept for such 
     purposes under the FDC Act shall be deemed records or 
     documents required under this subchapter, and places where 
     such records or documents are kept or required to be kept 
     shall be deemed controlled premises for purposes of 
     administrative inspections and warrants under section 510 (21 
     U.S.C. 880).

[[Page S186]]

       ``(iii) A registrant handling an investigational drug that 
     has been temporarily scheduled under this section shall be 
     subject to the requirements established under section 307(f), 
     relating to procedures necessary to insure the security and 
     accountability of controlled substances used in research and 
     to prevent theft or diversion of the drug into illegal 
     channels of distribution.
       ``(C) Each person that is a sponsor of an investigation of 
     a new drug for which a research exemption is in effect under 
     section 505(i) of the FDC Act with respect to such substance 
     shall be required to certify to the Secretary of Health and 
     Human Services, by one month after the effective date of the 
     temporary scheduling order with respect to the substance, and 
     by the end of each succeeding six month period, that such 
     person is able to account for the location and use of all 
     quantities of such substance that are or have been 
     manufactured, distributed, dispensed, possessed, or used 
     under such exemption on or before the date of such 
     certification.
       ``(D) In the case of a substance that is temporarily 
     scheduled under subparagraph (1)(B) of this subsection, the 
     disclosure of the existence of an exemption under section 
     505(i) of the FDC Act with respect to such substance shall 
     not be considered to be disclosure prohibited by section 
     301(j) of the FDC Act or section 1905 of title 18 of the 
     United States Code.
       ``(E) The manufacture, possession, distribution, or use of 
     such substance within the scope of such exception shall not 
     be subject to any requirements or penalty under State or 
     local law more stringent than the provisions of this chapter 
     or other applicable Federal law.
       ``(7) Judicial review.--An order issued under paragraph (1) 
     is not subject to judicial review, except that a renewal 
     order issued under subparagraph (2)(B) of this subsection is 
     subject to judicial review in accordance with section 507 (21 
     U.S.C. 877).''.

     SEC. 2302. AMENDMENT TO REPORTING REQUIREMENT FOR 
                   TRANSACTIONS INVOLVING CERTAIN LISTED 
                   CHEMICALS.

       Section 310(b)(3) of the Controlled Substances Act (21 
     U.S.C. 830(b)(3)) is amended by--
       (1) redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C);
       (2) inserting a new subparagraph (A) as follows:
       ``(A) As used in this section, the term `drug product' 
     means a pharmaceutical substance in dosage form that has been 
     approved under the Food, Drug and Cosmetic Act for 
     distribution in the United States.'';
       (3) in the redesignated (B) by inserting ``or who engages 
     in an export transaction'' after ``nonregulated person''; and
       (4) adding at the end the following--
       ``(D) Except as provided in subparagraph (E), the following 
     distributions to a nonregulated person and the following 
     export transactions shall not be subject to the reporting 
     requirement established in subparagraph (B):
       ``(i) distributions of sample packages of drug products 
     when such packages contain not more than 2 solid dosage units 
     or the equivalent of 2 dosage units in liquid form, not to 
     exceed 10 milliliters of liquid per package, and not more 
     than one package is distributed to an individual or 
     residential address in any 30-day time period;
       ``(ii) distributions of drug products by retail 
     distributors to the extent that such distributions are 
     consistent with the activities authorized for a 
     retail distributor as set out in section 102(46) of this 
     title;
       ``(iii) distributions of drug products to a resident of a 
     Long Term Care Facility (as that term is defined in the 
     regulations of the Attorney General) or distributions of drug 
     products to a Long Term Care Facility for dispensing to or 
     for use by a resident of that facility;
       ``(iv) distributions of drug products pursuant to a valid 
     prescription (as used in this section, the term `valid 
     prescription' is one which is issued for a legitimate medical 
     purpose by individual practitioner licensed by law to 
     administer and prescribe such drugs and acting in the usual 
     course of his/her professional practice);
       ``(v) exports which have been reported to the Attorney 
     General pursuant to section 1004 or 1018 of title III or 
     which are subject to a waiver granted under section 
     1018(e)(2) of title III; and
       ``(vi) any quantity, method or type of distribution or any 
     quantity, method or type of distribution of a specific listed 
     chemical (including specific formulations or drug products) 
     or of a group of listed chemicals (including specific 
     formulations or drug products) which the Attorney General has 
     excluded by regulation from this reporting requirement on the 
     basis that such reporting is not necessary to the enforcement 
     of this title or title III.
       ``(E) The Attorney General may revoke any or all of the 
     exemptions listed in (C) for an individual regulated person 
     if he finds that drug products distributed by that person are 
     being used in violation of this title or title III. The 
     regulated person shall be notified of this revocation, which 
     will be effective upon receipt by the regulated person of 
     such notice, as provided in section 1018(c)(1) of title III 
     and has the right to an expedited hearing as provided in 
     section 1018(c)(2) of title III.''.

     SEC. 2303. DRUG PARAPHERNALIA.

       (a) In General.--Section 422(d) of the Controlled 
     Substances Act (21 U.S.C. 863(d)) is amended by inserting 
     ``packaging,'' after ``concealing,''.
       (b) Determination of Drug Paraphernalia.--Section 422(e)(4) 
     of the Controlled Substances Act (21 U.S.C. 863(e)(4)) is 
     amended by adding the following after ``sale'': ``including, 
     but not limited to, whether the item displays any name brand, 
     insignia or other indicator which is associated with illegal 
     drugs or which is used to advertise or identify an illegal 
     drug''.
       (c) Clerical Amendments.--(1) Section 511(a)(10) of the 
     Controlled Substances Act (21 U.S.C. 881(a)(10)) is amended 
     by striking all after ``as defined in'' and inserting 
     ``section 422 of this title.''.
       (2) Section 422 of the Controlled Substances Act (21 U.S.C. 
     881(a)(10)) is amended--
       (A) by deleting subsection (c); and
       (B) by redesignating subsections (d), (e), and (f) as 
     subsections (c), (d), and (e), respectively.

     SEC. 2304. COUNTERFEIT SUBSTANCES/IMITATION CONTROLLED 
                   SUBSTANCES.

       (a) Section 102(7) of the Controlled Substances Act (21 
     U.S.C. 802(7)) is amended by--
       (1) inserting ``(A)'' after ``(7)'';
       (2) designating the text after ``a controlled substance'' 
     as clause (i);
       (3) inserting ``characteristic,'' after ``number,'';
       (4) striking the period at the end and inserting a 
     semicolon; and
       (5) adding at the end the following:
       ``(ii) which falsely purports or is represented to be a 
     different controlled substance; or
       ``(iii) which is manufactured or designed in such a manner, 
     or is distributed, dispensed, or otherwise transferred under 
     such circumstances, such that a reasonable person would 
     believe that the substance is a different controlled 
     substance.
       ``(B) The term `imitation controlled substance' means a 
     substance, which is not a controlled substance, that is 
     represented (expressly or by implication) to be a controlled 
     substance.
       ``(C) The term `imitation controlled substance' does not 
     include a placebo which is directly applied to the body of a 
     research subject or a patient or which is delivered to a 
     research subject or a person for his own use, by, or pursuant 
     to the order of, a practitioner for a lawful purpose.''.
       (b) Section 102(8) of the Controlled Substances Act (21 
     U.S.C. 802(8)) is amended by inserting ``, an imitation 
     controlled substance,'' after ``controlled substance''.
       (c) Section 102(11) of the Controlled Substances Act (21 
     U.S.C. 802(11)) is amended by--
       (1) inserting ``to deliver an imitation controlled 
     substance or'' after ``controlled substance or'' in the first 
     sentence; and
       (2) inserting ``, an imitation controlled substance,'' 
     after ``controlled substance'' in the second sentence.
       (d) Section 102(44) of the Controlled Substances Act (21 
     U.S.C. 802(44)) is amended by--
       (1) striking ``or'' after ``marihuana,''; and
       (2) inserting ``, anabolic agents, or listed chemicals, or 
     an offense that is punishable by imprisonment for more than 
     one year under any provision of this title or title III'' 
     after ``stimulant substances''.
       (e) Section 401(a) of the Controlled Substances Act (21 
     U.S.C. 841(a)) is amended by--
       (1) striking ``or'' at the end of paragraph (1);
       (2) striking ``create'' in paragraph (2) and inserting 
     ``manufacture'';
       (3) inserting ``manufacture,'' after ``intent to'' in 
     paragraph (2);
       (4) striking the period at the end of paragraph (2) and 
     inserting ``; or'' ; and
       (5) adding at the end the following paragraph:
       ``(3) to manufacture, distribute, or dispense, or possess 
     with intent to manufacture, distribute or dispense, an 
     imitation controlled substance.''.
       (f) Section 401(b) of the Controlled Substances Act (21 
     U.S.C. 841(b) is amended by redesignating paragraphs (4) 
     through (7) as paragraphs (6) through (9) and inserting after 
     paragraph (3) the following:
       ``(4)(A) In the case of a counterfeit substance, such 
     person shall be sentenced in accordance with this section 
     based on the controlled substance which the counterfeit 
     substance is represented to be or based on the controlled 
     substance which is actually contained in the counterfeit 
     substance, whichever provides the greater sentence.
       ``(B) Paragraph (5)(B) of this subsection may be applied to 
     make a determination that a controlled substance is a 
     counterfeit substance.
       ``(5)(A) In the case of an imitation controlled substance, 
     such person shall be sentenced to a term of imprisonment or a 
     fine, or both, which does not exceed one-half of the maximum 
     term of imprisonment and fine which would apply under this 
     section to the controlled substance which the imitation 
     controlled substance is represented to be. The minimum period 
     of supervised release for such person shall be one-half of 
     that which would apply under this section to the controlled 
     substance which the imitation controlled substance is 
     represented to be.
       ``(B) In the case of a violation of this title or title III 
     involving an imitation controlled substance, the following 
     provisions shall apply:

[[Page S187]]

       ``(i) The trier of fact may consider the following factors 
     in addition to any other factor that may be relevant for 
     purposes of determining whether a substance was an imitation 
     controlled substance. The presence of any two of the 
     following factors shall be prima facie evidence that the 
     substance was an imitation controlled substance; however, the 
     presence of two factors is not required for a determination 
     that a substance is an imitation controlled substance:
       ``(I) The person in control of the substance expressly or 
     impliedly represents that the substance is a controlled 
     substance or has the effect of a controlled substance;
       ``(II) The person in control of the substance expressly or 
     impliedly represents that the substance because of its nature 
     or appearance can be sold, delivered or used as a controlled 
     substance or as a substitute for a controlled substance;
       ``(III) The person in control of the substance utilizes 
     evasive tactics or actions to avoid detection by law 
     enforcement authorities or other authorities such as school 
     authorities;
       ``(IV) The physical appearance of the substance is, or is 
     designed to be, substantially identical to a specific 
     controlled substance. This may be determined by such factors 
     as color, shape, size, markings, taste, odor, consistency, 
     packaging, labeling, or other identifying characteristics;
       ``(V) The substance is packaged or distributed in a manner 
     normally used for the illegal distribution of controlled 
     substances; or
       ``(VI) The distribution or attempted distribution includes 
     an exchange or demand for money or other property as 
     consideration, and the amount of the consideration is 
     substantially greater than the reasonable retail market value 
     of the substance.
       ``(ii) It shall not constitute a defense that the accused 
     believed the imitation controlled substance to actually be a 
     controlled substance.''.
       (g) Section 403 of the Controlled Substances Act (21 U.S.C. 
     843) is amended--
       (1) in paragraph (a)(2), by inserting ``or list I 
     chemical'' after ``controlled substance'' each place it 
     appears;
       (2) in paragraph (a)(3), by inserting ``or a laboratory 
     supply (as defined in section 402(a) of this title)'' after 
     ``controlled substance''; and
       (3) in paragraph (a)(5) by--
       (A) inserting ``or substance'' after ``drug'' both places 
     it appears; and
       (B) inserting ``or an imitation controlled substance'' 
     after ``counterfeit substance''.
       (h) Section 506(a) of the Controlled Substances Act (21 
     U.S.C. 876(a)) is amended by inserting ``, imitation 
     controlled substances,'' after ``controlled substances''.
       (i) Section 509 of the Controlled Substances Act (21 U.S.C. 
     879) is amended by inserting ``imitation controlled 
     substances, or listed chemicals'' after ``controlled 
     substances''.
       (j)(1) Section 511(a) of the Controlled Substances Act (21 
     U.S.C. 881(a)) is amended--
       (A) in paragraph (1), by inserting ``and imitation 
     controlled substances'' after ``controlled substances'';
       (B) in paragraph (2), by inserting ``, imitation controlled 
     substance,'' after ``controlled substance'';
       (C) in paragraph (6), by inserting ``, imitation controlled 
     substance,'' after ``controlled substance''; and
       (D) in paragraph (8), by inserting ``and imitation 
     controlled substances'' after ``controlled substances''.
       (2) Section 607(a)(3) of the Tariff Act of 1930 (19 U.S.C. 
     1607(a)(3)) is amended by inserting ``, imitation controlled 
     substance,'' after ``controlled substance''.
       (3) Section 607(b) of the Tariff Act of 1930 (19 U.S.C. 
     1607(b)) is amended by inserting ``, `imitation controlled 
     substance','' after `` `controlled substance' ''.
       (k) Section 1010(a) of the Controlled Substances Act (21 
     U.S.C. 960(a)) is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by inserting ``or'' after 
     ``substance,''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) knowingly or intentionally imports or exports a 
     counterfeit substance or an imitation controlled 
     substance,''.
       (l) Section 2516(1)(e) of title 18, United States Code, is 
     amended by inserting ``or a violation of the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) or the Controlled 
     Substances Import and Export Act (21 U.S.C. 851, et seq.)'' 
     after ``United States''.

     SEC. 2305. CONFORMING AMENDMENT CONCERNING MARIJUANA PLANTS.

       Section 1010(b)(4) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 960(b)(4)) is amended by striking 
     ``except in the case of 100 or more marijuana plants'' and 
     inserting ``except in the case of 50 or more marijuana 
     plants''.

     SEC. 2306. SERIOUS JUVENILE DRUG TRAFFICKING OFFENSES AS 
                   ARMED CAREER CRIMINAL ACT PREDICATES.

       Section 924(e)(2)(C) of title 18, United States Code, is 
     amended by inserting ``or serious drug offense'' after 
     ``violent felony''.

     SEC. 2307. INCREASED PENALTIES FOR USING FEDERAL PROPERTY TO 
                   GROW OR MANUFACTURE CONTROLLED SUBSTANCES.

       (a) In General.--Section 401(b)(5) of the Controlled 
     Substances Act (21 U.S.C. 841(b)(5)) is amended to read as 
     follows:
       ``(5) Any person who violates subsection (a) of this 
     section by cultivating or manufacturing a controlled 
     substance on any property in whole or in part owned by or 
     leased to the United States or any department or agency 
     thereof shall be subject to twice the maximum punishment 
     otherwise authorized for the offense.''.
       (b) Sentencing Enhancement.--
       (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 sentencing enhancement 
     for any offense under section 401(b)(5) of the Controlled 
     Substances Act (21 U.S.C. 841(b)(5)) that occurs on Federal 
     property.
       (2) Consistency.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (A) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (B) avoid duplicative punishment for substantially the same 
     offense.

     SEC. 2308. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE 
                   TERMS IN CONTROLLED SUBSTANCE CASES.

       Subparagraphs (A) through (D) of section 401(b)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)) are each 
     amended by striking ``Any sentence'' and inserting 
     ``Notwithstanding section 3583 of title 18, any sentence''.

     SEC. 2309. SUPERVISED RELEASE PERIOD AFTER CONVICTION FOR 
                   CONTINUING CRIMINAL ENTERPRISE.

       Section 848(a) of title 21, United States Code, is amended 
     by adding to the end of the following: ``Any sentence under 
     this paragraph shall, in the absence of such a prior 
     conviction, impose a term of supervised release of not less 
     than 10 years in addition to such term of imprisonment and 
     shall, if there was such a prior conviction, impose a term of 
     supervised release of not less than 15 years in addition to 
     such term of imprisonment.''.

     SEC. 2310. TECHNICAL CORRECTION TO ENSURE COMPLIANCE OF 
                   SENTENCING GUIDELINES WITH PROVISIONS OF ALL 
                   FEDERAL STATUTES.

       Section 994(a) of title 28, United States Code, is amended 
     by striking ``consistent with all pertinent provisions of 
     this title and title 18, United States Code,'' and inserting 
     ``consistent with all pertinent provisions of any Federal 
     statute''.

     SEC. 2311. IMPORT AND EXPORT OF CHEMICALS USED TO PRODUCE 
                   ILLICIT DRUGS.

       (a) Notification Requirements.--Section 1018 of the 
     Controlled Substances Import and Export Act (21 U.S.C. 971) 
     is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Each person who proposes to engage in a transaction 
     involving the importation or exportation of a listed chemical 
     which requires advance notification pursuant to the 
     regulations of the Attorney General or the importation or 
     exportation of a tableting machine or an encapsulating 
     machine shall notify the Attorney General of the importation 
     or exportation not later than 15 days before the transaction 
     is to take place in such form and supplying such information 
     as the Attorney General shall require by regulation; in the 
     case of an importation for transfer or transshipment pursuant 
     to section 1004 of this title, such notice will be made as 
     provided in that section.'';
       (2) in subsection (c)(1)--
       (A) by striking the phrase ``(other than a regulated 
     transaction to which the requirement of subsection (a) of 
     this section does not apply by reason of subsection (b) of 
     this section)'';
       (B) by inserting ``, a tableting machine or an 
     encapsulating machine'' after ``a listed chemical''; and
       (C) by inserting ``, tableting machine, or encapsulating 
     machine'' after ``the chemical''; and
       (3) in subsection (e)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (4) and (5);
       (B) by inserting after paragraph (1) new paragraphs (2) and 
     (3) as follows:
       ``(2) The Attorney General may by regulation require that 
     the 15-day notification requirement of subsection (a) apply 
     to all imports of a listed chemical, regardless of the status 
     of certain importers of that listed chemical as regular 
     importers, if the Attorney General finds that such 
     notification is necessary to support effective chemical 
     diversion control programs or is required by treaty or 
     other international agreement to which the United States 
     is a party.
       ``(3) The Attorney General may require that the 
     notification requirement of subsection (a) for certain 
     importations or exportations, including those subject to 
     section 1004 of this title, include additional information to 
     enable a determination to be made that the listed chemical 
     being imported or exported will be used for a legitimate 
     purpose or when such information is needed to satisfy 
     requirements of the importing or exporting country. The 
     Attorney General will provide notice of these additional 
     requirements specifically identifying the listed chemicals 
     and countries involved.''.
       (b) Transshipment.--Section 1004 of the Controlled 
     Substances Import and Export Act (21 U.S.C. 954) is amended 
     to read as follows:

     ``Sec. 954. Transshipment and in-transit shipment of 
       controlled substances

       ``(a) Notwithstanding sections 952, 953, 957 and 971 of 
     this title, except as provided below--
       ``(1) A controlled substance in schedule I may be imported 
     into the United States--
       ``(A) for transshipment to another country, or

[[Page S188]]

       ``(B) for transference or transshipment from one vessel, 
     vehicle, or aircraft to another vessel, vehicle, or aircraft 
     within the United States for immediate exportation, if and 
     only if (i) evidence is furnished which enables the Attorney 
     General to determine that the substance being so imported, 
     transferred, or transshipped will be used for scientific, 
     medical, or other legitimate purposes in the country of 
     destination, and (ii) it is so imported, transferred, or 
     transshipped with the prior written approval of the Attorney 
     General (which shall be granted or denied within 21 days of 
     the request) based on a determination that the requirements 
     of this section and the applicable subsections of sections 
     952 and 953 have been satisfied.
       ``(2) A controlled substance in schedule II, III, or IV or 
     a listed chemical may be so imported, transferred, or 
     transshipped if and only evidence is furnished which enables 
     the Attorney General to determine that the substance or 
     chemical being so imported, transferred, or transshipped will 
     be used for scientific, medical, or other legitimate purposes 
     in the country of destination and (ii) advance notification 
     is given to the Attorney General not later than 15 days prior 
     to the exportation of the substance or chemical from the 
     foreign port of embarkation (the notification period for 
     imports other than for transfer or transshipment pursuant to 
     section 1002 or 1018 of this title is not affected by this 
     subsection). Such notification shall be in such form and 
     contain such information as the Attorney General may require 
     by regulation.
       ``(b)(1) Any such importation, transfer or transshipment of 
     a controlled substance shall be subject to the applicable 
     subsections of sections 1002 and 1003 of this title. The 
     importation, transfer, transshipment or exportation of any 
     controlled substance may be suspended on the ground that the 
     controlled substance may be diverted to other than 
     scientific, medical or other legitimate purposes.
       ``(2) Any such importation, transfer or transshipment of a 
     listed chemical shall be subject to all the requirements of 
     section 1018 of this title, except that in no case shall the 
     15-day advance notification requirement be waived. The 
     importation, transfer, transshipment or exportation of a 
     listed chemical may be suspended on the ground that the 
     chemical may be diverted to the clandestine manufacture of a 
     controlled substance.
       ``(3) Any such importation, transfer or transshipment of a 
     controlled substance or listed chemical may be suspended if 
     any requirement of subsection (a) is not satisfied. The 
     Attorney General may withdraw a suspension order issued under 
     this paragraph if (A) the requirements of subsection (a) are 
     ultimately satisfied and (B) no grounds exist under 
     paragraphs (1) or (2) of this subsection to suspend the 
     shipment.
       ``(c) The suspension of any exportation of a controlled 
     substance or listed chemical will be subject to the 
     procedures and requirements established in section 1018(c) of 
     this title.
       ``(d) Any shipment of a controlled substance or listed 
     chemical which has been imported or is subject to the 
     jurisdiction of the United States whose importation, 
     transfer, transshipment or exportation has been suspended 
     may, in the discretion of the Attorney General, be placed 
     under seal. No disposition may be made of any such controlled 
     substance or listed chemical until the suspension order 
     becomes final. However, a court, upon application therefor, 
     may at any time order the sale of a perishable controlled 
     substance or listed chemical. Any such order shall require 
     the deposit of the proceeds of the sale with the court. Upon 
     a suspension order becoming final, the shipment may be 
     disposed of as follows, at the discretion of the Attorney 
     General and subject to such conditions as the Attorney 
     General may impose:
       ``(1) The title holder may be allowed to return the 
     shipment to any of the original exporter's facilities in the 
     country of exportation;
       ``(2) The shipment may be exported, subject to the 
     requirements of section 1003 or 1018 of this title, as 
     appropriate, to a new consignee;
       ``(3) The shipment may be surrendered to the Attorney 
     General for appropriate disposition; all costs associated 
     with this disposition will be the responsibility of the title 
     holder, however if there are any proceeds from the 
     disposition, these will be applied to the repayment of the 
     costs and any excess proceeds will be returned to the 
     titleholder;
       ``(4) If sufficient cause exists, the shipment of 
     controlled substances or listed chemicals (or proceeds of 
     sale deposited in court) may be forfeited to the United 
     States pursuant to section 511 of title II and may be 
     disposed of in accordance with that section.
       ``(e) Nothing in this section may be used by any party to 
     defend against a forfeiture action against a shipment of 
     controlled substances or listed chemicals initiated by the 
     United States or by any state. This section does not affect 
     the liability of any party for storage and transportation 
     costs incurred by the Government as a result of the 
     suspension of a shipment.''.
       (c) Penalties.--Section 1010(d) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 960(d)) is 
     amended--
       (1) by redesignating paragraphs (5), (6) and (7) as 
     paragraphs (6), (7) and (8);
       (2) in the redesignated paragraph (6), by striking 
     ``1018(e)(2) or (3)'' and inserting ``1018(e)(4) or (5)'';
       (3) in the redesignated paragraph (7), by inserting ``or 
     violates section 1004 of this title,'' after ``1007 or 1018 
     of this title''; and
       (4) by inserting after paragraph (4) a new paragraph (5) as 
     follows:
       ``(5) imports or exports a listed chemical, with the intent 
     to evade the reporting or recordkeeping requirements of 
     section 1018 applicable to such importation or exportation by 
     falsely representing to the Attorney General that the 
     importation or exportation is not subject to the 15-day 
     advance notification required by section 1018(a) or to any 
     reporting requirements established by the Attorney General 
     pursuant to section 1018(e) (1), (2) or (3) by 
     misrepresenting the actual country of final destination of 
     the listed chemical, or the actual listed chemical being 
     imported or exported; or''.
       (d) Section 1011 of the Controlled Substances Import and 
     Export Act (21 U.S.C. 961) is amended to read as follows:

     ``Sec. 1011. Injunctions

       ``In addition to any other applicable penalty, any person 
     convicted of a felony violation of this title or title II 
     relating to the receipt, distribution, manufacture, 
     importation or exportation of a listed chemical may be 
     enjoined from engaging in any transaction involving a listed 
     chemical for not more than ten years.''.

                   Subtitle D--Deterring Cargo Theft

     SEC. 2351. PUNISHMENT OF CARGO THEFT.

       (a) In General.--Section 659 of title 18, United States 
     Code, is amended--
       (1) by striking ``with intent to convert to his own use'' 
     each place that term appears;
       (2) in the first undesignated paragraph--
       (A) by inserting ``trailer,'' after ``motortruck,'';
       (B) by inserting ``air cargo container,'' after 
     ``aircraft,''; and
       (C) by inserting ``, or from any intermodal container, 
     trailer, container freight station, warehouse, or freight 
     consolidation facility,'' after ``air navigation facility'';
       (3) in the fifth undesignated paragraph, by striking ``one 
     year'' and inserting ``3 years'';
       (4) in the penultimate undesignated paragraph, by inserting 
     after the first sentence the following: ``For purposes of 
     this section, goods and chattel shall be construed to be 
     moving as an interstate or foreign shipment at all points 
     between the point of origin and the final destination (as 
     evidenced by the waybill or other shipping document of the 
     shipment), regardless of any temporary stop while awaiting 
     transshipment or otherwise.''; and
       (5) by adding at the end the following:
       ``It shall be an affirmative defense (on which the 
     defendant bears the burden of persuasion by a preponderance 
     of the evidence) to an offense under this section that the 
     defendant bought, received, or possessed the goods, chattels, 
     money, or baggage at issue with the sole intent to report the 
     matter to an appropriate law enforcement officer or to the 
     owner of the goods, chattels, money, or baggage.''.
       (b) Federal Sentencing Guidelines.--Pursuant to section 994 
     of title 28, United States Code, the United States Sentencing 
     Commission shall review the Federal sentencing guidelines 
     under section 659 of title 18, United States Code, as amended 
     by this section and, upon completion of the review, 
     promulgate amendments to the Federal Sentencing Guidelines to 
     provide appropriate enhancement of the applicable guidelines.

     SEC. 2352. REPORTS TO CONGRESS ON CARGO THEFT.

       The Attorney General shall annually submit to Congress a 
     report, which shall include an evaluation of law enforcement 
     activities relating to the investigation and prosecution of 
     offenses under section 659 of title 18, United States Code, 
     as amended by this subtitle.

     SEC. 2353. ESTABLISHMENT OF ADVISORY COMMITTEE ON CARGO 
                   THEFT.

       (a) Establishment.--
       (1) In general.--There is established a Committee to be 
     known as the Advisory Committee on Cargo Theft (in this 
     section referred to as the ``Committee'').
       (2) Membership.--
       (A) Composition.--The Committee shall be composed of 6 
     members, who shall be appointed by the President, of whom--
       (i) 1 shall be an officer or employee of the Department of 
     Justice;
       (ii) 1 shall be an officer or employee of the Department of 
     Transportation;
       (iii) 1 shall be an officer or employee of the Department 
     of the Treasury; and
       (iv) 3 shall be individuals from the private sector who are 
     experts in cargo security.
       (B) Date.--The appointments of the initial members of the 
     Committee shall be made not later than 30 days after the date 
     of enactment of this Act.
       (3) Period of appointment; vacancies.--Each member of the 
     Committee shall be appointed for the life of the Committee. 
     Any vacancy in the Committee shall not affect its powers, but 
     shall be filled in the same manner as the original 
     appointment.
       (4) Initial meeting.--Not later than 15 days after the date 
     on which all initial members of the Committee have been 
     appointed, the Committee shall hold its first meeting.
       (5) Meetings.--The Committee shall meet, not less 
     frequently than quarterly, at the call of the Chairperson.
       (6) Quorum.--A majority of the members of the Committee 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (7) Chairperson.--The President shall select 1 member of 
     the Committee to serve as the Chairperson of the Committee.

[[Page S189]]

       (b) Duties.--
       (1) Study.--The Committee shall conduct a thorough study 
     of, and develop recommendations with respect to, all matters 
     relating to--
       (A) the establishment of a national computer database for 
     the collection and dissemination of information relating to 
     violations of section 659 of title 18, United States Code (as 
     added by section 3801(a) of this title); and
       (B) the establishment of an office within the Federal 
     Government to promote cargo security and to increase 
     coordination between the Federal Government and the private 
     sector with respect to cargo security.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Committee shall submit to the 
     President and to Congress a report, which shall contain a 
     detailed statement of results of the study and the 
     recommendations of the Committee under paragraph (1).
       (c) Powers.--
       (1) Hearings.--The Committee may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Committee considers advisable to 
     carry out the purposes of this section.
       (2) Information from federal agencies.--The Committee may 
     secure directly from any Federal department or agency such 
     information as the Committee considers necessary to carry out 
     the provisions of this section. Upon request of the 
     Chairperson of the Committee, the head of such department or 
     agency shall furnish such information to the Committee.
       (3) Postal services.--The Committee may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Gifts.--The Committee may accept, use, and dispose of 
     gifts or donations of services or property.
       (d) Personnel Matters.--
       (1) Compensation of members.--
       (A) Non-federal members.--Each member of the Committee who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Committee.
       (B) Federal members.--Each member of the Committee who is 
     an officer or employee of the United States shall serve 
     without compensation in addition to that received for 
     their service as an officer or employee of the United 
     States.
       (2) Travel expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (3) Staff.--
       (A) In general.--The Chairperson of the Committee may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Committee to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Committee.
       (B) Compensation.--The Chairperson of the Committee may fix 
     the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director and other personnel may not exceed the rate payable 
     for level V of the Executive Schedule under section 5316 of 
     such title.
       (4) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Committee without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) Procurement of temporary and intermittent services.--
     The Chairperson of the Committee may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (e) Termination.--The Committee shall terminate 90 days 
     after the date on which the Committee submits the report 
     under subsection (b)(2).
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary to the Committee to carry out 
     the purposes of this section.
       (2) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.

     SEC. 2354. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING 
                   OFFENSES TO ELIMINATE GAPS AND INCONSISTENCIES 
                   IN COVERAGE.

       (a) In General.--
       (1) Embezzlement against estate.--Section 153(a) of title 
     18, United States Code, is amended by inserting ``, or 
     attempts so to appropriate, embezzle, spend, or transfer,'' 
     before ``any property''.
       (2) Public money.--Section 641 of title 18, United States 
     Code, is amended by striking ``or'' at the end of the first 
     paragraph and by inserting after such paragraph the 
     following:

     ``Whoever attempts to commit an offense described in the 
     preceding paragraph; or''.
       (3) Theft by bank examiner.--Section 655 of title 18, 
     United States Code, is amended by inserting ``or attempts to 
     steal or so take,'' after ``unlawfully takes,''.
       (4) Theft, embezzlement, or misapplication by bank officer 
     or employee.--Sections 656 and 657 of title 18, United States 
     Code, are each amended--
       (A) by inserting ``, or attempts to embezzle, abstract, 
     purloin, or willfully misapply,'' after ``willfully 
     misapplies''; and
       (B) by inserting ``or attempted to be embezzled, 
     abstracted, purloined, or misapplied'' after ``misapplied''.
       (5) Property mortgaged or pledged to farm credit 
     agencies.--Section 658 of title 18, United States Code, is 
     amended by inserting ``or attempts so to remove, dispose of, 
     or convert,'' before ``any property''.
       (6) Interstate or foreign shipments.--Section 659 of title 
     18, United States Code, is amended--
       (A) in the first and third paragraphs, by inserting ``or 
     attempts to embezzle, steal, or so take or carry away,'' 
     after ``carries away,''; and
       (B) in the fourth paragraph by inserting ``or attempts to 
     embezzle, steal, or so take,'' before ``from any railroad 
     car''.
       (7) Within special maritime and territorial jurisdiction.--
     Section 661 of title 18, United States Code, is amended--
       (A) by inserting ``or attempts so to take and carry away,'' 
     before ``any personal property''; and
       (B) by inserting ``or attempted to be taken'' after 
     ``taken'' each place it appears.
       (8) Theft or embezzlement from employee benefit plans.--
     Section 664 of title 18, United States Code, is amended by 
     inserting ``or attempts to embezzle, steal, or so abstract or 
     convert,'' before ``any of the moneys''.
       (9) Theft or embezzlement from employment and training 
     funds.--Section 665(a) of title 18, United States Code, is 
     amended--
       (A) by inserting ``, or attempts to embezzle, so misapply, 
     steal, or obtain by fraud,'' before ``any of the moneys''; 
     and
       (B) by inserting ``or attempted to be embezzled, 
     misapplied, stolen, or obtained by fraud'' after ``obtained 
     by fraud''.
       (10) Theft or bribery concerning programs receiving federal 
     funds.--Section 666(a)(1)(A) of title 18, United States Code, 
     is amended by inserting ``or attempts to embezzle, steal, 
     obtain by fraud, or so convert or misapply,'' before 
     ``property''.
       (11) False pretenses on high seas.--Section 1025 of title 
     18, United States Code, is amended--
       (A) by inserting ``or attempts to obtain'' after 
     ``obtains''; and
       (B) by inserting ``or attempted to be obtained'' after 
     ``obtained''.
       (12) Embezzlement and theft from indian tribal 
     organizations.--Section 1163 of title 18, United States Code, 
     is amended by inserting ``attempts so to embezzle, steal, 
     convert, or misapply,'' after ``willfully misapplies,''.
       (13) Theft from group establishments on indian lands.--
     Section 1167 (a) and (b) of title 18, United States Code, are 
     each amended by inserting ``or attempts so to abstract, 
     purloin, misapply, or take and carry away,'' before ``any 
     money''.
       (14) Theft by officers and employees of gaming 
     establishments on indian lands.--Section 1168 (a) and (b) of 
     title 18, United States Code, are each amended by inserting 
     ``or attempts so to embezzle, abstract, purloin, misapply, or 
     take and carry away,'' before ``any moneys,''.
       (15) Theft of property used by the postal service.--Section 
     1707 of title 18, United States Code, is amended by inserting 
     ``, or attempts to steal, purloin, or embezzle,'' before 
     ``any property'' and by inserting ``or attempts to 
     appropriate'' after ``appropriates''.
       (16) Theft in receipt of stolen mail matter.--Section 1708 
     of title 18, United States Code, is amended in the second 
     paragraph by inserting ``or attempts to steal, take, or 
     abstract,'' after ``abstracts,'' and by inserting ``, or 
     attempts so to obtain,'' after ``obtains''.
       (17) Theft of mail matter by officer or employee.--Section 
     1709 of title 18, United States Code, is amended--
       (A) by inserting ``or attempts to embezzle'' after 
     ``embezzles''; and
       (B) by inserting ``, or attempts to steal, abstract, or 
     remove,'' after ``removes''.
       (18) Misappropriation of postal funds.--Section 1711 of 
     title 18, United States Code, is amended by inserting ``or 
     attempts to loan, use, pledge, hypothecate, or convert to his 
     own use,'' after ``use''.
       (19) Bank robbery and incidental crimes.--Section 2113(b) 
     of title 18, United States Code, is amended by inserting ``or 
     attempts so to take and carry away,'' before ``any property'' 
     each place it appears.
       (b) Securities Crimes.--
       (1) Possession of tools.--Section 477 of title 18, United 
     States Code, is amended by inserting ``, or attempts so to 
     sell, give, or deliver,'' before ``any such imprint''.
       (2) Uttering counterfeit foreign obligations or 
     securities.--Section 479 of title 18, United States Code, is 
     amended by inserting ``or attempts to utter or pass,'' after 
     ``passes,''.
       (3) Minor coins.--Section 490 of title 18, United States 
     Code, is amended by inserting

[[Page S190]]

     ``attempts to pass, utter, or sell,'' before ``or 
     possesses''.
       (4) Securities of states and private entities.--Section 
     513(a) of title 18, United States Code, is amended by 
     inserting ``or attempts to utter,'' after ``utters''.

     SEC. 2355. CLARIFICATION OF SCIENTER REQUIREMENT FOR 
                   RECEIVING PROPERTY STOLEN FROM AN INDIAN TRIBAL 
                   ORGANIZATION.

       Section 1163 of title 18, United States Code, is amended in 
     the second paragraph by striking ``so''.

     SEC. 2356. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL 
                   STAMP VENDING MACHINES.

       Section 2115 of title 18, United States Code, is amended--
       (1) by striking ``or'' before ``any building'';
       (2) by inserting ``or any post office box or postal stamp 
     vending machine for the sale of stamps owned by the Postal 
     Service,'' after ``used in whole or in part as a post 
     office,''; and
       (3) by inserting ``or in such box or machine,'' after ``so 
     used''.

     SEC. 2357. EXPANSION OF FEDERAL THEFT OFFENSES TO COVER THEFT 
                   OF VESSELS.

       (a) Vessel Defined.--Section 2311 of title 18, United 
     States Code, is amended by adding at the end the following:
       `` `Vessel' means any watercraft or other contrivance used 
     or designed for transportation or navigation on, under, or 
     immediately above, water.''.
       (b) Transportation of Stolen Vehicles; Sale or Receipt of 
     Stolen Vehicles.--Sections 2312 and 2313 of title 18, United 
     States Code, are each amended by striking ``motor vehicle or 
     aircraft'' and inserting ``motor vehicle, vessel, or 
     aircraft''.

            Subtitle E--Improvements to Federal Criminal Law

                    PART 1--SENTENCING IMPROVEMENTS

     SEC. 2411. APPLICATION OF SENTENCING GUIDELINES TO ALL 
                   PERTINENT STATUTES.

       Section 994(a) of title 28, United States Code, is amended 
     by striking ``consistent with all pertinent provisions of 
     this title and title 18, United States Code,'' and inserting 
     ``consistent with all pertinent provisions of any Federal 
     statute''.

     SEC. 2412. DOUBLING MAXIMUM PENALTY FOR VOLUNTARY 
                   MANSLAUGHTER.

       Section 1112(b) of title 18, United States Code, is amended 
     by striking ``ten years'' and inserting ``20 years''.

     SEC. 2413. AUTHORIZATION OF IMPOSITION OF BOTH A FINE AND 
                   IMPRISONMENT RATHER THAN ONLY EITHER PENALTY IN 
                   CERTAIN OFFENSES.

       (a) Power of Court.--Section 401 of title 18, United States 
     Code, is amended by inserting ``or both,'' after ``fine or 
     imprisonment,''.
       (b) Destruction of Letter Boxes or Mail.--Section 1705 of 
     title 18, United States Code, is amended by inserting ``, or 
     both'' after ``years''.
       (c) Other Sections.--Sections 1916, 2234, and 2235 of title 
     18, United States Code, are each amended by inserting ``, or 
     both'' after ``year''.

     SEC. 2414. ADDITION OF SUPERVISED RELEASE VIOLATION AS 
                   PREDICATES FOR CERTAIN OFFENSES.

       (a) In General.--Sections 1512(a)(1)(C), 1512(b)(3), 
     1512(c)(2), 1513(a)(1)(B), and 1513(b)(2) are each amended by 
     striking ``violation of conditions of probation, parole or 
     release pending judicial proceedings'' and inserting 
     ``violation of conditions of probation, supervised release, 
     parole, or release pending judicial proceedings''.
       (b) Release or Detention of Defendant Pending Trial.--
     Section 3142 of title 18, United States Code, is amended--
       (1) in subsection (d)(1)(A)(iii), by inserting ``, 
     supervised release,'' after ``probation''; and
       (2) in subsection (g)(3)(B), by inserting ``or supervised 
     release'' after ``probation''.

     SEC. 2415. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF 
                   PROBATION OR SUPERVISED RELEASE WHEN REDUCING A 
                   SENTENCE OF IMPRISONMENT IN CERTAIN CASES.

       Section 3582(c)(1)(A) of title 18, United States Code, is 
     amended by inserting ``(and may impose a sentence of 
     probation or supervised release with or without conditions)'' 
     after ``may reduce the term of imprisonment''.

     SEC. 2416. ELIMINATION OF PROOF OF VALUE REQUIREMENT FOR 
                   FELONY THEFT OR CONVERSION OF GRAND JURY 
                   MATERIAL.

       Section 641 of title 18, United States Code, is amended by 
     striking ``but if the value of such property does not exceed 
     the sum of $1,000, he'' and inserting ``but if the value of 
     such property, other than property constituting `matters 
     occurring before the grand jury' within the meaning of Rule 
     6(e) of the Federal Rules of Criminal Procedure, does not 
     exceed the sum of $1,000,''.

     SEC. 2417. INCREASED MAXIMUM CORPORATE PENALTY FOR ANTITRUST 
                   VIOLATIONS.

       (a) Restraint of Trade Among the States.--Section 1 of the 
     Sherman Act (15 U.S.C. 1) is amended by striking 
     ``$10,000,000'' and inserting ``$100,000,000''.
       (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 
     U.S.C. 2) is amended by striking ``$10,000,000'' and 
     inserting ``$100,000,000''.
       (c) Other Restraints.--Section 3 of the Sherman Act (15 
     U.S.C. 3) is amended by striking ``$10,000,000'' and 
     inserting ``$100,000,000''.

     SEC. 2418. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR 
                   COUNTERFEIT BEARER OBLIGATIONS OF THE UNITED 
                   STATES.

       (a) In General.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall review and if appropriate, amend 
     the Federal sentencing guidelines generally to enhance the 
     penalty for offenses involving counterfeit bearer obligation 
     of the United States.
       (b) Factors for Consideration.--In carrying out this 
     section, the Commission shall consider, with respect to the 
     offenses described in subsection (a)--
       (1) whether the base offense level in the current 
     guidelines is adequate to address the serious nature of these 
     offenses and the public interest in protecting the integrity 
     of United States currency, especially in light of recent 
     technological advancements in counterfeiting methods that 
     decrease the cost and increase the availability of such 
     counterfeiting methods to criminals;
       (2) whether the current specific offense characteristic 
     applicable to manufacturing counterfeit obligations fails to 
     take into account the range of offenses in this category; and
       (3) any other factor that the Commission considers to be 
     appropriate.
       (c) Emergency Authority to Sentencing Commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this section as soon as is practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.

        PART 2--ADDITIONAL IMPROVEMENTS TO FEDERAL CRIMINAL LAW

     SEC. 2421. VIOLENCE DIRECTED AT DWELLINGS IN INDIAN COUNTRY.

       Section 1153(a) of title 18, United States Code, is amended 
     by inserting ``or 1363'' after ``section 661''.

     SEC. 2422. CORRECTIONS TO AMBER HAGERMAN CHILD PROTECTION 
                   ACT.

       (a) Aggravated Sexual Abuse.--Section 2241(c) of title 18, 
     United States Code, is amended by striking ``younger than 
     that person'' and inserting ``younger than the person so 
     engaging''.
       (b) Sexual Abuse of a Minor or Ward.--Section 2243(a) of 
     title 18, United States Code, is amended--
       (1) by striking ``Whoever'' and inserting ``Except as 
     provided in section 2241(c) of this title, whoever''; and
       (2) by striking ``crosses a State line with intent to 
     engage in a sexual act with a person who has not attained the 
     age of 12 years, or''.
       (c) Definitions.--Section 2246 of title 18, United States 
     Code, is amended--
       (1) in paragraph (4), by striking the period and inserting 
     a semicolon;
       (2) in paragraph (5), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(6) the term `State' means a State of the United States, 
     the District of Columbia, and any commonwealth, possession, 
     or territory of the United States.''.

     SEC. 2423. ELIMINATION OF ``BODILY HARM'' ELEMENT IN ASSAULT 
                   WITH A DANGEROUS WEAPON OFFENSE.

       Section 113(a)(3) of title 18, United States Code, is 
     amended by striking ``with intent to do bodily harm, and''.

     SEC. 2424. APPEALS FROM CERTAIN DISMISSALS.

       Section 3731 of title 18, United States Code, is amended by 
     inserting ``or any part thereof'' after ``as to any one or 
     more counts''.

     SEC. 2425. AUTHORITY FOR INJUNCTION AGAINST DISPOSAL OF ILL-
                   GOTTEN GAINS FROM VIOLATIONS OF FRAUD STATUTES.

       Section 1345(a)(2) of title 18, United States Code, is 
     amended by inserting ``violation of this chapter or section 
     287, 371 (insofar as such violation involves a conspiracy to 
     defraud the United States or any agency thereof), or 1001 of 
     this title or of a'' after ``as a result of a''.

     SEC. 2426. EXPANSION OF INTERSTATE TRAVEL FRAUD STATUTE TO 
                   COVER INTERSTATE TRAVEL BY PERPETRATOR.

       Section 2314 of title 18, United States Code, is amended in 
     the second undesignated paragraph--
       (1) by inserting ``travels in,'' before ``transports or 
     causes to be transported, or induce any person or persons to 
     travel in''; and
       (2) by inserting a comma after ``transports''.

     SEC. 2427. CLARIFICATION OF SCOPE OF UNAUTHORIZED SELLING OF 
                   MILITARY MEDALS OR DECORATIONS.

       Section 704(b)(2) of title 18, United States Code, is 
     amended by striking ``with respect to a Congressional Medal 
     of Honor''.

     SEC. 2428. AMENDMENT TO SECTION 669 TO CONFORM TO PUBLIC LAW 
                   104-294.

       Section 669 of title 18, United States Code, is amended by 
     striking ``$100'' and inserting ``$1,000''.

     SEC. 2429. EXPANSION OF JURISDICTION OVER CHILD BUYING AND 
                   SELLING OFFENSES.

       Section 2251A(c)(3) of title 18, United States Code, is 
     amended by striking ``in any territory or possession of the 
     United States'' and inserting ``in the special maritime and 
     territorial jurisdiction of the United States or in any 
     commonwealth, territory, or possession of the United 
     States''.

[[Page S191]]

     SEC. 2430. LIMITS ON DISCLOSURE OF WIRETAP ORDERS.

       Section 2518(9) of title 18, United States Code, is amended 
     by inserting ``aggrieved'' before the word ``party'' wherever 
     it appears.

     SEC. 2431. PRISON CREDIT AND AGING PRISONER REFORM.

       (a) Prison Credits in General.--Section 3585(b) of title 
     18, United States Code, is amended to read as follows:
       ``(b) Credit for Prior Custody.--A defendant shall be given 
     credit toward the service of a term of imprisonment for any 
     time spent in official detention prior to the date the 
     sentence commences only if that official detention is as a 
     result of the offense for which the sentence was imposed and 
     has not been--
       ``(1) credited toward another sentence; or
       ``(2) applied in any manner to an undischarged concurrent 
     term of imprisonment.''.
       (b) Good Time Credits for Foreign Prisoners Transferred to 
     the United States.--Section 4105(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1), by inserting ``by the Bureau of 
     Prisons and deducted from the sentence imposed by the foreign 
     court'' after ``These credits shall be combined'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (2) the following:
       ``(3) If the term of imprisonment under section 
     4106A(b)(1)(A) is less than or equal to the total sentence 
     imposed and certified by the foreign authorities on the basis 
     of considerations other than the limitation arising under 
     section 4106A(b)(1)(C), the Bureau of Prisons shall calculate 
     credits for satisfactory behavior at the rate provided in 
     section 3624(b) and computed on the basis of the term of 
     imprisonment under section 4106A(b)(1)(A). If the credits 
     calculated under this paragraph produce a release date that 
     is earlier than the release date otherwise determined under 
     this section, the release date calculated under this 
     paragraph shall apply to the transferred offender.
       ``(4) Upon release from imprisonment, the offender shall 
     commence service of any period of supervised release 
     established pursuant to section 4106A(b)(1)(A), and the 
     balance of the foreign sentence remaining at the time of 
     release from prison shall not be reduced by credits for 
     satisfactory behavior, or labor, or any other credit that has 
     been applied to establish the offender's release date.''.
       (c) Conforming Amendment.--Section 4106A(b)(1)(A) of title 
     18, United States Code, is amended by striking ``release 
     date'' and inserting ``term of imprisonment''.
       (d) Expansion of Provision Allowing for Release of 
     Nondangerous Offenders Who Have Served at Least 30 Years in 
     Prison and Are at Least 70 Years Old.--Section 3582(c)(1)(A) 
     of title 18, United States Code, is amended--
       (1) by inserting ``(and may impose a sentence of probation 
     or supervised release with or without conditions)'' after 
     ``may reduce the term of imprisonment'';
       (2) in subparagraph (ii), by inserting ``(other than an 
     offense or offenses under chapter 109A of this title)'' after 
     ``the offense or offenses''; and
       (3) in subparagraph (ii), by striking ``, pursuant to a 
     sentence imposed under section 3559(c),''.

     SEC. 2432. MIRANDA REAFFIRMATION.

       Section 3501 of title 18, United States Code, is amended--
       (1) by striking subsections (a) and (b); and
       (2) by redesignating subsections (c), (d), and (e) as 
     subsections (a), (b), and (c), respectively.

    TITLE III--PROTECTING AMERICANS AND SUPPORTING VICTIMS OF CRIME

                  Subtitle A--Crime Victims Assistance

     SEC. 3101. SHORT TITLE.

       This subtitle may be cited as the ``Crime Victims 
     Assistance Act of 2001''.

                         PART 1--VICTIM RIGHTS

      SEC. 3111. RIGHT TO NOTICE AND TO BE HEARD CONCERNING 
                   DETENTION.

       (a) In General.--Section 3142 of title 18, United States 
     Code, is amended--
       (1) in subsection (g)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) the views of the victim; and''; and
       (2) by adding at the end the following:
       ``(k) Notice and Right To Be Heard.--
       ``(1) In general.--Subject to paragraph (2), with respect 
     to each hearing under subsection (f)--
       ``(A) before the hearing, the Government shall make 
     reasonable efforts to notify the victim of--
       ``(i) the date and time of the hearing; and
       ``(ii) the right of the victim to be heard on the issue of 
     detention; and
       ``(B) at the hearing, the court shall inquire of the 
     Government whether the victim wishes to be heard on the issue 
     of detention and, if so, shall afford the victim such an 
     opportunity.
       ``(2) Exceptions.--The requirements of paragraph (1) shall 
     not apply to any case in which the Government or the court 
     reasonably believes--
       ``(A) available evidence raises a significant expectation 
     of physical violence or other retaliation by the victim 
     against the defendant; or
       ``(B) identification of the defendant by the victim is a 
     fact in dispute, and no means of verification has been 
     attempted.''.
       (b) Victim Defined.--Section 3156(a) of title 18, United 
     States Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) the term `victim'--
       ``(A) means an individual harmed as a result of a 
     commission of an offense involving death or bodily injury to 
     any person, a threat of death or bodily injury to any person, 
     a sexual assault, or an attempted sexual assault; and
       ``(B) includes--
       ``(i) in the case of a victim who is less than 18 years of 
     age or incompetent, the parent or legal guardian of the 
     victim;
       ``(ii) in the case of a victim who is deceased or 
     incapacitated, 1 or more family members designated by the 
     court; and
       ``(iii) any other person appointed by the court to 
     represent the victim.''.

      SEC. 3112. RIGHT TO A SPEEDY TRIAL.

       Section 3161(h)(8)(B) of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(v) The interests of the victim (or the family of a 
     victim who is deceased or incapacitated) in the prompt and 
     appropriate disposition of the case, free from unreasonable 
     delay.''.

      SEC. 3113. RIGHT TO NOTICE AND TO BE HEARD CONCERNING PLEA.

       (a) In General.--Rule 11 of the Federal Rules of Criminal 
     Procedure is amended--
       (1) by redesignating subdivision (h) as subdivision (i); 
     and
       (2) by inserting after subdivision (g) the following:
       ``(h) Rights of Victims.--
       ``(1) Victim defined.--In this subdivision, the term 
     `victim' means an individual harmed as a result of a 
     commission of an offense involving death or bodily injury to 
     any person, a threat of death or bodily injury to any person, 
     a sexual assault, or an attempted sexual assault, and also 
     includes--
       ``(A) in the case of a victim who is less than 18 years of 
     age or incompetent, the parent or legal guardian of the 
     victim;
       ``(B) in the case of a victim who is deceased or 
     incapacitated, 1 or more family members designated by the 
     court; and
       ``(C) any other person appointed by the court to represent 
     the victim.
       ``(2) Notice.--The Government, before a proceeding at which 
     a plea of guilty or nolo contendere is entered, shall make 
     reasonable efforts to notify the victim of--
       ``(A) the date and time of the proceeding;
       ``(B) the elements of the proposed plea or plea agreement;
       ``(C) the right of the victim to attend the proceeding; and
       ``(D) the right of the victim to address the court 
     personally, through counsel, or in writing on the issue of 
     the proposed plea or plea agreement.
       ``(3) Opportunity to be heard.--The court, before accepting 
     a plea of guilty or nolo contendere, shall afford the victim 
     an opportunity to be heard, personally, through counsel, or 
     in writing, on the proposed plea or plea agreement.
       ``(4) Exceptions.--Notwithstanding any other provision of 
     this subdivision--
       ``(A) in any case in which a victim is a defendant in the 
     same or a related case, or in which the Government certifies 
     to the court under seal that affording such victim any right 
     provided under this rule will jeopardize an ongoing 
     investigation, the victim shall not have such right;
       ``(B) a victim who, at the time of a proceeding at which a 
     plea of guilty or nolo contendere is entered, is incarcerated 
     in any Federal, State, or local correctional or detention 
     facility, shall not have the right to appear in person, but, 
     subject to subparagraph (A), shall be afforded a reasonable 
     opportunity to present views or participate by alternate 
     means; and
       ``(C) in any case involving more than 15 victims, the 
     court, after consultation with the Government and the 
     victims, may appoint a number of victims to represent the 
     interests of the victims, except that all victims shall 
     retain the right to submit a written statement under 
     paragraph (2).''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference of the 
     United States shall submit to Congress a report containing 
     recommendations for amending the Federal Rules of Criminal 
     Procedure to provide enhanced opportunities for victims to be 
     heard on the issue of whether or not the court should accept 
     a plea of guilty or nolo contendere.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference of the United States under this 
     paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference of the United States--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendments made by 
     subsection (a), then the

[[Page S192]]

     amendments made by subsection (a) shall become effective 30 
     days after the date on which the recommendations are 
     submitted to Congress under paragraph (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendments made by subsection (a), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendments made 
     by subsection (a) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the Judicial Conference of the United 
     States under paragraph (2)) shall apply in any proceeding 
     commenced on or after the effective date of the amendment.

      SEC. 3114. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.

       (a) Amendment to Victim Rights Clarification Act.--Section 
     3510 of title 18, United States Code, is amended by adding at 
     the end the following:
       ``(d) Application to Televised Proceedings.--This section 
     applies to any victim viewing proceedings pursuant to section 
     235 of the Antiterrorism and Effective Death Penalty Act of 
     1996 (42 U.S.C. 10608), or any rule issued thereunder.''.
       (b) Amendment to Victims' Rights and Restitution Act of 
     1990.--Section 502(b) of the Victims' Rights and Restitution 
     Act of 1990 (42 U.S.C. 10606(b)) is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4) The right to be present at all public court 
     proceedings related to the offense, unless the court 
     determines that testimony by the victim at trial would be 
     materially affected if the victim heard the testimony of 
     other witnesses.''; and
       (2) in paragraph (5), by striking ``attorney'' and 
     inserting ``the attorney''.

      SEC. 3115. RIGHT TO NOTICE AND TO BE HEARD CONCERNING 
                   SENTENCE.

       (a) Enhanced Notice and Consideration of Victims' Views.--
       (1) Imposition of sentence.--Section 3553(a) of title 18, 
     United States Code, is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) by redesignating paragraph (7) as paragraph (8); and
       (C) by inserting after paragraph (6) the following:
       ``(7) the views of any victims of the offense, if such 
     views are presented to the court; and''.
       (2) Issuance and enforcement of order of restitution.--
     Section 3664(d)(2)(A) of title 18, United States Code is 
     amended--
       (A) by redesignating clauses (v) and (vi) as clauses (vii) 
     and (viii) respectively; and
       (B) by inserting after clause (iv) the following:
       ``(v) the opportunity of the victim to attend the 
     sentencing hearing;
       ``(vi) the opportunity of the victim, personally or through 
     counsel, to make a statement or present any information to 
     the court in relation to the sentence;''.
       (b) Enhanced Participatory Rights.--Rule 32 of the Federal 
     Rules of Criminal Procedure is amended--
       (1) in subdivision (b)--
       (A) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively;
       (B) by inserting after paragraph (3) the following:
       ``(4) Notice to victim.--The probation officer must, before 
     submitting the presentence report, provide notice to the 
     victim as provided by section 3664(d)(2)(A) of title 18, 
     United States Code.''; and
       (C) in paragraph (5), as redesignated--
       (i) by redesignating subparagraphs (E) through (H) as 
     subparagraphs (F) through (I), respectively; and
       (ii) by inserting after subparagraph (D) the following:
       ``(E) any victim impact statement submitted by a victim to 
     the probation officer;'';
       (2) in subdivision (c)(3), by striking subparagraph (E) and 
     inserting the following:
       ``(E) afford the victim, personally or through counsel, an 
     opportunity to make a statement or present any information in 
     relation to the sentence, including information concerning 
     the extent and scope of the victim's injury or loss, and the 
     impact of the offense on the victim or the family of the 
     victim, except that the court may reasonably limit the number 
     of victims permitted to address the court if the number is so 
     large that affording each victim such right would result in 
     cumulative victim impact information or would unreasonably 
     prolong the sentencing process.''; and
       (3) in subdivision (f)(1)--
       (A) by striking ``the right of allocution under subdivision 
     (c)(3)(E)'' and inserting ``the notice and participatory 
     rights under subdivisions (b)(4) and (c)(3)(E)''; and
       (B) by striking ``if such person or persons are present at 
     the sentencing hearing, regardless of whether the victim is 
     present;''.
       (c) Effective Date.--
       (1) In general.--The amendments made by subsection (b) 
     shall become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference of the 
     United States shall submit to Congress a report containing 
     recommendations for amending the Federal Rules of Criminal 
     Procedure to provide enhanced opportunities for victims to 
     participate during the presentencing and sentencing phase of 
     the criminal process.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference of the United States under this 
     paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference of the United States--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendments made by 
     subsection (b), then the amendments made by subsection (b) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendments made by subsection (b), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendments made 
     by subsection (b) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the Judicial Conference of the United 
     States under paragraph (2)) shall apply in any proceeding 
     commenced on or after the effective date of the amendment.

      SEC. 3116. RIGHT TO NOTICE AND TO BE HEARD CONCERNING 
                   SENTENCE ADJUSTMENT.

       (a) In General.--Rule 32.1(a) of the Federal Rules of 
     Criminal Procedure is amended by adding at the end the 
     following:
       ``(3) Notice to victim.--At any hearing pursuant to 
     paragraph (2) involving 1 or more persons who have been 
     convicted of an offense involving death or bodily injury to 
     any person, a threat of death or bodily injury to any person, 
     a sexual assault, or an attempted sexual assault, the 
     Government shall make reasonable efforts to notify the victim 
     of the offense (and the victim of any new charges giving rise 
     to the hearing), of--
       ``(A) the date and time of the hearing; and
       ``(B) the right of the victim to attend the hearing and to 
     address the court regarding whether the terms or conditions 
     of probation or supervised release should be modified.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference of the 
     United States shall submit to Congress a report containing 
     recommendations for amending the Federal Rules of Criminal 
     Procedure to ensure that reasonable efforts are made to 
     notify victims of violent offenses of any revocation hearing 
     held pursuant to Rule 32.1(a)(2), and to afford such victims 
     an opportunity to participate.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference of the United States under this 
     paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference of the United States--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendment made by 
     subsection (a), then the amendment made by subsection (a) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendment made by subsection (a), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendment made 
     by subsection (a) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the Judicial Conference of the United 
     States under paragraph (2)) shall apply in any proceeding 
     commenced on or after the effective date of the amendment.

      SEC. 3117. RIGHT TO NOTICE OF RELEASE OR ESCAPE.

       (a) In General.--Subchapter C of chapter 229 of title 18, 
     United States Code, is amended by adding at the end the 
     following:

[[Page S193]]

     ``Sec. 3627. Notice to victims of release or escape of 
       defendants

       ``(a) In General.--The Bureau of Prisons shall ensure that 
     reasonable notice is provided to each victim of an offense 
     for which a person is in custody pursuant to this 
     subchapter--
       ``(1) not less than 30 days before the release of such 
     person under section 3624, assignment of such person to pre-
     release custody under section 3624(c), or transfer of such 
     person under section 3623;
       ``(2) not less than 10 days before the temporary release of 
     such person under section 3622;
       ``(3) not later than 12 hours after discovery that such 
     person has escaped;
       ``(4) not later than 12 hours after the return to custody 
     of such person after an escape; and
       ``(5) at such other times as may be reasonable before any 
     other form of release of such person as may occur.
       ``(b) Applicability.--This section applies to any escape, 
     work release, furlough, or any other form of release from a 
     psychiatric institution or other facility that provides 
     mental or other health services to persons in the custody of 
     the Bureau of Prisons.
       ``(c) Victim Contact Information.--It shall be the 
     responsibility of a victim to notify the Bureau of Prisons, 
     by means of a form to be provided by the Attorney General, of 
     any change in the mailing address of the victim, or other 
     means of contacting the victim, while the defendant is in the 
     custody of the Bureau of Prisons. The Bureau of Prisons shall 
     ensure the confidentiality of any information relating to a 
     victim.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     subchapter C of chapter 229 of title 18, United States Code, 
     is amended by adding at the end the following:

``3627. Notice to victims of release or escape of defendants.''.

      SEC. 3118. RIGHT TO NOTICE AND TO BE HEARD CONCERNING 
                   EXECUTIVE CLEMENCY.

       (a) Notification.--Subchapter C of chapter 229 of title 18, 
     United States Code, is amended by adding after section 3627, 
     as added by section 3117, the following:

     ``Sec. 3628. Notice to victims concerning grant of executive 
       clemency

       ``(a) Definitions.--In this section--
       ``(1) the term `executive clemency'--
       ``(A) means any exercise by the President of the power to 
     grant reprieves and pardons under clause 1 of section 2 of 
     article II of the Constitution of the United States; and
       ``(B) includes any pardon, reprieve, commutation of 
     sentence, or remission of fine; and
       ``(2) the term `victim' has the same meaning given that 
     term in section 503(e) of the Victims' Rights and Restitution 
     Act of 1990 (42 U.S.C. 10607(e)).
       ``(b) Notice of Grant of Executive Clemency.--
       ``(1) If a petition for executive clemency is granted, the 
     Attorney General shall make reasonable efforts to notify any 
     victim of any offense that is the subject of the grant of 
     executive clemency that such grant has been made as soon as 
     practicable after that grant is made.
       ``(2) If a grant of executive clemency will result in the 
     release of any person from custody, notice under paragraph 
     (1) shall be prior to that release from custody, if 
     practicable.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     subchapter C of chapter 229 of title 18, United States Code, 
     is amended by adding at the end the following:

``3628. Notice to victims concerning grant of executive clemency.''.
       (c) Reporting Requirements.--The Attorney General shall 
     submit biannually to the Committees on the Judiciary of the 
     House of Representatives and the Senate a report on executive 
     clemency matters or cases delegated for review or 
     investigation to the Attorney General by the President, 
     including for each year--
       (1) the number of petitions so delegated;
       (2) the number of reports submitted to the President;
       (3) the number of petitions for executive clemency granted 
     and the number denied;
       (4) the name of each person whose petition for executive 
     clemency was granted or denied and the offenses of conviction 
     of that person for which executive clemency was granted or 
     denied; and
       (5) with respect to any person granted executive clemency, 
     the date that any victim of an offense that was the subject 
     of that grant of executive clemency was notified, pursuant to 
     Department of Justice regulations, of a petition for 
     executive clemency, and whether such victim submitted a 
     statement concerning the petition.
       (d) Sense of Congress Concerning the Right of Victims To 
     Notice and To Be Heard Concerning Executive Clemency.--It is 
     the sense of Congress that--
       (1) victims of a crime should be notified about any 
     petition for executive clemency filed by the perpetrators of 
     that crime and provided an opportunity to submit a statement 
     concerning the petition to the President; and
       (2) the Attorney General should promulgate regulations or 
     internal guidelines to ensure that such notification and 
     opportunity to submit a statement are provided.

      SEC. 3119. REMEDIES FOR NONCOMPLIANCE.

       (a) General Limitation.--Any failure to comply with any 
     amendment made by this part shall not give rise to a claim 
     for damages, or any other action against the United States, 
     or any employee of the United States, any court official or 
     officer of the court, or an entity contracting with the 
     United States, or any action seeking a rehearing or other 
     reconsideration of action taken in connection with a 
     defendant.
       (b) Regulations To Ensure Compliance.--
       (1) In general.--Notwithstanding subsection (a), not later 
     than 1 year after the date of enactment of this Act, the 
     Attorney General of the United States and the Chairman of the 
     United States Parole Commission shall promulgate regulations 
     to implement and enforce the amendments made by this title.
       (2) Contents.--The regulations promulgated under paragraph 
     (1) shall--
       (A) contain disciplinary sanctions, including suspension or 
     termination from employment, for employees of the Department 
     of Justice (including employees of the United States Parole 
     Commission) who willfully or repeatedly violate the 
     amendments made by this title, or willfully or repeatedly 
     refuse or fail to comply with provisions of Federal law 
     pertaining to the treatment of victims of crime;
       (B) include an administrative procedure through which 
     parties can file formal complaints with the Department of 
     Justice alleging violations of the amendments made by this 
     title;
       (C) provide that a complainant is prohibited from 
     recovering monetary damages against the United States, or any 
     employee of the United States, either in his official or 
     personal capacity; and
       (D) provide that the Attorney General, or the designee of 
     the Attorney General, shall be the final arbiter of the 
     complaint, and there shall be no judicial review of the final 
     decision of the Attorney General by a complainant.

                 PART 2--VICTIM ASSISTANCE INITIATIVES

      SEC. 3121. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS 
                   FOR CRIME VICTIMS.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Office of Victims of Crime.
       (2) Office.--The term ``Office'' means the Office for 
     Victims of Crime.
       (3) Qualified private entity.--The term ``qualified private 
     entity'' means a private entity that meets such requirements 
     as the Attorney General, acting through the Director, may 
     establish.
       (4) Qualified unit of state or local government.--The term 
     ``local government'' means a unit of a State or local 
     government, including a State court, that meets such 
     requirements as the Attorney General, acting through the 
     Director, may establish.
       (5) Voice centers.--The term ``VOICE Centers'' means the 
     Victim Ombudsman Information Centers established under the 
     program under subsection (b).
       (b) Pilot Programs.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, the Attorney General, acting through 
     the Director, shall establish and carry out a program to 
     provide for pilot programs to establish and operate Victim 
     Ombudsman Information Centers in each of the following 
     States:
       (A) Iowa.
       (B) Massachusetts.
       (C) Maryland.
       (D) Vermont.
       (E) Virginia.
       (F) Washington.
       (G) Wisconsin.
       (2) Agreements.--
       (A) In general.--The Attorney General, acting through the 
     Director, shall enter into an agreement with a qualified 
     private entity or unit of State or local government to 
     conduct a pilot program referred to in paragraph (1). Under 
     the agreement, the Attorney General, acting through the 
     Director, shall provide for a grant to assist the qualified 
     private entity or unit of State or local government in 
     carrying out the pilot program.
       (B) Contents of agreement.--The agreement referred to in 
     subparagraph (A) shall specify that--
       (i) the VOICE Center shall be established in accordance 
     with this section; and
       (ii) except with respect to meeting applicable requirements 
     of this section concerning carrying out the duties of a VOICE 
     Center under this section (including the applicable reporting 
     duties under subsection (c) and the terms of the agreement) 
     each VOICE Center shall operate independently of the Office.
       (C) No authority over daily operations.--The Office shall 
     have no supervisory or decisionmaking authority over the day-
     to-day operations of a VOICE Center.
       (c) Objectives.--
       (1) Mission.--The mission of each VOICE Center established 
     under a pilot program under this section shall be to assist a 
     victim of a Federal or State crime to ensure that the 
     victim--
       (A) is fully apprised of the rights of that victim under 
     applicable Federal or State law; and
       (B) is provided the opportunity to participate in the 
     criminal justice process to the fullest extent of the law.
       (2) Duties.--The duties of a VOICE Center shall include--
       (A) providing information to victims of Federal or State 
     crime regarding the right of those victims to participate in 
     the criminal justice process (including information 
     concerning any right that exists under applicable Federal or 
     State law);

[[Page S194]]

       (B) identifying and responding to situations in which the 
     rights of victims of crime under applicable Federal or State 
     law may have been violated;
       (C) attempting to facilitate compliance with Federal or 
     State law referred to in subparagraph (B);
       (D) educating police, prosecutors, Federal and State 
     judges, officers of the court, and employees of jails and 
     prisons concerning the rights of victims under applicable 
     Federal or State law; and
       (E) taking measures that are necessary to ensure that 
     victims of crime are treated with fairness, dignity, and 
     compassion throughout the criminal justice process.
       (d) Oversight.--
       (1) Technical assistance.--The Office may provide technical 
     assistance to each VOICE Center.
       (2) Annual report.--Each qualified private entity or 
     qualified unit of State or local government that carries out 
     a pilot program to establish and operate a VOICE Center under 
     this section shall prepare and submit to the Director, not 
     later than 1 year after the VOICE Center is established, and 
     annually thereafter, a report that--
       (A) describes in detail the activities of the VOICE Center 
     during the preceding year; and
       (B) outlines a strategic plan for the year following the 
     year covered under subparagraph (A).
       (e) Review of Program Effectiveness.--
       (1) GAO study.--Not later than 2 years after the date on 
     which each VOICE Center established under a pilot program 
     under this section is fully operational, the Comptroller 
     General of the United States shall conduct a review of each 
     pilot program carried out under this section to determine the 
     effectiveness of the VOICE Center that is the subject of the 
     pilot program in carrying out the mission and duties 
     described in subsection (c).
       (2) Other studies.--Not later than 2 years after the date 
     on which each VOICE Center established under a pilot program 
     under this section is fully operational, the Attorney 
     General, acting through the Director, shall enter into an 
     agreement with 1 or more private entities that meet such 
     requirements that the Attorney General, acting through the 
     Director, may establish, to study the effectiveness of each 
     VOICE Center established by a pilot program under this 
     section in carrying out the mission and duties described in 
     subsection (c).
       (f) Termination Date.--
       (1) In general.--Except as provided in paragraph (2), a 
     pilot program established under this section shall terminate 
     on the date that is 4 years after the date of enactment of 
     this Act.
       (2) Renewal.--If the Attorney General determines that any 
     of the pilot programs established under this section should 
     be renewed for an additional period, the Attorney General may 
     renew that pilot program for a period not to exceed 2 years.
       (g) Funding.--Notwithstanding any other provision of law, 
     an aggregate amount not to exceed $5,000,000 of the amounts 
     collected pursuant to sections 3729 through 3731 of title 31, 
     United States Code (commonly known as the ``False Claims 
     Act''), may be used by the Director to make grants under 
     subsection (b).

      SEC. 3122. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

       (a) Crime Victims Fund.--Section 1402 of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) any gifts, bequests, or donations from private 
     entities or individuals.''; and
       (2) in subsection (d)--
       (A) in paragraph (4)--
       (i) in subparagraph (A), by striking ``48.5'' and inserting 
     ``47.5'';
       (ii) in subparagraph (B), by striking ``48.5'' and 
     inserting ``47.5''; and
       (iii) in subparagraph (C), by striking ``3'' and inserting 
     ``5''; and
       (B) in paragraph (5), by adding at the end the following:
       ``(C) Any State that receives supplemental funding to 
     respond to incidents or terrorism or mass violence under this 
     section shall be required to return to the Crime Victims Fund 
     for deposit in the reserve fund, amounts subrogated to the 
     State as a result of third-party payments to victims.''.
       (b) Crime Victim Compensation.--Section 1403 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10602) is amended--
       (1) in subsection (a)--
       (A) in each of paragraphs (1) and (2), by striking ``40'' 
     and inserting ``60''; and
       (B) in paragraph (3)--
       (i) by striking ``5'' and inserting ``10''; and
       (ii) by inserting ``and evaluation'' after 
     ``administration''; and
       (2) in subsection (b)--
       (A) in paragraph (7), by inserting ``because the identity 
     of the offender was not determined beyond a reasonable doubt 
     in a criminal trial, because criminal charges were not 
     brought against the offender, or'' after ``deny compensation 
     to any victim'';
       (B) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (C) by inserting after paragraph (7) the following:
       ``(8) such program does not discriminate against victims 
     because they oppose the death penalty or disagree with the 
     way the State is prosecuting the criminal case.''.
       (c) Crime Victim Assistance.--Section 1404 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10603) is amended--
       (1) in subsection (b)(3), by striking ``5'' and inserting 
     ``10'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by inserting ``or enter into cooperative agreements'' 
     after ``make grants'';
       (ii) by striking subparagraph (A) and inserting the 
     following:
       ``(A) for demonstration projects, evaluation, training, and 
     technical assistance services to eligible organizations;'';
       (iii) in subparagraph (B), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(C) training and technical assistance that address the 
     significance of and effective delivery strategies for 
     providing long-term psychological care.''; and
       (B) in paragraph (3)--
       (i) in subparagraph (C), by striking ``and'' at the end;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E) use funds made available to the Director under this 
     subsection--
       ``(i) for fellowships and clinical internships; and
       ``(ii) to carry out programs of training and special 
     workshops for the presentation and dissemination of 
     information resulting from demonstrations, surveys, and 
     special projects.''; and
       (3) in subsection (d)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) the term `State' includes--
       ``(A) the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, and any other 
     territory or possession of the United States; and
       ``(B) for purposes of a subgrant under subsection (a)(1) or 
     a grant or cooperative agreement under subsection (c)(1), the 
     United States Virgin Islands and any agency of the Government 
     of the District of Columbia or the Federal Government 
     performing law enforcement functions in and on behalf of the 
     District of Columbia.'';
       (B) in paragraph (2)--
       (i) in subparagraph (C), by striking ``and'' at the end; 
     and
       (ii) by adding at the end the following:
       ``(E) public awareness and education and crime prevention 
     activities that promote, and are conducted in conjunction 
     with, the provision of victim assistance; and
       ``(F) for purposes of an award under subsection (c)(1)(A), 
     preparation, publication, and distribution of informational 
     materials and resources for victims of crime and crime 
     victims organizations.'';
       (C) by striking paragraph (4) and inserting the following:
       ``(4) the term `crisis intervention services' means 
     counseling and emotional support including mental health 
     counseling, provided as a result of crisis situations for 
     individuals, couples, or family members following and related 
     to the occurrence of crime;'';
       (D) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (E) by adding at the end the following:
       ``(6) for purposes of an award under subsection (c)(1), the 
     term `eligible organization' includes any--
       ``(A) national or State organization with a commitment to 
     developing, implementing, evaluating, or enforcing victims' 
     rights and the delivery of services;
       ``(B) State agency or unit of local government;
       ``(C) State court;
       ``(D) tribal organization;
       ``(E) organization--
       ``(i) described in section 501(c) of the Internal Revenue 
     Code of 1986; and
       ``(ii) exempt from taxation under section 501(a) of such 
     Code; or
       ``(F) other entity that the Director determines to be 
     appropriate.''.

      SEC. 3123. INCREASED TRAINING FOR LAW ENFORCEMENT OFFICERS 
                   AND COURT PERSONNEL TO RESPOND TO THE NEEDS OF 
                   CRIME VICTIMS.

       Notwithstanding any other provision of law, amounts 
     collected pursuant to sections 3729 through 3731 of title 31, 
     United States Code (commonly known as the ``False Claims 
     Act'') may be used by the Office for Victims of Crime to make 
     grants to States, State courts, units of local government, 
     and qualified private entities, to provide training and 
     information to prosecutors, judges, law enforcement officers, 
     probation officers, and other officers and employees of 
     Federal and State courts to assist them in responding 
     effectively to the needs of victims of crime.

      SEC. 3124. INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART 
                   SYSTEMS FOR NOTIFYING CRIME VICTIMS OF 
                   IMPORTANT DATES AND DEVELOPMENTS.

       (a) In General.--Subtitle A of title XXIII of the Violent 
     Crime Control and Law Enforcement Act of 1994 (Public Law 
     103-322; 108 Stat. 2077) is amended by adding at the end the 
     following:

     ``SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS 
                   OF IMPORTANT DATES AND DEVELOPMENTS.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Office for Victims of 
     Crime of the Department of Justice such sums as may be 
     necessary for grants to Federal, State, and local 
     prosecutors' offices and law enforcement agencies, Federal 
     and State courts,

[[Page S195]]

     county jails, Federal and State correctional institutions, 
     and qualified private entities, to develop and implement 
     state-of-the-art systems for notifying victims of crime of 
     important dates and developments relating to the criminal 
     proceedings at issue.
       ``(b) False Claims Act.--Notwithstanding any other 
     provision of law, amounts collected pursuant to sections 3729 
     through 3731 of title 31, United States Code (commonly known 
     as the `False Claims Act'), may be used for grants under this 
     section.''.
       (b) Violent Crime Reduction Trust Fund.--Section 310004(d) 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (42 U.S.C. 14214(d)) is amended--
       (1) in the first paragraph designated as paragraph (15) 
     (relating to the definition of the term ``Federal law 
     enforcement program''), by striking ``and'' at the end;
       (2) in the first paragraph designated as paragraph (16) 
     (relating to the definition of the term ``Federal law 
     enforcement program''), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after the first paragraph designated as 
     paragraph (16) (relating to the definition of the term 
     ``Federal law enforcement program'') the following:
       ``(17) section 230103.''.

       PART 3--VICTIM-OFFENDER PROGRAMS: ``RESTORATIVE JUSTICE''

     SEC. 3131. PILOT PROGRAM AND STUDY ON EFFECTIVENESS OF 
                   RESTORATIVE JUSTICE APPROACH ON BEHALF OF 
                   VICTIMS OF CRIME.

       (a) In General.--Notwithstanding any other provision of 
     law, amounts collected pursuant to sections 3729 through 3731 
     of title 31, United States Code (commonly known as the 
     ``False Claims Act'') and amounts available in the Crime 
     Victims Fund (42 U.S.C. 10601 et seq.), may be used by the 
     Office of Justice Programs of the Department of Justice to 
     make grants to States, State courts, units of local 
     government, tribal governments, and qualified private 
     entities for the establishment of pilot programs that 
     implement balanced and restorative justice models in juvenile 
     court settings.
       (b) Study.--The Office of Justice Programs of the 
     Department of Justice shall conduct a study and report to 
     Congress not later than 2 years after the date of enactment 
     of this Act on the effectiveness of restorative justice 
     models utilized as a part of grants made pursuant to this 
     section.
       (c) Criteria.--The study shall--
       (1) evaluate the success of models already implemented in 
     the States;
       (2) examine such factors as community restoration, victim 
     restoration, offender accountability, offender training, and 
     treatment; and
       (3) contain recommendations of best practices.
       (d) Voluntary Programs.--Any program funded under this 
     section shall be fully voluntary by both the victim and the 
     offender, once the prosecuting agency has determined that the 
     case is appropriate.
       (e) Definition of Balanced and Restorative Justice Model.--
     In this section, the term ``balanced and restorative justice 
     model'' means programs served by the criminal justice system 
     that utilize alternatives to incarceration where the purposes 
     are to--
       (1) protect the community served by the system and 
     agencies;
       (2) ensure accountability of the offender and the system;
       (3) obligate the offender to pay restitution to the victim 
     and/or the community; and
       (4) equip juvenile offenders with the skills needed to live 
     responsibly and productively.
       (f) Authorization.--There are authorized to be appropriated 
     such sums as are necessary to carry out this section.

          Subtitle B--Violence Against Women Act Enhancements

     SEC. 3201. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.

       (a) State Shelter Grants.--Section 303(a)(2)(C) of the 
     Family Violence Prevention and Services Act (42 U.S.C. 
     10402(a)(2)(C)) is amended by striking ``populations 
     underserved because of ethnic, racial, cultural, language 
     diversity or geographic isolation'' and inserting 
     ``populations underserved because of race, ethnicity, age, 
     disability, religion, alienage status, geographic location 
     (including rural isolation), or language barriers, and any 
     other populations determined by the Secretary to be 
     underserved''.
       (b) Secretarial Responsibilities.--Section 305(a) of the 
     Family Violence Prevention and Services Act (42 U.S.C. 
     10404(a)) is amended--
       (1) by striking ``an employee'' and inserting ``1 or more 
     employees'';
       (2) by striking ``of this title.'' and inserting ``of this 
     title, including carrying out evaluation and monitoring under 
     this title.''; and
       (3) by striking ``The individual'' and inserting ``Any 
     individual''.
       (c) Resource Centers.--Section 308 of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10407) is amended--
       (1) in subsection (a)(2), by inserting ``on providing 
     information, training, and technical assistance'' after 
     ``focusing''; and
       (2) in subsection (c), by adding at the end the following:
       ``(8) Providing technical assistance and training to local 
     entities carrying out domestic violence programs that provide 
     shelter, related assistance, or transitional housing 
     assistance.
       ``(9) Improving access to services, information, and 
     training, concerning family violence, within Indian tribes 
     and Indian tribal agencies.
       ``(10) Providing technical assistance and training to 
     appropriate entities to improve access to services, 
     information, and training concerning family violence 
     occurring in underserved populations.''.
       (d) Conforming Amendment.--Section 309(6) of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10408(6)) is 
     amended by striking ``the Virgin Islands, the Northern 
     Mariana Islands, and the Trust Territory of the Pacific 
     Islands'' and inserting ``the United States Virgin Islands, 
     the Commonwealth of the Northern Mariana Islands, and the 
     combined Freely Associated States''.
       (e) Reauthorization.--Section 310 of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10409) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this title 
     $175,000,000 for each of fiscal years 2002 through 2005.
       ``(2) Source of funds.--Amounts made available under 
     paragraph (1) may be appropriated from the Violent Crime 
     Reduction Trust Fund established under section 310001 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14211).'';
       (2) in subsection (b), by striking ``under subsection 
     303(a)'' and inserting ``under section 303(a)'';
       (3) in subsection (c), by inserting ``not more than the 
     lesser of $7,500,000 or'' before ``5''; and
       (4) by adding at the end the following:
       ``(f) Evaluation, Monitoring, and Administration.--Of the 
     amounts appropriated under subsection (a) for each fiscal 
     year, not more than 1 percent shall be used by the Secretary 
     for evaluation, monitoring, and administrative costs under 
     this title.''.
       (f) State Domestic Violence Coalition Grant Activities.--
     Section 311 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10410) is amended--
       (1) in subsection (a)(4), by striking ``underserved racial, 
     ethnic or language-minority populations'' and inserting 
     ``underserved populations described in section 
     303(a)(2)(C)''; and
       (2) in subsection (c), by striking ``the U.S. Virgin 
     Islands, the Northern Mariana Islands, and the Trust 
     Territory of the Pacific Islands'' and inserting ``the United 
     States Virgin Islands, the Commonwealth of the Northern 
     Mariana Islands, and the Freely Associated States''.

     SEC. 3202. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF 
                   DOMESTIC VIOLENCE.

       Title III of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10401 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

       ``(a) In General.--The Secretary shall award grants under 
     this section to carry out programs to provide assistance to 
     individuals, and their dependents--
       ``(1) who are homeless or in need of transitional housing 
     or other housing assistance, as a result of fleeing a 
     situation of domestic violence; and
       ``(2) for whom emergency shelter services are unavailable 
     or insufficient.
       ``(b) Assistance Described.--Assistance provided under this 
     section may include--
       ``(1) short-term housing assistance, including rental or 
     utilities payments assistance and assistance with related 
     expenses, such as payment of security deposits and other 
     costs incidental to relocation to transitional housing, in 
     cases in which assistance described in this paragraph is 
     necessary to prevent homelessness because an individual or 
     dependent is fleeing a situation of domestic violence; and
       ``(2) short-term support services, including payment of 
     expenses and costs associated with transportation and job 
     training referrals, child care, counseling, transitional 
     housing identification and placement, and related services.
       ``(c) Term of Assistance.--An individual or dependent 
     assisted under this section may not receive assistance under 
     this section for a total of more than 12 months.
       ``(d) Reports.--
       ``(1) Report to secretary.--
       ``(A) In general.--An entity that receives a grant under 
     this section shall annually prepare and submit to the 
     Secretary a report describing the number of individuals and 
     dependents assisted, and the types of housing assistance and 
     support services provided, under this section.
       ``(B) Contents.--Each report shall include information on--
       ``(i) the purpose and amount of housing assistance provided 
     to each individual or dependent assisted under this section;
       ``(ii) the number of months each individual or dependent 
     received the assistance;
       ``(iii) the number of individuals and dependents who were 
     eligible to receive the assistance, and to whom the entity 
     could not provide the assistance solely due to a lack of 
     available housing; and
       ``(iv) the type of support services provided to each 
     individual or dependent assisted under this section.
       ``(2) Report to congress.--The Secretary shall annually 
     prepare and submit to the Committee on the Judiciary of the 
     House of Representatives and the Committee on the Judiciary 
     of the Senate a report that contains a compilation of the 
     information contained in reports submitted under paragraph 
     (1).

[[Page S196]]

       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated from the Violent Crime 
     Reduction Trust Fund established under section 310001 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14211) to carry out this section--
       ``(1) $25,000,000 for each of fiscal years 2002 through 
     2003; and
       ``(2) $30,000,000 for each of fiscal years 2004 and 
     2005.''.

     SEC. 3203. FAMILY UNITY DEMONSTRATION PROJECT.

       Section 31904(a) of the Family Unity Demonstration Project 
     Act (42 U.S.C. 13883(a)) is amended--
       (1) by striking ``1997'' and inserting ``2002'';
       (2) by striking ``1998'' and inserting ``2003'';
       (3) by striking ``1999'' and inserting ``2004''; and
       (4) by striking ``2000'' and inserting ``2005''.

                       Subtitle C--Senior Safety

     SEC. 3301. SHORT TITLE.

       This subtitle may be cited as the ``Seniors Safety Act of 
     2001''.

     SEC. 3302. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) The number of older Americans is growing both 
     numerically and proportionally in the United States. Since 
     1990, the population of seniors has increased by almost 
     5,000,000, and is now 20.2 percent of the United States 
     population.
       (2) In 1997, 7 percent of victims of serious violent crime 
     were age 50 or older.
       (3) In 1997, 17.7 percent of murder victims were age 55 or 
     older.
       (4) According to the National Crime Victimization Survey, 
     persons aged 50 and older experienced approximately 673,460 
     incidents of violent crime, including rape and sexual 
     assaults, robberies and general assaults, during 1997.
       (5) Older victims of violent crime are almost twice as 
     likely as younger victims to be raped, robbed, or assaulted 
     at or in their own homes.
       (6) Approximately half of Americans who are 50 years old or 
     older feel afraid to walk alone at night in their own 
     neighborhoods.
       (7) Seniors over the age of 50 reportedly account for 37 
     percent of the estimated $40,000,000,000 in losses each year 
     due to telemarketing fraud.
       (8) In 1998, Congress enacted legislation to provide for 
     increased penalties for telemarketing fraud that targets 
     seniors.
       (9) There has not been a comprehensive study of crimes 
     committed against seniors since 1994.
       (10) It has been estimated that approximately 43 percent of 
     those turning 65 can expect to spend some time in a long-term 
     care facility, and approximately 20 percent can expect to 
     spend 5 years or longer in a such a facility.
       (11) In 1997, approximately $82,800,000,000 was spent on 
     nursing home care in the United States and over half of this 
     amount was spent by the medicaid and medicare programs.
       (12) Losses to fraud and abuse in health care reportedly 
     cost the United States an estimated $100,000,000,000 in 1996.
       (13) The Inspector General for the Department of Health and 
     Human Services has estimated that about $12,600,000,000 in 
     improper medicare benefit payments, due to inadvertent 
     mistake, fraud and abuse, were made during fiscal year 1998.
       (14) Incidents of health care fraud and abuse remain high 
     despite awareness of the problem.
       (b) Purposes.--The purposes of this subtitle are to--
       (1) combat nursing home fraud and abuse;
       (2) enhance safeguards for pension plans and health care 
     programs;
       (3) develop strategies for preventing and punishing crimes 
     that target or otherwise disproportionately affect seniors by 
     collecting appropriate data to measure the extent of crimes 
     committed against seniors and determine the extent of 
     domestic and elder abuse of seniors; and
       (4) prevent and deter criminal activity, such as 
     telemarketing fraud, that results in economic and physical 
     harm against seniors and ensure appropriate restitution.

     SEC. 3303. DEFINITIONS.

       In this subtitle--
       (1) the term ``crime'' means any criminal offense under 
     Federal or State law;
       (2) the term ``nursing home'' means any institution or 
     residential care facility defined as such for licensing 
     purposes under State law, or if State law does not employ the 
     term nursing home, the equivalent term or terms as determined 
     by the Secretary of Health and Human Services, pursuant to 
     section 1908(e) of the Social Security Act (42 U.S.C. 
     1396g(e)); and
       (3) the term ``senior'' means an individual who is more 
     than 55 years of age.

                PART 1--COMBATING CRIMES AGAINST SENIORS

     SEC. 3311. ENHANCED SENTENCING PENALTIES BASED ON AGE OF 
                   VICTIM.

       (a) Directive to the United States Sentencing Commission.--
     Pursuant to its authority under section 994(p) of title 28, 
     United States Code, and in accordance with this section, the 
     United States Sentencing Commission shall review and, if 
     appropriate, amend section 3A1.1(a) of the Federal sentencing 
     guidelines to include the age of a crime victim as 1 of the 
     criteria for determining whether the application of a 
     sentencing enhancement is appropriate.
       (b) Requirements.--In carrying out this section, the 
     Commission shall--
       (1) ensure that the Federal sentencing guidelines and the 
     policy statements of the Commission reflect the serious 
     economic and physical harms associated with criminal activity 
     targeted at seniors due to their particular vulnerability;
       (2) consider providing increased penalties for persons 
     convicted of offenses in which the victim was a senior in 
     appropriate circumstances;
       (3) consult with individuals or groups representing 
     seniors, law enforcement agencies, victims organizations, and 
     the Federal judiciary, as part of the review described in 
     subsection (a);
       (4) ensure reasonable consistency with other Federal 
     sentencing guidelines and directives;
       (5) account for any aggravating or mitigating circumstances 
     that may justify exceptions, including circumstances for 
     which the Federal sentencing guidelines provide sentencing 
     enhancements;
       (6) make any necessary conforming changes to the Federal 
     sentencing guidelines; and
       (7) ensure that the Federal sentencing guidelines 
     adequately meet the purposes of sentencing set forth in 
     section 3553(a)(2) of title 18, United States Code.
       (c) Report.--Not later than December 31, 2002, the 
     Commission shall submit to Congress a report on issues 
     relating to the age of crime victims, which shall include--
       (1) an explanation of any changes to sentencing policy made 
     by the Commission under this section; and
       (2) any recommendations of the Commission for retention or 
     modification of penalty levels, including statutory penalty 
     levels, for offenses involving seniors.

     SEC. 3312. STUDY AND REPORT ON HEALTH CARE FRAUD SENTENCES.

       (a) Directive to the United States Sentencing Commission.--
     Pursuant to its authority under section 994(p) of title 28, 
     United States Code, and in accordance with this section, the 
     United States Sentencing Commission shall review and, if 
     appropriate, amend the Federal sentencing guidelines and the 
     policy statements of the Commission with respect to persons 
     convicted of offenses involving fraud in connection with a 
     health care benefit program (as defined in section 24(b) of 
     title 18, United States Code).
       (b) Requirements.--In carrying out this section, the 
     Commission shall--
       (1) ensure that the Federal sentencing guidelines and the 
     policy statements of the Commission reflect the serious harms 
     associated with health care fraud and the need for aggressive 
     and appropriate law enforcement action to prevent such fraud;
       (2) consider providing increased penalties for persons 
     convicted of health care fraud in appropriate circumstances;
       (3) consult with individuals or groups representing victims 
     of health care fraud, law enforcement agencies, the health 
     care industry, and the Federal judiciary as part of the 
     review described in subsection (a);
       (4) ensure reasonable consistency with other Federal 
     sentencing guidelines and directives;
       (5) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including circumstances for 
     which the Federal sentencing guidelines provide sentencing 
     enhancements;
       (6) make any necessary conforming changes to the Federal 
     sentencing guidelines; and
       (7) ensure that the Federal sentencing guidelines 
     adequately meet the purposes of sentencing as set forth in 
     section 3553(a)(2) of title 18, United States Code.
       (c) Report.--Not later than December 31, 2002, the 
     Commission shall submit to Congress a report on issues 
     relating to offenses described in subsection (a), which shall 
     include--
       (1) an explanation of any changes to sentencing policy made 
     by the Commission under this section; and
       (2) any recommendations of the Commission for retention or 
     modification of penalty levels, including statutory penalty 
     levels, for those offenses.

     SEC. 3313. INCREASED PENALTIES FOR FRAUD RESULTING IN SERIOUS 
                   INJURY OR DEATH.

       Sections 1341 and 1343 of title 18, United States Code, are 
     each amended by inserting before the last sentence the 
     following: ``If the violation results in serious bodily 
     injury (as defined in section 1365 of this title), such 
     person shall be fined under this title, imprisoned not more 
     than 20 years, or both, and if the violation results in 
     death, such person shall be fined under this title, 
     imprisoned for any term of years or life, or both.''.

     SEC. 3314. SAFEGUARDING PENSION PLANS FROM FRAUD AND THEFT.

       (a) In General.--Chapter 63 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1348. Fraud in relation to retirement arrangements

       ``(a) Retirement Arrangement Defined.--In this section--
       ``(1) In general.--The term `retirement arrangement' 
     means--
       ``(A) any employee pension benefit plan subject to any 
     provision of title I of the Employee Retirement Income 
     Security Act of 1974;
       ``(B) any qualified retirement plan within the meaning of 
     section 4974(c) of the Internal Revenue Code of 1986;

[[Page S197]]

       ``(C) any medical savings account described in section 220 
     of the Internal Revenue Code of 1986; or
       ``(D) fund established within the Thrift Savings Fund by 
     the Federal Retirement Thrift Investment Board pursuant to 
     subchapter III of chapter 84 of title 5.
       ``(2) Exception for governmental plan.--Such term does not 
     include any governmental plan (as defined in section 3(32) of 
     title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1002(32))), except as provided in paragraph 
     (1)(D).
       ``(3) Certain arrangements included.--Such term shall 
     include any arrangement that has been represented to be an 
     arrangement described in any subparagraph of paragraph (1) 
     (whether or not so described).
       ``(b) Prohibition and Penalties.--Whoever executes, or 
     attempts to execute, a scheme or artifice--
       ``(1) to defraud any retirement arrangement or other person 
     in connection with the establishment or maintenance of a 
     retirement arrangement; or
       ``(2) to obtain, by means of false or fraudulent pretenses, 
     representations, or promises, any of the money or property 
     owned by, or under the custody or control of, any retirement 
     arrangement or other person in connection with the 
     establishment or maintenance of a retirement arrangement;
     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(c) Enforcement.--
       ``(1) In general.--Subject to paragraph (2), the Attorney 
     General may investigate any violation of and otherwise 
     enforce this section.
       ``(2) Effect on other authority.--Nothing in this 
     subsection may be construed to preclude the Secretary of 
     Labor or the head of any other appropriate Federal agency 
     from investigating a violation of this section in relation to 
     a retirement arrangement subject to title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.) or any other provision of Federal law.''.
       (b) Technical Amendment.--Section 24(a)(1) of title 18, 
     United States Code, is amended by inserting ``1348,'' after 
     ``1347,''.
       (c) Conforming Amendment.--The analysis for chapter 63 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1348. Fraud in relation to retirement arrangements.''.

     SEC. 3315. ADDITIONAL CIVIL PENALTIES FOR DEFRAUDING PENSION 
                   PLANS.

       (a) In General.--
       (1) Action by attorney general.--Except as provided in 
     subsection (b)--
       (A) the Attorney General may bring a civil action in the 
     appropriate district court of the United States against any 
     person who engages in conduct constituting an offense under 
     section 1348 of title 18, United States Code, or conspiracy 
     to violate such section 1348; and
       (B) upon proof of such conduct by a preponderance of the 
     evidence, such person shall be subject to a civil penalty in 
     an amount equal to the greatest of--
       (i) the amount of pecuniary gain to that person;
       (ii) the amount of pecuniary loss sustained by the victim; 
     or
       (iii) not more than--

       (I) $50,000 for each such violation in the case of an 
     individual; or
       (II) $100,000 for each violation in the case of a person 
     other than an individual.

       (2) No effect on other remedies.--The imposition of a civil 
     penalty under this subsection does not preclude any other 
     statutory, common law, or administrative remedy available by 
     law to the United States or any other person.
       (b) Exception.--No civil penalty may be imposed pursuant to 
     subsection (a) with respect to conduct involving a retirement 
     arrangement that--
       (1) is an employee pension benefit plan subject to title I 
     of Employee Retirement Income Security Act of 1974; and
       (2) for which the civil penalties may be imposed under 
     section 502 of Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1132).
       (c) Determination of Penalty Amount.--In determining the 
     amount of the penalty under subsection (a), the district 
     court may consider the effect of the penalty on the violator 
     or other person's ability to--
       (1) restore all losses to the victims; or
       (2) provide other relief ordered in another civil or 
     criminal prosecution related to such conduct, including any 
     penalty or tax imposed on the violator or other person 
     pursuant to the Internal Revenue Code of 1986.''.

     SEC. 3316. PUNISHING BRIBERY AND GRAFT IN CONNECTION WITH 
                   EMPLOYEE BENEFIT PLANS.

       Section 1954 of title 18, United State Code, is amended to 
     read as follows:

     ``Sec. 1954. Bribery and graft in connection with employee 
       benefit plans

       ``(a) Definitions.--In this section--
       ``(1) the term `employee benefit plan' means any employee 
     welfare benefit plan or employee pension benefit plan subject 
     to any provision of title I of the Employee Retirement Income 
     Security Act of 1974;
       ``(2) the terms `employee organization', `administrator', 
     and `employee benefit plan sponsor' mean any employee 
     organization, administrator, or plan sponsor, as defined in 
     title I of the Employment Retirement Income Security Act of 
     1974; and
       ``(3) the term `applicable person' means a person who is--
       ``(A) an administrator, officer, trustee, custodian, 
     counsel, agent, or employee of any employee benefit plan;
       ``(B) an officer, counsel, agent, or employee of an 
     employer or an employer any of whose employees are covered by 
     such plan;
       ``(C) an officer, counsel, agent, or employee of an 
     employee organization any of whose members are covered by 
     such plan;
       ``(D) a person who, or an officer, counsel, agent, or 
     employee of an organization that, provides benefit plan 
     services to such plan; or
       ``(E) a person with actual or apparent influence or 
     decisionmaking authority in regard to such plan.
       ``(b) Bribery and Graft.--Whoever--
       ``(1) being an applicable person, receives or agrees to 
     receive or solicits, any fee, kickback, commission, gift, 
     loan, money, or thing of value, personally or for any other 
     person, because of or with the intent to be corruptly 
     influenced with respect to any action, decision, or duty of 
     that applicable person relating to any question or matter 
     concerning an employee benefit plan;
       ``(2) directly or indirectly, gives or offers, or promises 
     to give or offer, any fee, kickback, commission, gift, loan, 
     money, or thing of value, to any applicable person, because 
     of or with the intent to be corruptly influenced with respect 
     to any action, decision, or duty of that applicable person 
     relating to any question or matter concerning an employee 
     benefit plan; or
       ``(3) attempts to give, accept, or receive any thing of 
     value with the intent to be corruptly influenced in violation 
     of this subsection;
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(c) Exceptions.--Nothing in this section may be construed 
     to apply to any--
       ``(1) payment to or acceptance by any person of bona fide 
     salary, compensation, or other payments made for goods or 
     facilities actually furnished or for services actually 
     performed in the regular course of his duties as an 
     applicable person; or
       ``(2) payment to or acceptance in good faith by any 
     employee benefit plan sponsor, or person acting on the 
     sponsor's behalf, of any thing of value relating to the 
     sponsor's decision or action to establish, terminate, or 
     modify the governing instruments of an employee benefit plan 
     in a manner that does not violate title I of the Employee 
     Retirement Income Security Act of 1974, or any regulation or 
     order promulgated thereunder, or any other provision of law 
     governing the plan.''.

                 PART 2--PREVENTING TELEMARKETING FRAUD

     SEC. 3321. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION 
                   SERVICE FOR VICTIMS OF TELEMARKETING FRAUD.

       (a) Centralized Service.--
       (1) Requirement.--The Federal Trade Commission shall, after 
     consultation with the Attorney General, establish procedures 
     to--
       (A) log and acknowledge the receipt of complaints by 
     individuals who certify that they have a reasonable belief 
     that they have been the victim of fraud in connection with 
     the conduct of telemarketing (as that term is defined in 
     section 2325 of title 18, United States Code, as amended by 
     section 3322(a) of this Act);
       (B) provide to individuals described in subparagraph (A), 
     and to any other persons, information on telemarketing fraud, 
     including--
       (i) general information on telemarketing fraud, including 
     descriptions of the most common telemarketing fraud schemes;
       (ii) information on means of referring complaints on 
     telemarketing fraud to appropriate law enforcement agencies, 
     including the Director of the Federal Bureau of 
     Investigation, the attorneys general of the States, and the 
     national toll-free telephone number on telemarketing fraud 
     established by the Attorney General; and
       (iii) information, if available, on the number of 
     complaints of telemarketing fraud against particular 
     companies and any record of convictions for telemarketing 
     fraud by particular companies for which a specific request 
     has been made; and
       (C) refer complaints described in subparagraph (A) to 
     appropriate entities, including State consumer protection 
     agencies or entities and appropriate law enforcement 
     agencies, for potential law enforcement action.
       (2) Central location.--The service under the procedures 
     under paragraph (1) shall be provided at and through a single 
     site selected by the Commission for that purpose.
       (3) Commencement.--The Commission shall commence carrying 
     out the service not later than 1 year after the date of 
     enactment of this Act.
       (b) Creation of Fraud Conviction Database.--
       (1) Requirement.--The Attorney General shall establish and 
     maintain a computer database containing information on the 
     corporations and companies convicted of offenses for 
     telemarketing fraud under Federal and State law. The database 
     shall include a description of the type and method of the 
     fraud scheme for which each corporation or company covered by 
     the database was convicted.
       (2) Use of database.--The Attorney General shall make 
     information in the database available to the Federal Trade 
     Commission for purposes of providing information as part of 
     the service under subsection (a).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such

[[Page S198]]

     sums as may be necessary to carry out this section.

     SEC. 3322. BLOCKING OF TELEMARKETING SCAMS.

       (a) Expansion of Scope of Telemarketing Fraud Subject to 
     Enhanced Criminal Penalties.--Section 2325(1) of title 18, 
     United States Code, is amended by striking ``telephone 
     calls'' and inserting ``wire communications utilizing a 
     telephone service''.
       (b) Blocking or Termination of Telephone Service Associated 
     With Telemarketing Fraud.--
       (1) In general.--Chapter 113A of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2328. Blocking or termination of telephone service

       ``(a) In General.--If a common carrier subject to the 
     jurisdiction of the Federal Communications Commission is 
     notified in writing by the Attorney General, acting within 
     the Attorney General's jurisdiction, that any wire 
     communications facility furnished by such common carrier is 
     being used or will be used by a subscriber for the purpose of 
     transmitting or receiving a wire communication in interstate 
     or foreign commerce for the purpose of executing any scheme 
     or artifice to defraud, or for obtaining money or property by 
     means of false or fraudulent pretenses, representations, or 
     promises, in connection with the conduct of telemarketing, 
     the common carrier shall discontinue or refuse the leasing, 
     furnishing, or maintaining of the facility to or for the 
     subscriber after reasonable notice to the subscriber.
       ``(b) Prohibition on Damages.--No damages, penalty, or 
     forfeiture, whether civil or criminal, shall be found or 
     imposed against any common carrier for any act done by the 
     common carrier in compliance with a notice received from the 
     Attorney General under this section.
       ``(c) Relief.--
       ``(1) In general.--Nothing in this section may be construed 
     to prejudice the right of any person affected thereby to 
     secure an appropriate determination, as otherwise provided by 
     law, in a Federal court, that--
       ``(A) the leasing, furnishing, or maintaining of a facility 
     should not be discontinued or refused under this section; or
       ``(B) the leasing, furnishing, or maintaining of a facility 
     that has been so discontinued or refused should be restored.
       ``(2) Supporting information.--In any action brought under 
     this subsection, the court may direct that the Attorney 
     General present evidence in support of the notice made under 
     subsection (a) to which such action relates.
       ``(d) Definitions.--In this section:
       ``(1) Reasonable notice to the subscriber.--
       ``(A) In general.--The term `reasonable notice to the 
     subscriber', in the case of a subscriber of a common carrier, 
     means any information necessary to provide notice to the 
     subscriber that--
       ``(i) the wire communications facilities furnished by the 
     common carrier may not be used for the purpose of 
     transmitting, receiving, forwarding, or delivering a wire 
     communication in interstate or foreign commerce for the 
     purpose of executing any scheme or artifice to defraud in 
     connection with the conduct of telemarketing; and
       ``(ii) such use constitutes sufficient grounds for the 
     immediate discontinuance or refusal of the leasing, 
     furnishing, or maintaining of the facilities to or for the 
     subscriber.
       ``(B) Included matter.--The term includes any tariff filed 
     by the common carrier with the Federal Communications 
     Commission that contains the information specified in 
     subparagraph (A).
       ``(2) Wire communication.--The term `wire communication' 
     has the meaning given that term in section 2510(1) of this 
     title.
       ``(3) Wire communications facility.--The term `wire 
     communications facility' means any facility (including 
     instrumentalities, personnel, and services) used by a common 
     carrier for purposes of the transmission, receipt, 
     forwarding, or delivery of wire communications.''.
       (2) Conforming amendment.--The analysis for that chapter is 
     amended by adding at the end the following:

``2328. Blocking or termination of telephone service.''.

                  PART 3--PREVENTING HEALTH CARE FRAUD

     SEC. 3331. INJUNCTIVE AUTHORITY RELATING TO FALSE CLAIMS AND 
                   ILLEGAL KICKBACK SCHEMES INVOLVING FEDERAL 
                   HEALTH CARE PROGRAMS.

       (a) In General.--Section 1345(a) of title 18, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``, or'' and inserting 
     a semicolon;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by inserting after subparagraph (C) the following:
       ``(D) committing or about to commit an offense under 
     section 1128B of the Social Security Act (42 U.S.C. 1320a-
     7b);''; and
       (2) in paragraph (2), by inserting ``a violation of 
     paragraph (1)(D) or'' before ``a banking''.
       (b) Civil Actions.--
       (1) In general.--Section 1128B of the Social Security Act 
     (42 U.S.C. 1320a-7b) is amended by adding at the end the 
     following:
       ``(g) Civil Actions.--
       ``(1) In general.--The Attorney General may bring an action 
     in the appropriate district court of the United States to 
     impose upon any person who carries out any activity in 
     violation of this section with respect to a Federal health 
     care program a civil penalty of not more than $50,000 for 
     each such violation, or damages of 3 times the total 
     remuneration offered, paid, solicited, or received, whichever 
     is greater.
       ``(2) Existence of violation.--A violation exists under 
     paragraph (1) if 1 or more purposes of the remuneration is 
     unlawful, and the damages shall be the full amount of such 
     remuneration.
       ``(3) Procedures.--An action under paragraph (1) shall be 
     governed by--
       ``(A) the procedures with regard to subpoenas, statutes of 
     limitations, standards of proof, and collateral estoppel set 
     forth in section 3731 of title 31, United States Code; and
       ``(B) the Federal Rules of Civil Procedure.
       ``(4) No effect on other remedies.--Nothing in this section 
     may be construed to affect the availability of any other 
     criminal or civil remedy.
       ``(h) Injunctive Relief.--The Attorney General may commence 
     a civil action in an appropriate district court of the United 
     States to enjoin a violation of this section, as provided in 
     section 1345 of title 18, United States Code.''.
       (2) Conforming amendment.--The heading of section 1128B of 
     the Social Security Act (42 U.S.C. 1320a-7b) is amended by 
     inserting ``AND CIVIL'' after ``CRIMINAL''.

     SEC. 3332. AUTHORIZED INVESTIGATIVE DEMAND PROCEDURES.

       Section 3486 of title 18, United States Code, is amended--
       (1) in subsection (a), by inserting ``, or any allegation 
     of fraud or false claims (whether criminal or civil) in 
     connection with a Federal health care program (as defined in 
     section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-
     7b(f))),'' after ``Federal health care offense,''; and
       (2) by adding at the end the following:
       ``(f) Privacy Protection.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     record (including any book, paper, document, electronic 
     medium, or other object or tangible thing) produced pursuant 
     to a subpoena issued under this section that contains 
     personally identifiable health information may not be 
     disclosed to any person, except pursuant to a court order 
     under subsection (e)(1).
       ``(2) Exceptions.--A record described in paragraph (1) may 
     be disclosed--
       ``(A) to an attorney for the government for use in the 
     performance of the official duty of the attorney (including 
     presentation to a Federal grand jury);
       ``(B) to such government personnel (including personnel of 
     a State or subdivision of a State) as are determined to be 
     necessary by an attorney for the government to assist an 
     attorney for the government in the performance of the 
     official duty of that attorney to enforce Federal criminal 
     law;
       ``(C) as directed by a court preliminarily to or in 
     connection with a judicial proceeding; and
       ``(D) as permitted by a court--
       ``(i) at the request of a defendant in an administrative, 
     civil, or criminal action brought by the United States, upon 
     a showing that grounds may exist for a motion to exclude 
     evidence obtained under this section; or
       ``(E) at the request of an attorney for the government, 
     upon a showing that such matters may disclose a violation of 
     State criminal law, to an appropriate official of a State or 
     subdivision of a State for the purpose of enforcing such law.
       ``(3) Manner of court ordered disclosures.--If a court 
     orders the disclosure of any record described in paragraph 
     (1), the disclosure shall be made in such manner, at such 
     time, and under such conditions as the court may direct and 
     shall be undertaken in a manner that preserves the 
     confidentiality and privacy of individuals who are the 
     subject of the record, unless disclosure is required by the 
     nature of the proceedings, in which event the attorney for 
     the government shall request that the presiding judicial or 
     administrative officer enter an order limiting the disclosure 
     of the record to the maximum extent practicable, including 
     redacting the personally identifiable health information from 
     publicly disclosed or filed pleadings or records.
       ``(4) Destruction of records.--Any record described in 
     paragraph (1), and all copies of that record, in whatever 
     form (including electronic) shall be destroyed not later than 
     90 days after the date on which the record is produced, 
     unless otherwise ordered by a court of competent 
     jurisdiction, upon a showing of good cause.
       ``(5) Effect of violation.--Any person who knowingly fails 
     to comply with this subsection may be punished as in contempt 
     of court.
       ``(g) Personally Identifiable Health Information Defined.--
     In this section, the term `personally identifiable health 
     information' means any information, including genetic 
     information, demographic information, and tissue samples 
     collected from an individual, whether oral or recorded in any 
     form or medium, that--
       ``(1) relates to the past, present, or future physical or 
     mental health or condition of an individual, the provision of 
     health care to an individual, or the past, present, or future 
     payment for the provision of health care to an individual; 
     and
       ``(2) either--
       ``(A) identifies an individual; or

[[Page S199]]

       ``(B) with respect to which there is a reasonable basis to 
     believe that the information can be used to identify an 
     individual.''.

     SEC. 3333. EXTENDING ANTIFRAUD SAFEGUARDS TO THE FEDERAL 
                   EMPLOYEE HEALTH BENEFITS PROGRAM.

       Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 
     1320a-7b(f)(1)) is amended by striking ``(other than the 
     health insurance program under chapter 89 of title 5, United 
     States Code)''.

     SEC. 3334. GRAND JURY DISCLOSURE.

       Section 3322 of title 18, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Grand Jury Disclosure.--Subject to section 3486(f), 
     upon ex parte motion of an attorney for the government 
     showing that such disclosure would be of assistance to 
     enforce any provision of Federal law, a court may direct the 
     disclosure of any matter occurring before a grand jury during 
     an investigation of a Federal health care offense (as defined 
     in section 24(a) of this title) to an attorney for the 
     government to use in any investigation or civil proceeding 
     relating to fraud or false claims in connection with a 
     Federal health care program (as defined in section 1128B(f) 
     of the Social Security Act (42 U.S.C. 1320a-7b(f))).''.

     SEC. 3335. INCREASING THE EFFECTIVENESS OF CIVIL 
                   INVESTIGATIVE DEMANDS IN FALSE CLAIMS 
                   INVESTIGATIONS.

       Section 3733 of title 31, United States Code, is amended--
       (1) in subsection (a)(1), in the second sentence, by 
     inserting ``, except to the Deputy Attorney General or to an 
     Assistant Attorney General'' before the period at the end; 
     and
       (2) in subsection (i)(2)(C), by adding at the end the 
     following: ``Disclosure of information to a person who brings 
     a civil action under section 3730, or such person's counsel, 
     shall be allowed only upon application to a United States 
     district court showing that such disclosure would assist the 
     Department of Justice in carrying out its statutory 
     responsibilities.''.

         PART 4--PROTECTING THE RIGHTS OF ELDERLY CRIME VICTIMS

     SEC. 3341. USE OF FORFEITED FUNDS TO PAY RESTITUTION TO CRIME 
                   VICTIMS AND REGULATORY AGENCIES.

       Section 981(e) of title 18, United States Code, is 
     amended--
       (1) in each of paragraphs (3), (4), and (5), by striking 
     ``in the case of property referred to in subsection 
     (a)(1)(C)'' and inserting ``in the case of property forfeited 
     in connection with an offense resulting in a pecuniary loss 
     to a financial institution or regulatory agency'';
       (2) by striking paragraph (6) and inserting the following:
       ``(6) as restoration to any victim of the offense giving 
     rise to the forfeiture, including, in the case of a money 
     laundering offense, any offense constituting the underlying 
     specified unlawful activity; or''; and
       (3) in paragraph (7), by striking ``in the case of property 
     referred to in subsection (a)(1)(D)'' and inserting ``in the 
     case of property forfeited in connection with an offense 
     relating to the sale of assets acquired or held by any 
     Federal financial institution or regulatory agency, or person 
     appointed by such agency, as receiver, conservator, or 
     liquidating agent for an financial institution''.

     SEC. 3342. VICTIM RESTITUTION.

       Section 413 of the Controlled Substances Act (21 U.S.C. 
     853) is amended by adding at the end the following:
       ``(r) Victim Restitution.--
       ``(1) Satisfaction of order of restitution.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a defendant may not use property subject to forfeiture under 
     this section to satisfy an order of restitution.
       ``(B) Exception.--If there are 1 or more identifiable 
     victims entitled to restitution from a defendant, and the 
     defendant has no assets other than the property subject to 
     forfeiture with which to pay restitution to the victim or 
     victims, the attorney for the Government may move to dismiss 
     a forfeiture allegation against the defendant before entry of 
     a judgment of forfeiture in order to allow the property to be 
     used by the defendant to pay restitution in whatever manner 
     the court determines to be appropriate if the court grants 
     the motion. In granting a motion under this subparagraph, the 
     court shall include a provision ensuring that costs 
     associated with the identification, seizure, management, and 
     disposition of the property are recovered by the United 
     States.
       ``(2) Restoration of forfeited property.--
       ``(A) In general.--If an order of forfeiture is entered 
     pursuant to this section and the defendant has no assets 
     other than the forfeited property to pay restitution to 1 or 
     more identifiable victims who are entitled to restitution, 
     the Government shall restore the forfeited property to the 
     victims pursuant to subsection (i)(1) once the ancillary 
     proceeding under subsection (n) has been completed and the 
     costs of the forfeiture action have been deducted.
       ``(B) Distribution of property.--On motion of the attorney 
     for the Government, the court may enter any order necessary 
     to facilitate the distribution of any property restored under 
     this paragraph.
       ``(3) Victim defined.--In this subsection, the term 
     `victim'--
       ``(A) means a person other than a person with a legal 
     right, title, or interest in the forfeited property 
     sufficient to satisfy the standing requirements of subsection 
     (n)(2) who may be entitled to restitution from the forfeited 
     funds pursuant to section 9.8 of part 9 of title 28, Code of 
     Federal Regulations (or any successor to that regulation); 
     and
       ``(B) includes any person who is the victim of the offense 
     giving rise to the forfeiture, or of any offense that was 
     part of the same scheme, conspiracy, or pattern of criminal 
     activity, including, in the case of a money laundering 
     offense, any offense constituting the underlying specified 
     unlawful activity.''.

     SEC. 3343. BANKRUPTCY PROCEEDINGS NOT USED TO SHIELD ILLEGAL 
                   GAINS FROM FALSE CLAIMS.

       (a) Certain Actions Not Stayed by Bankruptcy Proceedings.--
       (1) In general.--Notwithstanding any other provision of 
     law, the commencement or continuation of an action under 
     section 3729 of title 31, United States Code, does not 
     operate as a stay under section 105(a) or 362(a)(1) of title 
     11, United States Code.
       (2) Conforming amendment.--Section 362(b) of title 11, 
     United States Code, is amended--
       (A) in paragraph (17), by striking ``or'' at the end;
       (B) in paragraph (18), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(19) the commencement or continuation of an action under 
     section 3729 of title 31.''.
       (b) Certain Debts Not Dischargeable in Bankruptcy.--Section 
     523 of title 11, United States Code, is amended by adding at 
     the end the following:
       ``(f) A discharge under section 727, 1141, 1228(a), 
     1228(b), or 1328(b) does not discharge a debtor from a debt 
     owed for violating section 3729 of title 31.''.
       (c) Repayment of Certain Debts Considered Final.--
       (1) In general.--Chapter 1 of title 11, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 111. False claims

       ``No transfer on account of a debt owed to the United 
     States for violating 3729 of title 31, or under a compromise 
     order or other agreement resolving such a debt may be avoided 
     under section 544, 545, 547, 548, 549, 553(b), or 742(a).''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 11, United States Code, is amended by adding at the end 
     the following:

``111. False claims.''.

     SEC. 3344. FORFEITURE FOR RETIREMENT OFFENSES.

       (a) Criminal Forfeiture.--Section 982(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(9) Criminal Forfeiture.--
       ``(A) In general.--The court, in imposing sentence on a 
     person convicted of a retirement offense, shall order the 
     person to forfeit property, real or personal, that 
     constitutes or that is derived, directly or indirectly, from 
     proceeds traceable to the commission of the offense.
       ``(B) Retirement offense defined.--In this paragraph, the 
     term `retirement offense' means a violation of any of the 
     following provisions of law, if the violation, conspiracy, or 
     solicitation relates to a retirement arrangement (as defined 
     in section 1348 of title 18, United States Code):
       ``(i) Section 664, 1001, 1027, 1341, 1343, 1348, 1951, 
     1952, or 1954 of title 18, United States Code.
       ``(ii) Sections 411, 501, or 511 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1111, 1131, 1141).''.
       (b) Civil Forfeiture.--Section 981(a)(1) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(G) Any property, real or personal, that constitutes or 
     is derived, directly or indirectly, from proceeds traceable 
     to the commission of a violation of, a criminal conspiracy to 
     violated or solicitation to commit a crime of violence 
     involving a retirement offense (as defined in section 
     982(a)(9)(B)).''.

             Subtitle D--Violent Crime Reduction Trust Fund

     SEC. 3401. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

       (a) In General.--Section 310001(b) of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) is 
     amended by striking paragraphs (1) through (5) and inserting 
     the following:
       ``(1) for fiscal year 2002, $6,169,000,000;
       ``(2) for fiscal year 2003, $6,316,000,000;
       ``(3) for fiscal year 2004, $6,458,000,000; and
       ``(4) for fiscal year 2005, $6,616,000,000.''.
       (b) Discretionary Limits.--Title XXXI of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211 et 
     seq.) is amended by inserting after section 310001 the 
     following:

     ``SEC. 310002. DISCRETIONARY LIMITS.

       ``For the purposes of allocations made for the 
     discretionary category under section 302(a) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(a)), the term 
     `discretionary spending limit' means--
       ``(1) with respect to fiscal year 2002--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, 
     $6,169,000,000 in new budget authority and $6,020,000,000 in 
     outlays;

[[Page S200]]

       ``(2) with respect to fiscal year 2003--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, 
     $6,316,000,000 in new budget authority and $6,161,000,000 in 
     outlays;
       ``(3) with respect to fiscal year 2004--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, 
     $6,459,000,000 in new budget authority and $6,303,000,000 in 
     outlays; and
       ``(4) with respect to fiscal year 2005--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, $6,616,000 
     in new budget authority and $6,452,000,000 in outlays;
     as adjusted in accordance with section 251(b) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)) and section 314 of the Congressional Budget Act of 
     1974.''.

           TITLE IV--BREAKING THE CYCLE OF DRUGS AND VIOLENCE

  Subtitle A--Drug Courts, Drug Treatment, and Alternative Sentencing

                    PART 1--EXPANSION OF DRUG COURTS

     SEC. 4111. REAUTHORIZATION OF DRUG COURTS PROGRAM.

       (a) Repeal.--Section 114(b)(1)(A) of title I of Public Law 
     104-134 is repealed.
       (b) Reauthorization.--Section 1001(a)(20) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)(20)) is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(G) $400,000,000 for fiscal year 2002; and
       ``(H) $400,000,000 for fiscal year 2003.''.

     SEC. 4112. JUVENILE DRUG COURTS.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
     after part BB the following:

                     ``PART Z--JUVENILE DRUG COURTS

     ``SEC. 2976. GRANT AUTHORITY.

       ``(a) Appropriate Drug Court Programs.--The Attorney 
     General may make grants to States, State courts, local 
     courts, units of local government, and Indian tribes to 
     establish programs that--
       ``(1) involve continuous early judicial supervision over 
     juvenile offenders, other than violent juvenile offenders 
     with substance abuse, or substance abuse-related problems; 
     and
       ``(2) integrate administration of other sanctions and 
     services, including--
       ``(A) mandatory periodic testing for the use of controlled 
     substances or other addictive substances during any period of 
     supervised release or probation for each participant;
       ``(B) substance abuse treatment for each participant;
       ``(C) diversion, probation, or other supervised release 
     involving the possibility of prosecution, confinement, or 
     incarceration based on noncompliance with program 
     requirements or failure to show satisfactory progress;
       ``(D) programmatic, offender management, and aftercare 
     services such as relapse prevention, health care, education, 
     vocational training, job placement, housing placement, and 
     child care or other family support service for each 
     participant who requires such services;
       ``(E) payment by the offender of treatment costs, to the 
     extent practicable, such as costs for urinalysis or 
     counseling; or
       ``(F) payment by the offender of restitution, to the extent 
     practicable, to either a victim of the offense at issue or to 
     a restitution or similar victim support fund.
       ``(b) Continued Availability of Grant Funds.--Amounts made 
     available under this part shall remain available until 
     expended.

     ``SEC. 2977. PROHIBITION OF PARTICIPATION BY VIOLENT 
                   OFFENDERS.

       ``The Attorney General shall issue regulations and 
     guidelines to ensure that the programs authorized in this 
     part do not permit participation by violent offenders.

     ``SEC. 2978. DEFINITION.

       ``In this part, the term `violent offender' means an 
     individual charged with an offense during the course of 
     which--
       ``(1) the individual carried, possessed, or used a firearm 
     or dangerous weapon;
       ``(2) the death of or serious bodily injury of another 
     person occurred as a direct result of the commission of such 
     offense; or
       ``(3) the individual used force against the person of 
     another.

     ``SEC. 2979. ADMINISTRATION.

       ``(a) Regulatory Authority.--The Attorney General shall 
     issue any regulations and guidelines necessary to carry out 
     this part.
       ``(b) Applications.--In addition to any other requirements 
     that may be specified by the Attorney General, an application 
     for a grant under this part shall--
       ``(1) include a long term strategy and detailed 
     implementation plan;
       ``(2) explain the inability of the applicant to fund the 
     program adequately without Federal assistance;
       ``(3) certify that the Federal support provided will be 
     used to supplement, and not supplant, State, tribal, or local 
     sources of funding that would otherwise be available;
       ``(4) identify related governmental or community 
     initiatives that complement or will be coordinated with the 
     proposal;
       ``(5) certify that there has been appropriate consultation 
     with all affected agencies and that there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program;
       ``(6) certify that participating offenders will be 
     supervised by one or more designated judges with 
     responsibility for the drug court program;
       ``(7) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support; and
       ``(8) describe the methodology that will be used in 
     evaluating the program.

     ``SEC. 2980. APPLICATIONS.

       ``To request funds under this part, the chief executive or 
     the chief justice of a State, or the chief executive or chief 
     judge of a unit of local government or Indian tribe shall 
     submit an application to the Attorney General in such form 
     and containing such information as the Attorney General may 
     reasonably require.

     ``SEC. 2981. FEDERAL SHARE.

       ``(a) In General.--The Federal share of a grant made under 
     this part may not exceed 75 percent of the total costs of the 
     program described in the application submitted under section 
     2605 for the fiscal year for which the program receives 
     assistance under this part.
       ``(b) Waiver.--The Attorney General may waive, in whole or 
     in part, the requirement of a matching contribution under 
     subsection (a).
       ``(c) In-Kind Contributions.--In-kind contributions may 
     constitute a portion of the non-Federal share of a grant 
     under this part.

     ``SEC. 2982. DISTRIBUTION OF FUNDS.

       ``(a) Geographical Distribution.--The Attorney General 
     shall ensure that, to the extent practicable, an equitable 
     geographic distribution of grant awards is made.
       ``(b) Indian Tribes.--The Attorney General shall allocate 
     0.75 percent of amounts made available under this subtitle 
     for grants to Indian tribes.

     ``SEC. 2983. REPORT.

       ``A State, Indian tribe, or unit of local government that 
     receives funds under this part during a fiscal year shall 
     submit to the Attorney General, in March of the year 
     following receipt of a grant under this part, a report 
     regarding the effectiveness of programs established pursuant 
     to this part.

     ``SEC. 2984. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

       ``(a) Technical Assistance and Training.--The Attorney 
     General may provide technical assistance and training in 
     furtherance of the purposes of this part.
       ``(b) Evaluations.--In addition to any evaluation 
     requirements that may be prescribed for grantees, the 
     Attorney General may carry out or make arrangements for 
     evaluations of programs that receive support under this part.
       ``(c) Administration.--The technical assistance, training, 
     and evaluations authorized by this section may be carried out 
     directly by the Attorney General, in collaboration with the 
     Secretary of Health and Human Services, or through grants, 
     contracts, or other cooperative arrangements with other 
     entities.

     ``SEC. 2985. UNAWARDED FUNDS.

       ``The Attorney General may reallocate any grant funds that 
     are not awarded for juvenile drug courts under this part for 
     use for other juvenile delinquency and crime prevention 
     initiatives.

     ``SEC. 2986. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part from the Violent Crime Reduction Trust Fund--
       ``(1) such sums as may be necessary for each of fiscal 
     years 2002 and 2003;
       ``(2) $50,000,000 for fiscal year 2004; and
       ``(3) $50,000,000 for fiscal year 2005.''.

                  PART 2--ZERO TOLERANCE DRUG TESTING

     SEC. 4121. GRANT AUTHORITY.

       The Attorney General may make grants to States and units of 
     local government, State courts, local courts, and Indian 
     tribal governments, acting directly or through agreements 
     with other public or private entities, for programs that 
     support--
       (1) developing and/or implementing comprehensive drug 
     testing policies and practices with regard to criminal 
     justice populations; and
       (2) establishing appropriate interventions to illegal drug 
     use for offender populations. Applicants may choose to submit 
     joint proposals with other eligible criminal justice/court 
     agencies for systemic drug testing and intervention programs; 
     in this case, one organization must be designated as the 
     primary applicant.

[[Page S201]]

     SEC. 4122. ADMINISTRATION.

       (a) Consultation/Coordination.--In carrying out section 
     4121, the Attorney General shall coordinate with the other 
     Justice Department initiatives that address drug testing and 
     interventions in the criminal justice system.
       (b) Guidelines.--The Attorney General may issue guidelines 
     necessary to carry out section 4121.
       (c) Applications.--In addition to any other requirements 
     that may be specified by the Attorney General, an application 
     for a grant under section 4121 shall--
       (1) reflect a comprehensive approach that recognizes the 
     importance of collaboration and a continuum of testing, 
     treatment, and other interventions;
       (2) include a long-term strategy and detailed 
     implementation plan;
       (3) address the applicant's capability to continue the 
     proposed program following the conclusion of Federal support;
       (4) identify related governmental or community initiatives 
     which complement or will be coordinated with the proposal;
       (5) certify that there has been appropriate consultation 
     with affected agencies and key stakeholders throughout the 
     criminal justice system and that there will be continued 
     coordination throughout the implementation of the program; 
     and
       (6) describe the methodology that will be used in 
     evaluating the program.

     SEC. 4123. APPLICATIONS.

       To request funds under section 4121, interested applicants 
     shall submit an application to the Attorney General in such 
     form and containing such information as the Attorney General 
     may reasonably require. Federal funding shall be awarded on a 
     competitive basis based on criteria established by the 
     Attorney General and specified in program guidelines.

     SEC. 4124. FEDERAL SHARE.

       The Federal share of a grant made under section 4121 may 
     not exceed 75 percent of the total cost of the program 
     described in the application submitted for the fiscal year 
     for which the program receives assistance under section 4121, 
     unless the Attorney General waives, wholly or in part, the 
     requirement of a matching contribution under this section. 
     In-kind contributions may constitute a portion of the non-
     federal share of a grant.

     SEC. 4125. GEOGRAPHIC DISTRIBUTION.

       The Attorney General shall ensure that, to the extent 
     practicable, an equitable geographic distribution of grant 
     awards under section 4121 is made, with rural and tribal 
     jurisdiction representation.

     SEC. 4126. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

       (a) Technical Assistance and Training.--The Attorney 
     General shall provide technical assistance and training in 
     furtherance of the purposes of section 4121.
       (b) Evaluation.--In addition to any evaluation requirements 
     that may be prescribed for grantees, the Attorney General may 
     carry out or make arrangements for a rigorous evaluation of 
     the programs that receive support under section 4121.
       (c) Administration.--The technical assistance, training, 
     and evaluations authorized by this section may be carried out 
     directly by the Attorney General or through grants, 
     contracts, or cooperative agreements with other entities.

     SEC. 4127. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out 
     sections 4122 through 4126 $75,000,000 for fiscal year 2002 
     and such sums as may be necessary for fiscal years 2003 
     through 2006.

     SEC. 4128. PERMANENT SET-ASIDE FOR RESEARCH AND EVALUATION.

       The Attorney General shall reserve not less than 1 percent 
     and no more than 3 percent of the sums appropriated under 
     section 4127 in each fiscal year for research and evaluation 
     of this program.

     SEC. 4129. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER 
                   THE VIOLENT OFFENDER INCARCERATION AND TRUTH-
                   IN-SENTENCING GRANT PROGRAMS.

       Section 20105(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 13705(b)) is amended to 
     read as follows:
       ``(b) Additional Requirements.--
       ``(1) Eligibility for grant.--To be eligible to receive a 
     grant under section 20103 or section 20104, a State shall--
       ``(A) provide assurances to the Attorney General that the 
     State has implemented or will implement not later than 18 
     months after the date of the enactment of this subtitle, 
     policies that provide for the recognition of the rights of 
     crime victims; and
       ``(B) no later than September 1, 2002, have a program of 
     drug testing and intervention for appropriate categories of 
     convicted offenders during periods of incarceration and 
     criminal justice supervision, with sanctions including denial 
     or revocation of release for positive drug tests, consistent 
     with guidelines issued by the Attorney General.
       ``(2) Use of funds.--Funds provided under section 20103 or 
     section 20104 of this subtitle may be applied to the cost of 
     offender drug testing and appropriate intervention programs 
     during periods of incarceration and criminal justice 
     supervision, consistent with guidelines issued by the 
     Attorney General. Further, such funds may be used by the 
     States to pay the costs of providing to the Attorney 
     General a baseline study on their prison drug abuse 
     problem. Such studies shall be consistent with guidelines 
     issued by the Attorney General.
       ``(3) System of sanctions and penalties.--Beginning in 
     fiscal year 2002, and thereafter, States receiving funds 
     pursuant to section 20103 or section 20104 of this subtitle 
     shall have a system of sanctions and penalties that address 
     drug trafficking within and into correctional facilities 
     under their jurisdiction. Such systems shall be in accordance 
     with guidelines issued by the Attorney General. Beginning in 
     fiscal year 2002, and each year thereafter, any State that 
     the Attorney General determines not to be in compliance with 
     the provisions of this paragraph shall have the funds it 
     would have otherwise been eligible to receive under section 
     20103 or section 20104 reduced by 10 percent for each fiscal 
     year for which the Attorney General determines it does not 
     comply. Any funds that are not allocated for failure to 
     comply with this section shall be reallocated to States that 
     comply with this section.''.

                         PART 3--DRUG TREATMENT

     SEC. 4131. 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 CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS

     ``SEC. 2901. 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. 2902. 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. 2903. 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. 2904. GEOGRAPHIC DISTRIBUTION.

       ``The Attorney General shall ensure that, to the extent 
     practicable, the distribution of

[[Page S202]]

     grant awards is equitable and includes State or local 
     prosecutors--
       ``(1) in each State; and
       ``(2) in rural, suburban, and urban jurisdictions.

     ``SEC. 2905. 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. 2906. DEFINITIONS.

       ``In this part:
       ``(1) Eligible offender.--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 or 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.
       ``(2) Felony crime of violence.--The term `felony crime of 
     violence' has the meaning given such term in section 
     924(c)(3) of title 18, United States Code.
       ``(3) Major drug offense.--The term `major drug offense' 
     has the meaning given such term in section 36(a) of title 18, 
     United States Code.
       ``(4) State or local prosecutor.--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.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Street 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 CC--
       ``(A) $75,000,000 for fiscal year 2002;
       ``(B) $85,000,000 for fiscal year 2003;
       ``(C) $95,000,000 for fiscal year 2004;
       ``(D) $105,000,000 for fiscal year 2005; and
       ``(E) $125,000,000 for fiscal year 2006.''.

     SEC. 4132. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS 
                   REAUTHORIZATION.

       Section 3621(e)(4) of title 18, United States Code, is 
     amended by striking subparagraph (E) and inserting the 
     following:
       ``(E) $31,000,000 for fiscal year 2002; and
       ``(F) $38,000,000 for fiscal year 2003.''.

     SEC. 4133. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE 
                   PRISONERS REAUTHORIZATION

       (a) Reauthorization.--Paragraph (17) of section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)(17)) is amended to read as follows:
       ``(17) There are authorized to be appropriated to carry out 
     part S $100,000,000 for fiscal year 2002 and such sums as may 
     be necessary for fiscal years 2003 through 2007.''.
       (b) Use of Residential Substance Abuse Treatment Grants to 
     Provide For Services During and After Incarceration.--Section 
     1901 of title I of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796ff) is amended by adding at the 
     end the following:
       ``(c) Additional Use of Funds.--States that demonstrate 
     that they have existing in-prison drug treatment programs 
     that are in compliance with Federal requirements may use 
     funds awarded under this part for treatment and sanctions 
     both during incarceration and after release.''.

     SEC. 4134. DRUG TREATMENT FOR JUVENILES.

       Title V of the Public Health Service Act (42 U.S.C. 290aa 
     et seq.) is amended by adding at the end the following:

         ``PART G--RESIDENTIAL TREATMENT PROGRAMS FOR JUVENILES

     ``SEC. 575. RESIDENTIAL TREATMENT PROGRAMS FOR JUVENILES.

       ``(a) In General.--The Director of the Center for Substance 
     Abuse Treatment shall award grants to, or enter into 
     cooperative agreements or contracts, with public and 
     nonprofit private entities for the purpose of providing 
     treatment to juveniles for substance abuse through programs 
     in which, during the course of receiving such treatment the 
     juveniles reside in facilities made available by the 
     programs.
       ``(b) Availability of Services for Each Participant.--A 
     funding agreement for an award under subsection (a) for an 
     applicant is that, in the program operated pursuant to such 
     subsection--
       ``(1) treatment services will be available through the 
     applicant, either directly or through agreements with other 
     public or nonprofit private entities; and
       ``(2) the services will be made available to each person 
     admitted to the program.
       ``(c) Individualized Plan of Services.--A funding agreement 
     for an award under subsection (a) for an applicant is that--
       ``(1) in providing authorized services for an eligible 
     person pursuant to such subsection, the applicant will, in 
     consultation with the juvenile and, if appropriate the parent 
     or guardian of the juvenile, prepare an individualized plan 
     for the provision to the juvenile or young adult of the 
     services; and
       ``(2) treatment services under the plan will include--
       ``(A) individual, group, and family counseling, as 
     appropriate, regarding substance abuse; and
       ``(B) followup services to assist the juvenile or young 
     adult in preventing a relapse into such abuse.
       ``(d) Eligible Supplemental Services.--Grants under 
     subsection (a) may be used to provide an eligible juvenile, 
     the following services:
       ``(1) Hospital referrals.--Referrals for necessary hospital 
     services.
       ``(2) HIV and aids counseling.--Counseling on the human 
     immunodeficiency virus and on acquired immune deficiency 
     syndrome.
       ``(3) Domestic violence and sexual abuse counseling.--
     Counseling on domestic violence and sexual abuse.
       ``(4) Preparation for reentry into society.--Planning for 
     and counseling to assist reentry into society, both before 
     and after discharge, including referrals to any public or 
     nonprofit private entities in the community involved that 
     provide services appropriate for the juvenile.
       ``(e) Minimum Qualifications for Receipt of Award.--
       ``(1) Certification by relevant state agency.--With respect 
     to the principal agency of a State or Indian tribe that 
     administers programs relating to substance abuse, the 
     Director may award a grant to, or enter into a cooperative 
     agreement or contract with, an applicant only if the agency 
     or Indian tribe has certified to the Director that--
       ``(A) the applicant has the capacity to carry out a program 
     described in subsection (a);
       ``(B) the plans of the applicant for such a program are 
     consistent with the policies of such agency regarding the 
     treatment of substance abuse; and
       ``(C) the applicant, or any entity through which the 
     applicant will provide authorized services, meets all 
     applicable State licensure or certification requirements 
     regarding the provision of the services involved.
       ``(2) Status as medicaid provider.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Director may make a grant, or enter into a cooperative 
     agreement or contract, under subsection (a) only if, in the 
     case of any authorized service that is available pursuant to 
     the State plan approved under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) for the State 
     involved--
       ``(i) the applicant for the grant, cooperative agreement, 
     or contract will provide the service directly, and the 
     applicant has entered into a participation agreement under 
     the State plan and is qualified to receive payments under 
     such plan; or
       ``(ii) the applicant will enter into an agreement with a 
     public or nonprofit private entity under which the entity 
     will provide the service, and the entity has entered into 
     such a participation agreement plan and is qualified to 
     receive such payments.
       ``(B) Services.--
       ``(i) In general.--In the case of an entity making an 
     agreement pursuant to subparagraph (A)(ii) regarding the 
     provision of services, the requirement established in such 
     subparagraph regarding a participation agreement shall be 
     waived by the Director if the entity does not, in providing 
     health care services, impose a charge or accept reimbursement 
     available from any third party payor, including reimbursement 
     under any insurance policy or under any Federal or State 
     health benefits plan.
       ``(ii) Voluntary donations.--A determination by the 
     Director of whether an entity referred to in clause (i) meets 
     the criteria for a waiver under such clause shall be made 
     without regard to whether the entity accepts voluntary 
     donations regarding the provision of services to the public.
       ``(C) Mental diseases.--
       ``(i) In general.--With respect to any authorized service 
     that is available pursuant to the State plan described in 
     subparagraph (A), the requirements established in such 
     subparagraph shall not apply to the provision of any such 
     service by an institution for mental diseases to an 
     individual who has attained 21 years of age and who has not 
     attained 65 years of age.
       ``(ii) Definition of institution for mental diseases.--In 
     this subparagraph, the term `institution for mental diseases' 
     has the same meaning as in section 1905(i) of the Social 
     Security Act (42 U.S.C. 1396d(i)).
       ``(f) Requirements for Matching Funds.--
       ``(1) In general.--With respect to the costs of the program 
     to be carried out by an applicant pursuant to subsection (a), 
     a funding agreement for an award under such subsection is 
     that the applicant will make available (directly or through 
     donations from public or private entities) non-Federal 
     contributions toward such costs in an amount that--
       ``(A) for the first fiscal year for which the applicant 
     receives payments under an award under such subsection, is 
     not less than $1 for each $9 of Federal funds provided in the 
     award;
       ``(B) for any second such fiscal year, is not less than $1 
     for each $9 of Federal funds provided in the award; and

[[Page S203]]

       ``(C) for any subsequent such fiscal year, is not less than 
     $1 for each $3 of Federal funds provided in the award.
       ``(2) Determination of amount contributed.--Non-Federal 
     contributions required in paragraph (1) may be in cash or in 
     kind, fairly evaluated, including plant, equipment, or 
     services. Amounts provided by the Federal Government, or 
     services assisted or subsidized to any significant extent by 
     the Federal Government, may not be included in determining 
     the amount of such non-Federal contributions.
       ``(g) Outreach.--A funding agreement for an award under 
     subsection (a) for an applicant is that the applicant will 
     provide outreach services in the community involved to 
     identify juveniles who are engaging in substance abuse and to 
     encourage the juveniles to undergo treatment for such abuse.
       ``(h) Accessibility of Program.--A funding agreement for an 
     award under subsection (a) for an applicant is that the 
     program operated pursuant to such subsection will be operated 
     at a location that is accessible to low income juveniles.
       ``(i) Continuing Education.--A funding agreement for an 
     award under subsection (a) is that the applicant involved 
     will provide for continuing education in treatment services 
     for the individuals who will provide treatment in the program 
     to be operated by the applicant pursuant to such subsection.
       ``(j) Imposition of Charges.--A funding agreement for an 
     award under subsection (a) for an applicant is that, if a 
     charge is imposed for the provision of authorized services to 
     or on behalf of an eligible juvenile, such charge--
       ``(1) will be made according to a schedule of charges that 
     is made available to the public;
       ``(2) will be adjusted to reflect the economic condition of 
     the juvenile involved; and
       ``(3) will not be imposed on any such juvenile whose family 
     has an income of less than 185 percent of the official 
     poverty line, as established by the Director of the Office 
     for Management and Budget and revised by the Secretary in 
     accordance with section 673(2) of the Omnibus Budget 
     Reconciliation Act of 1981 (42 U.S.C. 9902(2)).
       ``(k) Reports to Director.--A funding agreement for an 
     award under subsection (a) is that the applicant involved 
     will submit to the Director a report--
       ``(1) describing the utilization and costs of services 
     provided under the award;
       ``(2) specifying the number of juveniles served, and the 
     type and costs of services provided; and
       ``(3) providing such other information as the Director 
     determines to be appropriate.
       ``(l) Requirement of Application.--The Director may make an 
     award under subsection (a) only if an application for the 
     award is submitted to the Director containing such 
     agreements, and the application is in such form, is made in 
     such manner, and contains such other agreements and such 
     assurances and information as the Director determines to be 
     necessary to carry out this section.
       ``(m) Equitable Allocation of Awards.--In making awards 
     under subsection (a), the Director shall ensure that the 
     awards are equitably allocated among the principal geographic 
     regions of the United States, as well as among Indian tribes, 
     subject to the availability of qualified applicants for the 
     awards.
       ``(n) Duration of Award.--
       ``(1) In general.--The period during which payments are 
     made to an entity from an award under this section may not 
     exceed 5 years.
       ``(2) Approval of director.--The provision of payments 
     described in paragraph (1) shall be subject to--
       ``(A) annual approval by the Director of the payments; and
       ``(B) the availability of appropriations for the fiscal 
     year at issue to make the payments.
       ``(3) No limitation.--This subsection may not be construed 
     to establish a limitation on the number of awards that may be 
     made to an entity under this section.
       ``(o) Evaluations; Dissemination of Findings.--The Director 
     shall, directly or through contract, provide for the conduct 
     of evaluations of programs carried out pursuant to subsection 
     (a). The Director shall disseminate to the States the 
     findings made as a result of the evaluations.
       ``(p) Reports to Congress.--
       ``(1) Initial report.--Not later than October 1, 2002, the 
     Director shall submit to the Committee on the Judiciary of 
     the House of Representatives, and to the Committee on the 
     Judiciary of the Senate, a report describing programs carried 
     out pursuant to this section.
       ``(2) Periodic reports.--
       ``(A) In general.--Not less than biennially after the date 
     described in paragraph (1), the Director shall prepare a 
     report describing programs carried out pursuant to this 
     section during the preceding 2-year period, and shall submit 
     the report to the Administrator for inclusion in the biennial 
     report under section 501(k).
       ``(B) Summary.--Each report under this subsection shall 
     include a summary of any evaluations conducted under 
     subsection (m) during the period with respect to which the 
     report is prepared.
       ``(q) Definitions.--In this section:
       ``(1) Authorized services.--The term `authorized services' 
     means treatment services and supplemental services.
       ``(2) Juvenile.--The term `juvenile' means anyone 18 years 
     of age or younger at the time that of admission to a program 
     operated pursuant to subsection (a).
       ``(3) Eligible juvenile.--The term `eligible juvenile' 
     means a juvenile who has been admitted to a program operated 
     pursuant to subsection (a).
       ``(4) Funding agreement under subsection (a).--The term 
     `funding agreement under subsection (a)', with respect to an 
     award under subsection (a), means that the Director may make 
     the award only if the applicant makes the agreement involved.
       ``(5) Treatment services.--The term `treatment services' 
     means treatment for substance abuse, including the counseling 
     and services described in subsection (c)(2).
       ``(6) Supplemental services.--The term `supplemental 
     services' means the services described in subsection (d).
       ``(r) Authorization of Appropriations.--
       ``(1) In general.--For the purpose of carrying out this 
     section and section 576 there is authorized to be 
     appropriated such sums as may be necessary for fiscal years 
     2002 and 2003. There is authorized to be appropriated from 
     the Violent Crime Reduction Trust Fund $300,000,000 in each 
     of fiscal years 2004 and 2005.
       ``(2) Transfer.--For the purpose described in paragraph 
     (1), in addition to the amounts authorized in such paragraph 
     to be appropriated for a fiscal year, there is authorized to 
     be appropriated for the fiscal year from the special 
     forfeiture fund of the Director of the Office of National 
     Drug Control Policy such sums as may be necessary.
       ``(3) Rule of construction.--The amounts authorized in this 
     subsection to be appropriated are in addition to any other 
     amounts that are authorized to be appropriated and are 
     available for the purpose described in paragraph (1).

     ``SEC. 576. OUTPATIENT TREATMENT PROGRAMS FOR JUVENILES.

       ``(a) Grants.--The Secretary of Health and Human Services, 
     acting through the Director of the Center for Substance Abuse 
     Treatment, shall make grants to establish projects for the 
     outpatient treatment of substance abuse among juveniles.
       ``(b) Prevention.--Entities receiving grants under this 
     section shall engage in activities to prevent substance abuse 
     among juveniles.
       ``(c) Evaluation.--The Secretary of Health and Human 
     Services shall evaluate projects carried out under subsection 
     (a) and shall disseminate to appropriate public and private 
     entities information on effective projects.''.

            PART 4--FUNDING FOR DRUG-FREE COMMUNITY PROGRAMS

     SEC. 4141. EXTENSION OF SAFE AND DRUG-FREE SCHOOLS AND 
                   COMMUNITIES PROGRAM.

       Title IV of the Elementary and Secondary Education Act (20 
     U.S.C. 7104) is amended to read as follows:

                       ``TITLE IV--AUTHORIZATIONS

     ``SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated for State grants 
     under subpart 1 and national programs under subpart 2, 
     $655,000,000 for fiscal years 2002 and 2003, and $955,000,000 
     for fiscal years 2004 through 2005, of which the following 
     amounts may be appropriated from the Violent Crime Reduction 
     Trust Fund:
       ``(1) $300,000,000 for fiscal year 2004; and
       ``(2) $300,000,000 for fiscal year 2005.''.

     SEC. 4142. SAY NO TO DRUGS COMMUNITY CENTERS.

       (a) Short Title.--This section may be cited as the ``Say No 
     to Drugs Community Centers Act of 2001''.
       (b) Definitions.--In this section--
       (1) Community-based organization.--The term ``community-
     based organization'' means a private, locally initiated 
     organization that--
       (A) is a nonprofit organization, as that term is defined in 
     section 103(23) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5603(23)); and
       (B) involves the participation, as appropriate, of members 
     of the community and community institutions, including--
       (i) business and civic leaders actively involved in 
     providing employment and business development opportunities 
     in the community;
       (ii) educators;
       (iii) religious organizations (which shall not provide any 
     sectarian instruction or sectarian worship in connection with 
     program activities funded under this subtitle);
       (iv) law enforcement agencies; and
       (v) other interested parties.
       (2) Eligible community.--The term ``eligible community'' 
     means a community--
       (A) identified by an eligible recipient for assistance 
     under this subtitle; and
       (B) an area that meets such criteria as the Attorney 
     General may, by regulation, establish, including criteria 
     relating to poverty, juvenile delinquency, and crime.
       (3) Eligible recipient.--The term ``eligible recipient'' 
     means a community-based organization or public school that 
     has--
       (A) been approved for eligibility by the Attorney General, 
     upon application submitted to the Attorney General in 
     accordance with subsection (e); and
       (B) demonstrated that the projects and activities it seeks 
     to support in an eligible community involve the 
     participation, when feasible and appropriate, of--
       (i) parents, family members, and other members of the 
     eligible community;

[[Page S204]]

       (ii) civic and religious organizations serving the eligible 
     community;
       (iii) school officials and teachers employed at schools 
     located in the eligible community;
       (iv) public housing resident organizations in the eligible 
     community; and
       (v) public and private nonprofit organizations and 
     organizations serving youth that provide education, child 
     protective services, or other human services to low income, 
     at-risk youth and their families.
       (4) Poverty line.--The term ``poverty line'' means the 
     income official poverty line (as defined by the Office of 
     Management and Budget, and revised annually in accordance 
     with section 673(2) of the Community Services Block Grant Act 
     (42 U.S.C. 9902(2)) applicable to a family of the size 
     involved.
       (5) Public school.--The term ``public school'' means a 
     public elementary school, as defined in section 1201(i) of 
     the Higher Education Act of 1965 (20 U.S.C. 1141(i)), and a 
     public secondary school, as defined in section 1201(d) of 
     that Act (42 U.S.C. 1141(d)).
       (c) Grant Requirements.--The Attorney General may make 
     grants to eligible recipients, which grants may be used to 
     provide to youth living in eligible communities during after 
     school hours or summer vacations, the following services:
       (1) Rigorous drug prevention education.
       (2) Drug counseling and treatment.
       (3) Academic tutoring and mentoring.
       (4) Activities promoting interaction between youth and law 
     enforcement officials.
       (5) Vaccinations and other basic preventive health care.
       (6) Sexual abstinence education.
       (7) Other activities and instruction to reduce youth 
     violence and substance abuse.
       (d) Location and Use of Amounts.--An eligible recipient 
     that receives a grant under this section--
       (1) shall ensure that the stated program is carried out--
       (A) when appropriate, in the facilities of a public school 
     during nonschool hours; or
       (B) in another appropriate local facility that is--
       (i) in a location easily accessible to youth in the 
     community; and
       (ii) in compliance with all applicable State and local 
     ordinances;
       (2) shall use the grant amounts to provide to youth in the 
     eligible community services and activities that include 
     extracurricular and academic programs that are offered--
       (A) after school and on weekends and holidays, during the 
     school year; and
       (B) as daily full day programs (to the extent available 
     resources permit) or as part day programs, during the summer 
     months;
       (3) shall use not more than 5 percent of the amounts to pay 
     for the administrative costs of the program;
       (4) shall not use such amounts to provide sectarian worship 
     or sectarian instruction; and
       (5) may not use the amounts for the general operating costs 
     of public schools.
       (e) Applications.--
       (1) In general.--Each application to become an eligible 
     recipient shall be submitted to the Attorney General at such 
     time, in such manner, and accompanied by such information, as 
     the Attorney General may reasonably require.
       (2) Contents of application.--Each application submitted 
     pursuant to paragraph (1) shall--
       (A) describe the activities and services to be provided 
     through the program for which the grant is sought;
       (B) contain a comprehensive plan for the program that is 
     designed to achieve identifiable goals for youth in the 
     eligible community;
       (C) describe in detail the drug education and drug 
     prevention programs that will be implemented;
       (D) specify measurable goals and outcomes for the program 
     that will include--
       (i) reducing the percentage of youth in the eligible 
     community that enter the juvenile justice system or become 
     addicted to drugs;
       (ii) increasing the graduation rates, school attendance, 
     and academic success of youth in the eligible community; and
       (iii) improving the skills of program participants;
       (E) contain an assurance that the applicant will use grant 
     amounts received under this subtitle to provide youth in the 
     eligible community with activities and services consistent 
     with subsection (c);
       (F) demonstrate the manner in which the applicant will make 
     use of the resources, expertise, and commitment of private 
     entities in carrying out the program for which the grant is 
     sought;
       (G) include an estimate of the number of youth in the 
     eligible community expected to be served under the program;
       (H) include a description of charitable private resources, 
     and all other resources, that will be made available to 
     achieve the goals of the program;
       (I) contain an assurance that the applicant will comply 
     with any research effort authorized under Federal law, and 
     any investigation by the Attorney General;
       (J) contain an assurance that the applicant will prepare 
     and submit to the Attorney General an annual report regarding 
     any program conducted under this subtitle;
       (K) contain an assurance that the program for which the 
     grant is sought will, to the maximum extent practicable, 
     incorporate services that are provided solely through non-
     Federal private or nonprofit sources; and
       (L) contain an assurance that the applicant will maintain 
     separate accounting records for the program for which the 
     grant is sought.
       (3) Priority.--In determining eligibility under this 
     section, the Attorney General shall give priority to 
     applicants that submit applications that demonstrate the 
     greatest local support for the programs they seek to support.
       (f) Payments; Federal Share; Non-Federal Share.--
       (1) Payments.--The Attorney General shall, subject to the 
     availability of appropriations, provide to each eligible 
     recipient the Federal share of the costs of developing and 
     carrying out programs described in this section.
       (2) Federal share.--The Federal share of the cost of a 
     program under this subtitle shall be not more than--
       (A) 75 percent of the total cost of the program for each of 
     the first 2 years of the duration of a grant;
       (B) 70 percent of the total cost of the program for the 
     third year of the duration of a grant; and
       (C) 60 percent of the total cost of the program for each 
     year thereafter.
       (3) Non-federal share.--
       (A) In general.--The non-Federal share of the cost of a 
     program under this subtitle may be in cash or in kind, fairly 
     evaluated, including plant, equipment, and services. Federal 
     funds made available for the activity of any agency of an 
     Indian tribal government or the Bureau of Indian Affairs on 
     any Indian lands may be used to provide the non-Federal share 
     of the costs of programs or projects funded under this 
     subtitle.
       (B) Special rule.--Not less than 15 percent of the non-
     Federal share of the costs of a program under this subtitle 
     shall be provided from private or nonprofit sources.
       (g) Program Authority.--
       (1) In general.--
       (A) Allocations for states and indian tribes.--
       (i) In general.--In any fiscal year in which the total 
     amount made available to carry out this subtitle is equal to 
     or greater than $20,000,000, from the amount made available 
     to carry out this subtitle, the Attorney General shall 
     allocate not less than 0.75 percent for grants under 
     subparagraph (B) to eligible recipients in each State.
       (ii) Indian tribes.--The Attorney General shall allocate 
     0.75 percent of amounts made available under this subtitle 
     for grants to Indian tribes.
       (B) Grants to community-based organizations and public 
     schools from allocations.--For each fiscal year described in 
     subparagraph (A), the Attorney General may award grants from 
     the appropriate State or Indian tribe allocation determined 
     under subparagraph (A) on a competitive basis to eligible 
     recipients to pay for the Federal share of assisting eligible 
     communities to develop and carry out programs in accordance 
     with this subtitle.
       (C) Reallocation.--If, at the end of a fiscal year 
     described in subparagraph (A), the Attorney General 
     determines that amounts allocated for a particular State or 
     Indian tribe under subparagraph (B) remain unobligated, the 
     Attorney General shall use such amounts to award grants to 
     eligible recipients in another State or Indian tribe to pay 
     for the Federal share of assisting eligible communities to 
     develop and carry out programs in accordance with this 
     subtitle. In awarding such grants, the Attorney General shall 
     consider the need to maintain geographic diversity among 
     eligible recipients.
       (D) Availability of amounts.--Amounts made available under 
     this paragraph shall remain available until expended.
       (2) Other fiscal years.--In any fiscal year in which the 
     amount made available to carry out this subtitle is equal to 
     or less than $20,000,000, the Attorney General may award 
     grants on a competitive basis to eligible recipients to pay 
     for the Federal share of assisting eligible communities to 
     develop and carry out programs in accordance with this 
     subtitle.
       (3) Administrative costs.--The Attorney General may use not 
     more than 3 percent of the amounts made available to carry 
     out this subtitle in any fiscal year for administrative 
     costs, including training and technical assistance.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section from the Violent 
     Crime Reduction Trust Fund--
       (1) for fiscal year 2002, $125,000,000; and
       (2) for fiscal year 2003, $125,000,000.

     SEC. 4143. DRUG EDUCATION AND PREVENTION RELATING TO YOUTH 
                   GANGS.

       Section 3505 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 
     11805) is amended to read as follows:

     ``SEC. 3505. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     chapter such sums as may be necessary for each of fiscal 
     years 2002, 2003, 2004, 2005, and 2006.''.

     SEC. 4144. DRUG EDUCATION AND PREVENTION PROGRAM FOR RUNAWAY 
                   AND HOMELESS YOUTH.

       Section 3513 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 
     11823) is amended to read as follows:

     ``SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     chapter such sums as may be necessary for each of fiscal 
     years 2002, 2003, 2004, 2005, and 2006.''.

[[Page S205]]

         Subtitle B--Youth Crime Prevention and Juvenile Courts

                 PART 1--GRANTS TO YOUTH ORGANIZATIONS

     SEC. 4211. GRANT PROGRAM.

       The Attorney General may make grants to States, Indian 
     tribes, and national or statewide nonprofit organizations in 
     crime prone areas, such as Boys and Girls Clubs, Police 
     Athletic Leagues, 4-H Clubs, YMCA Big Brothers and Big 
     Sisters, and Kids 'N Kops programs, for the purpose of--
       (1) providing constructive activities to youth during after 
     school hours, weekends, and school vacations;
       (2) providing supervised activities in safe environments to 
     youth in crime prone areas;
       (3) providing antidrug education to prevent drug abuse 
     among youth;
       (4) supporting police officer training and salaries and 
     educational materials to expand D.A.R.E. America's middle 
     school campaign; or
       (5) providing constructive activities to youth in a safe 
     environment through parks and other public recreation areas.

     SEC. 4212. GRANTS TO NATIONAL ORGANIZATIONS.

       (a) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, the chief operating officer of a 
     national or statewide community-based organization shall 
     submit an application to the Attorney General in such form 
     and containing such information as the Attorney General may 
     reasonably require.
       (2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       (A) a request for a grant to be used for the purposes 
     described in this subtitle;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       (C) written assurances that Federal funds received under 
     this subtitle will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this subtitle;
       (D) written assurances that all activities will be 
     supervised by an appropriate number of responsible adults;
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs; and
       (F) any additional statistical or financial information 
     that the Attorney General may reasonably require.
       (b) Grant Awards.--In awarding grants under this section, 
     the Attorney General shall consider--
       (1) the ability of the applicant to provide the stated 
     services;
       (2) the history and establishment of the applicant in 
     providing youth activities on a national or statewide basis; 
     and
       (3) the extent to which the organizations shall achieve an 
     equitable geographic distribution of the grant awards.

     SEC. 4213. GRANTS TO STATES.

       (a) Applications.--
       (1) In general.--The Attorney General may make grants under 
     this section to States for distribution to units of local 
     government and community-based organizations for the purposes 
     set forth in section 4211.
       (2) Grants.--To request a grant under this section, the 
     chief executive of a State shall submit an application to the 
     Attorney General in such form and containing such information 
     as the Attorney General may reasonably require.
       (3) Application requirements.--Each application submitted 
     in accordance with paragraph (2) shall include--
       (A) a request for a grant to be used for the purposes 
     described in this subtitle;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the community;
       (C) written assurances that Federal funds received under 
     this subtitle will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this subtitle;
       (D) written assurances that all activities will be 
     supervised by an appropriate number of responsible adults; 
     and
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs.
       (b) Grant Awards.--In awarding grants under this section, 
     the State shall consider--
       (1) the ability of the applicant to provide the stated 
     services;
       (2) the history and establishment of the applicant in the 
     community to be served;
       (3) the level of juvenile crime, violence, and drug use in 
     the community;
       (4) the extent to which structured extracurricular 
     activities for youth are otherwise unavailable in the 
     community;
       (5) the need in the community for secure environments for 
     youth to avoid criminal victimization and exposure to crime 
     and illegal drugs;
       (6) to the extent practicable, achievement of an equitable 
     geographic distribution of the grant awards; and
       (7) whether the applicant has an established record of 
     providing extracurricular activities that are generally not 
     otherwise available to youth in the community.
       (c) Allocation.--
       (1) State allocations.--The Attorney General shall allot 
     not less than 0.75 percent of the total amount made available 
     each fiscal year to carry out this section to each State that 
     has applied for a grant under this section.
       (2) Indian tribes.--The Attorney General shall allot not 
     less than 0.75 percent of the total amount made available 
     each fiscal year to carry out this section to Indian tribes, 
     in accordance with the criteria set forth in subsections (a) 
     and (b).
       (3) Remaining amounts.--Of the amount remaining after the 
     allocations under paragraphs (1) and (2), the Attorney 
     General shall allocate to each State an amount that bears the 
     same ratio to the total amount of remaining funds as the 
     population of the State bears to the total population of all 
     States.

     SEC. 4214. ALLOCATION; GRANT LIMITATION.

       (a) Allocation.--Of amounts made available to carry out 
     this part--
       (1) 20 percent shall be for grants to national or statewide 
     organizations under section 4212; and
       (2) 80 percent shall be for grants to States under section 
     4213.
       (b) Grant Limitation.--Not more than 3 percent of the funds 
     made available to the Attorney General or a grant recipient 
     under this subtitle may be used for administrative purposes.

     SEC. 4215. REPORT AND EVALUATION.

       (a) Report to the Attorney General.--Not later than October 
     1, 2002 and October 1 of each year thereafter, each grant 
     recipient under this subtitle shall submit to the Attorney 
     General a report that describes, for the year to which the 
     report relates--
       (1) the activities provided;
       (2) the number of youth participating;
       (3) the extent to which the grant enabled the provision of 
     activities to youth that would not otherwise be available; 
     and
       (4) any other information that the Attorney General 
     requires for evaluating the effectiveness of the program.
       (b) Evaluation and Report to Congress.--Not later than 
     March 1, 2003, and March 1 of each year thereafter, the 
     Attorney General shall submit to Congress an evaluation and 
     report that contains a detailed statement regarding grant 
     awards, activities of grant recipients, a compilation of 
     statistical information submitted by grant recipients 
     under this part, and an evaluation of programs established 
     by grant recipients under this part.
       (c) Criteria.--In assessing the effectiveness of the 
     programs established and operated by grant recipients 
     pursuant to this part, the Attorney General shall consider--
       (1) the number of youth served by the grant recipient;
       (2) the percentage of youth participating in the program 
     charged with acts of delinquency or crime compared to youth 
     in the community at large;
       (3) the percentage of youth participating in the program 
     that uses drugs compared to youth in the community at large;
       (4) the percentage of youth participating in the program 
     that are victimized by acts of crime or delinquency compared 
     to youth in the community at large; and
       (5) the truancy rates of youth participating in the program 
     compared to youth in the community at large.
       (d) Documents and Information.--Each grant recipient under 
     this part shall provide the Attorney General with all 
     documents and information that the Attorney General 
     determines to be necessary to conduct an evaluation of the 
     effectiveness of programs funded under this part.

     SEC. 4216. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this part from the Violent Crime Reduction Trust 
     Fund--
       (1) such sums as may be necessary for each of fiscal years 
     2002 and 2003; and
       (2) $125,000,000 for each of fiscal years 2004 and 2005.
       (b) Continued Availability.--Amounts made available under 
     this part shall remain available until expended.

     SEC. 4217. GRANTS TO PUBLIC AND PRIVATE AGENCIES.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
       (1) by striking the first part designated as part I;
       (2) by redesignating the second part designated as part I 
     as part M; and
       (3) by inserting after part H the following:

                ``PART I--AFTER SCHOOL CRIME PREVENTION

     ``SEC. 291. GRANTS TO PUBLIC AND PRIVATE AGENCIES FOR 
                   EFFECTIVE AFTER SCHOOL CRIME PREVENTION 
                   PROGRAMS.

       ``(a) In General.--Subject to the availability of 
     appropriations, the Administrator shall make grants in 
     accordance with this section to public and private agencies 
     to fund effective after school juvenile crime prevention 
     programs.
       ``(b) Matching Requirement.--The Administrator may not make 
     a grant to a public or private agency under this section 
     unless that agency agrees that, with respect to the costs to 
     be incurred by the agency in carrying out the program for 
     which the grant is to be awarded, the agency will make 
     available non-Federal contributions in an amount that is not 
     less than a specific percentage of Federal funds provided 
     under the grant, as determined by the Administrator.
       ``(c) Priority.--In making grants under this section, the 
     Administrator shall give priority to funding programs that--
       ``(1) are targeted to high crime neighborhoods or at-risk 
     juveniles;

[[Page S206]]

       ``(2) operate during the period immediately following 
     normal school hours;
       ``(3) provide educational or recreational activities 
     designed to encourage law-abiding conduct, reduce the 
     incidence of criminal activity, and teach juveniles 
     alternatives to crime; and
       ``(4) coordinate with State or local juvenile crime control 
     and juvenile offender accountability programs.
       ``(d) Funding.--There are authorized to be appropriated for 
     grants under this section $250,000,000 for each of fiscal 
     years 2002, 2003, 2004, 2005, and 2006.''.

   PART 2--REAUTHORIZATION OF INCENTIVE GRANTS FOR LOCAL DELINQUENCY 
                          PREVENTION PROGRAMS

     SEC. 4221. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION 
                   PROGRAMS.

       Section 506 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5785) is amended to read as 
     follows:

     ``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     title such sums as may be necessary for each of fiscal years 
     2002, 2003, 2004, 2005, and 2006.''.

     SEC. 4222. RESEARCH, EVALUATION, AND TRAINING.

       Title V of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5781 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 507. RESEARCH, EVALUATION, AND TRAINING.

       ``Of the amounts made available by appropriations pursuant 
     to section 506--
       ``(1) 2 percent shall be used by the Administrator for 
     providing training and technical assistance under this title; 
     and
       ``(2) 10 percent shall be used by the Administrator for 
     research, statistics, and evaluation activities carried out 
     in conjunction with the grant programs under this title.''.

                           PART 3--JUMP AHEAD

     SEC. 4231. SHORT TITLE.

       This part may be cited as the ``JUMP Ahead Act of 2001''.

     SEC. 4232. FINDINGS.

       Congress finds that--
       (1) millions of young people in America live in areas in 
     which drug use and violent and property crimes are pervasive;
       (2) unfortunately, many of these same young people come 
     from single parent homes, or from environments in which there 
     is no responsible, caring adult supervision;
       (3) all children and adolescents need caring adults in 
     their lives, and mentoring is an effective way to fill this 
     special need for at-risk children;
       (4) the special bond of commitment fostered by the mutual 
     respect inherent in effective mentoring can be the tie that 
     binds a young person to a better future;
       (5) through a mentoring relationship, adult volunteers and 
     participating youth make a significant commitment of time and 
     energy to develop relationships devoted to personal, 
     academic, or career development and social, artistic, or 
     athletic growth;
       (6) rigorous independent studies have confirmed that 
     effective mentoring programs can significantly reduce and 
     prevent the use of alcohol and drugs by young people, improve 
     school attendance and performance, improve peer and family 
     and peer relationships, and reduce violent behavior;
       (7) since the inception of the Federal JUMP program, dozens 
     of innovative, effective mentoring programs have received 
     funding grants;
       (8) unfortunately, despite the recent growth in public and 
     private mentoring initiatives, it is reported that between 
     5,000,000 and 15,000,000 additional children in the United 
     States could benefit from being matched with a mentor; and
       (9) although great strides have been made in reaching at-
     risk youth since the inception of the JUMP program, millions 
     of vulnerable American children are not being reached, and 
     without an increased commitment to connect these young people 
     to responsible adult role models, our country risks losing an 
     entire generation to drugs, crime, and unproductive lives.

     SEC. 4233. JUVENILE MENTORING GRANTS.

       (a) In General.--Section 288B of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Administrator shall'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2) are intended to achieve 1 or more of the following 
     goals:
       ``(A) Discourage at-risk youth from--
       ``(i) using illegal drugs and alcohol;
       ``(ii) engaging in violence;
       ``(iii) using guns and other dangerous weapons;
       ``(iv) engaging in other criminal and antisocial behavior; 
     and
       ``(v) becoming involved in gangs.
       ``(B) Promote personal and social responsibility among at-
     risk youth.
       ``(C) Increase at-risk youth's participation in, and 
     enhance the ability of those youth to benefit from, 
     elementary and secondary education.
       ``(D) Encourage at-risk youth participation in community 
     service and community activities.
       ``(E) Provide general guidance to at-risk youth.''; and
       (3) by adding at the end the following:
       ``(b) Amount and Duration.--Each grant under this part 
     shall be awarded in an amount not to exceed a total of 
     $200,000 over a period of not more than 3 years.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated $50,000,000 for each of fiscal years 2002, 
     2003, 2004, and 2005 to carry out this part.''.

     SEC. 4234. IMPLEMENTATION AND EVALUATION GRANTS.

       (a) In General.--The Administrator of the Office of 
     Juvenile Justice and Delinquency Prevention of the Department 
     of Justice may make grants to national organizations or 
     agencies serving youth, in order to enable those 
     organizations or agencies--
       (1) to conduct a multisite demonstration project, involving 
     between 5 and 10 project sites, that--
       (A) provides an opportunity to compare various mentoring 
     models for the purpose of evaluating the effectiveness and 
     efficiency of those models;
       (B) allows for innovative programs designed under the 
     oversight of a national organization or agency serving youth, 
     which programs may include--
       (i) technical assistance;
       (ii) training; and
       (iii) research and evaluation; and
       (C) disseminates the results of such demonstration project 
     to allow for the determination of the best practices for 
     various mentoring programs;
       (2) to develop and evaluate screening standards for 
     mentoring programs; and
       (3) to develop and evaluate volunteer recruitment 
     techniques and activities for mentoring programs.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of fiscal years 2002, 
     2003, 2004, and 2005 to carry out this section.

     SEC. 4235. EVALUATIONS; REPORTS.

       (a) Evaluations.--
       (1) In general.--The Attorney General shall enter into a 
     contract with an evaluating organization that has 
     demonstrated experience in conducting evaluations, for the 
     conduct of an ongoing rigorous evaluation of the programs and 
     activities assisted under this Act or under section 228B of 
     the Juvenile Justice and Delinquency Prevention Act of 
     1974 (42 U.S.C. 5667e-2) (as amended by this title).
       (2) Criteria.--The Attorney General shall establish a 
     minimum criteria for evaluating the programs and activities 
     assisted under this Act or under section 228B of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5667e-2) (as amended by this title), which shall provide for 
     a description of the implementation of the program or 
     activity, and the effect of the program or activity on 
     participants, schools, communities, and youth served by the 
     program or activity.
       (3) Mentoring program of the year.--The Attorney General 
     shall, on an annual basis, based on the most recent 
     evaluation under this subsection and such other criteria as 
     the Attorney General shall establish by regulation--
       (A) designate 1 program or activity assisted under this Act 
     as the ``Juvenile Mentoring Program of the Year''; and
       (B) publish notice of such designation in the Federal 
     Register.
       (b) Reports.--
       (1) Grant recipients.--Each entity receiving a grant under 
     this Act or under section 228B of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as 
     amended by this title) shall submit to the evaluating 
     organization entering into the contract under subsection 
     (a)(1), an annual report regarding any program or activity 
     assisted under this Act or under section 228B of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5667e-2) (as amended by this title). Each report under this 
     paragraph shall be submitted at such time, in such a manner, 
     and shall be accompanied by such information, as the 
     evaluating organization may reasonably require.
       (2) Comptroller general.--Not later than 4 years after the 
     date of enactment of this Act, the Attorney General shall 
     submit to Congress a report evaluating the effectiveness of 
     grants awarded under this Act and under section 228B of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5667e-2) (as amended by this title), in--
       (A) reducing juvenile delinquency and gang participation;
       (B) reducing the school dropout rate; and
       (C) improving academic performance of juveniles.

                       PART 4--TRUANCY PREVENTION

     SEC. 4241. SHORT TITLE.

       This part may be cited as the ``Truancy Prevention and 
     Juvenile Crime Reduction Act of 2001''.

     SEC. 4242. FINDINGS.

       Congress makes the following findings:
       (1) Truancy is often the first sign of trouble--the first 
     indicator that a young person is giving up and losing his or 
     her way.
       (2) Many students who become truant eventually drop out of 
     school, and high school drop outs are two and a half times 
     more likely to be on welfare than high school graduates, 
     twice as likely to be unemployed, or if employed, earn lower 
     salaries.
       (3) Truancy is the top-ranking characteristic of 
     criminals--more common than such factors as coming from 
     single-parent families and being abused as children.
       (4) High rates of truancy are linked to high daytime 
     burglary rates and high vandalism.
       (5) As much as 44 percent of violent juvenile crime takes 
     place during school hours.

[[Page S207]]

       (6) As many as 75 percent of children ages 13 to 16 who are 
     arrested and prosecuted for crimes are truants.
       (7) Some cities report as many as 70 percent of daily 
     student absences are unexcused, and the total number of 
     absences in a single city can reach 4,000 per day.
       (8) Society pays a significant social and economic cost due 
     to truancy: only 34 percent of inmates have completed high 
     school education; 17 percent of youth under age 18 entering 
     adult prisons have not completed grade school (8th grade or 
     less), 25 percent completed 10th grade, and 2 percent 
     completed high school.
       (9) Truants and later high school drop outs cost the Nation 
     $240,000,000,000 in lost earnings and foregone taxes over 
     their lifetimes, and the cost of crime control is staggering.
       (10) In many instances, parents are unaware a child is 
     truant.
       (11) Effective truancy prevention, early intervention, and 
     accountability programs can improve school attendance and 
     reduce daytime crime rates.
       (12) There is a lack of targeted funding for effective 
     truancy prevention programs in current law.

     SEC. 4243. GRANTS.

       (a) Definitions.--In this section:
       (1) Eligible partnership.--The term ``eligible 
     partnership'' means a partnership between 1 or more qualified 
     units of local government and 1 or more local educational 
     agencies.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801).
       (3) Qualified unit of local government.--The term 
     ``qualified unit of local government'' means a unit of local 
     government that has in effect, as of the date on which the 
     eligible partnership submits an application for a grant under 
     this section, a statute or regulation that meets the 
     requirements of section 223(a)(14) of the Juvenile Justice 
     and Delinquency and Prevention Act of 1974 (42 U.S.C. 
     5633(a)(14)).
       (4) Unit of local government.--The term ``unit of local 
     government'' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State, or any Indian tribe.
       (b) Grant Authority.--The Attorney General, in consultation 
     with the Secretary of Education, shall make grants in 
     accordance with this section on a competitive basis to 
     eligible partnerships to reduce truancy and the incidence of 
     daytime juvenile crime.
       (c) Maximum Amount; Allocation; Renewal.--
       (1) Maximum amount.--The total amount awarded to an 
     eligible partnership under this section in any fiscal year 
     shall not exceed $100,000.
       (2) Allocation.--Not less than 25 percent of each grant 
     awarded to an eligible partnership under this section shall 
     be allocated for use by the local educational agency or 
     agencies participating in the partnership.
       (3) Renewal.--A grant awarded under this section for a 
     fiscal year may be renewed for an additional period of not 
     more than 2 fiscal years.
       (d) Use of Funds.--
       (1) In general.--Grant amounts made available under this 
     section may be used by an eligible partnership to 
     comprehensively address truancy through the use of--
       (A) parental involvement in prevention activities, 
     including meaningful incentives for parental responsibility;
       (B) sanctions, including community service, or drivers' 
     license suspension for students who are habitually truant;
       (C) parental accountability, including fines, teacher-aid 
     duty, or community service;
       (D) in-school truancy prevention programs, including 
     alternative education and in-school suspension;
       (E) involvement of the local law enforcement, social 
     services, judicial, business, and religious communities, and 
     nonprofit organizations;
       (F) technology, including automated telephone notice to 
     parents and computerized attendance system; or
       (G) elimination of 40-day count and other unintended 
     incentives to allow students to be truant after a certain 
     time of school year.
       (2) Model programs.--In carrying out this section, the 
     Attorney General may give priority to funding the following 
     programs and programs that attempt to replicate one or more 
     of the following model programs:
       (A) The Truancy Intervention Project of the Fulton County, 
     Georgia, Juvenile Court.
       (B) The TABS (Truancy Abatement and Burglary Suppression) 
     program of Milwaukee, Wisconsin.
       (C) The Roswell Daytime Curfew Program of Roswell, New 
     Mexico.
       (D) The Stop, Cite and Return Program of Rohnert Park, 
     California.
       (E) The Stay in School Program of New Haven, Connecticut.
       (F) The Atlantic County Project Helping Hand of Atlantic 
     County, New Jersey.
       (G) The THRIVE (Truancy Habits Reduced Increasing Valuable 
     Education) initiative of Oklahoma City, Oklahoma.
       (H) The Norfolk, Virginia project using computer software 
     and data collection.
       (I) The Community Service Early Intervention Program of 
     Marion, Ohio.
       (J) The Truancy Reduction Program of Bakersfield, 
     California.
       (K) The Grade Court program of Farmington, New Mexico.
       (L) Any other model program that the Attorney General 
     determines to be appropriate.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $25,000,000 for 
     each of fiscal years 2002, 2003, and 2004.

     PART 5--JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION ACT

     SEC. 4251. SHORT TITLE.

       This part may be cited as the ``Juvenile Crime Control and 
     Delinquency Prevention Act of 2001''.

     SEC. 4252. FINDINGS.

       Section 101 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as 
     follows:

     ``SEC. 101. FINDINGS.

       ``(a) Congress finds that the juvenile crime problem should 
     be addressed through a 2-track common sense approach that 
     addresses the needs of individual juveniles and society at 
     large by promoting--
       ``(1) quality prevention programs that--
       ``(A) work with juveniles, their families, local public 
     agencies, and community-based organizations, and take into 
     consideration such factors as whether juveniles have ever 
     been the victims of family violence (including child abuse 
     and neglect); and
       ``(B) are designed to reduce risks and develop competencies 
     in at-risk juveniles that will prevent, and reduce the rate 
     of, violent delinquent behavior; and
       ``(2) programs that assist in holding juveniles accountable 
     for their actions, including a system of graduated sanctions 
     to respond to each delinquent act, requiring juveniles to 
     make restitution, or perform community service, for the 
     damage caused by their delinquent acts, and methods for 
     increasing victim satisfaction with respect to the penalties 
     imposed on juveniles for their acts.
       ``(b) Congress must act now to reform this program by 
     focusing on juvenile delinquency prevention programs, as well 
     as programs that hold juveniles accountable for their 
     acts.''.

     SEC. 4253. PURPOSE.

       Section 102 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5602) is amended to read as 
     follows:

     ``SEC. 102. PURPOSES.

       ``The purposes of this title are--
       ``(1) to support State and local programs that prevent 
     juvenile involvement in delinquent behavior;
       ``(2) to assist State and local governments in promoting 
     public safety by encouraging accountability for acts of 
     juvenile delinquency; and
       ``(3) to assist State and local governments in addressing 
     juvenile crime through the provision of technical assistance, 
     research, training, evaluation, and the dissemination of 
     information on effective programs for combating juvenile 
     delinquency.''.

     SEC. 4254. DEFINITIONS.

       Section 103 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5603) is amended--
       (1) in paragraph (3), by striking ``to help prevent 
     juvenile delinquency'' and inserting ``designed to reduce 
     known risk factors for juvenile delinquent behavior, provide 
     activities that build on protective factors for, and develop 
     competencies in, juveniles to prevent, and reduce the rate 
     of, delinquent juvenile behavior'',
       (2) in paragraph (4), by inserting ``title I of'' before 
     ``the Omnibus'' each place it appears,
       (3) in paragraph (7), by striking ``the Trust Territory of 
     the Pacific Islands,'',
       (4) in paragraph (9), by striking ``justice'' and inserting 
     ``crime control'',
       (5) in paragraph (12)(B), by striking ``, of any 
     nonoffender,'',
       (6) in paragraph (13)(B), by striking ``, any 
     nonoffender,'',
       (7) in paragraph (14), by inserting ``drug trafficking,'' 
     after ``assault,'',
       (8) in paragraph (16)--
       (A) in subparagraph (A), by adding ``and'' at the end, and
       (B) by striking subparagraph (C),
       (9) by striking paragraph (17),
       (10) in paragraph (22)--
       (A) by redesignating subparagraphs (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively, and
       (B) by striking ``and'' at the end,
       (11) in paragraph (23), by striking the period at the end 
     and inserting a semicolon,
       (12) by redesignating paragraphs (18), (19), (20), (21), 
     (22), and (23) as paragraphs (17) through (22), respectively, 
     and
       (13) by adding at the end the following:
       ``(23) the term `boot camp' means a residential facility 
     (excluding a private residence) at which there are provided--
       ``(A) a highly regimented schedule of discipline, physical 
     training, work, drill, and ceremony characteristic of 
     military basic training.
       ``(B) regular, remedial, special, and vocational education; 
     and
       ``(C) counseling and treatment for substance abuse and 
     other health and mental health problems;
       ``(24) the term `graduated sanctions' means an 
     accountability-based, graduated series of sanctions 
     (including incentives and services) applicable to juveniles 
     within the juvenile justice system to hold such juveniles 
     accountable for their actions and to protect communities from 
     the effects of juvenile delinquency by providing appropriate 
     sanctions for every act for which a juvenile is adjudicated 
     delinquent, by inducing their law-

[[Page S208]]

     abiding behavior, and by preventing their subsequent 
     involvement with the juvenile justice system;
       ``(25) the term `violent crime' means--
       ``(A) murder or nonnegligent manslaughter, forcible rape, 
     or robbery, or
       ``(B) aggravated assault committed with the use of a 
     firearm;
       ``(26) the term `co-located facilities' means facilities 
     that are located in the same building, or are part of a 
     related complex of buildings located on the same grounds; and
       ``(27) the term `related complex of buildings' means 2 or 
     more buildings that share--
       ``(A) physical features, such as walls and fences, or 
     services beyond mechanical services (heating, air 
     conditioning, water and sewer); or
       ``(B) the specialized services that are allowable under 
     section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of 
     Federal Regulations, as in effect on December 10, 1996.''.

     SEC. 4255. NAME OF OFFICE.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
       (1) in part A, by striking the part heading and inserting 
     the following:

      ``Part A--Office of Juvenile Crime Control and Delinquency 
                             Prevention'';

       (2) in section 201(a), by striking ``Justice and 
     Delinquency Prevention'' and inserting ``Crime Control and 
     Delinquency Prevention''; and
       (3) in section 299A(c)(2) by striking ``Justice and 
     Delinquency Prevention'' and inserting ``Crime Control and 
     Delinquency Prevention''.

     SEC. 4256. CONCENTRATION OF FEDERAL EFFORT.

       Section 204 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5614) is amended--
       (1) in subsection (a)(1), by striking the last sentence;
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``and of the 
     prospective'' and all that follows through ``administered'';
       (B) by striking paragraph (5); and
       (C) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively;
       (3) in subsection (c), by striking ``and reports'' and all 
     that follows through ``this part'', and inserting ``as may be 
     appropriate to prevent the duplication of efforts, and to 
     coordinate activities, related to the prevention of juvenile 
     delinquency'';
       (4) by striking subsection (i); and
       (5) by redesignating subsection (h) as subsection (f).

     SEC. 4257. ALLOCATION.

       Section 222 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5632) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``amount, up to $400,000,'' and inserting 
     ``amount up to $400,000'';
       (II) by inserting a comma after ``1992'' the first place it 
     appears;
       (III) by striking ``the Trust Territory of the Pacific 
     Islands,''; and
       (IV) by striking ``amount, up to $100,000,'' and inserting 
     ``amount up to $100,000'';

       (ii) in subparagraph (B)--

       (I) by striking ``(other than part D)'';
       (II) by striking ``or such greater amount, up to $600,000'' 
     and all that follows through ``section 299(a) (1) and (3)'';
       (III) by striking ``the Trust Territory of the Pacific 
     Islands,'';

       (IV) by striking ``amount, up to $100,000,'' and inserting 
     ``amount up to $100,000''; and
       (V) by inserting a comma after ``1992'';

       (B) in paragraph (3) by striking ``allot'' and inserting 
     ``allocate''; and
       (2) in subsection (b) by striking ``the Trust Territory of 
     the Pacific Islands,''.

     SEC. 4258. STATE PLANS.

       Section 223 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5633) is amended--
       (1) in subsection (a)--
       (A) in the second sentence, by striking ``challenge'' and 
     all that follows through ``part E'', and inserting ``, 
     projects, and activities'';
       (B) in paragraph (3)--
       (i) by striking ``, which--'' and inserting ``that--'';
       (ii) in subparagraph (A)--

       (I) by striking ``not less'' and all that follows through 
     ``33'', and inserting ``the attorney general of the State or 
     such other State official who has primary responsibility for 
     overseeing the enforcement of State criminal laws, and'';
       (II) by inserting ``, in consultation with the attorney 
     general of the State or such other State official who has 
     primary responsibility for overseeing the enforcement of 
     State criminal laws'' after ``State'';
       (III) in clause (i), by striking ``or the administration of 
     juvenile justice'' and inserting ``, the administration of 
     juvenile justice, or the reduction of juvenile delinquency'';
       (IV) in clause (ii), by striking ``include--'' and all that 
     follows through the semicolon at the end of subclause (VIII), 
     and inserting the following:

     ``represent a multidisciplinary approach to addressing 
     juvenile delinquency and may include--

       ``(I) individuals who represent units of general local 
     government, law enforcement and juvenile justice agencies, 
     public agencies concerned with the prevention and treatment 
     of juvenile delinquency and with the adjudication of 
     juveniles, representatives of juveniles, or nonprofit private 
     organizations, particularly such organizations that serve 
     juveniles; and
       ``(II) such other individuals as the chief executive 
     officer considers to be appropriate; and''; and
       (V) by striking clauses (iv) and (v);

       (iii) in subparagraph (C), by striking ``justice'' and 
     inserting ``crime control'';
       (iv) in subparagraph (D)--

       (I) in clause (i), by inserting ``and'' at the end; and
       (II) in clause (ii), by striking ``paragraphs'' and all 
     that follows through ``part E'', and inserting ``paragraphs 
     (11), (12), and (13)''; and

       (v) in subparagraph (E), by striking ``title--'' and all 
     that follows through ``(ii)'' and inserting ``title,'';
       (C) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``, other than'' and inserting ``reduced by the percentage 
     (if any) specified by the State under the authority of 
     paragraph (25) and excluding'' after ``section 222''; and
       (ii) in subparagraph (C), by striking ``paragraphs (12)(A), 
     (13), and (14)'' and inserting ``paragraphs (11), (12), and 
     (13)'';
       (D) by striking paragraph (6);
       (E) in paragraph (7), by inserting ``, including in rural 
     areas'' before the semicolon at the end;
       (F) in paragraph (8)--
       (i) in subparagraph (A)--

       (I) by striking ``for (i)'' and all that follows through 
     ``relevant jurisdiction'', and inserting ``for an analysis of 
     juvenile delinquency problems in, and the juvenile 
     delinquency control and delinquency prevention needs 
     (including educational needs) of, the State'';

       (II) by striking ``justice'' the second place it appears 
     and inserting ``crime control''; and
       (III) by striking ``of the jurisdiction; (ii)'' and all 
     that follows through the semicolon at the end, and inserting 
     ``of the State; and'';

       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) contain--
       ``(i) a plan for providing needed gender-specific services 
     for the prevention and treatment of juvenile delinquency;
       ``(ii) a plan for providing needed services for the 
     prevention and treatment of juvenile delinquency in rural 
     areas; and
       ``(iii) a plan for providing needed mental health services 
     to juveniles in the juvenile justice system;''; and
       (iii) by striking subparagraphs (C) and (D);
       (G) by striking paragraph (9) and inserting the following:
       ``(9) provide for the coordination and maximum utilization 
     of existing juvenile delinquency programs, programs operated 
     by public and private agencies and organizations, and other 
     related programs (such as education, special education, 
     recreation, health, and welfare programs) in the State;'';
       (H) in paragraph (10)--
       (i) in subparagraph (A), by striking ``, specifically'' and 
     inserting ``including''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) programs that assist in holding juveniles accountable 
     for their actions, including the use of graduated sanctions 
     and of neighborhood courts or panels that increase victim 
     satisfaction and require juveniles to make restitution for 
     the damage caused by their delinquent behavior;'';
       (iii) in subparagraph (C), by striking ``juvenile justice'' 
     and inserting ``juvenile crime control'';
       (iv) by striking subparagraph (D) and inserting the 
     following:
       ``(D) programs that provide treatment to juvenile offenders 
     who are victims of child abuse or neglect, and to their 
     families, in order to reduce the likelihood that such 
     juvenile offenders will commit subsequent violations of 
     law;'';
       (v) in subparagraph (E)--

       (I) by redesignating clause (ii) as clause (iii); and
       (II) by striking ``juveniles, provided'' and all that 
     follows through ``provides; and'', and inserting the 
     following:

     ``juveniles--
       ``(i) to encourage juveniles to remain in elementary and 
     secondary schools or in alternative learning situations;
       ``(ii) to provide services to assist juveniles in making 
     the transition to the world of work and self-sufficiency; 
     and'';
       (vi) by striking subparagraph (F) and inserting the 
     following:
       ``(F) expanding the use of probation officers--
       ``(i) particularly for the purpose of permitting nonviolent 
     juvenile offenders (including status offenders) to remain at 
     home with their families as an alternative to incarceration 
     or institutionalization; and
       ``(ii) to ensure that juveniles follow the terms of their 
     probation;'';
       (vii) by striking subparagraph (G) and inserting the 
     following:
       ``(G) one-on-one mentoring programs that are designed to 
     link at-risk juveniles and juvenile offenders, particularly 
     juveniles residing in high-crime areas and juveniles 
     experiencing educational failure, with responsible adults 
     (such as law enforcement officers, adults working with local 
     businesses, and adults working with community-based 
     organizations and agencies) who are properly screened and 
     trained;'';

[[Page S209]]

       (viii) in subparagraph (H) by striking ``handicapped 
     youth'' and inserting ``juveniles with disabilities'';
       (ix) by striking subparagraph (K) and inserting the 
     following:
       ``(K) boot camps for juvenile offenders;'';
       (x) by striking subparagraph (L) and inserting the 
     following:
       ``(L) community-based programs and services to work with 
     juveniles, their parents, and other family members during and 
     after incarceration in order to strengthen families so that 
     such juveniles may be retained in their homes;'';
       (xi) by striking subparagraph (M) and inserting the 
     following:
       ``(M) other activities (such as court-appointed advocates) 
     that the State determines will hold juveniles accountable for 
     their acts and decrease juvenile involvement in delinquent 
     activities;'';
       (xii) in subparagraph (O)--

       (I) in striking ``cultural'' and inserting ``other''; and
       (II) by striking the period at the end and inserting a 
     semicolon; and

       (xiii) by adding at the end the following:
       ``(P) programs that utilize multidisciplinary interagency 
     case management and information sharing, that enable the 
     juvenile justice and law enforcement agencies, schools, and 
     social service agencies to make more informed decisions 
     regarding early identification, control, supervision, and 
     treatment of juveniles who repeatedly commit violent or 
     serious delinquent acts; and
       ``(Q) programs designed to prevent and reduce hate crimes 
     committed by juveniles.'';
       (I) by striking paragraph (12) and inserting the following:
       ``(12) shall, in accordance with rules issued by the 
     Administrator, provide that--
       ``(A) juveniles who are charged with or who have committed 
     an offense that would not be criminal if committed by an 
     adult, excluding--
       ``(i) juveniles who are charged with or who have committed 
     a violation of section 922(x)(2) of title 18, United States 
     Code, or of a similar State law;
       ``(ii) juveniles who are charged with or who have committed 
     a violation of a valid court order; and
       ``(iii) juveniles who are held in accordance with the 
     Interstate Compact on Juveniles, as enacted by the State;

     shall not be placed in secure detention facilities or secure 
     correctional facilities; and
       ``(B) juveniles--
       ``(i) who are not charged with any offense; and
       ``(ii) who are--

       ``(I) aliens; or
       ``(II) alleged to be dependent, neglected, or abused;

     shall not be placed in secure detention facilities or secure 
     correctional facilities;'';
       (J) by striking paragraph (13) and inserting the following:
       ``(13) provide that--
       ``(A) juveniles alleged to be or found to be delinquent, 
     and juveniles within the purview of paragraph (11), will not 
     be detained or confined in any institution in which they have 
     prohibited physical contact or sustained oral communication 
     (as defined in subparagraphs (D) and (E)) with adults 
     incarcerated because such adults have been convicted of a 
     crime or are awaiting trial on criminal charges;
       ``(B) to the extent practicable, violent juveniles shall be 
     kept separate from nonviolent juveniles;
       ``(C) there is in effect in the State a policy that 
     requires individuals who work with both such juveniles and 
     such adults in colocated facilities have been trained and 
     certified to work with juveniles;
       ``(D) the term `prohibited physical contact'--
       ``(i) means--

       ``(I) any physical contact between a juvenile and an adult 
     inmate; and
       ``(II) proximity that provides an opportunity for physical 
     contact between a juvenile and an adult inmate; and

       ``(ii) does not include--

       ``(I) communication that is accidental or incidental;
       ``(II) sounds or noises that cannot reasonably be 
     considered to be speech; or

       ``(III) does not include supervised proximity between a 
     juvenile and an adult inmate that is brief and incidental or 
     accidental; and
       ``(E) the term `sustained oral communication' means the 
     imparting or interchange of speech by or between an adult 
     inmate and a juvenile;''.
       (K) by striking paragraph (14) and inserting the following:
       ``(14) provide that no juvenile will be detained or 
     confined in any jail or lockup for adults except--
       ``(A) juveniles who are accused of nonstatus offenses and 
     who are detained in such jail or lockup for a period not to 
     exceed 6 hours--
       ``(i) for processing or release;
       ``(ii) while awaiting transfer to a juvenile facility; or
       ``(iii) in which period such juveniles make a court 
     appearance;
       ``(B) juveniles who are accused of nonstatus offenses, who 
     are awaiting an initial court appearance that will occur 
     within 48 hours after being taken into custody (excluding 
     Saturdays, Sundays, and legal holidays), and who are detained 
     or confined in a jail or lockup--
       ``(i) in which--

       ``(I) such juveniles do not have prohibited physical 
     contact or sustained oral communication (as defined in 
     subparagraphs (D) and (E) of paragraph (13)) with adults 
     incarcerated because such adults have been convicted of a 
     crime or are awaiting trial on criminal charges;

       ``(II) to the extent practicable, violent juveniles shall 
     be kept separate from nonviolent juveniles; and
       ``(III) there is in effect in the State a policy that 
     requires individuals who work with both such juveniles and 
     such adults in co-located facilities have been trained and 
     certified to work with juveniles; and

       ``(ii) that--

       ``(I) is located outside a metropolitan statistical area 
     (as defined by the Director of the Office of Management and 
     Budget) and has no existing acceptable alternative placement 
     available; or
       ``(II) is located where conditions of distance to be 
     traveled or the lack of highway, road, or transportation do 
     not allow for court appearances within 48 hours after being 
     taken into custody (excluding Saturdays, Sundays, and legal 
     holidays) so that a brief (not to exceed an additional 48 
     hours) delay is excusable; or
       ``(III) is located where conditions of safety exist (such 
     as severe adverse, life-threatening weather conditions that 
     do not allow for reasonably safe travel), in which case the 
     time for an appearance may be delayed until 24 hours after 
     the time that such conditions allow for reasonable safe 
     travel;'';

       (L) in paragraph (15)--
       (i) by striking ``paragraph (12)(A), paragraph (13), and 
     paragraph (14)'' and inserting ``paragraphs (11), (12), and 
     (13)''; and
       (ii) by striking ``paragraph (12)(A) and paragraph (13)'' 
     and inserting ``paragraphs (11) and (12)'';
       (M) in paragraph (16) by striking ``mentally, emotionally, 
     or physically handicapping conditions'' and inserting 
     ``disability'';
       (N) by striking paragraph (19) and inserting the following:
       ``(19) provide assurances that--
       ``(A) any assistance provided under this Act will not cause 
     the displacement (including a partial displacement, such as a 
     reduction in the hours of nonovertime work, wages, or 
     employment benefits) of any currently employed employee;
       ``(B) activities assisted under this Act will not impair an 
     existing collective bargaining relationship, contract for 
     services, or collective bargaining agreement; and
       ``(C) no such activity that would be inconsistent with the 
     terms of a collective bargaining agreement shall be 
     undertaken without the written concurrence of the labor 
     organization involved;'';
       (O) by striking paragraph (23) and inserting the following:
       ``(23) address juvenile delinquency prevention efforts and 
     system improvement efforts designed to reduce, without 
     establishing or requiring numerical standards or quotas, the 
     disproportionate number of juvenile members of minority 
     groups, who come into contact with the juvenile justice 
     system;'';
       (P) by striking paragraph (24) and inserting the following:
       ``(24) provide that if a juvenile is taken into custody for 
     violating a valid court order issued for committing a status 
     offense--
       ``(A) an appropriate public agency shall be promptly 
     notified that such juvenile is held in custody for violating 
     such order;
       ``(B) not later than 24 hours after the juvenile is taken 
     into custody and during which the juvenile is so held, an 
     authorized representative of such agency shall interview, in 
     person, such juvenile; and
       ``(C) not later than 48 hours after the juvenile is taken 
     into custody and during which the juvenile is so held--
       ``(i) such representative shall submit an assessment to the 
     court that issued such order, regarding the immediate needs 
     of such juvenile; and
       ``(ii) such court shall conduct a hearing to determine--

       ``(I) whether there is reasonable cause to believe that 
     such juvenile violated such order; and

       ``(II) the appropriate placement of such juvenile pending 
     disposition of the violation alleged;'';

       (Q) in paragraph (25) by striking the period at the end and 
     inserting a semicolon;
       (R) by redesignating paragraphs (7) through (25) as 
     paragraphs (6) through (24), respectively; and
       (S) by adding at the end the following:
       ``(25) specify a percentage (if any), not to exceed 5 
     percent, of funds received by the State under section 222 
     (other than funds made available to the state advisory group 
     under section 222(d)) that the State will reserve for 
     expenditure by the State to provide incentive grants to units 
     of general local government that reduce the caseload of 
     probation officers within such units.''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) If a State fails to comply with any applicable 
     requirement of paragraph (11), (12), (13), or (22) of 
     subsection (a) in any fiscal year beginning after September 
     30, 1999, then the amount allocated to such State for the 
     subsequent fiscal year shall be reduced by not to exceed 12.5 
     percent for each such paragraph with respect to which the 
     failure occurs, unless the Administrator determines that the 
     State--
       ``(1) has achieved substantial compliance with such 
     applicable requirements with respect to which the State was 
     not in compliance; and

[[Page S210]]

       ``(2) has made, through appropriate executive or 
     legislative action, an unequivocal commitment to achieving 
     full compliance with such applicable requirements within a 
     reasonable time.''; and
       (3) in subsection (d)--
       (A) by striking ``allotment'' and inserting ``allocation''; 
     and
       (B) by striking ``subsection (a) (12)(A), (13), (14) and 
     (23)'' each place it appears and inserting ``paragraphs (11), 
     (12), (13), and (22) of subsection (a)''.

     SEC. 4259. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT 
                   PROGRAM.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting 
     after part I, as added by section 4217 of this title, the 
     following:

     ``PART J--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

     ``SEC. 292. AUTHORITY TO MAKE GRANTS.

       ``The Administrator may make grants to eligible States, 
     from funds allocated under section 292A, for the purpose of 
     providing financial assistance to eligible entities to carry 
     out projects designed to prevent juvenile delinquency, 
     including--
       ``(1) projects that assist in holding juveniles accountable 
     for their actions, including the use of neighborhood courts 
     or panels that increase victim satisfaction and require 
     juveniles to make restitution, or perform community service, 
     for the damage caused by their delinquent acts;
       ``(2) projects that provide treatment to juvenile offenders 
     who are victims of child abuse or neglect, and to their 
     families, in order to reduce the likelihood that such 
     juvenile offenders will commit subsequent violations of law;
       ``(3) educational projects or supportive services for 
     delinquent or other juveniles--
       ``(A) to encourage juveniles to remain in elementary and 
     secondary schools or in alternative learning situations in 
     educational settings;
       ``(B) to provide services to assist juveniles in making the 
     transition to the world of work and self-sufficiency;
       ``(C) to assist in identifying learning difficulties 
     (including learning disabilities);
       ``(D) to prevent unwarranted and arbitrary suspensions and 
     expulsions;
       ``(E) to encourage new approaches and techniques with 
     respect to the prevention of school violence and vandalism;
       ``(F) which assist law enforcement personnel and juvenile 
     justice personnel to more effectively recognize and provide 
     for learning-disabled and other disabled juveniles; or
       ``(G) which develop locally coordinated policies and 
     programs among education, juvenile justice, and social 
     service agencies;
       ``(4) projects which expand the use of probation officers--
       ``(A) particularly for the purpose of permitting nonviolent 
     juvenile offenders (including status offenders) to remain at 
     home with their families as an alternative to incarceration 
     or institutionalization; and
       ``(B) to ensure that juveniles follow the terms of their 
     probation;
       ``(5) one-on-one mentoring projects that are designed to 
     link at-risk juveniles and juvenile offenders who did not 
     commit serious crime, particularly juveniles residing in 
     high-crime areas and juveniles experiencing educational 
     failure, with responsible adults (such as law enforcement 
     officers, adults working with local businesses, and adults 
     working for community-based organizations and agencies) who 
     are properly screened and trained;
       ``(6) community-based projects and services (including 
     literacy and social service programs) which work with 
     juvenile offenders, including those from families with 
     limited English-speaking proficiency, their parents, their 
     siblings, and other family members during and after 
     incarceration of the juvenile offenders, in order to 
     strengthen families, to allow juvenile offenders to be 
     retained in their homes, and to prevent the involvement of 
     other juvenile family members in delinquent activities;
       ``(7) projects designed to provide for the treatment of 
     juveniles for dependence on or abuse of alcohol, drugs, or 
     other harmful substances;
       ``(8) projects which leverage funds to provide scholarships 
     for postsecondary education and training for low-income 
     juveniles who reside in neighborhoods with high rates of 
     poverty, violence, and drug-related crimes;
       ``(9) projects which provide for an initial intake 
     screening of each juvenile taken into custody--
       ``(A) to determine the likelihood that such juvenile will 
     commit a subsequent offense; and
       ``(B) to provide appropriate interventions, including 
     mental health services and substance abuse treatment, to 
     prevent such juvenile from committing subsequent offenses;
       ``(10) projects (including school- or community-based 
     projects) that are designed to prevent, and reduce the rate 
     of, the participation of juveniles in gangs that commit 
     crimes (particularly violent crimes), that unlawfully use 
     firearms and other weapons, or that unlawfully traffic in 
     drugs and that involve, to the extent practicable, families 
     and other community members (including law enforcement 
     personnel and members of the business community) in the 
     activities conducted under such projects;
       ``(11) comprehensive juvenile justice and delinquency 
     prevention projects that meet the needs of juveniles through 
     the collaboration of the many local service systems juveniles 
     encounter, including schools, courts, law enforcement 
     agencies, child protection agencies, mental health agencies, 
     welfare services, health care agencies, and private nonprofit 
     agencies offering services to juveniles;
       ``(12) to develop, implement, and support, in conjunction 
     with public and private agencies, organizations, and 
     businesses, projects for the employment of juveniles and 
     referral to job training programs (including referral to 
     Federal job training programs);
       ``(13) delinquency prevention activities which involve 
     youth clubs, sports, recreation and parks, peer counseling 
     and teaching, the arts, leadership development, community 
     service, volunteer service, before- and after-school 
     programs, violence prevention activities, mediation skills 
     training, camping, environmental education, ethnic or 
     cultural enrichment, tutoring, and academic enrichment;
       ``(14) family strengthening activities, such as mutual 
     support groups for parents and their children;
       ``(15) programs that encourage social competencies, 
     problem-solving skills, and communication skills, youth 
     leadership, and civic involvement;
       ``(16) programs that focus on the needs of young girls at-
     risk of delinquency or status offenses; and
       ``(17) other activities that are likely to prevent juvenile 
     delinquency.

     ``SEC. 292A. ALLOCATION.

       ``Funds appropriated to carry out this part shall be 
     allocated among eligible States as follows:
       ``(1) 0.75 percent shall be allocated to each State.
       ``(2) Of the total amount remaining after the allocation 
     under paragraph (1), there shall be allocated to each State 
     as follows:
       ``(A) 50 percent of such amount shall be allocated 
     proportionately based on the population that is less than 18 
     years of age in the eligible States.
       ``(B) 50 percent of such amount shall be allocated 
     proportionately based on the annual average number of arrests 
     for serious crimes committed in the eligible States by 
     juveniles during the then most recently completed period of 3 
     consecutive calendar years for which sufficient 
     information is available to the Administrator.

     ``SEC. 292B. ELIGIBILITY OF STATES.

       ``(a) Application.--To be eligible to receive a grant under 
     section 292, a State shall submit to the Administrator an 
     application that contains the following:
       ``(1) An assurance that the State will use--
       ``(A) not more than 5 percent of such grant, in the 
     aggregate, for--
       ``(i) the costs incurred by the State to carry out this 
     part; and
       ``(ii) to evaluate, and provide technical assistance 
     relating to, projects and activities carried out with funds 
     provided under this part; and
       ``(B) the remainder of such grant to make grants under 
     section 292C.
       ``(2) An assurance that, and a detailed description of how, 
     such grant will support, and not supplant State and local 
     efforts to prevent juvenile delinquency.
       ``(3) An assurance that such application was prepared after 
     consultation with and participation by community-based 
     organizations, and organizations in the local juvenile 
     justice system, that carry out programs, projects, or 
     activities to prevent juvenile delinquency.
       ``(4) An assurance that each eligible entity described in 
     section 292C(a) that receives an initial grant under section 
     292 to carry out a project or activity shall also receive an 
     assurance from the State that such entity will receive from 
     the State, for the subsequent fiscal year to carry out such 
     project or activity, a grant under such section in an amount 
     that is proportional, based on such initial grant and on the 
     amount of the grant received under section 292 by the State 
     for such subsequent fiscal year, but that does not exceed the 
     amount specified for such subsequent fiscal year in such 
     application as approved by the State.
       ``(5) Such other information and assurances as the 
     Administrator may reasonably require by rule.
       ``(b) Approval of Applications.--
       ``(1) Approval required.--Subject to paragraph (2), the 
     Administrator shall approve an application, and amendments to 
     such application submitted in subsequent fiscal years, that 
     satisfy the requirements of subsection (a).
       ``(2) Limitation.--The Administrator may not approve such 
     application (including amendments to such application) for a 
     fiscal year unless--
       ``(A)(i) the State submitted a plan under section 223 for 
     such fiscal year; and
       ``(ii) such plan is approved by the Administrator for such 
     fiscal year; or
       ``(B) the Administrator waives the application of 
     subparagraph (A) to such State for such fiscal year, after 
     finding good cause for such a waiver.

     ``SEC. 292C. GRANTS FOR LOCAL PROJECTS.

       ``(a) Selection From Among Applications.--
       ``(1) In general.--Using a grant received under section 
     292, a State may make grants to eligible entities whose 
     applications are received by the State in accordance with 
     subsection (b) to carry out projects and activities described 
     in section 292.

[[Page S211]]

       ``(2) For purposes of making grants under this section, the 
     State shall give special consideration to eligible entities 
     that--
       ``(A) propose to carry out such projects in geographical 
     areas in which there is--
       ``(i) a disproportionately high level of serious crime 
     committed by juveniles; or
       ``(ii) a recent rapid increase in the number of nonstatus 
     offenses committed by juveniles;
       ``(B)(i) agreed to carry out such projects or activities 
     that are multidisciplinary and involve 2 or more eligible 
     entities; or
       ``(ii) represent communities that have a comprehensive plan 
     designed to identify at-risk juveniles and to prevent or 
     reduce the rate of juvenile delinquency, and that involve 
     other entities operated by individuals who have a 
     demonstrated history of involvement in activities designed to 
     prevent juvenile delinquency; and
       ``(C) the amount of resources (in cash or in kind) such 
     entities will provide to carry out such projects and 
     activities.
       ``(b) Receipt of Applications.--
       ``(1) In general.--Subject to paragraph (2), a unit of 
     general local government shall submit to the State 
     simultaneously all applications that are--
       ``(A) timely received by such unit from eligible entities; 
     and
       ``(B) determined by such unit to be consistent with a 
     current plan formulated by such unit for the purpose of 
     preventing, and reducing the rate of, juvenile delinquency in 
     the geographical area under the jurisdiction of such unit.
       ``(2) Direct submission to state.--If an application 
     submitted to such unit by an eligible entity satisfies the 
     requirements specified in subparagraphs (A) and (B) of 
     paragraph (1), such entity may submit such application 
     directly to the State.

     ``SEC. 292D. ELIGIBILITY OF ENTITIES.

       ``(a) Eligibility.--Subject to subsections (b) and except 
     as provided in subsection (c), to be eligible to receive a 
     grant under section 292C, a community-based organization, 
     local juvenile justice system officials (including 
     prosecutors, police officers, judges, probation officers, 
     parole officers, and public defenders), local education 
     authority (as defined in section 14101 of the Elementary and 
     Secondary Education Act of 1965 and including a school within 
     such authority), nonprofit private organization, unit of 
     general local government, or social service provider, and or 
     other entity with a demonstrated history of involvement in 
     the prevention of juvenile delinquency, shall submit to a 
     unit of general local government an application that contains 
     the following:
       ``(1) An assurance that such applicant will use such grant, 
     and each such grant received for the subsequent fiscal year, 
     to carry out throughout a 2-year period a project or 
     activity described in reasonable detail, and of a kind 
     described in 1 or more of paragraphs (1) through (14) of 
     section 292 as specified in, such application.
       ``(2) A statement of the particular goals such project or 
     activity is designed to achieve, and the methods such entity 
     will use to achieve, and assess the achievement of, each of 
     such goals.
       ``(3) A statement identifying the research (if any) such 
     entity relied on in preparing such application.
       ``(b) Review and Submission of Applications.--Except as 
     provided in subsection (c), an entity shall not be eligible 
     to receive a grant under section 292C unless--
       ``(1) such entity submits to a unit of general local 
     government an application that--
       ``(A) satisfies the requirements specified in subsection 
     (a); and
       ``(B) describes a project or activity to be carried out in 
     the geographical area under the jurisdiction of such unit; 
     and
       ``(2) such unit determines that such project or activity is 
     consistent with a current plan formulated by such unit for 
     the purpose of preventing, and reducing the rate of, juvenile 
     delinquency in the geographical area under the jurisdiction 
     of such unit.
       ``(c) Limitation.--If an entity that receives a grant under 
     section 292C to carry out a project or activity for a 2-year 
     period, and receives technical assistance from the State or 
     the Administrator after requesting such technical assistance 
     (if any), fails to demonstrate, before the expiration of such 
     2-year period, that such project or such activity has 
     achieved substantial success in achieving the goals specified 
     in the application submitted by such entity to receive such 
     grants, then such entity shall not be eligible to receive any 
     subsequent grant under such section to continue to carry out 
     such project or activity.''.

     SEC. 4260. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; 
                   TRAINING.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting 
     after part J, as added by section 4259 of this title, the 
     following:

     ``PART K--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

     ``SEC. 293. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; 
                   INFORMATION DISSEMINATION.

       ``(a) Research and Evaluation.--(1) The Administrator may--
       ``(A) plan and identify, after consultation with the 
     Director of the National Institute of Justice, the purposes 
     and goals of all agreements carried out with funds provided 
     under this subsection; and
       ``(B) make agreements with the National Institute of 
     Justice or, subject to the approval of the Assistant Attorney 
     General for the Office of Justice Programs, with another 
     Federal agency authorized by law to conduct research or 
     evaluation in juvenile justice matters, for the purpose of 
     providing research and evaluation relating to--
       ``(i) the prevention, reduction, and control of juvenile 
     delinquency and serious crime committed by juveniles;
       ``(ii) the link between juvenile delinquency and the 
     incarceration of members of the families of juveniles;
       ``(iii) successful efforts to prevent first-time minor 
     offenders from committing subsequent involvement in serious 
     crime;
       ``(iv) successful efforts to prevent recidivism;
       ``(v) the juvenile justice system;
       ``(vi) juvenile violence; and
       ``(vii) other purposes consistent with the purposes of this 
     title and title I.
       ``(2) The Administrator shall ensure that an equitable 
     amount of funds available to carry out paragraph (1)(B) is 
     used for research and evaluation relating to the prevention 
     of juvenile delinquency.
       ``(b) Statistical Analyses.--The Administrator may--
       ``(1) plan and identify, after consultation with the 
     Director of the Bureau of Justice Statistics, the purposes 
     and goals of all agreements carried out with funds provided 
     under this subsection; and
       ``(2) make agreements with the Bureau of Justice 
     Statistics, or subject to the approval of the Assistant 
     Attorney General for the Office of Justice Programs, with 
     another Federal agency authorized by law to undertake 
     statistical work in juvenile justice matters, for the purpose 
     of providing for the collection, analysis, and dissemination 
     of statistical data and information relating to juvenile 
     delinquency and serious crimes committed by juveniles, to the 
     juvenile justice system, to juvenile violence, and to other 
     purposes consistent with the purposes of this title and title 
     I.
       ``(c) Competitive Selection Process.--The Administrator 
     shall use a competitive process, established by rule by the 
     Administrator, to carry out subsections (a) and (b).
       ``(d) Implementation of Agreements.--A Federal agency that 
     makes an agreement under subsections (a)(1)(B) and (b)(2) 
     with the Administrator may carry out such agreement directly 
     or by making grants to or contracts with public and private 
     agencies, institutions, and organizations.
       ``(e) Information Dissemination.--The Administrator may--
       ``(1) review reports and data relating to the juvenile 
     justice system in the United States and in foreign nations 
     (as appropriate), collect data and information from studies 
     and research into all aspects of juvenile delinquency 
     (including the causes, prevention, and treatment of juvenile 
     delinquency) and serious crimes committed by juveniles;
       ``(2) establish and operate, directly or by contract, a 
     clearinghouse and information center for the preparation, 
     publication, and dissemination of information relating to 
     juvenile delinquency, including State and local prevention 
     and treatment programs, plans, resources, and training and 
     technical assistance programs; and
       ``(3) make grants and contracts with public and private 
     agencies, institutions, and organizations, for the purpose of 
     disseminating information to representatives and personnel of 
     public and private agencies, including practitioners in 
     juvenile justice, law enforcement, the courts, corrections, 
     schools, and related services, in the establishment, 
     implementation, and operation of projects and activities for 
     which financial assistance is provided under this title.

     ``SEC. 293A. TRAINING AND TECHNICAL ASSISTANCE.

       ``(a) Training.--The Administrator may--
       ``(1) develop and carry out projects for the purpose of 
     training representatives and personnel of public and private 
     agencies, including practitioners in juvenile justice, law 
     enforcement, courts, corrections, schools, and related 
     services, to carry out the purposes specified in section 102; 
     and
       ``(2) make grants to and contracts with public and private 
     agencies, institutions, and organizations for the purpose of 
     training representatives and personnel of public and private 
     agencies, including practitioners in juvenile justice, law 
     enforcement, courts, corrections, schools, and related 
     services, to carry out the purposes specified in section 102.
       ``(b) Technical Assistance.--The Administrator may--
       ``(1) develop and implement projects for the purpose of 
     providing technical assistance to representatives and 
     personnel of public and private agencies and organizations, 
     including practitioners in juvenile justice, law enforcement, 
     courts, corrections, schools, and related services, in the 
     establishment, implementation, and operation of programs, 
     projects, and activities for which financial assistance is 
     provided under this title; and
       ``(2) make grants to and contracts with public and private 
     agencies, institutions, and organizations, for the purpose of 
     providing technical assistance to representatives and 
     personnel of public and private agencies, including 
     practitioners in juvenile justice, law enforcement, courts, 
     corrections, schools, and related services, in the 
     establishment, implementation, and operation of programs, 
     projects, and activities for which financial assistance is 
     provided under this title.''.

[[Page S212]]

     SEC. 4261. DEMONSTRATION PROJECTS.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting 
     after part K, as added by section 4260 of this title, the 
     following:

    ``PART L--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW 
                        INITIATIVES AND PROGRAMS

     ``SEC. 294. GRANTS AND PROJECTS.

       ``(a) Authority To Make Grants.--The Administrator may make 
     grants to and contracts with States, units of general local 
     government, Indian tribal governments, public and private 
     agencies, organizations, and individuals, or combinations 
     thereof, to carry out projects for the development, testing, 
     and demonstration of promising initiatives and programs for 
     the prevention, control, or reduction of juvenile 
     delinquency. The Administrator shall ensure that, to the 
     extent reasonable and practicable, such grants are made to 
     achieve an equitable geographical distribution of such 
     projects throughout the United States.
       ``(b) Use of Grants.--A grant made under subsection (a) may 
     be used to pay all or part of the cost of the project for 
     which such grant is made.

     ``SEC. 294A. GRANTS FOR TECHNICAL ASSISTANCE.

       ``The Administrator may make grants to and contracts with 
     public and private agencies, organizations, and individuals 
     to provide technical assistance to States, units of general 
     local government, Indian tribal governments, local private 
     entities or agencies, or any combination thereof, to carry 
     out the projects for which grants are made under section 261.

     ``SEC. 294B. ELIGIBILITY.

       ``To be eligible to receive a grant made under this part, a 
     public or private agency, Indian tribal government, 
     organization, institution, individual, or combination thereof 
     shall submit an application to the Administrator at such 
     time, in such form, and containing such information as the 
     Administrator may reasonable require by rule.

     ``SEC. 294C. REPORTS.

       ``Recipients of grants made under this part shall submit to 
     the Administrator such reports as may be reasonably requested 
     by the Administrator to describe progress achieved in 
     carrying the projects for which such grants are made.''.

     SEC. 4262. AUTHORIZATION OF APPROPRIATIONS.

       Section 299 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671) is amended--
       (1) by striking subsection (e); and
       (2) by striking subsections (a) and (b), and inserting the 
     following:
       ``(a) Authorization of Appropriations for Title II.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this title such sums as may be appropriate for 
     fiscal years 2002, 2003, and 2004.
       ``(2) Allocation.--Of the amount made available for each 
     fiscal year to carry out this title not more than 5 percent 
     shall be available to carry out part A.

     SEC. 4263. ADMINISTRATIVE AUTHORITY.

       Section 299A(d) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5672) is amended by 
     striking ``as are consistent with the purpose of this Act'' 
     and inserting ``only to the extent necessary to ensure that 
     there is compliance with the specific requirements of this 
     title or to respond to requests for clarification and 
     guidance relating to such compliance''.

     SEC. 4264. USE OF FUNDS.

       Section 299C of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5674) is amended--
       (1) in subsection (a)--
       (A) by striking ``may be used for'';
       (B) in paragraph (1), by inserting ``may be used for'' 
     after ``(1)''; and
       (C) by striking paragraph (2) and inserting the following:
       ``(2) may not be used for the cost of construction of any 
     short- or long-term facilities for adult or juvenile 
     offenders, except not more than 15 percent of the funds 
     received under this title by a State for a fiscal year may be 
     used for the purpose of renovating or replacing juvenile 
     facilities.'';
       (2) by striking subsection (b); and
       (3) by redesignating subsection (c) as subsection (b).

     SEC. 4265. LIMITATION ON USE OF FUNDS.

       Part M of title II of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as 
     redesignated by section 4217 of this title, is amended by 
     adding at the end the following:

     ``SEC. 299F. LIMITATION ON USE OF FUNDS.

       ``None of the funds made available to carry out this title 
     may be used to advocate for, or support, the unsecured 
     release of juveniles who are charged with a violent crime.''.

     SEC. 4266. RULES OF CONSTRUCTION.

       Part M of title II of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as amended 
     by section 4265 of this title, is amended by adding at the 
     end the following:

     ``SEC. 299G. RULES OF CONSTRUCTION.

       ``Nothing in this title or title I may be construed--
       ``(1) to prevent financial assistance from being awarded 
     through grants under this title to any otherwise eligible 
     organization; or
       ``(2) to modify or affect any Federal or State law relating 
     to collective bargaining rights of employees.''.

     SEC. 4267. LEASING SURPLUS FEDERAL PROPERTY.

       Part M of title II of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as amended 
     by section 4266 of this title, is amended by adding at the 
     end the following:

     ``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

       ``The Administrator may receive surplus Federal property 
     (including facilities) and may lease such property to States 
     and units of general local government for use in or as 
     facilities for juvenile offenders, or for use in or as 
     facilities for delinquency prevention and treatment 
     activities.''.

     SEC. 4268. ISSUANCE OF RULES.

       Part M of title II or the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as amended 
     by section 4267 of this title, is amended by adding at the 
     end the following:

     ``SEC. 299I. ISSUANCE OF RULES.

       ``The Administrator shall issue rules to carry out this 
     title, including rules that establish procedures and methods 
     for making grants and contracts, and distributing funds 
     available, to carry out this title.''.

     SEC. 4269. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Technical Amendments.--The Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 
     is amended--
       (1) in section 202(b), by striking ``prescribed for GS-18 
     of the General Schedule by section 5332'' and inserting 
     ``payable under section 5376'';
       (2) in section 221(b)(2), by striking the last sentence; 
     and
       (3) in section 299D, by striking subsection (d).
       (b) Conforming Amendments.--
       (1) Title 5.--Section 5315 of title 5, United States Code, 
     is amended by striking ``Office of Juvenile Justice and 
     Delinquency Prevention'' and inserting ``Office of Juvenile 
     Crime Control and Delinquency Prevention''.
       (2) Title 18.--Section 4351(b) of title 18, United States 
     Code, is amended by striking ``Office of Juvenile Justice and 
     Delinquency Prevention'' and inserting ``Office of Juvenile 
     Crime Control and Delinquency Prevention''.
       (3) Title 39.--Subsections (a)(1) and (c) of section 3220 
     of title 39, United States Code, is amended by striking 
     ``Office of Juvenile Justice and Delinquency Prevention'' 
     each place it appears and inserting ``Office of Juvenile 
     Crime Control and Delinquency Prevention''.
       (4) Social security act.--Section 463(f) of the Social 
     Security Act (42 U.S.C. 663(f)) is amended by striking 
     ``Office of Juvenile Justice and Delinquency Prevention'' and 
     inserting ``Office of Juvenile Crime Control and Delinquency 
     Prevention''.
       (5) Omnibus crime control and safe streets act of 1968.--
     Sections 801(a), 804, 805, and 813 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3712(a), 3782, 3785, 3786, 3789i) are each amended by 
     striking ``Office of Juvenile Justice and Delinquency 
     Prevention'' each place it appears and inserting ``Office of 
     Juvenile Crime Control and Delinquency Prevention''.
       (6) Victims of child abuse act of 1990.--The Victims of 
     Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is 
     amended--
       (A) in section 214(b)(1), by striking ``262, 293, and 296 
     of subpart II of title II'' and inserting ``299B and 299E'';
       (B) in section 214A(c)(1), by striking ``262, 293, and 296 
     of subpart II of title II'' and inserting ``299B and 299E'';
       (C) in sections 217 and 222, by striking ``Office of 
     Juvenile Justice and Delinquency Prevention'' each place it 
     appears and inserting ``Office of Juvenile Crime Control and 
     Delinquency Prevention''; and
       (D) in section 223(c), by striking ``section 262, 293, and 
     296'' and inserting ``sections 262, 299B, and 299E''.
       (7) Missing children's assistance.--The Missing Children's 
     Assistance Act (42 U.S.C. 5771 et seq.) is amended--
       (A) in section 403(2), by striking ``Justice and 
     Delinquency Prevention'' and inserting ``Crime Control and 
     Delinquency Prevention''; and
       (B) in subsections (a)(5)(E) and (b)(1)(B) of section 404, 
     by striking ``section 313'' and inserting ``section 331''.
       (8) Crime control act of 1990.--The Crime Control Act of 
     1990 (42 U.S.C. 13001 et seq.) is amended--
       (A) in section 217(c)(1), by striking ``sections 262, 293, 
     and 296 of subpart II of title II'' and inserting ``sections 
     299B and 299E''; and
       (B) in section 223(c), by striking ``section 262, 293, and 
     296 of title II'' and inserting ``sections 299B and 299E''.

     SEC. 4270. REFERENCES.

       In any Federal law (excluding this Act and the Acts amended 
     by this Act), Executive order, rule, regulation, order, 
     delegation of authority, grant, contract, suit, or document--
       (1) a reference to the Office of Juvenile Justice and 
     Delinquency Prevention shall be deemed to include a reference 
     to the Office of Juvenile Crime Control and Delinquency 
     Prevention, and
       (2) a reference to the National Institute for Juvenile 
     Justice and Delinquency Prevention shall be deemed to include 
     a reference to Office of Juvenile Crime Control and 
     Delinquency Prevention.

[[Page S213]]

             PART 6--LOCAL GUN VIOLENCE PREVENTION PROGRAMS

     SEC. 4271. COMPETITIVE GRANTS FOR CHILDREN'S FIREARM SAFETY 
                   EDUCATION.

       (a) Purposes.--The purposes of this section are--
       (1) to award grants to assist local educational agencies, 
     in consultation with community groups and law enforcement 
     agencies, to educate children about preventing gun violence; 
     and
       (2) to assist communities in developing partnerships 
     between public schools, community organizations, law 
     enforcement, and parents in educating children about 
     preventing gun violence.
       (b) Definitions.--In this section:
       (1) Local educational agency.--The term ``local educational 
     agency'' has the same meaning given such term in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (3) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the Commonwealth of the Northern 
     Mariana Islands, and the United States Virgin Islands.
       (c) Allocation of Competitive Grants.--
       (1) Grants by the secretary.--For any fiscal year in which 
     the amount appropriated to carry out this section does not 
     equal or exceed $50,000,000, the Secretary of Education may 
     award competitive grants described under subsection (d).
       (2) Grants by the states.--For any fiscal year in which the 
     amount appropriated to carry out this section exceeds 
     $50,000,000, the Secretary shall make allotments to State 
     educational agencies pursuant to paragraph (3) to award 
     competitive grants described in subsection (d).
       (3) Formula.--Except as provided in paragraph (4), funds 
     appropriated to carry out this section shall be allocated 
     among the States as follows:
       (A) Minors.--75 percent of such amount shall be allocated 
     proportionately based upon the population that is less than 
     18 years of age in the State.
       (B) Incarcerated minors.--25 percent of such amount shall 
     be allocated proportionately based upon the population that 
     is less than 18 years of age in the State that is 
     incarcerated.
       (4) Minimum allotment.--Of the amounts appropriated to 
     carry out this section, 0.50 percent shall be allocated to 
     each State.
       (d) Authorization of Competitive Grants.--The Secretary or 
     the State educational agency, as the case may be, may award 
     grants to eligible local educational agencies for the 
     purposes of educating children about preventing gun violence, 
     in accordance with the following:
       (1) Assurances.--
       (A) Amount of funds distributed.--The Secretary or the 
     State educational agency, as the case may be, shall ensure 
     that not less than 90 percent of the funds allotted under 
     this section are distributed to local educational agencies.
       (B) Distribution.--In awarding the grants, the Secretary or 
     the State educational agency, as the case may be, shall 
     ensure, to the maximum extent practicable--
       (i) an equitable geographic distribution of grant awards;
       (ii) an equitable distribution of grant awards among 
     programs that serve public elementary school students, public 
     secondary school students, and a combination of both; and
       (iii) that urban, rural and suburban areas are represented 
     within the grants that are awarded.
       (2) Priority.--In awarding grants under this section, the 
     Secretary or the State educational agency, as the case may 
     be, shall give priority to a local educational agency that--
       (A) coordinates with other Federal, State, and local 
     programs that educate children about personal health, safety, 
     and responsibility, including programs carried out under the 
     Safe and Drug-Free Schools and Communities Act of 1994 (20 
     U.S.C. 7101 et seq.);
       (B) serves a population with a high incidence of students 
     found in possession of a weapon on school property or 
     students suspended or expelled for bringing a weapon onto 
     school grounds or engaging in violent behavior on school 
     grounds; and
       (C) forms a partnership that includes not less than 1 local 
     educational agency working in consultation with not less than 
     1 public or private nonprofit agency or organization with 
     experience in violence prevention or 1 local law enforcement 
     agency.
       (3) Peer review; consultation.--
       (A) In general.--
       (i) Peer review by panel.--Before grants are awarded, the 
     Secretary shall submit grant applications to a peer review 
     panel for evaluation.
       (ii) Composition of panel.--The panel shall be composed of 
     not less than 1 representative from a local educational 
     agency, State educational agency, a local law enforcement 
     agency, and a public or private nonprofit organization with 
     experience in violence prevention.
       (B) Consultation.--The Secretary shall submit grant 
     applications to the Attorney General for consultation.
       (e) Eligible Grant Recipients.--
       (1) In general.--Except as provided in paragraph (2), an 
     eligible grant recipient is a local educational agency that 
     may work in partnership with 1 or more of the following:
       (A) A public or private nonprofit agency or organization 
     with experience in violence prevention.
       (B) A local law enforcement agency.
       (C) An institution of higher education.
       (2) Exception.--A State educational agency may, with the 
     approval of a local educational agency, submit an application 
     on behalf of such local educational agency or a consortium of 
     such agencies.
       (f) Local Applications; Reports.--
       (1) Applications.--Each local educational agency that 
     wishes to receive a grant under this section shall submit an 
     application to the Secretary and the State educational agency 
     that includes--
       (A) a description of the proposed activities to be funded 
     by the grant and how each activity will further the goal of 
     educating children about preventing gun violence;
       (B) how the program will be coordinated with other programs 
     that educate children about personal health, safety, and 
     responsibility, including programs carried out under the Safe 
     and Drug-Free Schools and Communities Act of 1994 (20 
     U.S.C. 7101 et seq.); and
       (C) the age and number of children that the programs will 
     serve.
       (2) Reports.--Each local educational agency that receives a 
     grant under this section shall submit a report to the 
     Secretary and to the State educational agency not later than 
     18 months after the grant is awarded and submit an additional 
     report to the Secretary and to the State not later than 36 
     months after the grant is awarded. Each report shall include 
     information regarding--
       (A) the activities conducted to educate children about gun 
     violence;
       (B) how the program will continue to educate children about 
     gun violence in the future; and
       (C) how the grant is being coordinated with other Federal, 
     State, and local programs that educate children about 
     personal health, safety, and responsibility, including 
     programs carried out under the Safe and Drug-Free Schools and 
     Communities Act of 1994 (20 U.S.C. 7101 et seq.).
       (g) Authorized Activities.--
       (1) Required activities.--Grants authorized under 
     subsection (d) shall be used for the following activities:
       (A) Supporting existing programs that educate children 
     about personal health, safety, and responsibility, including 
     programs carried out under the Safe and Drug-Free Schools and 
     Communities Act of 1994 (20 U.S.C. 7101 et seq.).
       (B) Educating children about the effects of gun violence.
       (C) Educating children to identify dangerous situations in 
     which guns are involved and how to avoid and prevent such 
     situations.
       (D) Educating children how to identify threats and other 
     indications that their peers are in possession of a gun and 
     may use a gun, and what steps they can take in such 
     situations.
       (E) Developing programs to give children access to adults 
     to whom they can report, in a confidential manner, any 
     problems relating to guns.
       (2) Permissible activities.--Grants authorized under 
     subsection (d) may be used for the following:
       (A) Encouraging schoolwide programs and partnerships that 
     involve teachers, students, parents, administrators, other 
     staff, and members of the community in reducing gun incidents 
     in public elementary and secondary schools.
       (B) Establishing programs that assist parents in helping 
     educate their children about firearm safety and the 
     prevention of gun violence.
       (C) Providing ongoing professional development for public 
     school staff and administrators to identify the causes and 
     effects of gun violence and risk factors and student behavior 
     that may result in gun violence, including training sessions 
     to review and update school crisis response plans and school 
     policies for preventing the presence of guns on school 
     grounds and facilities.
       (D) Providing technical assistance for school psychologists 
     and counselors to provide timely counseling and evaluations, 
     in accordance with State and local laws, of students who 
     possess a weapon on school grounds.
       (E) Improving security on public elementary and secondary 
     school campuses to prevent outside persons from entering 
     school grounds with firearms.
       (F) Assisting public schools and communities in developing 
     crisis response plans when firearms are found on school 
     campuses and when gun-related incidents occur.
       (h) State Applications; Activities and Reports.--
       (1) State applications.--
       (A) Contents.--Each State desiring to receive funds under 
     this section shall, through its State educational agency, 
     submit an application to the Secretary of Education at such 
     time and in such manner as the Secretary shall require. Such 
     application shall describe--
       (i) the manner in which funds under this section for State 
     activities and competitive grants will be used to fulfill the 
     purposes of this section;

[[Page S214]]

       (ii) the manner in which the activities and projects 
     supported by this section will be coordinated with other 
     State and Federal education, law enforcement, and juvenile 
     justice programs, including the Safe and Drug-Free Schools 
     and Communities Act of 1994 (20 U.S.C. 7101 et seq.);
       (iii) the manner in which States will ensure an equitable 
     geographic distribution of grant awards; and
       (iv) the criteria which will be used to determine the 
     impact and effectiveness of the funds used pursuant to this 
     section.
       (B) Form.--A State educational agency may submit an 
     application to receive a grant under this section under 
     paragraph (1) or as an amendment to the application the State 
     educational agency submits under the Safe and Drug-Free 
     Schools and Communities Act of 1994 (20 U.S.C. 7101 et seq.).
       (2) State activities.--Of appropriated amounts allocated to 
     the States under subsection (c)(2), the State educational 
     agency may reserve not more than 10 percent for activities to 
     further the goals of this section, including--
       (A) providing technical assistance to eligible grant 
     recipients in the State;
       (B) performing ongoing research into the causes of gun 
     violence among children and methods to prevent gun violence 
     among children; and
       (C) providing ongoing professional development for public 
     school staff and administrators to identify the causes and 
     indications of gun violence.
       (3) State reports.--Each State receiving an allotment under 
     this section shall submit a report to the Secretary and to 
     the Committees on Health, Education, Labor, and Pensions and 
     the Judiciary of the Senate and the Committees on Education 
     and the Workforce and the Judiciary of the House of 
     Representatives, not later than 12 months after receipt of 
     the grant award and shall submit an additional report to 
     those committees not later than 36 months after receipt of 
     the grant award. Each report shall include information 
     regarding--
       (A) the progress of local educational agencies that 
     received a grant award under this section in the State in 
     educating children about firearms;
       (B) the progress of State activities under paragraph (1) to 
     advance the goals of this section; and
       (C) how the State is coordinating funds allocated under 
     this section with other State and Federal education, law 
     enforcement, and juvenile justice programs, including the 
     Safe and Drug-Free Schools and Communities Act of 1994 (20 
     U.S.C. 7101 et seq.).
       (i) Supplement Not Supplant.--A State or local educational 
     agency shall use funds received under this section only to 
     supplement the amount of funds that would, in the absence of 
     such Federal funds, be made available from non-Federal 
     sources for reducing gun violence among children and 
     educating children about firearms, and not to supplant such 
     funds.
       (j) Displacement.--A local educational agency that receives 
     a grant award under this section shall ensure that persons 
     hired to carry out the activities under this section do not 
     displace persons already employed.
       (k) Home Schools.--Nothing in this section shall be 
     construed to affect home schools.
       (l) Authorization of Appropriations.--There are authorized 
     to be appropriated for this section $60,000,000 for each of 
     fiscal years 2002, 2003, and 2004.

     SEC. 4272. DISSEMINATION OF BEST PRACTICES VIA THE INTERNET.

       (a) Model Dissemination.--The Secretary of Education shall 
     include on the Internet site of the Department of Education a 
     description of programs that receive grants under section 
     4271.
       (b) Grant Program Notification.--The Secretary shall 
     publicize the competitive grant program through its Internet 
     site, publications, and public service announcements.

     SEC. 4273. GRANT PRIORITY FOR TRACING OF GUNS USED IN CRIMES 
                   BY JUVENILES.

       Section 517 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3763) is amended by adding at the end 
     the following:
       ``(c) Priority.--In awarding discretionary grants under 
     section 511 to public agencies to undertake law enforcement 
     initiatives relating to gangs, or relating to juveniles who 
     are involved or at risk of involvement in gangs, the Director 
     shall give priority to a public agency that includes in its 
     application a description of strategies or programs of that 
     public agency (either in effect or proposed) that provide 
     cooperation between Federal, State, and local law enforcement 
     authorities, through the use of firearms and ballistics 
     identification systems, to disrupt illegal sale or transfer 
     of firearms to or between juveniles through tracing the 
     sources of guns used in crime that were provided to 
     juveniles.''.
                                  ____


 21st Century Law Enforcement, Crime Prevention, and Victim Assistance 
                    Act--Section-by-Section Analysis


Title I: supporting Law Enforcement and the Effective Administration of 
                                Justice

              Subtitle A. Support for Community Personnel

       Sec. 1101. 21st century community policing initiative. 
     Extends COPS program through FY2007. Authorizes funds for up 
     to 50,000 police officers, 10,000 additional prosecutors, and 
     10,000 indigent defense attorneys. Authorizes $350 million 
     annually for new law enforcement technology designed to 
     improve police communications and promote comprehensive crime 
     analysis.

   Subtitle B. Protecting Federal, State, and Local Law Enforcement 
                       Officers and the Judiciary

       Sec. 1201. Expansion of protection of Federal officers and 
     employees from murder due to their status. Clarifies that it 
     is a crime to murder a Federal employee because of his or her 
     status, as well as because of his or her performance of 
     official duties, and that the same protection applies to a 
     State or local government employee who is assisting a Federal 
     official.
       Sec. 1202. Assaulting, resisting, or impeding certain 
     officers or employees. Increases the maximum penalties for 
     simple assault (from 1 to 3 years) and other assaults (from 
     10 to 20 years) on Federal officials acting in performance of 
     their official duties, or persons acting in concert with a 
     Federal employee.
       Sec. 1203. Influencing, impeding, or retaliating against a 
     Federal official by threatening or injuring a family member. 
     Increases the maximum penalties for actual or attempted 
     influencing, impeding, or retaliating against a Federal 
     official by threatening a family member of the employee, from 
     5 to 10 years, and from 3 to 6 years if the threat is to 
     commit an assault.
       Sec. 1204. Mailing threatening communications. Increases 
     the maximum penalties from 5 to 10 years for threats of 
     injury or kidnaping of any person mailed to a Federal judge, 
     and from 3 to 6 years for extortionate threats to Federal 
     judges.
       Sec. 1205. Amendment of the sentencing guidelines for 
     assaults and threats against Federal judges and certain other 
     Federal officials and employees. Directs the United States 
     Sentencing Commission to amend the Sentencing Guidelines to 
     enhance penalties for assaults and threats against Federal 
     judges and other Federal officials and employees engaged in 
     their official duties.
       Sec. 1206. Killing persons aiding Federal investigations or 
     State correctional officers. Provides that the killing of a 
     person working with Federal officials in a State or joint 
     Federal-State investigation shall be a crime, just as is a 
     killing in conjunction with a Federal investigation.
       Sec. 1207. Killing State correctional officers. Clarifies 
     that Federal criminal penalties regarding assaults by 
     prisoners apply where the person committing the offense was 
     incarcerated prior to a finding of guilt, including pending 
     an initial appearance, arraignment, trial, or appeal.
       Sec. 1208. Establishment of protective function privilege. 
     Establishes a privilege against testimony by Secret Service 
     officers charged with protecting the President, those in 
     direct line for the Presidency, and visiting foreign heads of 
     state.

                   Part 1. Extension of Project Exile

       Sec. 1311. Authorization of funding for additional State 
     and local gun prosecutors. Authorizes $150,000,000 in FY2002 
     to hire additional local and State prosecutors to expand the 
     Project Exile program in high gun-crime areas. Requires 
     interdisciplinary team approach to prevent, reduce, and 
     respond to firearm related crimes in partnership with 
     communities.
       Sec. 1312. Authorization of funding for additional Federal 
     firearms prosecutors and gun enforcement teams. Authorizes 
     the Attorney General to hire 114 additional Federal 
     prosecutors to prosecute violations of Federal firearms in up 
     to 20 jurisdictions designated as high crime areas. 
     Authorizes $15,000,000 for FY2002.

    Part 2. Expansion of the Youth Crime Gun Interdiction Initiative

       Sec. 1321. Youth Crime Gun Interdiction Initiative. Directs 
     the Secretary of the Treasury to expand participation in the 
     Youth Crime Gun Interdiction Initiative (``YCGII''). 
     Authorizes grants to States and localities for purposes of 
     assisting them in the tracing of firearms and participation 
     in the YCGII.

                          Part 3. Gun Offenses

       Sec. 1331. Gun ban for dangerous juvenile offenders. 
     Prohibits juveniles adjudged delinquent for serious drug 
     offenses or violent felonies from receiving or possessing a 
     firearm, and makes it a crime for any person to sell or 
     provide a firearm to someone they have reason to believe has 
     been adjudged delinquent. This section applies only 
     prospectively, and access to firearms may be restored under 
     State restoration of rights provisions, but only if such 
     restoration is on a case-by-case, rather than automatic 
     basis.
       Sec. 1332. Improving firearms safety. Requires gun dealers 
     to have secure gun storage devices available for sale, 
     including any device or attachment to prevent a gun's use by 
     one not having regular access to the firearm, or a lockable 
     safe or storage box.
       Sec. 1333. Juvenile handgun safety. Increases the maximum 
     penalty for transferring a handgun to a juvenile or for a 
     juvenile to unlawfully possess a handgun from 1 to 5 years.
       Sec. 1334. Serious juvenile drug offenses as armed career 
     criminal predicates. Permits the use of an adjudication of 
     juvenile delinquency for a serious drug trafficking offense 
     as a predicate offense for determining whether a defendant 
     falls within the Armed Career Criminal Act. That act provides 
     additional penalties for armed criminals with a proven record 
     of serious crimes involving drugs and violence.

[[Page S215]]

       Sec. 1335. Increased penalty for transferring a firearm to 
     a minor for use in crime of violence or drug trafficking 
     crime. Increases the maximum penalty for providing a firearm 
     to a juvenile that one knows will be used in a serious crime 
     from 10 to 15 years.
       Sec. 1336. Increased penalty for firearms conspiracy. 
     Subjects conspirators to the same penalties as are provided 
     for the underlying firearm offenses in 18 U.S.C. Sec. 924.

                 Part 4. Closing the Gun Show Loophole

       Sec. 1341. Extension of Brady background checks to gun 
     shows. Eliminates the gun show loopholes by requiring 
     criminal background checks on all gun sales at gun shows; 
     clarifies that gun sellers and buyers are not subject to 
     penalties unless they knowingly attempt to circumvent the 
     background checks; and amends the Brady law to prevent the 
     Federal government from keeping records on qualified 
     purchasers for more than 90 days.

Subtitle D. Assistance to States for Prosecuting and Punishing Juvenile 
                 Offenders, and Reducing Juvenile Crime

       Sec. 1401. Juvenile and violent offender incarceration 
     grants. Authorizes the Attorney General to make grants to 
     States, local governments, or any combination thereof, to 
     assist them in planning, establishing, and operating secure 
     facilities, staff-secure facilities, detention centers, and 
     other correctional programs for violent juvenile offenders.
       Sec. 1402. Certain punishment and graduated sanctions for 
     youth offenders. Authorizes the Attorney General to make 
     grants for the purposes of: (1) providing juvenile courts 
     with a range of sentencing options such that first time 
     juvenile offenders face some level of punishment as a result 
     of their initial contact with the juvenile justice system; 
     and (2) increasing the sentencing options available to 
     juvenile court judges. Authorizes appropriations through 
     FY2005.
       Sec. 1403. Pilot program to promote replication of recent 
     successful juvenile crime reduction strategies. Directs the 
     Attorney General to establish a pilot program to encourage 
     and support communities that adopt a comprehensive approach 
     to suppressing and preventing violent juvenile crime 
     patterned after successful State juvenile crime reduction 
     strategies. Authorities appropriations through FY2004.
       Sec. 1404. Reimbursement of States for costs of 
     incarcerating juvenile alien offenders. Amends: (1) the 
     Immigration Reform and Control Act of 1986 to provide for the 
     reimbursement of States for the costs of incarcerating 
     juvenile alien offenders; and (2) the Illegal Immigration 
     Reform and Immigrant Reform and Immigrant Responsibility Act 
     of 1996 to require that the annual report on criminal aliens 
     include additional details on illegal juvenile aliens.

     Subtitle E. Ballistics, Law Assistance, and Safety Technology

       Sec. 1501. Short title. This subtitle may be cited as the 
     ``Ballistics, Law Assistance, and Safety Technology Act'' 
     (``BLAST'').
       Sec. 1502. Purposes. Statement of legislative purposes.
       Sec. 1511. Definition of ballistics. Defines terms used in 
     this subtitle.
       Sec. 1512. Test firing and automated storage of ballistics 
     records. Requires a licensed manufacturer or importer to test 
     fire firearms, prepare ballistics images, make records 
     available to the Secretary of the Treasury for entry in a 
     computerized database, and store the fired bullet and 
     cartridge casings. Directs the Attorney General and the 
     Secretary to assist firearm manufacturers and importers in 
     complying. Specifies that nothing herein creates a cause of 
     action against any Federal firearms licensee or any other 
     person for any civil liability except for imposition of a 
     civil penalty under this section.
       Sec. 1513. Privacy rights of law abiding citizens. 
     Prohibits the use of ballistics information of individual 
     guns for (1) prosecutorial purposes, unless law enforcement 
     officials have a reasonable belief that crime has been 
     committed and that ballistics information would assist in the 
     investigation of that crime, or (2) the creation of a 
     national firearms registry of gun owners.
       Sec. 1514. Demonstration firearm crime reduction strategy. 
     Directs the Secretary and the Attorney General to establish 
     in the jurisdiction selected a comprehensive firearm crime 
     reduction strategy. Requires the Secretary and the Attorney 
     General to select not fewer than ten jurisdictions for 
     participation in the program. Sets forth provisions regarding 
     selection criteria.

           Subtitle F. Offender Reentry and Community Safety

       Section 1601. Short title. This subtitle may be cited as 
     the ``Offender Reentry and Community Safety Act of 2001.''
       Section 1602. Findings. Legislative findings in support of 
     this subtitle.
       Section 1603. Purposes. Statement of legislative purposes.

             Part 1. Federal Reentry Demonstration Projects

       Section 1611. Federal Reentry Center Demonstration. 
     Establishes the Federal Reentry Center Demonstration project 
     to assist participating prisoners, under close monitoring, in 
     preparing for and adjusting to reentry into the community; 
     details project duration and selection of districts in which 
     to carry out programs.
       Section 1612. Federal High-Risk Offender Reentry 
     Demonstration. Establishes the Federal High-Risk Offender 
     Reentry Demonstration project. Uses community corrections 
     facilities and appropriate monitoring technologies to promote 
     effective reentry into the community; notifies victims of 
     prisoner reentry; details project duration and selection of 
     districts in which to carry out programs.
       Section 1613. District of Columbia Intensive Supervision, 
     Tracking, and Reentry Training (DC iSTART) Demonstration. 
     Establishes the District of Columbia Intensive Supervision, 
     Tracking and Reentry Training Demonstration (DC iSTART) 
     project. Uses intensive supervision to promote high risk 
     parolees' successful reentry into the community.
       Section 1614. Federal Intensive Supervision, Tracking, and 
     Reentry Training (FED iSTART) Demonstration. Establishes the 
     Federal Intensive Supervision, Tracking and Reentry Training 
     Demonstration (FED iSTART) project. Uses intensive 
     supervision to promote high risk parolees' successful reentry 
     into the community.
       Section 1615. Federal Enhanced In-Prison Vocational 
     Assessment and Training Demonstration. Establishes Federal 
     Enhanced In-Prison Vocational Assessment and Training 
     Demonstration project to provide in-prison assessment of 
     prisoners' vocational needs, development, and release 
     readiness, and other programs to prepare Federal prisoners 
     for reentry into the community.
       Section 1616. Research and reports to Congress. Defines 
     requirements for reporting on the effectiveness of the 
     programs established in this subtitle.
       Section 1617., Definitions. Defines terms used in this 
     subtitle.
       Section 1618. Authorization of appropriations. Authorizes 
     appropriations through FY2006.

                  Part 2. State Reentry Grant Programs

       Section 1621. Amendments to the Omnibus Crime Control and 
     Safe Streets Act of 1968. Establishes adult offender reentry 
     demonstration projects; State and local reentry courts; 
     juvenile offender State and local reentry programs; and State 
     reentry program research, development, and evaluation.


           Title II: Strengthening the Federal Criminal Laws

                  Subtitle A. Combating Gang Violence

         Part 1. Enhanced Penalties for Gang Related Activities

       Sec. 2101. Gang franchising. Prohibits travel in interstate 
     commerce to create or promote a franchise of a criminal 
     street gang, with penalty of up to 10 years in prison for a 
     violation.
       Sec. 2102. Enhanced penalties for use or recruitment of 
     minors in gangs. Requires the United States Sentencing 
     Commission to provide for enhanced penalties for those who 
     use or recruit minors in a criminal street gang franchise.
       Sec. 2103. Gang franchising as a RICO predicate. Makes gang 
     franchising a predicate crime for a RICO prosecution.
       Sec. 2104. Increase in offense level for participating in 
     crime as a gang member. Requires the United States Sentencing 
     Commission to provide an enhanced penalty for street gang 
     members who commit crimes as a member of the gang.
       Sec. 2105. Enhanced penalty for discharge of a firearm in 
     relation to counts of violence or drug trafficking crimes. 
     Requires the United States Sentencing Commission to provide 
     for an enhanced penalty for any defendant who discharges a 
     firearm during the course of a crime of violence or a drug 
     offense.
       Sec. 2106. Punishment of arson or bombings at facilities 
     receiving Federal financial assistance. Sets penalties for 
     arson or bombings a facilities of any institution or 
     organization receiving Federal financial assistance.
       Sec. 2107. Elimination of statute of limitations for 
     murder. Eliminates the Federal statute of limitations for 
     Federal crimes involving murder regardless of whether the 
     crime carries the death penalty. Lifts the statute of 
     limitation, for example, on RICO offenses involving murder.
       Sec. 2108. Extension of statute of limitations for violent 
     and drug trafficking crimes. Extends to 10 years the statute 
     of limitations for Class A felonies involving drug 
     trafficking and crimes of violence.
       Sec. 2109. Increased penalties under the RICO law for gang 
     and violent crimes. Raises the maximum term of imprisonment 
     for a violation of RICO to 20 years or life imprisonment.
       Sec. 2110. Increased penalty and broadened scope of statute 
     against violent crimes in aid of racketeering. Expands the 
     scope of anti-racketeering laws by including as violations 
     not only threats of violence in aid of racketeering, but also 
     actual acts of violence. Increases maximum penalty for 
     conspiracy to kidnap or murder in aid of racketeering from 10 
     years to life imprisonment; raises maximum penalty for other 
     actual or attempted crimes of violence in aid of racketeering 
     from 5 to 10 years.
       Sec. 2111. Facilitating the prosecution of carjacking 
     offenses. Eliminates requirement that prosecutors prove that 
     a defendant actually intended to cause death or serious 
     bodily injury, as opposed, for example, to using a firearm 
     ``merely'' to threaten the car owner.
       Sec. 2112. Facilitation of RICO prosecutions. Eliminates 
     requirement that prosecutors prove that each defendant 
     committed two specific acts of racketeering activity. Brings 
     RICO conspiracy law into line with general conspiracy law.
       Sec. 2113. Assault as a RICO predicate. Makes an assault a 
     predicate offense for purposes of the RICO statute

[[Page S216]]

       Sec. 2114. Expansion of definition of ``racketeering 
     activity'' to affect gangs in Indian country. Expands the 
     definition of racketeering activity to include acts or 
     threats committed solely in Indian Country.
       Sec. 2115. Increased penalties for violence in the course 
     of riot offenses. Changes the current 5 year maximum penalty 
     for violence in the course of a riot to a maximum of life 
     imprisonment where death results, or 20 years where serious 
     bodily injury results.
       Sec. 2116. Expansion of Federal jurisdiction over crimes 
     occurring in private penal facilities housing Federal 
     prisoners or prisoners from other States. Expands the 
     definition of prisons under chapter 87 of Title 18 to 
     include, in addition to Federal prisons, private facilities 
     used to house Federal prisoners or for interstate housing of 
     prisoners.

              Part 2. Targeting Gang-Related Gun Offenses

       Sec. 2121. Transfer of firearm to commit a crime of 
     violence. Increases the ability of prosecutors to punish 
     those who facilitate crimes of violence by providing firearms 
     to criminals. Specifies that it is a crime for a person to 
     transfer a weapon to another when the person has ``reason to 
     know'', or actual knowledge, that the recipient of the weapon 
     will use it to commit a crime of violence.
       Sec. 2122. Increased penalty for knowingly receiving 
     firearm with obliterated serial number. Increases from 5 to 
     10 years the maximum penalty for receiving a firearm with an 
     obliterated serial number, makes the maximum penalty the same 
     as for receiving a firearm known to be stolen.
       Sec. 2123. Amendment of sentencing guidelines for transfers 
     of firearms to prohibited persons. Directs the United States 
     Sentencing commission to enhance penalties for the transfer 
     of a firearm to a person whom the defendant has reasonable 
     cause to believe is prohibited from possessing the firearm.

  Part 3. Using and Protecting Witnesses to Help Prosecute Gangs and 
                        Other Violent Criminals

       Sec. 2131. Interstate travel to engage in witness 
     intimidation or obstruction of justice. Adds witness bribery, 
     witness intimidation, obstruction of justice, and related 
     conduct in State criminal proceedings to the list of 
     predicates under the Travel Act.
       Sec. 2132. Expanding pretrial detention eligibility for 
     serious gang and other violent criminals. Protects witnesses 
     by expanding eligibility for pretrial detention of gang 
     members likely to harm or intimidate a witness. Allows a 
     court to (1) consider any adjudication of juvenile 
     delinquency in determining the number of prior convictions of 
     a defendant; (2) treat prior convictions for crimes of 
     possession of explosives or firearms as ``crimes of 
     violence''; and (3) consider membership in a criminal street 
     gang as a factor.
       Sec. 2133. Conspiracy penalty for obstruction of justice 
     offenses involving victims, witnesses, and informants. Makes 
     a conspiracy to intimidate a witness or to obstruct justice a 
     separate crime punishable by up to the amount of the 
     contemplated crime, as opposed to the five year maximum under 
     the existing general conspiracy statute.
       Sec. 2134. Allowing a reduction in sentence for providing 
     useful investigative information although not regarding a 
     particular individual. Clarifies the criminal code and the 
     Federal Rules of Criminal Procedure provisions dealing with 
     reduced sentences in return for cooperation investigation, as 
     opposed to an investigation focused on a particular person.
       Sec. 2135. Increasing the penalty for using physical force 
     to tamper with witnesses, victims or informants. Amends the 
     witness tampering statute to include not only killing or 
     attempting to kill a witness, but also any use or attempted 
     use of physical force to deter a witness, and efforts to 
     delay testimony by witnesses or to alter or destroy 
     documents.
       Sec. 2136. Expansion of Federal kidnaping offense to cover 
     when death of victim occurs before crossing State line and 
     when facility in interstate commerce or the mails are used. 
     Expands the Federal kidnaping offense to cover situations 
     where the death of the victim occurs before the crossing of 
     any State line, and situations where a facility in interstate 
     commerce or the mails is used, to make clear that the Federal 
     courts have jurisdiction over such cases.
       Sec. 2137. Assaults or other crimes of violence for hire. 
     Includes, in addition to murder for hire connected to 
     interstate commerce, all felony crimes of violence against 
     persons under such circumstances as Federal crimes.
       Sec. 2138. Clarification of interstate threats statute to 
     cover threats to kill. Clarifies the interstate threats 
     statute covers threats to kill as well as threats merely to 
     injure.
       Sec. 2139. Conforming amendment to law punishing 
     obstruction of justice by notification of existence of 
     subpoena for records in certain types of investigations. 
     Expands the list of predicate crimes under the Federal 
     obstruction of justice statute to include the Controlled 
     Substances Act, the Controlled Substances Import and Export 
     Act, and the Internal Revenue Code.

                       Part 4. Gang Paraphernalia

       Sec. 2141. Streamlining procedures for law enforcement 
     access to clone numeric pagers. Allows the use of clone 
     pagers (devices used to capture numbers sent to another 
     pager) with consent or on application to a court.
       Sec. 2142. Sentencing enhancement for using body armor in 
     commission of a felony. Requires the Sentencing Commission to 
     adopt an appropriate sentencing enhancement for crimes 
     committed by persons wearing body armor, and provides an 
     exception where the crime is committed by a police officer, 
     who often wears such armor in the course of official duties.
       Sec. 2143. Sentencing enhancement for using laser sighting 
     devices in commission of a felony. Requires the Sentencing 
     Commission to adopt an appropriate sentencing enhancement for 
     the use or possession of a laser sighting device in the 
     commission of a felony.
       Sec. 2144. Government access to location information. 
     Provides that a mobile electronic communications service is 
     to provide the real-time physical location of a customer's 
     cell phone only upon a court order finding probable cause 
     connecting the subscriber to a felony.
       Sec. 2145. Limitation on obtaining transactional 
     information from pen registers or trap and trace devices. 
     Provides that ex parte orders for the use of pen registers or 
     trap and trace devices are to direct that the devices be used 
     so as to minimize the interception of information other than 
     that involved in processing the call (i.e. telephone 
     numbers).

                 Subtitle B. Combating Money Laundering

       Sec. 2201. Short title. This subtitle may be cited as the 
     ``Money Laundering Enforcement Act of 2001''.
       Sec. 2202. Illegal money transmitting businesses. Provides 
     that a defendant need only know that a money transmitting 
     business lacked a license required by the State law, not that 
     the operation of the business without the license was a 
     criminal violation of State law. Therefore, a prosecutor does 
     not have to provide actual knowledge of State law.
       Sec. 2203. Restraint of assets of persons arrested a 
     abroad. Responds to the ease with which money can be 
     transferred from country to country by electronic means, and 
     provides for temporary seizure of property held within the 
     Unites States when a person has been arrested or charged in a 
     foreign country.
       Sec. 2204. Civil money laundering jurisdiction over foreign 
     persons.. Provides ``long arm'' jurisdiction over foreign 
     banks engaged in money laundering that have accounts in the 
     United States, so that the foreign bank cannot claim that it 
     lacks the minimum contacts with the United States for in 
     personam jurisdiction.
       Sec. 2205. Punishment of laundering money through foreign 
     banks. Amends civil money laundering provisions to include 
     foreign as well as domestic banks in the definition of 
     ``financial institutions''.
       Sec. 2206. Addition of serious foreign crimes to list of 
     money laundering predicates. Expands the list of money 
     laundering ``specified unlawful activity,'' or crimes for 
     which money laundering prosecutions can be brought. Includes 
     the following foreign crimes as predictes for a money 
     laundering prosecution: (1) all crimes of violence not 
     currently covered; (2) fraud against a foreign government; 
     (3) bribery of or theft by a foreign official; (4) smuggling 
     weapons; and (5) any other offense for which the United 
     States would extradite the defendant.
       Sec. 2207. Criminal forfeiture for money laundering 
     conspiracies.. Makes a conspiracy to commit an existing 
     forfeiture crime a separate criminal violation.
       Sec. 2208. Fungible property in foreign bank accounts. 
     Amends fungible property provisions to make them applicable 
     to all forfeitures (e.g., drug violations as well as money 
     laundering violations) and to foreign and domestic banks. 
     Extends the term for bringing fungible property actions from 
     one year to two years. Makes clear that the time runs from 
     the arrest or seizure.
       Sec. 2209. Admissibility of foreign business records. 
     Provides that foreign records are admissible in civil 
     proceedings in the same way that they currently are 
     admissible in criminal proceedings.
       Sec. 2210. Charging money laundering as a course of 
     conduct. Allows prosecutors to charge a continuing scheme to 
     violate the money laundering statutes as a single count in an 
     indictment, as an alternative to the present requirement that 
     prosecutors charge each transaction as a separate count.
       Sec. 2211. Venue in money laundering cases. Establishes 
     that a money laundering prosecution can be brought in any 
     district in which the transaction is conducted, where a 
     prosecution for the underlying specified unlawful activity 
     could be brought, or where an act in any conspiracy took 
     place.
       Sec. 2212. Technical amendment to restore wiretap authority 
     for certain money laundering offenses. Restores Federal 
     authority to obtain wiretaps in cases involving illegal 
     structuring of currency transactions.
       Sec. 2213. Criminal penalties for violations of anti-money 
     laundering orders. Clarifies that criminal penalties apply to 
     violations of Department of Treasury ``geographic targeting 
     orders'' (temporary orders in enforcement of the Bank Secrecy 
     Act). Violations occur where there are false reports or 
     failures to make required reports.
       Sec. 2214. Encouraging financial institution to notify law 
     enforcement of suspicious financial transactions. Expands the 
     definition of financial institutions which may, without civil 
     liability, report suspicious financial transactions to law 
     enforcement officials. Expanded definition includes 
     electronics communications services that facilitate 
     international transfer.

[[Page S217]]

       Sec. 2215. Coverage of foreign bank branches in the 
     territories. Expands the definition of ``State'' to include 
     commonwealths, territories, and possessions of the United 
     States for purposes of the International Banking Act of 1978.
       Sec. 2216. Conforming statute of limitations amendment for 
     certain bank fraud offenses. Technical amendment to conform 
     section number references.
       Sec. 2217. Jurisdiction over certain financial crimes 
     committee abroad. Clarifies United States' jurisdiction over 
     access device fraud (credit card, debit card and 
     telecommunications fraud) where the fraud has an effect on an 
     entity within the United States.
       Sec. 2218. Knowledge that property is the process of a 
     felony. Clarifies the law regarding a defendant's knowledge 
     of the source of money in a money laundering transactions. 
     Although the offense must in fact be a felony, it is not 
     necessary that the defendant be aware that the legislature 
     has so classified the offense.
       Sec. 2219. Money laundering transactions; commingled 
     accounts. Clarifies the requirement in 18 U.S.A. Sec. 1957 
     that the monetary transaction involve more than $10,000 in 
     criminally derived property. Discusses the impact on money 
     laundering cases of commingled accounts which contain clean 
     money and money in criminally derived property.
       Sec. 2220. Laundering the process of terrorism. Corrects an 
     omission in the Antiterrorism and Effective Death Penalty Act 
     of 1996 by making it an offense to launder money which was 
     raised for the material support of a foreign terrorist 
     organization. Current law makes it an offense to raise such 
     funds but not to launder the same.
       Sec. 2221. Violations of sections 6050I. Requires any trade 
     or business receiving more than $10,000 in cash to report the 
     transaction to the IRS on Form 8300. Violations of the Form 
     8300 requirement will be treated the same as CTR and CMIR 
     violations for forfeiture purposes.
       Sec. 2222. Including agencies of tribal governments in the 
     definition of a financial institution. Prevent tribes from 
     offering ``off-shore banking'' on Indian reservations by 
     forming tribal banks that may conceal deposit records from 
     the Federal Government. Clarifies present law to state that 
     the BSA and money laundering statues apply to banks owned or 
     operated by Indian tribes.
       Sec. 2223. Penalties for violations of geographic targeting 
     orders and certain record keeping requirements. Correct 
     ambiguity regarding reporting under the Bank Secrecy Act 
     (BSA). Eliminates doubt concerning the applicability of 
     reporting provisions in reports required by GTOs issued under 
     31 U.S.C. Sec. 5326.

                    Subtitle C. Antidrug Provisions

       Sec. 2301. Amendments concerning temporary emergency 
     scheduling. Authorizes the Attorney General to schedule 
     controlled substances on an emergency basis when that 
     substance proses an immediate threat to health and/or public 
     safety. Provides protections for legitimate researchers.
       Sec. 2302. Amendment to reporting requirement for 
     transactions involving certain listed chemicals. Allows 
     reporting of certain transactions involving ephedrine, 
     pseudoephedrine and phenylpropanolamine to be exempted from 
     reporting requirements with no negative impact on law 
     enforcement goals.
       Sec. 2303. Drug paraphernalia. Adds ``packaging'' to the 
     list of uses included in the definition of ``drug 
     paraphernalia'' in the Controlled Substances Act (21 U.S.C. 
     Sec. 863(d)). Facilitates prosecution of those who 
     manufacture packaging materials, sell them, and possess them.
       Sec. 2304. Counterfeit substances/imitation controlled 
     substances. Expands the definition of counterfeit substance. 
     ``Counterfeit substance'' applies to any controlled substance 
     which is represented to be or which imitates another 
     controlled substance regardless of whether that controlled 
     substance is of licit or illicit origin. Adds a new 
     definition for imitation controlled substances.
       Sec. 2305. Conforming amendment concerning marijuana 
     plants. Corrects an inconsistency in the penalties relating 
     to marijuana plants that exists between 21 U.S.C. Sec. 841(b) 
     and 21 U.S.C. Sec. 960(b). The former statute applies to 
     domestic controlled substance trafficking violations and the 
     latter to controlled substance importation offenses. The 
     correction would make identical the number of marijuana 
     plants cited in the provisions.
       Sec. 2306. Serious juvenile drug trafficking offenses as 
     armed career criminal act predicates. Permits the use of an 
     adjudication of juvenile delinquency based on a serious drug 
     trafficking offense as a predicate offense under the Armed 
     Career Criminal Act (ACCA), 18 U.S.C. Sec. 924(c)(2)(A). The 
     ACCA targets for a lengthy period of at least 15 years' 
     imprisonment those felons found in unlawful possession of a 
     firearm who have proven records of involvement in serious 
     acts of misconduct involving drugs or violence.
       Sec. 2307. Increased penalties for using Federal property 
     to grow or manufacture controlled substances. Increases the 
     penalty for cultivating or manufacturing a controlled 
     substance on Federally owned or leased land. Federal law 
     enforcement agencies believe that the use of Federal lands 
     for cultivating and manufacturing controlled substances has 
     increased because there is no possibility that the land will 
     be forfeited as is the case if the cultivation or manufacture 
     took place on private property.
       Sec. 2308. Clarification of length of supervised release 
     terms in controlled substance cases. Resolves a conflict in 
     the circuits as to the permissible length of supervised 
     release terms in controlled substance cases.
       Sec. 2309. Supervised release period after conviction for 
     continuing criminal enterprise. Provides a mandatory minimum 
     period of 10 years of supervised release after a conviction 
     for participation in a continuing criminal enterprise where 
     there is no prior conviction, and a minimum of 15 years where 
     there has been a prior conviction.
       Sec. 2310. Technical correction to ensure compliance of 
     sentencing guidelines with provisions of all Federal 
     statutes. Ensures that sentencing guidelines promulgated by 
     the United States Sentencing Commission are consistent with 
     the provisions of all Federal statutes.
       Sec. 2311. Import and export of chemicals used to produce 
     illicit drugs. Authorizes the Drug Enforcement Administration 
     to require that exporters of certain listed chemicals to drug 
     producing areas of the world document to DEA the ultimate 
     consignee and use of the listed chemical Clarifies DEA's 
     authority to require advance notification of imports and 
     exports including identifying the importer in the country of 
     destination.

                   Subtitle D. Deterring Cargo Theft

       Sec. 2351. Punishment of cargo theft. Clarifies Federal 
     statute governing thefts of vehicles normally used in 
     interstate commerce to include trailers, motortrucks, and air 
     cargo containers; and freight warehouses and transfer 
     stations. Makes such a theft a felony punishable by three 
     (not one) years in prison. Provides for appropriate 
     amendments to the Sentencing Guidelines.
       Sec. 2352. Reports to Congress on cargo theft. Mandates 
     annual reports by the Attorney General to evaluate and 
     identify further means of combating cargo theft.
       Sec. 2353. Establishment of Advisory Committee on cargo 
     theft. Establishes a six-member Advisory Committee on Cargo 
     Theft with representatives of the Departments of Justice, 
     Treasury and Transportation, and three experts from the 
     private sector. Committee will hold hearing and submit a 
     report within one year with detailed recommendations on cargo 
     security.
       Sec. 2354. Addition of attempted theft and counterfeiting 
     offenses to eliminate gaps and inconsistencies in coverage. 
     Amends 22 statutes to clarify that attempt to embezzle funds 
     or counterfeit is a crime, just as is actual embezzlement or 
     counterfeiting.
       Sec. 2355. Clarification of scienter requirement for 
     receiving property stolen from an Indian tribal organization. 
     Provides that it is a crime to receive, conceal or retain 
     property stolen from a tribal organization if one knows that 
     the property has been stolen, even if one did not know that 
     it had been stolen from a tribal organization.
       Sec. 2356. Larceny involving post office boxes and postal 
     stamp vending machines. Clarifies that it is a crime to steal 
     from a post office box or stamp vending machine irrespective 
     of whether it is in a building used by the Postal Service.
       Sec. 2357. Expansion of Federal theft offenses to cover 
     theft of vessels. Expands Federal law covering the 
     transportation of stolen vehicles to include watercraft.

            Subtitle E. Improvements to Federal Criminal Law

                    Part 1. Sentencing Improvements

       Sec. 2411. Application of sentencing guidelines to all 
     pertinent statutes. Clarifies that the rules and regulations 
     promulgated by the United States Sentencing Commission are 
     required to be consistent with all pertinent Federal 
     statutes, not just the Federal criminal statues within titles 
     18 and 28 of the United States Code.
       Sec. 2412. Doubling maximum penalty for voluntary 
     manslaughter. Increases the maximum penalty for voluntary 
     manslaughter within the special maritime and territorial 
     jurisdiction of the United States from 10 to 20 years. Brings 
     it in line with related Federal penalties and the higher 
     penalty for voluntary manslaughter in many States.
       Sec. 2413. Authorization of imposition of both a fine and 
     imprisonment rather than only either penalty in certain 
     offenses. Provides a uniform rule allowing both fine and 
     imprisonment in all criminal statutes. Addresses drafting 
     errors that have resulted in five Federal criminal statues, 
     18 U.S.C. Sec. 401 (criminal contempt), 18 U.S.C. Sec. 1705 
     (destruction of letter boxes), 18 U.S.C. Sec. 1916 
     (unauthorized employment or disposition of lapsed 
     appropriations), 18 U.S.C. Sec. 2234 (willfully exceeding 
     search warrant) and 18 U.S.C. Sec. 2235 (maliciously 
     procuring search warrant), where the court can impose either 
     a fine or imprisonment, but not both.
       Sec. 2414. Addition of supervised release violation as 
     predicate for certain offenses. Adds supervised release to 
     various statutes which now relate only to probation or 
     parole. Violation of supervised release could serve as a 
     predicate offense in the same ways a violation of probation 
     or parole currently does.
       Sec. 2415. Authority of court to impose a sentence of 
     probation or supervised release when reducing a sentence of 
     imprisonment in certain cases. Allows a court to impose 
     conditions of parole or supervised release (such as home 
     confinement) where a prisoner has a terminal illness that is 
     contagious.
       Sec. 2416. Elimination of proof of value requirement for 
     felony theft or conversion of grand jury material. Eliminates 
     the $1,000

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     felony threshold for thefts of government property under 18 
     U.S.C. Sec. 641 where the material stolen is grand jury 
     material.
       Sec. 2417. Increased maximum corporate penalty for 
     antitrust violations. Increases the maximum statutory fine 
     for corporations convicted of criminal antitrust violations 
     from the current Sherman Act maximum of $10,000,000 to a new 
     maximum of $100,000,000.
       Sec. 2418. Amendment of Federal sentencing guidelines for 
     counterfeit bearer obligations of the United States. Directs 
     the United States Sentencing Commission to amend the 
     Sentencing Guidelines to enhance penalties for counterfeiting 
     offenses, to address the recent increase of computer-
     generated counterfeit U.S. currency produced by inkjet 
     printers and color copiers.

        Part 2--Additional Improvements to Federal Criminal Law

       Sec. 2421. Violence directed at dwellings in Indian 
     country. Allows the prosecution of Indians as well as non-
     Indians who commit acts of violence directed against 
     dwellings on Indian reservations. Such crimes currently are 
     not among those specifically listed as prosecutable in the 
     Major Crimes Act.
       Sec. 2422. Correction to Amber Hagerman Child Protection 
     Act. Corrects drafting errors in the Amber Hagerman Child 
     Protection Act (a bill regarding the crossing of State lines 
     to engage in sex with a child under 12). Expands penalties 
     for engaging in forcible sex with children ages 12 to 16.
       Sec. 2423. Elimination of ``bodily harm'' element in 
     assault with a dangerous weapon offense. Eliminates voluntary 
     intoxication as a defense in the case of a person accused of 
     committing assault with a deadly weapon in the special 
     maritime and territorial jurisdiction of the United States.
       Sec. 2424. Appeals from certain dismissals. Clarifies that 
     the government appeal statute authorizes appeal by the United 
     States whenever a court dismisses any part of an indictment 
     or information, so long as the appeal is consistent with the 
     Double Jeopardy Clause. The decision to appeal is to be made 
     by the Solicitor General.
       Sec. 2425. Authority for injunction against disposal of 
     ill-gotten gains from violations of fraud statutes. Allows 
     injunctions for fraud when a person is disposing of or about 
     to dispose of property obtained not only as a result of bank 
     fraud, but also as a result of violations of general anti-
     fraud statutes: a false statement under 18 U.S.C. Sec. 1001, 
     a false claim under 18 U.S.C. Sec. 287, or a conspiracy to 
     defraud the United States or violate the law under 18 U.S.C. 
     Sec. 371.
       Sec. 2426. Expansion of interstate travel fraud statute to 
     cover interstate travel by perpetrator. Closes a gap in the 
     interstate travel fraud statute to cover situations where the 
     perpetrator travels in interstate commerce, in addition to 
     situations where the perpetrator transports or causes others 
     to travel in interstate commerce.
       Sec. 2427. Clarification scope of unauthorized selling of 
     military medals or decorations. Clarifies that the 
     prohibition against the unauthorized selling of military 
     decorations also covers a person who ``trades, barters or 
     exchanges for . . . value.''
       Sec. 2428. Amendment to section 669 to conform to Public 
     Law 104-294. Changes the threshold amount for a felony 
     involving health care fraud from $100 to $1,000.
       Sec. 2429. Expansion of jurisdiction over child buying and 
     selling offenses. Expands Federal jurisdiction over child 
     buying and selling statutes to cover, in addition to any 
     territory or possession of the United States, the special 
     maritime and territorial jurisdiction of the United States, 
     and commonwealths and possessions of the United States.
       Sec. 2430. Limits on disclosure of wiretap orders. Provides 
     that only an ``aggrieved party'' may have access to Title III 
     applications and orders for wiretaps. Only such aggrieved 
     persons have standing to seek suppression of the resulting 
     intercepted communications.
       Sec. 2431. Prison credit and aging prisoner reform. 
     Eliminates inappropriate accrual of custody credit and avoids 
     the resulting unwarranted disparities in time served by 
     Federal offenders. Eliminates disparities in the treatment of 
     foreign and domestic prisoners with respect to ``good time 
     credits''. Permits certain non-dangerous Federal prisoners 
     over the age of 70 to be released after they have served at 
     least 30 years in custody, upon approval of the Bureau of 
     Prisons and a Federal court.
       Sec. 2432. Miranda reaffirmation. Repeals 18 U.S.C. 
     Sec. 3501, which purported to overturn the Supreme Court's 
     Miranda decision; the Court has held Sec. 3501 to be 
     unconstitutional.


    Title III: Protecting Americans and Supporting Victims of Crime

                  Subtitle A. Crime Victims Assistance

       Sec. 3101. Short title. This subtitle may be cited as the 
     ``Crime Victims Assistance Act of 2001''.

                         Part 1. Victim Rights

       Sec. 3111. Right to notice and to be heard concerning 
     detention. Require the government to make reasonable efforts 
     to notify victims of upcoming detention hearings and of their 
     right to attend and address the court. Where identification 
     of the defendant remains at issue, provides flexibility to 
     the presiding judge to protect the integrity of the 
     identification.
       Sec. 3112. Right to a speedy trial. Require courts to take 
     into account the interests of the victim in the prompt and 
     appropriate disposition of the case.
       Sec. 3113. Right to notice and to be heard concerning plea. 
     Require the government to make reasonable efforts to notify 
     victims of upcoming plea hearings and of their right to 
     attend and address the court.
       Sec. 3114. Enhanced participatory rights at trial. Extends 
     the Victim Rights Clarification Act to apply to televised 
     proceedings. Amends the Victims' Rights and Restitution Act 
     of 1990 to strengthen the right of crime victims to be 
     present at court proceedings, including trials.
       Sec. 3115. Right to notice and to be heard concerning 
     sentence. Directs courts to consider the views of victims in 
     imposing sentence, and requires probation officers to notify 
     victims of their right to attend sentencing proceedings and 
     address the court.
       Sec. 3116. Right to notice and to be heard concerning 
     sentence adjustment. Directs the government to make 
     reasonable efforts to notify victims of upcoming hearings 
     concerning revocation or modification of probation or 
     supervised release and of their right to attend and address 
     the court.
       Sec. 3117. Right to notice of release or escape. Requires 
     the Bureau of Prisons to ensure victims reasonable notice of 
     an offender's release or escape from custody. Specifically 
     clarifies victim's rights to notification of an offender's 
     release or escape from a psychiatric institution.
       Sec. 3118. Right to notice and to be heard concerning 
     executive clemency. Requires the Attorney General to make 
     reasonable efforts to notify victims of the grant of 
     executive clemency, and to report to Congress concerning 
     executive clemency matters delegated for review or 
     investigation to the Attorney General.
       Sec. 3119. Remedies for noncompliance. Establishes a 
     mechanism for addressing violations of the newly created 
     statutory rights of crime victims.

                 Part 2. Victim Assistance Initiatives

       Sec. 3121. Pilot programs to establish ombudsman programs 
     for crime victims. Authorizes the establishment of pilot 
     programs to operate Victim Ombudsman Information Centers in 
     seven States, which would provide information to victims 
     concerning their right to participate in the criminal justice 
     process, identify and respond to violations of victims' 
     rights, and educate public officials concerning the rights of 
     victims. Authorizes the use of up to $5 million of False 
     Claims Act funds to make grants for these pilot programs.
       Sec. 3122. Amendments to Victims of Crime Act of 1984. 
     Provides for improvements in Federal support for victim 
     assistance and compensation under the Victims of Crime Act. 
     Includes changes in the sources of funding to the Crime 
     Victims Fund and increases the minimum threshold for the 
     annual grant to victim compensation programs.
       Sec. 3123. Increased training for law enforcement and court 
     personnel to respond to the needs of crime victims. 
     Authorizes the use of False Claims Act funds to make grants 
     to provide victim-related training.
       Sec. 3124. Increased resources to develop state-of-the-art 
     systems for notifying crime victims of important dates and 
     developments. Authorizes grants for the development of crime 
     victim notification systems, using False Claims Act funds and 
     amounts available in the Violent Crime Reduction Trust Fund.

       Part 3. Victim-Offender Programs: ``Restorative Justice''

       Sec. 3131. Pilot program and study of restorative justice 
     approach on behalf of victims of crime. Authorizes grants for 
     pilot programs in restorative justice in juvenile court 
     settings. Includes a study of existing programs. Requires 
     that participation in pilot programs be voluntary.

          Subtitle B. Violence Against Women Act Enhancements

       Sec. 3201. Shelter services for battered women and 
     children. Provides assistance to local entities that provide 
     shelter or transitional housing assistance to victims of 
     domestic violence. Provides means to improve access to 
     information on family violence within underserved 
     populations. Reauthorizes funding for the Family Violence 
     Prevention and Services Act at a level of $175,000,000 
     through FY 2005.
       Sec. 3202. Transitional housing assistance for victims of 
     domestic violence. Provides grants to those in need of 
     housing assistance as a result of fleeing a family violence 
     situation. Funding includes assistance with rent, utilities, 
     transportation, and child care.
       Sec. 3203. Family unity demonstration project. Extends the 
     Family Unity Demonstration Project through FY 2005.

                       Subtitle C. Senior Safety

       Sec. 3301. Short title. This subtitle may be cited as the 
     ``Seniors Safety Act of 2001''.
       Sec. 3302. Finding and purposes. Legislative findings in 
     support of this subtitle, and statement of legislative 
     purposes.
       Sec. 3303. Definitions. Defines terms used in this 
     subtitle.

                Part 1. Combating Crimes Against Seniors

       Sec. 3311. Enhanced sentencing penalties based on age of 
     victim. Directs the U.S. Sentencing Commission to review and, 
     if appropriate, amend the sentencing guidelines to include 
     age as one of the criteria for determining whether a 
     sentencing enhancement is appropriate. Encourages such review 
     to reflect the economic and physical harms associated with 
     criminal activity targeted at seniors and consider providing 
     increased penalties for offenses where the victim was a 
     senior.
       Sec. 3312. Study and report on health care fraud sentences. 
     Directs the U.S. Sentencing Commission to review and, if 
     appropriate,

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     amend the sentencing guidelines applicable to health care 
     fraud offenses. Encourages such review to reflect the serious 
     harms associated with health care fraud and the need for law 
     enforcement to prevent such fraud, and to consider enhanced 
     penalties for persons convicted of health care fraud.
       Sec. 3313. Increased penalties for fraud resulting in 
     serious injury or death. Increases the penalties under the 
     mail fraud statute and the wire fraud statute for fraudulent 
     schemes that result in serious injury or death. The maximum 
     penalty if serious bodily harm occurred would be up to twenty 
     years; if a death occurred, the maximum penalty would be a 
     life sentence.
       Sec. 3314. Safeguarding pension plans from fraud and theft. 
     Punishes, with up to 10 years' imprisonment, the act of 
     defrauding retirement arrangements, or obtaining by means of 
     false or fraudulent pretenses money or property of any 
     retirement arrangement.
       Sec. 3315. Additional civil penalties for defrauding 
     pension plans. Authorizes the Attorney General to bring a 
     civil action for retirement fraud, with penalties up to 
     $50,000 for an individual or $100,000 for an organization, or 
     the amount of the gain to the offender or loss to the victim, 
     whichever is greatest.
       Sec. 3316. Punishing bribery and graft in connection with 
     employee benefit plans. Increases the maximum penalty for 
     bribery and graft in connection with the operation of an 
     employee benefit plan from 3 to 5 years' imprisonment. 
     Broadens existing law to cover corrupt attempts to give or 
     accept bribery or graft payments, and to proscribe bribery or 
     graft payments to persons exercising de facto influence or 
     control over employee benefit plans.

                 Part 2. Preventing Telemarketing Crime

       Sec. 3321. Centralized complaint and consumer education 
     service for victims of telemarketing fraud. Directs the 
     Federal Trade Commission (FTC) to establish a central 
     information clearinghouse for victims of telemarketing fraud 
     and procedures for logging in complaints of telemarketing 
     fraud victims, providing information on telemarketing fraud 
     schemes, referring complaints to appropriate law enforcement 
     officials, and providing complaint or prior conviction 
     information. Directs the Attorney General to establish a 
     database of telemarketing fraud convictions secured against 
     corporations or companies, for uses described above.
       Sec. 3322. Blocking of telemarketing scams. Clarifies that 
     telemarketing fraud schemes executed using cellular telephone 
     services are subject to the enhanced penalties for such fraud 
     under 18 U.S.C. Sec. 2326. Authorizes termination of 
     telephone service used to carry on telemarketing fraud. 
     Requires telephone companies, upon notification in writing 
     from the Department of Justice that a particular phone number 
     is being used to engage in fraudulent telemarketing or other 
     fraudulent conduct, and after notice to the customer, to 
     terminate the subscriber's telephone service.

                  Part 3. Preventing Health Care Fraud

       Sec. 3331. Injunctive authority relating to false claims 
     and illegal kickback schemes involving Federal health care 
     programs. Authorizes the Attorney General to take immediate 
     action to halt illegal health care fraud kickback schemes 
     under the Social Security Act. Attorney General may seek a 
     civil penalty of up to $50,000 per violation, or three times 
     the remuneration, whichever is greater, for each offense 
     under this section with respect to a Federal health care 
     program.
       Sec. 3332. Authorized investigative demand procedures. 
     Authorizes the Attorney General to issue administrative 
     subpoenas to investigate civil health care fraud cases. 
     Provides privacy safeguards for personally identifiable 
     health information that may be obtained in response to an 
     administrative subpoena and divulged in the course of a 
     Federal investigation.
       Sec. 3333. Extending antifraud safeguards to the Federal 
     employees health benefits program. Removes the anti-fraud 
     exemption for the Federal Employee Health Benefits Act 
     (FEHB), thereby extending anti-fraud and anti-kickback 
     safeguards applicable to the Medicare and Medicaid program to 
     the FEHB. Allows the Attorney General to use the same civil 
     enforcement tools to fight fraud perpetrated against the FEHB 
     program as are available to other Federal health care 
     programs, and to recover civil penalties against persons or 
     entities engaged in illegal kickback schemes.
       Sec. 3334. Grand jury disclosure. Authorizes Federal 
     prosecutors to seek a court order to share grand jury 
     information regarding health care offenses with other Federal 
     prosecutors for use in civil proceedings or investigations 
     relating to fraud or false claims in connection with any 
     Federal health care program. Permits grand jury information 
     regarding health care offenses to be shared with Federal 
     civil prosecutors, only after ex parte court review and a 
     finding that the information would assist in enforcement of 
     Federal laws or regulations.
       Sec. 3335. Increasing the effectiveness of civil 
     investigative demands in false claims investigations. 
     Authorizes the Attorney General to delegate authority to 
     issue civil investigative demands to the Deputy Attorney 
     General or an Assistant Attorney General. Authorizes whistle-
     blowers who have brought qui tam actions under the False 
     Claims Act to seek permission from a district court to obtain 
     information disclosed to the Justice Department in response 
     to civil investigative demands.

         Part 4. Protecting the Rights of Elderly Crime Victims

       Sec. 3341. Use of forfeited funds to pay restitution to 
     crime victims and regulatory agencies. Authorizes the use of 
     forfeited funds to pay restitution to crime victims and 
     regulatory agencies.
       Sec. 3342. Victim restitution. Allows the government to 
     move to dismiss forfeiture proceedings to allow the defendant 
     to use the property subject to forfeiture for the payment of 
     restitution to victims. If forfeiture proceedings are 
     complete, Government may return the forfeited property so it 
     may be used for restitution.
       Sec. 3343. Bankruptcy proceedings not used to shield 
     illegal gains from false claims. Allows an action under the 
     False Claims Act despite concurrent bankruptcy proceedings. 
     Prohibits discharge of debts resulting from judgments or 
     settlements in Medicare and Medicaid fraud cases. Provides 
     that no debt owed for a violation of the False Claims Act or 
     other agreement may be avoided under bankruptcy provisions.
       Sec. 3344. Forfeiture for retirement offenses. Requires the 
     forfeiture of proceeds of a criminal retirement offense. 
     Permits the civil forfeiture of proceeds from a criminal 
     retirement offense.

             Subtitle D. Violent Crime Reduction Trust Fund

       Sec. 3401. Extension of Violent Crime Reduction Trust Fund. 
     Extends funding for the Violent Crime Control and Law 
     Enforcement Act of 1994 through FY2005.


           Title IV: Breaking the Cycle of Drugs and Violence

  Subtitle A. Drug Courts, Drug Treatment, and Alternative sentencing

                    Part 1. Expansion of Drug Courts

       Sec. 4111. Reauthorization of drug courts program. 
     Authorizes appropriations for the Drug Courts Program for 
     FY2002 and FY2003 at $400,000,000 each year.
       Sec. 4112. Juvenile drug courts. Authorizes grants to 
     States, State and local courts, and Indian tribes, to 
     establish programs for juveniles adjudicated delinquent for 
     non-violent crimes who have substance abuse problems. 
     Programs must include drug testing, drug treatment, and 
     aftercare services such as relapse prevention and vocational 
     training. Authorizes appropriations through FY2005 from the 
     Violent Crime Reduction Trust Fund.

                  Part 2. Zero Tolerance Drug Testing

       Sec. 4121. Grant authority. Authorizes grants to States and 
     localities for programs supporting comprehensive drug testing 
     of criminal justice populations, and to establish appropriate 
     interventions to illegal drug use for offender populations.
       Sec. 4122. Administration. Instructs Attorney General to 
     coordinate with the other Justice Department initiatives that 
     address drug testing and interventions in the criminal 
     justice system.
       Sec. 4123. Applications. Instructs potential applicants on 
     the process of requesting such grants, which are to be 
     awarded on a competitive basis.
       Sec. 4124. Federal share. The Federal share of a grant made 
     under this part may not exceed 75 percent of the total cost 
     of the program.
       Sec. 4125. Geographic distribution. The Attorney General 
     shall ensure that, to the extent practicable, an equitable 
     geographic distribution of grant awards is made, with rural 
     and tribal jurisdiction representation.
       Sec. 4126. Technical assistance, training, and evaluation. 
     The Attorney General shall provide technical assistance and 
     training in furtherance of the purposes of this part.
       Sec. 4127. Authorization of appropriations. Authorizes 
     $75,000,000 for FY2002 and such sums as are necessary for 
     FY2003 through FY2006.
       Sec. 4128. Permanent set-aside for research and evaluation. 
     The Attorney General shall set aside between 1 and 3 percent 
     of the sums appropriated under section 4127 for research and 
     evaluation of this program.
       Sec. 4129. Additional requirements for the use of funds 
     under the violent offender incarceration and truth-in-
     sentencing grant programs. Requires that States receiving 
     grants under the Violent Offender Incarceration and Truth-In-
     Sentencing grant programs (VOI/TIS) adopt a system of 
     controlled substance testing and interventions. Permits use 
     of VOI/TIS funds for such testing. Adds other conditions for 
     receipt of funding under the VOI/TIS program.

                         Part 3. Drug Treatment

       Sec. 4131. Drug treatment alternative to prison programs 
     administered by State or local prosecutors. Authorizes the 
     Attorney General to make grants to State or local prosecutors 
     to implement or expand drug treatment alternative to prison 
     programs. Authorizes appropriations through FY2006.
       Sec. 4132. Substance abuse treatment in Federal prisons 
     reauthorization. Authorizes funding for substance abuse 
     treatment in Federal prisons for FY2002 and FY2003.
       Sec. 4133. Residential substance abuse treatment for State 
     prisoners reauthorization. Authorizes appropriations for 
     residential substance abuse treatment for State prisoners 
     through FY2007. Allows States to offer treatment during 
     incarceration and after release.
       Sec. 4134. Drug treatment for juveniles. Allows the 
     Director of the Center for Substance Abuse to make grants to 
     public and private nonprofit entities to provide residential 
     drug treatment programs for juveniles. Authorizes 
     appropriations through FY2005.

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            Part 4. Funding for Drug Free Community Programs

       Sec. 4141. Extension of safe and drug-free schools and 
     community programs. Extends funding for the Safe and Drug-
     Free Schools and Communities Program through FY2005, at 
     $655,000,000 for FY2002 and FY2003, and $955,000,000 for 
     FY2004 and FY2005.
       Sec. 4142. Say No to Drugs community centers. Authorizes 
     grants for the provision of drug prevention services to youth 
     living in eligible communities during after-school hours or 
     summer vacations. Authorizes $125,000,000 for each of FY2002 
     and FY2003 from the Violent Crime Reduction Trust Fund.
       Sec. 4143. Drug education and prevention relating to youth 
     gangs. Extends funding under the Anti-Drug Abuse Act of 1988 
     through FY2006.
       Sec. 4144. Drug education and prevention program for 
     runaway and homeless youth. Extends funding under the Anti-
     Drug Abuse Act of 1988 through FY2006.

         Subtitle B--Youth Crime Prevention and Juvenile Courts

                 Part 1--Grants to Youth Organizations

       Sec. 4211. Grant program. Establishes a grant program for 
     provision of (1) constructive activities for youth during 
     critical time periods; (2) supervised activities in a safe 
     environment; (3) anti-drug education; (4) anti-drug police 
     efforts; or (5) a safe environment for activities in parks 
     and other public recreation areas.
       Sec. 4212. Grants to national organizations. Establishes 
     application requirements and evaluation criteria for awarding 
     grants to national and statewide organizations.
       Sec. 4213. Grants to States. Establishes application 
     requirements and evaluation criteria for awarding grants to 
     States.
       Sec. 4214. Allocation; grant limitation. Allocates funds 
     under this subtitle: 20 percent shall go to national and 
     statewide organizations; 80 percent shall go to States.
       Sec. 4215. Report and evaluation. Defines reporting 
     requirements and establishes criteria by which the Attorney 
     General shall evaluate the funded programs.
       Sec. 4216. Authorization of appropriations. Authorizes 
     appropriation of such sums as may be necessary for FY2002 and 
     FY2003, and $125,000,000 for each of FY2004 and FY2005.
       Sec. 4217. Grants to public and private agencies. 
     Authorizes grants to public and private agencies to fund 
     effective after school juvenile crime prevention programs.

   Part 2. Reauthorization of Incentive Grants for Local Delinquency 
                          Prevention Programs

       Sec. 4221. Incentive grants for local delinquency 
     prevention programs. Reauthorizes incentive grants for local 
     delinquency prevention programs through FY2006.
       Sec. 4222. Research, evaluation, and training. Allocates a 
     portion of the amounts appropriated for incentive grants for 
     local delinquency programs to research, evaluation and 
     training.

                           Part 3. JUMP Ahead

       Sec. 4231. Short title. This part may be cited as the 
     ``JUMP Ahead Act of 2001''.
       Sec. 4232. Findings. Legislative findings in support of 
     this part.
       Sec. 4233. Juvenile mentoring grants. Amends the Juvenile 
     Justice and Delinquency Prevention Act of 1973 (JJDPA) to 
     include a list of the intended goals of mentoring grants. 
     Each grant is limited to a total of $200,000 over a period 
     not more than three years. Authorizes $50,000,000 for each of 
     FY2002 through FY2005.
       Sec. 4234. Implementation and evaluation grants. Authorizes 
     grants to national organizations or agencies to improve youth 
     mentoring programs. Authorizes $5,000,000 for each of FY2002 
     through FY2005.
       Sec. 4235. Evaluations; reports. Directs the Attorney 
     General to evaluate the programs and activities assisted 
     under this part or under the JJDPA. Requires each grant 
     recipient to report annually to the evaluating organization 
     on any program or activity so assisted.

                       Part 4. Truancy Prevention

       Sec. 4241. Short title. This part may be cited as the 
     ``Truancy Prevention and Juvenile Crime Reduction Act of 
     2001''.
       Sec. 4242. Findings. Legislative findings in support of 
     this part.
       Sec. 4243. Grants. Authorizes grants to eligible 
     partnerships to reduce truancy and daytime juvenile crime. 
     Authorizes $25,000,000 for each of FY2002 through FY2004.

     Part 5. Juvenile Crime Control and Delinquency Prevention Act

       Sec. 4251. Short title. This part may be cited as the 
     ``Juvenile Crime Control and Delinquency Prevention Act of 
     2001''.
       Sec. 4252. Findings. Legislative findings in support of 
     this part.
       Sec. 4253. Purpose. Statement of legislative purpose.
       Sec. 4254. Definitions. Defines terms used in this part.
       Sec. 4255. Name of office. Redesignated the Office of 
     Juvenile and Delinquency Prevention as the Office of Juvenile 
     Crime Control and Delinquency Prevention.
       Sec. 4256. Concentration of Federal effort. Modifies 
     provisions of the JJDPA regarding annual submission of 
     juvenile delinquency development statements and the contents 
     of such reports.
       Sec. 4257. Allocation. Makes certain technical amendments 
     to the allocation formulas.
       Sec. 4258. State plans. Modifies JJDPA requirements 
     regarding State plans. Defines who shall serve on State 
     advisory groups. Requires State plans to provide services in 
     rural areas, offer mental health services, and address 
     gender-specific needs. Defines projects to which funds may be 
     applied. Revises State plan requirements regarding limits on 
     the placement of juveniles in secure detention or 
     correctional facilities.
       Sec. 4259. Juvenile delinquency prevention block grant 
     program. Authorizes grants to eligible States to carry out 
     projects designed to prevent juvenile delinquency. Delineates 
     the manner in which funding shall be allocated between 
     States. Defines requirements under which States must consider 
     applications.
       Sec. 4260. Research; evaluation; technical assistance; 
     training. Authorizes the Administrator to undertake specified 
     activities regarding research, evaluation, technical 
     assistance, and training. Permits Federal agencies to carry 
     out projects directly or by making grants to or contracts 
     with public and private agencies, institutions, and 
     organizations.
       Sec. 4261. Demonstration projects. Authorizes the 
     Administrator to fund initiatives for the prevention, 
     control, or reduction of juvenile delinquency.
       Sec. 4262. Authorization of appropriations. Authorizes 
     appropriations for specified programs under the JJDPA for 
     FY2002 through FY2004.
       Sec. 4263. Administrative authority. Limits the 
     Administrator's authority to establish rules, regulations and 
     procedures to those necessary for the exercise of the 
     function of the office and to ensure compliance with the 
     requirements of the title.
       Sec. 4264. Use of funds. Prohibits the use of funds for the 
     construction of short or long-term juvenile or adult offender 
     facilities; allows up to 15 percent of funds from a State's 
     allocation for replacement or renovation of juvenile 
     facilities.
       Sec. 4265. Limitation on use of funds. Prohibits the use of 
     funds under this part for advocacy or support for the 
     unsecured release of juvenile charged with violent crimes.
       Sec. 4266. Rules of construction. The JJDPA shall not be 
     construed (1) to prevent financial assistance from being 
     awarded through grants under the JJDPA to any otherwise 
     eligible organization, or (2) to modify or affect any Federal 
     or State law relating to collective bargaining rights.
       Sec. 4267. Leasing surplus Federal property. Authorizes the 
     Administrator to lease surplus Federal property to States and 
     localities for use as facilities for juveniles offenders; 
     issues rules for making grants and contracts, and 
     distributing funds available, to carry out the JJDPA.
       Sec. 4268. Issuance of rules. Authorizes the Administrator 
     to issue such rules as are necessary to carry out this part.
       Sec. 4269. Technical and conforming amendments. Makes 
     technical and conforming amendments to the JJDPA and other 
     laws.
       Sec. 4270. References. Any reference to the Office of 
     Juvenile Justice and Delinquency Prevention shall be deemed 
     to include a reference to the Office of Juvenile Crime 
     Control and Delinquency Prevention.

             Part 6. Local Gun Violence Prevention Program

       Sec. 4271. Competitive grants for children's firearm safety 
     education. Authorizes competitive grants to eligible local 
     educational agencies to educate children about prevention 
     violence. Authorizes $60,000,000 for each of FY2002 and 
     FY2004.
       Sec. 4272. Dissemination of best practices via the 
     Internet. Requires the Secretary of Education to post details 
     of programs that receive grants on the Department's Internet 
     site, and to publicize the program on its Internet site and 
     in its publications.
       Sec. 4273. Grant priority for tracing guns used in crimes 
     by juveniles. Requires the Bureau of Justice Assistance to 
     give priority to grant applications that include coordinated 
     enforcement strategies to trace firearms and disrupt illegal 
     firearms sales to or among juveniles.

  Mr. LEAHY. I am pleased today to join Senator Daschle and other 
Democratic Senators in introducing the 21st Century Law Enforcement, 
Crime Prevention, and Victims Assistance Act. This comprehensive crime 
bill builds on prior Democratic crime initiatives, including the 
landmark Violent Crime Control and Law Enforcement Act of 1994, that 
have substantially reduced the Nations' serious crime rates.
  Our current Attorney General, Janet Reno, has helped us all make 
unprecedented strides in combating violent crime, protecting women's 
rights, protecting crime victims rights and reducing violence against 
women. The Nation's serious crime rates have declined for an 
unprecedented eight straight years. Murder rates have fallen to their 
lowest levels in three decades, and since 1994, violent crimes by 
juveniles and the juvenile arrest rates for serious crimes have also 
declined. Our outgoing Attorney General must be commended for greatly 
improving the effectiveness of our law enforcement coordination 
efforts, federal law enforcement assistance efforts and for extending 
the reach of those efforts into rural areas.

[[Page S221]]

  The 21st Century Law Enforcement, Crime Prevention, and Victims 
Assistance Act is designed to keep our Nation's crime rates moving in 
the right direction--downward. The Nation's serious crime rates are now 
at their lowest level since 1973, the first year the national crime 
victimization survey was conducted. We are proud of the significant 
reduction in crime rates, but we must not become complacent. Too many 
Americans still encounter violence in their neighborhoods, workplaces, 
and unfortunately, even in their homes. This bill would ensure that the 
crime rates continue their downward trend next year, the year after, 
and beyond.
  We should be able to enact this bill, without partisan or ideological 
controversy. We have tried to avoid the easy rhetoric about crime that 
some have to offer in this crucial area of public policy. Instead, we 
have crafted a bill that could actually make a difference.
  The 21st Century Law Enforcement, Crime Prevention, and Victims 
Assistance Act targets violent crime in our schools, combats gang 
violence, cracks down on the sale and use of illegal drugs, enhances 
the rights of crime victims, fights crime against America's senior 
citizens, and provides meaningful assistance to law enforcement 
officers in the battle against street crime. The bill represents an 
important next step in the continuing effort by Senate Democrats to 
enact tough yet balanced reforms to our criminal justice system.
  I should note that the bill contains no new death penalties and no 
new or increased mandatory minimum sentences. We can be tough without 
imposing the death penalty, and we can ensure swift and certain 
punishment without removing all discretion from the judge at 
sentencing.
  Title I of the bill deals with proposals for supporting Federal, 
State and local law enforcement and promoting the effective 
administration of justice. this title extends the COPS program through 
fiscal year 2007, authorizing funding to deploy up to 50,000 additional 
police officers, 10,000 additional prosecutors, and 10,000 indigent 
defense attorneys in the coming years. The bill also extends Project 
Exile, the Department of Justice's gun violence reduction initiative 
designed to prosecute felons who unlawfully possess firearms, and the 
Youth Crime Gun Interdiction Initiative, the national program to 
disrupt the illegal supply of firearms to juveniles by tracing the guns 
that are used in crimes, and it includes a provision sponsored by 
Senator Biden to authorize grants to alleviate the public safety risk 
posed by released prisoners by promoting their successful reintegration 
into society.
  Other important initiatives are included to protect children from 
violence, including violence resulting from the misuse of guns. 
Americans want concrete proposals to reduce the risk of such incidents 
recurring. At the same time, we must preserve adults' rights to use 
guns for legitimate purposes, such as home protection, hunting and for 
sport. Title I of the bill imposes a prospective gun ban for juveniles 
convicted or adjudicated delinquent for violent crimes. It also 
requires revocation of a firearms dealer's license for failing to have 
secure gun storage or safety devices available for sale with firearms. 
The bill enhances the penalties for certain firearm laws involving 
juveniles. In addition, the bill would close the gun show loophole by 
requiring criminal background checks on all gun sales at gun shows.
  This title of the bill also recognizes that law enforcement officers 
put their lives on the line every day. According to the FBI, over 1,000 
officers have been killed in the line of duty since 1980. The 21st 
Century Law Enforcement, Crime Prevention, and Victims Assistance Act 
establishes new crimes and increases penalties for killing Federal 
officers and persons working with Federal officers, including in their 
work with Federal prisoners, and for retaliation against Federal 
officials by threatening or injuring their family members. The bill 
enhances the penalty for assaults and threats against Federal judges 
and other federal officials engaged in their official duties.
  A significant problem that arose during Special Prosecutor Kenneth 
Starr's investigation of president Clinton was the loss of 
confidentiality that had previously attached to the important work of 
the U.S. Secret Service. The Departments of Justice and Treasury and 
even a former Republican President advise that the safety of future 
Presidents may be jeopardized by forcing U.S. Secret Service agents to 
breach the confidentiality they need to do their job by testifying 
before a grant jury. I trust the Secret Service on this issue; they are 
the experts with the mission of protecting the lives of the President 
and other high-level official and visiting dignitaries. I also have 
confidence in the judgment of former President Bush, who has written, 
``I feel very strongly that [Secret Service] agents should not be made 
to appear in court to discuss that which they might or might not have 
seen or heard.''
  Title I of the 21st Century Law Enforcement, Crime Prevention, and 
Victims Assistance Act provides a reasonable and limited protective 
function privilege so future Secret Service agents are able to maintain 
the confidentiality they say they need to protect the lives of the 
President, Vice President and visiting heads of state.
  Title II of the bill is aimed at strengthening the Federal criminal 
laws. This part of the bill cracks down on gangs by making the 
interstate ``franchising'' of street gangs a crime. It would also 
increase penalties for crimes during which the convicted felon wears 
protective body armor or uses ``laser-sighting'' devices to commit the 
crime, and doubles the maximum criminal penalties for using or 
threatening physical violence against witnesses and contains other 
provisions designed to facilitate the use and protection of witnesses 
to help prosecute gangs and other violent criminals.

  Title II of the bill also details provisions for combating money 
laundering. Crime increasingly has an international face, from drug 
kingpins to millionaire terrorists, like Osama bin Laden. The money 
laundering provisions of this bill hit these international criminals 
where it hurts most--in the pocketbook.
  These provisions would provide important tools not just to combat 
international terrorism but drug trafficking as well. We must have 
interdiction, we must have treatment programs; we must tell kids to say 
``No'' to drugs. But we have to do more, and taking the profit away 
from international drug lords is an effective weapon. This Democratic 
crime bill would strengthen these laws.
  Title II also contains important initiatives to deter cargo thefts, 
enhance the maximum penalties for voluntary manslaughter, felony theft 
or conversion of grand jury material, counterfeiting, and certain 
antitrust violations committed by corporations.
  Title III of the bill is intended to increase the rights of victims 
within the criminal justice system. The criminal is only half of the 
equation. This bill guarantees the rights of crime victims. All States 
recognize victims' rights in some form, but they often lack the 
training and resources to make those rights a reality. This title 
provides a model Bill of Rights for crime victims in the Federal 
system, and makes available to the States grants for victim-related 
training and state-of-the art notification systems. In addition, this 
title would authorize grants for pilot programs to operate Victim 
Ombudsman Information Centers in seven States, and to study the 
effectiveness of the restorative justice approach for victims. It would 
also provide assistance for shelters and transitional housing for 
victims of domestic violence. In short, this title would help make 
victims' rights a reality.
  This title of the bill also includes a number of provisions to 
improve the safety and security of older Americans. During the 1990s, 
while overall crime rates dropped throughout the nation, the rate of 
crime against seniors remained constant. In addition to the increased 
vulnerability of some seniors to violent crime, older Americans are 
increasingly targeted by swindlers looking to take advantage of them 
through telemarketing schemes, pension fraud, and health care fraud. We 
must strengthen the hand of law enforcement to combat those criminals 
who plunder the savings that older Americans have worked their 
lifetimes to earn. The 21st Century Law Enforcement, Crime Prevention, 
and Victims Assistance Act tries to do exactly that,

[[Page S222]]

through a comprehensive package of proposals to establish new 
protections and increase penalties for a wide variety of crimes against 
seniors.
  Title IV of the bill outlines a number of prevention and alternative 
sentencing programs that are critical to further reducing juvenile 
crime. These programs include grants to youth organizations and ``Say 
No to Drugs'' Community Centers, and grants to promote drug testing and 
drug treatment, as well as reauthorization of the Safe and Drug-Free 
Schools and Communities Program, the Anti-Drug Abuse Programs, and the 
Local Deliquency Prevention Programs. Additional sections include a 
program suggested by Senator Bingaman to establish a competitive grant 
program to reduce truancy, with priority given to efforts to replicate 
successful programs.
  The bill would also reauthorize the Juvenile Justice and Deliquency 
Prevention Act and create a new juvenile justice block grant program, 
retaining the four core protections for youth in the juvenile justice 
system while adopting greater flexibility for rural areas.
  In recent years, the Senate Republicans have tried to gut these core 
protections in their juvenile crime bills. This Democratic crime bill 
puts ideology aside, and follows the advice of numerous child advocacy 
experts--including the Children's Defense Fund, National Collaboration 
for Youth, Youth Law Center and National Network for Youth--who believe 
these key protections must be preserved in order to protect juveniles 
who have been arrested or detained. These core protections ensure that 
juveniles are not housed with adults, do not have verbal or physical 
contact with adult inmates, and any disproportionate confinement of 
minority youth is addressed by the States. If these protections are 
abolished, many more youth may end up committing suicide or being 
released with serious physical or emotional scars.
  The 21st Century Law Enforcement, Crime Prevention, and Victims 
Assistance Act is a comprehensive and realistic set of proposals for 
assisting local enforcement, preventing crime, protecting our children 
and senior citizens, and assisting the victims of crime. I look forward 
to working on a bipartisan basis for passage of as much of this bill as 
possible during the 107th Congress.
                                 ______