[Congressional Record (Bound Edition), Volume 147 (2001), Part 20]
[Senate]
[Pages 27848-27897]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 2689. Mr. DASCHLE proposed an amendment to the bill H.R. 2884, an 
act to amend the Internal Revenue Code of 1986 to provide tax relief 
for victims of the terrorist attacks against the United States, and for 
other purposes; as follows:

 In lieu of the matter proposed to be inserted by the House amendment 
      to the text of the bill, insert the following:

     SECTION 1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Victims of 
     Terrorism Tax Relief Act of 2001''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

[[Page 27849]]

                TITLE I--VICTIMS OF TERRORISM TAX RELIEF

     Subtitle A--Relief Provisions for Victims of Terrorist Attacks

Sec. 101. Income taxes of victims of terrorist attacks.
Sec. 102. Exclusion of certain death benefits.
Sec. 103. Estate tax reduction.
Sec. 104. Payments by charitable organizations treated as exempt 
              payments.
Sec. 105. Exclusion of certain cancellations of indebtedness.

                  Subtitle B--Other Relief Provisions

Sec. 111. Exclusion for disaster relief payments.
Sec. 112. Authority to postpone certain deadlines and required actions.
Sec. 113. Application of certain provisions to terroristic or military 
              actions.
Sec. 114. Clarification of due date for airline excise tax deposits.
Sec. 115. Treatment of certain structured settlement payments.
Sec. 116. Personal exemption deduction for certain disability trusts.

   TITLE II--DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL 
                        SECURITY INVESTIGATIONS

Sec. 201. Disclosure of tax information in terrorism and national 
              security investigations.

          TITLE III--NO IMPACT ON SOCIAL SECURITY TRUST FUNDS

Sec. 301. No impact on social security trust funds.

               TITLE I----VICTIMS OF TERRORISM TAX RELIEF

     Subtitle A--Relief Provisions for Victims of Terrorist Attacks

     SEC. 101. INCOME TAXES OF VICTIMS OF TERRORIST ATTACKS.

       (a) In General.--Section 692 (relating to income taxes of 
     members of Armed Forces on death) is amended by adding at the 
     end the following new subsection:
       ``(d) Individuals Dying as a Result of Certain Attacks.--
       ``(1) In general.--In the case of a specified terrorist 
     victim, any tax imposed by this chapter shall not apply--
       ``(A) with respect to the taxable year in which falls the 
     date of death, and
       ``(B) with respect to any prior taxable year in the period 
     beginning with the last taxable year ending before the 
     taxable year in which the wounds, injury, or illness referred 
     to in paragraph (3) were incurred.
       ``(2) $10,000 minimum benefit.--If, but for this paragraph, 
     the amount of tax not imposed by paragraph (1) with respect 
     to a specified terrorist victim is less than $10,000, then 
     such victim shall be treated as having made a payment against 
     the tax imposed by this chapter for such victim's last 
     taxable year in an amount equal to the excess of $10,000 over 
     the amount of tax not so imposed.
       ``(3) Taxation of certain benefits.--Subject to such rules 
     as the Secretary may prescribe, paragraph (1) shall not apply 
     to the amount of any tax imposed by this chapter which would 
     be computed by only taking into account the items of income, 
     gain, or other amounts attributable to--
       ``(A) deferred compensation which would have been payable 
     after death if the individual had died other than as a 
     specified terrorist victim, or
       ``(B) amounts payable in the taxable year which would not 
     have been payable in such taxable year but for an action 
     taken after September 11, 2001.
       ``(4) Specified terrorist victim.--For purposes of this 
     subsection, the term `specified terrorist victim' means any 
     decedent--
       ``(A) who dies as a result of wounds or injury incurred as 
     a result of the terrorist attacks against the United States 
     on April 19, 1995, or September 11, 2001, or
       ``(B) who dies as a result of illness incurred as a result 
     of an attack involving anthrax occurring on or after 
     September 11, 2001, and before January 1, 2002.
     Such term shall not include any individual identified by the 
     Attorney General to have been a participant or conspirator in 
     any such attack or a representative of such an individual.''.
       (b) Conforming Amendments.--
       (1) Section 5(b)(1) is amended by inserting ``and victims 
     of certain terrorist attacks'' before ``on death''.
       (2) Section 6013(f)(2)(B) is amended by inserting ``and 
     victims of certain terrorist attacks'' before ``on death''.
       (c) Clerical Amendments.--
       (1) The heading of section 692 is amended to read as 
     follows:

     ``SEC. 692. INCOME TAXES OF MEMBERS OF ARMED FORCES AND 
                   VICTIMS OF CERTAIN TERRORIST ATTACKS ON 
                   DEATH.''.

       (2) The item relating to section 692 in the table of 
     sections for part II of subchapter J of chapter 1 is amended 
     to read as follows:

``Sec. 692. Income taxes of members of Armed Forces and victims of 
              certain terrorist attacks on death.''.

       (d) Effective Date; Waiver of Limitations.--
       (1) Effective date.--The amendments made by this section 
     shall apply to taxable years ending before, on, or after 
     September 11, 2001.
       (2) Waiver of limitations.--If refund or credit of any 
     overpayment of tax resulting from the amendments made by this 
     section is prevented at any time before the close of the 1-
     year period beginning on the date of the enactment of this 
     Act by the operation of any law or rule of law (including res 
     judicata), such refund or credit may nevertheless be made or 
     allowed if claim therefor is filed before the close of such 
     period.

     SEC. 102. EXCLUSION OF CERTAIN DEATH BENEFITS.

       (a) In General.--Section 101 (relating to certain death 
     benefits) is amended by adding at the end the following new 
     subsection:
       ``(i) Certain Employee Death Benefits Payable by Reason of 
     Death of Certain Terrorist Victims.--
       ``(1) In general.--Gross income does not include amounts 
     (whether in a single sum or otherwise) paid by an employer by 
     reason of the death of an employee who is a specified 
     terrorist victim (as defined in section 692(d)(4)).
       ``(2) Limitation.--
       ``(A) In general.--Subject to such rules as the Secretary 
     may prescribe, paragraph (1) shall not apply to amounts which 
     would have been payable after death if the individual had 
     died other than as a specified terrorist victim (as so 
     defined).
       ``(B) Exception.--Subparagraph (A) shall not apply to 
     incidental death benefits paid from a plan described in 
     section 401(a) and exempt from tax under section 501(a).
       ``(3) Treatment of self-employed individuals.--For purposes 
     of paragraph (1), the term `employee' includes a self-
     employed individual (as defined in section 401(c)(1)).''.
       (b) Effective Date; Waiver of Limitations.--
       (1) Effective date.--The amendment made by this section 
     shall apply to taxable years ending before, on, or after 
     September 11, 2001.
       (2) Waiver of limitations.--If refund or credit of any 
     overpayment of tax resulting from the amendments made by this 
     section is prevented at any time before the close of the 1-
     year period beginning on the date of the enactment of this 
     Act by the operation of any law or rule of law (including res 
     judicata), such refund or credit may nevertheless be made or 
     allowed if claim therefor is filed before the close of such 
     period.

     SEC. 103. ESTATE TAX REDUCTION.

       (a) In General.--Section 2201 is amended to read as 
     follows:

     ``SEC. 2201. COMBAT ZONE-RELATED DEATHS OF MEMBERS OF THE 
                   ARMED FORCES AND DEATHS OF VICTIMS OF CERTAIN 
                   TERRORIST ATTACKS.

       ``(a) In General.--Unless the executor elects not to have 
     this section apply, in applying sections 2001 and 2101 to the 
     estate of a qualified decedent, the rate schedule set forth 
     in subsection (c) shall be deemed to be the rate schedule set 
     forth in section 2001(c).
       ``(b) Qualified Decedent.--For purposes of this section, 
     the term `qualified decedent' means--
       ``(1) any citizen or resident of the United States dying 
     while in active service of the Armed Forces of the United 
     States, if such decedent--
       ``(A) was killed in action while serving in a combat zone, 
     as determined under section 112(c), or
       ``(B) died as a result of wounds, disease, or injury 
     suffered while serving in a combat zone (as determined under 
     section 112(c)), and while in the line of duty, by reason of 
     a hazard to which such decedent was subjected as an incident 
     of such service, and
       ``(2) any specified terrorist victim (as defined in section 
     692(d)(4)).
       ``(c) Rate Schedule.--

``If the amount with respect to which the tentative tax to be computed 
The tentative tax is:
1 percent of the amount by which such amount exceeds $100,000..........
$500 plus 2 percent of the excess over $150,000........................
$1,500 plus 3 percent of the excess over $200,000......................
$4,500 plus 4 percent of the excess over $300,000......................
$12,500 plus 5 percent of the excess over $500,000.....................
$22,500 plus 6 percent of the excess over $700,000.....................
$34,500 plus 7 percent of the excess over $900,000.....................
$48,500 plus 8 percent of the excess over $1,100,000...................
$88,500 plus 9 percent of the excess over $1,600,000...................
$133,500 plus 10 percent of the excess over $2,100,000.................
$183,500 plus 11 percent of the excess over $2,600,000.................
$238,500 plus 12 percent of the excess over $3,100,000.................
$298,500 plus 13 percent of the excess over $3,600,000.................
$363,500 plus 14 percent of the excess over $4,100,000.................
$503,500 plus 15 percent of the excess over $5,100,000.................
$653,500 plus 16 percent of the excess over $6,100,000.................

[[Page 27850]]

$813,500 plus 17 percent of the excess over $7,100,000.................
$983,500 plus 18 percent of the excess over $8,100,000.................
$1,163,500 plus 19 percent of the excess over $9,100,000...............
$1,353,500 plus 20 percent of the excess over $10,100,000..............

       ``(d) Determination of Unified Credit.--In the case of an 
     estate to which this section applies, subsection (a) shall 
     not apply in determining the credit under section 2010.''.
       (b) Conforming Amendments.--
       (1) Section 2011 is amended by striking subsection (d) and 
     by redesignating subsections (e), (f), and (g) as subsections 
     (d), (e), and (f), respectively.
       (2) Section 2053(d)(3)(B) is amended by striking ``section 
     2011(e)'' and inserting ``section 2011(d)''.
       (3) Paragraph (9) of section 532(c) of the Economic Growth 
     and Tax Relief Reconciliation Act of 2001 is repealed.
       (c) Clerical Amendment.--The item relating to section 2201 
     in the table of sections for subchapter C of chapter 11 is 
     amended to read as follows:

``Sec. 2201. Combat zone-related deaths of members of the Armed Forces 
              and deaths of victims of certain terrorist attacks.''.

       (d) Effective Date; Waiver of Limitations.--
       (1) Effective date.--The amendments made by this section 
     shall apply to estates of decedents--
       (A) dying on or after September 11, 2001, and
       (B) in the case of individuals dying as a result of the 
     April 19, 1995, terrorist attack, dying on or after April 19, 
     1995.
       (2) Waiver of limitations.--If refund or credit of any 
     overpayment of tax resulting from the amendments made by this 
     section is prevented at any time before the close of the 1-
     year period beginning on the date of the enactment of this 
     Act by the operation of any law or rule of law (including res 
     judicata), such refund or credit may nevertheless be made or 
     allowed if claim therefor is filed before the close of such 
     period.

     SEC. 104. PAYMENTS BY CHARITABLE ORGANIZATIONS TREATED AS 
                   EXEMPT PAYMENTS.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986--
       (1) payments made by an organization described in section 
     501(c)(3) of such Code by reason of the death, injury, 
     wounding, or illness of an individual incurred as the result 
     of the terrorist attacks against the United States on 
     September 11, 2001, or an attack involving anthrax occurring 
     on or after September 11, 2001, and before January 1, 2002, 
     shall be treated as related to the purpose or function 
     constituting the basis for such organization's exemption 
     under section 501 of such Code if such payments are made in 
     good faith using a reasonable and objective formula which is 
     consistently applied, and
       (2) in the case of a private foundation (as defined in 
     section 509 of such Code), any payment described in paragraph 
     (1) shall not be treated as made to a disqualified person for 
     purposes of section 4941 of such Code.
       (b) Effective Date.--This section shall apply to payments 
     made on or after September 11, 2001.

     SEC. 105. EXCLUSION OF CERTAIN CANCELLATIONS OF INDEBTEDNESS.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986--
       (1) gross income shall not include any amount which (but 
     for this section) would be includible in gross income by 
     reason of the discharge (in whole or in part) of indebtedness 
     of any taxpayer if the discharge is by reason of the death of 
     an individual incurred as the result of the terrorist attacks 
     against the United States on September 11, 2001, or as the 
     result of illness incurred as a result of an attack involving 
     anthrax occurring on or after September 11, 2001, and before 
     January 1, 2002, and
       (2) return requirements under section 6050P of such Code 
     shall not apply to any discharge described in paragraph (1).
       (b) Effective Date.--This section shall apply to discharges 
     made on or after September 11, 2001, and before January 1, 
     2002.

                  Subtitle B--Other Relief Provisions

     SEC. 111. EXCLUSION FOR DISASTER RELIEF PAYMENTS.

       (a) In General.--Part III of subchapter B of chapter 1 
     (relating to items specifically excluded from gross income) 
     is amended by redesignating section 139 as section 140 and 
     inserting after section 138 the following new section:

     ``SEC. 139. DISASTER RELIEF PAYMENTS.

       ``(a) General Rule.--Gross income shall not include any 
     amount received by an individual as a qualified disaster 
     relief payment.
       ``(b) Qualified Disaster Relief Payment Defined.--For 
     purposes of this section, the term `qualified disaster relief 
     payment' means any amount paid to or for the benefit of an 
     individual--
       ``(1) to reimburse or pay reasonable and necessary 
     personal, family, living, or funeral expenses incurred as a 
     result of a qualified disaster,
       ``(2) to reimburse or pay reasonable and necessary expenses 
     incurred for the repair or rehabilitation of a personal 
     residence or repair or replacement of its contents to the 
     extent that the need for such repair, rehabilitation, or 
     replacement is attributable to a qualified disaster,
       ``(3) by a person engaged in the furnishing or sale of 
     transportation as a common carrier by reason of the death or 
     personal physical injuries incurred as a result of a 
     qualified disaster, or
       ``(4) if such amount is paid by a Federal, State, or local 
     government, or agency or instrumentality thereof, in 
     connection with a qualified disaster in order to promote the 
     general welfare,

     but only to the extent any expense compensated by such 
     payment is not otherwise compensated for by insurance or 
     otherwise.
       ``(c) Qualified Disaster Defined.--For purposes of this 
     section, the term `qualified disaster' means--
       ``(1) a disaster which results from a terroristic or 
     military action (as defined in section 692(c)(2)),
       ``(2) a Presidentially declared disaster (as defined in 
     section 1033(h)(3)),
       ``(3) a disaster which results from an accident involving a 
     common carrier, or from any other event, which is determined 
     by the Secretary to be of a catastrophic nature, or
       ``(4) with respect to amounts described in subsection 
     (b)(4), a disaster which is determined by an applicable 
     Federal, State, or local authority (as determined by the 
     Secretary) to warrant assistance from the Federal, State, or 
     local government or agency or instrumentality thereof.
       ``(d) Coordination With Employment Taxes.--For purposes of 
     chapter 2 and subtitle C, a qualified disaster relief payment 
     shall not be treated as net earnings from self-employment, 
     wages, or compensation subject to tax.
       ``(e) No Relief for Certain Individuals.--Subsections (a) 
     and (f) shall not apply with respect to any individual 
     identified by the Attorney General to have been a participant 
     or conspirator in a terroristic action (as so defined), or a 
     representative of such individual.
       ``(f) Exclusion of Certain Additional Payments.--Gross 
     income shall not include any amount received as payment under 
     section 406 of the Air Transportation Safety and System 
     Stabilization Act.''
       (b) Conforming Amendments.--The table of sections for part 
     III of subchapter B of chapter 1 is amended by striking the 
     item relating to section 139 and inserting the following new 
     items:

``Sec. 139. Disaster relief payments.
``Sec. 140. Cross references to other Acts.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending on or after September 11, 
     2001.

     SEC. 112. AUTHORITY TO POSTPONE CERTAIN DEADLINES AND 
                   REQUIRED ACTIONS.

       (a) Expansion of Authority Relating to Disasters and 
     Terroristic or Military Actions.--Section 7508A is amended to 
     read as follows:

     ``SEC. 7508A. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY 
                   REASON OF PRESIDENTIALLY DECLARED DISASTER OR 
                   TERRORISTIC OR MILITARY ACTIONS.

       ``(a) In General.--In the case of a taxpayer determined by 
     the Secretary to be affected by a Presidentially declared 
     disaster (as defined in section 1033(h)(3)) or a terroristic 
     or military action (as defined in section 692(c)(2)), the 
     Secretary may specify a period of up to one year that may be 
     disregarded in determining, under the internal revenue laws, 
     in respect of any tax liability of such taxpayer--
       ``(1) whether any of the acts described in paragraph (1) of 
     section 7508(a) were performed within the time prescribed 
     therefor (determined without regard to extension under any 
     other provision of this subtitle for periods after the date 
     (determined by the Secretary) of such disaster or action),
       ``(2) the amount of any interest, penalty, additional 
     amount, or addition to the tax for periods after such date, 
     and
       ``(3) the amount of any credit or refund.
       ``(b) Special Rules Regarding Pensions, Etc.--In the case 
     of a pension or other employee benefit plan, or any sponsor, 
     administrator, participant, beneficiary, or other person with 
     respect to such plan, affected by a disaster or action 
     described in subsection (a), the Secretary may specify a 
     period of up to one year which may be disregarded in 
     determining the date by which any action is required or 
     permitted to be completed under this title. No plan shall be 
     treated as failing to be operated in accordance with the 
     terms of the plan solely as the result of disregarding any 
     period by reason of the preceding sentence.
       ``(c) Special Rules for Overpayments.--The rules of section 
     7508(b) shall apply for purposes of this section.''.
       (b) Clarification of Scope of Acts Secretary May 
     Postpone.--Section 7508(a)(1)(K) (relating to time to be 
     disregarded) is amended by striking ``in regulations 
     prescribed under this section''.
       (c) Conforming Amendments to ERISA.--
       (1) Part 5 of subtitle B of title I of the Employee 
     Retirement Income Security Act of

[[Page 27851]]

     1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 518. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY REASON 
                   OF PRESIDENTIALLY DECLARED DISASTER OR 
                   TERRORISTIC OR MILITARY ACTIONS.

       ``In the case of a pension or other employee benefit plan, 
     or any sponsor, administrator, participant, beneficiary, or 
     other person with respect to such plan, affected by a 
     Presidentially declared disaster (as defined in section 
     1033(h)(3) of the Internal Revenue Code of 1986) or a 
     terroristic or military action (as defined in section 
     692(c)(2) of such Code), the Secretary may, notwithstanding 
     any other provision of law, prescribe, by notice or 
     otherwise, a period of up to one year which may be 
     disregarded in determining the date by which any action is 
     required or permitted to be completed under this Act. No plan 
     shall be treated as failing to be operated in accordance with 
     the terms of the plan solely as the result of disregarding 
     any period by reason of the preceding sentence.''.
       (2) Section 4002 of Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1302) is amended by adding at the end the 
     following new subsection:
       ``(i) Special Rules Regarding Disasters, Etc.--In the case 
     of a pension or other employee benefit plan, or any sponsor, 
     administrator, participant, beneficiary, or other person with 
     respect to such plan, affected by a Presidentially declared 
     disaster (as defined in section 1033(h)(3) of the Internal 
     Revenue Code of 1986) or a terroristic or military action (as 
     defined in section 692(c)(2) of such Code), the corporation 
     may, notwithstanding any other provision of law, prescribe, 
     by notice or otherwise, a period of up to one year which may 
     be disregarded in determining the date by which any action is 
     required or permitted to be completed under this Act. No plan 
     shall be treated as failing to be operated in accordance with 
     the terms of the plan solely as the result of disregarding 
     any period by reason of the preceding sentence.''.
       (d) Additional Conforming Amendments.--
       (1) Section 6404 is amended--
       (A) by striking subsection (h),
       (B) by redesignating subsection (i) as subsection (h), and
       (C) by adding at the end the following new subsection:
       ``(i) Cross Reference.--

  ``For authority to suspend running of interest, etc. by reason of 
Presidentially declared disaster or terroristic or military action, see 
section 7508A.''.

       (2) Section 6081(c) is amended to read as follows:
       ``(c) Cross References.--

  ``For time for performing certain acts postponed by reason of war, 
see section 7508, and by reason of Presidentially declared disaster or 
terroristic or military action, see section 7508A.''.
       (3) Section 6161(d) is amended by adding at the end the 
     following new paragraph:
       ``(3) Postponement of certain acts.--

  ``For time for performing certain acts postponed by reason of war, 
see section 7508, and by reason of Presidentially declared disaster or 
terroristic or military action, see section 7508A.''.

       (d) Clerical Amendments.--
       (1) The item relating to section 7508A in the table of 
     sections for chapter 77 is amended to read as follows:

``Sec. 7508A. Authority to postpone certain deadlines by reason of 
              Presidentially declared disaster or terroristic or 
              military actions.''.

       (2) The table of contents for the Employee Retirement 
     Income Security Act of 1974 is amended by inserting after the 
     item relating to section 517 the following new item:

``Sec. 518. Authority to postpone certain deadlines by reason of 
              Presidentially declared disaster or terroristic or 
              military actions.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to disasters and terroristic or military actions 
     occurring on or after September 11, 2001, with respect to any 
     action of the Secretary of the Treasury, the Secretary of 
     Labor, or the Pension Benefit Guaranty Corporation occurring 
     on or after the date of the enactment of this Act.

     SEC. 113. APPLICATION OF CERTAIN PROVISIONS TO TERRORISTIC OR 
                   MILITARY ACTIONS.

       (a) Disability Income.--Section 104(a)(5) (relating to 
     compensation for injuries or sickness) is amended by striking 
     ``a violent attack'' and all that follows through the period 
     and inserting ``a terroristic or military action (as defined 
     in section 692(c)(2)).''.
       (b) Exemption From Income Tax for Certain Military or 
     Civilian Employees.--Section 692(c) is amended--
       (1) by striking ``outside the United States'' in paragraph 
     (1), and
       (2) by striking ``Sustained Overseas'' in the heading.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending on or after September 11, 
     2001.

     SEC. 114. CLARIFICATION OF DUE DATE FOR AIRLINE EXCISE TAX 
                   DEPOSITS.

       (a) In General.--Paragraph (3) of section 301(a) of the Air 
     Transportation Safety and System Stabilization Act (Public 
     Law 107-42) is amended to read as follows:
       ``(3) Airline-related deposit.--For purposes of this 
     subsection, the term `airline-related deposit' means any 
     deposit of taxes imposed by subchapter C of chapter 33 of 
     such Code (relating to transportation by air).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 301 of the Air 
     Transportation Safety and System Stabilization Act (Public 
     Law 107-42).

     SEC. 115. TREATMENT OF CERTAIN STRUCTURED SETTLEMENT 
                   PAYMENTS.

       (a) In General.--Subtitle E is amended by adding at the end 
     the following new chapter:

       ``CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS

``Sec. 5891. Structured settlement factoring transactions.

     ``SEC. 5891. STRUCTURED SETTLEMENT FACTORING TRANSACTIONS.

       ``(a) Imposition of Tax.--There is hereby imposed on any 
     person who acquires directly or indirectly structured 
     settlement payment rights in a structured settlement 
     factoring transaction a tax equal to 40 percent of the 
     factoring discount as determined under subsection (c)(4) with 
     respect to such factoring transaction.
       ``(b) Exception for Certain Approved Transactions.--
       ``(1) In general.--The tax under subsection (a) shall not 
     apply in the case of a structured settlement factoring 
     transaction in which the transfer of structured settlement 
     payment rights is approved in advance in a qualified order.
       ``(2) Qualified order.--For purposes of this section, the 
     term `qualified order' means a final order, judgment, or 
     decree which--
       ``(A) finds that the transfer described in paragraph (1)--
       ``(i) does not contravene any Federal or State statute or 
     the order of any court or responsible administrative 
     authority, and
       ``(ii) is in the best interest of the payee, taking into 
     account the welfare and support of the payee's dependents, 
     and
       ``(B) is issued--
       ``(i) under the authority of an applicable State statute by 
     an applicable State court, or
       ``(ii) by the responsible administrative authority (if any) 
     which has exclusive jurisdiction over the underlying action 
     or proceeding which was resolved by means of the structured 
     settlement.
       ``(3) Applicable state statute.--For purposes of this 
     section, the term `applicable State statute' means a statute 
     providing for the entry of an order, judgment, or decree 
     described in paragraph (2)(A) which is enacted by--
       ``(A) the State in which the payee of the structured 
     settlement is domiciled, or
       ``(B) if there is no statute described in subparagraph (A), 
     the State in which either the party to the structured 
     settlement (including an assignee under a qualified 
     assignment under section 130) or the person issuing the 
     funding asset for the structured settlement is domiciled or 
     has its principal place of business.
       ``(4) Applicable state court.--For purposes of this 
     section--
       ``(A) In general.--The term `applicable State court' means, 
     with respect to any applicable State statute, a court of the 
     State which enacted such statute.
       ``(B) Special rule.--In the case of an applicable State 
     statute described in paragraph (3)(B), such term also 
     includes a court of the State in which the payee of the 
     structured settlement is domiciled.
       ``(5) Qualified order dispositive.--A qualified order shall 
     be treated as dispositive for purposes of the exception under 
     this subsection.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Structured settlement.--The term `structured 
     settlement' means an arrangement--
       ``(A) which is established by--
       ``(i) suit or agreement for the periodic payment of damages 
     excludable from the gross income of the recipient under 
     section 104(a)(2), or
       ``(ii) agreement for the periodic payment of compensation 
     under any workers' compensation law excludable from the gross 
     income of the recipient under section 104(a)(1), and
       ``(B) under which the periodic payments are--
       ``(i) of the character described in subparagraphs (A) and 
     (B) of section 130(c)(2), and
       ``(ii) payable by a person who is a party to the suit or 
     agreement or to the workers' compensation claim or by a 
     person who has assumed the liability for such periodic 
     payments under a qualified assignment in accordance with 
     section 130.
       ``(2) Structured settlement payment rights.--The term 
     `structured settlement payment rights' means rights to 
     receive payments under a structured settlement.
       ``(3) Structured settlement factoring transaction.--
       ``(A) In general.--The term `structured settlement 
     factoring transaction' means a

[[Page 27852]]

     transfer of structured settlement payment rights (including 
     portions of structured settlement payments) made for 
     consideration by means of sale, assignment, pledge, or other 
     form of encumbrance or alienation for consideration.
       ``(B) Exception.--Such term shall not include--
       ``(i) the creation or perfection of a security interest in 
     structured settlement payment rights under a blanket security 
     agreement entered into with an insured depository institution 
     in the absence of any action to redirect the structured 
     settlement payments to such institution (or agent or 
     successor thereof) or otherwise to enforce such blanket 
     security interest as against the structured settlement 
     payment rights, or
       ``(ii) a subsequent transfer of structured settlement 
     payment rights acquired in a structured settlement factoring 
     transaction.
       ``(4) Factoring discount.--The term `factoring discount' 
     means an amount equal to the excess of--
       ``(A) the aggregate undiscounted amount of structured 
     settlement payments being acquired in the structured 
     settlement factoring transaction, over
       ``(B) the total amount actually paid by the acquirer to the 
     person from whom such structured settlement payments are 
     acquired.
       ``(5) Responsible administrative authority.--The term 
     `responsible administrative authority' means the 
     administrative authority which had jurisdiction over the 
     underlying action or proceeding which was resolved by means 
     of the structured settlement.
       ``(6) State.--The term `State' includes the Commonwealth of 
     Puerto Rico and any possession of the United States.
       ``(d) Coordination With Other Provisions.--
       ``(1) In general.--If the applicable requirements of 
     sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were 
     satisfied at the time the structured settlement involving 
     structured settlement payment rights was entered into, the 
     subsequent occurrence of a structured settlement factoring 
     transaction shall not affect the application of the 
     provisions of such sections to the parties to the structured 
     settlement (including an assignee under a qualified 
     assignment under section 130) in any taxable year.
       ``(2) No withholding of tax.--The provisions of section 
     3405 regarding withholding of tax shall not apply to the 
     person making the payments in the event of a structured 
     settlement factoring transaction.''.
       (b) Clerical Amendment.--The table of chapters for subtitle 
     E is amended by adding at the end the following new item:

``Chapter 55. Structured settlement factoring transactions.''.

       (c) Effective Dates.--
       (1) In general.--The amendments made by this section (other 
     than the provisions of section 5891(d) of the Internal 
     Revenue Code of 1986, as added by this section) shall apply 
     to structured settlement factoring transactions (as defined 
     in section 5891(c) of such Code (as so added)) entered into 
     on or after the 30th day following the date of the enactment 
     of this Act.
       (2) Clarification of existing law.--Section 5891(d) of such 
     Code (as so added) shall apply to structured settlement 
     factoring transactions (as defined in section 5891(c) of such 
     Code (as so added)) entered into before, on, or after such 
     30th day.
       (3) Transition rule.--In the case of a structured 
     settlement factoring transaction entered into during the 
     period beginning on the 30th day following the date of the 
     enactment of this Act and ending on July 1, 2002, no tax 
     shall be imposed under section 5891(a) of such Code if--
       (A) the structured settlement payee is domiciled in a State 
     (or possession of the United States) which has not enacted a 
     statute providing that the structured settlement factoring 
     transaction is ineffective unless the transaction has been 
     approved by an order, judgment, or decree of a court (or 
     where applicable, a responsible administrative authority) 
     which finds that such transaction--
       (i) does not contravene any Federal or State statute or the 
     order of any court (or responsible administrative authority), 
     and
       (ii) is in the best interest of the structured settlement 
     payee or is appropriate in light of a hardship faced by the 
     payee, and
       (B) the person acquiring the structured settlement payment 
     rights discloses to the structured settlement payee in 
     advance of the structured settlement factoring transaction 
     the amounts and due dates of the payments to be transferred, 
     the aggregate amount to be transferred, the consideration to 
     be received by the structured settlement payee for the 
     transferred payments, the discounted present value of the 
     transferred payments (including the present value as 
     determined in the manner described in section 7520 of such 
     Code), and the expenses required under the terms of the 
     structured settlement factoring transaction to be paid by the 
     structured settlement payee or deducted from the proceeds of 
     such transaction.

     SEC. 116. PERSONAL EXEMPTION DEDUCTION FOR CERTAIN DISABILITY 
                   TRUSTS.

       (a) In General.--Subsection (b) of section 642 (relating to 
     deduction for personal exemption) is amended to read as 
     follows:
       ``(b) Deduction for Personal Exemption.--
       ``(1) Estates.--An estate shall be allowed a deduction of 
     $600.
       ``(2) Trusts.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, a trust shall be allowed a deduction of $100.
       ``(B) Trusts distributing income currently.--A trust which, 
     under its governing instrument, is required to distribute all 
     of its income currently shall be allowed a deduction of $300.
       ``(C) Disability trusts.--
       ``(i) In general.--A qualified disability trust shall be 
     allowed a deduction equal to the exemption amount under 
     section 151(d), determined--

       ``(I) by treating such trust as an individual described in 
     section 151(d)(3)(C)(iii), and
       ``(II) by applying section 67(e) (without the reference to 
     section 642(b)) for purposes of determining the adjusted 
     gross income of the trust.

       ``(ii) Qualified disability trust.--For purposes of clause 
     (i), the term `qualified disability trust' means any trust 
     if--

       ``(I) such trust is a disability trust described in 
     subsection (c)(2)(B)(iv) of section 1917 of the Social 
     Security Act (42 U.S.C. 1396p), and
       ``(II) all of the beneficiaries of the trust as of the 
     close of the taxable year are determined by the Commissioner 
     of Social Security to have been disabled (within the meaning 
     of section 1614(a)(3) of the Social Security Act, 42 U.S.C. 
     1382c(a)(3)) for some portion of such year.

     A trust shall not fail to meet the requirements of subclause 
     (II) merely because the corpus of the trust may revert to a 
     person who is not so disabled after the trust ceases to have 
     any beneficiary who is so disabled.''
       ``(3) Deductions in lieu of personal exemption.--The 
     deductions allowed by this subsection shall be in lieu of the 
     deductions allowed under section 151 (relating to deduction 
     for personal exemption).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years ending on or after September 11, 
     2001.

   TITLE II--DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL 
                        SECURITY INVESTIGATIONS

     SEC. 201. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND 
                   NATIONAL SECURITY INVESTIGATIONS.

       (a) Disclosure Without a Request of Information Relating to 
     Terrorist Activities, Etc.--Paragraph (3) of section 6103(i) 
     (relating to disclosure of return information to apprise 
     appropriate officials of criminal activities or emergency 
     circumstances) is amended by adding at the end the following 
     new subparagraph:
       ``(C) Terrorist activities, etc.--
       ``(i) In general.--Except as provided in paragraph (6), the 
     Secretary may disclose in writing return information (other 
     than taxpayer return information) that may be related to a 
     terrorist incident, threat, or activity to the extent 
     necessary to apprise the head of the appropriate Federal law 
     enforcement agency responsible for investigating or 
     responding to such terrorist incident, threat, or activity. 
     The head of the agency may disclose such return information 
     to officers and employees of such agency to the extent 
     necessary to investigate or respond to such terrorist 
     incident, threat, or activity.
       ``(ii) Disclosure to the department of justice.--Returns 
     and taxpayer return information may also be disclosed to the 
     Attorney General under clause (i) to the extent necessary 
     for, and solely for use in preparing, an application under 
     paragraph (7)(D).
       ``(iii) Taxpayer identity.--For purposes of this 
     subparagraph, a taxpayer's identity shall not be treated as 
     taxpayer return information.
       ``(iv) Termination.--No disclosure may be made under this 
     subparagraph after December 31, 2003.''.
       (b) Disclosure Upon Request of Information Relating to 
     Terrorist Activities, Etc.--Subsection (i) of section 6103 
     (relating to disclosure to Federal officers or employees for 
     administration of Federal laws not relating to tax 
     administration) is amended by redesignating paragraph (7) as 
     paragraph (8) and by inserting after paragraph (6) the 
     following new paragraph:
       ``(7) Disclosure upon request of information relating to 
     terrorist activities, etc.--
       ``(A) Disclosure to law enforcement agencies.--
       ``(i) In general.--Except as provided in paragraph (6), 
     upon receipt by the Secretary of a written request which 
     meets the requirements of clause (iii), the Secretary may 
     disclose return information (other than taxpayer return 
     information) to officers and employees of any Federal law 
     enforcement agency who are personally and directly engaged in 
     the response to or investigation of any terrorist incident, 
     threat, or activity.
       ``(ii) Disclosure to state and local law enforcement 
     agencies.--The head of any Federal law enforcement agency may 
     disclose return information obtained under clause (i) to 
     officers and employees of any State or local law enforcement 
     agency but only if such agency is part of a team with

[[Page 27853]]

     the Federal law enforcement agency in such response or 
     investigation and such information is disclosed only to 
     officers and employees who are personally and directly 
     engaged in such response or investigation.
       ``(iii) Requirements.--A request meets the requirements of 
     this clause if--

       ``(I) the request is made by the head of any Federal law 
     enforcement agency (or his delegate) involved in the response 
     to or investigation of any terrorist incident, threat, or 
     activity, and
       ``(II) the request sets forth the specific reason or 
     reasons why such disclosure may be relevant to a terrorist 
     incident, threat, or activity.

       ``(iv) Limitation on use of information.--Information 
     disclosed under this subparagraph shall be solely for the use 
     of the officers and employees to whom such information is 
     disclosed in such response or investigation.
       ``(B) Disclosure to intelligence agencies.--
       ``(i) In general.--Except as provided in paragraph (6), 
     upon receipt by the Secretary of a written request which 
     meets the requirements of clause (ii), the Secretary may 
     disclose return information (other than taxpayer return 
     information) to those officers and employees of the 
     Department of Justice, the Department of the Treasury, and 
     other Federal intelligence agencies who are personally and 
     directly engaged in the collection or analysis of 
     intelligence and counterintelligence information or 
     investigation concerning any terrorist incident, threat, or 
     activity. For purposes of the preceding sentence, the 
     information disclosed under the preceding sentence shall be 
     solely for the use of such officers and employees in such 
     investigation, collection, or analysis.
       ``(ii) Requirements.--A request meets the requirements of 
     this subparagraph if the request--

       ``(I) is made by an individual described in clause (iii), 
     and
       ``(II) sets forth the specific reason or reasons why such 
     disclosure may be relevant to a terrorist incident, threat, 
     or activity.

       ``(iii) Requesting individuals.--An individual described in 
     this subparagraph is an individual--

       ``(I) who is an officer or employee of the Department of 
     Justice or the Department of the Treasury who is appointed by 
     the President with the advice and consent of the Senate or 
     who is the Director of the United States Secret Service, and
       ``(II) who is responsible for the collection and analysis 
     of intelligence and counterintelligence information 
     concerning any terrorist incident, threat, or activity.

       ``(iv) Taxpayer identity.--For purposes of this 
     subparagraph, a taxpayer's identity shall not be treated as 
     taxpayer return information.
       ``(C) Disclosure under ex parte orders.--
       ``(i) In general.--Except as provided in paragraph (6), any 
     return or return information with respect to any specified 
     taxable period or periods shall, pursuant to and upon the 
     grant of an ex parte order by a Federal district court judge 
     or magistrate under clause (ii), be open (but only to the 
     extent necessary as provided in such order) to inspection by, 
     or disclosure to, officers and employees of any Federal law 
     enforcement agency or Federal intelligence agency who are 
     personally and directly engaged in any investigation, 
     response to, or analysis of intelligence and 
     counterintelligence information concerning any terrorist 
     incident, threat, or activity. Return or return information 
     opened to inspection or disclosure pursuant to the preceding 
     sentence shall be solely for the use of such officers and 
     employees in the investigation, response, or analysis, and in 
     any judicial, administrative, or grand jury proceedings, 
     pertaining to such terrorist incident, threat, or activity.
       ``(ii) Application for order.--The Attorney General, the 
     Deputy Attorney General, the Associate Attorney General, any 
     Assistant Attorney General, or any United States attorney may 
     authorize an application to a Federal district court judge or 
     magistrate for the order referred to in clause (i). Upon such 
     application, such judge or magistrate may grant such order if 
     he determines on the basis of the facts submitted by the 
     applicant that--

       ``(I) there is reasonable cause to believe, based upon 
     information believed to be reliable, that the return or 
     return information may be relevant to a matter relating to 
     such terrorist incident, threat, or activity, and
       ``(II) the return or return information is sought 
     exclusively for use in a Federal investigation, analysis, or 
     proceeding concerning any terrorist incident, threat, or 
     activity.

       ``(D) Special rule for ex parte disclosure by the irs.--
       ``(i) In general.--Except as provided in paragraph (6), the 
     Secretary may authorize an application to a Federal district 
     court judge or magistrate for the order referred to in 
     subparagraph (C)(i). Upon such application, such judge or 
     magistrate may grant such order if he determines on the basis 
     of the facts submitted by the applicant that the requirements 
     of subparagraph (C)(ii)(I) are met.
       ``(ii) Limitation on use of information.--Information 
     disclosed under clause (i)--

       ``(I) may be disclosed only to the extent necessary to 
     apprise the head of the appropriate Federal law enforcement 
     agency responsible for investigating or responding to a 
     terrorist incident, threat, or activity, and
       ``(II) shall be solely for use in a Federal investigation, 
     analysis, or proceeding concerning any terrorist incident, 
     threat, or activity.

     The head of such Federal agency may disclose such information 
     to officers and employees of such agency to the extent 
     necessary to investigate or respond to such terrorist 
     incident, threat, or activity.

       ``(E) Termination.--No disclosure may be made under this 
     paragraph after December 31, 2003.''.
       (c) Conforming Amendments.--
       (1) Section 6103(a)(2) is amended by inserting ``any local 
     law enforcement agency receiving information under subsection 
     (i)(7)(A),'' after ``State,''.
       (2) Section 6103(b) is amended by adding at the end the 
     following new paragraph:
       ``(11) Terrorist incident, threat, or activity.--The term 
     `terrorist incident, threat, or activity' means an incident, 
     threat, or activity involving an act of domestic terrorism 
     (as defined in section 2331(5) of title 18, United States 
     Code) or international terrorism (as defined in section 
     2331(1) of such title).''.
       (3) The heading of section 6103(i)(3) is amended by 
     inserting ``or terrorist'' after ``criminal''.
       (4) Paragraph (4) of section 6103(i) is amended--
       (A) in subparagraph (A) by inserting ``or (7)(C)'' after 
     ``paragraph (1)'', and
       (B) in subparagraph (B) by striking ``or (3)(A)'' and 
     inserting ``(3)(A) or (C), or (7)''.
       (5) Paragraph (6) of section 6103(i) is amended--
       (A) by striking ``(3)(A)'' and inserting ``(3)(A) or (C)'', 
     and
       (B) by striking ``or (7)'' and inserting ``(7), or (8)''.
       (6) Section 6103(p)(3) is amended--
       (A) in subparagraph (A) by striking ``(7)(A)(ii)'' and 
     inserting ``(8)(A)(ii)'', and
       (B) in subparagraph (C) by striking ``(i)(3)(B)(i)'' and 
     inserting ``(i)(3)(B)(i) or (7)(A)(ii)''.
       (7) Section 6103(p)(4) is amended--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``or (5),'' the first place it appears and 
     inserting ``(5), or (7),'', and
       (ii) by striking ``(i)(3)(B)(i),'' and inserting 
     ``(i)(3)(B)(i) or (7)(A)(ii),'', and
       (B) in subparagraph (F)(ii) by striking ``or (5),'' the 
     first place it appears and inserting ``(5) or (7),''.
       (8) Section 6103(p)(6)(B)(i) is amended by striking 
     ``(i)(7)(A)(ii)'' and inserting ``(i)(8)(A)(ii)''.
       (9) Section 6105(b) is amended--
       (A) by striking ``or'' at the end of paragraph (2),
       (B) by striking ``paragraphs (1) or (2)'' in paragraph (3) 
     and inserting ``paragraph (1), (2), or (3)'',
       (C) by redesignating paragraph (3) as paragraph (4), and
       (D) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) to the disclosure of tax convention information on 
     the same terms as return information may be disclosed under 
     paragraph (3)(C) or (7) of section 6103(i), except that in 
     the case of tax convention information provided by a foreign 
     government, no disclosure may be made under this paragraph 
     without the written consent of the foreign government, or''.
       (10) Section 7213(a)(2) is amended by striking 
     ``(i)(3)(B)(i),'' and inserting ``(i)(3)(B)(i) or 
     (7)(A)(ii),''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to disclosures made on or after the date of the 
     enactment of this Act.

          TITLE III--NO IMPACT ON SOCIAL SECURITY TRUST FUNDS

     SEC. 301. NO IMPACT ON SOCIAL SECURITY TRUST FUNDS.

       (a) In General.--Nothing in this Act (or an amendment made 
     by this Act) shall be construed to alter or amend title II of 
     the Social Security Act (or any regulation promulgated under 
     that Act).
       (b) Transfers.--
       (1) Estimate of secretary.--The Secretary of the Treasury 
     shall annually estimate the impact that the enactment of this 
     Act has on the income and balances of the trust funds 
     established under section 201 of the Social Security Act (42 
     U.S.C. 401).
       (2) Transfer of funds.--If, under paragraph (1), the 
     Secretary of the Treasury estimates that the enactment of 
     this Act has a negative impact on the income and balances of 
     the trust funds established under section 201 of the Social 
     Security Act (42 U.S.C. 401), the Secretary shall transfer, 
     not less frequently than quarterly, from the general revenues 
     of the Federal Government an amount sufficient so as to 
     ensure that the income and balances of such trust funds are 
     not reduced as a result of the enactment of this Act.
                                  ____

  SA 2690. Mr. HOLLINGS (for himself, Mr. McCain, and Mr. Graham) 
proposed an amendment to the bill S. 1214, to amend the Merchant Marine 
Act, 1936,

[[Page 27854]]

to establish a program to ensure greater security for United States 
seaports, and for other purposes; as follows:

     Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Port and 
     Maritime Security Act of 2001''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
TITLE I--PORT AND MARITIME SECURITY
Sec. 101. Findings.
Sec. 102. National Maritime Security Advisory Committee.
Sec. 103. Initial security evaluations and port vulnerability 
              assessments.
Sec. 104. Establishment of local port security committees.
Sec. 105. Maritime facility security plans.
Sec. 106. Employment investigations and restrictions for security-
              sensitive positions.
Sec. 107. Maritime domain awareness.
Sec. 108. International port security.
Sec. 109. Counter-terrorism and incident contingency plans.
Sec. 110. Maritime security professional training.
Sec. 111. Port security infrastructure improvement.
Sec. 112. Screening and detection equipment.
Sec. 113. Revision of port security planning guide.
Sec. 114. Shared dockside inspection facilities.
Sec. 115. Mandatory advanced electronic information for cargo and 
              passengers and other improved customs reporting 
              procedures.
Sec. 116. Prearrival messages from vessels destined to United States 
              ports.
Sec. 117. Maritime safety and security teams.
Sec. 118. Research and development for crime and terrorism prevention 
              and detection technology.
Sec. 119. Extension of seaward jurisdiction.
Sec. 120. Suspension of limitation on strength of Coast Guard.
Sec. 121. Additional reports.
Sec. 122. 4-year reauthorization of tonnage duties.
Sec. 123 Definitions.
TITLE II--ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES
Sec. 201. Extension of deepwater port act to natural gas.
Sec. 202. Assignment of Coast Guard personnel as sea marshals and 
              enhanced use of other security personnel.
Sec. 203. National maritime transportation security plan.
Sec. 204. Area maritime security committees and area maritime security 
              plans.
Sec. 205. Vessel security plans.
Sec. 206. Protection of security-related information.
Sec. 207. Enhanced cargo identification and tracking.
Sec. 208. Enhanced crewmember identification.

                  TITLE I--PORT AND MARITIME SECURITY

     SEC. 101. FINDINGS.

       The Congress makes the following findings:
       (1) There are 361 public ports in the United States which 
     have a broad range of characteristics, and all of which are 
     an integral part of our Nation's commerce.
       (2) United States ports conduct over 95 percent of United 
     States overseas trade. Over the next 20 years, the total 
     volume of imported and exported goods at ports is expected to 
     more than double.
       (3) The variety of trade and commerce that are carried out 
     at ports has greatly expanded. Bulk cargo, containerized 
     cargo, passenger transport and tourism, intermodal 
     transportation systems, and complex domestic and 
     international trade relationships have significantly changed 
     the nature, conduct, and complexity of port commerce.
       (4) The United States is increasingly dependent on imported 
     energy for a substantial share of supply, and a disruption of 
     supply would seriously harm consumers and our economy.
       (5) The top 50 ports in the United States account for about 
     90 percent of all the cargo tonnage. Twenty-five United 
     States ports account for 98 percent of all container 
     shipments. Cruise ships visiting foreign destinations embark 
     from 16 ports. Ferries in the United States transport 
     113,000,000 passengers and 32,000,000 vehicles per year.
       (6) In the larger ports, the activities can stretch along a 
     coast for many miles, including public roads within their 
     geographic boundaries. The facilities used to support 
     arriving and departing cargo are sometimes miles from the 
     coast.
       (7) Ports often are a major locus of Federal crime, 
     including drug trafficking, cargo theft, and smuggling of 
     contraband and aliens. The criminal conspiracies often 
     associated with these crimes can pose threats to the people 
     and critical infrastructures of port cities. Ports that 
     accept international cargo have a higher risk of 
     international crimes like drug and alien smuggling and trade 
     fraud.
       (8) Ports are often very open and exposed and, by the very 
     nature of their role in promoting the free flow of commerce, 
     are susceptible to large scale terrorism that could pose a 
     threat to coastal, Great Lake, or riverain populations. Port 
     terrorism could pose a significant threat to the ability of 
     the United States to pursue its national security objectives.
       (9) United States ports are international boundaries, 
     however, unlike United States airports and land borders, 
     United States ports receive no Federal funds for security 
     infrastructure.
       (10) Current inspection levels of containerized cargo are 
     insufficient to counter potential security risks. Technology 
     is currently not adequately deployed to allow for the non-
     intrusive inspection of containerized cargo. Additional 
     promising technology is in the process of being developed 
     that could inspect cargo in a non-intrusive and efficient 
     fashion.
       (11) The burgeoning cruise ship industry poses a special 
     risk from a security perspective.
       (12) Effective physical security and access control in 
     ports is fundamental to deterring and preventing potential 
     threats to port operations, and cargo shipments.
       (13) Securing entry points, open storage areas, and 
     warehouses throughout the port, controlling the movements of 
     trucks transporting cargo through the port, and examining or 
     inspecting containers, warehouses, and ships at berth or in 
     the harbor are all important requirements that should be 
     implemented.
       (14) Identification procedures for arriving workers are 
     important tools to deter and prevent port cargo crimes, 
     smuggling, and terrorist actions.
       (15) On April 27, 1999, the President established the 
     Interagency Commission on Crime and Security in United States 
     Ports to undertake a comprehensive study of the nature and 
     extent of the problem of crime in our ports, as well as the 
     ways in which governments at all levels are responding.
       (16) The Commission has issued findings that indicate the 
     following:
       (A) Frequent crimes in ports include drug smuggling, 
     illegal car exports, fraud (including Intellectual Property 
     Rights and other trade violations), and cargo theft.
       (B) Data about crime in ports has been very difficult to 
     collect.
       (C) Internal conspiracies are an issue at many ports, and 
     contribute to Federal crime.
       (D) Intelligence and information sharing among law 
     enforcement agencies needs to be improved and coordinated at 
     many ports.
       (E) Many ports do not have any idea about the threats they 
     face from crime, terrorism, and other security-related 
     activities because of a lack of credible threat information.
       (F) A lack of minimum physical, procedural, and personnel 
     security standards at ports and at terminals, warehouses, 
     trucking firms, and related facilities leaves many ports and 
     port users vulnerable to theft, pilferage, and unauthorized 
     access by criminals.
       (G) Access to ports and operations within ports is often 
     uncontrolled.
       (H) Coordination and cooperation between law enforcement 
     agencies in the field is often fragmented.
       (I) Meetings between law enforcement personnel, carriers, 
     marine terminal operators, and port authorities regarding 
     security are not being held routinely in the ports. These 
     meetings could increase coordination and cooperation at the 
     local level.
       (J) Security-related equipment such as small boats, 
     cameras, and vessel tracking devices is lacking at many 
     ports.
       (K) Detection equipment such as large-scale x-ray machines 
     is lacking at many high-risk ports.
       (L) A lack of timely, accurate, and complete manifest 
     (including in-bond) and trade (entry, importer, etc.) data 
     negatively impacts law enforcement's ability to function 
     effectively.
       (M) Criminal organizations are exploiting weak security in 
     ports and related intermodal connections to commit a wide 
     range of cargo crimes. Levels of containerized cargo volumes 
     are forecasted to increase significantly, which will create 
     more opportunities for crime while lowering the statistical 
     risk of detection and interdiction.
       (17) United States ports are international boundaries 
     that--
       (A) are particularly vulnerable to threats of drug 
     smuggling, illegal alien smuggling, cargo theft, illegal 
     entry of cargo and contraband;
       (B) may present weaknesses in the ability of the United 
     States to realize its national security objectives; and
       (C) may serve as a vector or target for terrorist attacks 
     aimed at the population of the United States.
       (18) It is in the best interests of the United States--
       (A) to be mindful that United States ports are 
     international ports of entry and that the primary obligation 
     for the security of international ports of entry lies with 
     the Federal government;
       (B) to be mindful of the need for the free flow of 
     interstate and foreign commerce and

[[Page 27855]]

     the need to ensure the efficient movement of cargo in 
     interstate and foreign commerce and the need for increased 
     efficiencies to address trade gains;
       (C) to increase United States port security by establishing 
     a better method of communication amongst law enforcement 
     officials responsible for port boundary, security, and trade 
     issues;
       (D) to formulate requirements for physical port security, 
     recognizing the different character and nature of United 
     States ports, and to require the establishment of security 
     programs at ports;
       (E) to provide financial incentives to help the States and 
     private sector to increase physical security of United States 
     ports;
       (F) to invest in long-term technology to facilitate the 
     private sector development of technology that will assist in 
     the non-intrusive timely detection of crime or potential 
     crime;
       (G) to harmonize data collection on port-related and other 
     cargo theft, in order to address areas of potential threat to 
     safety and security;
       (H) to create shared inspection facilities to help 
     facilitate the timely and efficient inspection of people and 
     cargo in United States ports;
       (I) to improve Customs reporting procedures to enhance the 
     potential detection of crime in advance of arrival or 
     departure of cargoes; and
       (J) to promote private sector procedures that provide for 
     in-transit visibility and support law enforcement efforts 
     directed at managing the security risks of cargo shipments.

     SEC. 102. NATIONAL MARITIME SECURITY ADVISORY COMMITTEE.

       (a) In General.--Section 7 of the Ports and Waterways 
     Safety Act (33 U.S.C. 1226) is amended by adding at the end 
     the following:
       ``(d) National Maritime Security Advisory Committee.--
       ``(1) In general.--The Secretary shall establish a National 
     Maritime Security Advisory Committee, comprised of not more 
     than 21 members appointed by the Secretary. The Secretary may 
     require that a prospective member undergo a background check 
     or obtain an appropriate security clearance before 
     appointment.
       ``(2) Organization.--The Secretary--
       ``(A) shall designate a chairperson of the Advisory 
     Committee;
       ``(B) shall approve a charter, including such procedures 
     and rules as the Secretary deems necessary for the operation 
     of the Advisory Committee;
       ``(C) shall establish a law enforcement subcommittee and, 
     with the consent of the Secretary of the Treasury and the 
     Attorney General, respectively, include as members of the 
     subcommittee representatives from the Customs Service and the 
     Immigration and Naturalization Service;
       ``(D) may establish other subcommittees to facilitate 
     consideration of specific issues, including maritime and port 
     security, border protection, and maritime domain awareness 
     issues, the potential effects on national energy security, 
     the United States economy, and the environment of disruptions 
     of crude oil, refined petroleum products, liquified natural 
     gas, and other energy sources; and
       ``(E) may invite the participation of other Federal 
     agencies and of State and local government agencies of State, 
     including law enforcement agencies, with an interest or 
     expertise in anti-terrorism or maritime and port security and 
     safety related issues.
       ``(3) Material and mission support.--In carrying out this 
     subsection, the Secretary may accept contributions of funds, 
     material, services, and the use of personnel and facilities 
     from public or private entities, by contract or other 
     arrangement, if the confidentiality of security-sensitive 
     information is maintained and access to such information is 
     limited appropriately. The Secretary shall deposit any funds 
     accepted under this paragraph as miscellaneous receipts in 
     the general fund of the Treasury.
       ``(4) Functions.--The Advisory Committee shall--
       ``(A) advise, consult with, report to, and make 
     recommendations to the Secretary on ways to enhance the 
     security and safety of United States ports; and
       ``(B) provide advice and recommendations to the Secretary 
     on matters related to maritime and port security and safety, 
     including--
       ``(i) longterm solutions for maritime and port security 
     issues;
       ``(ii) coordination of security and safety operations and 
     information between and among Federal, State, and local 
     governments and area and local port security committees and 
     harbor safety committees;
       ``(iii) conditions for maritime security and safety loan 
     guarantees and grants;
       ``(iv) development of a National Maritime Transportation 
     Security Plan;
       ``(v) development and implementation of area and local 
     maritime security plans;
       ``(vi) protection of port energy transportation facilities; 
     and
       ``(vii) helping to ensure that the public and area and 
     local port security committees are kept informed about 
     maritime security enhancement developments.
       ``(5) Termination.--The Advisory Committee shall terminate 
     on September 30, 2005.''.
       (b) Funding for FYs 2003-2005.--Of the amounts made 
     available under section 122(b) there may be made available to 
     the Secretary of Transportation for activities of the 
     National Maritime Security Advisory Committee established 
     under section 7(d) of the Ports and Waterways Safety Act (33 
     U.S.C. 1226(d)) $1,000,000 for each of fiscal years 2003 
     through 2005, such sums to remain available until expended.
       (c) Authorization of Appropriations for FY 2002.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation $1,000,000 for fiscal year 2002 for activities 
     of the Advisory Committee, such sums to remain available 
     until expended.

     SEC. 103. INITIAL SECURITY EVALUATIONS AND PORT VULNERABILITY 
                   ASSESSMENTS.

       (a) In General.--Section 7 of the Ports and Waterways 
     Safety Act (33 U.S.C. 1226), as amended by section 102, is 
     further amended by adding at the end the following:
       ``(e) Initial Security Evaluations and Port Vulnerability 
     Assessments.--
       ``(1) Development of standards.--The Secretary, in 
     consultation with appropriate public and private sector 
     officials and organizations, shall develop standards and 
     procedures for conducting initial security evaluations and 
     port vulnerability assessments.
       ``(2) Initial security evaluations.--The Secretary shall 
     conduct an initial security evaluation of all port 
     authorities, waterfront facilities, and public or commercial 
     structures located within or adjacent to the marine 
     environment. The Secretary shall consult the local port 
     security committee while developing the initial security 
     evaluation, and may require each port authority, waterfront 
     facility operator, or operator of a public or commercial 
     structure located within or adjacent to the marine 
     environment to submit security information for review by the 
     local port security committee.
       ``(3) Port vulnerability assessments.--The Secretary shall 
     review initial security evaluations and conduct a port 
     vulnerability assessment for each port for which the 
     Secretary determines such an assessment is appropriate. If a 
     port vulnerability assessment has been conducted within 5 
     years by or on behalf of a port authority or marine terminal 
     operator, and the Secretary determines that it was conducted 
     in a manner that is generally consistent with the standards 
     and procedures specified under this subsection, the Secretary 
     may accept that assessment rather than conducting another 
     port vulnerability assessment for that port.
       ``(4) Review and comment opportunity.--The Secretary shall 
     make each initial security evaluation and port vulnerability 
     assessment for a port available for review and comment by the 
     local port security committee, officials of the port 
     authority, marine terminal operator representatives, and 
     representatives of other entities connected to or affiliated 
     with maritime commerce or port security as the Secretary 
     determines to be appropriate, based on the recommendations of 
     the local port security committee.
       ``(5) Unauthorized disclosure.--The Secretary shall ensure 
     that all initial security evaluations, port vulnerability 
     assessments, and any associated materials are properly 
     safeguarded from unauthorized disclosure.
       ``(6) Material and mission support.--In carrying out 
     responsibilities under this Act, the Secretary may accept 
     contributions of funds, material, services, and the use of 
     personnel and facilities from public and private entities by 
     contract or other arrangement if the confidentiality of 
     security-sensitive information is maintained and access to 
     such information is limited appropriately. The Secretary 
     shall deposit any funds accepted under this section as 
     miscellaneous receipts in the general fund of the 
     Treasury.''.
       (b) Funding.--Of the amounts made available under section 
     122(b) there may be made available to the Secretary 
     $10,000,000 for each of fiscal years 2003 through 2006 to 
     carry out section 7(e) of the Ports and Waterways Safety Act 
     (33 U.S.C. 1226(e)), such sums to remain available until 
     expended.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $20,000,000 for fiscal 
     year 2002 to carry out section 7(e) of the Ports and 
     Waterways Safety Act (33 U.S.C. 1226(e)), such sums to remain 
     available until expended.

     SEC. 104. ESTABLISHMENT OF LOCAL PORT SECURITY COMMITTEES.

       (a) In General.--Section 7 of the Ports and Waterways 
     Safety Act (33 U.S.C. 1226), as amended by section 103, is 
     further amended by adding at the end the following:
       ``(f) Local Port Security Committees.--
       ``(1) Establishment.--The Secretary shall establish local 
     port security committees.
       ``(2) Functions.--A local port security committees 
     established under this subsection shall--
       ``(A) help coordinate planning and other port security 
     activities;
       ``(B) help make use of, and disseminate the information 
     made available under this section;
       ``(C) make recommendations concerning initial security 
     evaluations and port vulnerability assessments by identifying 
     the unique characteristics of each port;
       ``(D) assist in the review of port vulnerability 
     assessments promulgated under this section;

[[Page 27856]]

       ``(E) assist in implementing the guidance promulgated under 
     this section;
       ``(F) annually review maritime security plans for each 
     local port authority, waterfront facility operator, or 
     operator of a public or commercial structure located within 
     or adjacent to the marine environment; and
       ``(G) assist the Captain-of-the-Port in conducting a field 
     security exercise at least once every 3 years to verify the 
     effectiveness of one or more maritime security plans for a 
     local port authority, waterfront facility operator, or 
     operator of a public or commercial structure located within 
     or adjacent to the marine environment.
       ``(3) Use of existing committees.--In establishing these 
     local port security committees, the Secretary may use or 
     augment any existing port or harbor safety committee or port 
     readiness committee, if the membership of the port security 
     committee includes representatives of--
       ``(A) the port authority or authorities;
       ``(B) Federal, State and local government;
       ``(C) Federal, State, and local law enforcement agencies;
       ``(D) longshore labor organizations or transportation 
     workers;
       ``(E) local port-related business officials or management 
     organizations;
       ``(F) shipping companies, vessel owners, terminal owners 
     and operators, truck, rail and pipeline operators, where such 
     are in operation;and
       ``(G) other persons or organizations whose inclusion is 
     deemed beneficial by the Captain of the Port or the 
     Secretary.
       ``(4) Chair.--Each local port security committee shall be 
     chaired by the Captain-of-the-Port.
       ``(5) Jurisdiction.--Each port may have a separate port 
     security committee or, at the discretion of the Captain-of-
     the-Port, a Captain-of-the-Port zone may have a single port 
     security committee covering all ports within that zone.
       ``(6) Quarterly meetings.--The port security committee 
     shall meet at least 4 times each year at the call of the 
     Chairperson.
       ``(7) FACA not applicable.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) does not apply to a port security 
     committee established under this subsection.
       ``(8) Material and mission support.--In carrying out 
     responsibilities under this Act, the Secretary may accept 
     contributions of funds, material, services, and the use of 
     personnel and facilities from public and private entities by 
     contract or other arrangement if the confidentiality of 
     security-sensitive information is maintained and access to 
     such information is limited appropriately. The Secretary 
     shall deposit any funds accepted under this section as 
     miscellaneous receipts in the general fund of the United 
     States Treasury.''.
       (b) Funding.--Of the amounts made available under section 
     122(b) there may be made available to the Secretary 
     $3,000,000 for each of fiscal years 2003 through 2006 to 
     carry out section 7(f) of the Ports and Waterways Safety Act 
     (33 U.S.C. 1226(f)), such sums to remain available until 
     expended.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $5,000,000 for each of 
     fiscal years 2002 and 2003 to carry out section 7(f) of the 
     Ports and Waterways Safety Act (33 U.S.C. 1226(f)), such sums 
     to remain available until expended.

     SEC. 105. MARITIME FACILITY SECURITY PLANS.

       Section 7 of the Ports and Waterways Safety Act, (33 U.S.C. 
     1226), as amended by section 104, is further amended by 
     adding at the end the following:
       ``(g) Maritime Facility Security Plans.--
       ``(1) Regulations to establish requirement.--The Secretary, 
     after consultation with the Secretary of the Treasury and the 
     Attorney General, shall issue regulations establishing 
     requirements for submission of a maritime facility security 
     plan, as the Secretary determines necessary, by each port 
     authority, waterfront facility operator, or operator of a 
     public or commercial structure located within or adjacent to 
     the marine environment (as defined in section 2101(15) of 
     title 46, United States Code). The Secretary shall ensure 
     that the local port security committee is consulted in the 
     development of a maritime facility security plan under those 
     regulations.
       ``(2) Purpose; specificity; content.--
       ``(A) Purpose.--A maritime facility security plan shall 
     provide a law enforcement program and capability at the port 
     that is adequate to safeguard the public and to improve the 
     response to threats of crime and terrorism.
       ``(B) Specificity.--Notwithstanding other provisions of 
     this Act, the Secretary may impose specific, or different 
     requirements on individual ports, port authorities, marine 
     terminal operators or other entities required to submit a 
     maritime facility security plan under regulations promulgated 
     under this subsection.
       ``(C) Content.--A maritime facility security plan shall 
     include--
       ``(i) provisions for establishing and maintaining physical 
     security for port areas and approaches, including 
     establishing, as necessary, controlled access areas and 
     secure perimeters within waterfront facilities and other 
     public or commercial structures located within or adjacent to 
     the marine environment;
       ``(ii) provisions for establishing and maintaining 
     procedural security for processing passengers, cargo, and 
     crewmembers, and security for employees and service 
     providers;
       ``(iii) a credentialing requirement to limit access to 
     waterfront facilities and other public or commercial 
     structures located within or adjacent to the marine 
     environment, designed to ensure that only authorized 
     individuals and service providers gain admittance;
       ``(iv) a credentialing requirement to limit access to 
     controlled areas and security-sensitive information;
       ``(v) provisions for restricting vehicular access, as 
     necessary, to designated port areas or facilities;
       ``(vi) provisions for restricting the introduction of 
     firearms and other dangerous weapons, as necessary, to 
     designated port areas or facilities;
       ``(vii) provisions for the use of appropriately qualified 
     private security officers or qualified State, local, or 
     private law enforcement personnel;
       ``(viii) procedures for evacuation of people from port 
     areas in the event of a terrorist attack or other emergency;
       ``(ix) a process for assessment and evaluation of the 
     safety and security of port areas before port operations are 
     resumed after a terrorist attack or other emergency; and
       ``(x) any other information the Secretary requires.
       ``(3) Incorporation of existing security plans.--The 
     Secretary may approve a maritime facility security plan, or 
     an amendment to an existing program or plan, that 
     incorporates--
       ``(A) a security program of a marine terminal operator 
     tenant with access to a secured area of the port, under such 
     conditions as the Secretary deems appropriate; or
       ``(B) a maritime facility security plan of a port authority 
     that incorporates a State or local security program, policy, 
     or law.
       ``(4) Approval process.--
       ``(A) In general.--The Secretary shall review and approve 
     or disapprove each maritime facility security plan submitted 
     under regulations promulgated under this subsection.
       ``(B) Resubmission of disapproved plans.--If the Secretary 
     disapproves a maritime facility security plan--
       ``(i) the Secretary shall notify the plan submitter in 
     writing of the reasons for the disapproval; and
       ``(ii) the submitter shall submit a revised maritime 
     facility security plan within 180 days after receiving the 
     notification of disapproval.
       ``(5) Periodic review and resubmission.--Whenever 
     appropriate, but no less frequently than once every 5 years, 
     each port authority, marine terminal operator or other entity 
     required to submit a maritime facility security plan under 
     regulations promulgated under this subsection shall review 
     its plan, make necessary or appropriate revisions, and submit 
     the results of its review and revised plan to the Secretary.
       ``(6) Interim security measures.--The Secretary shall 
     require each port authority, waterfront facility operator, or 
     operator of a public or commercial structure located within 
     or adjacent to the marine environment, to implement any 
     necessary security measures, including the establishment of a 
     secure perimeter and positive access controls, until the 
     maritime facility security plan for that port authority, 
     waterfront facility operator, or operator of a public or 
     commercial structure located within or adjacent to the marine 
     environment is approved.''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $3,500,000 for each of 
     fiscal years 2002 through 2006 to carry out section 7(g) of 
     the Ports and Waterways Safety Act (33 U.S.C. 1226(g)), such 
     sums to remain available until expended.

     SEC. 106. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS FOR 
                   SECURITY-SENSITIVE POSITIONS.

       Section 7 of the Ports and Waterways Safety Act, (33 U.S.C. 
     1226), as amended by section 105, is further amended by 
     adding at the end the following:
       ``(h) Designation Of Controlled Access Areas; Protection Of 
     Security-Sensitive Information; Employment Investigations And 
     Criminal History Record Checks.--
       ``(1) Access areas; restricted information regulations.--
     The Secretary, after consultation with the Secretary of the 
     Treasury and the Attorney General, shall prescribe 
     regulations to--
       ``(A) require, as necessary, the designation of controlled 
     access areas in the maritime facility security plan for each 
     waterfront facility and other public or commercial structure 
     located within or adjacent to the marine environment; and
       ``(B) limit access to security-sensitive information, such 
     as passenger and cargo manifests.
       ``(2) Screening; background checks.--In prescribing access 
     limitations under this section, the Secretary may--
       ``(A) require that persons entering or exiting secure, 
     restricted, or controlled access areas undergo physical 
     screening;
       ``(B) require appropriate escorts for persons without 
     proper clearances or credentials; and
       ``(C) require employment investigations and criminal 
     history record checks to ensure

[[Page 27857]]

     that individuals who have unrestricted access to controlled 
     areas or have access to security-sensitive information do not 
     pose a threat to national security or to the safety and 
     security of maritime commerce.
       ``(3) Disqualification from new or continued employment.--
     An individual may not be employed in a security-sensitive 
     position at any waterfront facility or other public or 
     commercial structure located within or adjacent to the marine 
     environment if--
       ``(A) the individual does not meet other criteria 
     established by the Secretary; or
       ``(B) a background investigation or criminal records check 
     reveals that--
       ``(i) within the previous 7 years the individual was 
     convicted, or found not guilty by reason of insanity of an 
     offense described in paragraph (4); or
       ``(ii) within the previous 5 years was released from 
     incarceration for committing an offense described in 
     paragraph (4).
       ``(4) Disqualifying offenses.--The offenses referred to in 
     paragraph (3)(B) are the following:
       ``(A) Murder.
       ``(B) Assault with intent to murder.
       ``(C) Espionage.
       ``(D) Sedition.
       ``(E) Treason.
       ``(F) Rape.
       ``(G) Kidnaping.
       ``(H) Unlawful possession, sale, distribution, importation, 
     or manufacture of an explosive or weapon.
       ``(I) Extortion.
       ``(J) Armed or felony unarmed robbery.
       ``(K) Importation, manufacture, or distribution of, or 
     intent to distribute, a controlled substance.
       ``(L) A felony involving a threat.
       ``(M) A felony involving willful destruction of property.
       ``(N) Smuggling.
       ``(O) Theft of property in the custody of the United States 
     Customs Service.
       ``(P) Attempt to commit, or conspiracy to commit any of the 
     offenses referred to in subparagraphs (A) through (O).
       ``(5) Alternative arrangements.--Notwithstanding paragraph 
     (1), an individual may be employed in a security-sensitive 
     position although that individual would otherwise be 
     disqualified from such employment if the employer establishes 
     alternate security arrangements acceptable to the Secretary.
       ``(6) Appeals process.--The Secretary shall establish an 
     appeals process under this section for individuals found to 
     be ineligible for employment under paragraph (3) that 
     includes notice and an opportunity for a hearing.
       ``(7) Access to databases.--Notwithstanding any other 
     provision of law to the contrary, but subject to existing or 
     new procedural safeguards imposed by the Attorney General, 
     the Secretary is authorized to access the Federal Bureau of 
     Investigation's Integrated Automatic Fingerprinting 
     Identification System, the Fingerprint Identification Record 
     System, the Interstate Identification Index, the National 
     Crime Identification System, and the Integrated Entry and 
     Exit Data System for the purpose of conducting or verifying 
     the results of any background investigation or criminal 
     records check required by this subsection.
       ``(8) Restrictions on use and maintenance of information.--
       ``(A) Secretary may give results of investigation to 
     employers.--The Secretary may transmit the results of a 
     background check or criminal records check to a port 
     authority, marine terminal operator, or other entity the 
     Secretary determines necessary for carrying out the 
     requirements of this subsection.
       ``(B) FOIA not to apply.--Information obtained by the 
     Secretary under this subsection may not be made available to 
     the public under section 552 of title 5, United States Code.
       ``(C) Confidentiality.--Except to the extent necessary to 
     carry out this subsection, any information other than 
     criminal acts or offenses constituting grounds for 
     ineligibility for employment under paragraph (3) shall be 
     maintained confidentially by the Secretary and may be used 
     only for making determinations under this section.
       ``(9) Effectiveness audits.--The Secretary shall provide 
     for the periodic audit of the effectiveness of employment 
     investigations and criminal history record checks required by 
     this subsection.
       ``(10) User fees.--
       ``(A) In general.--The Secretary and the Attorney General 
     shall establish and collect reasonable fees to pay expenses 
     incurred by the Federal government in carrying out any 
     investigation, criminal history record check, fingerprinting, 
     or identification verification services provided for under 
     this subsection.
       ``(B) Deposit of amount received.--Amounts received by the 
     Attorney General or Secretary under this section shall be 
     credited to the account in the Treasury from which the 
     expenses were incurred as offsetting collections and shall be 
     available to the Attorney General and the Secretary upon the 
     approval of Congress.
       ``(11) Subsection not in derogation of other authority.--
     Nothing in this subsection restricts any agency, 
     instrumentality, or department of the United States from 
     exercising, or limits its authority to exercise, any other 
     statutory or regulatory authority to initiate or enforce port 
     security standards.''.

     SEC. 107. MARITIME DOMAIN AWARENESS.

       (a) In General.--The Secretary shall conduct a study on 
     ways to enhance maritime domain awareness through improved 
     collection and coordination of maritime intelligence and 
     submit a report on the findings of that study to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure.
       (b) Specific Matters To Be Addressed.--In the study, the 
     Secretary shall--
       (1) identify actions and resources necessary for multi-
     agency cooperative efforts to improve the maritime security 
     of the United States;
       (2) specifically address measures necessary to ensure the 
     effective collection, dissemination, and interpretation of 
     maritime intelligence and data, information resource 
     management and database requirements, architectural measures 
     for cross-agency integration, data sharing, correlation and 
     safeguarding of data, and cooperative analysis to identify 
     and effectively respond to threats to maritime security;
       (3) estimate the potential costs of establishing and 
     operating such a new or linked database and provides 
     recommendations on what agencies should contribute to the 
     cost of its operation;
       (4) evaluate the feasibility of establishing a joint 
     interagency task force on maritime intelligence;
       (5) estimate of potential costs and benefits of utilizing 
     commercial supercomputing platforms and data bases to enhance 
     information collection and analysis capabilities across 
     multiple Federal agencies; and
       (6) provide a suggested time frame for the development of 
     such a system or database.
       (c) Participation of Other Agencies.--The Secretary shall 
     consult with the Director of Central Intelligence, the 
     Secretary of State, the Secretary of the Treasury, the 
     Secretary of Defense, the Attorney General, the Secretary of 
     Agriculture, the Secretary of Commerce, the Secretary of 
     Energy, the Director of the Federal Emergency Management 
     Agency, and the heads of other departments and agencies as 
     necessary and invite their participation in the preparation 
     of the study and report required by subsection (a).
       (d) Deadline.--The Secretary shall submit the report 
     required by subsection (a) within 180 days after the date of 
     enactment of this Act.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $500,000 in fiscal year 
     2002 to carry out this section.

     SEC. 108. INTERNATIONAL PORT SECURITY.

       (a) In General.--Part A of subtitle II of title 46, United 
     States Code, is amended by adding at the end the following:

               ``CHAPTER 25. INTERNATIONAL PORT SECURITY.

``Sec.
``2501. Assessment.
``2502. Notifying foreign authorities.
``2503. Actions when ports not maintaining and carrying out effective 
              security measures.
``2504. Travel advisories concerning security at foreign ports.
``2505. Suspensions.
``2506. Acceptance of contributions; joint venture arrangements.

     ``Sec.  2501. Assessment

       ``(a) In General.--At intervals the Secretary of 
     Transportation considers necessary, the Secretary shall 
     assess the effectiveness of the security measures maintained 
     at--
       ``(1) a foreign port--
       ``(A) served by vessels of the United States;
       ``(B) from which foreign vessels serve the United States; 
     or
       ``(C) that poses a high risk of introducing danger to 
     United States ports and waterways, United States citizens, 
     vessels of the United States or any other United States 
     interests; and
       ``(2) any other foreign port the Secretary considers 
     appropriate.
       ``(b) Procedures and Standards.--The Secretary shall 
     conduct an assessment under subsection (a) of this section--
       ``(1) in consultation with appropriate authorities of the 
     government of the foreign country concerned and operators of 
     vessels of the United States serving the foreign port for 
     which the Secretary is conducting the assessment;
       ``(2) to establish the extent to which a foreign port 
     effectively maintains and carries out internationally 
     recognized security measures; and
       ``(3) by using a standard based on the standards for port 
     security and recommended practices of the International 
     Maritime Organization and other appropriate international 
     organizations.
       ``(c) Consultation.--In carrying out this section, the 
     Secretary shall consult with--
       ``(1) the Secretary of State--
       ``(A) on the terrorist or relevant criminal threat that 
     exists in each country involved; and
       ``(B) identify foreign ports that--
       ``(i) are not under the de facto control of the government 
     of the foreign country in which they are located; and

[[Page 27858]]

       ``(ii) pose a high risk of introducing danger to 
     international maritime commerce; and
       ``(2) the Secretary of the Treasury and coordinate any such 
     assessment with the United States Customs Service.

     ``Sec.  2502. Notifying foreign authorities

       ``(a) Dissemination of Information about the Program.--The 
     Secretary shall work with the Secretary of State to 
     facilitate the dissemination of port security program 
     information to port authorities and marine terminal operators 
     in other countries.
       ``(b) Specific Notifications.--If the Secretary of 
     Transportation, after conducting an assessment under section 
     2501, finds that a port does not maintain and carry out 
     effective security measures, the Secretary, through the 
     Secretary of State, shall notify the appropriate authorities 
     of the government of the foreign country of the finding and 
     recommend the steps necessary to bring the security measures 
     in use at the port up to the standard used by the Secretary 
     of Transportation in making the assessment.

     ``Sec.  2503. Actions when ports not maintaining and carrying 
       out effective security measures

       ``(a) In General.--If the Secretary of Transportation finds 
     that a port does not maintain and carry out effective 
     security measures--
       ``(1) the Secretary shall--
       ``(A) in consultation with the Secretaries of State, 
     Treasury, Agriculture, and the Attorney General, develop 
     measures to protect the safety and security of United States 
     ports from risks related to vessels arriving from a foreign 
     port that does not maintain an acceptable level of security;
       ``(B) publish the identity of the port in the Federal 
     Register;
       ``(C) have the identity of the port posted and displayed 
     prominently at all United States ports at which scheduled 
     passenger carriage is provided regularly to that port; and
       ``(D) require each United States and foreign vessel 
     providing transportation between the United States and the 
     port to provide written notice of the decision, on or with 
     the ticket, to each passenger buying a ticket for 
     transportation between the United States and the port;
       ``(2) the Secretary may, after consultation with the 
     Secretaries of State and of the Treasury, prescribe 
     conditions of port entry into the United States for any 
     vessel arriving from a port determined under this subsection 
     to maintain ineffective security measures, or any vessel 
     carrying cargo originating from or transshipped through such 
     a port, including refusing entry, inspection, or any other 
     condition as the Secretary determines may be necessary to 
     ensure the safety of United States ports and waterways; and
       ``(3) the Secretary may prohibit a United States or foreign 
     vessel from providing transportation between the United 
     States and any other foreign port that is served by vessels 
     navigating to or from a port found not to maintain and carry 
     out effective security measures.
       ``(b) Effective Date for Sanctions.--Any action taken by 
     the Secretary under subsection (a) for a particular port 
     shall take effect--
       ``(1) 90 days after the government of the foreign country 
     with jurisdiction or control of that port is notified under 
     section 2502 unless the Secretary finds that the government 
     has brought the security measures at the port up to the 
     standard the Secretary used in making an assessment under 
     section 2501 before the end of that 90-day period; or
       ``(2) immediately upon the determination of the Secretary 
     under subsection (a) if the Secretary finds, after consulting 
     with the Secretary of State, that a condition exists that 
     threatens the safety or security of passengers, vessels, or 
     crew traveling to or from the port.
       ``(c) State Department To Be Notified.--The Secretary 
     immediately shall notify the Secretary of State of a finding 
     that a port does not maintain and carry out effective 
     security measures so that the Secretary of State may issue a 
     travel advisory.
       ``(d) Congressional Notification Required.--The Secretary 
     promptly shall submit to Congress a report (and classified 
     annex if necessary) identifying any port that the Secretary 
     finds does not maintain and carry out effective security 
     measures and describe any action taken under this section 
     with regard to that port.
       ``(e) Action Canceled.--An action required under this 
     section is no longer required if the Secretary, in 
     consultation with the Secretary of State, decides that 
     effective security measures are maintained and carried out at 
     the port. The Secretary shall notify Congress when the action 
     is no longer required.

     ``Sec.  2504. Travel advisories concerning security at 
       foreign ports

       ``(a) In General.--Upon being notified by the Secretary of 
     Transportation that the Secretary has determined that a 
     condition exists that threatens the safety or security of 
     passengers, passenger vessels, or crew traveling to or from a 
     foreign port which the Secretary has determined under this 
     chapter to be a port which does not maintain and administer 
     effective security measures, the Secretary of State shall 
     immediately issue a travel advisory with respect to the port. 
     The Secretary of State shall take the necessary steps to 
     publicize the travel advisory widely.
       ``(b) When Travel Advisory May Be Canceled.--The travel 
     advisory required to be issued under subsection (a) of this 
     section may be lifted only if the Secretary of 
     Transportation, in consultation with the Secretary of State, 
     has determined that effective security measures are 
     maintained and administered at the port with respect to which 
     the Secretary of Transportation had made the determination.
       ``(c) Congressional Notification.--The Secretary of State 
     shall immediately notify Congress of any change in the status 
     of a travel advisory imposed pursuant to this section.

     ``Sec.  2505. Suspensions

       ``(a) In General.--The President, without prior notice or a 
     hearing, shall suspend the right of any vessel of the United 
     States, and the right of a person to trade with the United 
     States, to provide foreign sea transportation, and the right 
     of a person to operate vessels in foreign sea commerce, to or 
     from a foreign port, if the President finds that--
       ``(1) a condition exists that threatens the safety or 
     security of passengers, vessels, or crew traveling to or from 
     that port; and
       ``(2) the public interest requires an immediate suspension 
     of trade between the United States and that port.
       ``(b) Denial of Entry.--If a person operates a vessel in 
     violation of this section, the President may deny the vessels 
     of that person entry to United States ports.
       ``(c) Penalty for Violation.--A person violating this 
     section is liable to the United States Government for a civil 
     penalty of not more than $50,000. Each day a vessel utilizes 
     a prohibited port shall be a separate violation of this 
     section.

     ``Sec.  2506. Acceptance of contributions; joint venture 
       arrangements

       ``In carrying out responsibilities under this chapter, the 
     Secretary may accept contributions of funds, material, 
     services, and the use of personnel and facilities from public 
     and private entities by contract or other arrangement if the 
     confidentiality of security-sensitive information is 
     maintained and access to such information is limited 
     appropriately. The Secretary shall deposit any funds accepted 
     under this section as miscellaneous receipts in the general 
     fund of the United States Treasury.''.
       (b) Conforming Amendment.--The table of chapters at the 
     beginning of subtitle II of title 46, United States Code, is 
     amended by inserting the following new item in part A after 
     the item for chapter 23:

``25. International Port Security...............................2501''.
       (c) Repeals.--Sections 902, 905, 907, 908, 909, 910, 911, 
     912, and 913 of the International Maritime and Port Security 
     Act (46 U.S.C. App. 1801, 1802, 1803, 1804, 1805, 1806, 1807, 
     1808, and 1809), are repealed.
       (d) Foreign-flag Vessels.--Within 6 months after the date 
     of enactment of this Act and every year thereafter, the 
     Secretary, in consultation with the Secretary of State, shall 
     provide a report to the Committees on Commerce, Science, and 
     Transportation and Foreign Relations of the Senate, and the 
     Committees on Transportation and Infrastructure and 
     International Relations of the House of Representatives that 
     lists the following information:
       (1) A list of all nations whose flag vessels have entered 
     United States ports in the previous year.
       (2) Of the nations on that list, a separate list of those 
     nations--
       (A) whose registered flag vessels appear as Priority III or 
     higher on the Boarding Priority Matrix maintained by the 
     Coast Guard;
       (B) that have presented, or whose flag vessels have 
     presented, false, intentionally incomplete, or fraudulent 
     information to the United States concerning passenger or 
     cargo manifests, crew identity or qualifications, or 
     registration or classification of their flag vessels;
       (C) whose vessel registration or classification procedures 
     have been found by the Secretary to be noncompliant with 
     international classifications or do not exercise adequate 
     control over safety and security concerns; or
       (D) whose laws or regulations are not sufficient to allow 
     tracking of ownership and registration histories of 
     registered flag vessels.
       (3) Actions taken by the United States, whether through 
     domestic action or international negotiation, including 
     agreements at the International Maritime Organization under 
     section 902 of the International Maritime and Port Security 
     Act (46 U.S.C. App. 1801), to improve transparency and 
     security of vessel registration procedures in nations on the 
     list under paragraph (2).
       (4) Recommendations for legislative or other actions needed 
     to improve security of United States ports against potential 
     threats posed by flag vessels of nations named in paragraph 
     (2).

     SEC. 109. COUNTER-TERRORISM AND INCIDENT CONTINGENCY PLANS.

       (a) In General.--The Secretary, in coordination with the 
     Director of the Federal Bureau of Investigation, shall ensure 
     that all area maritime counter-terrorism and incident 
     contingency plans are reviewed, revised, and updated no less 
     frequently than once every 3 years.

[[Page 27859]]

       (b) Local Port Security Committees.--The Secretary shall 
     ensure that port security committees established under 
     section 7(f) of the Ports and Maritime Safety Act (33 U.S.C. 
     2116(f)) are involved in the review, revision, and updating 
     of the plans.
       (c) Simulation Exercises.--The Secretary shall ensure 
     that--
       (1) simulation exercises are conducted annually for all 
     such plans; and
       (2) actual practice drills and exercises are conducted at 
     least once every 3 years.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $1,000,000 for each of 
     fiscal years 2002 through 2006 to carry out this section, 
     such sums to remain available until expended.

     SEC. 110. MARITIME SECURITY PROFESSIONAL TRAINING.

       (a) In General.--
       (1) Development of standards.--Not later than 6 months 
     after the date of enactment of this Act, the Secretary of 
     Transportation shall develop standards and curriculum to 
     allow for the training and certification of maritime security 
     professionals. In developing these standards and curriculum, 
     the Secretary shall consult with the National Maritime 
     Security Advisory Committee established under section 7(d) of 
     the Ports and Maritime Safety Act (33 U.S.C. 2116(d)).
       (2) Secretary To consult on standards.--In developing 
     standards under this section, the Secretary may, without 
     regard to the Federal Advisory Committee Act (5 U.S.C. App.), 
     consult with the Federal Law Enforcement Training Center, the 
     United States Merchant Marine Academy's Global Maritime and 
     Transportation School, the Maritime Security Council, the 
     International Association of Airport and Port Police, the 
     National Cargo Security Council, and any other Federal, 
     State, or local government or law enforcement agency or 
     private organization or individual determined by the 
     Secretary to have pertinent expertise.
       (b) Minimum Standards.--The standards established by the 
     Secretary under subsection (a) shall include the following 
     elements:
       (1) The training and certification of maritime security 
     professionals in accordance with accepted law enforcement and 
     security guidelines, policies, and procedures, including, as 
     appropriate, recommendations for incorporating a background 
     check process for personnel trained and certified in foreign 
     ports.
       (2) The training of students and instructors in all aspects 
     of prevention, detection, investigation, and reporting of 
     criminal activities in the international maritime 
     environment.
       (3) The provision of off-site training and certification 
     courses and certified personnel at United States and foreign 
     ports used by United States-flagged vessels, or by foreign-
     flagged vessels with United States citizens as passengers or 
     crewmembers, to develop and enhance security awareness and 
     practices.
       (c) Training Provided to Law Enforcement and Security 
     Personnel.--The Secretary is authorized to make the training 
     opportunities provided under this section available to any 
     Federal, State, local, and private law enforcement or 
     maritime security personnel in the United States or in 
     foreign ports used by United States-flagged vessels with 
     United States citizens as passengers or crewmembers.
       (d) Use of Contract Resources.--The Secretary shall employ 
     existing Federal and contract resources to train and certify 
     maritime security professionals in accordance with the 
     standards and curriculum developed under this Act.
       (e) Annual Report.--The Secretary shall transmit an annual 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on the expenditure of 
     appropriated funds and the training under this section.
       (f) Funding.--Of the amounts made available under section 
     122(b), there may be made available to the Secretary to carry 
     out this section--
       (1) $2,500,000 for each of fiscal years 2003 and 2004, and
       (2) $3,000,000 for each of fiscal years 2005 and 2006,
     such sums to remain available until expended.
       (g) Authorization of Appropriations--There are authorized 
     to be appropriated to the Secretary to carry out this 
     section--
       (1) $5,500,000 for fiscal year 2002;
       (2) $3,000,000 for each of fiscal years 2003 and 2004; and
       (3) $2,500,000 for each of fiscal years 2005 and 2006.

     SEC. 111. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.

       (a) In General.--The Merchant Marine Act, 1936 (46 U.S.C. 
     App. 1101 et seq.) is amended by adding at the end the 
     following:

         ``TITLE XIV--PORT SECURITY INFRASTRUCTURE IMPROVEMENT

     ``SEC. 1401. LOAN GUARANTEES FOR PORT SECURITY INFRASTRUCTURE 
                   IMPROVEMENTS.

       ``(a) In General.--The Secretary of Transportation, subject 
     to the terms the Secretary shall prescribe and after 
     consultation with the United States Coast Guard, the United 
     States Customs Service, and the National Maritime Security 
     Advisory Committee established under section 102 of the Port 
     and Maritime Security Act of 2001, may guarantee or make a 
     commitment to guarantee the payment of the principal of, and 
     the interest on, an obligation for port security 
     infrastructure improvements for an eligible project at any 
     United States port.
       ``(b) Limitations.--Guarantees or commitments to guarantee 
     under this section are subject to the extent applicable to 
     all the laws, requirements, regulations, and procedures that 
     apply to guarantees or commitments to guarantee made under 
     title XI, except that--
       ``(1) guarantees or commitments to guarantee made under 
     this section are eligible for not more than 87.5 percent of 
     the actual cost of the security infrastructure improvement;
       ``(2) notwithstanding section 1104A(d), determination of 
     economic soundness for a security infrastructure project 
     shall be based upon the economic soundness of the applicant 
     and not the project;
       ``(3) guarantees or commitments to guarantee may be made 
     under this section to persons who are not citizens of the 
     United States as defined in section 2 of the Shipping Act, 
     1916 (46 U.S.C. App. 802).
       ``(c) Transfer of Funds.--The Secretary may accept the 
     transfer of funds from any other department, agency, or 
     instrumentality of the United States Government and may use 
     those funds to cover the cost (as defined in section 502 of 
     the Federal Credit Reform Act of 1990 (2 U.S.C. 61a)) of 
     making guarantees or commitments to guarantee loans entered 
     into under this section.
       ``(d) Eligible Projects.--A project is eligible for a loan 
     guarantee or commitment under subsection (a) if it is for the 
     construction or acquisition of new security infrastructure 
     that is--
       ``(1) equipment or facilities to be used for port security 
     monitoring and recording;
       ``(2) security gates and fencing;
       ``(3) security-related lighting systems;
       ``(4) remote surveillance systems;
       ``(5) concealed video systems; or
       ``(6) other security infrastructure or equipment that 
     contributes to the overall security of passengers, cargo, or 
     crewmembers.

     ``SEC. 1402. GRANTS.

       ``(a) Financial Assistance.--The Secretary may provide 
     financial assistance for eligible projects (within the 
     meaning of section 1401(d).
       ``(b) Matching Requirements.--
       ``(1) 75-percent federal funding.--Except as provided in 
     paragraph (2), Federal funds for any eligible project under 
     this section shall not exceed 75 percent of the total cost of 
     such project.
       ``(2) Exceptions.--
       ``(A) Small projects.--There are no matching requirements 
     for grants under subsection (a) for projects costing not more 
     than $25,000.
       ``(B) Higher level of support required.--If the Secretary 
     determines that a proposed project merits support and cannot 
     be undertaken without a higher rate of Federal support, then 
     the Secretary may approve grants under this section with a 
     matching requirement other than that specified in paragraph 
     (1).
       ``(c) Allocation.--The Secretary shall ensure that 
     financial assistance provided under subsection (a) during a 
     fiscal year is distributed so that funds are awarded for 
     eligible projects that address emerging priorities or threats 
     identified by the National Maritime Security Advisory 
     Committee established under section 7(d) of the Ports and 
     Waterways Safety Act (33 U.S.C. 1226(d)).
       ``(d) Project Proposals.--Each proposal for a grant under 
     this section shall include the following:
       ``(1) The name of the individual or entity responsible for 
     conducting the project.
       ``(2) A comprehensive description of the need for the 
     project, and a statement of the project's relationship to the 
     security plan.
       ``(3) A description of the qualifications of the 
     individuals who will conduct the project.
       ``(4) An estimate of the funds and time required to 
     complete the project.
       ``(5) Evidence of support of the project by appropriate 
     representatives of States or territories of the United States 
     or other government jurisdictions in which the project will 
     be conducted.
       ``(6) Information regarding the source and amount of 
     matching funding available to the applicant, as appropriate.
       ``(7) Any other information the Secretary considers to be 
     necessary for evaluating the eligibility of the project for 
     funding under this title.

     ``SEC. 1403. ALLOCATION OF RESOURCES.

       ``In carrying out this title, the Secretary may ensure that 
     not less than $2,000,000 in loans and loan guarantees under 
     section 1401, and not less than $6,000,000 in grants under 
     section 1402, are made available for eligible projects (as 
     defined in section 1401(d)) located in any State to which 
     reference is made by name in section 607 of this Act during 
     each of the fiscal years 2002 through 2006.''.
       (b) Annual Accounting.--The Secretary of Transportation 
     shall submit an annual summary of loan guarantees and 
     commitments to make loan guarantees under section 1401

[[Page 27860]]

     of the Merchant Marine Act, 1936, and grants made under 
     section 1402 of that Act, to the Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure and the 
     Advisory Committee through appropriate media of 
     communication, including the Internet.
       (c) Funding.--Of amounts made available under section 
     122(b), there may be made available to the Secretary of 
     Transportation--
       (1) $9,000,000 for each of the fiscal years 2003, 2004, 
     2005, and 2006 as guaranteed loan costs (as defined in 
     section 502(5) of the Federal Credit Reform Act of 1990; 2 
     U.S.C. 661a(5)) under section 1401 of the Merchant Marine 
     Act, 1936,
       (2) $10,000,000 for each of such fiscal years for grants 
     under section 1402 of the Merchant Marine Act, 1936, and
       (3) $1,000,000 for each such fiscal year to cover 
     administrative expenses related to loan guarantees under 
     section 1401 of the Merchant Marine Act, 1936, and grants 
     under section 1402 of that Act,

     such amounts to remain available until expended.
       (d) Additional Appropriations Authorized.--In addition to 
     the amounts made available under subsection (c)(2), there are 
     authorized to be appropriated to the Secretary of 
     Transportation--
       (1) $26,000,000 for each of fiscal years 2002 through 2006 
     to the Secretary as guaranteed loan costs (as defined in 
     section 502(5) of the Federal Credit Reform Act of 1990; 2 
     U.S.C. 661a(5)) under section 1401 of the Merchant Marine 
     Act, 1936;
       (2) $70,000,000 for each of fiscal years 2002 through 2006 
     to the Secretary for grants under section 1402 of the 
     Merchant Marine Act, 1936; and
       (3) $4,000,000 for each of fiscal years 2002 through 2006 
     to the Secretary to cover administrative expenses related to 
     loan guarantees and grants under paragraphs (8) and (9),

     such sums to remain available until expended.

     SEC. 112. SCREENING AND DETECTION EQUIPMENT.

       (a) Funding.--Of amounts made available under section 
     122(b), there may be made available to the Commissioner of 
     Customs for the purchase of nonintrusive screening and 
     detection equipment for use at United States ports--
       (1) $15,000,000 for fiscal year 2003,
       (2) $16,000,000 for fiscal year 2004,
       (3) $18,000,000 for fiscal year 2005, and
       (4) $19,000,000 for fiscal year 2006,
     such sums to remain available until expended.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commissioner $20,000,000 for each 
     of fiscal years 2002 through 2006 to the Commissioner of 
     Customs for the purchase of non-intrusive screening and 
     detection equipment for use at United States ports, such sums 
     to remain available until expended.
       (c) Funding for Fiscal Year 2002.--There are authorized to 
     be appropriated $145,000,000 for the United States Customs 
     Service for fiscal year 2002 for 1,200 new customs inspector 
     positions, 300 new customs agent positions, and other 
     necessary port security positions, and for purchase and 
     support of equipment (including camera systems for docks and 
     vehicle-mounted computers), canine enforcement for port 
     security, and to update computer systems to help improve 
     customs reporting procedures.

     SEC. 113. REVISION OF PORT SECURITY PLANNING GUIDE.

       The Secretary of Transportation, acting through the 
     Maritime Administration and after consultation with the 
     Advisory Committee and the United States Coast Guard, shall 
     publish a revised version of the document entitled ``Port 
     Security: A National Planning Guide'', incorporating the 
     requirements promulgated under section 7(g) of the Ports and 
     Waterways Security Act (33 U.S.C. 2116(g)), within 3 years 
     after the date of enactment of this Act, and make that 
     revised document available on the Internet.

     SEC. 114. SHARED DOCKSIDE INSPECTION FACILITIES.

       (a) In General.--The Secretary of the Treasury, the 
     Secretary of Agriculture, the Secretary of Transportation, 
     the Attorney General, and the Administrator of the General 
     Services Administration shall work with each other, the 
     Advisory Committee, and the States to establish shared 
     dockside inspection facilities at United States ports for 
     Federal and State agencies.
       (b) Funding.--Of the amounts made available under section 
     122(b), there may be made available to the Secretary of the 
     Transportation, $1,000,000 for each of fiscal years 2003, 
     2004, 2005, and 2006, such sums to remain available until 
     expended, to establish shared dockside inspection facilities 
     at United States ports in consultation with the Secretary of 
     the Treasury, the Secretary of Agriculture, and the Attorney 
     General.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation 
     $1,000,000 for fiscal year 2002 to establish shared dockside 
     inspection facilities at United States ports in consultation 
     with the Secretary of the Treasury, the Secretary of 
     Agriculture, and the Attorney General.

     SEC. 115. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO 
                   AND PASSENGERS AND OTHER IMPROVED CUSTOMS 
                   REPORTING PROCEDURES.

       (a) Cargo Information.--
       (1) In general.--Section 431(b) of the Tariff Act of 1930 
     (19 U.S.C. 1431(b)) is amended--
       (A) by striking ``Any manifest'' and inserting ``(1) Any 
     manifest''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) In addition to any other requirement under this 
     section, for every land, air, or vessel carrier required to 
     make entry or obtain clearance under the customs laws of the 
     United States, the pilot, master, operator, or owner of such 
     carrier (or the authorized agent of such owner or operator) 
     shall provide by electronic transmission cargo manifest 
     information described in subparagraph (B) in advance of such 
     entry or clearance in such manner, time, and form as the 
     Secretary shall prescribe. The Secretary may exclude any 
     class of land, aircraft, or vessel for which he concludes the 
     requirements of this subparagraph are not necessary.
       ``(B) The information described in this subparagraph is as 
     follows:
       ``(i) The port of arrival or departure, whichever is 
     applicable.
       ``(ii) The carrier code, prefix code, or both.
       ``(iii) The flight, voyage, or trip number.
       ``(iv) The date of scheduled arrival or date of scheduled 
     departure, as the case may be.
       ``(v) The request for permit to proceed to the destination, 
     if applicable.
       ``(vi) The numbers and quantities from the carrier's master 
     air waybill, bills of lading, or ocean bills of lading.
       ``(vii) The first port of lading of the cargo.
       ``(viii) A description and weight of the cargo or, for a 
     sealed container, the shipper's declared description and 
     weight of the cargo.
       ``(ix) The shippers name and address from all air waybills 
     and bills of lading.
       ``(x) The consignee's name and address from all air 
     waybills and bills of lading.
       ``(xi) Notice that actual boarded quantities are not equal 
     to air waybill or bills of lading quantities, except that a 
     carrier is not required by this clause to verify boarded 
     quantities of cargo in sealed containers.
       ``(xii) Transfer or transit information for the cargo while 
     it has been under the control of the carrier.
       ``(xiii) Warehouse or other location of the cargo while it 
     has been under the control of the carrier.
       ``(xiv) Any additional information that the Secretary by 
     regulation determines is reasonably necessary to ensure 
     aviation, maritime, and surface transportation safety 
     pursuant to those laws enforced and administered by the 
     Customs Service.
       ``(3) The Secretary by regulation shall require nonvessel 
     operating common carriers to meet the requirements of 
     subparagraphs (A) and (B).''.
       (2) Conforming amendments.--Subparagraphs (A) and (C) of 
     section 431(d)(1) of such Act are each amended by inserting 
     ``or subsection (b)(2)'' before the semicolon.
       (b) Documentation of Cargo.--Part II of title IV of the 
     Tariff Act of 1930 is amended by inserting after section 431 
     the following new section:

     ``SEC. 431A. DOCUMENTATION OF WATERBORNE CARGO.

       ``(a) Applicability.--This section shall apply to all cargo 
     to be exported moving by a vessel common carrier from a port 
     in the United States.
       ``(b) Documentation Required.--(1) No shipper of cargo 
     subject to this section (including an ocean transportation 
     intermediary that is a nonvessel-operating common carrier (as 
     defined in section 3(17)(B) of the Shipping Act of 1984 (46 
     U.S.C. App. 1702(17)(B)) may tender or cause to be tendered 
     to a vessel common carrier cargo subject to this section for 
     loading on a vessel in a United States port, unless such 
     cargo is properly documented pursuant to this subsection.
       ``(2) For the purposes of this subsection, cargo shall be 
     considered properly documented if the shipper submits to the 
     vessel common carrier or its agent a complete set of shipping 
     documents no later than 24 hours after the cargo is delivered 
     to the marine terminal operator.
       ``(3) A complete set of shipping documents shall include--
       ``(A) for shipments for which a shipper's export 
     declaration is required a copy of the export declaration or, 
     if the shipper files such declarations electronically in the 
     Automated Export system, the complete bill of lading, and the 
     master or equivalent shipping instructions including the 
     shipper's Automated Export System instructions; or
       ``(B) for those shipments for which a shipper's export 
     declaration is not required, such other documents or 
     information as the Secretary may by regulation prescribe.
       ``(4) The Secretary shall by regulation prescribe the time, 
     manner, and form by which shippers shall transmit documents 
     or information required under this subsection to the Customs 
     Service.
       ``(c) Loading Undocumented Cargo Prohibited.--
       ``(1) No marine terminal operator (as defined in section 
     3(14) of the Shipping Act of

[[Page 27861]]

     1984 (46 U.S.C. App. 1702(14))) may load, or cause to be 
     loaded, any cargo subject to this section on a vessel unless 
     instructed by the vessel common carrier operating the vessel 
     that such cargo has been properly documented in accordance 
     with this section.
       ``(2) When cargo is booked by one vessel common carrier to 
     be transported on the vessel of another vessel common 
     carrier, the booking carrier shall notify the operator of the 
     vessel that the cargo has been properly documented in 
     accordance with this section. The operator of the vessel may 
     rely on such notification in releasing the cargo for loading 
     aboard the vessel.
       ``(d) Reporting of Undocumented Cargo.--A vessel common 
     carrier shall notify the United States Customs Service of any 
     cargo tendered to such carrier that is not properly 
     documented pursuant to this section and that has remained in 
     the marine terminal for more than 48 hours after being 
     delivered to the marine terminal, and the location of the 
     cargo in the marine terminal. For vessel common carriers that 
     are members of vessel sharing agreements (or any other 
     arrangement whereby a carrier moves cargo on another 
     carrier's vessel), the vessel common carrier accepting the 
     booking shall be responsible for reporting undocumented 
     cargo, without regard to whether it operates the vessel on 
     which the transportation is to be made.
       ``(e) Assessment of Penalties.--Whoever violates subsection 
     (b) of this section shall be liable to the United States for 
     civil penalties in a monetary amount up to the value of the 
     cargo, or the actual cost of the transportation, whichever is 
     greater.
       ``(f) Seizure of Undocumented Cargo.--
       ``(1) Any cargo that is not properly documented pursuant to 
     this section and has remained in the marine terminal for more 
     than 48 hours after being delivered to the marine terminal 
     operator shall be subject to search, seizure, and forfeiture.
       ``(2) The shipper of any such cargo is liable to the marine 
     terminal operator and to the ocean carrier for demurrage and 
     other applicable charges for any undocumented cargo which has 
     been notified to or searched or seized by the Customs Service 
     for the entire period the cargo remains under the order and 
     direction of the Customs Service. The marine terminal 
     operator and the ocean carrier shall have a lien on the cargo 
     for the amount of the demurrage and other charges.
       ``(g) Effect on Other Provisions.--Nothing in this section 
     shall be construed, interpreted, or applied to relieve or 
     excuse any party from compliance with any obligation or 
     requirement arising under any other law, regulation, or order 
     with regard to the documentation or carriage of cargo.''.
       (c) Passenger Information.--Part II of title IV of the 
     Tariff Act of 1930, as amended by subsection (b), is further 
     amended by inserting after section 431A the following new 
     section:

     ``SEC. 431B. PASSENGER AND CREW MANIFEST INFORMATLON REQUIRED 
                   FOR CARRIERS.

       ``(a) In General.--For each person arriving or departing on 
     an air or land carrier or vessel required to make entry or 
     obtain clearance under the customs laws of the United States, 
     the pilot, master, operator, or owner of such carrier (or the 
     authorized agent of such owner or operator) shall provide by 
     electronic transmission manifest information described in 
     subsection (b) in advance of such entry or clearance in such 
     manner, time, and form as the Secretary shall prescribe.
       ``(b) Information Described.--The information described in 
     this subsection shall include for each person:
       ``(1) Full name.
       ``(2) Date of birth and citizenship.
       ``(3) Gender.
       ``(4) Passport number and country of issuance.
       ``(5) United States visa number or resident alien card 
     number, as applicable.
       ``(6) Passenger name record.
       ``(7) Such additional information that the Secretary, by 
     regulation, determines is reasonably necessary to ensure 
     aviation and maritime safety pursuant to the laws enforced or 
     administered by the Customs Service.''.
       (d) Definition.--Section 401 of the Tariff Act of 1930 is 
     amended by adding at the end the following new subsections:
       ``(t) Land Air And Vessel Carrier.--The terms `land 
     carrier', `air carrier', and `vessel carrier' mean a carrier 
     that transports by land, air, or water, respectively, goods 
     or passengers for payment or other consideration, including 
     money or services rendered.
       ``(u) Vessel Common Carrier.--The term `vessel common 
     carrier' has the meaning given the term `ocean common 
     carrier' in section 3(16) of the Shipping Act of 1984 (46 
     U.S.C. App. 1702(16)) and the term `common carrier by water 
     in interstate commerce' as defined in section 1 of the 
     Shipping Act, 1916 (46 U.S.C. App. 801).''.
       (e) Other Requirements for Improved Reporting Procedures.--
     In addition to the promulgation of manifesting information, 
     the United States Customs Service shall improve reporting of 
     goods arriving at United States ports--
       (1) by promulgating regulations to require, notwithstanding 
     sections 552 and 553 of the Tariff Act of 1930 (19 U.S.C. 
     1552 and 1553), at such times as Customs may require prior to 
     the arrival of an in-bond movement of goods at the initial 
     port of unlading, that--
       (A) information shall be filed electronically identifying 
     the consignor, consignee, country of origin, and the 
     Harmonized Tariff Schedule of the United States 6-digit 
     classification of the goods; and
       (B) such information shall be to the best of the filer's 
     knowledge, and shall not be considered the entry for the 
     goods under section 484 of that Act (19 U.S.C. 1484) or 
     subject to section 592 or 595a of that Act (19 U.S.C. 1592 or 
     1595a); and
       (2) by distributing the information reported under the 
     regulations promulgated under paragraph (1) or section 
     431(b)(2), 431A, or 431B of the Tariff Act of 1930 on a real-
     time basis to any Federal, State, or local government agency 
     that has a regulatory or law-enforcement interest in the 
     goods.
       (f) Effective Date.--The amendments made by subsections (a) 
     through (d) of this section shall take effect 45 days after 
     the date of enactment of this Act.
       (g) Pilot Program for Pre-clearing Inbound Shipments of 
     Waterborne Cargo.--
       (1) In general.--If the Commissioner of Customs determines 
     that information from a pilot program for inspecting, 
     monitoring, tracking, and pre-clearing inbound shipments of 
     waterborne cargo would improve the security and safety of 
     ports, the Commissioner may develop and implement such a 
     pilot program.
       (2) Program Characteristics.--
       (A) In general.--Any such pilot program shall--
       (i) take into account, and may be organized on the basis 
     of, prearrival information that commercial vessels entering 
     the territorial waters of the United States or destined for 
     United States ports are required to transmit under section 
     431 of the Tariff Act of 1930 (19 U.S.C. 1431) and the Ports 
     and Waterways Safety Act (33 U.S.C. 1221 et seq.); and
       (ii) be designed to meet the requirements of United States 
     customs laws and other laws regulating the importation of 
     goods into the United States and to accommodate mechanisms 
     for the collection of applicable duties upon entry or removal 
     from warehouse of such goods.
       (B) Customs clearance waiver.--The Commissioner may grant a 
     waiver of any United States Customs Service post-arrival 
     clearance requirement for goods inspected, monitored for 
     security and integrity in transit, tracked, and pre-cleared 
     under any such pilot program.
       (3) Consultation with other interested agencies.--In 
     developing and implementing a pilot program under paragraph 
     (1) the Commissioner of Customs shall consult with 
     representatives of other Federal agencies with 
     responsibilities related to the entry of commercial goods 
     into the United States to ensure that those agencies' 
     missions are not compromised by the pre-clearance.
       (4) Pilot program to be tested at multiple ports.--Any such 
     pilot program developed and implemented by the Commissioner 
     may be conducted at several different ports in a manner that 
     permits analysis and evaluation of different technologies and 
     takes into account different kinds of goods and ports with 
     different harbor, infrastructure, climatic, geographical, and 
     other characteristics.
       (5) Report to the congress.--Within a year after a pilot 
     program is implemented under paragraph (1), the Commissioner 
     of Customs shall transmit a report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure that--
       (A) evaluates the pilot program and its components;
       (B) states the Commissioner's view as to whether any 
     procedure, system, or technology evaluated as part of the 
     program offers a higher level of security than requiring 
     imported goods to clear customs under existing procedures;
       (C) states the Commissioner's view as to the integrity of 
     the procedures, technology, or systems evaluated as part of 
     the pilot program;
       (D) makes a recommendation with respect to whether the 
     pilot program, or any procedure, system, or technology should 
     be incorporated in a nationwide system for preclearance of 
     imports of waterborne goods;
       (E) describes the impact of the pilot program on staffing 
     levels at the Customs Service and the potential effect full 
     implementation of the program on a nationwide basis would 
     have on Customs Service staffing level; and
       (F) states the Commissioner's views as to whether there is 
     a method by which the United States could validate foreign 
     ports so that cargo from those ports is pre-approved for 
     United States Custom Service purposes on arrival at United 
     States ports.

     SEC. 116. PRE-ARRIVAL MESSAGES FROM VESSELS DESTINED TO 
                   UNITED STATES PORTS.

       The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) 
     is amended--
       (1) by striking ``environment'' in section 2(a) (33 U.S.C. 
     1221(a)) and inserting ``environment, and the safety and 
     security of United States ports and waterways,'';

[[Page 27862]]

       (2) by striking paragraph (5) of section 4(a) (33 U.S.C. 
     1223(a)) and inserting the following:
       ``(5) require--
       ``(A) the receipt of pre-arrival messages from any vessel 
     destined for a port or place subject to the jurisdiction of 
     the United States;
       ``(B) the message to include any information the Secretary 
     determines to be necessary for the control of the vessel and 
     the safety and security of the port, waterways, facilities, 
     vessels, and marine environment; and
       ``(C) the message to be transmitted in electronic form, or 
     otherwise as determined by the Secretary, in sufficient time 
     to permit review before the vessel's entry into port, and 
     deny port entry to any vessel that fails to comply with the 
     requirements of this paragraph.'';
       (3) by striking ``environment'' in section 5(a) (33 U.S.C. 
     1224(a)) and inserting ``environment, and the safety and 
     security of United States ports and waterways,''; and
       (4) by adding at the end of section 5 (33 U.S.C. 1224) the 
     following:

     ``Nothing in this section interferes with the Secretary's 
     authority to require information under section 4(a)(5) before 
     a vessel's arrival in a port or place subject to the 
     jurisdiction of the United States.''.

     SEC. 117. MARITIME SAFETY AND SECURITY TEAMS.

       (a) In General.--To enhance the domestic maritime security 
     capability of the United States, the Secretary shall 
     establish such maritime safety and security teams as are 
     needed to safeguard the public and protect vessels, harbors, 
     ports, waterfront facilities, and cargo in waters subject to 
     the jurisdiction of the United States from destruction, loss 
     or injury from crime, or sabotage due to terrorist activity, 
     and to respond to such activity in accordance with security 
     plans developed under section 7 of the Ports and Waterways 
     Safety Act (33 U.S.C. 2116).
       (b) Mission.--Each maritime safety and security team shall 
     be trained, equipped and capable of being employed to--
       (1) deter, protect against, and rapidly respond to threats 
     of maritime terrorism;
       (2) enforce moving or fixed safety or security zones 
     established pursuant to law;
       (3) conduct high speed intercepts;
       (4) board, search, and seize any article or thing on a 
     vessel or waterfront facility found to present a risk to the 
     vessel, facility or port;
       (5) rapidly deploy to supplement United States armed forces 
     domestically or overseas;
       (6) respond to criminal or terrorist acts within the port 
     so as to minimize, insofar as possible, the disruption caused 
     by such acts;
       (7) assist with port vulnerability assessments required 
     under this Act; and
       (8) carry out other such missions as are assigned to it in 
     support of the goals of this Act.
       (c) Coordination with Other Agencies.--To the maximum 
     extent feasible, each maritime safety and security team shall 
     coordinate its activities with other Federal, State, and 
     local law enforcement and emergency response agencies.

     SEC. 118. RESEARCH AND DEVELOPMENT FOR CRIME AND TERRORISM 
                   PREVENTION AND DETECTION TECHNOLOGY.

       (a) Grant Program.--
       (1) In general.--The Secretary, in consultation with the 
     Advisory Committee, shall establish a grant program to fund 
     eligible projects for the development, testing, and transfer 
     of technology to enhance security at United States ports with 
     respect to security risks, including--
       (A) explosives or firearms;
       (B) weapons of mass destruction;
       (C) chemical and biological weapons;
       (D) drug and illegal alien smuggling;
       (E) trade fraud; and
       (F) other criminal activity.
       (2) Matching funds required.--The maximum amount of any 
     grant of funds made available under the program to a 
     participant other than a department or agency of the United 
     States for a technology development project may not exceed 75 
     percent of costs of that project.
       (b) Eligible Projects.--A project is eligible for a grant 
     under subsection (a) if it is for the construction, 
     acquisition, testing, or deployment of surveillance equipment 
     and technology capable of preventing or detecting terrorist 
     or other criminal activity as determined by the Secretary.
       (c) Annual Accounting; Dissemination of Information.--The 
     Secretary shall submit an annual summary of grants under 
     subsection (a), together with a general description of the 
     tests and any technology transfers under the program, to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $15,000,000 for each of 
     fiscal years 2002 through 2006, such sums to remain available 
     until expended.

     SEC. 119. EXTENSION OF SEAWARD JURISDICTION.

       (a) Definition of Territorial Waters.--Section 1 of title 
     XIII of the Act of June 15, 1917 (50 U.S.C. 195) is amended--
       (1) by striking ``The term `United States' as used in this 
     Act includes'' and inserting the following:
       ``In this Act:
       ``(a) United States.--The term `United States' includes''; 
     and
       (2) by adding at the end the following:
       ``(b) Territorial Waters.--The term ``territorial waters of 
     the United States'' includes all waters of the territorial 
     sea of the United States as described in Presidential 
     Proclamation 5928 of December 27, 1988.''.
       (b) Civil Penalty for Violation of Act of June 15, 1917.--
     Section 2 of title II of the Act of June 15, 1917 (50 U.S.C. 
     192), is amended--
       (1) by striking ``imprisonment'' in the section heading and 
     inserting ``imprisonment; civil penalties'';
       (2) by inserting ``(a) In General.--'' before ``If'' in the 
     first undesignated paragraph;
       (3) by striking ``(a) If any other'' and inserting ``(b) 
     Application to Others.--If any other''; and
       (4) by adding at the end the following:
       ``(c) Civil Penalty.--
       ``(1) Imposition.--A person who is found, after notice and 
     an opportunity for a hearing, to have violated any rule, 
     regulation or order issued under this Act, or found to have 
     knowingly obstructed or interfered with the exercise of any 
     power conferred by this Act, shall be liable to the United 
     States for a civil penalty, not to exceed $25,000 for each 
     violation. Each day of a continuing violation shall 
     constitute a separate violation. The amount of such civil 
     penalty shall be assessed by the Secretary, or the 
     Secretary's designee, by written notice. In determining the 
     amount of such penalty, the Secretary shall take into account 
     the nature, circumstances, extent and gravity of the 
     prohibited acts committed and, with respect to the violator, 
     the degree of culpability, any history of prior offenses, 
     ability to pay, and such other matters as justice may 
     require.
       ``(2) Compromise, etc.--The Secretary may compromise, 
     modify, or remit, with or without conditions, any civil 
     penalty which is subject to imposition or which has been 
     imposed under this subsection.
       ``(3) Collection.--If a person fails to pay an assessment 
     of a civil penalty after it has become final, the Secretary 
     may refer the matter to the Attorney General of the United 
     States, for collection in any appropriate district court of 
     the United States.''.

     SEC. 120. SUSPENSION OF LIMITATION ON STRENGTH OF COAST 
                   GUARD.

       (a) Personnel End Strengths.--Section 661(a) of title 14, 
     United States Code, is amended by adding at the end the 
     following: ``If at the end of any fiscal year there is in 
     effect a declaration of war or national emergency, the 
     President may defer the effectiveness of any end-strength and 
     grade distribution limitation with respect to that fiscal 
     year prescribed by law for any military or civilian component 
     of the Coast Guard, for a period not to exceed 6 months after 
     the end of the war or termination of the national 
     emergency.''.
       (b) Officers in Coast Guard Reserve.--Section 724 of title 
     14, United States Code, is amended by adding at the end 
     thereof the following:
       ``(c) Deferral of Limitation.--If at the end of any fiscal 
     year there is in effect a declaration of war or national 
     emergency, the President may defer the effectiveness of any 
     end-strength and grade distribution limitation with respect 
     to that fiscal year prescribed by law for any military or 
     civilian component of the Coast Guard Reserve, for a period 
     not to exceed 6 months after the end of the war or 
     termination of the national emergency.''.

     SEC. 121. ADDITIONAL REPORTS.

       (a) Additional Security Needs.--Within 1 year after the 
     date of enactment of this Act, the Secretary shall transmit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on the need for any 
     additional security requirements or measures under this title 
     in order to provide for national security and protect the 
     flow of commerce.
       (b) Annual Status Report to Congress.--
       (1) In general.--Notwithstanding section 7(c) of the Ports 
     and Waterways Safety Act (33 U.S.C. 1226(c)), the Secretary 
     shall report annually to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure on the status 
     of port security in a form that does not compromise, or 
     present a threat to the disclosure of security-sensitive 
     information about, the port security vulnerability 
     assessments conducted under this Act. The report may include 
     recommendations for further improvements in port security 
     measures and for any additional enforcement measures 
     necessary to ensure compliance with the port security plan 
     requirements of this title.
       (2) Specific port evaluation.--The Secretary shall select a 
     port for the purpose of evaluating security plans and 
     enhancements and, in the first annual report under this 
     subsection, the Secretary shall report on the progress and 
     enhancements of security plans at that port and on how this 
     Act has improved security at that port. The Secretary

[[Page 27863]]

     shall provide annual updates for that port in subsequent 
     annual reports.
       (c) Annual Report on Maritime Security and Terrorism.--
     Section 905 of the International Maritime and Port Security 
     Act (46 U.S.C. App. 1802) is amended by adding at the end 
     thereof the following: ``Beginning with the first report 
     submitted under this section after the date of enactment of 
     the Port and Maritime Security Act of 2001, the Secretary 
     shall include a description of activities undertaken under 
     title I of that Act and an analysis of the effect of those 
     activities on port security against acts of terrorism.''.
       (d) Annual Report of Expenditure of Funds for Training of 
     Maritime Security Professionals.--The Secretary shall 
     transmit an annual report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure on the expenditure of appropriated funds and 
     the development of training and certification programs under 
     section 111 of this title.
       (e) Accounting.--The Commissioner of Customs shall submit a 
     report for each of fiscal years 2002 through 2006 to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on the expenditure of funds appropriated 
     pursuant to section 113 of this title.
       (f) Report on Training Center.--The Commandant of the 
     United States Coast Guard, in conjunction with the Secretary 
     of the Navy, shall submit to Congress a report, at the time 
     they submit their fiscal year 2004 budget, on the life cycle 
     costs and benefits of creating a Center for Coastal and 
     Maritime Security. The purpose of the Center would be to 
     provide an integrated training complex to prevent and 
     mitigate terrorist threats against coastal and maritime 
     assets of the United States, including ports, harbors, ships, 
     dams, reservoirs, and transport nodes.

     SEC. 122. 4-YEAR REAUTHORIZATION OF TONNAGE DUTIES.

       (a) In General.--
       (1) Extension of duties.--Section 36 of the Act of August 
     5, 1909 (36 Stat. 111; 46 U.S.C. App. 121), is amended by 
     striking ``through 2002,'' each place it appears and 
     inserting ``through 2006,''.
       (2) Conforming amendment.--The Act entitled ``An Act 
     concerning tonnage duties on vessels entering otherwise than 
     by sea'', approved March 8, 1910 (36 Stat 234; 46 U.S.C. App. 
     132), is amended by striking ``through 2002,'' and inserting 
     ``through 2006,''.
       (b) Availability of Funds.--Amounts deposited in the 
     general fund of the Treasury as receipts of tonnage charges 
     collected as a result of the amendments made by subsection 
     (a) shall be made available, only to the extent provided in 
     advance in appropriations Act, in each of fiscal years 2003 
     through 2006 to carry out this title, as provided in sections 
     102(b), 103(b), 104(b), 110(f), 111(c), 112(a) and 114(b) of 
     this title.
       (c) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     duties collected under section 36 of the Act of August 5, 
     1909 (36 Stat. 111; 46 U.S.C. App. 121) as amended by 
     subsection (a)(1) of this section--
       (1) shall be credited as offsetting collections to the 
     account that finances the activities and services authorized 
     by sections 110, 112, and 114 of this Act, section 7(d), (e), 
     and (f) of the Ports and Waterways Safety Act (33 U.S.C. 
     2116(d), (e), and (f)) (as added by sections 102, 103, and 
     104 of this Act), and sections 1401 and 1402 of the Merchant 
     Marine Act, 1936 (as added by section 111 of this Act);
       (2) shall be available for expenditure only to pay the 
     costs of such activities and services; and
       (3) shall remain available until expended.
       (c) Limitation; Deposit of Fees.--No amounts may be 
     collected under section 36 of the Act of August 5, 1909 (36 
     Stat. 111; 46 U.S.C. App. 121) as amended by subsection 
     (a)(1) of this section, or credited as provided by subsection 
     (b), except to the extent provided in advance in 
     appropriations Acts. Such amounts shall be used in each of 
     fiscal years 2003 through 2006 as provided in sections 
     102(b), 103(b), 104(b), 110(f), 111(c), 112(a) and 114(b) of 
     this title.

     SEC. 123. DEFINITIONS.

       In this title:
       (1) Captain-of-the-Port.--The term ``Captain-of-the-Port'' 
     means the United States Coast Guard's Captain-of-the-Port.
       (2) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Transportation.
       (4) Advisory Committee.--The term ``Advisory Committee'' 
     means the National Maritime Security Advisory Committee 
     established under section 7(d) of the Ports and Waterways 
     Safety Act (33 U.S.C. 1226(d)).
       (5) Marine terminal operator.--The term ``marine terminal 
     operator'' has the meaning given that term in section 
     1702(14) of title 46, United States Code.

   TITLE II--ADDITIONAL MARITIME SAFETY AND SECURITY RELATED MEASURES

     SEC. 201. EXTENSION OF DEEPWATER PORT ACT TO NATURAL GAS.

       The following provisions of the Deepwater Port Act of 1974 
     (33 U.S.C. 1501 et seq.) are each amended by inserting ``or 
     natural gas'' after ``oil'' each place it appears:
       (1) Section 2(a) (33 U.S.C. 1501(a)).
       (2) Section 3(9) (33 U.S.C. 1502(9)).
       (3) Section 4(a) (33 U.S.C. 1503(a)).
       (4) Section 5(c)(2)(G) and (H) (33 U.S.C. 1504(c)(2)(G) and 
     (H)).
       (5) Section 5(i)(2)(B) (33 U.S.C. 1504(i)(2)(B)).
       (6) Section 5(i)(3)(C) (33 U.S.C. 1504 (i)(3)(C)).
       (7) Section 8 (33 U.S.C. 1507).
       (8) Section 21(a) (33 U.S.C. 1520(a)).

     SEC. 202. ASSIGNMENT OF COAST GUARD PERSONNEL AS SEA MARSHALS 
                   AND ENHANCED USE OF OTHER SECURITY PERSONNEL.

       (a) In General.--Section 7(b) of the Ports and Waterways 
     Safety Act (33 U.S.C. 1226(b)) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (1);
       (2) by striking ``terrorism.'' in paragraph (2) and 
     inserting ``terrorism;'' and
       (3) by adding at the end the following:
       ``(3) dispatch properly trained and qualified armed Coast 
     Guard personnel aboard government, private, and commercial 
     structures and vessels to deter, prevent, or respond to acts 
     of terrorism or otherwise provide for the safety and security 
     of the port, waterways, facilities, marine environment, and 
     personnel; and
       ``(4) require the owner and operator of a commercial 
     structure or the owner, operator, charterer, master, or 
     person in charge of a vessel to provide the appropriate level 
     of security as necessary, including armed security.''.
       (b) Report on Use of Non-Coast Guard Personnel.--The 
     Secretary of the department in which the Coast Guard is 
     operating shall evaluate and report to the Congress on--
       (1) the potential use of Federal, State, or local 
     government personnel, and documented United States Merchant 
     Marine personnel, to supplement Coast Guard personnel under 
     section 7(b)(3) of the Ports and Waterways Safety Act (33 
     U.S.C. 1226(b)(3));
       (2) the possibility of using personnel other than Coast 
     Guard personnel to carry out Coast Guard personnel functions 
     under that section and whether additional legal authority 
     would be necessary to use such personnel for such functions; 
     and
       (3) the possibility of utilizing the United States Merchant 
     Marine Academy or State maritime academies to provide 
     training carrying out duties under that section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the department in 
     which the Coast Guard is operating $13,000,000 in each of the 
     fiscal years 2002-2006 to carry out section 7(b) of the Ports 
     and Waterways Safety Act (33 U.S.C. 1226(b)), all such funds 
     to remain available until expended.

     SEC. 203. NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.

       Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
     1226), as amended by section 106 of this Act, is amended by 
     adding at the end the following:
       ``(i) National Maritime Transportation Security Plan.--
       ``(1) In general.--The Secretary, in consultation with 
     appropriate Federal agencies, shall prepare and publish a 
     National Maritime Transportation Security Plan for prevention 
     and response to maritime crime and terrorism. The Secretary 
     shall consult with the National Maritime Security Advisory 
     Committee in preparation of the National Maritime 
     Transportation Security Plan.
       ``(2) Contents of plan.--The Plan shall provide for 
     efficient, coordinated, and effective action to prevent and 
     respond to acts of maritime crime or terrorism, and shall 
     include--
       ``(A) allocation of duties and responsibilities among 
     Federal departments and agencies in coordination with State 
     and local agencies and port authorities;
       ``(B) identification, procurement, maintenance, and storage 
     of equipment and supplies;
       ``(C) procedures and techniques to be employed in 
     preventing and responding to acts of crime or terrorism;
       ``(D) establishment of procedures for effective liaison 
     with State and local governments and emergency responders 
     including law enforcement and fire response;
       ``(E) establishment of criteria and procedures to ensure 
     immediate and effective Federal identification of, and 
     response to, acts of maritime crime or terrorism, that result 
     in a substantial threat to the welfare of the United States;
       ``(F) designation of a Federal official to be the Federal 
     maritime security coordinator for each area for which an area 
     maritime security plan is required to be prepared;
       ``(G) establishment of procedures for the coordination of 
     activities of--
       ``(i) Coast Guard maritime safety and security teams 
     established under this section;
       ``(ii) Federal maritime security coordinators;
       ``(iii) area maritime security committees;
       ``(iv) local port security committees; and
       ``(v) the National Maritime Security Advisory Committee.
       ``(3) Revision authority.--The Secretary may, from time to 
     time, as the Secretary deems advisable, revise or otherwise 
     amend the National Maritime Transportation Security Plan.
       ``(4) Plan To Be Followed.--After publication of the Plan, 
     the planning and response

[[Page 27864]]

     to acts of maritime crime and terrorism shall, to the 
     greatest extent possible, be in accordance with the Plan.
       ``(5) Copy to the Congress.--The Secretary shall furnish a 
     copy of the Plan to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure.''.

     SEC. 204. AREA MARITIME SECURITY COMMITTEES AND AREA MARITIME 
                   SECURITY PLANS.

       Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
     1226), as amended by section 203, is further amended by 
     adding at the end the following:
       ``(j) Area Maritime Security Committees and Area Maritime 
     Security Plans.--
       ``(1) In general.--There is established for each area 
     designated by the Secretary an area maritime security 
     committee comprised of members appointed by the Secretary. 
     The Secretary may designate any existing local port security 
     committee as an area maritime security committee for the 
     purposes of this subsection. The Federal Advisory Committee 
     Act (5 U.S.C. App.) does not apply to an area maritime 
     security committee.
       ``(2) Function.--Each area maritime security committee, 
     under the direction of the Federal maritime security 
     coordinator for its area, shall--
       ``(A) prepare an area maritime security plan for its area; 
     and
       ``(B) work with State and local officials to enhance the 
     contingency planning of those officials and to assure pre-
     planning of joint response efforts, including appropriate 
     procedures for prevention and response to acts of maritime 
     crime or terrorism.
       ``(3) Area maritime security plan requirement.--Each area 
     maritime security committee shall prepare an area maritime 
     security plan for its area and submit it to the Secretary for 
     approval. The area maritime security plan shall--
       ``(A) when implemented in conjunction with the national 
     maritime transportation security plan, be adequate to prevent 
     or rapidly and effectively respond to an act of maritime 
     crime or terrorism in or near the area;
       ``(B) describe the area covered by the plan, including the 
     areas of population or special economic, environmental or 
     national security importance that might be damaged by an act 
     of maritime crime or terrorism;
       ``(C) describe in detail how the plan is integrated with 
     other area maritime security plans, facility security plans, 
     and vessel security plans under this section;
       ``(D) include any other information the Secretary requires; 
     and
       ``(E) be updated periodically by the area maritime security 
     committee.
       ``(4) Review by secretary.--The Secretary shall--
       ``(A) review and approve area maritime security plans under 
     this subsection; and
       ``(B) periodically review previously approved area maritime 
     security plans.''.

     SEC. 205. VESSEL SECURITY PLANS.

       (a) In General.--Section 4(a) of the Ports and Waterways 
     Safety Act (33 U.S.C. 1223(a)) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (4);
       (2) by striking ``environment.'' in paragraph (5) and 
     inserting ``environment; and''; and
       (3) by adding at the end the following:
       ``(6) may issue regulations establishing requirements for 
     vessel security plans and programs for vessels calling on 
     United States ports.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the department in 
     which the Coast Guard is operating $2,000,000 for each of 
     fiscal years 2002 through 2006 to carry out section 4(a)(6) 
     of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)(6)), 
     such sums to remain available until expended.

     SEC. 206. PROTECTION OF SECURITY-RELATED INFORMATION.

       Section 7(c) of the Ports and Waterways Safety Act (33 
     U.S.C. 1226(c)) is amended to read as follows:
       ``(c) Nondisclosure of Information.--Notwithstanding any 
     other provision of law, information developed under this 
     section, and vessel security plan information developed under 
     section 4(a)(6) of this Act (33 USC 1223(a)(6)), is not 
     required to be disclosed to the public. This includes 
     information related to security plans, procedures, or 
     programs for passenger vessels or passenger terminals 
     authorized under this Act, and any other information, 
     including maritime facility security plans, vessel security 
     plans and port vulnerability assessments.''.

     SEC. 207. ENHANCED CARGO IDENTIFICATION AND TRACKING.

       (a) Tracking Program.--The Secretaries of the Treasury and 
     Transportation shall establish a joint task force to work 
     with ocean shippers and ocean carriers in the development of 
     performance standards for systems to track data for 
     shipments, containers, and contents--
       (1) to improve the capacity of shippers and others to limit 
     cargo theft and tampering; and
       (2) to track the movement of cargo, through the Global 
     Positioning System or other systems, within the United 
     States, particularly for in-bond shipments.
       (b) Performance Standards for Anti-tampering Devices.--The 
     Secretaries of the Treasury and Transportation shall work 
     with the National Institutes of Standards and Technology to 
     develop enhanced performance standards for in-bond seals and 
     locks for use on or in containers used for water-borne cargo 
     shipments.

     SEC. 208. ENHANCED CREWMEMBER IDENTIFICATION.

       The Secretary of Transportation, in consultation with the 
     Attorney General, may require crewmembers aboard vessels 
     calling on United States ports to carry and present upon 
     demand such identification as the Secretary determines.
                                  ____

  SA 2691. Mr. REID (for Mr. Allen) proposed an amendment to the bill 
S. 1858, to permit the closed circuit televising of the criminal trial 
of Zacarias Moussaoui for the victims of September 11th; as follows:

       On page 2, line 5, strike ``including'' and insert ``in''.
       On page 2, line 6, after ``San Francisco,'' insert ``and 
     such other locations the trial court determines are 
     reasonably necessary,''.
                                  ____

  SA 2692. Mr. REID (for Mr. Frist (for himself, Mr. Kennedy, and Mr. 
Gregg)) proposed an amendment to the bill H.R. 3448, to improve the 
ability of the United States to prevent, prepare for, and respond to 
bioterrorism and other public health emergencies; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Bioterrorism Preparedness Act of 2001''.
       (b) Table of Contents.--The table of contents of the Act is 
     as follows:

Sec. 1. Short title; table of contents.

         TITLE I--NATIONAL GOALS FOR BIOTERRORISM PREPAREDNESS

Sec. 101. Amendment to the Public Health Service Act.

        TITLE II--IMPROVING THE FEDERAL RESPONSE TO BIOTERRORISM

                   Subtitle A--Additional Authorities

Sec. 201. Additional authorities of the Secretary; Strategic National 
              Pharmaceutical Stockpile.
Sec. 202. Improving the ability of the Centers for Disease Control and 
              Prevention to respond effectively to bioterrorism.

           Subtitle B--Coordination of Efforts and Responses

Sec. 211. Assistant Secretary of Emergency Preparedness; National 
              Disaster Medical System.
Sec. 212. Expanded authority of the Secretary of Health and Human 
              Services to respond to public health emergencies.
Sec. 213. Public health preparedness and response to a bioterrorist 
              attack.
Sec. 214. The official Federal Internet site on bioterrorism.
Sec. 215. Technical amendments.
Sec. 216. Regulation of biological agents and toxins.

           TITLE III--IMPROVING STATE AND LOCAL PREPAREDNESS

 Subtitle A--Emergency Measures To Improve State and Local Preparedness

Sec. 301. State bioterrorism preparedness and response block grant.

   Subtitle B--Improving Local Preparedness and Response Capabilities

Sec. 311. Designated bioterrorism response medical centers.
Sec. 312. Designated State public emergency announcement plan.
Sec. 313. Training for pediatric issues surrounding biological agents 
              used in warfare and terrorism.
Sec. 314. General Accounting Office report.
Sec. 315. Additional research.
Sec. 316. Sense of the Senate.

     TITLE IV--DEVELOPING NEW COUNTERMEASURES AGAINST BIOTERRORISM

Sec. 401. Limited antitrust exemption.
Sec. 402. Developing new countermeasures against bioterrorism.
Sec. 403. Sequencing of priority pathogens.
Sec. 404. Accelerated countermeasure research and development.
Sec. 405. Accelerated approval of priority countermeasures.
Sec. 406. Use of animal trials in the approval of priority 
              countermeasures.
Sec. 407. Miscellaneous provisions.

     TITLE V--PROTECTING THE SAFETY AND SECURITY OF THE FOOD SUPPLY

     Subtitle A--General Provisions To Expand and Upgrade Security

Sec. 511. Food safety and security strategy.
Sec. 512. Expansion of Animal and Plant Health Inspection Service 
              activities.
Sec. 513. Expansion of Food Safety Inspection Service activities.
Sec. 514. Expansion of Food and Drug Administration activities.
Sec. 515. Biosecurity upgrades at the Department of Agriculture.
Sec. 516. Biosecurity upgrades at the Department of Health and Human 
              Services.

[[Page 27865]]

Sec. 517. Agricultural biosecurity.
Sec. 518. Biosecurity of food manufacturing, processing, and 
              distribution.

               Subtitle B--Protection of the Food Supply

Sec. 531. Administrative detention.
Sec. 532. Debarment for repeated or serious food import violations.
Sec. 533. Maintenance and inspection of records for foods.
Sec. 534. Registration of food manufacturing, processing, and handling 
              facilities.
Sec. 535. Prior notice of imported food shipments.
Sec. 536. Authority to mark refused articles.
Sec. 537. Authority to commission other Federal officials to conduct 
              inspections.
Sec. 538. Prohibition against port shopping.
Sec. 539. Grants to States for inspections.
Sec. 540. Rule of construction.

 Subtitle C--Research and Training To Enhance Food Safety and Security

Sec. 541. Surveillance and information grants and authorities.
Sec. 542. Agricultural bioterrorism research and development.

         TITLE I--NATIONAL GOALS FOR BIOTERRORISM PREPAREDNESS

     SEC. 101. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       The Public Health Service Act (42 U.S.C. 201 et seq.) is 
     amended by adding at the end the following:

      ``TITLE XXVIII--STRENGTHENING THE NATION'S PREPAREDNESS FOR 
                              BIOTERRORISM

     ``SEC. 2801. CONGRESSIONAL FINDINGS ON BIOTERRORISM 
                   PREPAREDNESS.

       ``Congress finds that the United States should further 
     develop and implement a coordinated strategy to prevent, and 
     if necessary, to respond to biological threats or attacks 
     upon the United States. Such strategy should include measures 
     for--
       ``(1) enabling the Federal Government to provide health 
     care assistance to States and localities in the event of a 
     biological threat or attack;
       ``(2) improving public health, hospital, laboratory, 
     communications, and emergency response personnel preparedness 
     and responsiveness at the State and local levels;
       ``(3) rapidly developing and manufacturing needed 
     therapies, vaccines, and medical supplies; and
       ``(4) enhancing the protection of the nation's food supply 
     and protecting agriculture against biological threats or 
     attacks.''.

        TITLE II--IMPROVING THE FEDERAL RESPONSE TO BIOTERRORISM

                   Subtitle A--Additional Authorities

     SEC. 201. ADDITIONAL AUTHORITIES OF THE SECRETARY; STRATEGIC 
                   NATIONAL PHARMACEUTICAL STOCKPILE.

       Title XXVIII of the Public Health Service Act, as added by 
     section 101, is amended by adding at the end the following:

      ``Subtitle A--Improving the Federal Response to Bioterrorism

     ``SEC. 2811. AUTHORITY OF THE SECRETARY RELATED TO 
                   BIOTERRORISM PREPAREDNESS.

       ``(a) Plan.--To meet the objectives of this title (and the 
     amendments made by the Bioterrorism Preparedness Act of 
     2001), and to help the United States fully prepare for a 
     biological threat or attack, the Secretary, consistent with 
     the recommendations and activities of the working group 
     established under section 319F(a), shall develop and 
     implement a coordinated plan to meet such objectives that are 
     within the jurisdiction of the Secretary. Such plan shall 
     include the development of specific criteria that will enable 
     measurements to be made of the progress made at the national, 
     State, and local levels toward achieving the national goal of 
     bioterrorism preparedness, including actions to strengthen 
     the preparedness of rural communities for a biological threat 
     or attack.
       ``(b) Biennial Reports.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this title, and biennially thereafter, the 
     Secretary shall prepare and submit to Congress a report 
     concerning the progress made and the steps taken by the 
     Secretary to further the purposes of this title (and the 
     amendments made by the Bioterrorism Preparedness Act of 
     2001). Such report shall include an assessment of the 
     activities conducted under section 319F(c).
       ``(2) Additional authority.--In the biennial report 
     submitted under paragraph (1), the Secretary may make 
     recommendations concerning--
       ``(A) additional legislative authority that the Secretary 
     determines is necessary to meet the objectives of this title 
     (and the amendments made by the Bioterrorism Preparedness Act 
     of 2001); and
       ``(B) additional legislative authority that the Secretary 
     determines is necessary under section 319 to protect the 
     public health in the event that a condition described in 
     section 319(a) occurs.
       ``(c) Other Reports.--Not later than 1 year after the date 
     of enactment of this title, the Secretary shall prepare and 
     submit to Congress a report concerning--
       ``(1) activities conducted under section 319F(b);
       ``(2) the characteristics that may render a rural community 
     uniquely vulnerable to a biological threat or attack, 
     including distance, lack of emergency transport, hospital or 
     laboratory capacity, lack of integration of Federal or State 
     public health networks, workforce deficits, or other relevant 
     conditions;
       ``(3) in any case in which the Secretary determines that 
     additional legislative authority is necessary to effectively 
     strengthen the preparedness of rural communities for 
     responding to a biological threat or attack, the 
     recommendations of the Secretary with respect to such 
     legislative authority; and
       ``(4) the need for and benefits of a National Disaster 
     Response Medical Volunteer Service that would be a private-
     sector, community-based rapid response corps of medical 
     volunteers.

     ``SEC. 2812. STRATEGIC NATIONAL PHARMACEUTICAL STOCKPILE.

       ``(a) In General.--The Secretary, in coordination with the 
     Secretary of Veterans Affairs, shall maintain a strategic 
     stockpile of vaccines, therapies, and medical supplies that 
     are adequate, as determined by the Secretary, to meet the 
     health needs of the United States population, including 
     children and other vulnerable populations, for use at the 
     direction of the Secretary, in the event of a biological 
     threat or attack or other public health emergency.
       ``(b) Rule of Construction.--Nothing in subsection (a) 
     shall be construed to prohibit the Secretary from including 
     in the stockpile described in such subsection such vaccines, 
     therapies, or medical supplies as may be necessary to meet 
     the needs of the United States in the event of a nuclear, 
     radiological, or chemical attack or other public health 
     emergency.
       ``(c) Definition.--In this section, the term `stockpile' 
     means--
       ``(1) a physical accumulation of the material described in 
     subsection (a); or
       ``(2) a contractual agreement between the Secretary and a 
     vendor or vendors under which such vendor or vendors agree to 
     provide to the Secretary such medical supplies as shall be 
     described in the contract at such time as shall be specified 
     in the contract.
       ``(d) Procedures.--The Secretary, in managing the stockpile 
     under this section, shall--
       ``(1) ensure that adequate procedures are followed with 
     respect to the stockpile maintained under subsection (a) for 
     inventory management, accounting, and for the physical 
     security of such stockpile; and
       ``(2) in consultation with State and local officials, take 
     into consideration the timing and location of special events, 
     including designated national security events.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $640,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each of fiscal years 2003 through 2006.''.

     SEC. 202. IMPROVING THE ABILITY OF THE CENTERS FOR DISEASE 
                   CONTROL AND PREVENTION TO RESPOND EFFECTIVELY 
                   TO BIOTERRORISM.

       (a) Revitalizing the CDC.--Section 319D of the Public 
     Health Service Act (42 U.S.C. 247d-4) is amended--
       (1) in subsection (a), by inserting ``, and expanded, 
     enhanced, and improved capabilities of the Centers related to 
     biological threats or attacks,'' after ``modern facilities'';
       (2) in subsection (b)--
       (A) by inserting ``, including preparing for or responding 
     to biological threats or attacks,'' after ``public health 
     activities''; and
       (B) by inserting ``$60,000,000 for fiscal year 2002,''; and
       (3) by adding at the end the following:
       ``(c) Improving Public Health Laboratory Capacity.--
       ``(1) In general.--The Secretary shall provide for the 
     establishment of a coordinated network of public health 
     laboratories to assist with the detection of and response to 
     a biological threat or attack, that may, at the discretion of 
     the Secretary, include laboratories that serve as regional 
     reference laboratories.
       ``(2) Authority.--The Secretary may award grants, 
     contracts, or cooperative agreements to carry out paragraph 
     (1).
       ``(3) Coordination.--To the maximum extent practicable, the 
     Secretary shall ensure that activities conducted under 
     paragraph (1) are coordinated with existing laboratory 
     preparedness activities.
       ``(4) Local discretion.--Use of regional laboratories, if 
     established under paragraph (1), shall be at the discretion 
     of the public health agencies of the States.
       ``(5) Prohibited uses.--An eligible entity may not use 
     amounts received under this subsection to--
       ``(A) purchase or improve land or purchase any building or 
     other facility; or
       ``(B) construct, repair, or alter any building or other 
     facility.
       ``(6) Supplement not supplant.--Funds appropriated under 
     this subsection shall be used to supplement and not supplant 
     other Federal, State, and local public funds provided for 
     activities under this subsection.
       ``(7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $59,500,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each of fiscal years 2003 through 2006.''.

[[Page 27866]]

       (b) Education and Training.--Section 319F(e) of the Public 
     Health Service Act (42 U.S.C. 247d6(e)) is amended by adding 
     at the end the following flush sentence:
     ``The education and training activities described in this 
     subsection may be carried out through Public Health 
     Preparedness Centers, Noble training facilities, the Emerging 
     Infections Program, and the Epidemic Intelligence Service.''.

           Subtitle B--Coordination of Efforts and Responses

     SEC. 211. ASSISTANT SECRETARY FOR EMERGENCY PREPAREDNESS; 
                   NATIONAL DISASTER MEDICAL SYSTEM.

       Title XXVIII of the Public Health Service Act, as added by 
     section 101, and amended by section 201, is further amended 
     by adding at the end the following:

     ``SEC. 2813. ASSISTANT SECRETARY FOR EMERGENCY PREPAREDNESS.

       ``(a) Appointment of Assistant Secretary for Emergency 
     Preparedness.--The President, with the advice and consent of 
     the Senate, shall appoint an individual to serve as the 
     Assistant Secretary for Emergency Preparedness who shall head 
     the Office for Emergency Preparedness. Such Assistant 
     Secretary shall report to the Secretary.
       ``(b) Duties.--Subject to the authority of the Secretary, 
     the Assistant Secretary for Emergency Preparedness shall--
       ``(1) serve as the principal adviser to the Secretary on 
     matters relating to emergency preparedness, including 
     preparing for and responding to biological threats or attacks 
     and for developing policy; and
       ``(2) coordinate all functions within the Department of 
     Health and Human Services relating to emergency preparedness, 
     including preparing for and responding to biological threats 
     or attacks.

     ``SEC. 2814. NATIONAL DISASTER MEDICAL SYSTEM.

       ``(a) National Disaster Medical System.--
       ``(1) In general.--There shall be operated a system to be 
     known as the National Disaster Medical System (in this 
     section referred to as the `National System') which shall be 
     coordinated by the Secretary, in collaboration with the 
     Secretary of Defense, the Secretary of Veterans Affairs, and 
     the Director of the Federal Emergency Management Agency.
       ``(2) Functions.--The National System shall provide 
     appropriate health services, health-related social services 
     and, if necessary, auxiliary services (including mortuary and 
     veterinary services) to respond to the needs of victims of a 
     public health emergency if the Secretary activates the System 
     with respect to the emergency. The National System shall 
     carry out such ongoing activities as may be necessary to 
     prepare for the provision of such services.
       ``(b) Temporary Disaster-Response Personnel.--
       ``(1) In general.--For the purpose of assisting the Office 
     of Emergency Preparedness and the National System in carrying 
     out duties under this section, the Secretary may in 
     accordance with section 316.401 of title 5, Code of Federal 
     Regulations (including revisions to such section), and 
     notwithstanding the eligibility requirements set forth in 
     paragraphs (1) through (8) of section 316.402(b) of such 
     title (including revisions), make temporary appointments of 
     individuals to intermittent positions to serve as personnel 
     of such Office or System.
       ``(2) Travel and subsistence.--An individual appointed 
     under paragraph (1) shall, in accordance with subchapter I of 
     chapter 57 of title 5, United States Code, be eligible for 
     travel, subsistence, and other necessary expenses incurred in 
     carrying out the duties for which the individual was 
     appointed, including per diem in lieu of subsistence.
       ``(3) Liability.--For purposes of section 224(a) and the 
     remedies described in such section, an individual appointed 
     under paragraph (1) shall, while acting within the scope of 
     such appointment, be considered to be an employee of the 
     Public Health Service performing medical, surgical, dental, 
     or related functions. Participation in training programs 
     carried out by the Office of Emergency Preparedness or 
     Federal personnel of the National System shall be considered 
     within the scope of such an appointment (regardless of 
     whether the individual receives compensation for such 
     participation).
       ``(c) Temporary Disaster-Response Appointee.--For purposes 
     of this section, the term `temporary disaster-response 
     appointee' means an individual appointed by the Secretary 
     under subsection (b).
       ``(d) Compensation for Work Injuries.--A temporary 
     disaster-response appointee, as designated by the Secretary, 
     shall be deemed an employee, and an injury sustained by such 
     an individual while actually serving or while participating 
     in a uncompensated training exercise related to such service 
     shall be deemed `in the performance of duty', for purposes of 
     chapter 81 of title 5, United States Code, pertaining to 
     compensation for work injuries. In the event of an injury to 
     such a temporary disaster-response appointee, the Secretary 
     of Labor shall be responsible for making determinations as to 
     whether the claimants are entitled to compensation or other 
     benefits in accordance with chapter 81 of title 5, United 
     States Code.
       ``(e) Employment and Reemployment Rights.--
       ``(1) In general.--A temporary disaster-response appointee, 
     as designated by the Secretary, shall, when performing 
     service as a temporary disaster-response appointee or 
     participating in an uncompensated training exercise related 
     to such service, be deemed a person performing `service in 
     the uniformed services' for purposes of chapter 43 of title 
     38, United States Code, pertaining to employment and 
     reemployment rights of members in the uniformed services. All 
     rights and obligations of such persons and procedures for 
     assistance, enforcement, and investigation shall be as 
     provided for in chapter 43 of title 38, United States Code.
       ``(2) Notice of absence from position of employment.--
     Preclusion of giving notice of service by disaster response 
     necessity shall be deemed preclusion by `military necessity' 
     for purposes of section 4312(b) of title 38, United States 
     Code, pertaining to giving notice of absence from a position 
     of employment. A determination of disaster response necessity 
     shall be made pursuant to regulations prescribed by the 
     Secretary, in consultation with the Secretary of Defense, and 
     shall not be subject to judicial review.
       ``(f) Limitation.--A temporary disaster-response appointee 
     shall not be deemed an employee of the Public Health Service 
     or the Office of Emergency Preparedness for purposes other 
     than those specifically set forth in this section.''.

     SEC. 212. EXPANDED AUTHORITY OF THE SECRETARY OF HEALTH AND 
                   HUMAN SERVICES TO RESPOND TO PUBLIC HEALTH 
                   EMERGENCIES.

       (a) Provision of Declaration to Congress.--Section 319(a) 
     of the Public Health Service Act (42 U.S.C. 247d(a)) is 
     amended by adding at the end the following: ``Not later than 
     48 hours after a declaration of a public health emergency 
     under this section, the Secretary shall provide a written 
     declaration to Congress indicating that an emergency under 
     this section has been declared.''.
       (b) Waiver of Reporting Deadlines.--Section 319 of the 
     Public Health Service Act (42 U.S.C. 247d) is amended by 
     adding at the end the following:
       ``(d) Waiver of Data Submittal and Reporting Deadlines.--In 
     any case in which the Secretary determines that, wholly or 
     partially as a result of a public health emergency that has 
     been declared pursuant to subsection (a), individuals or 
     public or private entities are unable to comply with 
     deadlines for the submission to the Secretary of data or 
     reports required under any law administered by the Secretary, 
     the Secretary may, notwithstanding any other provision of 
     law, grant such extensions of such deadlines as the 
     circumstances reasonably require, and may waive any sanctions 
     otherwise applicable to such failure to comply.''.
       (c) Emergency Declaration Period.--Section 319 of the 
     Public Health Service Act (42 U.S.C. 247d), as amended by 
     subsection (b), is further amended by adding at the end the 
     following:
       ``(e) Emergency Declaration Period.--A determination by the 
     Secretary under subsection (a) that a public health emergency 
     exists shall remain in effect for not longer than the 180-day 
     period beginning on the date of the determination. Such 
     period may be extended by the Secretary if--
       ``(1) the Secretary determines that such an extension is 
     appropriate; and
       ``(2) the Secretary provides a written notification to 
     Congress within 48 hours of such extension.''.

     SEC. 213. PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO A 
                   BIOTERRORIST ATTACK.

       Section 319F of the Public Health Service Act (42 U.S.C. 
     247d-6) is amended by striking subsections (a) and (b), and 
     inserting the following:
       ``(a) Working Group on Bioterrorism.--The Secretary, in 
     coordination with the Secretary of Defense, the Director of 
     the Federal Emergency Management Agency, the Attorney 
     General, the Secretary of Veterans Affairs, the Secretary of 
     Labor, and the Secretary of Agriculture, and with other 
     similar Federal officials as determined appropriate, shall 
     establish a joint interdepartmental working group on the 
     prevention, preparedness, and response to a biological threat 
     or attack on the civilian population. Such joint working 
     group shall--
       ``(1) prioritize countermeasures required to treat, 
     prevent, or identify exposure to a biological agent or toxin 
     pursuant to section 351A;
       ``(2) coordinate and facilitate the awarding of grants, 
     contracts, or cooperative agreements for the development, 
     manufacture, distribution, and purchase of priority 
     countermeasures;
       ``(3) coordinate research on pathogens likely to be used in 
     a biological threat or attack on the civilian population;
       ``(4) develop shared standards for equipment to detect and 
     to protect against biological agents and toxins;
       ``(5) coordinate the development, maintenance, and 
     procedures for the release of materials from the Strategic 
     National Pharmaceutical Stockpile;
       ``(6) assess the priorities for and enhance the 
     preparedness of public health institutions, providers of 
     medical care, and other emergency service personnel 
     (including firefighters) to detect, diagnose, and respond 
     (including mental health response) to a biological threat or 
     attack;

[[Page 27867]]

       ``(7) in the recognition that medical and public health 
     professionals are likely to provide much of the first 
     response to such an attack, develop, coordinate, enhance, and 
     assure the quality of joint planning and training programs 
     that address the public health and medical consequences of a 
     biological threat or attack on the civilian population 
     between--
       ``(A) local firefighters, ambulance personnel, police and 
     public security officers, or other emergency response 
     personnel; and
       ``(B) hospitals, primary care facilities, and public health 
     agencies;
       ``(8) coordinate the development of strategies for Federal, 
     State, and local agencies to communicate information to the 
     public regarding biological threats or attacks;
       ``(9) develop methods to decontaminate facilities 
     contaminated as a result of a biological attack, including 
     appropriate protections for the safety of those conducting 
     such activities; and
       ``(10) ensure that the activities under this subsection 
     address the needs of children and other vulnerable 
     populations.
     The working group shall carry out paragraphs (1) and (2) in 
     consultation with the pharmaceutical, biotechnology, and 
     medical device industries, and other appropriate experts.
       ``(b) Advice to the Secretary.--The Secretary shall 
     establish advisory committees to provide expert 
     recommendations to the Secretary to assist the Secretary, 
     including the following:
       ``(1) National task force on children and terrorism.--
       ``(A) In general.--The National Task Force on Children and 
     Terrorism, which shall be composed of such Federal officials 
     as may be appropriate to address the special needs of 
     children, and child health experts on infectious disease, 
     environmental health, toxicology, and other relevant 
     professional disciplines.
       ``(B) Duties.--The task force described in subparagraph (A) 
     shall provide recommendations to the Secretary regarding--


       ``(i) the preparedness of the health care system to respond 
     to bioterrorism as it relates to children;
       ``(ii) needed changes to the health care and emergency 
     medical service systems and emergency medical services 
     protocols to meet the special needs of children with respect 
     to a biological threat or attack; and
       ``(iii) changes, if necessary, to the Strategic National 
     Pharmaceutical Stockpile, to meet the special needs of 
     children.
       ``(2) Emergency public information and communications task 
     force.--
       ``(A) In general.--The Emergency Public Information and 
     Communications (EPIC) Task Force, which shall be composed of 
     individuals with expertise in public health, communications, 
     behavioral psychology, and other areas determined appropriate 
     by the Secretary.
       ``(B) Duties.--The task force described in subparagraph (A) 
     shall make recommendations and report to the Secretary on 
     appropriate ways to communicate information regarding 
     biological threats or attacks to the public, including public 
     service announcements or other appropriate means to 
     communicate in a manner that maximizes information and 
     minimizes panic, and includes information relevant to 
     children and other vulnerable populations.
       ``(3) Sunset.--Each Task Force established under paragraphs 
     (1) and (2) shall terminate on the date that is 1 year after 
     the date of enactment of the Bioterrorism Preparedness Act of 
     2001.''.

     SEC. 214. THE OFFICIAL FEDERAL INTERNET SITE ON BIOTERRORISM.

       It is the recommendation of Congress that there should be 
     established an official Federal Internet site on 
     bioterrorism, either directly or through provision of a grant 
     to an entity that has expertise in bioterrorism and the 
     development of websites, that should include information 
     relevant to diverse populations (including messages directed 
     at the general public and such relevant groups as medical 
     personnel, public safety workers, and agricultural workers) 
     and links to appropriate State and local government sites.

     SEC. 215. TECHNICAL AMENDMENTS.

       Section 319C of the Public Health Service Act (42 U.S.C. 
     247d-3) is amended--
       (1) in subsection (a), by striking ``competitive''; and
       (2) in subsection (f), by inserting ``$420,000,000 for 
     fiscal year 2002,'' after ``2001,''.

     SEC. 216. REGULATION OF BIOLOGICAL AGENTS AND TOXINS.

       (a) Biological Agents Provisions of the Antiterrorism and 
     Effective Death Penalty Act of 1996; Codification in the 
     Public Health Service Act, With Amendments.--
       (1) Public health service act.--Subpart 1 of part F of 
     title III of the Public Health Service Act (42 U.S.C. 262 et 
     seq.) is amended by inserting after section 351 the 
     following:

     ``SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND 
                   TOXINS.

       ``(a) Regulatory Control of Biological Agents and Toxins.--
       ``(1) List of biological agents and toxins.--
       ``(A) In general.--The Secretary shall by regulation 
     establish and maintain a list of each biological agent and 
     each toxin that has the potential to pose a severe threat to 
     public health and safety.
       ``(B) Criteria.--In determining whether to include an agent 
     or toxin on the list under subparagraph (A), the Secretary 
     shall--
       ``(i) consider--

       ``(I) the effect on human health of exposure to the agent 
     or toxin;
       ``(II) the degree of contagiousness of the agent or toxin 
     and the methods by which the agent or toxin is transferred to 
     humans;
       ``(III) the availability and effectiveness of 
     pharmacotherapies and immunizations to treat and prevent any 
     illness resulting from infection by the agent or toxin; and
       ``(IV) any other criteria, including the needs of children 
     and other vulnerable populations, that the Secretary 
     considers appropriate; and

       ``(ii) consult with appropriate Federal departments and 
     agencies, and scientific experts representing appropriate 
     professional groups, including those with pediatric 
     expertise.
       ``(2) Biennial review.--The Secretary shall review and 
     republish the list under paragraph (1) biennially, or more 
     often as needed, and shall, through rulemaking, revise the 
     list as necessary to incorporate additions or deletions to 
     ensure public health, safety, and security.
       ``(3) Exemptions.--The Secretary may exempt from the list 
     under paragraph (1)--
       ``(A) attenuated or inactive biological agents or toxins 
     used in biomedical research or for legitimate medical 
     purposes; and
       ``(B) products that are cleared or approved under the 
     Federal Food, Drug, and Cosmetic Act or under the Virus-
     Serum-Toxin Act, as amended in 1985 by the Food Safety and 
     Security Act.'';
       ``(b) Regulation of Transfers of Listed Biological Agents 
     and Toxins.--The Secretary shall by regulation provide for--
       ``(1) the establishment and enforcement of safety 
     procedures for the transfer of biological agents and toxins 
     listed pursuant to subsection (a)(1), including measures to 
     ensure--
       ``(A) proper training and appropriate skills to handle such 
     agents and toxins; and
       ``(B) proper laboratory facilities to contain and dispose 
     of such agents and toxins;
       ``(2) safeguards to prevent access to such agents and 
     toxins for use in domestic or international terrorism or for 
     any other criminal purpose;
       ``(3) the establishment of procedures to protect the public 
     safety in the event of a transfer or potential transfer of a 
     biological agent or toxin in violation of the safety 
     procedures established under paragraph (1) or the safeguards 
     established under paragraph (2); and
       ``(4) appropriate availability of biological agents and 
     toxins for research, education, and other legitimate 
     purposes.
       ``(c) Possession and Use of Listed Biological Agents and 
     Toxins.--The Secretary shall by regulation provide for the 
     establishment and enforcement of standards and procedures 
     governing the possession and use of biological agents and 
     toxins listed pursuant to subsection (a)(1) in order to 
     protect the public health and safety, including the measures, 
     safeguards, procedures, and availability of such agents and 
     toxins described in paragraphs (1) through (4) of subsection 
     (b), respectively.
       ``(d) Registration and Traceability Mechanisms.--
     Regulations under subsections (b) and (c) shall require 
     registration for the possession, use, and transfer of 
     biological agents and toxins listed pursuant to subsection 
     (a)(1), and such registration shall include (if available to 
     the registered person) information regarding the 
     characterization of such biological agents and toxins to 
     facilitate their identification and traceability. The 
     Secretary shall maintain a national database of the location 
     of such biological agents and toxins with information 
     regarding their characterizations.
       ``(e) Inspections.--The Secretary shall have the authority 
     to inspect persons subject to the regulations under 
     subsections (b) and (c) to ensure their compliance with such 
     regulations, including prohibitions on restricted persons 
     under subsection (g).
       ``(f) Exemptions.--
       ``(1) In general.--The Secretary shall establish 
     exemptions, including exemptions from the security 
     provisions, from the applicability of provisions of--
       ``(A) the regulations issued under subsections (b) and (c) 
     when the Secretary determines that the exemptions, including 
     exemptions from the security requirements for the use of 
     attenuated or inactive biological agents or toxins in 
     biomedical research or for legitimate medical purposes, are 
     consistent with protecting public health and safety; and
       ``(B) the regulations issued under subsection (c).
       ``(2) Clinical laboratories.--The Secretary shall exempt 
     clinical laboratories and other persons that possess, use, or 
     transfer biological agents and toxins listed pursuant to 
     subsection (a)(1) from the applicability of provisions of 
     regulations issued under subsections (b) and (c) only when--
       ``(A) such agents or toxins are presented for diagnosis, 
     verification, or proficiency testing;
       ``(B) the identification of such agents and toxins is, when 
     required under Federal or State law, reported to the 
     Secretary or other public health authorities; and

[[Page 27868]]

       ``(C) such agents or toxins are transferred or destroyed in 
     a manner set forth by the Secretary in regulation.
       ``(g) Security Requirements for Registered Persons.--
       ``(1) Security.--In carrying out paragraphs (2) and (3) of 
     subsection (b), the Secretary shall establish appropriate 
     security requirements for persons possessing, using, or 
     transferring biological agents and toxins listed pursuant to 
     subsection (a)(1), considering existing standards developed 
     by the Attorney General for the security of government 
     facilities, and shall ensure compliance with such 
     requirements as a condition of registration under regulations 
     issued under subsections (b) and (c).
       ``(2) Limiting access to listed agents and toxins.--
     Regulations issued under subsections (b) and (c) shall 
     include provisions--
       ``(A) to restrict access to biological agents and toxins 
     listed pursuant to subsection (a)(1) only to those 
     individuals who need to handle or use such agents or toxins; 
     and
       ``(B) to provide that registered persons promptly submit 
     the names and other identifying information for such 
     individuals to the Attorney General, with which information 
     the Attorney General shall promptly use criminal, 
     immigration, and national security databases available to the 
     Federal Government to identify whether such individuals--
       ``(i) are restricted persons, as defined in section 175b of 
     title 18, United States Code; or
       ``(ii) are named in a warrant issued to a Federal or State 
     law enforcement agency for participation in any domestic or 
     international act of terrorism.
       ``(3) Consultation and implementation.--Regulations under 
     subsections (b) and (c) shall be developed in consultation 
     with research-performing organizations, including 
     universities, and implemented with timeframes that take into 
     account the need to continue research and education using 
     biological agents and toxins listed pursuant to subsection 
     (a)(1).
       ``(h) Disclosure of Information.--
       ``(1) In general.--Any information in the possession of any 
     Federal agency that identifies a person, or the geographic 
     location of a person, who is registered pursuant to 
     regulations under this section (including regulations 
     promulgated before the effective date of this subsection), or 
     any site-specific information relating to the type, quantity, 
     or characterization of a biological agent or toxin listed 
     pursuant to subsection (a)(1) or the site-specific security 
     mechanisms in place to protect such agents and toxins, 
     including the national database required in subsection (d), 
     shall not be disclosed under section 552(a) of title 5, 
     United States Code.
       ``(2) Disclosures for public health and safety; congress.--
     Nothing in this section may be construed as preventing the 
     head of any Federal agency--
       ``(A) from making disclosures of information described in 
     paragraph (1) for purposes of protecting the public health 
     and safety; or
       ``(B) from making disclosures of such information to any 
     committee or subcommittee of the Congress with appropriate 
     jurisdiction, upon request.
       ``(i) Civil Money Penalty.--Any person who violates a 
     regulation under subsection (b) or (c) shall be subject to 
     the United States for a civil money penalty in an amount not 
     exceeding $250,000 in the case of an individual and $500,000 
     in the case of any other person. The provisions of section 
     1128A of the Social Security Act (other than subsections (a), 
     (b), (h), and (i), the first sentence of subsection (c), and 
     paragraphs (1) and (2) of subsection (f) of such section) 
     shall apply to civil money penalties under this subsection in 
     the same manner as such provisions apply to a penalty or 
     proceeding under section 1128A(a) of such Act. The Secretary 
     may delegate authority under this section in the same manner 
     as provided in section 1128A(j)(2) of such Act and such 
     authority shall include all powers described in section 6 of 
     the Inspector General Act of 1978 (5 U.S.C. App. 2)
       ``(j) Definitions.--For purposes of this section, the terms 
     `biological agent' and `toxin' have the same meaning as in 
     section 178 of title 18, United States Code.''.
       (2) Regulations.--
       (A) Date certain for promulgation; effective date regarding 
     criminal and civil penalties.--Not later than 180 days after 
     the date of the enactment of this title, the Secretary of 
     Health and Human Services shall promulgate an interim final 
     rule for carrying out section 351A(c) of the Public Health 
     Service Act, which amends the Antiterrorism and Effective 
     Death Penalty Act of 1996. Such interim final rule will take 
     effect 60 days after the date on which such rule is 
     promulgated, including for purposes of--
       (i) section 175(b) of title 18, United States Code 
     (relating to criminal penalties), as added by subsection 
     (b)(1)(B) of this section; and
       (ii) section 351A(i) of the Public Health Service Act 
     (relating to civil penalties).
       (B) Submission of registration applications.--A person 
     required to register for possession under the interim final 
     rule promulgated under subparagraph (A) shall submit an 
     application for such registration not later than 60 days 
     after the date on which such rule is promulgated.
       (3) Conforming amendment.--Subsections (d), (e), (f), and 
     (g) of section 511 of the Antiterrorism and Effective Death 
     Penalty Act of 1996 (42 U.S.C. 262 note) are repealed.
       (4) Effective date.--Paragraph (1) shall take effect as if 
     incorporated in the Antiterrorism and Effective Death Penalty 
     Act of 1996, and any regulations, including the list under 
     subsection (d)(1) of section 511 of that Act, issued under 
     section 511 of that Act shall remain in effect as if issued 
     under section 351A of the Public Health Service Act.
       (b) Select Agents.--
       (1) In general.--Section 175 of title 18, United States 
     Code, as amended by the Uniting and Strengthening America by 
     Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 
     107-56), is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following:
       ``(b) Select Agents.--
       ``(1) Unregistered for possession.--Whoever knowingly 
     possesses a biological agent or toxin where such agent or 
     toxin is a select agent for which such person has not 
     obtained a registration required by regulation issued under 
     section 351A(c) of the Public Health Service Act shall be 
     fined under this title, or imprisoned for not more than 5 
     years, or both.
       ``(2) Transfer to unregistered person.--Whoever transfers a 
     select agent to a person who the transferor has reason to 
     believe has not obtained a registration required by 
     regulations issued under section 351A(b) or (c) of the Public 
     Health Service Act shall be fined under this title, or 
     imprisoned for not more than 5 years, or both.''.
       (2) Definitions.--Section 175 of title 18, United States 
     Code, as amended by paragraph (1), is further amended by 
     striking subsection (d) and inserting the following:
       ``(d) Definitions.--As used in this section:
       ``(1) The terms `biological agent' and `toxin' have the 
     meanings given such terms in section 178, except that, for 
     purposes of subsections (b) and (c), such terms do not 
     encompass any biological agent or toxin that is in its 
     naturally occurring environment, if the biological agent or 
     toxin has not been cultivated, cultured, collected, or 
     otherwise extracted from its natural source.
       ``(2) The term `for use as a weapon' includes the 
     development, production, transfer, acquisition, retention, or 
     possession of any biological agent, toxin, or delivery 
     system, other than for prophylactic, protective, or other 
     peaceful purposes.
       ``(3) The term `select agent' means a biological agent or 
     toxin, as defined in paragraph (1), that is on the list that 
     is in effect pursuant to section 511(d)(1) of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (Public 
     Law 104-132), or as subsequently revised under section 
     351A(a) of the Public Health Service Act.''.
       (3) Conforming amendment.--
       (A) Section 175(a) of title 18, United States Code, is 
     amended in the second sentence by striking ``under this 
     section'' and inserting ``under this subsection''.
       (B) Section 175(c) of title 18, United States Code, (as 
     redesignated by paragraph (1)), is amended by striking the 
     second sentence.
       (c) Report to Congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services, after consultation with other appropriate 
     Federal agencies, shall submit to the Congress a report 
     that--
       (1) describes the extent to which there has been compliance 
     by governmental and private entities with applicable 
     regulations under section 351A of the Public Health Service 
     Act, including the extent of compliance before the date of 
     the enactment of this Act, and including the extent of 
     compliance with regulations promulgated after such date of 
     enactment;
       (2) describes the actions to date and future plans of the 
     Secretary for updating the list of biological agents and 
     toxins under section 351A(a)(1) of the Public Health Service 
     Act;
       (3) describes the actions to date and future plans of the 
     Secretary for determining compliance with regulations under 
     such section 351A of the Public Health Service Act and for 
     taking appropriate enforcement actions; and
       (4) provides any recommendations of the Secretary for 
     administrative or legislative initiatives regarding such 
     section 351A of the Public Health Service Act.

           TITLE III--IMPROVING STATE AND LOCAL PREPAREDNESS

 Subtitle A--Emergency Measures to Improve State and Local Preparedness

     SEC. 301. STATE BIOTERRORISM PREPAREDNESS AND RESPONSE BLOCK 
                   GRANT.

       (a) In General.--Section 319F of the Public Health Service 
     Act (42 U.S.C. 247d-6) is amended by striking subsection (c) 
     and inserting the following:
       ``(c) State Bioterrorism Preparedness and Response Block 
     Grants.--
       ``(1) In general.--The Secretary shall establish the State 
     Bioterrorism Preparedness and Response Block Grant Program 
     (referred to in this subsection as the `Program') under which 
     the Secretary shall award grants to or enter into cooperative 
     agreements with States, the District of Columbia, and 
     territories (referred to in this section as `eligible

[[Page 27869]]

     entities') to enable such entities to prepare for and respond 
     to biological threats or attacks. The Secretary shall ensure 
     that activities conducted under this section are coordinated 
     with the activities conducted under this section and section 
     319C.
       ``(2) Eligibility.--To be eligible to receive amounts under 
     paragraph (1), a State, the District of Columbia, or a 
     territory shall prepare and submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require, including an 
     assurance that the entity will--
       ``(A) not later than 180 days after the date on which a 
     grant or contract is received under this subsection, prepare 
     and submit to the Secretary a Bioterrorism Preparedness and 
     Response Plan in accordance with subsection (c);
       ``(B) not later than 180 days after the date on which a 
     grant or contract is received under this subsection, complete 
     an assessment under section 319B(a), or an assessment that is 
     substantially equivalent as determined by the Secretary 
     unless such assessment has already been performed; and
       ``(C) establish a means by which to obtain public comment 
     and input on the plan and plan implementation that shall 
     include an advisory committee or other similar mechanism for 
     obtaining input from the public at large as well as other 
     stakeholders;
       ``(D) use amounts received under paragraph (1) in 
     accordance with the plan submitted under paragraph (3), 
     including making expenditures to carry out the strategy 
     contained in the plan;
       ``(E) use amounts received under paragraph (1) to 
     supplement and not supplant funding at levels in existence 
     prior to September 11, 2001 for public health capacities or 
     bioterrorism preparedness; and
       ``(F) with respect to the plan under paragraph (3), 
     establish reasonable criteria to evaluate the effective 
     performance of entities that receive funds under the grant or 
     agreement and shall include relevant benchmarks in the plan.
       ``(3) Bioterrorism preparedness and response plan.--Not 
     later than 180 days after receiving amounts under this 
     subsection, and 1 year after such date, a State, the District 
     of Columbia, or a territory shall prepare and submit to the 
     Secretary a Bioterrorism Preparedness and Response Plan for 
     responding to biological threats or attacks. Recognizing the 
     assessment of public health capacity conducted under section 
     319B, such plan shall include--
       ``(A) a description of the program that the eligible entity 
     will adopt to achieve the core capacities developed under 
     section 319A, including measures that meet the needs of 
     children and other vulnerable populations;
       ``(B) a description (including amounts expended by the 
     eligible entity for such purpose) of the programs, projects, 
     and activities that the eligible entity will implement using 
     amounts received in order to detect and respond to biological 
     threats or attacks, including the manner in which the 
     eligible entity will manage State surveillance and response 
     efforts and coordinate such efforts with national efforts;
       ``(C) a description of the training initiatives that the 
     eligible entity has carried out to improve its ability to 
     detect and respond to a biological threat or attack, 
     including training and planning to protect the health and 
     safety of those conducting such detection and response 
     activities;
       ``(D) a description of the cleanup and contamination 
     prevention efforts that may be implemented in the event of a 
     biological threat or attack;
       ``(E) a description of efforts to ensure that hospitals and 
     health care providers have adequate capacity and plans in 
     place to provide health care items and services (including 
     mental health services and services to meet the needs of 
     children and other vulnerable populations that may include 
     the provision of telehealth services) in the event of a 
     biological threat or attack; and
       ``(F) other information the Secretary may by regulation 
     require.
       ``Nothing in subparagraph (E) shall be construed to require 
     or recommend that States establish or maintain stockpiles of 
     vaccines, therapies, or other medical supplies.
       ``(4) Use of funds.--
       ``(A) In general.--In coordination with the activities 
     conducted under this section, an eligible entity shall use 
     amounts received under this section to--
       ``(i) conduct the assessment under section 319B to achieve 
     the capacities described in section 319A, if the assessment 
     has not previously been conducted;
       ``(ii) achieve the public health capacities developed under 
     section 319A; and
       ``(iii) carry out the plan under paragraph (3).
       ``(B) Additional uses.--In addition to the activities 
     described in subparagraph (A), an eligible entity may use 
     amounts received under this subsection to--
       ``(i) improve surveillance, detection, and response 
     activities to prepare for emergency response activities 
     including biological threats or attacks, including training 
     personnel in these and other necessary functions;
       ``(ii) carry out activities to improve communications and 
     coordination efforts within the eligible entity and between 
     the eligible entity and the Federal Government, including 
     activities to improve information technology and 
     communications equipment available to health care and public 
     health officials for use in responding to a biological threat 
     or attack or other public health emergency and including 
     early warning and surveillance networks that use advanced 
     information technology to provide early detection of 
     biological threats or attacks;
       ``(iii) plan for triage and transport management in the 
     event of a biological threat or attack;
       ``(iv) meet the special needs of children and other 
     vulnerable populations during and after a biological threat 
     or attack, including the expansion of 2-1-1 call centers or 
     other universal hotlines, or an alternative communication 
     plan to assist victims and their families in receiving timely 
     information;
       ``(v) improve the ability of hospitals and other health 
     care facilities to provide effective health care (including 
     mental health care) during and after a biological threat or 
     attack, including the development of model hospital 
     preparedness plans by a hospital accreditation organization 
     or similar organizations; and
       ``(vi) enhance the safety of workplaces in the event of a 
     biological threat or attack, except that nothing in this 
     clause shall be construed to create a new, or deviate from an 
     existing, authority to regulate, modify, or otherwise effect 
     safety and health rules and standards.
       ``(C) Prohibited uses.--An eligible entity may not use 
     amounts received under this subsection to--
       ``(i) provide inpatient services;
       ``(ii) make cash payments to intended recipients of health 
     services;
       ``(iii) purchase or improve land or purchase any building 
     or other facility;
       ``(iv) construct, repair, or alter any building or other 
     facility; or
       ``(v) satisfy any requirement for the expenditure of non-
     Federal funds as a condition for the receipt of Federal 
     funds.
       ``(5) Amount of grant.--
       ``(A) In general.--Except as provided in paragraph (2), the 
     amount awarded to a State, the District of Columbia, or a 
     territory under this subsection for a fiscal year shall be an 
     amount that bears the same ratio to the amount appropriated 
     under paragraph (9) for such fiscal year (and remaining after 
     amounts are made available under subparagraphs (C) and (D)) 
     as the total population of the State, District, or territory 
     bears to the total population of the United States.
       ``(B) Exceptions.--
       ``(i) Minimum amount with respect to states.--
     Notwithstanding subparagraph (A) and subject to the extent of 
     amounts made available under paragraph (9), a State may not 
     receive an award under this subsection for a fiscal year in 
     an amount that is less than--

       ``(I) $5,000,000 for any fiscal year in which the total 
     amount appropriated under this subsection equals or exceeds 
     $667,000,000; or
       ``(II) 0.75 percent of the total amount appropriated under 
     this subsection for any fiscal year in which such total 
     amount is less than $667,000,000.

       ``(ii) Extraordinary needs.--

       ``(I) In general.--Notwithstanding subparagraph (A) and 
     subject to the extent of amounts made available under 
     paragraph (9), the Secretary may provide additional funds to 
     a State, District, or territory under this subsection if the 
     Secretary determines that such State, District, or territory 
     has extraordinary needs with respect to bioterrorism 
     preparedness.
       ``(II) Finding with respect to the district of columbia.--
     As a result of the concentration of entities of national 
     significance located within the District of Columbia, 
     Congress finds that the District of Columbia has 
     extraordinary needs with respect to bioterrorism 
     preparedness, and the Secretary shall recognize such finding 
     for purposes of subclause (I).

       ``(C) Rule with respect to unexpended funds.--To the extent 
     that all the funds appropriated under paragraph (9) for a 
     fiscal year and available in such fiscal year are not 
     otherwise paid to eligible entities because--
       ``(i) one or more eligible entities have not submitted an 
     application or public health disaster plan in accordance with 
     paragraphs (2) and (3) for the fiscal year;
       ``(ii) one or more eligible entities have notified the 
     Secretary that they do not intend to use the full amount 
     awarded under this subsection; or
       ``(iii) some eligible entity amounts are offset or repaid;
     such excess shall be provided to each of the remaining 
     eligible entities in proportion to the amount otherwise 
     provided to such entities under this paragraph for the fiscal 
     year without regard to this subparagraph.
       ``(D) Availability of funds.--Any amount paid to an 
     eligible entity for a fiscal year under this subsection and 
     remaining unobligated at the end of such year shall remain 
     available for the next fiscal year to such entity for the 
     purposes for which it was made.
       ``(6) Indian tribes.--
       ``(A) In general.--If the Secretary--
       ``(i) receives a request from the governing body of an 
     Indian tribe or tribal organization

[[Page 27870]]

     within any State that funds under this subsection be provided 
     directly by the Secretary to such tribe or organization; and
       ``(ii) determines that the members of such tribe or tribal 
     organization would be better served by means of grants or 
     agreements made directly by the Secretary under this 
     subsection;
     the Secretary shall reserve from amounts which would 
     otherwise be provided to such State under this subsection for 
     the fiscal year the amount determined under subparagraph (B).
       ``(B) Amount.--The Secretary shall reserve for the purpose 
     of subparagraph (A) from amounts that would otherwise be paid 
     to such State under paragraph (1) an amount equal to the 
     amount which bears the same ratio to the amount awarded to 
     the State for the fiscal year involved as the population of 
     the Indian tribe or the individuals represented by the tribal 
     organization bears to the total population of the State.
       ``(C) Grant.--The amount reserved by the Secretary on the 
     basis of a determination under this paragraph shall be 
     granted to the Indian tribe or tribal organization serving 
     the individuals for whom such a determination has been made.
       ``(D) Plan.--In order for an Indian tribe or tribal 
     organization to be eligible for a grant for a fiscal year 
     under this paragraph, it shall submit to the Secretary a plan 
     for such fiscal year which meets such criteria as the 
     Secretary may prescribe.
       ``(E) Definitions.--In this paragraph, the terms `Indian 
     tribe' and `tribal organization' have the same meaning given 
     such terms in section 4(b) and section 4(c) of the Indian 
     Self-Determination and Education Assistance Act.
       ``(7) Withholding.--
       ``(A) Requirements.--
       ``(i) In general.--The Secretary shall, after adequate 
     notice and an opportunity for a hearing conducted within the 
     affected eligible entity, withhold or recoup funds from any 
     such entity that does not use amounts received under this 
     subsection in accordance with the requirements of this 
     subsection. The Secretary shall withhold or recoup such funds 
     until the Secretary finds that the reason for the withholding 
     or recoupment has been removed and there is reasonable 
     assurance that it will not recur.
       ``(ii) Investigation.--The Secretary may not institute 
     proceedings to withhold or recoup funds under clause (i) 
     unless the Secretary has conducted an investigation 
     concerning whether the eligible entity has used grant or 
     agreement amounts in accordance with the requirements of this 
     subsection. Investigations required by this clause shall be 
     conducted within the affected entity by qualified 
     investigators.
       ``(iii) Response to complaints.--The Secretary shall 
     respond in an expeditious manner to complaints of a 
     substantial or serious nature that an eligible entity has 
     failed to use funds in accordance with the requirements of 
     this subsection.
       ``(iv) Minor failures.--The Secretary may not withhold or 
     recoup funds under clause (i) from an eligible entity for a 
     minor failure to comply with the requirements of this 
     subsection.
       ``(B) Availability of information for inspection.--Each 
     eligible entity, and other entity which has received funds 
     under this section, shall make appropriate books, documents, 
     papers, and records available to the Secretary or the 
     Comptroller General of the United States, or any of their 
     duly authorized representatives, for examination, copying, or 
     mechanical reproduction on or off the premises of the 
     appropriate entity upon a reasonable request therefore.
       ``(C) Limitation on requests for information.--
       ``(i) In general.--In conducting any investigation in an 
     eligible entity, the Secretary or the Comptroller General of 
     the United States may not make a request for any information 
     not readily available to such eligible entity, or an entity 
     which has received funds under this subsection, or make an 
     unreasonable request for information to be compiled, 
     collected, or transmitted in any form not readily available.
       ``(ii) Judicial proceedings.--Clause (i) does not apply to 
     the collection, compilation, or transmittal of data in the 
     course of a judicial proceeding.
       ``(8) Definition.--In this subsection, the term `State' 
     means any of the several States.
       ``(9) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $667,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     fiscal year 2003, and no funds are authorized to be 
     appropriated for subsequent fiscal years.''.
       (b) Reauthorization of Other Programs.--Section 319F(i) of 
     the Public Health Service Act (42 U.S.C. 247d-6(i)) is 
     amended to read as follows:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to carry out subsection (d), $370,000,000 for fiscal 
     year 2002, and such sums as may be necessary for each 
     subsequent fiscal year through 2006; and
       ``(2) to carry out subsections (a), (b), and (e) through 
     (i), such sums as may be necessary for each of fiscal years 
     2002 through 2006.''.

   Subtitle B--Improving Local Preparedness and Response Capabilities

     SEC. 311. DESIGNATED BIOTERRORISM RESPONSE MEDICAL CENTERS.

       Section 319F of the Public Health Service Act (42 U.S.C. 
     247d-6) is amended--
       (1) by redesignating subsections (d) through (h) and (i), 
     as subsections (e) through (i) and (l), respectively; and
       (2) by inserting after subsection (c), the following:
       ``(d) Designated Bioterrorism Response Medical Centers.--
       ``(1) Grants.--The Secretary shall award project grants to 
     eligible entities to enable such entities, in a manner 
     consistent with applicable provisions of the Bioterrorism 
     Preparedness and Response Plan, to improve local and 
     bioterrorism response medical center preparedness.
       ``(2) Eligibility.--To be eligible for a grant under 
     paragraph (1), an entity shall--
       ``(A) be a consortium that consists of at least one entity 
     from each of the following categories--
       ``(i) a hospital including children's hospitals, clinic, 
     health center, or primary care facility;
       ``(ii) a political subdivision of a State; and
       ``(iii) a department of public health;
       ``(B) prepare, in consultation with the Chief Executive 
     Officer of the State, District, or territory in which the 
     hospital, clinic, health center, or primary care facility is 
     located, and submits to the Secretary, an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require;
       ``(C) within a reasonable period of time after receiving a 
     grant under paragraph (1), meet such technical guidelines as 
     may be applicable under paragraph (4); and
       ``(D) provide assurances satisfactory to the Secretary that 
     such entity shall, upon the request of the Secretary or the 
     Chief Executive Officer of the State, District, or territory 
     in which the entity is located, during the emergency period, 
     serve the needs of the emergency area, including providing 
     adequate health care capacity, serving as a regional resource 
     in the diagnosis, treatment, or care for persons, including 
     children and other vulnerable populations, exposed to a 
     biological threat or attack, and accepting the transfer of 
     patients, where appropriate.
       ``(3) Use of funds.--An entity that receives a grant under 
     paragraph (1) shall use funds received under the grant for 
     activities that include--
       ``(A) the training of health care professionals to enhance 
     the ability of such personnel to recognize the symptoms of 
     exposure to a potential biological threat or attack and to 
     provide treatment to those so exposed;
       ``(B) the training of health care professionals to 
     recognize and treat the mental health consequences of a 
     biological threat or attack;
       ``(C) increasing the capacity of such entity to provide 
     appropriate health care for large numbers of individuals 
     exposed to a biological threat or attack;
       ``(D) the purchase of reserves of vaccines, therapies, and 
     other medical supplies to be used until materials from the 
     Strategic National Pharmaceutical Stockpile arrive;
       ``(E) training and planning to protect the health and 
     safety of personnel involved in responding to a biological 
     threat or attack; or
       ``(F) other activities determined appropriate by the 
     Secretary.
       ``(4) Prohibited uses.--An eligible entity may not use 
     amounts received under this subsection to--
       ``(A) purchase or improve land or purchase any building or 
     other facility; or
       ``(B) construct, repair, or alter any building or facility.
       ``(6) Technical assistance.--Not later than 180 days after 
     the date of enactment of the Bioterrorism Preparedness Act of 
     2001, the Secretary shall develop and publish technical 
     guidelines relating to equipment, training, treatment, 
     capacity, and personnel, relevant to the status as a 
     bioterrorism response medical center and the Secretary may 
     provide technical assistance to eligible entities, including 
     assistance to address the needs of children and other 
     vulnerable populations.''.

     SEC. 312. DESIGNATED STATE PUBLIC EMERGENCY ANNOUNCEMENT 
                   PLAN.

       Section 613(b) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5196b(b)) is 
     amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(7) include a plan for providing information to the 
     public in a coordinated manner.''.

     SEC. 313. TRAINING FOR PEDIATRIC ISSUES SURROUNDING 
                   BIOLOGICAL AGENTS USED IN WARFARE AND 
                   TERRORISM.

       Section 319F(f) of the Public Health Service Act (42 U.S.C. 
     247d-6(e)), as so redesignated by section 311, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``(including mental health care)'' after 
     ``and care''; and
       (B) by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:

[[Page 27871]]

       ``(3) develop educational programs for health care 
     professionals, recognizing the special needs of children and 
     other vulnerable populations.''.

     SEC. 314. GENERAL ACCOUNTING OFFICE REPORT.

       Section 319F(h) of the Public Health Service Act (42 U.S.C. 
     247d-6(g)), as so redesignated by section 311, is amended--
       (1) by striking ``Not later than 180 days after the date of 
     the enactment of this section, the'' and inserting ``The'';
       (2) in paragraph (3), by striking ``and'' at the end;
       (3) in paragraph (4), by striking the period and inserting 
     a semicolon; and
       (4) by adding at the end the following:
       ``(5) the activities and cost of the Civil Support Teams of 
     the National Guard in responding to biological threats or 
     attacks against the civilian population;
       ``(6) the activities of the working group described in 
     subsection (a) and the efforts made by such group to carry 
     out the activities described in such subsection;
       ``(7) the activities and cost of the 2-1-1 call centers and 
     other universal hotlines; and
       ``(8) the activities and cost of the development and 
     improvement of public health laboratory capacity.''.

     SEC. 315. ADDITIONAL RESEARCH.

       Section 22 of the Occupational Safety and Health Act of 
     1970 (29 U.S.C. 671) is amended by adding at the end the 
     following:
       ``(h) Research Relating to Biological Threats or Attacks in 
     the Workplace.--The Director shall enhance and expand 
     research as deemed appropriate by the Director on the health 
     and safety of workers who are at risk for biological threats 
     or attacks in the workplace.''.

     SEC. 316. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) many excellent university-based programs are already 
     functioning and developing important biodefense products and 
     solutions throughout the United States;
       (2) accelerating the crucial work done at university 
     centers and laboratories will contribute significantly to the 
     United States capacity to defend against any biological 
     threat or attack;
       (3) maximizing the effectiveness of, and extending the 
     mission of, established university programs would be one 
     appropriate use of the additional resources provided for in 
     the Bioterrorism Preparedness Act of 2001; and
       (4) Congress recognizes the importance of existing public 
     and private university-based research, training, public 
     awareness, and safety related biological defense programs in 
     the awarding of grants and contracts made in accordance with 
     this Act.

     TITLE IV--DEVELOPING NEW COUNTERMEASURES AGAINST BIOTERRORISM

     SEC. 401. LIMITED ANTITRUST EXEMPTION.

       Section 2 of the Clayton Act (15 U.S.C. 13) is amended by 
     adding at the end the following:
       ``(g) Limited Antitrust Exemption.--
       ``(1) Countermeasures development meetings.--
       ``(A) Countermeasures development meetings and 
     consultations.--The Secretary may conduct meetings and 
     consultations with parties involved in the development of 
     priority countermeasures for the purpose of the development, 
     manufacture, distribution, purchase, or sale of priority 
     countermeasures consistent with the purposes of this title. 
     The Secretary shall give notice of such meetings and 
     consultations to the Attorney General and the Chairperson of 
     the Federal Trade Commission (referred to in this subsection 
     as the `Chairperson').
       ``(B) Meeting and consultation conditions.--A meeting or 
     consultation conducted under subparagraph (A) shall--
       ``(i) be chaired or, in the case of a consultation, 
     facilitated by the Secretary;
       ``(ii) be open to parties involved in the development, 
     manufacture, distribution, purchase, or sale of priority 
     countermeasures, as determined by the Secretary;
       ``(iii) be open to the Attorney General and the 
     Chairperson;
       ``(iv) be limited to discussions involving the development, 
     manufacture, distribution, or sale of priority 
     countermeasures, consistent with the purposes of this title; 
     and
       ``(v) be conducted in such manner as to ensure that 
     national security, confidential, and proprietary information 
     is not disclosed outside the meeting or consultation.
       ``(C) Minutes.--The Secretary shall maintain minutes of 
     meetings and consultations under this subsection, which shall 
     not be disclosed under section 552 of title 5, United States 
     Code.
       ``(D) Exemption.--The antitrust laws shall not apply to 
     meetings and consultations under this paragraph, except that 
     any agreement or conduct that results from a meeting or 
     consultation and that does not receive an exemption pursuant 
     to this subsection shall be subject to the antitrust laws.
       ``(2) Written agreements.--The Secretary shall file a 
     written agreement regarding covered activities, made pursuant 
     to meetings or consultations conducted under paragraph (1) 
     and that is consistent with this paragraph, with the Attorney 
     General and the Chairperson for a determination of the 
     compliance of such agreement with antitrust laws. In addition 
     to the proposed agreement itself, any such filing shall 
     include--
       ``(A) an explanation of the intended purpose of the 
     agreement;
       ``(B) a specific statement of the substance of the 
     agreement;
       ``(C) a description of the methods that will be utilized to 
     achieve the objectives of the agreement;
       ``(D) an explanation of the necessity of a cooperative 
     effort among the particular participating parties to achieve 
     the objectives of the agreement; and
       ``(E) any other relevant information determined necessary 
     by the Secretary in consultation with the Attorney General 
     and the Chairperson.
       ``(3) Determination.--The Attorney General, in consultation 
     with the Chairperson, shall determine whether an agreement 
     regarding covered activities referred to in paragraph (2) 
     would likely--
       ``(A) be in compliance with the antitrust laws, and so 
     inform the Secretary and the participating parties; or
       ``(B) violate the antitrust laws, in which case, the filing 
     shall be deemed to be a request for an exemption from the 
     antitrust laws, limited to the performance of the agreement 
     consistent with the purposes of this title.
       ``(4) Action on request for exemption.--
       ``(A) In general.--The Attorney General, in consultation 
     with the Chairperson, shall grant, deny, grant in part and 
     deny in part, or propose modifications to a request for 
     exemption from the antitrust laws under paragraph (3) within 
     15 days of the receipt of such request.
       ``(B) Extension.--The Attorney General may extend the 15-
     day period referred to in subparagraph (A) for an additional 
     period of not to exceed 10 days. Such additional period may 
     be further extended only by the United States district court, 
     upon an application by the Attorney General after notice to 
     the Secretary and the parties involved.
       ``(C) Determination.--In granting an exemption under this 
     paragraph, the Attorney General, in consultation with the 
     Chairperson and the Secretary--
       (i) must find--

       ``(I) that the agreement involved is necessary to ensure 
     the availability of priority countermeasures;
       ``(II) that the exemption from the antitrust laws would 
     promote the public interest; and
       ``(III) that there is no substantial competitive impact to 
     areas not directly related to the purposes of the agreement; 
     and

       ``(ii) may consider any other factors determined relevant 
     by the Attorney General and the Chairperson.
       ``(5) Limitation on and renewal of exemptions.--An 
     exemption granted under paragraph (4) shall be limited to 
     covered activities, and shall expire on the date that is 3 
     years after the date on which the exemption becomes effective 
     (and at 3 year intervals thereafter, if renewed) unless the 
     Attorney General in consultation with the Chairperson 
     determines that the exemption should be renewed (with 
     modifications, as appropriate) considering the factors 
     described in paragraph (4).
       ``(6) Limitation on parties.--The use of any information 
     acquired under an exempted agreement by the parties to such 
     an agreement for any purposes other than those specified in 
     the antitrust exemption granted by the Attorney General shall 
     be subject to the antitrust laws and any other applicable 
     laws.
       ``(7) Guidelines.--The Attorney General and the Chairperson 
     may develop and issue guidelines to implement this 
     subsection.
       ``(8) Report.--Not later than 1 year after the date of 
     enactment of the Bioterrorism Preparedness Act of 2001, and 
     annually thereafter, the Attorney General and the Chairperson 
     shall report to Congress on the use and continuing need for 
     the exemption from the antitrust laws provided by this 
     subsection.
       ``(9) Sunset.--The authority of the Attorney General to 
     grant or renew a limited antitrust exemption under this 
     subsection shall expire at the end of the 6-year period that 
     begins on the date of enactment of the Bioterrorism 
     Preparedness Act of 2001.
       ``(h) Definitions.--In this section and title XXVIII of the 
     Public Health Service Act:
       ``(1) Antitrust laws.--The term `antitrust laws'--
       ``(A) has the meaning given such term in subsection (a) of 
     the first section of the Clayton Act (15 U.S.C. 12(a)), 
     except that such term includes the Act of June 19, 1936 (15 
     U.S.C. 13 et seq.) commonly known as the Robinson-Patman 
     Act), and section 5 of the Federal Trade Commission Act (15 
     U.S.C. 45) to the extent such section 5 applies to unfair 
     methods of competition; and
       ``(B) includes any State law similar to the laws referred 
     to in subparagraph (A).
       ``(2) Covered activities.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `covered activities' means any group of activities 
     or conduct, including attempting to make, making, or 
     performing a contract or agreement or engaging in other 
     conduct, for the purpose of--
       ``(i) theoretical analysis, experimentation, or the 
     systematic study of phenomena or observable facts necessary 
     to the development of priority countermeasures;

[[Page 27872]]

       ``(ii) the development or testing of basic engineering 
     techniques necessary to the development of priority 
     countermeasures;
       ``(iii) the extension of investigative findings or theory 
     of a scientific or technical nature into practical 
     application for experimental and demonstration purposes, 
     including the experimental production and testing of models, 
     prototypes, equipment, materials, and processes necessary to 
     the development of priority countermeasures;
       ``(iv) the production, distribution, or marketing of a 
     product, process, or service that is a priority 
     countermeasures;
       ``(v) the testing in connection with the production of a 
     product, process, or services necessary to the development of 
     priority countermeasures;
       ``(vi) the collection, exchange, and analysis of research 
     or production information necessary to the development of 
     priority countermeasures; or
       ``(vii) any combination of the purposes described in 
     clauses (i) through (vi);
     and such term may include the establishment and operation of 
     facilities for the conduct of covered activities described in 
     clauses (i) through (vi), the conduct of such covered 
     activities on a protracted and proprietary basis, and the 
     processing of applications for patents and the granting of 
     licenses for the results of such covered activities.
       ``(B) Exception.--The term `covered activities' shall not 
     include the following activities involving 2 or more persons:
       ``(i) Exchanging information among competitors relating to 
     costs, sales, profitability, prices, marketing, or 
     distribution of any product, process, or service if such 
     information is not reasonably necessary to carry out the 
     purposes of covered activities.
       ``(ii) Entering into any agreement or engaging in any other 
     conduct--

       ``(I) to restrict or require the sale, licensing, or 
     sharing of inventions, developments, products, processes, or 
     services not developed through, produced by, or distributed 
     or sold through such covered activities; or
       ``(II) to restrict or require participation by any person 
     who is a party to such covered activities in other research 
     and development activities, that is not reasonably necessary 
     to prevent the misappropriation of proprietary information 
     contributed by any person who is a party to such covered 
     activities or of the results of such covered activities.

       ``(iii) Entering into any agreement or engaging in any 
     other conduct allocating a market with a competitor that is 
     not expressly exempted from the antitrust laws by a 
     determination under subsection (i)(4).
       ``(iv) Exchanging information among competitors relating to 
     production (other than production by such covered activities) 
     of a product, process, or service if such information is not 
     reasonably necessary to carry out the purpose of such covered 
     activities.
       ``(v) Entering into any agreement or engaging in any other 
     conduct restricting, requiring, or otherwise involving the 
     production of a product, process, or service that is not so 
     expressly exempted from the antitrust laws by a determination 
     under subsection (i)(4).
       ``(vi) Except as otherwise provided in this subsection, 
     entering into any agreement or engaging in any other conduct 
     to restrict or require participation by any person who is a 
     party to such activities, in any unilateral or joint activity 
     that is not reasonably necessary to carry out the purpose of 
     such covered activities.
       ``(3) Development.--The term `development' includes the 
     identification of suitable compounds or biological materials, 
     the conduct of preclinical and clinical studies, the 
     preparation of an application for marketing approval, and any 
     other actions related to preparation of a countermeasure.
       ``(4) Person.--The term `person' has the meaning given such 
     term in subsection (a) of the first section of the Clayton 
     Act (15 U.S.C. 12(a)).
       ``(5) Priority countermeasure.--The term `priority 
     countermeasure' means a countermeasure, including a drug, 
     medical device, biological product, or diagnostic test to 
     treat, identify, or prevent infection by a biological agent 
     or toxin on the list developed under section 351A(a)(1) and 
     prioritized under subsection (a)(1).''.

     SEC. 402. DEVELOPING NEW COUNTERMEASURES AGAINST 
                   BIOTERRORISM.

       Title XXVIII of the Public Health Service Act, as added by 
     section 101 and amended by section 201, is further amended by 
     adding at the end the following:

   ``Subtitle B--Developing New Countermeasures Against Bioterrorism

     ``SEC. 2841. SMALLPOX VACCINE AND OTHER VACCINE DEVELOPMENT.

       ``(a) In General.--The Secretary shall award contracts, 
     enter into cooperative agreements, or carry out such other 
     activities as may reasonably be required in order to ensure 
     that the stockpile described in section 2812 shall include 
     the number of doses of vaccine against smallpox and other 
     such vaccines determined by the Secretary to be sufficient to 
     meet the needs of the population of the United States.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed to limit the private distribution, purchase, or 
     sale of vaccines from sources other than the stockpile 
     described in subsection (a).
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $509,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each of fiscal years 2003 through 2006.

     ``SEC. 2842. CONTRACT AUTHORITY FOR PRIORITY COUNTERMEASURES.

       ``(a) In General.--The Secretary shall, to the extent the 
     Secretary determines necessary to achieve the purposes of 
     this title, enter into long-term contracts and comparable 
     grants or cooperative agreements, for the purpose of--
       ``(1) ensuring the development of priority countermeasures 
     that are necessary to prepare for a bioterrorist attack or 
     other significant disease emergency;
       ``(2) securing the manufacture, distribution, and adequate 
     supply of such countermeasures, including through the 
     development of novel production methods for such 
     countermeasures;
       ``(3) maintaining the Strategic National Pharmaceutical 
     Stockpile under section 2812; and
       ``(4) carrying out such other activities determined 
     appropriate by the Secretary to achieve the purposes of this 
     title.
       ``(b) Terms of Contracts.--Notwithstanding any other 
     provision of law, the Secretary may enter into a contract or 
     cooperative agreement under subsection (a) prior to the 
     development, approval, or clearance of the countermeasure 
     that is the subject of the contract. The contract or 
     cooperative agreement may provide for its termination for the 
     convenience of the Federal Government if the contractor does 
     not develop the countermeasure involved. Such a contract or 
     cooperative agreement may--
       ``(1) involve one or more aspects of the development, 
     manufacture, purchase, or distribution of one or more uses of 
     one or more countermeasures; and
       ``(2) set forth guaranteed minimum quantities of products 
     and negotiated unit prices.

     ``SEC. 2843. SECURITY FOR COUNTERMEASURE DEVELOPMENT AND 
                   PRODUCTION.

       ``(a) In General.--The Secretary, in consultation with the 
     Attorney General and the Secretary of Defense, may provide 
     technical or other assistance, to provide security to persons 
     or facilities that conduct development, production, 
     distribution, or storage of priority countermeasures.
       ``(b) Best Practices.--The Secretary shall develop 
     guidelines and best practices to enable entities eligible to 
     receive assistance under this section to secure their 
     facilities against potential terrorist attack.''.

     SEC. 403. SEQUENCING OF PRIORITY PATHOGENS.

       Section 319F(g) of the Public Health Service Act (42 U.S.C. 
     247d-6(f)), as so redesignated by section 311, is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3), the following:
       ``(4) the sequencing of the genomes of priority pathogens 
     as determined appropriate by the Director of the National 
     Institutes of Health, in consultation with the working group 
     established in subsection (a); and''.

     SEC. 404. ACCELERATED COUNTERMEASURE RESEARCH AND 
                   DEVELOPMENT.

       Section 319F(g) of the Public Health Service Act (42 U.S.C. 
     247d-6(f)), as so redesignated by section 311 and amended by 
     section 403, is further amended--
       (1) by redesignating paragraphs (1) through (5), as 
     subparagraphs (A) through (E), respectively and indenting 
     appropriately;
       (2) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (3) by adding at the end the following:
       ``(2) Accelerated countermeasure research and 
     development.--
       ``(A) In general.--The Secretary shall conduct, and award 
     grants, contracts, or cooperative agreements for, research, 
     investigations, experiments, demonstrations, and studies in 
     the health sciences relating to--
       ``(i) the epidemiology and pathogenesis of biological 
     agents or toxins of potential use in a bioterrorist attack;
       ``(ii) the development of new vaccines and therapeutics for 
     use against biological agents or toxins of potential use in a 
     bioterrorist attack;
       ``(iii) the development of diagnostic tests to detect 
     biological agents or toxins of potential use in a 
     bioterrorist attack; and
       ``(iv) other relevant areas of research;
     with consideration given to the needs of children and other 
     vulnerable populations.
       ``(B) Priority.--The Secretary shall give priority under 
     this paragraph to the funding of research and other studies 
     related to priority countermeasures.''.

     SEC. 405. ACCELERATED APPROVAL OF PRIORITY COUNTERMEASURES.

       (a) In General.--The Secretary of Health and Human Services 
     may designate a priority countermeasure as a fast-track 
     product pursuant to section 506 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 356) or as a device granted 
     priority review pursuant to section 515(d)(5) of such Act (21 
     U.S.C. 366e(d)(5)). Such a designation may be made prior to 
     the submission of--
       (1) a request for designation by the sponsor or applicant; 
     or

[[Page 27873]]

       (2) an application for the investigation of the drug under 
     section 505(i) of such Act or section 351(a)(3) of the Public 
     Health Service Act.
     Nothing in this subsection shall be construed to prohibit a 
     sponsor or applicant from declining such a designation.
       (b) Use of Animal Trials.--A drug for which approval is 
     sought under section 505(d) of the Federal Food, Drug, and 
     Cosmetic Act or section 351 of the Public Health Service Act 
     on the basis of evidence of effectiveness that is derived 
     from animal studies under section 406 may be designated as a 
     fast track product for purposes of this section.
       (c) Priority Review.--
       (1) In general.--A priority countermeasure that is a drug 
     or biological product shall be subject to the performance 
     goals established by the Commissioner of Food and Drugs for 
     priority drugs or biological products.
       (2) Definition.--In this subsection the term ``priority 
     drugs or biological products'' means a drug or biological 
     product that is the subject of a drug application referred to 
     in section 101(4) of the Food and Drug Administration 
     Modernization Act of 1997.

     SEC. 406. USE OF ANIMAL TRIALS IN THE APPROVAL OF PRIORITY 
                   COUNTERMEASURES.

       Not later than 30 days after the date of enactment of this 
     Act, the Secretary of Health and Human Services shall issue a 
     final rule for the proposal entitled ``New Drug and 
     Biological Drug Products; Evidence Needed to Demonstrate 
     Efficacy of New Drugs for Use Against Lethal or Permanently 
     Disabling Toxic Substances When Efficacy Studies in Humans 
     Ethically Cannot be Conducted'' as published in the Federal 
     Register on October 5, 1999 (64 Fed. Reg.).

     SEC. 407. MISCELLANEOUS PROVISIONS.

       Title XXVIII of the Public Health Service Act, as added by 
     section 101 and amended by section 403, is further amended by 
     adding at the end the following:

                 ``Subtitle C--Miscellaneous Provisions

     ``SEC. 2851. SUPPLEMENT NOT SUPPLANT.

       ``A State or local government, or other entity to which a 
     grant, contract, or cooperative agreement is awarded under 
     this title, may not use amounts received under the grant, 
     contract, or cooperative agreement to supplant expenditures 
     by the entity for activities provided for under this title, 
     but shall use such amounts only to supplement such 
     expenditures at a level at least equal to the level of such 
     expenditures for fiscal year 2001 (excluding those 
     additional, extraordinary expenditures that may have been 
     made after September 10, 2001).''.

     TITLE V--PROTECTING THE SAFETY AND SECURITY OF THE FOOD SUPPLY

     Subtitle A--General Provisions to Expand and Upgrade Security

     SEC. 511. FOOD SAFETY AND SECURITY STRATEGY.

       (a) In General.--The President's Council on Food Safety (as 
     established by Executive Order 13100), the Secretary of 
     Commerce, and the Secretary of Transportation, shall, in 
     consultation with the food industry and consumer and producer 
     groups, and the States, develop a crisis communications and 
     education strategy with respect to bioterrorist threats to 
     the food supply. Such strategy shall address threat 
     assessments, response and notification procedures, and risks 
     communications to the public.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated, $500,000 for fiscal year 2002, and such 
     sums as may be necessary in each subsequent fiscal year to 
     implement the strategy developed under subsection (a) in 
     cooperation with the Secretary of Agriculture, the Secretary 
     of Health and Human Services, and the Administrator of the 
     Environmental Protection Agency.

     SEC. 512. EXPANSION OF ANIMAL AND PLANT HEALTH INSPECTION 
                   SERVICE ACTIVITIES.

       (a) In General.--The Secretary of Agriculture (referred to 
     in this section as the ``Secretary'') shall enhance and 
     expand the capacity of the Animal and Plant Health Inspection 
     Service through the conduct of activities to--
       (1) increase the inspection capacity of the Service at 
     international points of origin;
       (2) improve surveillance at ports of entry and customs;
       (3) enhance methods of protecting against the introduction 
     of plant and animal disease organisms by terrorists;
       (4) adopt new strategies and technologies for dealing with 
     intentional outbreaks of plant and animal disease arising 
     from acts of terrorism or from unintentional introduction, 
     including--
       (A) establishing cooperative agreements among Veterinary 
     Services of the Animal and Plant Health Inspection Service, 
     State animal health commissions and regulatory agencies for 
     livestock and poultry health, and private veterinary 
     practitioners to enhance the preparedness and ability of 
     Veterinary Services and the commissions and agencies to 
     respond to outbreaks of such animal diseases; and
       (B) strengthening planning and coordination with State and 
     local agencies, including--
       (i) State animal health commissions and regulatory agencies 
     for livestock and poultry health; and
       (ii) State agriculture departments; and
       (5) otherwise expand the capacity of the Service to protect 
     against the threat of bioterrorism.
       (b) High-Tech Agriculture Early Warning and Emergency 
     Response System.--
       (1) In general.--To provide the agricultural system of the 
     United States with a new, enhanced level of protection and 
     biosecurity that does not exist on the date of enactment of 
     this Act, the Secretary of Agriculture, in coordination with 
     the Secretary of Health and Human Services, shall implement a 
     fully secure surveillance and response system that utilizes, 
     or is capable of utilizing, field test devices capable of 
     detecting biological threats to animals and plants and that 
     electronically integrates the devices and the tests on a 
     real-time basis into a comprehensive surveillance, incident 
     management, and emergency response system.
       (2) Expansion of system.--The Secretary shall expand the 
     system implemented under paragraph (1) as soon as practicable 
     to include other Federal agencies and the States where 
     appropriate and necessary to enhance the protection of the 
     food and agriculture system of the United States. To 
     facilitate the expansion of the system, the Secretary shall 
     award grants to States.
       (c) Automated Recordkeeping System.--The Administrator of 
     the Animal and Plant Health Inspection Service shall 
     implement a central automated recordkeeping system to provide 
     for the reliable tracking of the status of animal and plant 
     shipments, including those shipments on hold at ports of 
     entry and customs. The Secretary shall ensure that such a 
     system shall be fully accessible to or fully integrated with 
     the Food Safety Inspection Service.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $30,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     subsequent fiscal year.

     SEC. 513. EXPANSION OF FOOD SAFETY INSPECTION SERVICE 
                   ACTIVITIES.

       (a) In General.--The Secretary of Agriculture shall enhance 
     and expand the capacity of the Food Safety Inspection Service 
     through the conduct of activities to--
       (1) enhance the ability of the Service to inspect and 
     ensure the safety and wholesomeness of meat and poultry 
     products;
       (2) improve the capacity of the Service to inspect 
     international meat and meat products, poultry and poultry 
     products, and egg products at points of origin and at ports 
     of entry;
       (3) strengthen the ability of the Service to collaborate 
     with relevant agencies within the Department of Agriculture 
     and with other entities in the Federal Government, the 
     States, and Indian tribes through the sharing of information 
     and technology; and
       (4) otherwise expand the capacity of the Service to protect 
     against the threat of bioterrorism.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $15,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     subsequent fiscal year.

     SEC. 514. EXPANSION OF FOOD AND DRUG ADMINISTRATION 
                   ACTIVITIES.

       (a) In General.--The Secretary of Health and Human Services 
     shall expand the capacity of the Food and Drug Administration 
     to--
       (1) increase inspections to ensure the safety of the food 
     supply consistent with the amendments made by subtitle B; and
       (2) improve linkages between the Agency and other 
     regulatory agencies of the Federal Government, the States, 
     and Indian tribes with shared responsibilities.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $59,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     subsequent fiscal year.

     SEC. 515. BIOSECURITY UPGRADES AT THE DEPARTMENT OF 
                   AGRICULTURE.

       There is authorized to be appropriated for fiscal year 
     2002, $180,000,000 to enable the Agricultural Research 
     Service to conduct building upgrades to modernize existing 
     facilities, of which (1) $100,000,000 is allocated for 
     renovation, updating, and expansion of the Biosafety Level 3 
     laboratory and animal research facilities at the Plum Island 
     Animal Disease Center (Greenport, New York), and of which (2) 
     $80,000,000 is allocated for the Agricultural Research 
     Service/Animal and Plant Health Inspection Service facility 
     in Ames, Iowa. There is authorized to be appropriated such 
     sums as may be necessary in fiscal years 2003 through 2006 
     for (1), (2) and the planning and design of an Agricultural 
     Research Service biocontainment laboratory for poultry 
     research in Athens, Georgia, and the planning, updating, and 
     renovation of the Arthropod-Borne Animal Disease Laboratory 
     in Laramie, Wyoming.

     SEC. 516. BIOSECURITY UPGRADES AT THE DEPARTMENT OF HEALTH 
                   AND HUMAN SERVICES.

       The Secretary of Health and Human Services shall take such 
     actions as may be necessary to secure existing facilities of 
     the Department of Health and Human Services where potential 
     animal and plant pathogens are housed or researched.

     SEC. 517. AGRICULTURAL BIOSECURITY.

       (a) Land Grant Assessments.--

[[Page 27874]]

       (1) In general.--The Secretary of Agriculture (referred to 
     in this section as the ``Secretary'') shall establish minimum 
     security standards and award grants to land grant 
     universities to conduct security needs assessments and to 
     plan for improvement of--
       (A) the security of all facilities where hazardous 
     biological agents and toxins are stored or used for 
     agricultural research purposes; and
       (B) communication networks that transmit information about 
     hazardous biological agents and toxins.
       (2) Availability of standards.--Not later than 45 days 
     after the establishment of security standards under paragraph 
     (1), the Secretary shall make such standards available to 
     land grant universities.
       (3) Grants.--Not later than 45 days after the date of 
     enactment of this Act, the Secretary shall award grants, not 
     to exceed $50,000 each, to land grant universities to enable 
     such universities to conduct a security needs assessment and 
     plan activities to improve security. Such an assessment shall 
     be completed not later than 45 days after the date on which 
     such grant funds are received.
       (b) National Hazardous Agent Inventory.--The Secretary 
     shall carry out activities necessary to develop a national 
     inventory of hazardous biological agents and toxins contained 
     in agricultural research facilities. Such activities shall 
     include developing and distributing a model inventory 
     procedure, developing secure means of transmitting inventory 
     information, and conducting annual inventory activities. The 
     inventory shall be developed in coordination with, or as a 
     component of, similar systems in existence on the date of 
     enactment of this Act.
       (c) Screening Protocol.--The Secretary shall establish a 
     national protocol for the screening of individuals who 
     require access to agricultural research facilities in a 
     manner that provides for the protection of personal privacy.
       (d) Industry-On-Farm Education.--
       (1) In general.--The Secretary shall develop and implement 
     a program to provide education relating to farms, livestock 
     confinement operations, and livestock auction biosecurity to 
     prevent the intentional or accidental introduction of a 
     foreign animal disease and to attempt to discover the 
     introduction of such a disease before it can spread into an 
     outbreak. Biosecurity for livestock includes animal 
     quarantine procedures, blood testing of new arrivals, farm 
     locations, control of human movement onto farms and holding 
     facilities, control of vermin, and movement of vehicles onto 
     farms.
       (2) Quarantine and testing.--The Secretary shall develop 
     and disseminate through educational programs animal 
     quarantine and testing guidelines to enable farmers and 
     producers to better monitor new arrivals. Any educational 
     seminars and training carried out by the Secretary under this 
     paragraph shall emphasize the economic benefits of 
     biosecurity and the profound negative impact of an outbreak.
       (3) Crop guidelines.--The Secretary may develop guidelines 
     and educational materials relating to biosecurity issues to 
     be distributed to local crop producers and facilities that 
     handle, process, or transport crops.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $20,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     subsequent fiscal year, of which not less than $5,000,000 
     shall be made available in fiscal year 2002 for activities 
     under subsection (a).

     SEC. 518. BIOSECURITY OF FOOD MANUFACTURING, PROCESSING, AND 
                   DISTRIBUTION.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary''), in 
     consultation with the Attorney General, may award grants, 
     contracts, or cooperative agreements to enable food 
     manufacturers, food processors, food distributors, and other 
     entities regulated by the Secretary to ensure the safety of 
     food through the development and implementation of 
     educational programs to ensure the security of their 
     facilities and modes of transportation against potential 
     bioterrorist attack.
       (b) Best Practices.--The Secretary may develop best 
     practices to enable entities eligible for funding under this 
     section to secure their facilities and modes of 
     transportation against potential bioterrorist attacks.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $500,000 in 
     fiscal year 2002, and such sums as may be necessary for each 
     fiscal year thereafter.

               Subtitle B--Protection of the Food Supply

     SEC. 531. ADMINISTRATIVE DETENTION.

       (a) Expanded Authority.--Section 304 of the Federal Food, 
     Drug and Cosmetic Act (21 U.S.C. 334) is amended by adding at 
     the end the following:
       ``(h) Administrative Detention of Foods.--
       ``(1) Authority.--Any officer or qualified employee of the 
     Food and Drug Administration may order the detention, in 
     accordance with this subsection, of any article of food that 
     is found during an inspection, examination, or investigation 
     under this Act conducted by such officer or qualified 
     employee, if the officer or qualified employee has credible 
     evidence or information indicating that the article is in 
     violation of this Act and presents a threat of serious 
     adverse health consequences or death to humans or animals.
       ``(2) Period of detention; approval by secretary or 
     secretary's designee.--
       ``(A) Duration.--An article of food may be detained under 
     this subsection for a reasonable period, not to exceed 20 
     days, unless a greater period of time, not to exceed 30 days, 
     is necessary to enable the Secretary to institute an action 
     under subsection (a) or section 302.
       ``(B) Secretary's approval.--Before an article of food may 
     be ordered detained under this subsection, the Secretary or 
     an officer or qualified employee designated by the Secretary 
     must approve such order, after determining that the article 
     presents a threat of serious adverse health consequences or 
     death to humans or animals.
       ``(3) Security of detained article.--A detention order 
     under this subsection with respect to an article of food may 
     require that the article be labeled or marked as detained, 
     and may require that the article be removed to a secure 
     facility. An article subject to a detention order under this 
     subsection shall not be moved by any person from the place at 
     which it is ordered detained until released by the Secretary, 
     or the expiration of the detention period applicable to such 
     order, whichever occurs first.
       ``(4) Appeal of detention order.--Any person who would be 
     entitled to claim a detained article if it were seized under 
     subsection (a) may appeal to the Secretary the detention 
     order under this subsection. Within 15 days after such an 
     appeal is filed, the Secretary, after affording opportunity 
     for an informal hearing, shall by order confirm the detention 
     order or revoke it.
       ``(5) Perishable foods.--The Secretary shall provide in 
     regulation or in guidance for procedures for instituting and 
     appealing on an expedited basis administrative detention of 
     perishable foods.''.
       (b) Prohibited Act.--Section 301 of the Federal Food, Drug 
     and Cosmetic Act (21 U.S.C. 331) is amended by adding at the 
     end the following new subsection:
       ``(bb) The movement of an article of food in violation of 
     an order under section 304(h), or the removal or alteration 
     of any mark or label required by the order in order to 
     identify the article as detained.''.

     SEC. 532. DEBARMENT FOR REPEATED OR SERIOUS FOOD IMPORT 
                   VIOLATIONS.

       (a) Debarment Authority.--
       (1) Permissive debarment.--Section 306(b)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b)(1)) is 
     amended--
       (A) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (B) by adding at the end the following:
       ``(C) a person from importing a food or offering a food for 
     import into the United States if--
       ``(i) the person has been convicted of a felony for conduct 
     relating to the importation into the United States of any 
     food; or
       ``(ii) the person has engaged in a pattern of importing or 
     offering for import adulterated food that presents a threat 
     of serious adverse health consequences or death to humans or 
     animals.''.
       (2) Conforming amendment.--Section 306(b)(2) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b)(2)) is 
     amended--
       (A) in the paragraph heading, by inserting ``relating to 
     drug applications'' after ``Debarment''; and
       (B) in the matter preceding subparagraph (A), by striking 
     ``paragraph (1)'' and inserting ``subparagraphs (A) and (B) 
     of paragraph (1)''.
       (3) Debarment period.--Section 306(c)(2)(A)(iii) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     335a(c)(2)(A)(iii)) is amended by striking ``subsection 
     (b)(2)'' and inserting ``subsection (b)(1)(C) or (b)(2)''.
       (4) Termination of debarment.--Section 306(d)(3) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(d)(3)) 
     is amended--
       (A) in subparagraph (A)(i), by striking ``or (b)(2)(A)'' 
     and inserting ``, or (b)(2)(A), or (b)(1)(C)'';
       (B) in subparagraph (A)(ii)(II), by inserting ``in 
     applicable cases,'' before ``sufficient audits''; and
       (C) in subparagraph (B), in each of clauses (i) and (ii), 
     by inserting ``or (b)(1)(C)'' after ``(b)(2)(B)''.
       (5) Effective dates.--Section 306(l)(2) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 335a(l)(2)) is 
     amended--
       (A) in the first sentence, by inserting ``and subsection 
     (b)(1)(C)'' after ``subsection (b)(2)(B)''; and
       (B) in the second sentence, by striking ``and subsections 
     (f) and (g) of this section'' and inserting ``subsections (f) 
     and (g), and subsection (b)(1)(C)''.
       (b) Conforming Amendment.--Section 402 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding 
     at the end the following:
       ``(h) If it is an article of food imported or offered for 
     import into the United States by, with the assistance of, or 
     at the direction of, a person debarred under section 
     306(b)(1)(C).''.

     SEC. 533. MAINTENANCE AND INSPECTION OF RECORDS FOR FOODS.

       (a) In General.--Chapter IV of the Federal Food, Drug and 
     Cosmetic Act (21 U.S.C. 341

[[Page 27875]]

     et seq.) is amended by adding at the end the following:

     ``SEC. 414. MAINTENANCE AND INSPECTION OF RECORDS.

       ``(a) In General.--If the Secretary has reason to believe 
     that an article of food is adulterated or misbranded under 
     this Act and presents a threat of serious adverse health 
     consequences or death to humans or animals, each person 
     (excluding restaurants and farms) that manufactures, 
     processes, packs, distributes, receives, holds, or imports 
     such food shall, at the request of an officer or employee 
     duly designated by the Secretary, permit such officer or 
     employee, upon presentation of appropriate credentials and a 
     written notice to such person, at reasonable times and within 
     reasonable limits and in a reasonable manner, to have access 
     to and to copy all records relating to such food that may 
     assist the Secretary to determine the cause and scope of the 
     violation. This requirement applies to all records relating 
     to such manufacture, processing, packing, distribution, 
     receipt, holding, or importation of such food maintained by 
     or on behalf of such person in any format (including paper 
     and electronic formats) and at any location.
       ``(b) Regulations Concerning Recordkeeping.--The Secretary 
     shall promulgate regulations regarding the maintenance and 
     retention of records for inspection for not longer than 2 
     years by persons (excluding restaurants and farms) that 
     manufacture, process, pack, transport, distribute, receive, 
     hold, or import food, as may be needed to allow the 
     Secretary--
       ``(1) to promptly trace the source and chain of 
     distribution of food and its packaging to address threats of 
     serious adverse health consequences or death to humans or 
     animals; or
       ``(2) to determine whether food manufactured, processed, 
     packed, or held by the person may be adulterated or 
     misbranded to the extent that it presents a threat of serious 
     adverse health consequences or death to humans or animals 
     under this Act.
     The Secretary may impose reduced requirements under such 
     regulations for small businesses with 50 or fewer employees.
       ``(c) Limitations.--Nothing in this section shall be 
     construed--
       ``(1) to limit the authority of the Secretary to inspect 
     records or to require maintenance of records under any other 
     provision of or regulations issued under this Act;
       ``(2) to authorize the Secretary to impose any requirements 
     with respect to a food to the extent that it is within the 
     exclusive jurisdiction of the Secretary of Agriculture 
     pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et 
     seq.);
       ``(3) to extend to recipes for food, financial data, sales 
     data other than shipment data, pricing data, personnel data, 
     or research data; or
       ``(4) to alter, amend, or affect in any way the disclosure 
     or nondisclosure under section 552 of title 5, United States 
     Code, of information copied or collected under this section, 
     or its treatment under section 1905 of title 18, United 
     States Code.''.
       (b) Factory Inspection.--Section 704(a) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)) is amended--
       (1) in paragraph (1), by adding after the first sentence 
     the following: ``In the case of any person (excluding 
     restaurants and farms) that manufactures, processes, packs, 
     transports, distributes, receives, holds, or imports foods, 
     the inspection shall extend to all records and other 
     information described in section 414(a), or required to be 
     maintained pursuant to section 414(b).''; and
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``second sentence'' and inserting ``third 
     sentence''.
       (c) Prohibited Act.--Section 301 of the Federal Food, Drug 
     and Cosmetic Act (21 U.S.C. 331) is amended--
       (1) in subsection (e)--
       (A) by striking ``by section 412, 504, or 703'' and 
     inserting ``by section 412, 414, 504, 703, or 704(a)''; and
       (B) by striking ``under section 412'' and inserting ``under 
     section 412, 414(b)''; and
       (2) in section (j), by inserting ``414,'' after ``412,''.
       (d) Expedited Rulemaking.--Not later than 18 months after 
     the date of enactment of this Act, the Secretary shall 
     promulgate proposed and final regulations establishing 
     recordkeeping requirements under subsection 414(b)(1) of the 
     Federal Food, Drug, and Cosmetic Act.

     SEC. 534. REGISTRATION OF FOOD MANUFACTURING, PROCESSING, AND 
                   HANDLING FACILITIES.

       (a) In General.--Chapter IV of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 341 et seq.), as amended by section 
     533, is further amended by adding at the end the following:

     ``SEC. 415. REGISTRATION OF FOOD MANUFACTURING, PROCESSING, 
                   AND HANDLING FACILITIES.

       ``(a) Registration.--
       ``(1) In general.--Any facility engaged in manufacturing, 
     processing, or handling food for consumption in the United 
     States shall be registered with the Secretary. To be 
     registered--
       ``(A) for a domestic facility, the owner, operator, or 
     agent in charge of the facility shall submit a registration 
     to the Secretary; and
       ``(B) for a foreign facility, the owner, operator, or agent 
     in charge of the facility shall submit a registration to the 
     Secretary and shall include with the registration the name of 
     the United States agent for the facility.
       ``(2) Registration.--An entity (referred to in this section 
     as the `registrant') shall submit a registration under 
     paragraph (1) to the Secretary containing information 
     necessary to notify the Secretary of the name and address of 
     each facility at which, and all trade names under which, the 
     registrant conducts business and, when determined necessary 
     by the Secretary through guidance, the general food category 
     (as identified under section 170.3 of title 21, Code of 
     Federal Regulations) of any food manufactured, processed, or 
     handled at such facility. The registrant shall notify the 
     Secretary in a timely manner of changes to such information.
       ``(3) Procedure.--Upon receipt of a completed registration 
     described in paragraph (1), the Secretary shall notify the 
     registrant of the receipt of such registration and assign a 
     registration number to each registered facility.
       ``(4) List.--The Secretary shall compile and maintain an 
     up-to-date list of facilities that are registered under this 
     section. Such list and other information required to be 
     submitted under this subsection shall not be subject to the 
     disclosure requirements of section 552 of title 5, United 
     States Code.
       ``(b) Exemption Authority.--The Secretary may by regulation 
     exempt types of retail establishments or farms from the 
     requirements of subsection (a) if the Secretary determines 
     that the registration of such facilities is not needed for 
     effective enforcement of chapter IV and any regulations 
     issued under such chapter.
       ``(c) Facility.--In this section, the term `facility' 
     includes any factory, warehouse, or establishment (including 
     a factory, warehouse, or establishment of an importer), that 
     manufactures, handles, or processes food. Such term does not 
     include restaurants.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to authorize the Secretary to require an 
     application, review, or licensing process.''.
       (b) Misbranded Foods.--Section 403 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding 
     at the end the following:
       ``(t) If it is a food from a facility for which 
     registration has not been submitted to the Secretary under 
     section 415(a).''.
       (c) Effective Date.--The amendment made by subsection (b) 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC. 535. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.

       (a) Prior Notice of Imported Food Shipments.--Section 801 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) 
     is amended by adding at the end the following:
       ``(j) Prior Notice of Imported Food Shipments.--
       ``(1) In general.--At least 4 hours before a food is 
     imported or offered for importation into the United States, 
     the producer, manufacturer, or shipper of the food shall 
     provide documentation to the Secretary of the Treasury and 
     the Secretary of Health and Human Services that--
       ``(A) identifies--
       ``(i) the food;
       ``(ii) the countries of origin of the food; and
       ``(iii) the quantity to be imported; and
       ``(B) includes such other information as the Secretary of 
     Health and Human Services may require by regulation.
       ``(2) Refusal of admission.--If documentation is not 
     provided as required by paragraph (1) at least 4 hours before 
     the food is imported or offered for importation, the food may 
     be refused admission.
       ``(3) Limitation.--Nothing in this subsection shall be 
     construed to authorize the Secretary to impose any 
     requirements with respect to a food to the extent that it is 
     within the exclusive jurisdiction of the Secretary of 
     Agriculture pursuant to the Federal Meat Inspection Act (21 
     U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 
     U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 
     U.S.C. 1031 et seq.).''.
       (b) Prohibition of Knowingly Making False Statements.--
     Section 301 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 331), as amended by section 531(b), is further amended 
     by inserting after subsection (bb) the following:
       ``(cc) Knowingly making a false statement in documentation 
     required under section 801(j).''.

     SEC. 536. AUTHORITY TO MARK REFUSED ARTICLES.

       (a) Misbranded Foods.--Section 403 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 
     534(b), is further amended by adding at the end the 
     following:
       ``(u) If--
       ``(1) it has been refused admission under section 801(a);
       ``(2) it has not been required to be destroyed under 
     section 801(a);
       ``(3) the packaging of it does not bear a label or labeling 
     described in section 801(a); and
       ``(4) it presents a threat of serious adverse health 
     consequences or death to humans or animals.''.

[[Page 27876]]

       (b) Requirement.--Section 801(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(a)) is amended by adding at 
     the end the following: ``The Secretary of Health and Human 
     Services may require the owner or consignee of a food that 
     has been refused admission under this section, and has not 
     been required to be destroyed, to affix to the packaging of 
     the food a label or labeling that--
       ``(1) clearly and conspicuously bears the statement: 
     `United States: Refused Entry';
       ``(2) is affixed to the packaging until the food is brought 
     into compliance with this Act; and
       ``(3) has been provided at the expense of the owner or 
     consignee of the food.''.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the Secretary of Health 
     and Human Services or the Secretary of the Treasury to 
     require the marking of refused articles under any other 
     provision of law.

     SEC. 537. AUTHORITY TO COMMISSION OTHER FEDERAL OFFICIALS TO 
                   CONDUCT INSPECTIONS.

       Section 702(a) of the Federal Food, Drug and Cosmetic Act 
     (21 U.S.C. 372(a)) is amended in the first sentence--
       (1) by inserting ``qualified'' before ``employees''; and
       (2) by inserting ``or of other Federal Departments or 
     agencies, notwithstanding any other provision of law 
     restricting the use of a Department's or agency's officers, 
     employees, or funds,'' after ``officers and qualified 
     employees of the Department''.

     SEC. 538. PROHIBITION AGAINST PORT SHOPPING.

       Section 402 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 342), as amended by section 532(b), is further amended 
     by adding at the end the following:
       ``(i) If it is an article of food imported or offered for 
     import into the United States and the article of food has 
     previously been refused admission under section 801(a), 
     unless the person reoffering the article affirmatively 
     establishes, at the expense of the owner or consignee of the 
     article, that the article complies with the applicable 
     requirements of this Act, as determined by the Secretary.''.

     SEC. 539. GRANTS TO STATES FOR INSPECTIONS.

       Chapter IX of the Federal Food, Drug and Cosmetic Act (21 
     U.S.C. 391 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 910. GRANTS TO STATES FOR INSPECTIONS.

       ``(a) In General.--The Secretary is authorized to make 
     grants to States, territories, and Federally recognized 
     Indian tribes that undertake examinations, inspections, and 
     investigations, and related activities under section 702. The 
     funds provided under such grants shall only be available for 
     the costs of conducting such examinations, inspections, 
     investigations, and related activities.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated $10,000,000 for fiscal year 
     2002, and such sums as may be necessary to carry out this 
     section for each subsequent fiscal year.''.

     SEC. 540. RULE OF CONSTRUCTION.

       Nothing in this title, or an amendment made by this title, 
     shall be construed to--
       (1) provide the Food and Drug Administration with 
     additional authority related to the regulation of meat, 
     poultry, and egg products; or
       (2) limit the authority of the Secretary of Agriculture 
     with respect to such products.

 Subtitle C--Research and Training to Enhance Food Safety and Security

     SEC. 541. SURVEILLANCE AND INFORMATION GRANTS AND 
                   AUTHORITIES.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by inserting after section 
     317P the following:

     ``SEC. 317Q. FOOD SAFETY GRANTS.

       ``(a) In General.--The Secretary may award food safety 
     grants to States to expand the number of States participating 
     in Pulsenet, the Foodborne Diseases Active Surveillance 
     Network, and other networks to enhance Federal, State, and 
     local food safety efforts.
       ``(b) Use of Funds.--Funds awarded under this section shall 
     be used by States to assist such States in meeting the costs 
     of establishing and maintaining the food safety surveillance, 
     technical and laboratory capacity needed to participate in 
     Pulsenet, Foodborne Diseases Active Surveillance Network, and 
     other networks to enhance Federal, State, and local food 
     safety efforts.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $19,500,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     of fiscal years 2003 through 2006.

     ``SEC. 317R. SURVEILLANCE OF ANIMAL AND HUMAN HEALTH.

       ``The Secretary, through the Commissioner of the Food and 
     Drug Administration and the Director of the Centers for 
     Disease Control and Prevention, and the Secretary of 
     Agriculture shall develop and implement a plan for 
     coordinating the surveillance for zoonotic disease and human 
     disease.''.

     SEC. 542. AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary of Agriculture, to the 
     maximum extent practicable, shall utilize existing 
     authorities to expand Agricultural Research Service, and 
     Cooperative State Research Education and Extension Service, 
     programs to protect the food supply of the United States by 
     conducting activities to--
       (1) enhance the capability of the Service to respond 
     immediately to the needs of Federal regulatory agencies 
     involved in protecting the food and agricultural system;
       (2) continue existing partnerships with institutions of 
     higher education (including partnerships with 3 institutions 
     of higher education that are national centers for 
     countermeasures against agricultural bioterrorism and 7 
     additional institutions with existing programs related to 
     bioterrorism) to help form stable, long-term programs of 
     research, development, and evaluation of options to enhance 
     the biosecurity of United States agriculture;
       (3) strengthen linkages with the intelligence community to 
     better identify research needs and evaluate acquired 
     materials;
       (4) expand Service involvement with international 
     organizations dealing with plant and animal disease control; 
     and
       (5) otherwise expand the capacity of the Service to protect 
     against the threat of bioterrorism.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $190,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each subsequent fiscal year.
                                  ____

  SA 2693. Mr. REID (for Mr. Brownback) proposed an amendment to the 
bill S. Res. 194, congratulating the people and government on the tenth 
anniversary of the independence of the Republic of Kazakhstan; as 
follows:

       On page 2, delete the fifth whereas clause, and insert: 
     ``Whereas Kazakhstan, under the leadership of President 
     Nursultan Nazarbaev, has cooperated with the United States on 
     national security concerns, including combatting 
     international terrorism, nuclear proliferation, international 
     crime, and narcotics trafficking; and'';
       Delete the final whereas clause; and
       On page 3, delete lines 7-9, and insert the following: 
     ``United States on matters of national security, including 
     the war against terrorism.''
                                  ____

  SA 2694. Mr. REID (for Mr. Smith of New Hampshire) proposed an 
amendment to the bill S. 990, to amend the Pittman-Robertson Wildlife 
Restoration Act to improve the provisions relating to wildlife 
conservation and restoration programs, and for other purposes; as 
follows:

       On page 49, strike lines 7 through 14 and insert the 
     following:
       (1) Section 3 of the Pittman-Robertson Wildlife Restoration 
     Act (16 U.S.C. 669b) is amended--
       (A) in the first sentence of subsection (a)(1)--
       (i) by inserting ``(other than the Account)'' after 
     ``wildlife restoration fund''; and
       (ii) by inserting before the period at the end the 
     following: ``(other than sections 4(d) and 12)''; and
       (B) in subsection (b), by inserting ``(other than the 
     Account)'' after ``the fund'' each place it appears.
       On page 74, line 11, insert ``(other than an incidental 
     taking statement with respect to a species recovery agreement 
     entered into by the Secretary under subsection (c))'' before 
     the semicolon.
                                  ____

  SA 2695. Mr. REID (for Mr. Biden (for himself and Mr. Helms)) 
proposed an amendment to the bill S. 1803, to authorize appropriations 
under the Arms Export Control Act and the Foreign Assistance Act of 
1961 for security assistance for fiscal years 2002 and 2003, and for 
other purposes; as follows:

       On page 10, between lines 11 and 12, insert the following 
     new section:

     SEC. 206. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND LIGHT 
                   WEAPONS LICENSE APPROVALS; ANNUAL REPORTS.

       (a) Congressional Notification of Export License 
     Approvals.--Section 36(c) of the Arms Export Control Act (22 
     U.S.C. 2776(c)) is amended by inserting ``(or, in the case of 
     a defense article that is a firearm controlled under category 
     I of the United States Munitions List, $1,000,000 or more)'' 
     after ``$50,000,000 or more''.
       (b) Report.--Not later than six months after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of State shall submit an unclassified report to the 
     appropriate congressional committees on the numbers, range, 
     and findings of end-use monitoring of United States transfers 
     in small arms and light weapons.
       (c) Annual Military Assistance Reports.--Section 655(b)(3) 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3)) 
     is amended by inserting before the period at the end the 
     following: ``, including, in the case of defense articles 
     that are firearms

[[Page 27877]]

     controlled under category I of the United States Munitions 
     List, a statement of the aggregate dollar value and quantity 
     of semiautomatic assault weapons, or related equipment, the 
     manufacture, transfer, or possession of which is unlawful 
     under section 922 of title 18, United States Code, that were 
     licensed for export during the period covered by the 
     report''.
       (d) Annual Report on Arms Brokering.--Not later than six 
     months after the date of enactment of this Act, and annually 
     thereafter, the Secretary of State shall submit a report to 
     the appropriate committees of Congress on activities of 
     registered arms brokers, including violations of the Arms 
     Export Control Act.
       (e) Annual Report on Investigations of the Bureau of 
     Alcohol, Tobacco and Firearms.--Not later than six months 
     after the date of enactment of this Act, and annually 
     thereafter, the Secretary of the Treasury shall submit a 
     report to the appropriate committees of Congress on 
     investigations and other efforts undertaken by the Bureau of 
     Alcohol, Tobacco and Firearms (including cooperation with 
     other agencies) to stop United States-source weapons from 
     being used in terrorist acts and international crime.
       On page 66, strike lines 1 through 12, and insert the 
     following:

     SEC. 404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.

       (a) Contribution to the Automated Export System.--Not less 
     than $250,000 of the amounts provided under section 302 for 
     each fiscal year shall be available for the purpose of--
       (1) providing the Department of State with full access to 
     the Automated Export System;
       (2) ensuring that the system is modified to meet the needs 
     of the Department of State, if such modifications are 
     consistent with the needs of other United States Government 
     agencies; and
       (3) providing operational support.
       (b) Mandatory Filing.--The Secretary of Commerce, with the 
     concurrence of the Secretary of State and the Secretary of 
     Treasury, shall publish regulations in the Federal Register 
     to require, upon the effective date of those regulations, 
     that all persons who are required to file export information 
     under chapter 9 of title 13, United States Code, to file such 
     information through the Automated Export System.
       (c) Requirement for Information Sharing.--The Secretary 
     shall conclude an information-sharing arrangement with the 
     heads of United States Customs Service and the Census 
     Bureau--
       (1) to allow the Department of State to access information 
     on controlled exports made through the United States Postal 
     Service; and
       (2) to adjust the Automated Export System to parallel 
     information currently collected by the Department of State.
       (d) Secretary of Treasury Functions.--Section 303 of title 
     13, United States Code, is amended by striking ``, other than 
     by mail,''.
       (e) Filing Export Information, Delayed Filings, Penalties 
     for Failure To File.--Section 304 of title 13, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``the penal sum of 
     $1,000'' and inserting ``a penal sum of $10,000''; and
       (B) in the third sentence, by striking ``a penalty not to 
     exceed $100 for each day's delinquency beyond the prescribed 
     period, but not more than $1,000,'' and inserting ``a penalty 
     not to exceed $1,000 for each day's delinquency beyond the 
     prescribed period, but not more than $10,000 per violation'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Any person, other than a person described in 
     subsection (a), required to submit export information, shall 
     file such information in accordance with any rule, 
     regulation, or order issued pursuant to this chapter. In the 
     event any such information or reports are not filed within 
     such prescribed period, the Secretary of Commerce (and 
     officers of the Department of Commerce designated by the 
     Secretary) may impose a civil penalty not to exceed $1,000 
     for each day's delinquency beyond the prescribed period, but 
     not more than $10,000 per violation.''.
       (f) Additional Penalties.--
       (1) In general.--Section 305 of title 13, United States 
     Code, is amended to read as follows:

     ``SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION 
                   ACTIVITIES.

       ``(a) Criminal Penalties.--(1) Any person who knowingly 
     fails to file or knowingly submits false or misleading export 
     information through the Shippers Export Declaration (SED) (or 
     any successor document) or the Automated Export System (AES) 
     shall be subject to a fine not to exceed $10,000 per 
     violation or imprisonment for not more than 5 years, or both.
       ``(2) Any person who knowingly reports any information on 
     or uses the SED or the AES to further any illegal activity 
     shall be subject to a fine not to exceed $10,000 per 
     violation or imprisonment for not more than 5 years, or both.
       ``(3) Any person who is convicted under this subsection 
     shall, in addition to any other penalty, be subject to 
     forfeiting to the United States--
       ``(A) any of that person's interest in, security of, claim 
     against, or property or contractual rights of any kind in the 
     goods or tangible items that were the subject of the 
     violation;
       ``(B) any of that person's interest in, security of, claim 
     against, or property or contractual rights of any kind in 
     tangible property that was used in the export or attempt to 
     export that was the subject of the violation; and
       ``(C) any of that person's property constituting, or 
     derived from, any proceeds obtained directly or indirectly as 
     a result of the violation.
       ``(b) Civil Penalties.--The Secretary (and officers of the 
     Department of Commerce specifically designated by the 
     Secretary) may impose a civil penalty not to exceed $10,000 
     per violation on any person violating the provisions of this 
     chapter or any rule, regulation, or order issued thereunder, 
     except as provided in section 304. Such penalty may be in 
     addition to any other penalty imposed by law.
       ``(c) Civil Penalty Procedure.--(1) When a civil penalty is 
     sought for a violation of this section or of section 304, the 
     charged party is entitled to receive a formal complaint 
     specifying the charges and, at his or her request, to contest 
     the charges in a hearing before an administrative law judge. 
     Any such hearing shall be conducted in accordance with 
     sections 556 and 557 of title 5, United States Code.
       ``(2) If any person fails to pay a civil penalty imposed 
     under this chapter, the Secretary may ask the Attorney 
     General to commence a civil action in an appropriate district 
     court of the United States to recover the amount imposed 
     (plus interest at currently prevailing rates from the date of 
     the final order). No such action may be commenced more than 5 
     years after the order imposing the civil penalty becomes 
     final. In such action, the validity, amount, and 
     appropriateness of such penalty shall not be subject to 
     review.
       ``(3) The Secretary may remit or mitigate any penalties 
     imposed under paragraph (1) if, in his or her opinion--
       ``(A) the penalties were incurred without willful 
     negligence or fraud; or
       ``(B) other circumstances exist that justify a remission or 
     mitigation.
       ``(4) If, pursuant to section 306, the Secretary delegates 
     functions under this section to another agency, the 
     provisions of law of that agency relating to penalty 
     assessment, remission or mitigation of such penalties, 
     collection of such penalties, and limitations of actions and 
     compromise of claims, shall apply.
       ``(5) Any amount paid in satisfaction of a civil penalty 
     imposed under this section or section 304 shall be deposited 
     into the general fund of the Treasury and credited as 
     miscellaneous receipts.
       ``(d) Enforcement.--(1) The Secretary of Commerce may 
     designate officers or employees of the Office of Export 
     Enforcement to conduct investigations pursuant to this 
     chapter. In conducting such investigations, those officers or 
     employees may, to the extent necessary or appropriate to the 
     enforcement of this chapter, exercise such authorities as are 
     conferred upon them by other laws of the United States, 
     subject to policies and procedures approved by the Attorney 
     General.
       ``(2) The Commissioner of Customs may designate officers or 
     employees of the Customs Service to enforce the provisions of 
     this chapter, or to conduct investigations pursuant to this 
     chapter.
       ``(e) Regulations.--The Secretary of Commerce shall 
     promulgate regulations for the implementation and enforcement 
     of this section.
       ``(f) Exemption.--The criminal fines provided for in this 
     section are exempt from the provisions of section 3571 of 
     title 18, United States Code.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 9 of title 13, United States Code, is 
     amended by striking the item relating to section 305 and 
     inserting the following:

``305. Penalties for unlawful export information activities.''.

       On page 75, strike lines 1 through 24.
       On page 83, between lines 17 and 18, insert the following:
       (4) Taiwan.--The President is authorized to transfer to the 
     Taipei Economic and Cultural Representative Office in the 
     United States (which is the Taiwan instrumentality designated 
     pursuant to section 10(a) of the Taiwan Relations Act) the 
     ``Kidd'' class guided missile destroyers Kidd (DDG 993), 
     Callaghan (DDG 994), Scott (DDG 995), and Chandler (DDG 996). 
     The transfer of these 4 ``Kidd'' class guided missile 
     destroyers shall be on a sale basis under section 21 of the 
     Arms Export Control Act (22 U.S.C. 2761).
       Starting on page 24, line 14, strike all that follows 
     through line 23 of page 25.
       Strike page 13, lines 5-14.
       On line 4, page 78, delete ``not less than'' and on line 5, 
     page 78, delete ``shall'' and insert in lieu thereof ``may''.
       On line 7, page 21, delete ``and 2003'' and delete lines 9 
     through 15 on page 21.

[[Page 27878]]

     
                                  ____
  SA 2696. Mr. REID (for Mrs. Clinton) proposed an amendment to the 
bill S. 1637, to waive certain limitations in the case of use of the 
emergency fund authorized by section 125 of title 23, United States 
Code, to pay the costs of projects in response to the attack on the 
World Trade Center in New York City that occurred on September 11, 
2001; as follows:

       On page 2, strike lines 10 through 14 and insert the 
     following:

     ``shall be 100 percent; and
       ``(2) notwithstanding section 125(d)(1) of that''.
                                  ____

  SA 2697. Mr. REID (for Mr. Leahy (for himself, Mr. Kennedy, and Mr. 
Hatch)) proposed an amendment to the bill H.R. 2215, to authorize 
appropriations for the Department of Justice for fiscal year 2002, and 
for other purposes; as follows:

       On page 51, after line 4, insert the following:

     DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
                           AUTHORIZATION ACT

       On page 51, line 6, strike ``This Act'' and insert ``This 
     division''.
       On page 52, beginning with line 4, strike all through page 
     57, line 12.
       Redesignate sections 102 and 103 as sections 101 and 102, 
     respectively.
       On page 57, line 23, strike ``may'' and insert ``shall''.
       On page 80, lines 22, strike all through page 81, line 22.
       On page 86, lines 15 and 16, strike ``OF APPROPRIATIONS'' 
     and insert ``WITHIN THE DEPARTMENT OF JUSTICE''.
       On page 87, line 24, after ``contract'' insert ``over 
     $5,000,000''.
       On page 89, line 24, after ``period'' and insert ``and the 
     paragraph following''.
       On page 89, line 25, strike ``after''.
       On page 97, beginning with line 1, strike all through line 
     6.
       At the end of the bill add the following:

                   DIVISION B--MISCELLANEOUS DIVISION

                TITLE I--BOYS AND GIRLS CLUBS OF AMERICA

     SEC. 1101. BOYS AND GIRLS CLUBS OF AMERICA.

       Section 401 of the Economic Espionage Act of 1966 (42 
     U.S.C. 13751 note) is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``1,000'' and inserting ``1,200'';
       (B) by striking ``2,500'' and inserting ``4,000''; and
       (C) by striking ``December 31, 1999'' and inserting 
     ``December 31, 2006, serving not less than 6,000,000 young 
     people'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``1997, 1998, 1999, 2000, 
     and 2001'' and inserting ``2002, 2003, 2004, 2005, and 
     2006''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``90 days'' and inserting ``30 days'';
       (ii) in subparagraph (A), by striking ``1,000'' and 
     inserting ``1,200''; and
       (iii) in subparagraph (B), by striking ``2,500 Boys and 
     Girls Clubs of America facilities in operation before January 
     1, 2000'' and inserting ``4,000 Boys and Girls Clubs of 
     America facilities in operation before January 1, 2007''; and
       (3) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $70,000,000 for fiscal year 2002;
       ``(B) $80,000,000 for fiscal year 2003;
       ``(C) $80,000,000 for fiscal year 2004;
       ``(D) $80,000,000 for fiscal year 2005; and
       ``(E) $80,000,000 for fiscal year 2006.''.

 TITLE II--DRUG ABUSE EDUCATION, PREVENTION, AND TREATMENT ACT OF 2001

     SEC. 2001. SHORT TITLE.

       This title may be cited as the ``Drug Abuse Education, 
     Prevention, and Treatment Act of 2001''.

                Subtitle A--Drug-Free Prisons and Jails

     SEC. 2101. DRUG-FREE PRISONS AND JAILS INCENTIVE GRANTS.

       (a) In General.--Subtitle A of title II of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13701 et seq.) is amended--
       (1) by redesignating section 20110 as section 20111; and
       (2) by inserting after section 20109 the following:

     ``SEC. 20110. DRUG-FREE PRISONS AND JAILS BONUS GRANTS.

       ``(a) In General.--The Attorney General shall make 
     incentive grants in accordance with this section to eligible 
     States, units of local government, and Indian tribes, in 
     order to encourage the establishment and maintenance of drug-
     free prisons and jails.
       ``(b) Reservation of Funds.--Notwithstanding any other 
     provision of this subtitle, in each fiscal year, before 
     making the allocations under sections 20106 and 20108(a)(2) 
     or the reservation under section 20109, the Attorney General 
     shall reserve 10 percent of the amount made available to 
     carry out this subtitle for grants under this section.
       ``(c) Eligibility.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section, a State, unit of local government, or Indian 
     tribe shall demonstrate to the Attorney General that the 
     State, unit of local government, or Indian tribe--
       ``(A) meets the requirements of section 20103(a); and
       ``(B) has established, or, within 18 months after the 
     initial submission of an application this section will 
     implement, a program or policy of drug-free prisons and jails 
     for correctional and detention facilities, including juvenile 
     facilities, in its jurisdiction.
       ``(2) Contents of program or policy.--The drug-free prisons 
     and jails program or policy under paragraph (1)(B)--
       ``(A) shall include--
       ``(i) a zero-tolerance policy for drug use or presence in 
     State, unit of local government, or Indian tribe facilities, 
     including random and routine sweeps and inspections for 
     drugs, random and routine drug tests of inmates, and improved 
     screening for drugs and other contraband of prison visitors 
     and prisoner mail;
       ``(ii) establishment and enforcement of penalties, 
     including prison disciplinary actions and criminal 
     prosecution for the introduction, possession, or use of drugs 
     in any prison or jail;
       ``(iii) the implementation of residential drug treatment 
     programs that are effective and science-based; and
       ``(iv) drug testing of inmates upon intake and upon release 
     from incarceration as appropriate; and
       ``(B) may include a system of incentives for prisoners to 
     participate in counter-drug programs such as drug treatment 
     and drug-free wings with greater privileges, except that 
     incentives under this paragraph may not include the early 
     release of any prisoner convicted of a crime of violence that 
     is not part of a policy of a State concerning good-time 
     credits or criteria for the granting of supervised release.
       ``(d) Application.--In order to be eligible to receive a 
     grant under this section, a State, unit of local government, 
     or Indian tribe shall submit to the Attorney General an 
     application, in such form and containing such information, 
     including rates of positive drug tests among inmates upon 
     intake and release from incarceration, as the Attorney 
     General may reasonably require.
       ``(e) Use of Funds.--Amounts received by a State, unit of 
     local government, or Indian tribe from a grant under this 
     section may be used--
       ``(1) to implement the program under subsection (c)(2); or
       ``(2) for any other purpose permitted by this subtitle.
       ``(f) Allocation of Funds.--Grants awarded under this 
     section shall be in addition to any other grants a State, 
     unit of local government, or Indian tribe may be eligible to 
     receive under this subtitle or under part S of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796ff et seq.).
       ``(g) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.75 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section.
       ``(h) Authorization of Appropriations.--In addition to 
     amounts allocated under this section, there are authorized to 
     be appropriated to carry out this section such sums as are 
     necessary for each of the fiscal years 2002, 2003, and 
     2004.''.

     SEC. 2102. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

       (a) Use of Residential Substance Abuse Treatment Grants To 
     Provide Aftercare Services.--Section 1902 of part S of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3796ff-1) is amended by adding at the end the 
     following:
       ``(f) Use of Grant Amounts for Nonresidential Aftercare 
     Services.--A State may use amounts received under this part 
     to provide nonresidential substance abuse treatment aftercare 
     services for inmates or former inmates that meet the 
     requirements of subsection (c), if the chief executive 
     officer of the State certifies to the Attorney General that 
     the State is providing, and will continue to provide, an 
     adequate level of residential treatment services.''.
       (b) Jail-Based Substance Abuse Treatment.--Part S of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3796ff et seq.) is amended by adding at the end 
     the following:

     ``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

       ``(a) Definitions.--In this section:
       ``(1) The term `jail-based substance abuse treatment 
     program' means a course of individual and group activities, 
     lasting for a period of not less than 3 months, in an area of 
     a correctional facility set apart from the general population 
     of the correctional facility, if those activities are--
       ``(A) directed at the substance abuse problems of 
     prisoners; and
       ``(B) intended to develop the cognitive, behavioral, and 
     other skills of prisoners in

[[Page 27879]]

     order to address the substance abuse and related problems of 
     prisoners.
       ``(2) The term `local correctional facility' means any 
     correctional facility operated by a State or unit of local 
     government.
       ``(b) Authorization.--
       ``(1) In general.--At least 10 percent of the total amount 
     made available to a State under section 1904(a) for any 
     fiscal year shall be used by the State to make grants to 
     local correctional facilities in the State, provided the 
     State includes local correctional facilities, for the purpose 
     of assisting jail-based substance abuse treatment programs 
     that are effective and science-based established by those 
     local correctional facilities.
       ``(2) Federal share.--The Federal share of a grant made by 
     a State under this section to a local correctional facility 
     may not exceed 75 percent of the total cost of the jail-based 
     substance abuse treatment program described in the 
     application submitted under subsection (c) for the fiscal 
     year for which the program receives assistance under this 
     section.
       ``(c) Applications.--
       ``(1) In general.--To be eligible to receive a grant from a 
     State under this section for a jail-based substance abuse 
     treatment program, the chief executive of a local 
     correctional facility shall submit to the State, in such form 
     and containing such information as the State may reasonably 
     require, an application that meets the requirements of 
     paragraph (2).
       ``(2) Application requirements.--Each application submitted 
     under paragraph (1) shall include--
       ``(A) with respect to the jail-based substance abuse 
     treatment program for which assistance is sought, a 
     description of the program and a written certification that 
     the local correctional facility will--
       ``(i) coordinate the design and implementation of the 
     program between local correctional facility representatives 
     and the appropriate State and local alcohol and substance 
     abuse agencies;
       ``(ii) implement (or continue to require) urinalysis or 
     other proven reliable forms of substance abuse testing of 
     individuals participating in the program, including the 
     testing of individuals released from the jail-based substance 
     abuse treatment program who remain in the custody of the 
     local correctional facility; and
       ``(iii) carry out the program in accordance with 
     guidelines, which shall be established by the State, in order 
     to guarantee each participant in the program access to 
     consistent, continual care if transferred to a different 
     local correctional facility within the State;
       ``(B) written assurances that Federal funds received by the 
     local correctional facility from the State under this section 
     will be used to supplement, and not to supplant, non-Federal 
     funds that would otherwise be available for jail-based 
     substance abuse treatment programs assisted with amounts made 
     available to the local correctional facility under this 
     section; and
       ``(C) a description of the manner in which amounts received 
     by the local correctional facility from the State under this 
     section will be coordinated with Federal assistance for 
     substance abuse treatment and aftercare services provided to 
     the local correctional facility by the Substance Abuse and 
     Mental Health Services Administration of the Department of 
     Health and Human Services.
       ``(d) Review of Applications.--
       ``(1) In general.--Upon receipt of an application under 
     subsection (c), the State shall--
       ``(A) review the application to ensure that the 
     application, and the jail-based residential substance abuse 
     treatment program for which a grant under this section is 
     sought, meet the requirements of this section; and
       ``(B) if so, make an affirmative finding in writing that 
     the jail-based substance abuse treatment program for which 
     assistance is sought meets the requirements of this section.
       ``(2) Approval.--Based on the review conducted under 
     paragraph (1), not later than 90 days after the date on which 
     an application is submitted under subsection (c), the State 
     shall--
       ``(A) approve the application, disapprove the application, 
     or request a continued evaluation of the application for an 
     additional period of 90 days; and
       ``(B) notify the applicant of the action taken under 
     subparagraph (A) and, with respect to any denial of an 
     application under subparagraph (A), afford the applicant an 
     opportunity for reconsideration.
       ``(3) Eligibility for preference with aftercare 
     component.--
       ``(A) In general.--In making grants under this section, a 
     State shall give preference to applications from local 
     correctional facilities that ensure that each participant in 
     the jail-based substance abuse treatment program for which a 
     grant under this section is sought, is required to 
     participate in an aftercare services program that meets the 
     requirements of subparagraph (B), for a period of not less 
     than 1 year following the earlier of--
       ``(i) the date on which the participant completes the jail-
     based substance abuse treatment program; or
       ``(ii) the date on which the participant is released from 
     the correctional facility at the end of the participant's 
     sentence or is released on parole.
       ``(B) Aftercare services program requirements.--For 
     purposes of subparagraph (A), an aftercare services program 
     meets the requirements of this paragraph if the program--
       ``(i) in selecting individuals for participation in the 
     program, gives priority to individuals who have completed a 
     jail-based substance abuse treatment program;
       ``(ii) requires each participant in the program to submit 
     to periodic substance abuse testing; and
       ``(iii) involves the coordination between the jail-based 
     substance abuse treatment program and other human service and 
     rehabilitation programs that may assist in the rehabilitation 
     of program participants, such as--

       ``(I) educational and job training programs;
       ``(II) parole supervision programs;
       ``(III) half-way house programs; and
       ``(IV) participation in self-help and peer group programs; 
     and

       ``(iv) assists in placing jail-based substance abuse 
     treatment program participants with appropriate community 
     substance abuse treatment facilities upon release from the 
     correctional facility at the end of a sentence or on parole.
       ``(e) Coordination and Consultation.--
       ``(1) Coordination.--Each State that makes 1 or more grants 
     under this section in any fiscal year shall, to the maximum 
     extent practicable, implement a statewide communications 
     network with the capacity to track the participants in jail-
     based substance abuse treatment programs established by local 
     correctional facilities in the State as those participants 
     move between local correctional facilities within the State.
       ``(2) Consultation.--Each State described in paragraph (1) 
     shall consult with the Attorney General and the Secretary of 
     Health and Human Services to ensure that each jail-based 
     substance abuse treatment program assisted with a grant made 
     by the State under this section incorporates applicable 
     components of comprehensive approaches, including relapse 
     prevention and aftercare services.
       ``(f) Use of Grant Amounts.--
       ``(1) In general.--Each local correctional facility that 
     receives a grant under this section shall use the grant 
     amount solely for the purpose of carrying out the jail-based 
     substance abuse treatment program described in the 
     application submitted under subsection (c).
       ``(2) Administration.--Each local correctional facility 
     that receives a grant under this section shall carry out all 
     activities relating to the administration of the grant 
     amount, including reviewing the manner in which the amount is 
     expended, processing, monitoring the progress of the program 
     assisted, financial reporting, technical assistance, grant 
     adjustments, accounting, auditing, and fund disbursement.
       ``(3) Restriction.--A local correctional facility may not 
     use any amount of a grant under this section for land 
     acquisition, a construction project, or facility renovations.
       ``(g) Reporting Requirement; Performance Review.--
       ``(1) Reporting requirement.--Not later than March 1 each 
     year, each local correctional facility that receives a grant 
     under this section shall submit to the Attorney General, 
     through the State, a description and an evaluation report of 
     the jail-based substance abuse treatment program carried out 
     by the local correctional facility with the grant amount, in 
     such form and containing such information as the Attorney 
     General may reasonably require.
       ``(2) Performance review.--The Attorney General shall 
     conduct an annual review of each jail-based substance abuse 
     treatment program assisted under this section, in order to 
     verify the compliance of local correctional facilities with 
     the requirements of this section.
       ``(h) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.75 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section.''.
       (c) Eligibility for Substance Abuse Treatment.--Part S of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3796ff et seq.), as amended by subsection 
     (b), is further amended by adding at the end the following:

     ``SEC. 1907. DEFINITIONS.

       ``In this part:
       ``(1) The term `inmate' means an adult or a juvenile who is 
     incarcerated or detained in any State or local correctional 
     facility.
       ``(2) The term `correctional facility' includes a secure 
     detention facility and a secure correctional facility (as 
     those terms are defined in section 103 of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5603)).''.
       (d) Clerical Amendment.--The table of contents for title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended in the matter relating to 
     part S by adding at the end the following:
``1906. Jail-based substance abuse treatment.
``1907. Definitions.''.


[[Page 27880]]


       (e) 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, provided that no 
     more than 25 percent of funds be spent on aftercare services.
       ``(d) Consultation.--The Attorney General shall consult 
     with the Secretary of Health and Human Services to ensure 
     that programs of substance abuse treatment and related 
     services for State prisoners carried out under this part 
     incorporate applicable components of existing, comprehensive 
     approaches including relapse prevention and aftercare 
     services that have been shown to be efficacious and 
     incorporate evidence-based principles of effective substance 
     abuse treatment as determined by the Secretary of Health and 
     Human Services.''.
       (f) 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 such sums as are necessary for fiscal year 2002 and 
     such sums as may be necessary for fiscal years 2003 and 
     2004.''.
       (g) Substance Abuse Treatment in Federal Prisons 
     Reauthorization.--Section 3621(e) of title 18, United States 
     Code, is amended--
       (1) in paragraph (4), by striking subparagraph (E) and 
     inserting the following:
       ``(E) such sums as are necessary for fiscal year 2002; and
       ``(F) such sums as are necessary for fiscal year 2003.''; 
     and
       (2) in paragraph (5)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) the term `appropriate substance abuse treatment' 
     means treatment in a program that has been shown to be 
     efficacious and incorporates evidence-based principles of 
     effective substance abuse treatment as determined by the 
     Secretary of Health and Human Services.''.

     SEC. 2103. MANDATORY REVOCATION OF PROBATION AND SUPERVISED 
                   RELEASE FOR FAILING A DRUG TEST.

       (a) Revocation of Probation.--Section 3565(b) of title 18, 
     United States Code, is amended--
       (1) in paragraph (2), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (3), by striking ``(4),'' and inserting 
     ``(4); or''; and
       (3) by adding after paragraph (3) the following:
       ``(4) as a part of drug testing, tests positive for illegal 
     controlled substances more than 3 times over the course of 1 
     year;''.
       (b) Revocation of Supervised Release.--Section 3583(g) of 
     title 18, United States Code, is amended--
       (1) in paragraph (2), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (3), by inserting ``or'' after the 
     semicolon; and
       (3) by adding after paragraph (3) the following:
       ``(4) as a part of drug testing, tests positive for illegal 
     controlled substances more than 3 times over the course of 1 
     year;''.

                  Subtitle B--Treatment and Prevention

     SEC. 2201. 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. PILOT PROGRAM AUTHORIZED.

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

     ``SEC. 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 substance abuse 
     treatment provider that is licensed or certified 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 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 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 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 description and an evaluation 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) The term `State or local prosecutor' means any 
     district attorney, State attorney general, county attorney, 
     or corporation counsel who has authority to prosecute 
     criminal offenses under State or local law.
       ``(2) The term `eligible offender' means an individual 
     who--
       ``(A) has been convicted of, or pled guilty to, or admitted 
     guilt with respect to a crime for which a sentence of 
     imprisonment is required and has not completed such sentence;
       ``(B) has never been convicted of, or pled guilty to, or 
     admitted guilt with respect to, and is not presently charged 
     with, a felony crime of violence, a drug trafficking crime 
     (as defined in section 924(c)(2) of title 18, United States 
     Code), or a crime that is considered a violent felony under 
     State or local law; and
       ``(C) has been found by a professional substance abuse 
     screener to be in need of substance abuse treatment because 
     that offender has a history of substance abuse that is a 
     significant contributing factor to that offender's criminal 
     conduct.
       ``(3) The term `felony crime of violence' has the meaning 
     given such term in section 924(c)(3) of title 18, United 
     States Code.
       ``(4) The term `major drug offense' has the meaning given 
     such term in section 36(a) of title 18, United States 
     Code.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus

[[Page 27881]]

     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)) is amended by adding at the end the following new 
     paragraph:
       ``(24) There are authorized to be appropriated to carry out 
     part CC such sums as are necessary for each of fiscal years 
     2002 through 2004.''.
       (c) Study of the Effect of Mandatory Minimum Sentences for 
     Controlled Substance Offenses.--Not later than 1 year after 
     the date of enactment of this Act, the United States 
     Sentencing Commission shall submit to the Committees on the 
     Judiciary of the House of Representatives and the Senate a 
     report regarding mandatory minimum sentences for controlled 
     substance offenses, which shall include an analysis of--
       (1) whether such sentences may have a disproportionate 
     impact on ethnic or racial groups;
       (2) the effectiveness of such sentences in reducing drug-
     related crime by violent offenders;
       (3) the effectiveness of basing sentences on drug 
     quantities and the feasibility of potential alternatives; and
       (4) the frequency and appropriateness of the use of such 
     sentences for nonviolent offenders in contrast with other 
     approaches such as drug treatment programs.

     SEC. 2202. JUVENILE SUBSTANCE ABUSE COURTS.

       (a) Grant Authority.--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:

               ``PART DD--JUVENILE SUBSTANCE ABUSE COURTS

     ``SEC. 2926. DEFINITIONS.

       ``In this part:
       ``(1) Crime of violence.--The term `crime of violence' 
     means a criminal offense that--
       ``(A) has as an element, the use, attempted use, or 
     threatened use of physical force against the person or 
     property of another; or
       ``(B) by its nature, involves a substantial risk that 
     physical force against the person or property of another may 
     be used in the course of committing the offense.
       ``(2) Violent juvenile offender.--The term `violent 
     juvenile offender' means a juvenile who has been convicted of 
     a violent offense or adjudicated delinquent for an act that, 
     if committed by an adult, would constitute a crime of 
     violence.

     ``SEC. 2927. GRANT AUTHORITY.

       ``(a) Appropriate Substance Abuse Court Programs.--The 
     Attorney General may make grants to States, State courts, 
     local courts, units of local government, and Indian tribes in 
     accordance with this part to establish programs that--
       ``(1) involve continuous judicial supervision over juvenile 
     offenders (other than violent juvenile offenders) with 
     substance abuse problems;
       ``(2) integrate administration of other sanctions and 
     services, which include--
       ``(A) mandatory random 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) probation, diversion, or other supervised release 
     involving the possibility of prosecution, confinement, or 
     incarceration based on noncompliance with program 
     requirements or failure to show satisfactory progress; and
       ``(D) programmatic offender management, and aftercare 
     services such as relapse prevention; and
       ``(3) may include--
       ``(A) payment, in whole or in part, by the offender or his 
     or her parent or guardian of treatment costs, to the extent 
     practicable, such as costs for urinalysis or counseling;
       ``(B) payment, in whole or in part, by the offender or his 
     or her parent or guardian of restitution, to the extent 
     practicable, to either a victim of the offender's offense or 
     to a restitution or similar victim support fund; and
       ``(C) economic sanctions shall not be at a level that would 
     interfere with the juvenile offender's education or 
     rehabilitation.
       ``(b) Use of Grants for Necessary Support Programs.--A 
     recipient of a grant under this part may use the grant to pay 
     for treatment, counseling, and other related and necessary 
     expenses not covered by other Federal, State, Indian tribal, 
     and local sources of funding that would otherwise be 
     available.
       ``(c) Continued Availability of Grant Funds.--Amounts made 
     available under this part shall remain available until 
     expended.

     ``SEC. 2928. APPLICATIONS.

       ``(a) In General.--In order to receive a grant under this 
     part, the chief executive or the chief justice of a State, or 
     the chief executive or 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.
       ``(b) Contents.--In addition to any other requirements that 
     may be specified by the Attorney General, each application 
     for a grant under this part shall--
       ``(1) include a long-term strategy and detailed 
     implementation plan;
       ``(2) explain the applicant's need for Federal assistance;
       ``(3) certify that the Federal support provided will be 
     used to supplement, and not supplant, State, Indian tribal, 
     and 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 substance abuse 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. 2929. 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 
     2928 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. 2930. 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 part for 
     grants to Indian tribes.
       ``(c) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this part have been funded, such 
     State, together with grantees within the State (other than 
     Indian tribes), shall be allocated in each fiscal year under 
     this part not less than 0.75 percent of the total amount 
     appropriated in the fiscal year for grants pursuant to this 
     part.

     ``SEC. 2931. REPORT.

       ``Each recipient of a grant under this part during a fiscal 
     year shall submit to the Attorney General a description and 
     an evaluation report regarding the effectiveness of programs 
     established with the grant on the date specified by the 
     Attorney General.

     ``SEC. 2932. 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 
     requirement that may be prescribed for recipients of grants 
     under this part, the Attorney General may carry out or make 
     arrangements for evaluations of programs that receive 
     assistance 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. 2933. REGULATIONS.

       ``The Attorney General shall issue any regulations and 
     guidelines necessary to carry out this part, which shall 
     ensure that the programs funded with grants under this part 
     do not permit participation by violent juvenile offenders.

     ``SEC. 2934. UNAWARDED FUNDS.

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

     ``SEC. 2935. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated for each of fiscal 
     years 2002 through 2004, such sums as are necessary to carry 
     out this part.''.
       (b) Clerical Amendment.--The table of contents for 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:

               ``Part DD--Juvenile Substance Abuse Courts

``Sec. 2926. Definitions.
``Sec. 2927. Grant authority.
``Sec. 2928. Applications.
``Sec. 2929. Federal share.
``Sec. 2930. Distribution of funds.
``Sec. 2931. Report.
``Sec. 2932. Technical assistance, training, and evaluation.
``Sec. 2933. Regulations.
``Sec. 2934. Unawarded funds.
``Sec. 2935. Authorization of appropriations.''.

     SEC. 2203. EXPANSION OF SUBSTANCE ABUSE EDUCATION AND 
                   PREVENTION EFFORTS.

       (a) Expansion of Efforts.--Section 515 of the Public Health 
     Service Act (42 U.S.C.

[[Page 27882]]

     290bb-21) is amended by adding at the end the following:
       ``(e) Grants, Contracts, and Cooperative Agreements.--
       ``(1) In general.--The Administrator may make grants to and 
     enter into contracts and cooperative agreements with public 
     and nonprofit private entities to enable such entities--
       ``(A) to carry out school-based programs concerning the 
     dangers of abuse of and addiction to illicit drugs, using 
     methods that are effective and evidence-based, including 
     initiatives that give students the responsibility to create 
     their own antidrug abuse education programs for their 
     schools; and
       ``(B) to carry out community-based abuse and addiction 
     education and prevention programs relating to illicit drugs 
     that are effective and evidence-based.
       ``(2) Use of grant, contract, or cooperative agreement 
     funds.--Amounts made available under a grant, contract, or 
     cooperative agreement under paragraph (1) shall be used for 
     planning, establishing, or administering education and 
     prevention programs relating to illicit drugs in accordance 
     with paragraph (3).
       ``(3) Uses of amounts.--
       ``(A) In general.--Amounts provided under this subsection 
     may be used--
       ``(i) to carry out school-based programs that are focused 
     on those districts with high or increasing rates of drug 
     abuse and addiction and targeted at populations which are 
     most at-risk to start abuse of illicit drugs;
       ``(ii) to carry out community-based education and 
     prevention programs and environmental change strategies that 
     are focused on those populations within the community that 
     are most at-risk for abuse of and addiction to illicit drugs;
       ``(iii) to assist local government entities and community 
     antidrug coalitions to plan, conduct, and evaluate 
     appropriate prevention activities and strategies relating to 
     illegal drugs;
       ``(iv) to train and educate State and local law enforcement 
     officials, prevention and education officials, members of 
     community antidrug coalitions and parents on the signs of 
     abuse of and addiction to illicit drugs, and the options for 
     treatment and prevention;
       ``(v) for planning, administration, and educational 
     activities related to the prevention of abuse of and 
     addiction to illicit drugs;
       ``(vi) for the monitoring and evaluation of prevention 
     activities relating to illicit drugs, and reporting and 
     disseminating resulting information to the public; and
       ``(vii) for targeted pilot programs with evaluation 
     components to encourage innovation and experimentation with 
     new methodologies.
       ``(B) Priority in making grants.--The Administrator shall 
     give priority in making grants under this subsection to rural 
     States, urban areas, and other areas that are experiencing a 
     high rate or rapid increases in drug abuse and addiction.
       ``(4) Analyses, evaluations, and reports.--
       ``(A) Analyses and evaluations.--Not less than $500,000 of 
     the amount available in each fiscal year to carry out this 
     subsection shall be made available to the Administrator, 
     acting in consultation with other Federal agencies, to 
     support and conduct periodic analyses and evaluations of 
     effective education and prevention programs for abuse of and 
     addiction to illicit drugs and the development of appropriate 
     strategies for disseminating information about and 
     implementing these programs.
       ``(B) Annual report.--The Administrator shall submit to the 
     committees of Congress referred to in subparagraph (C) an 
     annual report with the results of the analyses and evaluation 
     under subparagraph (A).
       ``(C) Committees.--The committees of Congress referred to 
     in this subparagraph are the following:
       ``(i) Senate.--The Committees on Health, Education, Labor, 
     and Pensions, the Judiciary, and Appropriations of the 
     Senate.
       ``(ii) House of representatives.--The Committees on Energy 
     and Commerce, the Judiciary, and Appropriations of the House 
     of Representatives.''.
       (b) Authorization of Appropriations for Expansion of Abuse 
     Prevention Efforts and Practitioner Registration 
     Requirements.--There is authorized to be appropriated to 
     carry out section 515(e) of the Public Health Service Act (as 
     added by subsection (a)) and section 303(g)(2) of the 
     Controlled Substances Act, such sums as are necessary for 
     fiscal year 2002, and such sums as may be necessary for each 
     succeeding fiscal year.
       (c) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.75 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section.

     SEC. 2204. FUNDING FOR RURAL STATES AND ECONOMICALLY 
                   DEPRESSED COMMUNITIES.

       (a) In General.--The Director of the Center for Substance 
     Abuse Treatment shall provide awards of grants, cooperative 
     agreement, or contracts to public and nonprofit private 
     entities for the purpose of providing treatment facilities in 
     rural States and economically depressed communities that have 
     high rates of drug addiction but lack the resources to 
     provide adequate treatment.
       (b) Minimum Qualifications for Receipt of Award.--With 
     respect to the principal agency of the State involved that 
     administers programs relating to substance abuse, the 
     Director may make an award under subsection (a) to an 
     applicant only if the agency has certified to the Director 
     that--
       (1) the applicant has the capacity to carry out a program 
     described in subsection (a);
       (2) the plans of the applicant for such a program are 
     consistent with the policies of such agency regarding the 
     treatment of substance abuse; and
       (3) 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.
       (c) Requirement of 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
       (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.
       (d) 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 individuals served and the 
     type and costs of services provided; and
       (3) providing such other information as the Director 
     determines to be appropriate.
       (e) 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.
       (f) 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, subject to the availability of qualified 
     applicants for the awards.
       (g) Duration of Award.--The period during which payments 
     are made to an entity from an award under subsection (a) may 
     not exceed 5 years. The provision of such payments shall be 
     subject to annual approval by the Director of the payments 
     and subject to the availability of appropriations for the 
     fiscal year involved to make the payments. This subsection 
     may not be construed to establish a limitation on the number 
     of awards under such subsection that may be made to an 
     entity.
       (h) 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.
       (i) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.75 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section.
       (j) Definition of Rural State.--In this section, the term 
     ``rural State'' has the same meaning as in section 1501(b) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796bb(B)).
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary for each of the fiscal years 2002, 2003, and 2004.

     SEC. 2205. FUNDING FOR RESIDENTIAL TREATMENT CENTERS FOR 
                   WOMEN AND CHILDREN.

       (a) In General.--The Director of the Center for Substance 
     Abuse Treatment shall

[[Page 27883]]

     provide awards of grants, cooperative agreement, or contracts 
     to public and nonprofit private entities for the purpose of 
     providing treatment facilities that--
       (1) provide residential treatment for methamphetamine, 
     heroin, and other drug addicted women with minor children; 
     and
       (2) offer specialized treatment for methamphetamine-, 
     heroin-, and other drug-addicted mothers and allow the minor 
     children of those mothers to reside with them in the facility 
     or nearby while treatment is ongoing.
       (b) Minimum Qualifications for Receipt of Award.--With 
     respect to the principal agency of the State involved that 
     administers programs relating to substance abuse, the 
     Director may make an award under subsection (a) to an 
     applicant only if the agency has certified to the Director 
     that--
       (1) the applicant has the capacity to carry out a program 
     described in subsection (a);
       (2) the plans of the applicant for such a program are 
     consistent with the policies of such agency regarding the 
     treatment of substance abuse; and
       (3) 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.
       (c) Requirement of 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
       (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.
       (d) 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 individuals served and the 
     type and costs of services provided; and
       (3) providing such other information as the Director 
     determines to be appropriate.
       (e) 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.
       (f) Priority.--In making grants under this subsection, the 
     Director shall give priority to areas experiencing a high 
     rate or rapid increase in drug abuse and addiction.
       (g) 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, subject to the availability of qualified 
     applicants for the awards.
       (h) Duration of Award.--The period during which payments 
     are made to an entity from an award under subsection (a) may 
     not exceed 5 years. The provision of such payments shall be 
     subject to annual approval by the Director of the payments 
     and subject to the availability of appropriations for the 
     fiscal year involved to make the payments. This subsection 
     may not be construed to establish a limitation on the number 
     of awards under such subsection that may be made to an 
     entity.
       (i) 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.
       (j) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.75 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary for each of the fiscal years 2002, 2003, and 2004.

     SEC. 2206. 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 
     that are effective and science-based 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.--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--
       ``(1) the applicant has the capacity to carry out a program 
     described in subsection (a);
       ``(2) the plans of the applicant for such a program are 
     consistent with the policies of such agency regarding the 
     treatment of substance abuse; and
       ``(3) 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.
       ``(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
       ``(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

[[Page 27884]]

     (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) Priority.--In making grants under this subsection, 
     the Director shall give priority to areas experiencing a high 
     rate or rapid increase in drug abuse and addiction.
       ``(n) 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.
       ``(o) 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.
       ``(p) 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.
       ``(q) Reports to Congress.--
       ``(1) Initial report.--Not later than October 1, 2001, 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.
       ``(r) 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).
       ``(s) 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 through 2004. There is authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund such sums as are 
     necessary in each of fiscal years 2002, 2003, and 2004.
       ``(2) Minimum allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State,together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.75 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section.
       ``(3) 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.
       ``(4) 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.''.

     SEC. 2207. COORDINATED JUVENILE SERVICES GRANTS.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting 
     after section 205 the following:

     ``SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.

       ``(a) In General.--The Attorney General and the Secretary 
     of Health and Human Services shall make grants to a 
     consortium within a State consisting of State or local 
     juvenile justice agencies, State or local substance abuse and 
     mental health agencies, and child service agencies to 
     coordinate the delivery of services to children among these 
     agencies.
       ``(b) Use of Funds.--A consortium described in subsection 
     (a) that receives a grant under this section shall use the 
     grant for the establishment and implementation of programs 
     that address the service needs of juveniles with substance 
     abuse and treatment problems who come into contact with the 
     justice system by requiring the following:
       ``(1) Collaboration across child serving systems, including 
     juvenile justice agencies, relevant substance abuse and 
     mental health treatment providers, and State or local 
     educational entities and welfare agencies.
       ``(2) Appropriate screening and assessment of juveniles.
       ``(3) Individual treatment plans.
       ``(4) Significant involvement of juvenile judges where 
     possible.
       ``(c) Application for Coordinated Juvenile Services 
     Grant.--
       ``(1) In general.--A consortium described in subsection (a) 
     desiring to receive a grant under this section shall submit 
     an application containing such information as the 
     Administrator may prescribe.
       ``(2) Contents.--In addition to guidelines established by 
     the Administrator, each application submitted under paragraph 
     (1) shall provide--
       ``(A) certification 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;
       ``(B) for the regular evaluation of the program funded by 
     the grant and describe the methodology that will be used in 
     evaluating the program;
       ``(C) assurances that the proposed program or activity will 
     not supplant similar programs and activities currently 
     available in the community; and
       ``(D) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support.
       ``(3) Federal share.--The Federal share of a grant under 
     this section shall not exceed 75 percent of the cost of the 
     program.

[[Page 27885]]

       ``(d) Report.--Each recipient of a grant under this section 
     during a fiscal year shall submit to the Attorney General a 
     description and an evaluation report regarding the 
     effectiveness of programs established with the grant on the 
     date specified by the Attorney General.
       ``(e) Authorization of Appropriations.--There shall be made 
     available from the Violent Crime Reduction Trust Fund for 
     each of fiscal years 2002 through 2004, such sums as are 
     necessary to carry out this section.''.

     SEC. 2208. EXPANSION OF RESEARCH.

       Section 464L of the Public Health Service Act (42 U.S.C. 
     285o) is amended by adding at the end the following:
       ``(f) Drug Abuse Research.--
       ``(1) Grants or cooperative agreements.--The Director of 
     the Institute shall make grants or enter into cooperative 
     agreements to conduct research on drug abuse treatment and 
     prevention, and as is necessary to establish up to 12 new 
     National Drug Abuse Treatment Clinical Trials Network (CTN) 
     Centers to develop and test an array of behavioral and 
     pharmacological treatments and to determine the conditions 
     under which novel treatments are successfully adopted by 
     local treatment clinics.
       ``(2) Use of funds.--Amounts made available under a grant 
     or cooperative agreement under paragraph (1) for drug abuse 
     and addiction may be used for research and clinical trials 
     relating to--
       ``(A) the effects of drug abuse on the human body, 
     including the brain;
       ``(B) the addictive nature of various drugs and how such 
     effects differ with respect to different individuals;
       ``(C) the connection between drug abuse, mental health, and 
     teenage suicide;
       ``(D) the identification and evaluation of the most 
     effective methods of prevention of drug abuse and addiction 
     among juveniles and adults;
       ``(E) the identification and development of the most 
     effective methods of treatment of drug addiction, including 
     pharmacological treatments;
       ``(F) risk factors for drug abuse;
       ``(G) effects of drug abuse and addiction on pregnant women 
     and their fetuses; and
       ``(H) cultural, social, behavioral, neurological and 
     psychological reasons that individuals, including juveniles, 
     abuse drugs or refrain from abusing drugs.
       ``(3) Research results.--The Director shall promptly 
     disseminate research results under this subsection to 
     Federal, State and local entities involved in combating drug 
     abuse and addiction.
       ``(4) Authorization of appropriations.--
       ``(A) Authorization of appropriations.--For the purpose of 
     carrying out paragraphs (1), (2), and (3) there is authorized 
     to be appropriated such sums as are necessary for fiscal year 
     2002, and such sums as may be necessary for fiscal years 2003 
     and 2004, for establishment of up to 12 new CTN Centers and 
     for the identification and development of the most effective 
     methods of treatment and prevention of drug addiction, 
     including behavioral, cognitive, and pharmacological 
     treatments among juveniles and adults.
       ``(B) Supplement not supplant.--Amounts appropriated 
     pursuant to the authorization of appropriations in 
     subparagraph (A) for a fiscal year shall supplement and not 
     supplant any other amounts appropriated in such fiscal year 
     for research on drug abuse and addiction.''.

     SEC. 2209. REPORT ON DRUG-TESTING TECHNOLOGIES.

       (a) Requirement.--The National Institute on Standards and 
     Technology shall conduct a study of drug-testing technologies 
     in order to identify and assess the efficacy, accuracy, and 
     usefulness for purposes of the National effort to detect the 
     use of illicit drugs of any drug-testing technologies 
     (including the testing of hair) that may be used as 
     alternatives or complements to urinalysis as a means of 
     detecting the use of such drugs.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Institute shall submit to Congress 
     a report on the results of the study conducted under 
     subsection (a).

     SEC. 2210. USE OF NATIONAL INSTITUTES OF HEALTH SUBSTANCE 
                   ABUSE RESEARCH.

       (a) National Institute on Alcohol Abuse and Alcoholism.--
     Section 464H of the Public Health Service Act (42 U.S.C. 
     285n) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Requirement To Ensure That Research Aids 
     Practitioners.--The Director, in conjunction with the 
     Director of the National Institute on Drug Abuse and the 
     Administrator of the Substance Abuse and Mental Health 
     Services Administration, shall--
       ``(1) ensure that the results of all current substance 
     abuse research that is set aside for services (and other 
     appropriate research with practical consequences) is widely 
     disseminated to treatment, prevention, and general 
     practitioners in an easily understandable format;
       ``(2) ensure that such research results are disseminated in 
     a manner that provides easily understandable steps for the 
     implementation of best practices based on the research; and
       ``(3) make technical assistance available to the Center for 
     Substance Abuse Treatment and the Center for Substance Abuse 
     Prevention to assist alcohol and drug treatment and 
     prevention practitioners, including general practitioners, to 
     make permanent changes in treatment and prevention activities 
     through the use of successful models.''.
       (b) National Institute on Drug Abuse.--Section 464L of the 
     Public Health Service Act (42 U.S.C. 285o) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Requirement To Ensure That Research Aids 
     Practitioners.--The Director, in conjunction with the 
     Director of the National Institute on Alcohol Abuse and 
     Alcoholism and the Administrator of the Substance Abuse and 
     Mental Health Services Administration, shall--
       ``(1) ensure that the results of all current substance 
     abuse research that is set aside for services (and other 
     appropriate research with practical consequences) is widely 
     disseminated to treatment and prevention practitioners, 
     including general practitioners, in an easily understandable 
     format;
       ``(2) ensure that such research results are disseminated in 
     a manner that provides easily understandable steps for the 
     implementation of best practices based on the research; and
       ``(3) make technical assistance available to the Center for 
     Substance Abuse Treatment and the Center for Substance Abuse 
     Prevention to assist alcohol and drug treatment practitioners 
     to make permanent changes in treatment and prevention 
     activities through the use of successful models.''.

     SEC. 2211. STUDY ON STRENGTHENING EFFORTS ON SUBSTANCE ABUSE 
                   RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH.

       (a) Study.--The Secretary of Health and Human Services (in 
     this section referred to as the ``Secretary''), shall enter 
     into a contract, under subsection (b), to conduct a study to 
     determine if combining the National Institute on Drug Abuse 
     and the National Institute on Alcohol Abuse and Alcoholism of 
     the National Institutes of Health to form 1 National 
     Institute on Addiction would--
       (1) strengthen the scientific research efforts on substance 
     abuse at the National Institutes of Health; and
       (2) be more economically efficient.
       (b) Institute of Medicine of the National Academy of 
     Sciences.--The Secretary shall request the Institute of 
     Medicine of the National Academy of Sciences to enter into a 
     contract under subsection (a) to conduct the study described 
     in subsection (a).
       (c) Report.--Not later than 9 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on the Judiciary of the Senate--
       (1) a report detailing the results of the study conducted 
     under subsection (a); and
       (2) any recommendations.

           Subtitle C--School Safety and Character Education

                        CHAPTER 1--SCHOOL SAFETY

     SEC. 2301. ALTERNATIVE EDUCATION.

       Part D of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6421 et seq.) is amended by adding at 
     the end the following:

    ``Subpart 4--Alternative Education Demonstration Project Grants

     ``SEC. 1441. PROGRAM AUTHORITY.

       ``(a) Grants.--
       ``(1) In general.--From amounts appropriated under section 
     1443, the Secretary, in consultation with the Administrator, 
     shall make grants to State educational agencies or local 
     educational agencies for not less than 10 demonstration 
     projects that enable the agencies to develop models for and 
     carry out alternative education for at-risk youth.
       ``(2) Construction.--Nothing in this subpart shall be 
     construed to affect the requirements of the Individuals with 
     Disabilities Education Act.
       ``(b) Demonstration Projects.--
       ``(1) Partnerships.--Each agency receiving a grant under 
     this subpart may enter into a partnership with a private 
     sector entity to provide alternative educational services to 
     at-risk youth.
       ``(2) Requirements.--Each demonstration project assisted 
     under this subpart shall--
       ``(A) accept for alternative education at-risk or 
     delinquent youth who are referred by a local school or by a 
     court with a juvenile delinquency docket and who--
       ``(i) have demonstrated a pattern of serious and persistent 
     behavior problems in regular schools;
       ``(ii) are at risk of dropping out of school;
       ``(iii) have been convicted of a criminal offense or 
     adjudicated delinquent for an act of juvenile delinquency, 
     and are under a court's supervision; or
       ``(iv) have demonstrated that continued enrollment in a 
     regular classroom--

       ``(I) poses a physical threat to other students; or
       ``(II) inhibits an atmosphere conducive to learning; and

       ``(B) provide for accelerated learning, in a safe, secure, 
     and disciplined environment, including--

[[Page 27886]]

       ``(i) basic curriculum focused on mastery of essential 
     skills, including targeted instruction in basic skills 
     required for secondary school graduation and employment; and
       ``(ii) emphasis on--

       ``(I) personal, academic, social, and workplace skills; and
       ``(II) behavior modification.

       ``(c) Applicability.--Except as provided in subsections (c) 
     and (e) of section 1442, the provisions of section 1401(c), 
     1402, and 1431, and subparts 1 and 2, shall not apply to this 
     subpart.
       ``(d) Definition of Administrator.--In this subpart, the 
     term `Administrator' means the Administrator of the Office of 
     Juvenile Crime Control and Prevention of the Department of 
     Justice.

     ``SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

       ``(a) Applications.--Each State educational agency and 
     local educational agency seeking a grant under this subpart 
     shall submit an application in such form, and containing such 
     information, as the Secretary, in consultation with the 
     Administrator, may reasonably require.
       ``(b) Selection of Grantees.--
       ``(1) In general.--The Secretary shall select State 
     educational agencies and local educational agencies to 
     receive grants under this subpart on an equitable geographic 
     basis, including selecting agencies that serve urban, 
     suburban, and rural populations.
       ``(2) Minimum.--The Secretary shall award a grant under 
     this subpart to not less than 1 agency serving a population 
     with a significant percentage of Native Americans.
       ``(3) Priority.--In awarding grants under this subpart, the 
     Secretary may give priority to State educational agencies and 
     local educational agencies that demonstrate in the 
     application submitted under subsection (a) that the State has 
     a policy of equitably distributing resources among school 
     districts in the State.
       ``(c) Qualifications.--To qualify for a grant under this 
     subpart, a State educational agency or local educational 
     agency shall--
       ``(1) in the case of a State educational agency, have 
     submitted a State plan under section 1414(a) that is approved 
     by the Secretary;
       ``(2) in the case of a local educational agency, have 
     submitted an application under section 1423 that is approved 
     by the State educational agency;
       ``(3) explain the educational and juvenile justice needs of 
     the community to be addressed by the demonstration project;
       ``(4) provide a detailed plan to implement the 
     demonstration project; and
       ``(5) provide assurances and an explanation of the agency's 
     ability to continue the program funded by the demonstration 
     project after the termination of Federal funding under this 
     subpart.
       ``(d) Matching Requirement.--
       ``(1) In general.--Grant funds provided under this subpart 
     shall not constitute more than 35 percent of the cost of the 
     demonstration project funded.
       ``(2) Source of funds.--Matching funds for grants under 
     this subpart may be derived from amounts available under part 
     B of title II, of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5611 et seq.) to the State 
     in which the demonstration project will be carried out, 
     except that the total share of funds derived from Federal 
     sources shall not exceed 50 percent of the cost of the 
     demonstration project.
       ``(e) Program Evaluation.--
       ``(1) In general.--Each State educational agency or local 
     educational agency that receives a grant under this subpart 
     shall evaluate the demonstration project assisted under this 
     subpart in the same manner as programs are evaluated under 
     section 1431. In addition, the evaluation shall include--
       ``(A) an evaluation of the effect of the alternative 
     education project on order, discipline, and an effective 
     learning environment in regular classrooms;
       ``(B) an evaluation of the project's effectiveness in 
     improving the skills and abilities of at-risk students 
     assigned to alternative education, including an analysis of 
     the academic and social progress of such students; and
       ``(C) an evaluation of the project's effectiveness in 
     reducing juvenile crime and delinquency, including--
       ``(i) reductions in incidents of campus crime in relevant 
     school districts, compared with school districts not included 
     in the project; and
       ``(ii) reductions in recidivism by at-risk students who 
     have juvenile justice system involvement and are assigned to 
     alternative education.
       ``(2) Evaluation by the secretary.--The Secretary, in 
     cooperation with the Administrator, shall comparatively 
     evaluate each of the demonstration projects funded under this 
     subpart, including an evaluation of the effectiveness of 
     private sector educational services, and shall report the 
     findings of the evaluation to the Committee on Education and 
     the Workforce of the House of Representatives and the 
     Committees on the Judiciary and Health, Education, Labor and 
     Pensions of the Senate not later than June 30, 2007.

     ``SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart such sums as are necessary for each of fiscal years 
     2002, 2003, and 2004.''.

     SEC. 2302. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

       Part F of title XIV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 14604. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

       ``(a) Nonapplication of Provisions.--The provisions of this 
     section shall not apply to any disciplinary records 
     transferred from a private, parochial, or other nonpublic 
     school, person, institution, or other entity, that provides 
     education below the college level.
       ``(b) Disciplinary Records.--Not later than 2 years after 
     the date of enactment of the Drug Abuse Education, 
     Prevention, and Treatment Act of 2001, each State receiving 
     Federal funds under this Act shall provide an assurance to 
     the Secretary that the State has a procedure in place to 
     facilitate the transfer of disciplinary records by local 
     educational agencies to any private or public elementary 
     school or secondary school for any student who is enrolled or 
     seeks, intends, or is instructed to enroll, full-time or 
     part-time, in the school.''.

                     CHAPTER 2--CHARACTER EDUCATION

           Subchapter A--National Character Achievement Award

     SEC. 2311. NATIONAL CHARACTER ACHIEVEMENT AWARD.

       (a) Presentation Authorized.--The President is authorized 
     to award to individuals under the age of 18, on behalf of the 
     Congress, a National Character Achievement Award, consisting 
     of a medal of appropriate design, with ribbons and 
     appurtenances, honoring those individuals for distinguishing 
     themselves as a model of good character.
       (b) Design and Striking.--For the purposes of the award 
     referred to in subsection (a), the Secretary of the Treasury 
     shall design and strike a medal with suitable emblems, 
     devices, and inscriptions, to be determined by such 
     Secretary.
       (c) Eligibility.--
       (1) In general.--The President pro tempore of the Senate 
     and the Speaker of the House of Representatives shall 
     establish procedures for the processing of recommendations to 
     be forwarded to the President for awarding National Character 
     Achievement Awards under subsection (a).
       (2) Recommendations by school principals.--At a minimum, 
     the recommendations referred to in paragraph (1) shall 
     contain the endorsement of the principal (or equivalent 
     official) of the school in which the individual under the age 
     of 18 is enrolled.

    Subchapter B--Preventing Juvenile Delinquency Through Character 
                               Education

     SEC. 2321. PURPOSE.

       The purpose of this subchapter is to support the work of 
     community-based organizations, local educational agencies, 
     and schools in providing children and youth with alternatives 
     to delinquency through strong after school programs that--
       (1) are organized around character education;
       (2) reduce delinquency, school discipline problems, and 
     truancy; and
       (3) improve student achievement, overall school 
     performance, and youths' positive involvement in their 
     community.

     SEC. 2322. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out the after school programs under this subchapter, 
     such sums as are necessary for fiscal year 2002, and such 
     sums as may be necessary for each of the 2 succeeding fiscal 
     years.
       (b) Source of Funding.--Amounts authorized to be 
     appropriated pursuant to this section may be derived from the 
     Violent Crime Reduction Trust Fund.

     SEC. 2323. AFTER SCHOOL PROGRAMS.

       (a) In General.--The Secretary, in consultation with the 
     Attorney General, is authorized to award grants to community-
     based organizations to enable the organizations to provide 
     youth with alternative activities, in the after school or out 
     of school hours, that include a strong character education 
     component.
       (b) Eligible Community-Based Organizations.--The Secretary 
     shall only award a grant under this section to a community-
     based organization that has a demonstrated capacity to 
     provide after school or out of school programs to youth, 
     including youth serving organizations, businesses, and other 
     community groups.
       (c) Applications.--Each community-based organization 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require. Each application shall 
     include--
       (1) a description of the community to be served and the 
     needs that will be met through the program in that community;
       (2) a description of how the program will identify and 
     recruit at-risk youth for participation in the program, and 
     how the program will provide continuing support for the 
     participation of such youth;
       (3) a description of the activities to be assisted under 
     the grant, including--
       (A) how parents, students, and other members of the 
     community will be involved in

[[Page 27887]]

     the design and implementation of the program;
       (B) how character education will be incorporated into the 
     program; and
       (C) how the program will coordinate activities assisted 
     under this section with activities of schools and other 
     community-based organizations;
       (4) a description of the goals of the program;
       (5) a description of how progress toward achieving such 
     goals, and toward meeting the purposes of this subchapter, 
     will be measured; and
       (6) an assurance that the community-based organization will 
     provide the Secretary with information regarding the program 
     and the effectiveness of the program.

     SEC. 2324. GENERAL PROVISIONS.

       (a) Duration.--Each grant under this subchapter shall be 
     awarded for a period of not to exceed 5 years.
       (b) Planning.--A community-based organization may use grant 
     funds provided under this subchapter for not more than 1 year 
     for the planning and design of the program to be assisted.
       (c) Selection of Grantees.--
       (1) Criteria.--The Secretary, in consultation with the 
     Attorney General, shall select, through a peer review 
     process, community-based organizations to receive grants 
     under this subchapter on the basis of the quality of the 
     applications submitted and taking into consideration such 
     factors as--
       (A) the quality of the activities to be assisted;
       (B) the extent to which the program fosters in youth the 
     elements of character and reaches youth at-risk of 
     delinquency;
       (C) the quality of the plan for measuring and assessing the 
     success of the program;
       (D) the likelihood the goals of the program will be 
     realistically achieved;
       (E) the experience of the applicant in providing similar 
     services; and
       (F) the coordination of the program with larger community 
     efforts in character education.
       (2) Diversity of projects.--The Secretary shall approve 
     applications under this subchapter in a manner that ensures, 
     to the extent practicable, that programs assisted under this 
     subchapter serve different areas of the United States, 
     including urban, suburban and rural areas, and serve at-risk 
     populations.
       (d) Use of Funds.--Grant funds under this subchapter shall 
     be used to support the work of community-based organizations, 
     schools, or local educational agencies in providing children 
     and youth with alternatives to delinquency through strong 
     after school, or out of school programs that--
       (1) are organized around character education;
       (2) reduce delinquency, school discipline problems, and 
     truancy; and
       (3) improve student achievement, overall school 
     performance, and youths' positive involvement in their 
     community.
       (e) Definitions.--In this subchapter:
       (1) In general.--The terms used shall have the meanings 
     given such terms in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801).
       (2) Character education.--The term ``character education'' 
     means an organized educational program that works to 
     reinforce core elements of character, including caring, civic 
     virtue and citizenship, justice and fairness, respect, 
     responsibility, and trustworthiness.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

Subchapter C--Counseling, Training, and Mentoring Children of Prisoners

     SEC. 2331. PURPOSE.

       The purpose of this subchapter is to support the work of 
     community-based organizations in providing counseling, 
     training, and mentoring services to America's most at-risk 
     children and youth in low-income and high-crime communities 
     who have a parent or legal guardian that is incarcerated in a 
     Federal, State, or local correctional facility.

     SEC. 2332. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out programs under this subchapter, such sums as are 
     necessary for fiscal year 2002, and such sums as may be 
     necessary for each of the 2 succeeding fiscal years.
       (b) Source of Funding.--Amounts authorized to be 
     appropriated pursuant to this section may be derived from the 
     Violent Crime Reduction Trust Fund.

     SEC. 2333. COUNSELING, TRAINING, AND MENTORING PROGRAMS.

       (a) In General.--The Attorney General shall award grants to 
     community-based organizations to enable the organizations to 
     provide youth who have a parent or legal guardian 
     incarcerated in a Federal, State, or local correctional 
     facility with counseling, training, and mentoring services in 
     low-income and high-crime communities that include--
       (1) counseling, including drug prevention counseling;
       (2) academic tutoring, including online computer academic 
     programs that focus on the development and reinforcement of 
     basic skills;
       (3) technology training, including computer skills;
       (4) job skills and vocational training; and
       (5) confidence building mentoring services.
       (b) Eligible Community-Based Organizations.--The Attorney 
     General shall only award a grant under this section to a 
     community-based organization that has a demonstrated capacity 
     to provide after school or out of school programs to youth, 
     including youth serving organizations, businesses, and other 
     community groups.
       (c) Applications.--Each community-based organization 
     desiring a grant under this section shall submit an 
     application to the Attorney General at such time and in such 
     manner as the Attorney General may require. Each application 
     shall include--
       (1) a description of the community to be served and the 
     needs that will be met through the program in that community;
       (2) a description of how the program will identify and 
     recruit youth who have a parent or legal guardian that is 
     incarcerated in a Federal, State, or local correctional 
     facility for participation in the program, and how the 
     program will provide continuing support for the participation 
     of such youth;
       (3) a description of the activities to be assisted under 
     the grant, including--
       (A) how parents, residents, and other members of the 
     community will be involved in the design and implementation 
     of the program; and
       (B) how counseling, training, and mentoring services will 
     be incorporated into the program;
       (4) a description of the goals of the program;
       (5) a description of how progress toward achieving such 
     goals, and toward meeting the purposes of this subchapter, 
     will be measured; and
       (6) an assurance that the community-based organization will 
     provide the Attorney General with information regarding the 
     program and the effectiveness of the program.

     SEC. 2334. GENERAL PROVISIONS.

       (a) Duration.--Each grant under this subchapter shall be 
     awarded for a period of not to exceed 5 years.
       (b) Planning.--A community-based organization may use grant 
     funds provided under this subchapter for not more than 1 year 
     for the planning and design of the program to be assisted.
       (c) Selection of Grantees.--
       (1) Criteria.--The Attorney General shall select, through a 
     peer review process, community-based organizations to receive 
     grants under this subchapter on the basis of the quality of 
     the applications submitted and taking into consideration such 
     factors as--
       (A) the quality of the activities to be assisted;
       (B) the extent to which the program fosters positive youth 
     development and encourages meaningful and rewarding 
     lifestyles;
       (C) the likelihood the goals of the program will be 
     realistically achieved;
       (D) the experience of the applicant in providing similar 
     services; and
       (E) the coordination of the program with larger community 
     efforts.
       (2) Diversity of projects.--The Attorney General shall 
     approve applications under this subchapter in a manner that 
     ensures, to the extent practicable, that programs assisted 
     under this subchapter serve different low-income and high-
     crime communities of the United States.
       (d) Use of Funds.--Grant funds under this subchapter shall 
     be used to support the work of community-based organizations 
     in providing children of incarcerated parents or legal 
     guardians with alternatives to delinquency through strong 
     after school, or out of school programs that--
       (1) are organized around counseling, training, and 
     mentoring;
       (2) reduce delinquency, school discipline problems, and 
     truancy; and
       (3) improve student achievement, overall school 
     performance, and youths' positive involvement in their 
     community.

               Subtitle D--Reestablishment of Drug Courts

     SEC. 2401. REESTABLISHMENT OF DRUG COURTS.

       (a) 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 DD the following new part:

                         ``PART EE--DRUG COURTS

     ``SEC. 2951. GRANT AUTHORITY.

       ``(a) In General.--The Attorney General may make grants to 
     States, State courts, local courts, units of local 
     government, and Indian tribal governments, acting directly or 
     through agreements with other public or private entities, for 
     programs that involve--
       ``(1) continuing judicial supervision over offenders with 
     substance abuse problems who are not violent offenders; and
       ``(2) the integrated administration of other sanctions and 
     services, which shall include--
       ``(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

[[Page 27888]]

     based on noncompliance with program requirements or failure 
     to show satisfactory progress;
       ``(D) 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 services for each participant who 
     requires such services;
       ``(E) payment, in whole or part, by the offender of 
     treatment costs, to the extent practicable, such as costs for 
     urinalysis or counseling; and
       ``(F) payment, in whole or part, by the offender of 
     restitution, to the extent practicable, to either a victim of 
     the offender's offense or to a restitution or similar victim 
     support fund.
       ``(b) Limitation.--Economic sanctions imposed on an 
     offender pursuant to this section shall not be at a level 
     that would interfere with the offender's rehabilitation.

     ``SEC. 2952. PROHIBITION OF PARTICIPATION BY VIOLENT 
                   OFFENDERS.

       ``The Attorney General shall--
       ``(1) issue regulations or guidelines to ensure that the 
     programs authorized in this part do not permit participation 
     by violent offenders; and
       ``(2) immediately suspend funding for any grant under this 
     part, pending compliance, if the Attorney General finds that 
     violent offenders are participating in any program funded 
     under this part.

     ``SEC. 2953. DEFINITION.

       ``In this part, the term `violent offender' means a person 
     who--
       ``(1) is charged with or convicted of an offense, during 
     the course of which offense or conduct--
       ``(A) the person carried, possessed, or used a firearm or 
     dangerous weapon;
       ``(B) there occurred the death of or serious bodily injury 
     to any person; or
       ``(C) there occurred the use of force against the person of 
     another, without regard to whether any of the circumstances 
     described in subparagraph (A) or (B) is an element of the 
     offense or conduct of which or for which the person is 
     charged or convicted; or
       ``(2) has 1 or more prior convictions for a felony crime of 
     violence involving the use or attempted use of force against 
     a person with the intent to cause death or serious bodily 
     harm.

     ``SEC. 2954. ADMINISTRATION.

       ``(a) Consultation.--The Attorney General shall consult 
     with the Secretary of Health and Human Services and any other 
     appropriate officials in carrying out this part.
       ``(b) Use of Components.--The Attorney General may utilize 
     any component or components of the Department of Justice in 
     carrying out this part.
       ``(c) Regulatory Authority.--The Attorney General may issue 
     regulations and guidelines necessary to carry out this part.
       ``(d) 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 applicant's inability to fund the program 
     adequately without Federal assistance;
       ``(3) certify that the Federal support provided will be 
     used to supplement, and not supplant, State, Indian tribal, 
     and local sources of funding that would otherwise be 
     available;
       ``(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 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 1 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. 2955. APPLICATIONS.

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

     ``SEC. 2956. 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 
     2955 for the fiscal year for which the program receives 
     assistance under this part, unless the Attorney General 
     waives, wholly or in part, the requirement of a matching 
     contribution under this section.
       ``(b) In-Kind Contributions.--In-kind contributions may 
     constitute a portion of the non-Federal share of a grant.

     ``SEC. 2957. DISTRIBUTION AND ALLOCATION.

       ``(a) Geographic Distribution.--The Attorney General shall 
     ensure that, to the extent practicable, an equitable 
     geographic distribution of grant awards is made.
       ``(b) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this part have been funded, such 
     State, together with grantees within the State (other than 
     Indian tribes), shall be allocated in each fiscal year under 
     this part not less than 0.75 percent of the total amount 
     appropriated in the fiscal year for grants pursuant to this 
     part.

     ``SEC. 2958. REPORT.

       ``A State, Indian tribal government, or unit of local 
     government that receives funds under this part during a 
     fiscal year shall submit to the Attorney General a 
     description and an evaluation report on a date specified by 
     the Attorney General regarding the effectiveness of this 
     part.

     ``SEC. 2959. 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.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended by inserting after the matter 
     relating to part DD the following:

                         ``Part EE--Drug Courts

``Sec. 2951. Grant authority.
``Sec. 2952. Prohibition of participation by violent offenders.
``Sec. 2953. Definition.
``Sec. 2954. Administration.
``Sec. 2955. Applications.
``Sec. 2956. Federal share.
``Sec. 2957. Distribution and allocation.
``Sec. 2958. Report.
``Sec. 2959. Technical assistance, training, and evaluation.''.

     SEC. 2402. AUTHORIZATION OF APPROPRIATIONS.

       Section 1001(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3793) is amended--
       (1) in paragraph (3), by inserting before the period at the 
     end the following: ``or EE''; and
       (2) by adding at the end the following new paragraph:
       ``(20)(A) There are authorized to be appropriated for 
     fiscal year 2002 such sums as are necessary and for fiscal 
     years 2003 and 2004 such sums as may be necessary to carry 
     out part EE.
       ``(B) The Attorney General shall reserve not less than 1 
     percent and not more than 4.5 percent of the sums 
     appropriated for this program in each fiscal year for 
     research and evaluation of this program.''.

 Subtitle E--Program for Successful Reentry of Criminal Offenders Into 
                           Local Communities

     SEC. 2501. SHORT TITLE.

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

     SEC. 2502. 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.

           CHAPTER 1--FEDERAL REENTRY DEMONSTRATION PROJECTS

     SEC. 2511. FEDERAL COMMUNITY CORRECTIONS CENTERS REENTRY 
                   PROJECT.

       (a) Authority and Establishment of Federal Community 
     Corrections Centers Reentry Project.--Subject to the 
     availability of appropriations to carry out this chapter, the 
     Attorney General and the Director of the

[[Page 27889]]

     Administrative Office of the United States Courts, shall 
     establish the Federal Reentry project. The project shall 
     involve appropriate prisoners released from the Federal 
     prison population to a community corrections center during 
     fiscal years 2003 and 2004, 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 
     center, who shall initially meet with the prisoner to develop 
     a reentry plan tailored to the needs of the prisoner and 
     taking into account the views of the victim advocate and the 
     family of the prisoner, if it is safe for the victim, and 
     will thereafter meet regularly to monitor the prisoner's 
     progress toward reentry and coordinate access to appropriate 
     reentry measures and resources;
       (2) drug testing, as appropriate;
       (3) a system of graduated levels of supervision within the 
     community corrections centers 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 basic 
     educational training, 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' release, as appropriate.
       (c) Probation Officers.--From funds made available to carry 
     out this Act, the Director of the Administrative Office of 
     the United States Courts shall appoint 1 or more probation 
     officers from each judicial district to the Reentry 
     Demonstration project. Such officers shall serve as reentry 
     officers and shall serve on the Reentry Review Teams.
       (d) Project Duration.--The Community Corrections Center 
     Reentry project shall begin not later than 9 months following 
     the availability of funds to carry out this section, and 
     shall last 5 years. The Attorney General and the Director of 
     the Administrative Office of the United States Courts 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 Prisoners.--The Director of the 
     Administrative Office of the United States Courts in 
     consultation with the Attorney General shall select an 
     appropriate pool of prisoners from the Federal prison 
     population scheduled to be released to community correction 
     centers in fiscal years 2003 and 2004 to participate in the 
     Reentry project.
       (f) Coordination of Projects.--If appropriate, Community 
     Corrections Center Reentry project offenders who participated 
     in the Enhanced In-Prison Vocational Assessment and Training 
     Demonstration project established by section 615 may be 
     included.

     SEC. 2512. FEDERAL HIGH-RISK OFFENDER REENTRY PROJECT.

       (a) Authority and Establishment of Federal High-Risk 
     Offender Project.--Subject to the availability of 
     appropriations to carry out this Act, the Director of the 
     Administrative Office of the United States Courts shall 
     establish the Federal High-Risk Offender Reentry project. The 
     project shall involve Federal offenders under supervised 
     release who have violated the terms of their release 
     following a term of imprisonment and shall utilize, as 
     appropriate and indicated, community corrections centers, 
     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 violated 
     the terms of their release following a term of imprisonment;
       (2) use of community corrections centers 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 basic 
     educational training, and other programming to promote 
     effective reintegration into the community as needed;
       (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 release, as appropriate.
       (c) Condition of Supervised Release.--During the 
     demonstration project, appropriate offenders who are found to 
     have violated a term of supervised release and who will be 
     subject to some additional term of supervised release, may be 
     designated to participate in the demonstration project. With 
     respect to these offenders, the court may impose additional 
     conditions of supervised release that each offender shall, as 
     directed by the probation officer, reside at a community 
     corrections center or participate in a program of home 
     confinement, or both, and submit to appropriate location 
     verification monitoring. The court may also impose additional 
     correctional intervention conditions as appropriate.
       (d) Project Duration.--The Federal High-Risk Offender 
     Reentry Project shall begin not later than 9 months following 
     the availability of funds to carry out this section, and 
     shall last 5 years. The Director of the Administrative Office 
     of the United States Courts may extend the project for a 
     period of up to 6 months to enable participating prisoners to 
     complete their involvement in the project.
       (e) Selection of Offenders.--The Director of the 
     Administrative Office of the United States Courts shall 
     select an appropriate pool of offenders who are found by the 
     court to have violated a term of supervised release during 
     fiscal year 2003 and 2004 to participate in the Federal High-
     Risk Offender Reentry project.

     SEC. 2513. 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 Act, 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 release of the parolee 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, 
     victim restitution, to the extent practicable, 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 basic 
     educational training, and other programming to promote 
     effective reintegration into the community as needed;
       (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

[[Page 27890]]

     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. 2514. FEDERAL INTENSIVE SUPERVISION, TRACKING, AND 
                   REENTRY TRAINING (FED ISTART) PROJECT.

       (a) Authority and Establishment of Project.--Subject to the 
     availability of appropriations 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 Intensive Supervision, Tracking and 
     Reentry Training (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 center.
       (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 basic 
     educational training, 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 Project shall begin not later 
     than 9 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 6 months to enable 
     participating prisoners to complete their involvement in the 
     project.
       (d) Selection of Prisoners.--The Director of the 
     Administrative Office of the United States Courts, in 
     consultation with the Attorney General, shall select an 
     appropriate pool of Federal prisoners who are scheduled to be 
     released into the community without a period of confinement 
     in a community corrections center in fiscal years 2003 and 
     2004 to participate in the Federal Intensive Supervision, 
     Tracking and Reentry Training project.

     SEC. 2515. FEDERAL ENHANCED IN-PRISON VOCATIONAL ASSESSMENT 
                   AND TRAINING AND 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 Demonstration shall begin not 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 participating prisoners to complete their 
     involvement in the project.

     SEC. 2516. RESEARCH AND REPORTS TO CONGRESS.

       (a) Director of the Administrative Office of the United 
     States Courts.--Not later than 2 years after enactment of 
     this Act, the Director of the Administrative Office of the 
     United States Courts shall report to Congress on the progress 
     of the reentry projects authorized by sections 2511, 2512, 
     and 2514. Not later than 2 years after the end of the reentry 
     projects authorized by sections 2511, 2512, and 2514, 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 2511, 2512, and 2514 
     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 of the House of Representatives and the 
     Senate.
       (b) Attorney General.--Not later than 2 years after 
     enactment of this Act, the Attorney General shall report to 
     Congress on the progress of the projects authorized by 
     section 2515. Not later than 180 days after the end of the 
     projects authorized by section 2515, the Attorney General 
     shall report to Congress on the effectiveness of the reentry 
     projects authorized by section 2515 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 
     of the House of Representatives and the Senate.
       (c) DC iSTART.--Not later than 2 years after 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 (Public Law 105-33; 111 Stat. 712) shall report to 
     Congress on the progress of the demonstration project 
     authorized by section 2515. Not later than 1 year after the 
     end of the demonstration project authorized by section 2513, 
     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 
     (Public Law 105-33; 111 Stat. 712) shall report to Congress 
     on the effectiveness of the reentry project authorized by 
     section 2513 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 of 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 (Public Law 105-33; 111 Stat. 712) is 
     not in operation 1 year after 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 (Public Law 105-33; 111 Stat. 712) to 
     carry out this chapter.

     SEC. 2517. DEFINITIONS.

       In this chapter:
       (1) Appropriate high risk parolees.--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.
       (2) Appropriate prisoner.--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.

     SEC. 2518. AUTHORIZATION OF APPROPRIATIONS.

       To carry out this chapter, there are authorized to be 
     appropriated, to remain available until expended, the 
     following amounts:
       (1) To the Federal Bureau of Prisons--
       (A) such sums as are necessary for fiscal year 2002;
       (B) such sums as are necessary for fiscal year 2003; and
       (C) such sums as are necessary for fiscal year 2004.
       (2) To the Federal Judiciary--
       (A) such sums as are necessary for fiscal year 2002;
       (B) such sums as are necessary for fiscal year 2003;
       (C) such sums as are necessary for fiscal year 2004;
       (D) such sums as are necessary for fiscal year 2005; and
       (E) such sums as are necessary 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 (Public Law 105-33; 111 Stat. 712)--
       (A) such sums as are necessary for fiscal year 2002;
       (B) such sums as are necessary for fiscal year 2003; and
       (C) such sums as are necessary for fiscal year 2004.

                CHAPTER 2--STATE REENTRY GRANT PROGRAMS

     SEC. 2521. 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 EE the following 
     new part:
       ``PART FF--OFFENDER REENTRY AND COMMUNITY SAFETY

     ``SEC. 2976. 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) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and basic 
     educational training, and other programming to promote 
     effective reintegration into the community as needed;
       ``(3) convening community impact panels, victim impact 
     panels or victim impact educational classes; and
       ``(4) 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

[[Page 27891]]

     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 
     2601(a)--
       ``(1) shall prepare the application as required under 
     subsection 2601(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 75 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 description and an evaluation 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 such sums as are necessary in 
     fiscal year 2002; and such sums as may be necessary for each 
     of the fiscal years 2003 and 2004.
       ``(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. 2977. 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 the following 
     purposes:
       ``(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, 
     family involvement and support, and other services as needed.
       ``(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 
     2603(a)--
       ``(1) shall prepare the application as required under 
     subsection 2603(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 75 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 description and an evaluation 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 such sums as are necessary in 
     fiscal year 2002, and such sums as are necessary for each of 
     the fiscal years 2003 and 2004.
       ``(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. 2978. 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 such 
     sums as are necessary in fiscal year 2002, and such sums as 
     are necessary to carry out this section in fiscal years 2003 
     and 2004.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended, is amended by inserting at 
     the end the following:

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

``Sec. 2976. Adult Offender State and Local Reentry Partnerships.
``Sec. 2977. Juvenile Offender State and Local Reentry Programs.
``Sec. 2978. State Reentry Program Research, Development, and 
              Evaluation.''.

           CHAPTER 3--CONTINUATION OF ASSISTANCE AND BENEFITS

     SEC. 2531. AMENDMENTS TO THE PERSONAL RESPONSIBILITY AND WORK 
                   OPPORTUNITY RECONCILIATION ACT OF 1996.

       Section 115 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is 
     amended--
       (1) in subsection (d), by adding at the end the following:
       ``(3) Inapplicability to certain individuals.--Subsection 
     (a) shall not apply to an individual who--
       ``(A) has successfully completed a substance abuse 
     treatment program and has not committed a subsequent offense 
     described in subsection (a); or
       ``(B) is enrolled in a substance abuse treatment program 
     and is fully complying with the terms and conditions of the 
     program.''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Definitions.--In this section:
       ``(1) Substance abuse treatment program.--The term 
     `substance abuse treatment program' means a course of 
     individual or group activities or both, lasting for a period 
     of not less than 28 days that--
       ``(A) includes residential or outpatient treatment services 
     for substance abuse and is operated by a public, nonprofit, 
     or private entity that meets all applicable State licensure 
     or certification requirements; and
       ``(B) is directed at substance abuse problems and intended 
     to develop cognitive, behavioral, and other skills to address 
     substance abuse and related problems and includes drug 
     testing of patients.
       ``(2) State.--The term `State' has the meaning given it--
       ``(A) in section 419(5) of the Social Security Act, when 
     referring to assistance provided under a State program funded 
     under part A of title IV of the Social Security Act; and
       ``(B) in section 3(m) of the Food Stamp Act of 1977, when 
     referring to the food stamp program (as defined in section 
     3(h) of the Food Stamp Act of 1977) or any State program 
     carried out under the Food Stamp Act of 1977.
       ``(3) Successfully completed.--The term `successfully 
     completed' means has completed the prescribed course of drug 
     treatment.''.

   Subtitle F--Amendment to Foreign Narcotics Kingpin Designation Act

     SEC. 2701. AMENDMENT TO FOREIGN NARCOTICS KINGPIN DESIGNATION 
                   ACT.

       Section 805 of the Foreign Narcotics Kingpin Designation 
     Act (21 U.S.C. 1904) is amended by striking subsection (f).

  Subtitle G--Core Competencies in Drug Abuse Detection and Treatment

     SEC. 2801. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       Subpart 2 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-21 et seq.), as amended by the Youth 
     Drug and Mental Health Services Act (Public Law 106-310), is 
     further amended by adding at the end the following:

[[Page 27892]]



     ``SEC. 519F. CORE COMPETENCIES.

       ``(a) Purpose.--The purpose of this section is--
       ``(1) to educate, train, motivate, and engage key 
     professionals to identify and intervene with children in 
     families affected by substance abuse and to refer members of 
     such families to appropriate programs and services in the 
     communities of such families;
       ``(2) to encourage professionals to collaborate with key 
     professional organizations representing the targeted 
     professional groups, such as groups of educators, social 
     workers, faith community members, and probation officers, for 
     the purposes of developing and implementing relevant core 
     competencies; and
       ``(3) to encourage professionals to develop networks to 
     coordinate local substance abuse prevention coalitions.
       ``(b) Program Authorized.--The Secretary shall award grants 
     to leading nongovernmental organizations with an expertise in 
     aiding children of substance abusing parents or experience 
     with community antidrug coalitions to help professionals 
     participate in such coalitions and identify and help youth 
     affected by familial substance abuse.
       ``(c) Duration of Grants.--No organization shall receive a 
     grant under subsection (c) for more than 5 consecutive years.
       ``(d) Application.--Any organization desiring a grant under 
     subsection (c) shall prepare and submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, including a plan 
     for the evaluation of the project involved, including both 
     process and outcome evaluation, and the submission of the 
     evaluation at the end of the project period.
       ``(e) Use of Funds.--Grants awarded under subsection (c) 
     shall be used to--
       ``(1) develop core competencies with various professional 
     groups that the professionals can use in identifying and 
     referring children affected by substance abuse;
       ``(2) widely disseminate the competencies to professionals 
     and professional organizations through publications and 
     journals that are widely read and respected;
       ``(3) develop training modules around the competencies; and
       ``(4) develop training modules for community coalition 
     leaders to enable such leaders to engage professionals from 
     identified groups at the local level in community-wide 
     prevention and intervention efforts.
       ``(f) Definition.--In this section, the term `professional' 
     includes a physician, student assistance professional, social 
     worker, youth and family social service agency counselor, 
     Head Start teacher, clergy, elementary and secondary school 
     teacher, school counselor, juvenile justice worker, child 
     care provider, or a member of any other professional group in 
     which the members provide services to or interact with 
     children, youth, or families.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, such 
     sums as are necessary for fiscal year 2002, and such sums as 
     may be necessary for each of fiscal years 2003 and 2004.''.

    Subtitle H--Adolescent Therapeutic Community Treatment Programs

     SEC. 2901. PROGRAM AUTHORIZED.

       The Secretary shall award competitive grants to treatment 
     providers who administer treatment programs to enable such 
     providers to establish adolescent residential substance abuse 
     treatment programs that provide services for individuals who 
     are between the ages of 14 and 21.

     SEC. 2902. PREFERENCE.

       In awarding grants under this subtitle, the Secretary shall 
     consider the geographic location of each treatment provider 
     and give preference to such treatment providers that are 
     geographically located in such a manner as to provide 
     services to addicts from non-metropolitan areas.

     SEC. 2903. DURATION OF GRANTS.

       For awards made under this subtitle, the period during 
     which payments are made may not exceed 5 years.

     SEC. 2904. RESTRICTIONS.

       A treatment provider receiving a grant under this subtitle 
     shall not use any amount of the grant for land acquisition or 
     a construction project.

     SEC. 2905. APPLICATION.

       A treatment provider that desires a grant under this 
     subtitle shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.

     SEC. 2906. USE OF FUNDS.

       A treatment provider that receives a grant under this 
     subtitle shall use those funds to provide substance abuse 
     services for adolescents, including--
       (1) a thorough psychosocial assessment;
       (2) individual treatment planning;
       (3) a strong education component integral to the treatment 
     regimen;
       (4) life skills training;
       (5) individual and group counseling;
       (6) family services;
       (7) daily work responsibilities; and
       (8) community-based aftercare, providing 6 months of 
     treatment following discharge from a residential facility.

     SEC. 2907. TREATMENT TYPE.

       The Therapeutic Community model shall be used as a basis 
     for all adolescent residential substance abuse treatment 
     programs established under this subtitle, which shall be 
     characterized by--
       (1) the self-help dynamic, requiring youth to participate 
     actively in their own treatment;
       (2) the role of mutual support and the therapeutic 
     importance of the peer therapy group;
       (3) a strong focus on family involvement and family 
     strengthening;
       (4) a clearly articulated value system emphasizing both 
     individual responsibility and responsibility for the 
     community; and
       (5) an emphasis on development of positive social skills.

     SEC. 2908. REPORT BY PROVIDER.

       Not later than 1 year after receiving a grant under this 
     subtitle, and annually thereafter, a treatment provider shall 
     prepare and submit to the Secretary a report describing the 
     services provided pursuant to this subtitle.

     SEC. 2909. REPORT BY SECRETARY.

       (a) In General.--Not later than 3 months after receiving 
     all reports by providers under section 2908, and annually 
     thereafter, the Secretary shall prepare and submit a report 
     containing information described in subsection (b) to--
       (1) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the United States Senate Caucus on International 
     Narcotics Control;
       (4) the Committee on Commerce of the House of 
     Representatives;
       (5) the Committee on Appropriations of the House of 
     Representatives; and
       (6) the Committee on Government Reform of the House of 
     Representatives.
       (b) Content.--The report described in subsection (a) 
     shall--
       (1) outline the services provided by providers pursuant to 
     this section;
       (2) evaluate the effectiveness of such services;
       (3) identify the geographic distribution of all treatment 
     centers provided pursuant to this section, and evaluate the 
     accessibility of such centers for addicts from rural areas 
     and small towns; and
       (4) make recommendations to improve the programs carried 
     out pursuant to this section.

     SEC. 2910. DEFINITIONS.

       In this subtitle:
       (1) Adolescent residential substance abuse treatment 
     program.--The term ``adolescent residential substance abuse 
     treatment program'' means a program that provides a regimen 
     of individual and group activities, lasting ideally not less 
     than 12 months, in a community-based residential facility 
     that provides comprehensive services tailored to meet the 
     needs of adolescents and designed to return youth to their 
     families in order that such youth may become capable of 
     enjoying and supporting positive, productive, drug-free 
     lives.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (3) Therapeutic community.--The term ``Therapeutic 
     Community'' means a highly structured residential treatment 
     facility that--
       (A) employs a treatment methodology;
       (B) relies on self-help methods and group process, a view 
     of drug abuse as a disorder affecting the whole person, and a 
     comprehensive approach to recovery;
       (C) maintains a strong educational component; and
       (D) carries out activities that are designed to help youths 
     address alcohol or other drug abuse issues and learn to act 
     in their own best interests, as well as in the best interests 
     of their peers and families.

     SEC. 2911. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to appropriations, there are 
     authorized be appropriated to carry out this subtitle--
       (1) such sums as are necessary for fiscal year 2002; and
       (2) such sums as may be necessary for 2003 and 2004.
       (b) Supplement and Not Supplant.--Grant amounts received 
     under this subtitle shall be used to supplement, and not 
     supplant, non-Federal funds that would otherwise be available 
     for activities funded under this subtitle.

                       Subtitle I--Other Matters

     SEC. 2951. AMENDMENT TO CONTROLLED SUBSTANCES ACT.

       Section 303(g)(2)(I) of the Controlled Substances Act is 
     amended by striking ``on the date of enactment'' and all that 
     follows through ``such drugs,'' and inserting ``on the date 
     of approval by the Food and Drug Administration of a drug in 
     schedule III, IV, or V, a State may not preclude a 
     practitioner from dispensing or prescribed such drug, or 
     combination of such drugs''.

     SEC. 2952. STUDY OF METHAMPHETAMINE TREATMENT.

       Section 3633 of the Methamphetamine Anti-Proliferation Act 
     of 2000 (114 Stat. 1236) is amended by striking ``the 
     Institute of Medicine of the National Academy of Sciences'' 
     and inserting ``the National Institute on Drug Abuse''.

[[Page 27893]]



      TITLE III--NATIONAL COMPREHENSIVE CRIME-FREE COMMUNITIES ACT

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``National Comprehensive 
     Crime-Free Communities Act''.

     SEC. 3002. PROGRAM ADMINISTRATION.

       (a) Attorney General Responsibilities.--In carrying out 
     this title, the Attorney General shall--
       (1) make and monitor grants to grant recipients;
       (2) provide, including through organizations such as the 
     National Crime Prevention Council, technical assistance and 
     training, data collection, and dissemination of information 
     on state-of-the-art research-grounded practices that the 
     Attorney General determines to be effective in preventing and 
     reducing crime, violence, and drug abuse;
       (3) provide for the evaluation of this title and assess the 
     effectiveness of comprehensive planning in the prevention of 
     crime, violence, and drug abuse;
       (4) provide for a comprehensive communications strategy to 
     inform the public and State and local governments of programs 
     authorized by this title and their purpose and intent;
       (5) establish a National Crime-Free Communities Commission 
     to advise, consult with, and make recommendations to the 
     Attorney General concerning activities carried out under this 
     Act;
       (6) establish the National Center for Justice Planning in a 
     national organization representing State criminal justice 
     executives that will--
       (A) provide technical assistance and training to State 
     criminal justice agencies in implementing policies and 
     programs to facilitate community-based strategic planning 
     processes;
       (B) establish a collection of best practices for statewide 
     community-based criminal justice planning; and
       (C) consult with appropriate organizations, including the 
     National Crime Prevention Council, in providing necessary 
     training to States.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for the fiscal years 2002 
     through 2006, including $4,500,000 to assist States and 
     communities in providing training, technical assistance, and 
     setting benchmarks, and $500,000 to establish and operate the 
     National Center for Justice Planning.
       (c) Program Administration.--Up to 3 percent of program 
     funds appropriated for Community Grants and State Capacity 
     Building grants may be used by the Attorney General to 
     administer this program.

     SEC. 3003. FOCUS.

       Programs carried out by States and local communities under 
     this title shall include a specialized focus on neighborhoods 
     and schools disproportionately affected by crime, violence, 
     and drug abuse.

     SEC. 3004. DEFINITIONS.

       In this title, the term ``crime prevention plan'' means a 
     strategy that has measurable long-term goals and short-term 
     objectives that--
       (1) address the problems of crime, including terrorism, 
     violence, and substance abuse for a jurisdiction, developed 
     through an interactive and collaborative process that 
     includes senior representatives of law enforcement and the 
     local chief executive's office as well as representatives of 
     such groups as other agencies of local government (including 
     physical and social service providers), nonprofit 
     organizations, business leaders, religious leaders, and 
     representatives of community and neighborhood groups;
       (2) establishes interim and final benchmark measures for 
     each prevention objective and strategy; and
       (3) includes a monitoring and assessment mechanism for 
     implementation of the plan.

     SEC. 3005. COMMUNITY GRANTS.

       (a) Grants Authorized.--
       (1) In general.--The Attorney General shall award grants to 
     at least 100 communities or an organization organized under 
     section 501(c)(3) of the Internal Revenue Code of 1986 that 
     is the designee of a community, including 1 in each State, in 
     an amount not to exceed $250,000 per year for the planning, 
     evaluation, and implementation of a program designed to 
     prevent and reduce crime, violence, and substance abuse.
       (2) Limitation.--Of the amount of a grant awarded under 
     this section in any given year, not more than $125,000 may be 
     used for the planning or evaluation component of the program.
       (b) Program Implementation Component.--
       (1) In general.--A community grant under this section may 
     be used by a community to support specific programs or 
     projects that are consistent with the local Crime Prevention 
     Plan.
       (2) Availability.--A grant shall be awarded under this 
     paragraph to a community that has developed a specific Crime 
     Prevention Plan and program outline.
       (3) Matching requirement.--The Federal share of a grant 
     under this paragraph shall not exceed--
       (A) 80 percent in the first year;
       (B) 60 percent in the second year;
       (C) 40 percent in the third year;
       (D) 20 percent in the fourth year; and
       (E) 20 percent in the fifth year.
       (4) Data set aside.--A community may use up to 5 percent of 
     the grant to assist it in collecting local data related to 
     the costs of crime, violence, and substance abuse for 
     purposes of supporting its Crime Prevention Plan.
       (c) Application.--
       (1) In general.--An applicant for a community grant under 
     this section shall--
       (A) demonstrate how the proposed program will prevent 
     crime, violence, and substance abuse;
       (B) certify that the program is based on nationally 
     recognized research standards that have been tested in local 
     communities;
       (C) collaborate and obtain the approval and support of the 
     State agency designated by the Governor of that State in the 
     development of the comprehensive prevention plan of the 
     applicant;
       (D) demonstrate the ability to develop a local Crime-Free 
     Communities Commission, including such groups as Federal, 
     State, and local criminal justice personnel, law enforcement, 
     schools, youth organizations, religious and other community 
     organizations, business and health care professionals, 
     parents, State, local, or tribal governmental agencies, and 
     other organizations; and
       (E) submit a plan describing how the applicant will 
     maintain the program without Federal funds following the 
     fifth year of the program.
       (2) Consideration.--The Attorney General may give 
     additional consideration in the grant review process to an 
     applicant with an officially designated Weed and Seed site 
     seeking to expand from a neighborhood to community-wide 
     strategy.
       (3) Rural communities.--The Attorney General shall give 
     additional consideration in the grant review process to an 
     applicant from a rural area.
       (d) Waivers for Matching Requirement.--A community with an 
     officially designated Weed and Seed site may be provided a 
     waiver by the Attorney General for all matching requirements 
     under this section based on demonstrated financial hardship.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $25,000,000 to carry out this section for 
     the fiscal years 2002 through 2006.

     SEC. 3006. STATE CAPACITY BUILDING GRANTS.

       (a) Grants Authorized.--The Attorney General shall award 
     grants to each State criminal justice agency, Byrne agency, 
     or other agency as designated by the Governor of that State 
     and approved by the Attorney General, in an amount not to 
     exceed $400,000 per year to develop State capacity to assist 
     local communities in the prevention and reduction of crime, 
     violence, and substance abuse.
       (b) Use of Funds.--
       (1) In general.--A State capacity building grant shall be 
     used to develop a statewide strategic plan as defined in 
     subsection (c) to prevent and reduce crime, violence, and 
     substance abuse.
       (2) Permissive use.--A State may also use its grant to 
     provide training and technical assistance to communities and 
     promote innovation in the development of policies, 
     technologies, and programs to prevent and reduce crime.
       (3) Data collection.--A State may use up to 5 percent of 
     the grant to assist grant recipients in collecting statewide 
     data related to the costs of crime, violence, and substance 
     abuse for purposes of supporting the statewide strategic 
     plan.
       (c) Statewide Strategic Prevention Plan.--
       (1) In general.--A statewide strategic prevention plan 
     shall be used by the State to assist local communities, both 
     directly and through existing State programs and services, in 
     building comprehensive, strategic, and innovative approaches 
     to reducing crime, violence, and substance abuse based on 
     local conditions and needs.
       (2) Goals.--The plan must contain statewide long-term goals 
     and measurable annual objectives for reducing crime, 
     violence, and substance abuse.
       (3) Accountability.--The State shall be required to develop 
     and report in its plan relevant performance targets and 
     measures for the goals and objectives to track changes in 
     crime, violence, and substance abuse.
       (4) Consultation.--The State shall form a State crime free 
     communities commission that includes representatives of State 
     and local government, and community leaders who will provide 
     advice and recommendations on relevant community goals and 
     objectives, and performance targets and measures.
       (d) Requirements.--
       (1) Training and technical assistance.--The State shall 
     provide training and technical assistance, including through 
     such groups as the National Crime Prevention Council, to 
     assist local communities in developing Crime Prevention Plans 
     that reflect statewide strategic goals and objectives, and 
     performance targets and measures.
       (2) Reports.--The State shall provide a report on its 
     statewide strategic plan to the Attorney General, including 
     information about--

[[Page 27894]]

       (A) involvement of relevant State-level agencies to assist 
     communities in the development and implementation of their 
     Crime Prevention Plans;
       (B) support for local applications for Community Grants; 
     and
       (C) community progress toward reducing crime, violence, and 
     substance abuse.
       (3) Certification.--Beginning in the third year of the 
     program, States must certify that the local grantee's project 
     funded under the community grant is generally consistent with 
     statewide strategic goals and objectives, and performance 
     targets and measures.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $20,000,000 to carry out this section for 
     the fiscal years 2002 through 2006.

  TITLE IV--SAFEGUARDING THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM

     SEC. 4001. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO 
                   TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS.

       (a) In General.--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 against any person, 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 integrity or availability of the object 
     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; or
       ``(iv) be absent from an official proceeding to which that 
     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, supervised release, parole, or release pending 
     judicial proceedings;
     shall be punished as provided in paragraph (3).''; and
       (D) in paragraph (3), as redesignated--
       (i) by striking ``and'' at the end of subparagraph (A); and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) in the case of--
       ``(i) an attempt to murder; or
       ``(ii) the use or attempted use of physical force against 
     any person;
     imprisonment for not more than 20 years; and
       ``(C) in the case of the threat of use of physical force 
     against any person, imprisonment for not more than 10 
     years.'';
       (2) in subsection (b), by striking ``or physical force''; 
     and
       (3) by adding at the end the following:
       ``(j) Whoever conspires to commit any offense under this 
     section shall be subject to the same penalties as those 
     prescribed for the offense the commission of which was the 
     object of the conspiracy.''.
       (b) Retaliating Against a Witness.--Section 1513 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(e) Whoever conspires to commit any offense under this 
     section shall be subject to the same penalties as those 
     prescribed for the offense the commission of which was the 
     object of the conspiracy.''.
       (c) Conforming Amendments.--
       (1) Witness tampering.--Section 1512 of title 18, United 
     States Code, is amended in subsections (b)(3) and (c)(2) by 
     inserting ``supervised release,'' after ``probation''.
       (2) Retaliation against a witness.--Section 1513 of title 
     18, United States Code, is amended in subsections (a)(1)(B) 
     and (b)(2) by inserting ``supervised release,'' after 
     ``probation''.

     SEC. 4002. CORRECTION OF ABERRANT STATUTES TO PERMIT 
                   IMPOSITION OF BOTH A FINE AND IMPRISONMENT.

       (a) In General.--Title 18 of the United States Code is 
     amended--
       (1) in section 401, by inserting ``or both,'' after ``fine 
     or imprisonment,'';
       (2) in section 1705, by inserting ``, or both'' after 
     ``years''; and
       (3) in sections 1916, 2234, and 2235, by inserting ``, or 
     both'' after ``year''.
       (b) Imposition by Magistrate.--Section 636 of title 28, 
     United States Code, is amended--
       (1) in subsection (e)(2), by inserting ``, or both,'' after 
     ``fine or imprisonment''; and
       (2) in subsection (e)(3), by inserting ``or both,'' after 
     ``fine or imprisonment,''.

     SEC. 4003. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A 
                   PLEA AGREEMENT.

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

     ``Sec. 3296. Counts dismissed pursuant to a plea agreement

       ``(a) In General.--Notwithstanding any other provision of 
     this chapter, any counts of an indictment or information that 
     are dismissed pursuant to a plea agreement shall be 
     reinstated by the District Court if--
       ``(1) the counts sought to be reinstated were originally 
     filed within the applicable limitations period;
       ``(2) the counts were dismissed pursuant to a plea 
     agreement approved by the District Court under which the 
     defendant pled guilty to other charges;
       ``(3) the guilty plea was subsequently vacated on the 
     motion of the defendant; and
       ``(4) the United States moves to reinstate the dismissed 
     counts within 60 days of the date on which the order vacating 
     the plea becomes final.
       ``(b) Defenses; Objections.--Nothing in this section shall 
     preclude the District Court from considering any defense or 
     objection, other than statute of limitations, to the 
     prosecution of the counts reinstated under subsection (a).''.
       (b) Technical and Conforming Amendment.--Chapter 213 of 
     title 18, United States Code, is amended in the table of 
     sections by adding at the end the following new item:

``3296. Counts dismissed pursuant to a plea agreement.''.

     SEC. 4004. 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. 4005. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE 
                   TERMS IN CONTROLLED SUBSTANCE CASES.

       (a) Drug Abuse Penalties.--Subparagraphs (A), (B), (C), and 
     (D) of section 401(b)(1) of the Controlled Substances Act (21 
     U.S.C. 841(b)(1)) are amended by striking ``Any sentence'' 
     and inserting ``Notwithstanding section 3583 of title 18, any 
     sentence''.
       (b) Penalties for Drug Import and Export.--Section 1010(b) 
     of the Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)) is amended--
       (1) in paragraphs (1), (2), and (3), by striking ``Any 
     sentence'' and inserting ``Notwithstanding section 3583 of 
     title 18, any sentence''; and
       (2) in paragraph (4), by inserting ``notwithstanding 
     section 3583 of title 18,'' before ``in addition to such term 
     of imprisonment''.

     SEC. 4006. 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 term of probation or 
     supervised release with or without conditions that does not 
     exceed the unserved portion of the original term of 
     imprisonment)'' after ``may reduce the term of 
     imprisonment''.

     SEC. 4007. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER 
                   CONDITION OF SUPERVISED RELEASE.

       Subsections (c) and (e) of section 3583 of title 18, United 
     States Code, are amended by striking ``and (a)(6) and 
     inserting ``(a)(6), and (a)(7)''.

         TITLE V--CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2001

     SEC. 5001. SHORT TITLE.

       This title may be cited as the ``Criminal Law Technical 
     Amendments Act of 2001''.

     SEC. 5002. TECHNICAL AMENDMENTS RELATING TO CRIMINAL LAW AND 
                   PROCEDURE.

       (a) Missing and Incorrect Words.--
       (1) Correction of garbled sentence.--Section 510(c) of 
     title 18, United States Code, is amended by striking ``fine 
     of under this title'' and inserting ``fine under this 
     title''.
       (2) Insertion of missing words.--Section 981(d) of title 
     18, United States Code, is amended by striking ``proceeds 
     from the sale of this section'' and inserting ``proceeds from 
     the sale of such property under this section''.
       (3)  Correction of incorrect word.--Sections 1425 through 
     1427, 1541 through 1544 and 1546(a) of title 18, United 
     States Code, are each amended by striking ``to facility'' and 
     inserting ``to facilitate''.
       (4) Correcting erroneous amendatory language on executed 
     amendment.--Effective on the date of the enactment of Public 
     Law 103-322, section 60003(a)(13) of such public law is 
     amended by striking ``$1,000,000 or imprisonment'' and 
     inserting ``$1,000,000 and imprisonment''.
       (5) Correction of reference to short title of law.--That 
     section 2332d(a) of title 18, United States Code, which 
     relates to financial transactions is amended by inserting 
     ``of 1979'' after ``Export Administration Act''.
       (6) Elimination of typo.--Section 1992(b) of title 18, 
     United States Code, is amended by striking ``term or years'' 
     and inserting ``term of years''.
       (7) Spelling correction.--Section 2339A(a) of title 18, 
     United States Code, is amended by striking ``or an escape'' 
     and inserting ``of an escape''.
       (8) Section 3553.--Section 3553(e) of title 18, United 
     States Code, is amended by inserting ``a'' before 
     ``minimum''.

[[Page 27895]]

       (9) Misspelling in section 205.--Section 205(d)(1)(B) of 
     title 18, United States Code, is amended by striking 
     ``groups's'' and inserting ``group's''.
       (10) Conforming change and inserting missing word in 
     section 709.--The paragraph in section 709 of title 18, 
     United States Code, that begins with ``A person who'' is 
     amended--
       (A) by striking ``A person who'' and inserting ``Whoever''; 
     and
       (B) by inserting ``or'' after the semicolon at the end.
       (11) Error in language being stricken.--Effective on the 
     date of its enactment, section 726(2) of the Antiterrorism 
     and Effective Death Penalty Act of 1996 (Public Law 104-132) 
     is amended--
       (A) in subparagraphs (C) and (E), by striking ``section'' 
     the first place it appears; and
       (B) in subparagraph (G), by striking ``relating to'' the 
     first place it appears.
       (b) Margins, Punctuation, and Similar Errors.--
       (1) Margin error.--Section 1030(c)(2) of title 18, United 
     States Code, is amended so that the margins of subparagraph 
     (B) and each of its clauses, are moved 2 ems to the left.
       (2) Correcting capitalization in language to be stricken.--
     Effective on the date of its enactment, section 607(g)(2) of 
     the Economic Espionage Act of 1996 is amended by striking 
     ``territory'' and inserting ``Territory''.
       (3) Correcting paragraphing.--The material added to section 
     521(a) of title 18, United States Code, by section 607(q) of 
     the Economic Espionage Act of 1996 is amended to appear as a 
     paragraph indented 2 ems from the left margin.
       (4) Subsection placement correction.--Section 1513 of title 
     18, United States Code, is amended by transferring subsection 
     (d) so that it appears following subsection (c).
       (5) Correction to allow for insertion of new subparagraph 
     and correction of erroneous indentation.--Section 1956(c)(7) 
     of title 18, United States Code, is amended--
       (A) in subparagraph (B)(ii), by moving the margin 2 ems to 
     the right;
       (B) by striking ``or'' at the end of subparagraph (D);
       (C) by striking the period at the end of subparagraph (E) 
     and inserting ``; or''; and
       (D) in subparagraph (F)--
       (i) by striking ``Any'' and inserting ``any''; and
       (ii) by striking the period at the end and inserting a 
     semicolon.
       (6) Correction of confusing subdivision designation.--
     Section 1716 of title 18, United States Code, is amended--
       (A) in the first undesignated paragraph, by inserting 
     ``(j)(1)'' before ``Whoever'';
       (B) in the second undesignated paragraph--
       (i) by striking ``not more than $10,000'' and inserting 
     ``under this title''; and
       (ii) by inserting ``(2)'' at the beginning of that 
     paragraph;
       (C) by inserting ``(3)'' at the beginning of the third 
     undesignated paragraph; and
       (D) by redesignating subsection (j) as subsection (k).
       (7) Punctuation correction in section 1091.--Section 
     1091(b)(1) of title 18, United States Code, is amended by 
     striking ``subsection (a)(1),'' and inserting ``subsection 
     (a)(1)''.
       (8) Punctuation correction in section 2311.--Section 2311 
     of title 18, United States Code, is amended by striking the 
     period after ``carcasses thereof'' the second place that term 
     appears and inserting a semicolon.
       (9) Syntax correction.--Section 115(b)(2) of title 18, 
     United States Code, is amended by striking ``, attempted 
     kidnapping, or conspiracy to kidnap of a person'' and 
     inserting ``or attempted kidnapping of, or a conspiracy to 
     kidnap, a person''.
       (10) Correcting capitalization in section 982.--Section 
     982(a)(8) of title 18, United States Code, is amended by 
     striking ``Court'' and inserting ``court''.
       (11) Punctuation corrections in section 1029.--Section 1029 
     of title 18, United States Code, is amended--
       (A) in subsection (c)(1)(A)(ii), by striking ``(9),'' and 
     inserting ``(9)''; and
       (B) in subsection (e), by adding a semicolon at the end of 
     paragraph (8).
       (12) Corrections of connectors and punctuation in section 
     1030.--Section 1030 of title 18, United States Code, is 
     amended--
       (A) by inserting ``and'' at the end of subsection 
     (c)(2)(B)(iii); and
       (B) by striking the period at the end of subsection 
     (e)(4)(I) and inserting a semicolon.
       (13) Correction of punctuation in section 1032.--Section 
     1032(1) of title 18, United States Code, is amended by 
     striking ``13,'' and inserting ``13''.
       (14) Correction of punctuation in section 1345.--Section 
     1345(a)(1) of title 18, United States Code, is amended--
       (A) in subparagraph (B), by striking ``, or'' and inserting 
     ``; or''; and
       (B) in subparagraph (C), by striking the period and 
     inserting a semicolon.
       (15) Correction of punctuation in section 3612.--Section 
     3612(f)(2)(B) of title 18, United States Code, is amended by 
     striking ``preceding.'' and inserting ``preceding''.
       (16) Correction of indentation in controlled substances 
     act.--Section 402(c)(2) of the Controlled Substances Act (21 
     U.S.C. 842(c)(2)) is amended by moving the margin of 
     subparagraph (C) 2 ems to the left.
       (c) Elimination of Redundancies.--
       (1) Elimination of duplicate amendments.--Effective on the 
     date of its enactment, paragraphs (1), (2), and (4) of 
     section 601(b), paragraph (2) of section 601(d), paragraph 
     (2) of section 601(f), paragraphs (1) and (2)(A) of section 
     601(j), paragraphs (1) and (2) of section 601(k), subsection 
     (d) of section 602, paragraph (4) of section 604(b), 
     subsection (r) of section 605, and paragraph (2) of section 
     607(j) of the Economic Espionage Act of 1996 are repealed.
       (2) Elimination of extra comma.--Section 1956(c)(7)(D) of 
     title 18, United States Code, is amended--
       (A) by striking ``Code,,'' and inserting ``Code,''; and
       (B) by striking ``services),,'' and inserting 
     ``services),''.
       (3) Repeal of section granting duplicative authority.--
       (A) Section 3503 of title 18, United States Code, is 
     repealed.
       (B) The table of sections at the beginning of chapter 223 
     of title 18, United States Code, is amended by striking the 
     item relating to section 3503.
       (4) Elimination of outmoded reference to parole.--Section 
     929(b) of title 18, United States Code, is amended by 
     striking the last sentence.
       (d) Correction of Outmoded Fine Amounts.--
       (1) In title 18, united states code.--
       (A) In section 492.--Section 492 of title 18, United States 
     Code, is amended by striking ``not more than $100'' and 
     inserting ``under this title''.
       (B) In section 665.--Section 665(c) of title 18, United 
     States Code, is amended by striking ``a fine of not more than 
     $5,000'' and inserting ``a fine under this title''.
       (C) In sections 1924, 2075, 2113(b), and 2236.--
       (i) Section 1924(a) of title 18, United States Code, is 
     amended by striking ``not more than $1,000,'' and inserting 
     ``under this title''.
       (ii) Sections 2075 and 2113(b) of title 18, United States 
     Code, are each amended by striking ``not more than $1,000'' 
     and inserting ``under this title''.
       (iii) Section 2236 of title 18, United States Code, is 
     amended by inserting ``under this title'' after ``warrant, 
     shall be fined'', and by striking ``not more than $1,000''.
       (D) In section 372 and 752.--Sections 372 and 752(a) of 
     title 18, United States Code, are each amended by striking 
     ``not more than $5,000'' and inserting ``under this title''.
       (E) In section 924(e)(1).--Section 924(e)(1) of title 18, 
     United States Code, is amended by striking ``not more than 
     $25,000'' and inserting ``under this title''.
       (2) In the controlled substances act.--
       (A) In section 401.--Section 401(d) of the Controlled 
     Substances Act (21 U.S.C. 841(d)) is amended--
       (i) in paragraph (1), by striking ``and shall be fined not 
     more than $10,000'' and inserting ``or fined under title 18, 
     United States Code, or both''; and
       (ii) in paragraph (2), by striking ``and shall be fined not 
     more than $20,000'' and inserting ``or fined under title 18, 
     United States Code, or both''.
       (B) In section 402.--Section 402(c)(2) of the Controlled 
     Substances Act (21 U.S.C. 842(c)) is amended--
       (i) in subparagraph (A), by striking ``of not more than 
     $25,000'' and inserting ``under title 18, United States 
     Code''; and
       (ii) in subparagraph (B), by striking ``of $50,000'' and 
     inserting ``under title 18, United States Code''.
       (C) In section 403.--Section 403(d) of the Controlled 
     Substances Act (21 U.S.C. 843(d)) is amended--
       (i) by striking ``of not more than $30,000'' each place 
     that term appears and inserting ``under title 18, United 
     States Code''; and
       (ii) by striking ``of not more than $60,000'' each place it 
     appears and inserting ``under title 18, United States Code''.
       (e) Cross Reference Corrections.--
       (1) Section 3664.--Section 3664(o)(1)(C) of title 18, 
     United States Code, is amended by striking ``section 
     3664(d)(3)'' and inserting ``subsection (d)(5)''.
       (2) Chapter 228.--Section 3592(c)(1) of title 18, United 
     States Code, is amended by striking ``section 36'' and 
     inserting ``section 37''.
       (3) Correcting erroneous cross reference in controlled 
     substances act.--Section 511(a)(10) of the Controlled 
     Substances Act (21 U.S.C. 881(a)(10)) is amended by striking 
     ``1822 of the Mail Order Drug Paraphernalia Control Act'' and 
     inserting ``422''.
       (4) Correction to reflect cross reference change made by 
     other law.--Effective on the date of its enactment, section 
     601(c)(3) of the Economic Espionage Act of 1996 is amended by 
     striking ``247(d)'' and inserting ``247(e)''.
       (5) Typographical and typeface error in table of 
     chapters.--The item relating to chapter 123 in the table of 
     chapters at the beginning of part I of title 18, United 
     States Code, is amended--
       (A) by striking ``2271'' and inserting ``2721''; and
       (B) so that the item appears in bold face type.
       (6) Section 4104.--Section 4104(d) of title 18, United 
     States Code, is amended by striking ``section 3653 of this 
     title and rule 32(f) of''

[[Page 27896]]

     and inserting ``section 3565 of this title and the applicable 
     provisions of''.
       (7) Error in amendatory language.--Effective on the date of 
     its enactment, section 583 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1998 (111 
     Stat. 2436) is amended by striking ``Section 2401'' and 
     inserting ``Section 2441''.
       (8) Error in cross reference to court rules.--The first 
     sentence of section 3593(c) of title 18, United States Code, 
     is amended by striking ``rule 32(c)'' and inserting ``rule 
     32''.
       (9) Section 1836.--Section 1836 of title 18, United States 
     Code, is amended--
       (A) in subsection (a), by striking ``this section'' and 
     inserting ``this chapter''; and
       (B) in subsection (b), by striking ``this subsection'' and 
     inserting ``this section''.
       (10) Correction of erroneous cite in chapter 119.--Section 
     2510(10) of title 18, United States Code, is amended by 
     striking ``shall have'' and all that follows through ``United 
     States Code;'' and inserting ``has the meaning given that 
     term in section 3 of the Communications Act of 1934;''.
       (11) Elimination of outmoded cite in section 2339a.--
     Section 2339A(a) of title 18, United States Code, is amended 
     by striking ``2332c,''.
       (12) Correction of references in amendatory language.--
     Effective the date of its enactment, section 115(a)(8)(B) of 
     Public Law 105-119 is amended--
       (A) in clause (i)--
       (i) by striking ``at the end of'' and inserting 
     ``following''; and
       (ii) by striking ``paragraph'' the second place it appears 
     and inserting ``subsection''; and
       (B) in clause (ii), by striking ``subparagraph (A)'' and 
     inserting ``clause (i)''.
       (f) Tables of Sections Corrections.--
       (1) Conforming table of sections to heading of section.--
     The item relating to section 1837 in the table of sections at 
     the beginning of chapter 90 of title 18, United States Code, 
     is amended by striking ``Conduct'' and inserting 
     ``Applicability to conduct''.
       (2) Conforming heading to table of sections entry.--The 
     heading of section 1920 of title 18, United States Code, is 
     amended by striking ``employee's'' and inserting 
     ``employees'''.

     SEC. 5003. ADDITIONAL TECHNICALS.

       Title 18, United States Code, is amended--
       (1) in section 922(t)(1)(C), by striking ``1028(d)(1)'' and 
     inserting ``1028(d)'';
       (2) in section 1005--
       (A) in the first undesignated paragraph, by striking 
     ``Act,,'' and inserting ``Act,''; and
       (B) by inserting ``or'' at the end of the third 
     undesignated paragraph;
       (3) in section 1071, by striking ``fine of under this 
     title'' and inserting ``fine under this title'';
       (4) in section 1368(a), by inserting ``to'' after ``serious 
     bodily injury'';
       (5) in subsections (b)(1) and (c) of section 2252A, by 
     striking ``paragraphs'' and inserting ``paragraph''; and
       (6) in section 2254(a)(3), by striking the comma before the 
     period at the end.

     SEC. 5004. REPEAL OF OUTMODED PROVISIONS.

       (a) Section 14 of title 18, United States Code, and the 
     item relating thereto in the table of sections at the 
     beginning of chapter 1 of title 18, United States Code, are 
     repealed.
       (b) Section 1261 of such title is amended--
       (1) by striking ``(a) The Secretary'' and inserting ``The 
     Secretary''; and
       (2) by striking subsection (b).
       (c) Section 1821 of such title is amended by striking ``, 
     the Canal Zone''.
       (d) Section 3183 of such title is amended by striking ``or 
     the Panama Canal Zone,''.
       (e) Section 3241 of such title is amended by striking 
     ``United States District Court for the Canal Zone and the''.

     SEC. 5005. AMENDMENTS RESULTING FROM PUBLIC LAW 107-56.

       (a) Margin Corrections.--
       (1) Section 2516(1) of title 18, United States Code, is 
     amended by moving the left margin for subsection (q) 2 ems to 
     the right.
       (2) Section 2703(c)(1) of title 18, United States Code, is 
     amended by moving the left margin of subparagraph (E) 2 ems 
     to the left.
       (3) Section 1030(a)(5) of title 18, United States Code, is 
     amended by moving the left margin of subparagraph (B) 2 ems 
     to the left.
       (b) Correction of Wrongly Worded Clerical Amendment.--
     Effective on the date of its enactment, section 223(c)(2) of 
     Public Law 107-56 is amended to read as follows:
       ``(2) The table of sections at the beginning of chapter 121 
     of title 18, United States Code, is amended by adding at the 
     end the following new item:

``2712. Civil actions against the United States.''.

       (c) Correction of Erroneous Placement of Amendment 
     Language.--Effective on the date of its enactment, section 
     225 of Public Law 107-56 is amended--
       (1) by striking ``after subsection (g)'' and inserting 
     ``after subsection (h)''; and
       (2) by redesignating the subsection added to section 105 of 
     section 105 of the he Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1805) as subsection (i).
       (d) Punctuation Corrections.--
       (1) Section 1956(c)(6)(B) of title 18, United States Code, 
     is amended by striking the period and inserting a semicolon.
       (2) Effective on the date of its enactment, section 803(a) 
     of Public Law 107-56 is amended by striking the close 
     quotation mark and period that follows at the end of 
     subsection (a) in the matter proposed to be inserted in title 
     18, United States Code, as a new section 2339.
       (3) Section 1030(c)(3)(B) of title 18, United States Code, 
     is amended by inserting a comma after ``(a)(4)''.
       (e) Elimination of Duplicate Amendment.--Effective on the 
     date of its enactment, section 805 of Public Law 107-56 is 
     amended by striking subsection (b).
       (f) Correction of Unexecutable Amendments.--
       (1) Effective on the date of its enactment, section 813(2) 
     of Public Law 107-56 is amended by striking ``semicolon'' and 
     inserting ``period''.
       (2) Effective on the date of its enactment, section 815 of 
     Public Law 107-56 is amended by inserting ``a'' before 
     ``statutory authorization''.
       (g) Correction of Heading Style.--The heading for section 
     175b of title 18, United States Code, is amended to read as 
     follows:

     ``Sec. 175b. Possession by restricted persons''.

   TITLE VI--UNDERCOVER INVESTIGATIVE PRACTICES CONDUCTED BY FEDERAL 
                               ATTORNEYS

     SEC. 6001. UNDERCOVER INVESTIGATIVE PRACTICES CONDUCTED BY 
                   FEDERAL ATTORNEYS.

       Section 530B(a) of title 28, United States Code, is amended 
     by inserting after the first sentence the following: 
     ``Notwithstanding any provision of State law, including rules 
     of professional conduct for attorneys, an attorney for the 
     Government may, for the purpose of investigating terrorism, 
     provide legal advice and supervision on conducting undercover 
     activities, even though such activities may require the use 
     of deceit or misrepresentation, where such activities are 
     consistent with Federal law.''.

     TITLE VII--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

     SEC. 7001. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT 
                   GRANTS.

       (a) State Applications.--Section 503(a)(13)(A)(iii) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3753(a)(13)(A)(iii)) is amended by striking 
     ``or the National Association of Medical Examiners,'' and 
     inserting ``, the National Association of Medical Examiners, 
     or any other nonprofit, professional organization that may be 
     recognized within the forensic science community as competent 
     to award such accreditation,''.
       (b) Forensic Sciences Improvement Grants.--Part BB of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3797j et seq.) is amended--
       (1) in section 2801, by inserting after ``States'' the 
     following: `` and units of local government'';
       (2) in section 2802--
       (A) in the matter before paragraph (1), by inserting ``or 
     unit of local government'' after ``State'';
       (B) in paragraph (1), to read as follows:
       ``(1) a certification that the State or unit of local 
     government has developed a plan for forensic science 
     laboratories under a program described in section 2804(a), 
     and a specific description of the manner in which the grant 
     will be used to carry out that plan;'';
       (C) in paragraph (2), by inserting ``or appropriate 
     certifying bodies'' before the semicolon; and
       (D) in paragraph (3), by inserting ``for a State or local 
     plan'' after ``program'';
       (3) in section 2803(a)(2), by striking ``to States with'' 
     and all that follows through the period and inserting ``for 
     competitive awards to States and units of local government. 
     In making awards under this part, the Attorney General shall 
     consider the average annual number of part 1 violent crimes 
     reported by each State to the Federal Bureau of Investigation 
     for the 3 most recent calendar years for which data is 
     available and consider the existing resources and current 
     needs of the potential grant recipient.'';
       (4) in section 2804--
       (A) in subsection (a), by inserting ``or unit of local 
     government'' after ``A State''; and
       (B) in subsection (c)(1), by inserting ``(including grants 
     received by units of local government within a State)'' after 
     ``under this part''; and
       (5) in section 2806(a)--
       (A) in the matter before paragraph (1), by inserting ``or 
     unit of local government'' after ``each State''; and
       (B) in paragraph (1), by inserting before the semicolon the 
     following: ``, which shall include a comparison of pre-grant 
     and post-grant forensic science capabilities''
       (C) in paragraph (2), by striking ``and'' at the end;
       (D) by redesignating paragraph (3) as paragraph (4); and
       (E) by inserting after paragraph (2) the following:
       ``(3) an identification of the number and type of cases 
     currently accepted by the laboratory; and''.

     SEC. 7002. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for each of fiscal 
     years 2002 through 2007--

[[Page 27897]]

       (1) $30,000,000 for the Center for Domestic Preparedness of 
     the Department of Justice in Anniston, Alabama;
       (2) $7,000,000, or such sums as may be necessary, for the 
     Texas Engineering Extension Service of Texas A&M University;
       (3) $7,000,000, or such sums as may be necessary, for the 
     Energetic Materials Research and Test Center of the New 
     Mexico Institute of Mining and Technology;
       (4) $7,000,000, or such sums as may be necessary, for the 
     Academy of Counterterrorist Education at Louisiana State 
     University; and
       (5) $7,000,000, or such sums as may be necessary, for the 
     National Exercise, Test, and Training Center of the 
     Department of Energy, located at the Nevada test site.

               TITLE VIII--ECSTASY PREVENTION ACT OF 2001

     SEC. 8001. SHORT TITLE.

       This title may be cited as the ``Ecstasy Prevention Act of 
     2001''.

     SEC. 8002. GRANTS FOR ECSTASY ABUSE PREVENTION.

       Section 506B(c) of title V of the Public Health Service Act 
     is amended by adding at the end the following:
       ``(3) Effective programs.--
       ``(A) In general.--In addition to the priority under 
     paragraph (2), the Administrator shall give priority to 
     communities that have taken measures to combat club drug use, 
     including passing ordinances restricting rave clubs, 
     increasing law enforcement on Ecstasy, and seizing lands 
     under nuisance abatement laws to make new restrictions on an 
     establishment's use.
       ``(B) State priority.--A priority grant may be made to a 
     State under this paragraph on a pass-through basis to an 
     eligible community.''.

     SEC. 8003. COMBATING ECSTASY AND OTHER CLUB DRUGS IN HIGH 
                   INTENSITY DRUG TRAFFICKING AREAS.

       (a) Program.--
       (1) In general.--The Director of the Office of National 
     Drug Control Policy shall use amounts available under this 
     section to combat the trafficking of MDMA in areas designated 
     by the Director as high intensity drug trafficking areas.
       (2) Activities.--In meeting the requirement in paragraph 
     (1), the Director shall transfer funds to assist anti-Ecstasy 
     law enforcement initiatives in high intensity drug 
     trafficking areas, including assistance for investigative 
     costs, intelligence enhancements, technology improvements, 
     and training.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section such sums as are necessary for fiscal 
     years 2002 through 2005.
       (2) No supplanting.--Any Federal funds received under this 
     section shall be used to supplement, not supplant, non-
     Federal funds that would otherwise be used to carry out 
     activities funded under this section.
       (c) Apportionment of Funds.--The Director shall apportion 
     amounts appropriated for a fiscal year pursuant to the 
     authorization of appropriations in subsection (b) for 
     activities under subsection (a) among and within areas 
     designated by the Director and based on the threat 
     assessments submitted by individual high intensity drug 
     trafficking areas.

     SEC. 8004. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.

       (a) In General.--In conducting the national media campaign 
     under section 102 of the Drug-Free Media Campaign Act of 
     1998, the Director of the Office of National Drug Control 
     Policy shall ensure that such campaign addresses the 
     reduction and prevention of abuse of MDMA and club and 
     emerging drugs among young people in the United States.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section such sums as are 
     necessary for fiscal years 2002 through 2005.

     SEC. 8005. MDMA DRUG TEST.

       There are authorized to be appropriated to the Office of 
     National Drug Control Policy such sums as are necessary to 
     commission a drug test for MDMA which would meet the 
     standards for the Federal Workplace.

     SEC. 8006. NATIONAL INSTITUTE ON DRUG ABUSE REPORT.

       (a) Research.--The Director of the National Institute on 
     Drug Abuse (referred to in this section as the ``Director'') 
     shall conduct research--
       (1) that evaluates the effects that MDMA use can have on an 
     individual's health, such as--
       (A) physiological effects such as changes in ability to 
     regulate one's body temperature, stimulation of the 
     cardiovascular system, muscle tension, teeth clenching, 
     nausea, blurred vision, rapid eye movement, tremors, and 
     other such conditions, some of which can result in heart 
     failure or heat stroke;
       (B) psychological effects such as mood and mind altering 
     and panic attacks which may come from altering various 
     neurotransmitter levels such as serotonin in the brain;
       (C) short-term effects like confusion, depression, sleep 
     problems, severe anxiety, paranoia, hallucinations, and 
     amnesia; and
       (D) long-term effects on the brain with regard to memory 
     and other cognitive functions, and other medical 
     consequences; and
       (2) documenting those research findings and conclusions 
     with respect to MDMA that are scientifically valid and 
     identify the medical consequences on an individual's health.
       (b) Final Report.--Not later than January 1, 2003, the 
     Director shall submit a report to the Congress.
       (c) Report Public.--The report required by this section 
     shall be made public.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 8007. INTERAGENCY ECSTASY/CLUB DRUG TASK FORCE.

       (a) Establishment.--
       (1) In general.--The Director of the Office of National 
     Drug Control Policy shall establish a Task Force on Ecstasy/
     MDMA and Emerging Club Drugs (referred to in this section as 
     the ``task force'') which shall--
       (A) design, implement, and evaluate the education, 
     prevention, and treatment practices and strategies of the 
     Federal Government with respect to Ecstasy, MDMA, and 
     emerging club drugs; and
       (B) specifically study the club drug problem and report its 
     findings to Congress.
       (2) Membership.--The task force shall--
       (A) be under the jurisdiction of the Director of the Office 
     of National Drug Control Policy, who shall designate a 
     chairperson; and
       (B) include as members law enforcement, substance abuse 
     prevention, judicial, and public health professionals as well 
     as representatives from Federal, State, and local agencies.
       (b) Responsibilities.--The responsibilities of the task 
     force shall be--
       (1) to evaluate the current practices and strategies of the 
     Federal Government in education, prevention, and treatment 
     for Ecstasy, MDMA, and other emerging club drugs and 
     recommend appropriate and beneficial models for education, 
     prevention, and treatment;
       (2) to identify appropriate government components and 
     resources to implement task force recommendations; and
       (3) to make recommendations to the President and Congress 
     to implement proposed improvements in accordance with the 
     National Drug Control Strategy and its budget allocations.
       (c) Meetings.--The task force shall meet at least once 
     every 6 months.
       (d) Termination.--The task force shall terminate 3 years 
     after the date of enactment of this Act.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

                          ____________________