[Congressional Record (Bound Edition), Volume 146 (2000), Part 18]
[House]
[Pages 26411-26413]
[From the U.S. Government Publishing Office, www.gpo.gov]



      INTERSTATE TRANSPORTATION OF DANGEROUS CRIMINALS ACT OF 2000

  Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent that the Committee 
on the Judiciary be discharged from further consideration of the Senate 
bill (S. 1898) to provide protection against the risks to the public 
that are inherent in the interstate transportation of violent 
prisoners, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  Mr. SCOTT. Mr. Speaker, reserving the right to object, I yield to the 
gentleman from Florida to explain the purpose of his request.

[[Page 26412]]


  Mr. McCOLLUM. I thank the gentleman for yielding.
  Mr. Speaker, this bill, S. 1898, is the Interstate Transportation of 
Dangerous Criminals Act of 2000, also known as Jeanna's Act, which 
passed the other body by unanimous consent on October 25 of this year.
  Every year thousands of violent felons are moved from prison to 
prison on our Nation's highways. Many of these criminals are 
transported by the U.S. Marshals Service and the Federal Bureau of 
Prisons. However, as the number of criminals in State prisons continues 
to rise, many States now rely heavily on private prisoner 
transportation companies to move prisoners from State to State. Because 
there is no uniform set of standards and procedures for these prisoner 
transport companies to follow, the results are sometimes disastrous 
when prisoners escape.
  A major reason for escapes from prisoner transport companies is the 
lack of approved standards for the private transport of dangerous 
prisoners. Anyone with a vehicle and a driver's license can engage in 
this business and with very little accountability when things go wrong.
  S. 1898 seeks to increase public safety by requiring the Attorney 
General to establish minimum standards and requirements for companies 
engaging in the business of transporting violent offenders. S. 1898 
provides that any person who violates the regulations to be promulgated 
by the Attorney General shall be liable for a civil penalty in an 
amount not to exceed $10,000 for each violation and shall make 
restitution to the government for the money expended to apprehend any 
prisoner who escapes.
  Mr. Speaker, it is absolutely essential that we put in place minimum 
standards for the transport of prisoners by private transport 
companies. S. 1898 will do that. I certainly urge my colleagues to 
support this legislation.
  I might add that this is probably the final bill, I would assume it 
will be, of this Congress that comes forward that the Subcommittee on 
Crime of the Committee on the Judiciary produces here on the House 
floor. It is also the final one that I think I will get to offer as a 
Member of this body. I want to thank the gentleman from Virginia (Mr. 
Scott) in particular and all the members of the Subcommittee on Crime 
of the Committee on the Judiciary and our staffs on both sides for 
their wonderful cooperation over the past 2 years, for that matter over 
the past 6 years, I have been privileged to be chairman of the 
Subcommittee on Crime. This is one of a series of many products that we 
have produced and has been done often, as many of these pieces of 
legislation have, in very bipartisan, cooperative fashion with the 
gentleman from Virginia and the other members. I want to thank him for 
that. It is not a controversial bill as many are not, but it has been a 
great privilege to serve in this body and a great privilege to have 
served as chairman of this subcommittee.
  Mr. SCOTT. Mr. Speaker, reclaiming my time, I would first point out 
that as the gentleman from Florida mentioned, this bill addresses 
important concerns and therefore ought to be passed.
  Let me congratulate the gentleman from Florida for his tireless 
efforts over the past few years as chairman of the Subcommittee on 
Crime and for his ability to work constructively even with those who 
disagreed with him on the particular bills, constructively on working 
towards fashioning legislation that would help the Nation. He has led 
the effort in addressing the Congress' efforts on the issue of crime. 
He has done it in a constructive way. We have been able to work 
together even when we disagreed. For that, Mr. Speaker, I want to thank 
the gentleman for his service and wish him well.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 1898

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Interstate Transportation of 
     Dangerous Criminals Act of 2000'' or ``Jeanna's Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Increasingly, States are turning to private prisoner 
     transport companies as an alternative to their own personnel 
     or the United States Marshals Service when transporting 
     violent prisoners.
       (2) The transport process can last for days if not weeks, 
     as violent prisoners are dropped off and picked up at a 
     network of hubs across the country.
       (3) Escapes by violent prisoners during transport by 
     private prisoner transport companies have occurred.
       (4) Oversight by the Attorney General is required to 
     address these problems.
       (5) While most governmental entities may prefer to use, and 
     will continue to use, fully trained and sworn law enforcement 
     officers when transporting violent prisoners, fiscal or 
     logistical concerns may make the use of highly specialized 
     private prisoner transport companies an option. Nothing in 
     this Act should be construed to mean that governmental 
     entities should contract with private prisoner transport 
     companies to move violent prisoners; however when a 
     government entity opts to use a private prisoner transport 
     company to move violent prisoners, then the company should be 
     subject to regulation in order to enhance public safety.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Crime of violence.--The term ``crime of violence'' has 
     the same meaning as in section 924(c)(3) of title 18, United 
     States Code.
       (2) Private prisoner transport company.--The term ``private 
     prisoner transport company'' means any entity, other than the 
     United States, a State, or an inferior political subdivision 
     of a State, which engages in the business of the transporting 
     for compensation, individuals committed to the custody of any 
     State or of an inferior political subdivision of a State, or 
     any attempt thereof.
       (3) Violent prisoner.--The term ``violent prisoner'' means 
     any individual in the custody of a State or an inferior 
     political subdivision of a State who has previously been 
     convicted of or is currently charged with a crime of violence 
     or any similar statute of a State or the inferior political 
     subdivisions of a State, or any attempt thereof.

     SEC. 4. FEDERAL REGULATION OF PRISONER TRANSPORT COMPANIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General, in consultation 
     with the American Correctional Association and the private 
     prisoner transport industry, shall promulgate regulations 
     relating to the transportation of violent prisoners in or 
     affecting interstate commerce.
       (b) Standards and Requirements.--The regulations shall 
     include the following:
       (1) Minimum standards for background checks and 
     preemployment drug testing for potential employees, including 
     requiring criminal background checks, to disqualify persons 
     with a felony conviction or domestic violence conviction as 
     defined by section 921 of title 18, United States Code, for 
     eligibility for employment. Preemployment drug testing will 
     be in accordance with applicable State laws.
       (2) Minimum standards for the length and type of training 
     that employees must undergo before they can transport 
     prisoners not to exceed 100 hours of preservice training 
     focusing on the transportation of prisoners. Training shall 
     be in the areas of use of restraints, searches, use of force, 
     including use of appropriate weapons and firearms, CPR, map 
     reading, and defensive driving.
       (3) Restrictions on the number of hours that employees can 
     be on duty during a given time period. Such restriction shall 
     not be more stringent than current applicable rules and 
     regulations concerning hours of service promulgated under the 
     Federal Motor Vehicle Safety Act.
       (4) Minimum standards for the number of personnel that must 
     supervise violent prisoners. Such standards shall provide the 
     transport entity with appropriate discretion, and, absent 
     more restrictive requirements contracted for by the procuring 
     government entity, shall not exceed a requirement of 1 agent 
     for every 6 violent prisoners.
       (5) Minimum standards for employee uniforms and 
     identification that require wearing of a uniform with a badge 
     or insignia identifying the employee as a transportation 
     officer.
       (6) Standards establishing categories of violent prisoners 
     required to wear brightly colored clothing clearly 
     identifying them as prisoners, when appropriate.
       (7) Minimum requirements for the restraints that must be 
     used when transporting violent prisoners, to include leg 
     shackles and double-locked handcuffs, when appropriate.
       (8) A requirement that when transporting violent prisoners, 
     private prisoner transport companies notify local law 
     enforcement officials 24 hours in advance of any scheduled 
     stops in their jurisdiction.
       (9) A requirement that in the event of an escape by a 
     violent prisoner, private prisoner

[[Page 26413]]

     transport company officials shall immediately notify 
     appropriate law enforcement officials in the jurisdiction 
     where the escape occurs, and the governmental entity that 
     contracted with the private prisoner transport company for 
     the transport of the escaped violent prisoner.
       (10) Minimum standards for the safety of violent prisoners 
     in accordance with applicable Federal and State law.
       (c) Federal Standards.--Except for the requirements of 
     subsection (b)(6), the regulations promulgated under this Act 
     shall not provide stricter standards with respect to private 
     prisoner transport companies than are applicable, without 
     exception, to the United States Marshals Service, Federal 
     Bureau of Prisons, and the Immigration and Naturalization 
     Service when transporting violent prisoners under comparable 
     circumstances.

     SEC. 5. ENFORCEMENT.

       (a) Penalty.--Any person who is found in violation of the 
     regulations established by this Act shall--
       (1) be liable to the United States for a civil penalty in 
     an amount not to exceed $10,000 for each violation and, in 
     addition, to the United States for the costs of prosecution; 
     and
       (2) make restitution to any entity of the United States, of 
     a State, or of an inferior political subdivision of a State, 
     which expends funds for the purpose of apprehending any 
     violent prisoner who escapes from a prisoner transport 
     company as the result, in whole or in part, of a violation of 
     regulations promulgated pursuant to section 4(a).

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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