II

106TH CONGRESS

1ST SESSION S. 9

To combat violent and gang-related crime in schools and on the streets,

to reform the juvenile justice system, target international crime, promote

effective drug and other crime prevention programs, assist crime victims,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. DASCHLE (for himself, Mr. LEAHY, Mr. BIDEN, Mr. KENNEDY, Mr.

TORRICELLI, Mr. SCHUMER, Mr. DORGAN, Mr. KERRY, Mr. LAUTENBERG, Ms. MIKULSKI, Mr. BREAUX, Mr. DURBIN, Mr. BINGAMAN, Mr.

BRYAN, and Mr. MOYNIHAN) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

A BILL

To combat violent and gang-related crime in schools and

on the streets, to reform the juvenile justice system,

target international crime, promote effective drug and

other crime prevention programs, assist crime victims,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Safe Schools, Safe Streets, and Secure Borders Act of

6 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—COMBATING VIOLENCE IN SCHOOLS AND PUNISHING

JUVENILE CRIME

Subtitle A—Assistance to Schools

Sec. 1001. Establishment of School Security Technology Center.

Sec. 1002. Grants for local school security programs.

Sec. 1003. Safe and secure school advisory report.

Subtitle B—Federal Prosecution of Serious and Violent Juvenile Offenders

PART 1—REFORM OF FEDERAL JUVENILE SYSTEM

Sec. 1211. Delinquency proceedings or criminal prosecutions in district courts.

Sec. 1212. Applicability of statutory minimums to juveniles 16 years and older

and limitation as to younger juveniles.

Sec. 1213. Conforming amendment to definitions section.

Sec. 1214. Custody prior to appearance before judicial officer.

Sec. 1215. Technical and conforming amendments to section 5034.

Sec. 1216. Speedy trial for detained juveniles pending delinquency proceedings;

reinstituting dismissed cases.

Sec. 1217. Disposition; availability of increased detention, fines, and supervised

release for juvenile offenders.

Sec. 1218. Access to juvenile records.

Sec. 1219. Technical amendments of section 5034.

Sec. 1220. Definitions.

PART 2—INCARCERATION OF JUVENILES IN THE FEDERAL SYSTEM

Sec. 1221. Detention of juveniles prior to disposition or sentencing.

Sec. 1222. Rules governing the commitment of juveniles.

Subtitle C—Assistance to States for Prosecuting and Punishing Juvenile

Offenders, and Reducing Juvenile Crime

Sec. 1301. Juvenile and violent offender incarceration grants.

Sec. 1302. Certain punishment and graduated sanctions for youth offenders.

Sec. 1303. Pilot program to promote replication of recent successful juvenile

crime reduction strategies.

Sec. 1304. Reimbursement of States for costs of incarcerating juvenile alien offenders.

Subtitle D—Protecting Children From Violence

PART 1—GUN OFFENSES

Sec. 1411. Gun ban for dangerous juvenile offenders.

Sec. 1412. Improving firearms safety.

Sec. 1413. Enhanced penalties for discharging or possessing a firearm during

a crime of violence or drug trafficking crime.

Sec. 1414. Juvenile handgun safety.
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Sec. 1415. Serious juvenile drug offenses as armed career criminal predicates.

Sec. 1416. Increased penalty for transferring a firearm to a minor for use in

crime of violence or drug trafficking crime.

Sec. 1417. Increased penalty for firearms conspiracy.

PART 2—LOCAL GUN VIOLENCE PREVENTION PROGRAMS

Sec. 1421. Competitive grants for children’s firearm safety education.

Sec. 1422. Dissemination of best practices via the Internet.

Sec. 1423. Amendment to Safe and Drug-Free Schools and Communities Act

of 1994 to provide counseling after gun-related violence.

Sec. 1424. Youth crime gun interdiction initiative.

Sec. 1425. Grant priority for tracing of guns used in crimes by juveniles.

PART 3—JUVENILE GUN COURTS

Sec. 1431. Definitions.

Sec. 1432. Grant program.

Sec. 1433. Applications.

Sec. 1434. Grant awards.

Sec. 1435. Use of grant amounts.

Sec. 1436. Grant limitations.

Sec. 1437. Federal share.

Sec. 1438. Report and evaluation.

Sec. 1439. Authorization of appropriations.

PART 4—YOUTH VIOLENCE COURTS

Sec. 1441. Creation of youth violence courts.

TITLE II—COMBATING GANG VIOLENCE

Subtitle A—Enhanced Penalties for Gang-Related Activities

Sec. 2101. Gang franchising.

Sec. 2102. Enhanced penalty for use or recruitment of minors in gangs.

Sec. 2103. Gang franchising as a RICO predicate.

Sec. 2104. Increase in offense level for participation in crime as gang member.

Sec. 2105. Enhanced penalty for possession of firearms in relation to counts of

violence or drug trafficking crimes.

Sec. 2106. Punishment of arson or bombing at facilities receiving Federal financial assistance.

Sec. 2107. Elimination of statute of limitations for murder.

Sec. 2108. Extension of statute of limitations for violent and drug trafficking

crimes.

Sec. 2109. Increased penalties under the RICO law for gang and violent crimes.

Sec. 2110. Increased penalty and broadened scope of statute against violent

crimes in aid of racketeering.

Sec. 2111. Facilitating the prosecution of carjacking offenses.

Sec. 2112. Facilitation of RICO prosecutions.

Sec. 2113. Forfeiture for crimes of violence, racketeering, and obstruction of

justice.

Sec. 2114. Expansion of definition of ‘‘racketeering activity’’ to affect gangs in

Indian country.

Sec. 2115. Authority to investigate serial killings.

Sec. 2116. Increased penalties for violence in the course of riot offenses.
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Sec. 2117. Expansion of Federal jurisdiction over crimes occurring in private

penal facilities housing Federal prisoners or prisoners from

other States.

Subtitle B—Targeting Gang-Related Gun Offenses

Sec. 2201. Transfer of firearm to commit a crime of violence.

Sec. 2202. Increased penalty for knowingly receiving firearm with obliterated

serial number.

Sec. 2203. Amendment of the sentencing guidelines for transfers of firearms to

prohibited persons.

Sec. 2204. Forfeiture of firearms used in crimes of violence and felonies.

Subtitle C—Using and Protecting Witnesses To Help Prosecute Gangs and

Other Violent Criminals

Sec. 2301. Interstate travel to engage in witness intimidation or obstruction of

justice.

Sec. 2302. Expanding pretrial detention eligibility for serious gang and other

violent criminals.

Sec. 2303. Conspiracy penalty for obstruction of justice offenses involving victims, witnesses, and informants.

Sec. 2304. Allowing a reduction of sentence for providing useful investigative

information although not regarding a particular individual.

Sec. 2305. Increasing the penalty for using physical force to tamper with witnesses, victims, or informants.

Sec. 2306. Expansion of Federal kidnapping offense to cover when death of victim occurs before crossing State line and when facility in interstate commerce or the mails are used.

Sec. 2307. Assaults or other crimes of violence for hire.

Sec. 2308. Clarification of interstate threat statute to cover threats to kill.

Sec. 2309. Conforming amendment to law punishing obstruction of justice by

notification of existence of a subpoena for records in certain

types of investigations.

Sec. 2310. Elimination of proof of value requirement for felony theft or conversion of grand jury material.

Subtitle D—Gang Paraphernalia

Sec. 2401. Streamlining procedures for law enforcement access to clone numeric pagers.

Sec. 2402. Sentencing enhancement for using body armor in commission of a

felony.

Sec. 2403. Sentencing enhancement for using laser sighting devices in commission of a felony.

Sec. 2404. Government access to location information.

Sec. 2405. Limitation on obtaining transactional information from pen registers

or trap and trace devices.

Subtitle E—Grants To Target Gang Crime and Violent Juveniles

PART 1—GRANTS TO PROSECUTORS’ OFFICES

Sec. 2511. Authority to make grants to prosecutors to combat gang crime and

youth violence.

Sec. 2512. Recipients.

Sec. 2513. Authorization of appropriations.
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Sec. 2514. Training, technical assistance, research, statistics, and evaluation.

PART 2—HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS

Sec. 2521. High intensity interstate gang activity areas.

TITLE III—COMBATING VIOLENCE ON THE STREETS

Subtitle A—More Police Officers on the Beat

Sec. 3101. More police officers on the beat.

Sec. 3102. Grants for equipment, technology, and support systems.

Sec. 3103. National community police.

Sec. 3104. Technical amendment.

Subtitle B—Violent Offender Incarceration and Truth-in-Sentencing Grants

Sec. 3201. Formula allocations.

Sec. 3202. Extension of violent offender incarceration and truth-in-sentencing

grants.

Sec. 3203. Eligibility of qualifying indeterminate sentencing States for truth-insentencing incentive grants.

Subtitle C—Domestic Violence

Sec. 3301. Extension of Violence Against Women Act.

Sec. 3302. Rural domestic violence and child abuse enforcement assistance.

Sec. 3303. Punishment of attempts to commit interstate domestic violence offense.

Sec. 3304. Expansion of interstate domestic violence offense to cover intimidation.

Sec. 3305. Punishment of interstate travel with intent to kill spouse.

Subtitle D—Assistance to Local Law Enforcement

Sec. 3401. Extension of law enforcement family support funding.

Sec. 3402. Extension of rural drug enforcement and training funding.

Sec. 3403. Extension of DNA identification grants funding.

Sec. 3404. Extension of Byrne grant funding.

Sec. 3405. Extension of technical automation grant funding.

Sec. 3406. Extension of grants for State court prosecutors.

Subtitle E—Protecting Federal, State, and Local Law Enforcement Officers

and the Judiciary

Sec. 3501. Expansion of protection of Federal officers and employees from

murder due to their status.

Sec. 3502. Assaulting, resisting, or impeding certain officers or employees.

Sec. 3503. Influencing, impeding, or retaliating against a Federal official by

threatening a family member.

Sec. 3504. Mailing threatening communications.

Sec. 3505. Amendment of the sentencing guidelines for assaults and threats

against Federal judges and certain other Federal officials and

employees.

Sec. 3506. Extension of Bulletproof Vest Partnership Grant Act.

Sec. 3507. Killing persons aiding Federal investigations or State correctional

officers.

Sec. 3508. Killing State correctional officers.
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Sec. 3509. Establishment of protective function privilege.

Subtitle F—Extension of Violent Crime Reduction Trust Fund

Sec. 3601. Extension of Violent Crime Reduction Trust Fund.

Subtitle G—Punishing Hate Crimes and Protecting Civil Rights

Sec. 3701. Punishing hate crimes.

Sec. 3702. Attempted deprivation of civil rights under color of law.

Sec. 3703. Hate Crimes Statistics Act.

Sec. 3704. Improvement of hate crimes sentencing procedure.

Sec. 3705. Protecting citizens against searches by bounty hunters.

Sec. 3706. Bounty hunter accountability and quality assurance.

Subtitle H—Deterring Cargo Theft

Sec. 3801. Punishment of cargo theft.

Sec. 3802. Reports to Congress on cargo theft.

Sec. 3803. Establishment of Advisory Committee on Cargo Theft.

Sec. 3804. Addition of attempted theft and counterfeiting offenses to eliminate

gaps and inconsistencies in coverage.

Sec. 3805. Clarification of scienter requirement for receiving property stolen

from an Indian tribal organization.

Sec. 3806. Larceny involving post office boxes and postal stamp vending machines.

Sec. 3807. Expansion of Federal theft offenses to cover theft of vessels.

Subtitle I—Improvements to Federal Criminal Law

PART 1—SENTENCING IMPROVEMENTS

Sec. 3911. Application of sentencing guidelines to all pertinent statutes.

Sec. 3912. Doubling maximum penalty for voluntary manslaughter.

Sec. 3913. Authorization of imposition of both a fine and imprisonment rather

than only either penalty in certain offenses.

Sec. 3914. Addition of supervised release violation as predicates for certain offenses.

Sec. 3915. Authority of court to impose a sentence of probation or supervised

release when reducing a sentence of imprisonment in certain

cases.

Sec. 3916. Increased penalty for racketeering activity.

PART 2—ADDITIONAL IMPROVEMENTS TO FEDERAL CRIMINAL LAW

Sec. 3921. Violence directed at dwellings in Indian country.

Sec. 3922. Corrections to Amber Hagerman Child Protection Act.

Sec. 3923. Elimination of ‘‘bodily harm’’ element in assault with a dangerous

weapon offense.

Sec. 3924. Appeals from certain dismissals.

Sec. 3925. Authority for injunction against disposal of ill-gotten gains from violations of fraud statutes.

Sec. 3926. Expansion of interstate travel fraud statute to cover interstate travel

by perpetrator.

Sec. 3927. Clarification of scope of unauthorized selling of military medals or

decorations.

Sec. 3928. Amendment to section 669 to conform to Public Law 104–294.

Sec. 3929. Expansion of jurisdiction over child buying and selling offenses.
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Sec. 3930. Assault as a RICO predicate.

Sec. 3931. Limits on disclosure of wiretap orders.

Sec. 3932. Safe and sober streets.

Sec. 3933. Technical amendments relating to criminal law and procedure.

TITLE IV—PREVENTING JUVENILE CRIME

Subtitle A—Grants to Youth Organizations

Sec. 4001. Grant program.

Sec. 4002. Grants to national organizations.

Sec. 4003. Grants to States.

Sec. 4004. Allocation; grant limitation.

Sec. 4005. Report and evaluation.

Sec. 4006. Authorization of appropriations.

Sec. 4007. Grants to public and private agencies.

Subtitle B—‘‘Say No to Drugs’’ Community Centers

Sec. 4201. Short title; definitions.

Sec. 4202. Grant requirements.

Sec. 4203. Authorization of appropriations.

Subtitle C—Missing and Exploited Children

Sec. 4301. Amendments to the Missing Children’s Assistance Act.

Subtitle D—Reauthorization of Incentive Grants for Local Delinquency

Prevention Programs

Sec. 4401. Incentive grants for local delinquency prevention programs.

Sec. 4402. Research, evaluation, and training.

Subtitle E—Reauthorization of the Runaway and Homeless Youth Act

Sec. 4501. Runaway and Homeless Youth Act.

Sec. 4502. Authorization of appropriations.

Subtitle F—Authorization of Anti-Drug Abuse Programs

Sec. 4601. Drug education and prevention relating to youth gangs.

Sec. 4602. Drug education and prevention program for runaway and homeless

youth.

Subtitle G—JUMP Ahead

Sec. 4701. Short title.

Sec. 4702. Findings.

Sec. 4703. Juvenile mentoring grants.

Sec. 4704. Implementation and evaluation grants.

Sec. 4705. Evaluations; reports.

Subtitle H—Truancy Prevention

Sec. 4801. Short title.

Sec. 4802. Findings.

Sec. 4803. Grants.

Subtitle I—Juvenile Crime Control and Delinquency Prevention
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Sec. 4901. Short title.

Sec. 4902. Findings.

Sec. 4903. Purpose.

Sec. 4904. Definitions.

Sec. 4905. Name of office.

Sec. 4906. Concentration of Federal effort.

Sec. 4907. Allocation.

Sec. 4908. State plans.

Sec. 4909. Juvenile delinquency prevention block grant program.

Sec. 4910. Research; evaluation; technical assistance; training.

Sec. 4911. Demonstration projects.

Sec. 4912. Authorization of appropriations.

Sec. 4913. Administrative authority.

Sec. 4914. Use of funds.

Sec. 4915. Limitation on use of funds.

Sec. 4916. Rules of construction.

Sec. 4917. Leasing surplus Federal property.

Sec. 4918. Issuance of rules.

Sec. 4919. Technical and conforming amendments.

Sec. 4920. References.

TITLE V—DRUG TESTING AND INTERVENTION

Subtitle A—Protecting Children From Dangerous Drugs

PART 1—TARGETING SERIOUS DRUG CRIMES

Sec. 5001. Increased penalties for using minors to distribute drugs.

Sec. 5002. Increased penalties for distributing drugs to minors.

Sec. 5003. Increased penalty for drug trafficking in or near a school or other

protected location.

Sec. 5004. Increased penalties for using Federal property to grow or manufacture controlled substances.

Sec. 5005. Clarification of length of supervised release terms in controlled substance cases.

Sec. 5006. Supervised release period after conviction for continuing criminal

enterprise.

PART 2—COMPREHENSIVE DRUG EDUCATION

Sec. 5111. Extension of safe and drug-free schools and communities program.

PART 3—DRUG TREATMENT FOR JUVENILES

Sec. 5121. Drug treatment for juveniles.

PART 4—RESCHEDULING DANGEROUS DRUGS

Sec. 5131. Rescheduling of ‘‘club’’ drugs.

Sec. 5132. Attorney General authority to reschedule certain drugs posing imminent danger to public safety.

Subtitle B—Drug Courts

Sec. 5201. Reauthorization of drug courts program.

Sec. 5202. Juvenile drug courts.

Subtitle C—Development of Medicines for the Treatment of Drug Addiction
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PART 1—PHARMACOTHERAPY RESEARCH

Sec. 5301. Reauthorization for medication development program.

PART 2—PATENT PROTECTIONS FOR PHARMACOTHERAPIES

Sec. 5302. Recommendation for investigation of drugs.

Sec. 5303. Designation of drugs.

Sec. 5304. Protection for drugs.

Sec. 5305. Open protocols for investigations of drugs.

PART 3—ENCOURAGING PRIVATE SECTOR DEVELOPMENT OF

PHARMACOTHERAPIES

Sec. 5306. Development, manufacture, and procurement of drugs for the treatment of addiction to illegal drugs.

Subtitle E—National Drug Control Policy

Sec. 5401. Study on effects of California and Arizona drug initiatives.

Subtitle F—Improving Effectiveness of Youth Crime and Drug Prevention

Efforts

Sec. 5501. Comprehensive study by National Academy of Sciences.

Sec. 5502. Evaluation of crime prevention programs.

Sec. 5503. Evaluation and research criteria.

Sec. 5504. Compliance with evaluation mandate.

Sec. 5505. Reservation of amounts for evaluation and research.

Sec. 5506. Sense of Senate regarding funding for programs determined to be

ineffective.

TITLE VI—ENHANCEMENT OF RIGHTS AND PROTECTIONS FOR

VICTIMS OF CRIME

Subtitle A—Crime Victims Assistance

Sec. 6001. Definitions.

PART 1—PROTECTION OF CRIME VICTIMS’ RIGHTS

SUBPART A—AMENDMENTS TO TITLE 18, UNITED STATES CODE

Sec. 6111. Right to be notified of detention hearing and right to be heard on

the issue of detention.

Sec. 6112. Right to a speedy trial and prompt disposition free from unreasonable delay.

Sec. 6113. Enhanced right to order of restitution.

Sec. 6114. Enhanced right to be notified of escape or release from prison.

SUBPART B—AMENDMENTS TO FEDERAL RULES OF CRIMINAL PROCEDURE

Sec. 6121. Right to be notified of plea agreement and to be heard on merits

of the plea agreement.

Sec. 6122. Enhanced rights of notification and allocution at sentencing.

Sec. 6123. Rights of notification and allocution at a probation revocation hearing.
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SUBPART C—AMENDMENT TO FEDERAL RULES OF EVIDENCE

Sec. 6131. Enhanced right to be present at trial.

SUBPART D—EXCEPTIONS

Sec. 6141. Exceptions.

SUBPART E—REMEDIES FOR NONCOMPLIANCE

Sec. 6151. Remedies for noncompliance.

SUBPART F—VICTIMS OF FRAUD

Sec. 6161. Regulations.

PART 2—ASSISTANCE TO VICTIMS OF FEDERAL, STATE, AND LOCAL CRIME

Sec. 6201. Increase in victim assistance personnel.

Sec. 6202. Increased training for State and local law enforcement, State court

personnel, and officers of the court to respond effectively to the

needs of victims of crime.

Sec. 6203. Increased resources for State and local law enforcement agencies,

courts, and prosecutors’ offices to develop state-of-the-art systems for notifying victims of crime of important dates and developments.

Sec. 6204. Pilot programs to establish ombudsman programs for crime victims.

Sec. 6205. Amendments to Victims of Crime Act of 1984.

Sec. 6206. Services for victims of crime and domestic violence.

Sec. 6207. Pilot program to study effectiveness of restorative justice approach

on behalf of victims of crime.

Subtitle B—Victims of Juvenile Crimes

Sec. 6301. Victims of juvenile crimes.

TITLE VII—COMBATING MONEY LAUNDERING

Sec. 7001. Short title.

Sec. 7002. Illegal money transmitting businesses.

Sec. 7003. Restraint of assets of persons arrested abroad.

Sec. 7004. Access to records in bank secrecy jurisdictions.

Sec. 7005. Civil money laundering jurisdiction over foreign persons.

Sec. 7006. Punishment of laundering money through foreign banks.

Sec. 7007. Addition of serious foreign crimes to list of money laundering predicates.

Sec. 7008. Criminal forfeiture for money laundering conspiracies.

Sec. 7009. Fungible property in foreign bank accounts.

Sec. 7010. Subpoenas for bank records.

Sec. 7011. Fugitive disentitlement.

Sec. 7012. Admissibility of foreign business records.

Sec. 7013. Charging money laundering as a course of conduct.

Sec. 7014. Venue in money laundering cases.

Sec. 7015. Technical amendment to restore wiretap authority for certain money

laundering offenses.

Sec. 7016. Criminal penalties for violations of anti-money laundering orders.

Sec. 7017. Encouraging financial institutions to notify law enforcement authorities of suspicious financial transactions.

Sec. 7018. Coverage of foreign bank branches in the territories.
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Sec. 7019. Conforming statute of limitations amendment for certain bank fraud

offenses.

Sec. 7020. Jurisdiction over certain financial crimes committed abroad.

TITLE VIII—COMBATING INTERNATIONAL CRIME

Subtitle A—Investigating and Punishing Violent Crimes Against United

States Nationals Abroad

Sec. 8001. Murder and extortion against United States nationals abroad in furtherance of organized crime.

Sec. 8002. Murder or serious assault of a State or local official abroad.

Subtitle B—Denying Safe Havens to International Criminals

Sec. 8101. Extradition for offenses not covered by a list treaty.

Sec. 8102. Extradition absent a treaty.

Sec. 8103. Technical and conforming amendments.

Sec. 8104. Temporary transfer of persons in custody for prosecution.

Sec. 8105. Transfer of foreign prisoners to serve sentences in country of origin.

Sec. 8106. Transit of fugitives for prosecution in foreign countries.

Subtitle C—Seizing and Forfeiting the Assets of International Criminals

Sec. 8201. Forfeiture of assets in international money laundering and drug

crimes.

Sec. 8202. Authority to order convicted criminals to return property located

abroad.

Sec. 8203. Enforcement of foreign forfeiture judgments.

Sec. 8204. Criminal and civil penalties under the International Emergency Economic Powers Act.

Sec. 8205. Attempted violations of the Trading with the Enemy Act.

Subtitle D—Responding to Emerging International Crime Threats

PART 1—COMPUTER AND HIGH-TECH CRIME

Sec. 8311. Enhanced authority to investigate computer fraud and attacks on

computer systems.

Sec. 8312. Law enforcement access to stored information on computer networks.

PART 2—ENHANCING ANTITERRORISM LAWS

Sec. 8321. Extension of authority.

Sec. 8322. Clarification of biological weapons definitions.

Sec. 8323. Punishment of threats to use chemical weapons.

Subtitle E—Promoting Global Cooperation in the Fight Against International

Crime

Sec. 8401. Sharing proceeds of joint forfeiture operations with cooperating foreign agencies.

Sec. 8402. Streamlined procedures for execution of MLAT requests.

Sec. 8403. Temporary transfer to foreign country of incarcerated witnesses.

Sec. 8404. Discretionary authority to use forfeiture proceeds.
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Subtitle F—Streamlining the Investigation and Prosecution of International

Crimes in United States Courts

Sec. 8501. Reimbursement of State and local law enforcement agencies in international crime cases.

Sec. 8502. Strengthen war crimes offense.

Sec. 8503. Safe conduct for foreign witnesses testifying in United States

courts.

Sec. 8504. Prohibiting fugitives from benefiting from time served abroad.

Sec. 8505. Suspension of statute of limitations for collection of evidence located

abroad.

Sec. 8506. Clarification of discretionary nature of payments to informants.

Sec. 8507. Criminal offenses committed outside the United States by persons

accompanying the Armed Forces.

TITLE IX—STRENGTHENING THE AIR, LAND, AND SEA BORDERS

OF THE UNITED STATES

Subtitle A—Violence Committed Along United States Borders

Sec. 9001. Felony punishment for violence committed along the United States

borders.

Subtitle B—Strengthening Maritime Law Enforcement Along United States

Borders

Sec. 9101. Sanctions for failure to heave to, obstructing a lawful boarding, and

providing false information.

Sec. 9102. Civil penalties to support maritime law enforcement.

Sec. 9103. Customs orders.

Subtitle C—Smuggling of Contraband and Other Illegal Products

Sec. 9201. Smuggling contraband and other goods from the United States.

Sec. 9202. Controlling illicit liquor trafficking.

Sec. 9203. Strengthening of statute punishing evasion or embezzlement of customs duties.

Sec. 9204. False certifications relating to exports.

Subtitle D—Strengthening Immigration Laws To Exclude International

Criminals From the United States

Sec. 9301. Inadmissibility of persons fleeing prosecution in other countries.

Sec. 9302. Inadmissibility of persons involved in racketeering and arms trafficking.

Sec. 9303. Inadmissibility of persons who have benefited from illicit activities

of drug traffickers.

Sec. 9304. Inadmissibility of persons involved in international alien smuggling.

Subtitle E—Alien Smuggling

Sec. 9401. Forfeiture for alien smuggling.

Subtitle F—Trafficking in Chemicals Used To Produce Drugs

Sec. 9501. Import and export of chemicals used to produce illicit drugs.
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Subtitle G—Arms Trafficking

Sec. 9601. Enhanced tools to investigate illicit arms trafficking.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) ATTORNEY GENERAL.—The term ‘‘Attorney

4 General’’ means the Attorney General of the United

5 States.

6 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’

7 means a tribe, band, pueblo, nation, or other orga8 nized group or community of Indians, including an

9 Alaska Native village (as defined in or established

10 under the Alaska Native Claims Settlement Act (43

11 U.S.C. 1601 et seq.)), that is recognized as eligible

12 for the special programs and services provided by

13 the United States to Indians because of their status

14 as Indians.

15 (3) JUVENILE.—The term ‘‘juvenile’’ has the

16 meaning given that term under applicable State law.

17 (4) STATE.—The term ‘‘State’’ means any

18 State of the United States, the District of Columbia,

19 the Commonwealth of Puerto Rico, the Virgin Is20 lands, American Samoa, Guam, and the Northern

21 Mariana Islands.

22 (5) UNIT OF LOCAL GOVERNMENT.—The term

23 ‘‘unit of local government’’ means any city, county,
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1 township, borough, parish, or other entity exercising

2 governmental power under State law.

3 (6) VIOLENT CRIME REDUCTION TRUST

4 FUND.—The term ‘‘Violent Crime Reduction Trust

5 Fund’’ means the fund established under title XXXI

6 of the Violent Crime Control and Law Enforcement

7 Act of 1994 (42 U.S.C. 14211 et seq.).

8 (7) YOUTH.—The term ‘‘youth’’ means a per9 son who is not younger than 5 and not older than

10 18 years of age.

11 TITLE I—COMBATING VIOLENCE

12 IN SCHOOLS AND PUNISHING

13 JUVENILE CRIME

14 Subtitle A—Assistance to Schools

15 SEC. 1001. ESTABLISHMENT OF SCHOOL SECURITY TECH16 NOLOGY CENTER.

17 (a) SCHOOL SECURITY TECHNOLOGY CENTER.—

18 (1) ESTABLISHMENT.—The Attorney General,

19 the Secretary of Education, and the Secretary of

20 Energy shall enter into an agreement for the estab21 lishment at the Sandia National Laboratories in

22 partnership with the National Law Enforcement and

23 Corrections Technology Center—Southeast of a cen24 ter to be known as the ‘‘School Security Technology
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1 Center’’. The School Security Technology Center

2 shall be administered by the Attorney General.

3 (2) FUNCTIONS.—The School Security Tech4 nology Center shall be a resource to local edu5 cational agencies for school security assessments, se6 curity technology development, technology availabil7 ity and implementation, and technical assistance re8 lating to improving school security.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $2,250,000 for each of fiscal years 2000, 2001, and 2002.

12 SEC. 1002. GRANTS FOR LOCAL SCHOOL SECURITY PRO13 GRAMS.

14 Subpart 1 of part A of title IV of the Elementary

15 and Secondary Education Act of 1965 (20 U.S.C. 7111

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

17 ‘‘SEC. 4119. LOCAL SCHOOL SECURITY PROGRAMS.

18 ‘‘(a) IN GENERAL.—From amounts appropriated

19 under subsection (c), the Secretary of Education shall

20 award grants on a competitive basis to local educational

21 agencies to enable the agencies to acquire security tech22 nology, or carry out activities related to improving security

23 at the middle and high schools served by the agencies, in24 cluding obtaining school security assessments, and tech25 nical assistance for the development of a comprehensive
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1 school security plan from the School Security Technology

2 Center. The Secretary shall give priority to local edu3 cational agencies showing the highest security needs as re4 ported by the agency to the Secretary in application for

5 funding made available under this section.

6 ‘‘(b) APPLICABILITY.—The provisions of this part

7 shall not apply to this section.

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

9 is authorized to be appropriated to carry out this section

10 $10,000,000 for each of fiscal years 2000, 2001, and

11 2002.’’.

12 SEC. 1003. SAFE AND SECURE SCHOOL ADVISORY REPORT.

13 The Attorney General, in consultation with the Sec14 retary of Education and the Secretary of Energy, or their

15 designees shall—

16 (1) develop a proposal to further improve school

17 security; and

18 (2) submit that proposal to Congress not later

19 than 1 year after the date of enactment of this Act.
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1 Subtitle B—Federal Prosecution of

2 Serious and Violent Juvenile Of3 fenders

4 PART 1—REFORM OF FEDERAL JUVENILE

5 SYSTEM

6 SEC. 1211. DELINQUENCY PROCEEDINGS OR CRIMINAL

7 PROSECUTIONS IN DISTRICT COURTS.

8 (a) IN GENERAL.—Section 5032 of title 18, United

9 States Code, is amended to read as follows:

10 ‘‘§ 5032. Delinquency proceedings or criminal pros11 ecutions in district courts

12 ‘‘(a) JUVENILE DELINQUENCY PROCEEDINGS.—

13 ‘‘(1) IN GENERAL.—A juvenile alleged to have

14 committed an offense against the United States or

15 an act of juvenile delinquency may be—

16 ‘‘(A) surrendered to State authorities;

17 ‘‘(B) proceeded against as a juvenile under

18 this subsection; or

19 ‘‘(C) tried as an adult in the circumstances

20 described in subsections (b) and (c).

21 ‘‘(2) SURRENDER TO STATE ABSENT CERTIFI22 CATION.—

23 ‘‘(A) IN GENERAL.—A juvenile referred to

24 in paragraph (1) may be proceeded against as
18

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1 a juvenile in a court of the United States under

2 this subsection—

3 ‘‘(i) for offenses committed within the

4 special maritime and territorial jurisdiction

5 of the United States for which the maxi6 mum authorized term of imprisonment

7 does not exceed 6 months; or

8 ‘‘(ii) if the Attorney General, after in9 vestigation, certifies to the appropriate

10 United States district court that—

11 ‘‘(I)(aa) the juvenile court or

12 other appropriate court of a State

13 does not have jurisdiction or declines

14 to assume jurisdiction over the juve15 nile with respect to such act of alleged

16 juvenile delinquency; or

17 ‘‘(bb) the offense charged is de18 scribed in subsection (b) (2) or (3) or

19 subsection (e); and

20 ‘‘(II) there is a substantial Fed21 eral interest in the case or the offense

22 to warrant the exercise of Federal ju23 risdiction.

24 ‘‘(B) SURRENDER TO LEGAL AUTHORI25 TIES.—If, where required, the Attorney General
19

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1 does not so certify, such juvenile shall be sur2 rendered to the appropriate legal authorities of

3 such State.

4 ‘‘(3) PUBLIC PROCEEDINGS; ATTENDANCE BY

5 VICTIMS.—

6 ‘‘(A) IN GENERAL.—If a juvenile alleged to

7 have committed an act of juvenile delinquency

8 is not surrendered to the authorities of a State

9 pursuant to this section, any proceedings

10 against the juvenile shall be in an appropriate

11 district court of the United States.

12 ‘‘(B) CONVENING OF COURT.—For the

13 purposes specified in subparagraph (A), the

14 court—

15 ‘‘(i) may be convened at any time and

16 place within the district; and

17 ‘‘(ii) shall be open to the public, ex18 cept that the court may exclude all or some

19 members of the public from the proceed20 ings if—

21 ‘‘(I) required by the interests of

22 justice; or

23 ‘‘(II) other good cause is shown.

24 ‘‘(C) COURT OPEN TO VICTIMS AND REL25 ATIVES.—Even if all or some of the members of
20

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1 the public are excluded from the proceedings,

2 the proceedings shall be open to victims of the

3 alleged offense and their relatives and legal

4 guardians unless—

5 ‘‘(i) required by the interests of jus6 tice; or

7 ‘‘(ii) otherwise good cause is shown.

8 ‘‘(D) PROCEDURAL REQUIREMENTS.—The

9 Attorney General shall proceed by information

10 or as authorized by section 3401(g) of this title,

11 and no criminal prosecution shall be instituted

12 except as provided in this chapter.

13 ‘‘(b) JUVENILES 16 YEARS AND OLDER PROS14 ECUTED AS ADULTS.—A juvenile alleged to have commit15 ted an act on or after the day the juvenile attains the age

16 of 16 years may be prosecuted as an adult—

17 ‘‘(1) if the juvenile has requested in writing

18 upon advice of counsel to be prosecuted as an adult;

19 ‘‘(2) if the act committed by an adult would be

20 a serious violent felony or a serious drug offense as

21 described in section 3559(c) (2) and (3) or a con22 spiracy or attempt under section 406 of the Con23 trolled Substances Act (21 U.S.C. 846) or under

24 section 1013 of the Controlled Substances Import
21

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1 and Export Act (21 U.S.C. 963) to commit an of2 fense described in section 3559(c)(2); or

3 ‘‘(3) if the act the juvenile is alleged to have

4 committed is not described in paragraph (2), and if

5 committed by an adult would be—

6 ‘‘(A) a crime of violence (as defined in sec7 tion 3156(a)(4)) that is a felony;

8 ‘‘(B) an offense described in section 844

9 (d), (k), or (l), or paragraph (a)(6) or sub10 section (b), (g), (h), (j), (k), or (l), of section

11 924;

12 ‘‘(C) a violation of section 922(o) that is

13 an offense under section 924(a)(2);

14 ‘‘(D) a violation of section 5861 of the In15 ternal Revenue Code of 1986 that is an offense

16 under section 5871 of the Internal Revenue

17 Code of 1986;

18 ‘‘(E) a conspiracy to commit an offense de19 scribed in any of subparagraphs (A) through

20 (D); or

21 ‘‘(F) an offense described in section 401 or

22 408 of the Controlled Substances Act (21

23 U.S.C. 841, 848) or a conspiracy or attempt to

24 commit that offense which is punishable under

25 section 406 of the Controlled Substances Act
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1 (21 U.S.C. 846), an offense punishable under

2 section 409 or 419 of the Controlled Substances

3 Act (21 U.S.C. 849, 860), an offense described

4 in section 1002, 1003, 1005, or 1009 of the

5 Controlled Substances Import and Export Act

6 (21 U.S.C. 952, 953, 955, or 959) or a conspir7 acy or attempt to commit that offense which is

8 punishable under section 1013 of the Controlled

9 Substances Import and Export Act (21 U.S.C.

10 963).

11 ‘‘(c) JUVENILES UNDER 16 YEARS PROSECUTED AS

12 ADULTS.—

13 ‘‘(1) IN GENERAL.—A juvenile, alleged to have

14 committed an act on or after the day on which the

15 juvenile has attained the age of 13 years but before

16 the juvenile has attained the age of 16 years, may

17 be prosecuted as an adult if the act, if committed by

18 an adult, would be an offense described in paragraph

19 (2) or (3) of subsection (b), upon approval of the At20 torney General or the designee of the Attorney Gen21 eral, who shall not be at a level lower than a Deputy

22 Assistant Attorney General.

23 ‘‘(2) LIMITATION.—

24 ‘‘(A) IN GENERAL.—Except as provided in

25 subparagraph (B), approval shall not be grant-
23

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1 ed under paragraph (1), with respect to a juve2 nile described in that paragraph who is subject

3 to the criminal jurisdiction of an Indian tribal

4 government and who is alleged to have commit5 ted an act over which, if committed by an adult,

6 there would be Federal jurisdiction based solely

7 on the commission of that act in Indian country

8 (as defined in section 1151).

9 ‘‘(B) EXCEPTION.—Subparagraph (A)

10 shall not apply if, before that alleged act was

11 committed, the governing body of the Indian

12 tribe having jurisdiction over the place in which

13 the alleged act was committed notified the At14 torney General in writing of its election that

15 prosecution may take place under this sub16 section.

17 ‘‘(d) LIMITATIONS ON JUDICIAL REVIEW.—

18 ‘‘(1) IN GENERAL.—Except as provided in this

19 subsection, a determination to approve or not to ap20 prove, or to institute or not to institute, a prosecu21 tion under subsection (b) or (c) shall not be review22 able in any court.

23 ‘‘(2) DETERMINATION BY COURT.—In any pros24 ecution of a juvenile under subsection (b)(3) or

25 (c)(1), upon motion of the defendant and after a
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1 hearing, the court in which criminal charges have

2 been filed shall determine whether to issue an order

3 to provide for the transfer of the defendant to juve4 nile status for the purposes of proceeding against

5 the defendant under subsection (a).

6 ‘‘(3) TIME REQUIREMENTS.—A motion by a de7 fendant under paragraph (2) shall not be considered

8 unless that motion is filed not later than 20 days

9 after the date on which the defendant—

10 ‘‘(A) initially appears through counsel; or

11 ‘‘(B) expressly waives the right to counsel

12 and elects to proceed pro se.

13 ‘‘(4) PROHIBITION.—The court shall not order

14 the transfer of a defendant to juvenile status under

15 this paragraph unless the defendant establishes by

16 clear and convincing evidence or information that re17 moval to juvenile status would be in the interest of

18 justice. In making a determination under paragraph

19 (2), the court shall consider—

20 ‘‘(A) the nature of the alleged offense, in21 cluding the extent to which the juvenile played

22 a leadership role in an organization, or other23 wise influenced other persons to take part in

24 criminal activities, involving the use or distribu25 tion of controlled substances or firearms;
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1 ‘‘(B) whether prosecution of the juvenile as

2 an adult is necessary to protect public safety;

3 ‘‘(C) the age and social background of the

4 juvenile;

5 ‘‘(D) the extent and nature of the prior de6 linquency record of the juvenile;

7 ‘‘(E) the intellectual development and psy8 chological maturity of the juvenile;

9 ‘‘(F) the nature of any treatment efforts

10 and the response of the juvenile to those efforts;

11 and

12 ‘‘(G) the availability of programs designed

13 to treat the behavioral problems of the juvenile.

14 ‘‘(5) STATUS OF ORDERS.—

15 ‘‘(A) IN GENERAL.—An order of the court

16 made in ruling on a motion by a defendant to

17 transfer a defendant to juvenile status under

18 this subsection shall not be a final order for the

19 purpose of enabling an appeal, except that an

20 appeal by the United States shall lie to a court

21 of appeals pursuant to section 3731 from an

22 order of a district court removing a defendant

23 to juvenile status.

24 ‘‘(B) APPEALS.—Upon receipt of a notice

25 of appeal of an order under this paragraph, a
26

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1 court of appeals shall hear and determine the

2 appeal on an expedited basis.

3 ‘‘(6) INADMISSIBILITY OF EVIDENCE.—

4 ‘‘(A) IN GENERAL.—Except as provided in

5 subparagraph (B), no statement made by a de6 fendant during or in connection with a hearing

7 under this subsection shall be admissible

8 against the defendant in any criminal prosecu9 tion.

10 ‘‘(B) EXCEPTIONS.—The prohibition under

11 subparagraph (A) shall not apply, except—

12 ‘‘(i) for impeachment purposes; or

13 ‘‘(ii) in a prosecution for perjury or

14 giving a false statement.

15 ‘‘(7) RULES.—The rules concerning the receipt

16 and admissibility of evidence shall be the same as

17 prescribed in subsection 3142(f) of this title.

18 ‘‘(e) JOINDER; LESSER INCLUDED OFFENSES.—In a

19 prosecution under subsection (b) or (c) the juvenile may

20 be prosecuted and convicted as an adult for any other of21 fense which is properly joined under the Federal Rules of

22 Criminal Procedure, and may also be convicted of a lesser

23 included offense.’’.
27

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1 SEC. 1212. APPLICABILITY OF STATUTORY MINIMUMS TO

2 JUVENILES 16 YEARS AND OLDER AND LIMI3 TATION AS TO YOUNGER JUVENILES.

4 Section 3553 of title 18, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

7 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

8 UNDER THE AGE OF 16.—Notwithstanding any other pro9 vision of law, in the case of a juvenile alleged to have com10 mitted an act on or after the day on which the juvenile

11 has attained the age of 13 years but before the juvenile

12 has attained the age of 16 years, which if committed by

13 an adult would be an offense described in section 5032

14 (b)(3) or (e), the court shall impose a sentence pursuant

15 to guidelines promulgated by the United States Sentenc16 ing Commission under section 994 of title 28 without re17 gard to any statutory minimum sentence, if the court finds

18 at sentencing, after the Government has been afforded the

19 opportunity to make a recommendation, that the juvenile

20 has not been previously adjudicated delinquent for or con21 victed of an offense described in section 5032(b)(2).’’.

22 SEC. 1213. CONFORMING AMENDMENT TO DEFINITIONS

23 SECTION.

24 Section 5031 of title 18, United States Code, is

25 amended by adding at the end the following: ‘‘As used in

26 this chapter, the term ‘State’ includes a State of the
28

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1 United States, the District of Columbia, any common2 wealth, territory, or possession of the United States and,

3 with regard to an act of juvenile delinquency that would

4 have been a misdemeanor if committed by an adult, a fed5 erally recognized Indian tribe.’’.

6 SEC. 1214. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI7 CIAL OFFICER.

8 Section 5033 of title 18, United States Code, is

9 amended to read as follows:

10 ‘‘§ 5033. Custody prior to appearance before judicial

11 officer

12 ‘‘(a) IN GENERAL.—Whenever a juvenile is taken

13 into custody, the arresting officer shall immediately advise

14 such juvenile of the juvenile’s rights, in language com15 prehensible to a juvenile. The arresting officer shall

16 promptly take reasonable steps to notify the juvenile’s par17 ents, guardian, or custodian of such custody, of the rights

18 of the juvenile, and of the nature of the alleged offense.

19 ‘‘(b) TIMELY ACTION.—The juvenile shall be taken

20 before a judicial officer without unreasonable delay.’’.

21 SEC. 1215. TECHNICAL AND CONFORMING AMENDMENTS

22 TO SECTION 5034.

23 Section 5034 of title 18, United States Code, is

24 amended—
29

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1 (1) by striking ‘‘The’’ each place it appears at

2 the beginning of a paragraph and inserting ‘‘the’’;

3 (2) by striking ‘‘If’’ at the beginning of the

4 third paragraph and inserting ‘‘if’’;

5 (3) by designating the 3 paragraphs as para6 graphs (1), (2), and (3), respectively; and

7 (4) by inserting at the beginning of such section

8 before those paragraphs the following: ‘‘In a pro9 ceeding under section 5032(a)—’’.

10 SEC. 1216. SPEEDY TRIAL FOR DETAINED JUVENILES PEND11 ING DELINQUENCY PROCEEDINGS; RE12 INSTITUTING DISMISSED CASES.

13 Section 5036 of title 18, United States Code, is

14 amended—

15 (1) by striking ‘‘If an alleged delinquent’’ and

16 inserting ‘‘If a juvenile proceeded against under sec17 tion 5032(a)’’;

18 (2) by striking ‘‘thirty’’ and inserting ‘‘45’’; and

19 (3) by striking ‘‘the court,’’ and all that follows

20 through the end of the section and inserting ‘‘the

21 court. In determining whether an information should

22 be dismissed with or without prejudice, the court

23 shall consider the seriousness of the offense, the

24 facts and circumstances of the case that led to the

25 dismissal, and the impact of a reprosecution on the
30

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1 administration of justice. The periods of exclusion

2 under section 3161(h) of this title shall apply to this

3 section.’’.

4 SEC. 1217. DISPOSITION; AVAILABILITY OF INCREASED DE5 TENTION, FINES, AND SUPERVISED RELEASE

6 FOR JUVENILE OFFENDERS.

7 Section 5037 of title 18, United States Code, is

8 amended to read as follows:

9 ‘‘§ 5037. Disposition

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) HEARING.—In a proceeding under section

12 5032(a), if the court finds a juvenile to be a juvenile

13 delinquent, the court shall hold a hearing concerning

14 the appropriate disposition of the juvenile not later

15 than 40 court days after the finding of juvenile de16 linquency, unless the court has ordered further study

17 pursuant to subsection (e).

18 ‘‘(2) REPORT.—A predisposition report shall be

19 prepared by the probation officer who shall promptly

20 provide a copy to the juvenile, the juvenile’s counsel,

21 and the attorney for the Government.

22 ‘‘(3) VICTIM IMPACT INFORMATION.—Victim

23 impact information shall be included in the report,

24 and victims, or in appropriate cases, their official

25 representatives, shall be provided the opportunity to
31

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1 make a statement to the court in person or present

2 any information in relation to the disposition.

3 ‘‘(4) ORDER OF RESTITUTION.—After the

4 dispositional hearing, and after considering any per5 tinent policy statements promulgated by the Sen6 tencing Commission pursuant to section 994 of title

7 28, the court shall enter an order of restitution pur8 suant to section 3556 of this title, and place the ju9 venile on probation, commit the juvenile to official

10 detention (including the possibility of a term of su11 pervised release), and impose any fine that would be

12 authorized if the juvenile had been tried and con13 victed as an adult.

14 ‘‘(5) RELEASE OR DETENTION.—With respect

15 to release or detention pending an appeal or a peti16 tion for a writ of certiorari after disposition, the

17 court shall proceed pursuant to the provisions of

18 chapter 207.

19 ‘‘(b) TERM OF PROBATION.—The term for which pro20 bation may be ordered for a juvenile found to be a juvenile

21 delinquent may not extend beyond the maximum term that

22 would be authorized by section 3561(c) if the juvenile had

23 been tried and convicted as an adult. Sections 3563, 3564,

24 and 3565 are applicable to an order placing a juvenile on

25 probation.
32

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1 ‘‘(c) TERM OF OFFICIAL DETENTION.—

2 ‘‘(1) MAXIMUM TERM.—The term for which of3 ficial detention (other than supervised release) may

4 be ordered for a juvenile found to be a juvenile de5 linquent may not extend beyond the lesser of—

6 ‘‘(A) the maximum term of imprisonment

7 that would be authorized if the juvenile had

8 been tried and convicted as an adult;

9 ‘‘(B) 10 years; or

10 ‘‘(C) the date on which the juvenile attains

11 the age of 26 years.

12 ‘‘(2) APPLICABILITY OF OTHER PROVISIONS.—

13 Section 3624 of this title shall apply to an order

14 placing a juvenile in detention.

15 ‘‘(d) TERM OF SUPERVISED RELEASE.—The term for

16 which supervised release may be ordered for a juvenile

17 found to be a juvenile delinquent may not extend beyond

18 5 years. Subsections (c) through (i) of section 3583 shall

19 apply to an order placing a juvenile on supervised release.

20 ‘‘(e) CUSTODY OF THE ATTORNEY GENERAL.—

21 ‘‘(1) IN GENERAL.—If the court desires more

22 detailed information concerning a juvenile alleged to

23 have committed an act of juvenile delinquency or a

24 juvenile adjudicated delinquent, the court may com25 mit the juvenile, after notice and hearing at which
33

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1 the juvenile is represented by counsel, to the custody

2 of the Attorney General for observation and study by

3 an appropriate agency or entity.

4 ‘‘(2) OUTPATIENT BASIS.—Any observation and

5 study pursuant to a commission under paragraph

6 (1) shall be conducted on an outpatient basis, unless

7 the court determines that inpatient observation and

8 study are necessary to obtain the desired informa9 tion, except in the case of an alleged juvenile delin10 quent, inpatient study may be ordered only with the

11 consent of the juvenile and the juvenile’s attorney.

12 ‘‘(3) CONTENTS OF STUDY.—The agency or en13 tity conducting an observation or study under this

14 subsection shall make a complete study of the al15 leged or adjudicated delinquent to ascertain the ju16 venile’s personal traits, capabilities, background,

17 previous delinquency or criminal experience, mental

18 or physical defect, and any other relevant factors

19 pertaining to the juvenile.

20 ‘‘(4) SUBMISSION OF RESULTS.—The Attorney

21 General shall submit to the court and the attorneys

22 for the juvenile and the Government the results of

23 the study not later than 30 days after the commit24 ment of the juvenile, unless the court grants addi25 tional time. If the juvenile has not been committed
34

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1 for the study, the probation office shall obtain the

2 report under sections 3154 and 3672 and submit the

3 results of the study in like manner and within the

4 same time period.

5 ‘‘(5) EXCLUSION OF TIME.—Time spent in cus6 tody under this subsection shall be excluded for pur7 poses of section 5036.

8 ‘‘(f) CONVICTION AS ADULT OF JUVENILES 13, 14,

9 AND 15 YEARS OLD.—With respect to any juvenile pros10 ecuted and convicted as an adult under section 5032(c),

11 the court may, pursuant to guidelines promulgated by the

12 United States Sentencing Commission under section 994

13 of title 28, determine to treat the conviction as an adju14 dication of delinquency and impose any disposition author15 ized under this section. The United States Sentencing

16 Commission shall promulgate such guidelines as soon as

17 practicable and not later than 1 year after the date of

18 enactment of the Safe Schools, Safe Streets, and Secure

19 Borders Act of 1999.’’.

20 SEC. 1218. ACCESS TO JUVENILE RECORDS.

21 Section 5038 of title 18, United States Code, is

22 amended—

23 (1) in subsection (a)—

24 (A) by striking the matter preceding the

25 colon and inserting the following: ‘‘Throughout
35

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1 and upon completion of the juvenile delinquency

2 proceeding, the court records of the original

3 proceeding shall be safeguarded from disclosure

4 to unauthorized persons. The records shall be

5 released to the extent necessary to meet the fol6 lowing circumstances’’; and

7 (B) by striking paragraph (6) and insert8 ing the following:

9 ‘‘(6) inquiries from any victim of such juvenile

10 delinquency, or in appropriate cases with the official

11 representative of the victim, or, if the victim is de12 ceased, from the immediate family of such victim in

13 order to—

14 ‘‘(A) apprise such victim or representative

15 of the status or disposition of the proceeding;

16 ‘‘(B) effectuate any other provision of law;

17 or

18 ‘‘(C) assist in a victim’s or the victim’s of19 ficial representative’s, allocution at disposi20 tion;’’;

21 (2) by striking subsections (d) and (f) and re22 designating subsection (e) as subsection (d); and

23 (3) by adding at the end the following:

24 ‘‘(e) RECORDS AND INFORMATION.—
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1 ‘‘(1) JUVENILE DELINQUENCY RECORDS.—If a

2 juvenile has been adjudicated delinquent for an act

3 that, if committed by an adult, would be a felony or

4 for a violation of section 922(x)—

5 ‘‘(A) the juvenile shall be fingerprinted and

6 photographed, and the fingerprints and photo7 graph shall be sent to the Federal Bureau of

8 Investigation;

9 ‘‘(B) the court shall transmit to the Fed10 eral Bureau of Investigation the information

11 concerning the adjudication, including the

12 name, date of adjudication, court, offenses, and

13 sentence of the juvenile, along with the notation

14 that the matter was a juvenile adjudication; and

15 ‘‘(C) access to the fingerprints, photo16 graph, and other records and information relat17 ing to a juvenile described in this subsection,

18 shall be restricted as prescribed by subsection

19 (a).

20 ‘‘(2) JUVENILES TRIED AS ADULTS.—Finger21 prints and photographs of a juvenile who is pros22 ecuted as an adult shall be made available in the

23 manner applicable to adult defendants.

24 ‘‘(f) ADDITIONAL AUTHORIZATION.—In addition to

25 any other authorization under this section for the report-
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1 ing, retention, disclosure, or availability of records or in2 formation, if the law of the State in which a Federal juve3 nile delinquency proceeding takes place permits or re4 quires the reporting, retention, disclosure, or availability

5 of records or information relating to a juvenile or to a

6 juvenile delinquency proceeding or adjudication in certain

7 circumstances, then such reporting, retention, disclosure,

8 or availability is permitted under this section in any case

9 in which the same circumstances exist.’’.

10 SEC. 1219. TECHNICAL AMENDMENTS OF SECTION 5034.

11 Section 5034 of title 18, United States Code, as

12 amended by section 1215 of this title, is amended—

13 (1) by striking ‘‘his’’ each place it appears and

14 inserting ‘‘the juvenile’s’’; and

15 (2) by striking ‘‘magistrate’’ each place it ap16 pears and inserting ‘‘judicial officer’’.

17 SEC. 1220. DEFINITIONS.

18 Section 5031 of title 18, United States Code, is

19 amended to read as follows:

20 ‘‘§ 5031. Definitions

21 ‘‘In this chapter:

22 ‘‘(1) ADULT JAIL OR CORRECTIONAL FACIL23 ITY.—The term ‘adult jail or correctional facility’

24 means a locked facility that is used by a State, unit
38

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1 of local government, or any law enforcement author2 ity to detain or confine adults—

3 ‘‘(A) pending the filing of a charge of vio4 lating a criminal law;

5 ‘‘(B) awaiting trial on a criminal charge;

6 or

7 ‘‘(C) convicted of violating a criminal law.

8 ‘‘(2) COMMUNITY-BASED FACILITY, PROGRAM,

9 OR SERVICE.—The term ‘community-based facility,

10 program, or service’ means, with respect to a juve11 nile, a small, open group home or other suitable

12 place located near the juvenile’s home or family and

13 programs of community supervision and service that

14 maintain community and consumer participation in

15 the planning, operation, and evaluation of those pro16 grams (which may include medical, educational, vo17 cational, social and psychological guidance, training,

18 special education, counseling, alcoholism treatment,

19 drug treatment, and other rehabilitative services).

20 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’

21 means an Indian or Alaskan native tribe, band, na22 tion, pueblo, village, or community that the Sec23 retary of the Interior acknowledges to exist as an In24 dian tribe pursuant to section 104 of the Federally
39

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1 Recognized Indian Tribe List Act of 1994 (25

2 U.S.C. 479a–1).

3 ‘‘(4) INDIAN TRIBAL GOVERNMENT.—The term

4 ‘Indian tribal government’ means the legally recog5 nized leadership of an Indian tribe, band, nation,

6 pueblo, village, or community.

7 ‘‘(5) JUVENILE.—The term ‘juvenile’ means—

8 ‘‘(A) a person who has not attained his or

9 her 18th birthday; or

10 ‘‘(B) for the purpose of proceedings and

11 disposition under this chapter for an alleged act

12 of juvenile delinquency, a person who has not

13 attained his or her 21st birthday.

14 ‘‘(6) JUVENILE DELINQUENCY.—The term ‘ju15 venile delinquency’ means the violation of a law of

16 the United States committed by a person prior to

17 the 18th birthday of that person, if the violation—

18 ‘‘(A) would have been a crime if committed

19 by an adult; or

20 ‘‘(B) is a violation of section 922(x).

21 ‘‘(7) PROHIBITED PHYSICAL CONTACT.—

22 ‘‘(A) IN GENERAL.—The term ‘prohibited

23 physical contact’ means—

24 ‘‘(i) any physical contact between a

25 juvenile and an adult inmate; and
40

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1 ‘‘(ii) proximity that provides an op2 portunity for physical contact between a

3 juvenile and an adult inmate.

4 ‘‘(B) EXCLUSION.—The term does not in5 clude supervised proximity between a juvenile

6 and an adult inmate that is brief and incidental

7 or accidental.

8 ‘‘(8) SUSTAINED ORAL COMMUNICATION.—

9 ‘‘(A) IN GENERAL.—The term ‘sustained

10 oral communication’ means the imparting or

11 interchange of speech by or between an adult

12 inmate and a juvenile.

13 ‘‘(B) EXCEPTION.—The term does not

14 include—

15 ‘‘(i) communication that is accidental

16 or incidental; or

17 ‘‘(ii) sounds or noises that cannot rea18 sonably be considered to be speech.

19 ‘‘(9) STATE.—The term ‘State’ includes a State

20 of the United States, the District of Columbia, any

21 commonwealth, territory, or possession of the United

22 States and, with regard to an act of juvenile delin23 quency that would have been a misdemeanor if com24 mitted by an adult, an Indian tribe (as that term is

25 defined in section 4(e) of the Indian Self-Determina-
41

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1 tion and Education Assistance Act (25 U.S.C.

2 4506(e))).

3 ‘‘(10) VIOLENT JUVENILE.—The term ‘violent

4 juvenile’ means any juvenile who is alleged to have

5 committed, has been adjudicated delinquent for, or

6 has been convicted of an offense that, if committed

7 by an adult, would be a crime of violence (as that

8 term is defined in section 16).’’.

9 PART 2—INCARCERATION OF JUVENILES IN THE

10 FEDERAL SYSTEM

11 SEC. 1221. DETENTION OF JUVENILES PRIOR TO DISPOSI12 TION OR SENTENCING.

13 Section 5035 of title 18, United States Code, is

14 amended to read as follows:

15 ‘‘§ 5035. Detention prior to disposition or sentencing

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) JUVENILES 16 YEARS OF AGE OR

18 OLDER.—

19 ‘‘(A) A juvenile 16 years of age or older

20 prosecuted pursuant to paragraph (2) or (3) of

21 section 5032(b), if detained at any time prior to

22 sentencing, shall be detained in a suitable juve23 nile facility as the Attorney General may des24 ignate. Preference shall be given to a place lo25 cated within, or within a reasonable distance of,
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1 the district in which the juvenile is being pros2 ecuted.

3 ‘‘(B)(i) A juvenile 16 years of age or older

4 prosecuted pursuant to section 5032(a), if de5 tained at any time prior to sentencing, shall be

6 detained in a suitable juvenile facility located

7 within, or within a reasonable distance of, the

8 district in which the juvenile is being pros9 ecuted.

10 ‘‘(ii) If a facility described in clause (i) is

11 not available, such a juvenile may be detained

12 in any other suitable juvenile facility that the

13 Attorney General may designate. To the extent

14 practicable, violent juveniles shall be kept sepa15 rate from nonviolent juveniles.

16 ‘‘(2) JUVENILES LESS THAN 16 YEARS OF

17 AGE.—

18 ‘‘(A) IN GENERAL.—A juvenile less than

19 16 years of age prosecuted pursuant to this sec20 tion, if detained at any time prior to sentenc21 ing, shall be detained in a suitable juvenile fa22 cility located within, or within a reasonable dis23 tance of, the district in which the juvenile is

24 being prosecuted.
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1 ‘‘(B) UNAVAILABILITY OF CERTAIN FACILI2 TIES.—If a facility described in subparagraph

3 (A) is not available, such a juvenile may be de4 tained in any other suitable juvenile facility

5 that the Attorney General may designate. To

6 the extent practicable, violent juveniles shall be

7 kept separate from nonviolent juveniles.

8 ‘‘(b) PROHIBITION.—A juvenile less than 16 years of

9 age prosecuted pursuant to this section shall not be de10 tained prior to disposition or sentencing in any facility in

11 which the juvenile has prohibited physical contact or sus12 tained oral communication with adult persons convicted

13 of a crime or awaiting trial on criminal charges.

14 ‘‘(c) PROVISION OF SAFETY, SECURITY, AND OTHER

15 AMENITIES.—Every juvenile who is detained prior to dis16 position or sentencing shall be provided with reasonable

17 safety and security and with adequate food, heat, light,

18 sanitary facilities, bedding, clothing, recreation, education,

19 and medical care, including necessary psychiatric, psycho20 logical, or other care and treatment.’’.

21 SEC. 1222. RULES GOVERNING THE COMMITMENT OF JUVE22 NILES.

23 Section 5039 of title 18, United States Code, is

24 amended to read as follows:
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1 ‘‘§ 5039. Commitment

2 ‘‘(a) IN GENERAL.—

3 ‘‘(1) PROHIBITION.—The Attorney General

4 shall not cause any person less than 18 years of age

5 adjudicated delinquent under section 5032(a), or

6 any person less than 16 years of age convicted of an

7 offense to be placed or retained in an adult jail or

8 correctional facility in which the person has prohib9 ited physical contact or sustained oral communica10 tion with adults incarcerated because they have been

11 convicted of a crime or are awaiting trial on criminal

12 charges.

13 ‘‘(2) FACILITIES NEAR HOME.—Whenever pos14 sible, the Attorney General shall commit a juvenile

15 described in paragraph (1) to a foster home or com16 munity-based facility located in or near the home

17 community of that juvenile. To the extent prac18 ticable, violent juveniles shall be kept separate from

19 nonviolent juveniles.

20 ‘‘(b) PROVISION OF AMENITIES.—Each juvenile who

21 has been committed under subsection (a) shall be provided

22 with reasonable safety and security and with adequate

23 food, heat, light, sanitary facilities, bedding, clothing,

24 recreation, counseling, education, training, and medical

25 care including necessary psychiatric, psychological, or

26 other care and treatment.’’.
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1 Subtitle C—Assistance to States for

2 Prosecuting and Punishing Ju3 venile Offenders, and Reducing

4 Juvenile Crime

5 SEC. 1301. JUVENILE AND VIOLENT OFFENDER INCARCER6 ATION GRANTS.

7 (a) GRANTS FOR VIOLENT AND CHRONIC JUVENILE

8 FACILITIES.—

9 (1) DEFINITIONS.—In this subsection:

10 (A) COLOCATED FACILITY.—The term ‘‘co11 located facility’’ means the location of adult and

12 juvenile facilities on the same property in a

13 manner consistent with regulations issued by

14 the Attorney General to ensure that adults and

15 juveniles are substantially segregated.

16 (B) SUBSTANTIALLY SEGREGATED.—The

17 term ‘‘substantially segregated’’ means—

18 (i) complete sight and sound separa19 tion in residential confinement;

20 (ii) use of shared direct care and

21 management staff, properly trained and

22 certified by the State to interact with juve23 nile offenders, if the staff does not interact

24 with adult and juvenile offenders during

25 the same shift; and
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1 (iii) incidental contact during trans2 portation to court proceedings and other

3 activities in accordance with regulations

4 issued by the Attorney General to ensure

5 reasonable efforts are made to segregate

6 adults and juveniles.

7 (C) VIOLENT JUVENILE OFFENDER.—The

8 term ‘‘violent juvenile offender’’ means a person

9 under the age of majority pursuant to State law

10 that has been adjudicated delinquent or con11 victed in adult court of a violent felony as de12 fined in section 924(e)(2)(B) of title 18, United

13 States Code.

14 (D) QUALIFYING STATE.—The term

15 ‘‘qualifying State’’ means a State that has sub16 mitted, or a State in which an eligible unit of

17 local government has submitted, a grant appli18 cation that meets the requirements of para19 graphs (3) and (5).

20 (2) AUTHORITY.—

21 (A) IN GENERAL.—The Attorney General

22 may make grants in accordance with this sub23 section to States, units of local government, or

24 any combination thereof, to assist them in plan25 ning, establishing, and operating secure facili-
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1 ties, staff-secure facilities, detention centers,

2 and other correctional programs for violent ju3 venile offenders.

4 (B) USE OF AMOUNTS.—Grants under this

5 subsection may be used—

6 (i) for colocated facilities for adult

7 prisoners and violent juvenile offenders;

8 and

9 (ii) only for the construction or oper10 ation of facilities in which violent juvenile

11 offenders are substantially segregated from

12 nonviolent juvenile offenders.

13 (3) APPLICATIONS.—

14 (A) IN GENERAL.—The chief executive of15 ficer of a State or unit of local government that

16 seeks to receive a grant under this subsection

17 shall submit to the Attorney General an appli18 cation, in such form and in such manner as the

19 Attorney General may prescribe.

20 (B) CONTENTS.—Each application submit21 ted under subparagraph (A) shall provide writ22 ten assurances that each facility or program

23 funded with a grant under this subsection—

24 (i) will provide appropriate edu25 cational and vocational training, appro-
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1 priate mental health services, a program of

2 substance abuse testing, and substance

3 abuse treatment for appropriate juvenile

4 offenders; and

5 (ii) will afford juvenile offenders in6 tensive post-release supervision and serv7 ices.

8 (4) MINIMUM AMOUNT.—

9 (A) IN GENERAL.—Except as provided in

10 subparagraph (B), each qualifying State, to11 gether with units of local government within the

12 State, shall be allocated for each fiscal year not

13 less than 1.0 percent of the total amount made

14 available in each fiscal year for grants under

15 this subsection.

16 (B) EXCEPTION.—The United States Vir17 gin Islands, American Samoa, Guam, and the

18 Northern Mariana Islands shall each be allo19 cated 0.2 percent of the total amount made

20 available in each fiscal year for grants under

21 this subsection.

22 (5) PERFORMANCE EVALUATION.—

23 (A) EVALUATION COMPONENTS.—

24 (i) IN GENERAL.—Each facility or

25 program funded under this subsection shall
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1 contain an evaluation component developed

2 pursuant to guidelines established by the

3 Attorney General.

4 (ii) OUTCOME MEASURES.—The eval5 uations required by this subsection shall

6 include outcome measures that can be used

7 to determine the effectiveness of the fund8 ed programs, including the effectiveness of

9 such programs in comparison with other

10 correctional programs or dispositions in re11 ducing the incidence of recidivism, and

12 other outcome measures.

13 (B) PERIODIC REVIEW AND REPORTS.—

14 (i) REVIEW.—The Attorney General

15 shall review the performance of each grant

16 recipient under this subsection.

17 (ii) REPORTS.—The Attorney General

18 may require a grant recipient to submit to

19 the Office of Justice Programs, Correc20 tions Programs Office the results of the

21 evaluations required under subparagraph

22 (A) and such other data and information

23 as are reasonably necessary to carry out

24 the responsibilities of the Attorney General

25 under this subsection.
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1 (6) TECHNICAL ASSISTANCE AND TRAINING.—

2 The Attorney General shall provide technical assist3 ance and training to grant recipients under this sub4 section to achieve the purposes of this subsection.

5 (b) JUVENILE FACILITIES ON TRIBAL LANDS.—

6 (1) RESERVATION OF FUNDS.—Of amounts

7 made available to carry out this section under sec8 tion 20108(a)(2)(A) of the Violent Crime Control

9 and Law Enforcement Act of 1994 (42 U.S.C.

10 13708(a)(2)(A)), the Attorney General shall reserve,

11 to carry out this subsection, 0.75 percent for each

12 of fiscal years 2000 through 2003.

13 (2) GRANTS TO INDIAN TRIBES.—Of amounts

14 reserved under paragraph (1), the Attorney General

15 may make grants to Indian tribes or to regional

16 groups of Indian tribes for the purpose of construct17 ing secure facilities, staff-secure facilities, detention

18 centers, and other correctional programs for incar19 ceration of juvenile offenders subject to tribal juris20 diction.

21 (3) APPLICATIONS.—To be eligible to receive a

22 grant under this section, an Indian tribe shall sub23 mit to the Attorney General an application in such

24 form and containing such information as the Attor25 ney General may by regulation require.
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1 (4) REGIONAL GROUPS.—Individual Indian

2 tribes from a geographic region may apply for

3 grants under paragraph (2) jointly for the purpose

4 of building regional facilities.

5 (c) REPORT ON ACCOUNTABILITY AND PERFORM6 ANCE MEASURES IN JUVENILE CORRECTIONS PRO7 GRAMS.—

8 (1) IN GENERAL.—Not later than 6 months

9 after the date of enactment of this Act, the Attorney

10 General shall, after consultation with the National

11 Institute of Justice and other appropriate govern12 mental and nongovernmental organizations, submit

13 to Congress a report regarding the possible use of

14 performance-based criteria in evaluating and improv15 ing the effectiveness of juvenile corrections facilities

16 and programs.

17 (2) CONTENTS.—The report required under

18 this subsection shall include an analysis of—

19 (A) the range of performance-based meas20 ures that might be utilized as evaluation cri21 teria, including measures of recidivism among

22 juveniles who have been incarcerated in facili23 ties or have participated in correctional pro24 grams;
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1 (B) the feasibility of linking Federal juve2 nile corrections funding to the satisfaction of

3 performance-based criteria by grantees (includ4 ing the use of a Federal matching mechanism

5 under which the share of Federal funding would

6 vary in relation to the performance of a pro7 gram or facility);

8 (C) whether, and to what extent, the data

9 necessary for the Attorney General to utilize

10 performance-based criteria in the Attorney Gen11 eral’s administration of juvenile corrections pro12 grams are collected and reported nationally;

13 and

14 (D) the estimated cost and feasibility of es15 tablishing minimal, uniform data collection and

16 reporting standards nationwide that would

17 allow for the use of performance-based criteria

18 in evaluating juvenile corrections programs and

19 facilities and administering Federal juvenile

20 corrections funds.

21 SEC. 1302. CERTAIN PUNISHMENT AND GRADUATED SANC22 TIONS FOR YOUTH OFFENDERS.

23 (a) FINDINGS AND PURPOSES.—

24 (1) FINDINGS.—Congress finds that—
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1 (A) youth violence constitutes a growing

2 threat to the national welfare requiring imme3 diate and comprehensive action by the Federal

4 Government to reduce and prevent youth vio5 lence;

6 (B) the behavior of youth who become vio7 lent offenders often follow a progression, begin8 ning with aggressive behavior in school, tru9 ancy, and vandalism, leading to property crimes

10 and then serious violent offenses;

11 (C) the juvenile justice systems in most

12 States are ill-equipped to provide meaningful

13 sanctions to minor, nonviolent offenders be14 cause most of their resources are dedicated to

15 dealing with more serious offenders;

16 (D) in most States, some youth commit

17 multiple, nonviolent offenses without facing any

18 significant criminal sanction;

19 (E) the failure to provide meaningful

20 criminal sanctions for first time, nonviolent of21 fenders sends the false message to youth that

22 they can engage in antisocial behavior without

23 suffering any negative consequences and that

24 society is unwilling or unable to restrain that

25 behavior;
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1 (F) studies demonstrate that interventions

2 during the early stages of a criminal career can

3 halt the progression to more serious, violent be4 havior; and

5 (G) juvenile courts need access to a range

6 of sentencing options so that at least some level

7 of sanction is imposed on all youth offenders,

8 including status offenders, and the severity of

9 the sanctions increase along with the serious10 ness of the offense.

11 (2) PURPOSES.—The purposes of this section

12 are to provide—

13 (A) assistance to State and local juvenile

14 courts to expand the range of sentencing op15 tions for first time, nonviolent offenders; and

16 (B) a selection of graduated sanctions for

17 more serious offenses.

18 (b) DEFINITIONS.—In this section:

19 (1) FIRST TIME OFFENDER.—The term ‘‘first

20 time offender’’ means a juvenile against whom for21 mal charges have not previously been filed in any

22 Federal or State judicial proceeding.

23 (2) NONVIOLENT OFFENDER.—The term ‘‘non24 violent offender’’ means a juvenile who is charged
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1 with an offense that does not involve the use of force

2 against the person of another.

3 (3) STATUS OFFENDER.—The term ‘‘status of4 fender’’ means a juvenile who is charged with an of5 fense that would not be criminal if committed by an

6 adult (other than an offense that constitutes a viola7 tion of a valid court order or a violation of section

8 922(x) of title 18, United States Code (or similar

9 State law)).

10 (c) GRANT AUTHORIZATION.—The Attorney General

11 may make grants in accordance with this section to States,

12 State courts, local courts, units of local government, and

13 Indian tribes, for the purposes of—

14 (1) providing juvenile courts with a range of

15 sentencing options such that first time juvenile of16 fenders, including status offenders such as truants,

17 vandals, and juveniles in violation of State or local

18 curfew laws, face at least some level of punishment

19 as a result of their initial contact with the juvenile

20 justice system; and

21 (2) increasing the sentencing options available

22 to juvenile court judges so that juvenile offenders re23 ceive increasingly severe sanctions—

24 (A) as the seriousness of their unlawful

25 conduct increases; and
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1 (B) for each additional offense.

2 (d) APPLICATIONS.—

3 (1) ELIGIBILITY.—In order to be eligible to re4 ceive a grant under this section, the chief executive

5 of a State, unit of local government, or Indian tribe,

6 or the chief judge of a local court, shall submit an

7 application to the Attorney General in such form

8 and containing such information as the Attorney

9 General may reasonably require.

10 (2) REQUIREMENTS.—Each application submit11 ted in accordance with paragraph (1) shall include—

12 (A) a request for a grant to be used for

13 the purposes described in this section;

14 (B) a description of the communities to be

15 served by the grant, including the extent of

16 youth crime and violence in those communities;

17 (C) written assurances that Federal funds

18 received under this subtitle will be used to sup19 plement, not supplant, non-Federal funds that

20 would otherwise be available for activities fund21 ed under this subsection;

22 (D) a comprehensive plan described in

23 paragraph (3) (in this section referred to as the

24 ‘‘comprehensive plan’’); and
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1 (E) any additional information in such

2 form and containing such information as the

3 Attorney General may reasonably require.

4 (3) IMPLEMENTATION PLAN.—For purposes of

5 paragraph (2), a comprehensive plan shall include—

6 (A) an action plan outlining the manner in

7 which the applicant will achieve the purposes

8 described in subsection (c)(1);

9 (B) a description of any resources available

10 in the jurisdiction of the applicant to implement

11 the action plan described in subparagraph (A);

12 (C) an estimate of the costs of full imple13 mentation of the plan; and

14 (D) a plan for evaluating the impact of the

15 grant on the jurisdiction’s juvenile justice sys16 tem.

17 (e) GRANT AWARDS.—

18 (1) CONSIDERATIONS.—In awarding grants

19 under this section, the Attorney General shall

20 consider—

21 (A) the ability of the applicant to provide

22 the stated services;

23 (B) the level of youth crime, violence, and

24 drug use in the community; and
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1 (C) to the extent practicable, achievement

2 of an equitable geographic distribution of the

3 grant awards.

4 (2) ALLOCATIONS.—

5 (A) IN GENERAL.—The Attorney General

6 shall allot not less than 0.75 percent of the

7 total amount made available to carry out this

8 section in each fiscal year to applicants in each

9 State from which applicants have applied for

10 grants under this section.

11 (B) INDIAN TRIBES.—The Attorney Gen12 eral shall allocate not less than 0.75 percent of

13 the total amount made available to carry out

14 this section in each fiscal year to Indian tribes.

15 (f) USE OF GRANT AMOUNTS.—

16 (1) IN GENERAL.—Each grant made under this

17 section shall be used to establish programs that—

18 (A) expand the number of judges, prosecu19 tors, and public defenders for the purpose of

20 imposing sanctions on first time juvenile offend21 ers and status offenders and for establishing re22 storative justice boards involving members of

23 the community;

24 (B) provide expanded sentencing options,

25 such as restitution, community service, drug
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1 testing and treatment, mandatory job training,

2 curfews, house arrest, mandatory work projects,

3 and boot camps, for status offenders and non4 violent offenders;

5 (C) increase staffing for probation officers

6 to supervise status offenders and nonviolent of7 fenders to ensure that sanctions are enforced;

8 (D) provide aftercare and supervision for

9 status and nonviolent offenders, such as drug

10 education and drug treatment, vocational train11 ing, job placement, and family counseling;

12 (E) encourage private sector employees to

13 provide training and work opportunities for sta14 tus offenders and nonviolent offenders; and

15 (F) provide services and interventions for

16 status and nonviolent offenders designed, in

17 tandem with criminal sanctions, to reduce the

18 likelihood of further criminal behavior.

19 (2) PROHIBITION ON USE OF AMOUNTS.—

20 (A) DEFINITIONS.—In this paragraph:

21 (i) ALIEN.—The term ‘‘alien’’ has the

22 same meaning as in section 101(a) of the

23 Immigration and Nationality Act (8 U.S.C.

24 1101(a)).
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1 (ii) SECURE DETENTION FACILITY;

2 SECURE CORRECTIONAL FACILITY.—The

3 terms ‘‘secure detention facility’’ and ‘‘se4 cure correctional facility’’ have the same

5 meanings as in section 103 of the Juvenile

6 Justice and Delinquency Prevention Act of

7 1974 (42 U.S.C. 5603).

8 (B) PROHIBITION.—No amounts made

9 available under this subtitle may be used for

10 any program that permits the placement of sta11 tus offenders, alien juveniles in custody, or non12 offender juveniles (such as dependent, abused,

13 or neglected children) in secure detention facili14 ties or secure correctional facilities.

15 (g) GRANT LIMITATIONS.—Not more than 3 percent

16 of the amounts made available to the Attorney General

17 or a grant recipient under this section may be used for

18 administrative purposes.

19 (h) FEDERAL SHARE.—

20 (1) IN GENERAL.—Subject to paragraphs (2)

21 and (3), the Federal share of a grant made under

22 this section may not exceed 90 percent of the total

23 estimated costs of the program described in the com24 prehensive plan submitted under subsection (d)(3)
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1 for the fiscal year for which the program receives

2 assistance under this section.

3 (2) WAIVER.—The Attorney General may

4 waive, in whole or in part, the requirements of para5 graph (1).

6 (3) IN-KIND CONTRIBUTIONS.—For purposes of

7 paragraph (1), in-kind contributions may constitute

8 any portion of the non-Federal share of a grant

9 under this section.

10 (i) REPORT AND EVALUATION.—

11 (1) REPORT TO THE ATTORNEY GENERAL.—

12 Not later than October 1, 1999, and October 1 of

13 each year thereafter, each grant recipient under this

14 section shall submit to the Attorney General a report

15 that describes, for the year to which the report re16 lates, any progress achieved in carrying out the com17 prehensive plan of the grant recipient.

18 (2) EVALUATION AND REPORT TO CONGRESS.—

19 Not later than March 1, 2000, and March 1 of each

20 year thereafter, the Attorney General shall submit to

21 Congress an evaluation and report that contains a

22 detailed statement regarding grant awards, activities

23 of grant recipients, a compilation of statistical infor24 mation submitted by grant recipients under this sec-
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1 tion, and an evaluation of programs established by

2 grant recipients under this section.

3 (3) CRITERIA.—In assessing the effectiveness of

4 the programs established and operated by grant re5 cipients pursuant to this section, the Attorney Gen6 eral shall consider—

7 (A) a comparison between the number of

8 first time offenders who received a sanction for

9 criminal behavior in the jurisdiction of the

10 grant recipient before and after initiation of the

11 program;

12 (B) changes in the recidivism rate for first

13 time offenders in the jurisdiction of the grant

14 recipient;

15 (C) a comparison of the recidivism rates

16 and the seriousness of future offenses of first

17 time offenders in the jurisdiction of the grant

18 recipient that receive a sanction and those who

19 do not;

20 (D) changes in truancy rates of the public

21 schools in the jurisdiction of the grant recipient;

22 and

23 (E) changes in the arrest rates for vandal24 ism and other property crimes in the jurisdic25 tion of the grant recipient.
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1 (4) DOCUMENTS AND INFORMATION.—Each

2 grant recipient under this section shall provide the

3 Attorney General with all documents and informa4 tion that the Attorney General determines to be nec5 essary to conduct an evaluation of the effectiveness

6 of programs funded under this section.

7 (j) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to carry out this section

9 from the Violent Crime Reduction Trust Fund—

10 (1) such sums as may be necessary for each of

11 fiscal years 2000 and 2001; and

12 (2) $175,000,000 for each of fiscal years 2002

13 and 2003.

14 SEC. 1303. PILOT PROGRAM TO PROMOTE REPLICATION OF

15 RECENT SUCCESSFUL JUVENILE CRIME RE16 DUCTION STRATEGIES.

17 (a) PILOT PROGRAM TO PROMOTE REPLICATION OF

18 RECENT SUCCESSFUL JUVENILE CRIME REDUCTION

19 STRATEGIES.—

20 (1) ESTABLISHMENT.—The Attorney General

21 (or a designee of the Attorney General), in conjunc22 tion with the Secretary of the Treasury (or the des23 ignee of the Secretary), shall establish a pilot pro24 gram (in this section referred to as the ‘‘program’’)

25 to encourage and support communities that adopt a
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1 comprehensive approach to suppressing and prevent2 ing violent juvenile crime patterned after successful

3 State juvenile crime reduction strategies.

4 (2) PROGRAM.—In carrying out the program,

5 the Attorney General shall—

6 (A) make and track grants to grant recipi7 ents (in this section referred to as ‘‘coalitions’’);

8 (B) in conjunction with the Secretary of

9 the Treasury, provide for technical assistance

10 and training, data collection, and dissemination

11 of relevant information; and

12 (C) provide for the general administration

13 of the program.

14 (3) ADMINISTRATION.—Not later than 30 days

15 after the date of enactment of this Act, the Attorney

16 General shall appoint an Administrator (in this sec17 tion referred to as the ‘‘Administrator’’) to carry out

18 the program.

19 (4) PROGRAM AUTHORIZATION.—To be eligible

20 to receive an initial grant or a renewal grant under

21 this section, a coalition shall meet each of the follow22 ing criteria:

23 (A) COMPOSITION.—The coalition shall

24 consist of 1 or more representatives of—
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1 (i) the local police department or sher2 iff’s department;

3 (ii) the local prosecutors’ office;

4 (iii) the United States Attorney’s of5 fice;

6 (iv) the Federal Bureau of Investiga7 tion;

8 (v) the Bureau of Alcohol, Tobacco

9 and Firearms;

10 (vi) State or local probation officers;

11 (vii) religious affiliated or fraternal

12 organizations involved in crime prevention;

13 (viii) schools;

14 (ix) parents or local grass roots orga15 nizations such as neighborhood watch

16 groups; and

17 (x) social service agencies involved in

18 crime prevention.

19 (B) OTHER PARTICIPANTS.—If possible, in

20 addition to the representatives from the cat21 egories listed in subparagraph (A), the coalition

22 shall include—

23 (i) representatives from the business

24 community; and
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1 (ii) researchers who have studied

2 criminal justice and can offer technical or

3 other assistance.

4 (C) COORDINATED STRATEGY.—A coalition

5 shall submit to the Attorney General, or the At6 torney General’s designee, a comprehensive plan

7 for reducing violent juvenile crime. To be eligi8 ble for consideration, a plan shall—

9 (i) ensure close collaboration among

10 all members of the coalition in suppressing

11 and preventing juvenile crime;

12 (ii) place heavy emphasis on coordi13 nated enforcement initiatives, such as Fed14 eral and State programs that coordinate

15 local police departments, prosecutors, and

16 local community leaders to focus on the

17 suppression of violent juvenile crime involv18 ing gangs;

19 (iii) ensure that there is close collabo20 ration between police and probation offi21 cers in the supervision of juvenile offend22 ers, such as initiatives that coordinate the

23 efforts of parents, school officials, and po24 lice and probation officers to patrol the

25 streets and make home visits to ensure
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1 that offenders comply with the terms of

2 their probation;

3 (iv) ensure that a program is in place

4 to trace all firearms seized from crime

5 scenes or offenders in an effort to identify

6 illegal gun traffickers; and

7 (v) ensure that effective crime preven8 tion programs are in place, such as pro9 grams that provide after-school safe havens

10 and other opportunities for at-risk youth to

11 escape or avoid gang or other criminal ac12 tivity, and to reduce recidivism.

13 (D) ACCOUNTABILITY.—A coalition shall—

14 (i) establish a system to measure and

15 report outcomes consistent with common

16 indicators and evaluation protocols estab17 lished by the Administrator and which re18 ceives the approval of the Administrator;

19 and

20 (ii) devise a detailed model for meas21 uring and evaluating the success of the

22 plan of the coalition in reducing violent ju23 venile crime, and provide assurances that

24 the plan will be evaluated on a regular
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1 basis to assess progress in reducing violent

2 juvenile crime.

3 (5) GRANT AMOUNTS.—

4 (A) IN GENERAL.—The Administrator may

5 grant to an eligible coalition under this para6 graph, an amount not to exceed the amount of

7 non-Federal funds raised by the coalition, in8 cluding in-kind contributions, for that fiscal

9 year.

10 (B) NONSUPPLANTING REQUIREMENT.—A

11 coalition seeking funds shall provide reasonable

12 assurances that funds made available under this

13 program to States or units of local government

14 shall be so used as to supplement and increase

15 (but not supplant) the level of the State, local,

16 and other non-Federal funds that would in the

17 absence of such Federal funds be made avail18 able for programs described in this section, and

19 shall in no event replace such State, local, or

20 other non-Federal funds.

21 (C) SUSPENSION OF GRANTS.—If a coali22 tion fails to continue to meet the criteria set

23 forth in this section, the Administrator may

24 suspend the grant, after providing written no-
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1 tice to the grant recipient and an opportunity

2 to appeal.

3 (D) RENEWAL GRANTS.—Subject to sub4 paragraph (D), the Administrator may award a

5 renewal grant to grant recipient under this sub6 paragraph for each fiscal year following the fis7 cal year for which an initial grant is awarded,

8 in an amount not to exceed the amount of non9 Federal funds raised by the coalition, including

10 in-kind contributions, for that fiscal year, dur11 ing the 4-year period following the period of the

12 initial grant.

13 (E) LIMITATION.—The amount of a grant

14 award under this section may not exceed

15 $300,000 for a fiscal year.

16 (6) PERMITTED USE OF FUNDS.—A coalition

17 receiving funds under this section may expend such

18 Federal funds on any use or program that is con19 tained in the plan submitted to the Administrator.

20 (7) CONGRESSIONAL CONSULTATION.—Two

21 years after the date of implementation of the pro22 gram established in this section, the General Ac23 counting Office shall submit a report to Congress re24 viewing the effectiveness of the program in suppress25 ing and reducing violent juvenile crime in the par-
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1 ticipating communities. The report shall contain an

2 analysis of each community participating in the pro3 gram, along with information regarding the plan un4 dertaken in the community, and the effectiveness of

5 the plan in reducing violent juvenile crime. The re6 port shall contain recommendations regarding the ef7 ficacy of continuing the program.

8 (b) INFORMATION COLLECTION AND DISSEMINATION

9 WITH RESPECT TO COALITIONS.—

10 (1) COALITION INFORMATION.—For the pur11 pose of audit and examination, the Administrator—

12 (A) shall have access to any books, docu13 ments, papers, and records that are pertinent to

14 any grant or grant renewal request under this

15 section; and

16 (B) may periodically request information

17 from a coalition to ensure that the coalition

18 meets the applicable criteria.

19 (2) REPORTING.—The Administrator shall, to

20 the maximum extent practicable and in a manner

21 consistent with applicable law, minimize reporting

22 requirements by a coalition and expedite any appli23 cation for a renewal grant made under this section.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated from the Violent Crime
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1 Reduction Trust Fund to carry out this section,

2 $3,000,000 in each of fiscal years 2000, 2001, and 2002.

3 SEC. 1304. REIMBURSEMENT OF STATES FOR COSTS OF IN4 CARCERATING JUVENILE ALIEN OFFENDERS.

5 (a) IN GENERAL.—Section 501 of the Immigration

6 Reform and Control Act of 1986 (8 U.S.C. 1365) is

7 amended—

8 (1) in subsection (a), by inserting ‘‘or illegal ju9 venile alien who has been adjudicated delinquent and

10 committed to a juvenile correctional facility by such

11 State or locality’’ before the period;

12 (2) in subsection (b), by inserting ‘‘(including

13 any juvenile alien who has been adjudicated delin14 quent and has been committed to a correctional fa15 cility)’’ before ‘‘who is in the United States unlaw16 fully’’; and

17 (3) by adding at the end the following:

18 ‘‘(f) JUVENILE ALIEN DEFINED.—In this section,

19 the term ‘juvenile alien’ means an alien (as that term is

20 defined in section 101(a)(3) of the Immigration and Na21 tionality Act (8 U.S.C. 1103)) who has been adjudicated

22 delinquent and committed to a correctional facility by a

23 State or locality as a juvenile offender.’’.
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1 (b) ANNUAL REPORT.—Section 332 of the Illegal Im2 migration Reform and Immigrant Responsibility Act of

3 1996 (8 U.S.C. 1366) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (3);

6 (2) by striking the period at the end of para7 graph (4) and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(5) the number of illegal juvenile aliens that

10 are committed to State or local juvenile correctional

11 facilities, including the type of offense committed by

12 each juvenile.’’.

13 (c) CONFORMING AMENDMENT.—Section

14 241(i)(3)(B) of the Immigration and Nationality Act (8

15 U.S.C. 1231(i)(3)(B)) is amended—

16 (1) by striking ‘‘or’’ at the end of clause (ii);

17 (2) by striking the period at the end of clause

18 (iii) and inserting ‘‘; or’’; and

19 (3) by adding at the end the following:

20 ‘‘(iv) is a juvenile alien with respect to

21 whom section 501 of the Immigration Re22 form and Control Act of 1986 applies.’’.
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1 Subtitle D—Protecting Children

2 From Violence

3 PART 1—GUN OFFENSES

4 SEC. 1411. GUN BAN FOR DANGEROUS JUVENILE OFFEND5 ERS.

6 (a) DEFINITION.—Section 921(a)(20) of title 18,

7 United States Code, is amended—

8 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

9 (2) by redesignating subparagraphs (A) and

10 (B) as clauses (i) and (ii), respectively;

11 (3) by inserting after subparagraph (A) the fol12 lowing:

13 ‘‘(B) For purposes of subsections (d), (g),

14 and (s) of section 922, the term ‘act of juvenile

15 delinquency’ means an adjudication of delin16 quency based on a finding of the commission of

17 an act by a person prior to his or her eight18 eenth birthday that, if committed by an adult,

19 would be a serious drug offense or violent fel20 ony (as defined in section 3559(c)(2) of this

21 title), on or after the date of enactment of this

22 paragraph.’’; and

23 (4) by striking ‘‘What constitutes’’ through the

24 end and inserting the following: ‘‘What constitutes a

25 conviction of such a crime or an adjudication of ju-
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1 venile delinquency shall be determined in accordance

2 with law of the jurisdiction in which the proceedings

3 were held. Any State conviction or adjudication of

4 delinquency which has been expunged or set aside

5 for which a person has been pardoned or has had

6 civil rights restored by the jurisdiction in which the

7 conviction or adjudication of delinquency occurred

8 shall not be considered a conviction or adjudication

9 of delinquency.

10 (b) PROHIBITION.—Section 922 of title 18, United

11 States Code is amended—

12 (1) in subsection (d)—

13 (A) by striking ‘‘or’’ at the end of para14 graph (8);

15 (B) by striking the period at the end of

16 paragraph (9) and inserting ‘‘; or’’; and

17 (C) by inserting after paragraph (9) the

18 following:

19 ‘‘(10) who has committed an act of juvenile de20 linquency.’’;

21 (2) in subsection (g)—

22 (A) by striking ‘‘or’’ at the end of para23 graph (8);

24 (B) by striking the period at the end of

25 paragraph (9) and inserting ‘‘; or’’; and
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1 (C) by inserting after paragraph (9) the

2 following:

3 ‘‘(10) who has committed an act of juvenile de4 linquency.’’; and

5 (3) in subsection (s)(3)(B)—

6 (A) by striking ‘‘and’’ at the end of clause

7 (vi);

8 (B) by inserting ‘‘and’’ after the semicolon

9 at the end of clause (vii); and

10 (C) by inserting after clause (vii) the fol11 lowing:

12 ‘‘(viii) has not committed an act of ju13 venile delinquency.’’.

14 SEC. 1412. IMPROVING FIREARMS SAFETY.

15 (a) SECURE GUN STORAGE DEVICE.—Section 921(a)

16 of title 18, United States Code, is amended by adding at

17 the end the following:

18 ‘‘(35) SECURE GUN STORAGE OR SAFETY DE19 VICE.—The term ‘secure gun storage or safety de20 vice’ means—

21 ‘‘(A) a device that, when installed on a

22 firearm, is designed to prevent the firearm from

23 being operated without first deactivating the de24 vice;
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1 ‘‘(B) a device incorporated into the design

2 of the firearm that is designed to prevent the

3 operation of the firearm by anyone not having

4 access to the device; or

5 ‘‘(C) a safe, gun safe, gun case, lock box,

6 or other device that is designed to be or can be

7 used to store a firearm and that is designed to

8 be unlocked only by means of a key, a combina9 tion, or other similar means.’’.

10 (b) CERTIFICATION REQUIRED IN APPLICATION FOR

11 DEALER’S LICENSE.—Section 923(d)(1) of title 18,

12 United States Code, is amended—

13 (1) in subparagraph (E), by striking ‘‘and’’ at

14 the end;

15 (2) in subparagraph (F), by striking the period

16 at the end and inserting ‘‘; and’’; and

17 (3) by adding at the end the following:

18 ‘‘(G) in the case of an application to be li19 censed as a dealer, the applicant certifies that

20 secure gun storage or safety devices will be

21 available at any place in which firearms are

22 sold under the license to persons who are not

23 licensees (subject to the exception that in any

24 case in which a secure gun storage or safety de25 vice is temporarily unavailable because of theft,
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1 casualty loss, consumer sales, backorders from

2 a manufacturer, or any other similar reason be3 yond the control of the licensee, the dealer shall

4 not be considered to be in violation of the re5 quirement under this subparagraph to make

6 available such a device).’’.

7 (c) REVOCATION OF DEALER’S LICENSE FOR FAIL8 URE TO HAVE SECURE GUN STORAGE OR SAFETY DE9 VICES AVAILABLE.—The first sentence of section 923(e)

10 of title 18, United States Code, is amended by inserting

11 before the period at the end the following: ‘‘or fails to have

12 secure gun storage or safety devices available at any place

13 in which firearms are sold under the license to persons

14 who are not licensees (except that in any case in which

15 a secure gun storage or safety device is temporarily un16 available because of theft, casualty loss, consumer sales,

17 backorders from a manufacturer, or any other similar rea18 son beyond the control of the licensee, the dealer shall not

19 be considered to be in violation of the requirement to make

20 available such a device)’’.

21 (d) STATUTORY CONSTRUCTION.—Nothing in the

22 amendments made by this section shall be construed—

23 (1) as creating a cause of action against any

24 firearms dealer or any other person for any civil li25 ability; or
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1 (2) as establishing any standard of care.

2 SEC. 1413. ENHANCED PENALTIES FOR DISCHARGING OR

3 POSSESSING A FIREARM DURING A CRIME OF

4 VIOLENCE OR DRUG TRAFFICKING CRIME.

5 (a) IN GENERAL.—Section 924(c) of title 18, United

6 States Code, is amended—

7 (1) by striking ‘‘(c)’’ and all that follows

8 through ‘‘(2)’’ and inserting the following:

9 ‘‘(c) POSSESSION OF FIREARM DURING COMMISSION

10 OF CRIME OF VIOLENCE OR DRUG TRAFFICKING

11 CRIME.—

12 ‘‘(1) TERM OF IMPRISONMENT.—

13 ‘‘(A) IN GENERAL.—Except to the extent

14 that a greater minimum sentence is otherwise

15 provided by this subsection or by any other pro16 vision of law, any person who, during and in re17 lation to any crime of violence or drug traffick18 ing crime (including a crime of violence or drug

19 trafficking crime that provides for an enhanced

20 punishment if committed by the use of a deadly

21 or dangerous weapon or device) for which a per22 son may be prosecuted in a court of the United

23 States, uses or carries a firearm, or who, in fur24 therance of any such crime, possesses a firearm,

25 shall, in addition to the punishment provided
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1 for such crime of violence or drug trafficking

2 crime—

3 ‘‘(i) be sentenced to a term of impris4 onment of not less than 5 years; and

5 ‘‘(ii) if the firearm is discharged, be

6 sentenced to a term of imprisonment of

7 not less than 10 years.

8 ‘‘(B) EXCEPTION FOR CERTAIN OF9 FENSES.—If the firearm possessed by a person

10 convicted of a violation of this subsection—

11 ‘‘(i) is a short-barreled rifle, short12 barreled shotgun, or semiautomatic assault

13 weapon, the person shall be sentenced to a

14 term of imprisonment of not less than 10

15 years; and

16 ‘‘(ii) is a machinegun or a destructive

17 device, or is equipped with a firearm si18 lencer or firearm muffler, the person shall

19 be sentenced to a term of imprisonment of

20 not less than 30 years.

21 ‘‘(C) EXCEPTION FOR CERTAIN OFFEND22 ERS.—In the case of a second or subsequent

23 conviction under this subsection, a person

24 shall—
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1 ‘‘(i) be sentenced to a term of impris2 onment of not less than 25 years; and

3 ‘‘(ii) if the firearm at issue is a ma4 chinegun or a destructive device, or is

5 equipped with a firearm silencer or firearm

6 muffler, be sentenced to a term of impris7 onment for life.

8 ‘‘(D) PROBATION AND CONCURRENT SEN9 TENCES.—Notwithstanding any other provision

10 of law—

11 ‘‘(i) a court shall not place on proba12 tion any person convicted of a violation of

13 this subsection; and

14 ‘‘(ii) no term of imprisonment im15 posed on a person under this subsection

16 shall run concurrently with any other term

17 of imprisonment imposed on the person,

18 including any term of imprisonment im19 posed for the crime of violence or drug

20 trafficking crime during which the firearm

21 was used, carried, or possessed.

22 ‘‘(2) DEFINITION OF ‘DRUG TRAFFICKING

23 CRIME’.—’’; and

24 (2) in paragraph (3)—
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1 (A) by striking ‘‘(3) For’’ and inserting

2 the following:

3 ‘‘(3) DEFINITION OF ‘CRIME OF VIOLENCE’.—

4 For’’; and

5 (B) by indenting subparagraphs (A) and

6 (B) appropriately.

7 (b) CONFORMING AMENDMENT.—Section

8 3559(c)(2)(F)(i) of title 18, United States Code, is

9 amended by inserting ‘‘firearms possession (as described

10 in section 924(c));’’ after ‘‘firearms use;’’.

11 SEC. 1414. JUVENILE HANDGUN SAFETY.

12 (a) JUVENILE HANDGUN SAFETY.—Section

13 924(a)(6) of title 18, United States Code, is amended—

14 (1) by striking subparagraph (A);

15 (2) by redesignating subparagraph (B) as sub16 paragraph (A); and

17 (3) in subparagraph (A), as redesignated—

18 (A) by striking ‘‘A person other than a ju19 venile who knowingly’’ and inserting ‘‘A person

20 who knowingly’’; and

21 (B) in clause (i), by striking ‘‘not more

22 than 1 year’’ and inserting ‘‘not more than 5

23 years’’.
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1 SEC. 1415. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

2 CAREER CRIMINAL PREDICATES.

3 Section 924(e)(2)(A) of title 18, United States Code,

4 is amended—

5 (1) in clause (i), by striking ‘‘or’’ at the end;

6 (2) in clause (ii), by adding ‘‘or’’ at the end;

7 and

8 (3) by adding at the end the following:

9 ‘‘(iii) any act of juvenile delinquency that,

10 if committed by an adult, would be an offense

11 described in this paragraph;’’.

12 SEC. 1416. INCREASED PENALTY FOR TRANSFERRING A

13 FIREARM TO A MINOR FOR USE IN CRIME OF

14 VIOLENCE OR DRUG TRAFFICKING CRIME.

15 Section 924(h) of title 18, United States Code, is

16 amended by striking ‘‘10 years, fined in accordance with

17 this title, or both’’ and inserting ‘‘10 years, and if the

18 transferee is a person who is under 18 years of age, im19 prisoned for a term of not more than 15 years, fined in

20 accordance with this title, or both’’.

21 SEC. 1417. INCREASED PENALTY FOR FIREARMS CONSPIR22 ACY.

23 Section 924 of title 18, United States Code, is

24 amended by adding at the end the following:

25 ‘‘(p) Except as otherwise provided in this section, a

26 person who conspires to commit an offense defined in this
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1 chapter shall be subject to the same penalties (other than

2 the penalty of death) as those prescribed for the offense

3 the commission of which is the object of the conspiracy.’’.

4 PART 2—LOCAL GUN VIOLENCE PREVENTION

5 PROGRAMS

6 SEC. 1421. COMPETITIVE GRANTS FOR CHILDREN’S FIRE7 ARM SAFETY EDUCATION.

8 (a) PURPOSES.—The purposes of this section are—

9 (1) to award grants to assist local educational

10 agencies, in consultation with community groups and

11 law enforcement agencies, to educate children about

12 preventing gun violence; and

13 (2) to assist communities in developing partner14 ships between public schools, community organiza15 tions, law enforcement, and parents in educating

16 children about preventing gun violence.

17 (b) DEFINITIONS.—In this section:

18 (1) LOCAL EDUCATIONAL AGENCY.—The term

19 ‘‘local educational agency’’ has the same meaning

20 given such term in section 14101(18) of the Elemen21 tary and Secondary Education Act of 1965 (20

22 U.S.C. 8701).

23 (2) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of Education.
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1 (3) STATE.—The term ‘‘State’’ means each of

2 the 50 States, the District of Columbia, the Com3 monwealth of Puerto Rico, Guam, American Samoa,

4 the Commonwealth of the Northern Mariana Is5 lands, and the United States Virgin Islands.

6 (c) ALLOCATION OF COMPETITIVE GRANTS.—

7 (1) GRANTS BY THE SECRETARY.—For any fis8 cal year in which the amount appropriated to carry

9 out this section does not equal or exceed

10 $50,000,000, the Secretary of Education may award

11 competitive grants described under subsection (d).

12 (2) GRANTS BY THE STATES.—For any fiscal

13 year in which the amount appropriated to carry out

14 this section exceeds $50,000,000, the Secretary shall

15 make allotments to State educational agencies pur16 suant to paragraph (3) to award competitive grants

17 described in subsection (d).

18 (3) FORMULA.—Except as provided in para19 graph (4), funds appropriated to carry out this sec20 tion shall be allocated among the States as follows:

21 (A) 75 percent of such amount shall be al22 located proportionately based upon the popu23 lation that is less than 18 years of age in the

24 State.
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1 (B) 25 percent of such amount shall be al2 located proportionately based upon the popu3 lation that is less than 18 years of age in the

4 State that is incarcerated.

5 (4) MINIMUM ALLOTMENT.—Of the amounts

6 appropriated to carry out this section, 0.50 percent

7 shall be allocated to each State.

8 (d) AUTHORIZATION OF COMPETITIVE GRANTS.—

9 The Secretary or the State educational agency, as the case

10 may be, may award grants to eligible local educational

11 agencies for the purposes of educating children about pre12 venting gun violence, in accordance with the following:

13 (1) ASSURANCES.—

14 (A) The Secretary or the State educational

15 agency, as the case may be, shall ensure that

16 not less than 90 percent of the funds allotted

17 under this section are distributed to local edu18 cational agencies.

19 (B) In awarding the grants, the Secretary

20 or the State educational agency, as the case

21 may be, shall ensure, to the maximum extent

22 practicable—

23 (i) an equitable geographic distribu24 tion of grant awards;
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1 (ii) an equitable distribution of grant

2 awards among programs that serve public

3 elementary school students, public second4 ary school students, and a combination of

5 both; and

6 (iii) that urban, rural and suburban

7 areas are represented within the grants

8 that are awarded.

9 (2) PRIORITY.—In awarding grants under this

10 section, the Secretary or the State educational agen11 cy, as the case may be, shall give priority to a local

12 educational agency that—

13 (A) coordinates with other Federal, State,

14 and local programs that educate children about

15 personal health, safety, and responsibility, in16 cluding programs carried out under the Safe

17 and Drug-Free Schools and Communities Act

18 of 1994 (20 U.S.C. 7101 et seq.);

19 (B) serves a population with a high inci20 dence of students found in possession of a

21 weapon on school property or students sus22 pended or expelled for bringing a weapon onto

23 school grounds or engaging in violent behavior

24 on school grounds; and
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1 (C) forms a partnership that includes not

2 less than 1 local educational agency working in

3 consultation with not less than 1 public or pri4 vate nonprofit agency or organization with ex5 perience in violence prevention or 1 local law

6 enforcement agency.

7 (3) PEER REVIEW; CONSULTATION.—

8 (A) IN GENERAL.—

9 (i) PEER REVIEW BY PANEL.—Before

10 grants are awarded, the Secretary shall

11 submit grant applications to a peer review

12 panel for evaluation.

13 (ii) COMPOSITION OF PANEL.—The

14 panel shall be composed of not less than 1

15 representative from a local educational

16 agency, State educational agency, a local

17 law enforcement agency, and a public or

18 private nonprofit organization with experi19 ence in violence prevention.

20 (B) CONSULTATION.—The Secretary shall

21 submit grant applications to the Attorney Gen22 eral for consultation.

23 (e) ELIGIBLE GRANT RECIPIENTS.—

24 (1) IN GENERAL.—Except as provided in para25 graph (2), an eligible grant recipient is a local edu-
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1 cational agency that may work in partnership with

2 1 or more of the following:

3 (A) A public or private nonprofit agency or

4 organization with experience in violence preven5 tion.

6 (B) A local law enforcement agency.

7 (C) An institution of higher education.

8 (2) EXCEPTION.—A State educational agency

9 may, with the approval of a local educational agency,

10 submit an application on behalf of such local edu11 cational agency or a consortium of such agencies.

12 (f) LOCAL APPLICATIONS; REPORTS.—

13 (1) APPLICATIONS.—Each local educational

14 agency that wishes to receive a grant under this sec15 tion shall submit an application to the Secretary and

16 the State educational agency that includes—

17 (A) a description of the proposed activities

18 to be funded by the grant and how each activity

19 will further the goal of educating children about

20 preventing gun violence;

21 (B) how the program will be coordinated

22 with other programs that educate children

23 about personal health, safety, and responsibil24 ity, including programs carried out under the
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1 Safe and Drug-Free Schools and Communities

2 Act of 1994 (20 U.S.C. 7101 et seq.); and

3 (C) the age and number of children that

4 the programs will serve.

5 (2) REPORTS.—Each local educational agency

6 that receives a grant under this section shall submit

7 a report to the Secretary and to the State edu8 cational agency not later than 18 months after the

9 grant is awarded and submit an additional report to

10 the Secretary and to the State not later than 36

11 months after the grant is awarded. Each report shall

12 include information regarding—

13 (A) the activities conducted to educate

14 children about gun violence;

15 (B) how the program will continue to edu16 cate children about gun violence in the future;

17 and

18 (C) how the grant is being coordinated

19 with other Federal, State, and local programs

20 that educate children about personal health,

21 safety, and responsibility, including programs

22 carried out under the Safe and Drug-Free

23 Schools and Communities Act of 1994 (20

24 U.S.C. 7101 et seq.).

25 (g) AUTHORIZED ACTIVITIES.—
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1 (1) REQUIRED ACTIVITIES.—Grants authorized

2 under subsection (d) shall be used for the following

3 activities:

4 (A) Supporting existing programs that

5 educate children about personal health, safety,

6 and responsibility, including programs carried

7 out under the Safe and Drug-Free Schools and

8 Communities Act of 1994 (20 U.S.C. 7101 et

9 seq.).

10 (B) Educating children about the effects of

11 gun violence.

12 (C) Educating children to identify dan13 gerous situations in which guns are involved

14 and how to avoid and prevent such situations.

15 (D) Educating children how to identify

16 threats and other indications that their peers

17 are in possession of a gun and may use a gun,

18 and what steps they can take in such situations.

19 (E) Developing programs to give children

20 access to adults to whom they can report, in a

21 confidential manner, any problems relating to

22 guns.

23 (2) PERMISSIBLE ACTIVITIES.—Grants author24 ized under subsection (d) may be used for the fol25 lowing:
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1 (A) Encouraging schoolwide programs and

2 partnerships that involve teachers, students,

3 parents, administrators, other staff, and mem4 bers of the community in reducing gun inci5 dents in public elementary and secondary

6 schools.

7 (B) Establishing programs that assist par8 ents in helping educate their children about

9 firearm safety and the prevention of gun vio10 lence.

11 (C) Providing ongoing professional devel12 opment for public school staff and administra13 tors to identify the causes and effects of gun vi14 olence and risk factors and student behavior

15 that may result in gun violence, including train16 ing sessions to review and update school crisis

17 response plans and school policies for prevent18 ing the presence of guns on school grounds and

19 facilities.

20 (D) Providing technical assistance for

21 school psychologists and counselors to provide

22 timely counseling and evaluations, in accord23 ance with State and local laws, of students who

24 possess a weapon on school grounds.
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1 (E) Improving security on public elemen2 tary and secondary school campuses to prevent

3 outside persons from entering school grounds

4 with firearms.

5 (F) Assisting public schools and commu6 nities in developing crisis response plans when

7 firearms are found on school campuses and

8 when gun-related incidents occur.

9 (h) STATE APPLICATIONS; ACTIVITIES AND RE10 PORTS.—

11 (1) STATE APPLICATIONS.—

12 (A) Each State desiring to receive funds

13 under this section shall, through its State edu14 cational agency, submit an application to the

15 Secretary of Education at such time and in

16 such manner as the Secretary shall require.

17 Such application shall describe—

18 (i) the manner in which funds under

19 this section for State activities and com20 petitive grants will be used to fulfill the

21 purposes of this section;

22 (ii) the manner in which the activities

23 and projects supported by this section will

24 be coordinated with other State and Fed25 eral education, law enforcement, and juve-
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1 nile justice programs, including the Safe

2 and Drug-Free Schools and Communities

3 Act of 1994 (20 U.S.C. 7101 et seq.);

4 (iii) the manner in which States will

5 ensure an equitable geographic distribution

6 of grant awards; and

7 (iv) the criteria which will be used to

8 determine the impact and effectiveness of

9 the funds used pursuant to this section.

10 (B) A State educational agency may sub11 mit an application to receive a grant under this

12 section under paragraph (1) or as an amend13 ment to the application the State educational

14 agency submits under the Safe and Drug-Free

15 Schools and Communities Act of 1994 (20

16 U.S.C. 7101 et seq.).

17 (2) STATE ACTIVITIES.—Of appropriated

18 amounts allocated to the States under subsection

19 (c)(2), the State educational agency may reserve not

20 more than 10 percent for activities to further the

21 goals of this section, including—

22 (A) providing technical assistance to eligi23 ble grant recipients in the State;

24 (B) performing ongoing research into the

25 causes of gun violence among children and
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1 methods to prevent gun violence among chil2 dren; and

3 (C) providing ongoing professional develop4 ment for public school staff and administrators

5 to identify the causes and indications of gun vi6 olence.

7 (3) STATE REPORTS.—Each State receiving an

8 allotment under this section shall submit a report to

9 the Secretary and to the Committees on Labor and

10 Human Resources and the Judiciary of the Senate

11 and the Committees on Education and the Work12 force and the Judiciary of the House of Representa13 tives, not later than 12 months after receipt of the

14 grant award and shall submit an additional report to

15 those committees not later than 36 months after re16 ceipt of the grant award. Each report shall include

17 information regarding—

18 (A) the progress of local educational agen19 cies that received a grant award under this sec20 tion in the State in educating children about

21 firearms;

22 (B) the progress of State activities under

23 paragraph (1) to advance the goals of this sec24 tion; and
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1 (C) how the State is coordinating funds al2 located under this section with other State and

3 Federal education, law enforcement, and juve4 nile justice programs, including the Safe and

5 Drug-Free Schools and Communities Act of

6 1994 (20 U.S.C. 7101 et seq.).

7 (i) SUPPLEMENT NOT SUPPLANT.—A State or local

8 educational agency shall use funds received under this sec9 tion only to supplement the amount of funds that would,

10 in the absence of such Federal funds, be made available

11 from non-Federal sources for reducing gun violence among

12 children and educating children about firearms, and not

13 to supplant such funds.

14 (j) DISPLACEMENT.—A local educational agency that

15 receives a grant award under this section shall ensure that

16 persons hired to carry out the activities under this section

17 do not displace persons already employed.

18 (k) HOME SCHOOLS.—Nothing in this section shall

19 be construed to affect home schools.

20 (l) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated for this section

22 $60,000,000 for each of fiscal years 2000, 2001, and

23 2002.
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1 SEC. 1422. DISSEMINATION OF BEST PRACTICES VIA THE

2 INTERNET.

3 (a) MODEL DISSEMINATION.—The Secretary of Edu4 cation shall include on the Internet site of the Department

5 of Education a description of programs that receive grants

6 under section 1421.

7 (b) GRANT PROGRAM NOTIFICATION.—The Sec8 retary shall publicize the competitive grant program

9 through its Internet site, publications, and public service

10 announcements.

11 SEC. 1423. AMENDMENT TO SAFE AND DRUG-FREE

12 SCHOOLS AND COMMUNITIES ACT OF 1994 TO

13 PROVIDE COUNSELING AFTER GUN-RELATED

14 VIOLENCE.

15 Section 4116(a)(1) of the Safe and Drug-Free

16 Schools and Communities Act of 1994 (20 U.S.C. 7116)

17 is amended—

18 (1) by redesignating subparagraph (C) as sub19 paragraph (D); and by inserting after subparagraph

20 (B) the following:

21 ‘‘(C) to the extent practicable, provide—

22 ‘‘(i) timely counseling (without requir23 ing the hiring of additional staff);

24 ‘‘(ii) evaluations of any student, in ac25 cordance with State and local law, who

26 possesses a weapon on school grounds or
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1 who threatens to bring or use a weapon on

2 school grounds; and

3 ‘‘(iii) advice to public school students,

4 staff, and administrators after an incident

5 of violence on school grounds;’’.

6 SEC. 1424. YOUTH CRIME GUN INTERDICTION INITIATIVE.

7 (a) IN GENERAL.—

8 (1) EXPANSION OF NUMBER OF CITIES.—The

9 Secretary of the Treasury shall endeavor to expand

10 the number of cities and counties directly participat11 ing in the Youth Crime Gun Interdiction Initiative

12 (in this section referred to as the ‘‘YCGII’’) to 75

13 cities or counties by October 1, 2000, to 150 cities

14 or counties by October 1, 2002, and to 250 cities or

15 counties by October 1, 2003.

16 (2) SELECTION.—Cities and counties selected

17 for participation in the YCGII shall be selected by

18 the Secretary of the Treasury and in consultation

19 with Federal, State and local law enforcement offi20 cials.

21 (b) IDENTIFICATION OF INDIVIDUALS.—

22 (1) IN GENERAL.—The Secretary of the Treas23 ury shall, utilizing the information provided by the

24 YCGII, facilitate the identification and prosecution
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1 of individuals illegally trafficking firearms to prohib2 ited individuals.

3 (2) SHARING OF INFORMATION.—The Secretary

4 of the Treasury shall share information derived from

5 the YCGII with State and local law enforcement

6 agencies through on-line computer access, as soon as

7 such capability is available.

8 (c) GRANT AWARDS.—

9 (1) IN GENERAL.—The Secretary of the Treas10 ury shall award grants (in the form of funds or

11 equipment) to States, cities, and counties for pur12 poses of assisting such entities in the tracing of fire13 arms and participation in the YCGII.

14 (2) USE OF GRANT FUNDS.—Grants made

15 under this part shall be used to—

16 (A) hire or assign additional personnel for

17 the gathering, submission and analysis of trac18 ing data submitted to the Bureau of Alcohol,

19 Tobacco and Firearms under the YCGII;

20 (B) hire additional law enforcement per21 sonnel for the purpose of identifying and arrest22 ing individuals illegally trafficking firearms; and

23 (C) purchase additional equipment, includ24 ing automatic data processing equipment and
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1 computer software and hardware, for the timely

2 submission and analysis of tracing data.

3 SEC. 1425. GRANT PRIORITY FOR TRACING OF GUNS USED

4 IN CRIMES BY JUVENILES.

5 Section 517 of the Omnibus Crime Control and Safe

6 Streets Act of 1968 (42 U.S.C. 3763) is amended by add7 ing at the end the following:

8 ‘‘(c) PRIORITY.—In awarding discretionary grants

9 under section 511 to public agencies to undertake law en10 forcement initiatives relating to gangs, or relating to juve11 niles who are involved or at risk of involvement in gangs,

12 the Director shall give priority to a public agency that in13 cludes in its application a description of strategies or pro14 grams of that public agency (either in effect or proposed)

15 that provide cooperation between Federal, State, and local

16 law enforcement authorities, through the use of firearms

17 and ballistics identification systems, to disrupt illegal sale

18 or transfer of firearms to or between juveniles through

19 tracing the sources of guns used in crime that were pro20 vided to juveniles.’’.

21 PART 3—JUVENILE GUN COURTS

22 SEC. 1431. DEFINITIONS.

23 In this part:
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1 (1) FIREARM.—The term ‘‘firearm’’ has the

2 same meaning as in section 921 of title 18, United

3 States Code.

4 (2) FIREARM OFFENDER.—The term ‘‘firearm

5 offender’’ means any individual charged with an of6 fense involving the illegal possession, use, transfer,

7 or threatened use of a firearm.

8 (3) JUVENILE GUN COURT.—The term ‘‘juve9 nile gun court’’ means a specialized division within

10 a State or local juvenile court system, or a special11 ized docket within a State or local court that consid12 ers exclusively cases involving juvenile firearm of13 fenders.

14 (4) LOCAL COURT.—The term ‘‘local court’’

15 means any section or division of a State or munici16 pal juvenile court system.

17 SEC. 1432. GRANT PROGRAM.

18 The Attorney General may make grants in accord19 ance with this part to States, State courts, local courts,

20 units of local government, and Indian tribes for court21 based juvenile justice programs that target juvenile fire22 arm offenders through the establishment of juvenile gun

23 courts.
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1 SEC. 1433. APPLICATIONS.

2 (a) ELIGIBILITY.—In order to be eligible to receive

3 a grant under this part, the chief executive of a State,

4 unit of local government, or Indian tribe, or the chief

5 judge of a local court, shall submit an application to the

6 Attorney General in such form and containing such infor7 mation as the Attorney General may reasonably require.

8 (b) REQUIREMENTS.—Each application submitted in

9 accordance with subsection (a) shall include—

10 (1) a request for a grant to be used for the pur11 poses described in this part;

12 (2) a description of the communities to be

13 served by the grant, including the extent of juvenile

14 crime, juvenile violence, and juvenile firearm use and

15 possession in such communities;

16 (3) written assurances that Federal funds re17 ceived under this part will be used to supplement,

18 not supplant, non-Federal funds that would other19 wise be available for activities funded under this

20 subsection;

21 (4) a comprehensive plan described in sub22 section (c) (hereafter in this part referred to as the

23 ‘‘comprehensive plan’’); and

24 (5) any additional information in such form and

25 containing such information as the Attorney General

26 may reasonably require.
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1 (c) COMPREHENSIVE PLAN.—For purposes of sub2 section (b), a comprehensive plan as described in this sub3 section includes—

4 (1) a description of the juvenile crime and vio5 lence problems in the jurisdiction of the applicant,

6 including gang crime and juvenile firearm use and

7 possession;

8 (2) an action plan outlining the manner in

9 which the applicant would use the grant amounts in

10 accordance with this part;

11 (3) a description of any resources available in

12 the jurisdiction of the applicant to implement the ac13 tion plan described in paragraph (2); and

14 (4) a description of the plan of the applicant for

15 evaluating the performance of the juvenile gun

16 court.

17 SEC. 1434. GRANT AWARDS.

18 (a) CONSIDERATIONS.—In awarding grants under

19 this part, the Attorney General shall consider—

20 (1) the ability of the applicant to provide the

21 stated services;

22 (2) the level of juvenile crime, violence, and

23 drug use in the community; and
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1 (3) to the extent practicable, achievement of an

2 equitable geographic distribution of the grant

3 awards.

4 (b) DIVERSITY.—The Attorney General shall allot not

5 less than 0.75 percent of the total amount made available

6 each fiscal year to carry out this part to applicants in each

7 State from which applicants have applied for grants under

8 this subtitle.

9 (c) INDIAN TRIBES.—The Attorney General shall al10 locate 0.75 percent of amounts made available under this

11 part for grants to Indian tribes.

12 SEC. 1435. USE OF GRANT AMOUNTS.

13 Each grant made under this part shall be used to—

14 (1) establish juvenile gun courts for adjudica15 tion of juvenile firearm offenders;

16 (2) grant prosecutorial discretion to try, in a

17 gun court, cases involving the illegal possession, use,

18 transfer, or threatened use of a firearm by a juve19 nile;

20 (3) require prosecutors to transfer such cases to

21 the gun court calendar not later than 30 days after

22 arraignment;

23 (4) require that gun court trials commence not

24 later than 60 days after transfer to the gun court;
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1 (5) facilitate innovative and individualized sen2 tencing (such as incarceration, house arrest, victim

3 impact classes, electronic monitoring, restitution,

4 and gang prevention programs);

5 (6) provide services in furtherance of paragraph

6 (5);

7 (7) limit grounds for continuances and grant

8 continuances only for the shortest practicable time;

9 (8) ensure that any term of probation or super10 vised release imposed on a firearm offender in a ju11 venile gun court, in addition to, or in lieu of, a term

12 of incarceration, shall include a prohibition on fire13 arm possession during such probation or supervised

14 release and that violation of that prohibition shall

15 result in, to the maximum extent permitted under

16 State law, a term of incarceration; and

17 (9) allow transfer of a case or an offender out

18 of the gun court by agreement of the parties, subject

19 to court approval.

20 SEC. 1436. GRANT LIMITATIONS.

21 Not more than 5 percent of the amounts made avail22 able to the Attorney General or a grant recipient under

23 this part may be used for administrative purposes.
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1 SEC. 1437. FEDERAL SHARE.

2 (a) IN GENERAL.—Subject to subsections (b) and (c),

3 the Federal share of a grant made under this part may

4 not exceed 90 percent of the total cost of the program

5 or programs of the grant recipient that are funded by that

6 grant for the fiscal year for which the program receives

7 assistance under this part.

8 (b) WAIVER.—The Attorney General may waive, in

9 whole or in part, the requirements of subsection (a).

10 (c) IN-KIND CONTRIBUTIONS.—For purposes of sub11 section (a), in-kind contributions may constitute any por12 tion of the non-Federal share of a grant under this part.

13 (d) CONTINUED AVAILABILITY OF GRANT

14 AMOUNTS.—Any amount provided to a grant recipient

15 under this part shall remain available until expended.

16 SEC. 1438. REPORT AND EVALUATION.

17 (a) REPORT TO THE ATTORNEY GENERAL.—Not

18 later than March 1, 2000, and March 1 of each year there19 after, each grant recipient under this part shall submit

20 to the Attorney General a report that describes, for the

21 year to which the report relates, any progress achieved in

22 carrying out the comprehensive plan of the grant recipient.

23 (b) EVALUATION AND REPORT TO CONGRESS.—Not

24 later than October 1, 2000 and October 1 of each year

25 thereafter, the Attorney General shall submit to Congress

26 an evaluation and report that contains a detailed state-
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1 ment regarding grant awards, activities of grant recipi2 ents, a compilation of statistical information submitted by

3 grant recipients under this part, and an evaluation of pro4 grams established by grant recipients under this part.

5 (c) CRITERIA.—In assessing the effectiveness of the

6 programs established and operated by grant recipients

7 pursuant to this part, the Attorney General shall

8 consider—

9 (1) the number of juveniles tried in gun court

10 sessions in the jurisdiction of the grant recipient;

11 (2) a comparison of the amount of time be12 tween the filing of charges and ultimate disposition

13 in gun court and nongun court cases;

14 (3) the recidivism rates of juvenile offenders

15 tried in gun court sessions in the jurisdiction of the

16 grant recipient in comparison to those tried outside

17 of drug courts;

18 (4) changes in the amount of gun-related and

19 gang-related crime in the jurisdiction of the grant

20 recipient; and

21 (5) the quantity of firearms and ammunition

22 recovered in gun court cases in the jurisdiction of

23 the grant recipient.

24 (d) DOCUMENTS AND INFORMATION.—Each grant

25 recipient under this part shall provide the Attorney Gen-
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1 eral with all documents and information that the Attorney

2 General determines to be necessary to conduct an evalua3 tion of the effectiveness of programs funded under this

4 part.

5 SEC. 1439. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated to carry out

7 this part from the Violent Crime Reduction Trust Fund—

8 (1) such sums as may be necessary for each of

9 fiscal years 2000 and 2001; and

10 (2) $50,000,000 for each of fiscal years 2002

11 and 2003.

12 PART 4—YOUTH VIOLENCE COURTS

13 SEC. 1441. CREATION OF YOUTH VIOLENCE COURTS.

14 Section 210602 of the Violent Crime Control and

15 Law Enforcement Act of 1994 (42 U.S.C. 14161) is

16 amended—

17 (1) by redesignating subsections (a), (b), (c),

18 and (d) as paragraphs (1), (2), (3), and (4), respec19 tively;

20 (2) by redesignating paragraphs (1), (2), (3),

21 (4), and (5) as subparagraphs (A), (B), (C), (D),

22 and (E), respectively;

23 (3) by inserting before paragraph (1), as so

24 designated, the following:
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1 ‘‘(a) STATE AND LOCAL COURT ASSISTANCE.—’’;

2 and

3 (4) by adding after subsection (a), as so des4 ignated, the following:

5 ‘‘(b) YOUTH VIOLENCE COURTS.—

6 ‘‘(1) AUTHORITY TO MAKE GRANTS AND ENTER

7 INTO CONTRACTS.—

8 ‘‘(A) IN GENERAL.—The Attorney General

9 may award grants and enter into cooperative

10 agreements and contracts with States, State

11 courts, local courts, units of local government,

12 Indian tribes, and tribal courts to plan, develop,

13 implement, and administer programs to adju14 dicate and better manage juvenile and youthful

15 violent offenders within State, tribal, and local

16 court systems.

17 ‘‘(B) INITIATIVES.—Initiatives funded

18 under this paragraph may include—

19 ‘‘(i) the establishment of court based

20 juvenile justice programs that target young

21 firearms offenders through the establish22 ment of juvenile gun courts for the adju23 dication and prosecution of juvenile fire24 arms offenders;
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1 ‘‘(ii) the establishment of drug court

2 programs for juveniles so as to provide

3 continuing judicial supervision over juve4 nile offenders with substance abuse prob5 lems and to provide the integrated admin6 istration of other sanctions and services as

7 enumerated under the provisions of section

8 50001 of the Violent Crime Control and

9 Law Enforcement Act of 1994 (42 U.S.C.

10 3796ii), as in effect on the day before the

11 date of enactment of Public Law 104–134;

12 ‘‘(iii) the establishment of courts of

13 specialized or joint jurisdiction as deemed

14 appropriate by a jurisdiction’s chief judi15 cial officer; and

16 ‘‘(iv) the establishment of programs

17 aimed at the enhanced and improved adju18 dication of juvenile offenders, including in19 novative programs involving the courts,

20 prosecutors, public defenders, probation of21 fices, and corrections agencies.

22 ‘‘(2) APPLICATION.—The Attorney General

23 shall establish guidelines governing the administra24 tion of this program. Such guidelines shall include

25 the manner and content of applications for funding
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1 under this program, as well as procedures and meth2 ods for the distribution of funds distributed under

3 this program.

4 ‘‘(3) FEDERAL SHARE.—The Federal share of

5 any individual grant made under this program may

6 not exceed 75 percent. Further, in-kind contribu7 tions, pursuant to the discretion of the Attorney

8 General may constitute a portion, or all, of the non9 Federal share of a grant made under this program.

10 With regard to grants to Indian tribes, the Attorney

11 General may allow other Federal funds to constitute

12 all or a portion of the non-Federal share.

13 ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The Attor14 ney General shall ensure that, to the extent reason15 able and practicable, an equitable geographic dis16 tribution of grant awards is made.

17 ‘‘(5) TRAINING AND TECHNICAL ASSISTANCE.—

18 Two percent of all funds appropriated for this part

19 shall be set aside for use by the Attorney General

20 for training and technical assistance consistent with

21 this program.’’.
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1 TITLE II—COMBATING GANG

2 VIOLENCE

3 Subtitle A—Enhanced Penalties for

4 Gang-Related Activities

5 SEC. 2101. GANG FRANCHISING.

6 Chapter 26 of title 18, United States Code, is amend7 ed by adding at the end the following:

8 ‘‘SEC. 522. INTERSTATE FRANCHISING OF CRIMINAL

9 STREET GANGS.

10 ‘‘(a) PROHIBITED ACT.—Whoever travels in inter11 state or foreign commerce, or causes another to do so, to

12 recruit, solicit, induce, command, or cause to create, or

13 attempt to create a franchise of a criminal street gang

14 shall be punished in accordance with subsection (c).

15 ‘‘(b) DEFINITIONS.—In this section:

16 ‘‘(1) CRIMINAL STREET GANG.—The term

17 ‘criminal street gang’ has the meaning given that

18 term in section 521.

19 ‘‘(2) FRANCHISE.—The term ‘franchise’ means

20 an organized group of individuals related by name,

21 moniker, or other identifier, that engages in coordi22 nated violent crime or drug trafficking activities in

23 interstate or foreign commerce with a criminal street

24 gang in another State.
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1 ‘‘(c) PENALTIES.—A person who violates subsection

2 (a) shall be imprisoned for not more than 10 years, fined

3 under this title, or both.’’.

4 SEC. 2102. ENHANCED PENALTY FOR USE OR RECRUIT5 MENT OF MINORS IN GANGS.

6 (a) IN GENERAL.—Chapter 26 of title 18, United

7 States Code, as amended by section 2101 of this title, is

8 amended by adding at the end the following:

9 ‘‘§ 523. Sentencing enhancement for use or recruit10 ment of minors

11 ‘‘Pursuant to its authority under section 994(p) of

12 title 28, the United States Sentencing Commission shall

13 amend the Federal sentencing guidelines to provide an ap14 propriate enhancement for the use of minors in a criminal

15 street gang and the recruitment of minors in furtherance

16 of the creation of a criminal street gang franchise.’’.

17 (b) CONFORMING AMENDMENT.—The chapter analy18 sis for chapter 26 of title 18, United States Code, is

19 amended by adding at the end the following:

‘‘522. Interstate franchising of criminal street gangs.

‘‘523. Sentencing enhancement for use or recruitment of minors.’’.

20 SEC. 2103. GANG FRANCHISING AS A RICO PREDICATE.

21 Section 1961(1) of title 18, United States Code, is

22 amended—

23 (1) by striking ‘‘or’’ before ‘‘(F)’’; and
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1 (2) by inserting ‘‘, or (G) an offense under sec2 tion 522 of this title’’ before the semicolon at the

3 end.

4 SEC. 2104. INCREASE IN OFFENSE LEVEL FOR PARTICIPA5 TION IN CRIME AS GANG MEMBER.

6 (a) DEFINITION OF CRIMINAL STREET GANG.—In

7 this section, the term ‘‘criminal street gang’’ has the same

8 meaning as in section 521(a) of title 18, United States

9 Code.

10 (b) SENTENCING ENHANCEMENT.—Pursuant to its

11 authority under section 994(p) of title 28, United States

12 Code, the United States Sentencing Commission shall

13 amend the Federal sentencing guidelines to provide an ap14 propriate enhancement with respect to any offense com15 mitted in connection with, or in furtherance of, the activi16 ties of a criminal street gang if the defendant is a member

17 of the criminal street gang at the time of the offense.

18 (c) CONSISTENCY.—In carrying out this section, the

19 United States Sentencing Commission shall—

20 (1) ensure that there is reasonable consistency

21 with other Federal sentencing guidelines; and

22 (2) avoid duplicative punishment for substan23 tially the same offense.
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1 SEC. 2105. ENHANCED PENALTY FOR POSSESSION OF FIRE2 ARMS IN RELATION TO COUNTS OF VIO3 LENCE OR DRUG TRAFFICKING CRIMES.

4 (a) DEFINITIONS.—In this section, the terms ‘‘crime

5 of violence’’ and ‘‘drug trafficking crime’’ have the same

6 meanings as in section 924(c) of title 18, United States

7 Code.

8 (b) SENTENCING ENHANCEMENT.—Pursuant to its

9 authority under section 994(p) of title 28, United States

10 Code, the United States Sentencing Commission shall

11 amend the Federal sentencing guidelines to provide an ap12 propriate sentence enhancement with respect to any de13 fendant who discharges a firearm during or in relation to

14 any crime of violence or any drug trafficking crime.

15 (c) CONSISTENCY.—In carrying out this section, the

16 United States Sentencing Commission shall—

17 (1) ensure that there is reasonable consistency

18 with other Federal sentencing guidelines; and

19 (2) avoid duplicative punishment for substan20 tially the same offense.

21 SEC. 2106. PUNISHMENT OF ARSON OR BOMBING AT FA22 CILITIES RECEIVING FEDERAL FINANCIAL

23 ASSISTANCE.

24 Section 844(f)(1) of title 18, United States Code, is

25 amended by inserting ‘‘or any institution or organization
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1 receiving Federal financial assistance’’ after ‘‘or agency

2 thereof,’’.

3 SEC. 2107. ELIMINATION OF STATUTE OF LIMITATIONS FOR

4 MURDER.

5 (a) IN GENERAL.—Section 3281 of title 18, United

6 States Code, is amended to read as follows:

7 ‘‘§ 3281. Capital offenses and Class A felonies involv8 ing murder

9 ‘‘An indictment for any offense punishable by death

10 or an indictment or information for a Class A felony in11 volving murder (as defined in section 1111 or as defined

12 under applicable State law in the case of an offense under

13 section 1963(a) involving racketeering activity described

14 in section 1961(1)) may be found at any time without limi15 tation.’’.

16 (b) APPLICABILITY.—The amendment made by sub17 section (a) applies to any offense for which the applicable

18 statute of limitations had not run as of the date of enact19 ment of this Act.

20 SEC. 2108. EXTENSION OF STATUTE OF LIMITATIONS FOR

21 VIOLENT AND DRUG TRAFFICKING CRIMES.

22 (a) IN GENERAL.—Chapter 213 of title 18, United

23 States Code, is amended by adding at the end the follow24 ing:
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1 ‘‘§ 3296. Class A violent and drug trafficking offenses

2 ‘‘Except as provided in section 3281, no person shall

3 be prosecuted, tried, or punished for a Class A felony that

4 is a crime of violence or a drug trafficking crime (as that

5 term is defined in section 924(c)) unless the indictment

6 is returned or the information is filed within 10 years after

7 the commission of the offense.’’.

8 (b) APPLICABILITY.—The amendment made by sub9 section (a) applies to any offense for which the applicable

10 statute of limitations had not run as of the date of enact11 ment of this Act.

12 (c) CONFORMING AMENDMENTS.—The chapter anal13 ysis for chapter 213 of title 18, United States Code, is

14 amended—

15 (1) in the item relating to section 3281, by in16 serting ‘‘and Class A felonies involving murder’’ be17 fore the period; and

18 (2) by adding at the end the following:

‘‘3296. Class A violent and drug trafficking offenses.’’.

19 SEC. 2109. INCREASED PENALTIES UNDER THE RICO LAW

20 FOR GANG AND VIOLENT CRIMES.

21 Section 1963(a) of title 18, United States Code, is

22 amended by striking ‘‘or imprisoned not more than 20

23 years (or for life if the violation is based on a racketeering

24 activity for which the maximum penalty includes life im25 prisonment), or both,’’ and inserting ‘‘or imprisoned not
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1 more than the greater of 20 years or the statutory maxi2 mum term of imprisonment (other than the penalty of

3 death) applicable to a racketeering activity on which the

4 violation is based, or both,’’.

5 SEC. 2110. INCREASED PENALTY AND BROADENED SCOPE

6 OF STATUTE AGAINST VIOLENT CRIMES IN

7 AID OF RACKETEERING.

8 Section 1959(a) of title 18, United States Code, is

9 amended—

10 (1) by inserting ‘‘or commits any other crime of

11 violence’’ before ‘‘or threatens to commit a crime of

12 violence’’;

13 (2) in paragraph (4), by inserting ‘‘committing

14 any other crime of violence or for’’ before ‘‘threaten15 ing to commit a crime of violence’’, and by striking

16 ‘‘five’’ and inserting ‘‘ten’’;

17 (3) in paragraph (5), by striking ‘‘for not more

18 than ten years’’ and inserting ‘‘for any term of years

19 or for life’’;

20 (4) in paragraph (6), by—

21 (A) striking ‘‘or’’ before ‘‘assault resulting

22 in serious bodily injury’’;

23 (B) inserting ‘‘or any other crime of vio24 lence’’ after ‘‘assault resulting in serious bodily

25 injury’’; and
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1 (C) striking ‘‘three’’ and inserting ‘‘10’’;

2 and

3 (5) by inserting ‘‘(as defined in section 1365 of

4 this title)’’ after ‘‘serious bodily injury’’ the first

5 place that term appears.

6 SEC. 2111. FACILITATING THE PROSECUTION OF

7 CARJACKING OFFENSES.

8 Section 2119 of title 18, United States Code, is

9 amended by striking ‘‘, with the intent to cause death or

10 serious bodily harm’’.

11 SEC. 2112. FACILITATION OF RICO PROSECUTIONS.

12 Section 1962(d) of title 18, United States Code, is

13 amended by adding at the end the following: ‘‘For pur14 poses of this subsection, it is not necessary to establish

15 that the defendant personally committed an act of rack16 eteering activity.’’.

17 SEC. 2113. FORFEITURE FOR CRIMES OF VIOLENCE, RACK18 ETEERING, AND OBSTRUCTION OF JUSTICE.

19 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

20 18, United States Code, is amended by adding at the end

21 the following:

22 ‘‘(G) Any proceeds of a crime of violence

23 (as defined in Section 16), an offense under

24 chapter 95 (racketeering), or any offense under

25 chapter 73 (obstruction of justice), or a con-
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1 spiracy to commit such offense, any property

2 used to facilitate such offense, and any property

3 traceable to such property.’’.

4 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

5 18, United States Code, is amended by adding at the end

6 the following:

7 ‘‘(7) The court, in imposing a sentence on a person

8 convicted of a crime of violence (as defined in section 16),

9 an offense under chapter 95 (racketeering), or any offense

10 under chapter 73 (obstruction of justice), or a conspiracy

11 to commit such offense, shall order the person to forfeit

12 to the United States any proceeds derived from such of13 fense, any property used or intended to be used to commit

14 such offense, and any property traceable to such prop15 erty.’’.

16 SEC. 2114. EXPANSION OF DEFINITION OF ‘‘RACKETEERING

17 ACTIVITY’’ TO AFFECT GANGS IN INDIAN

18 COUNTRY.

19 Section 1961(1)(A) of title 18, United States Code,

20 is amended by inserting ‘‘or, with respect to an act or

21 threat occurring solely in Indian country, as defined in

22 section 1151 of this title, Federal’’ after ‘‘chargeable

23 under State’’.
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1 SEC. 2115. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

2 (a) IN GENERAL.—Chapter 33 of title 18, United

3 States Code, is amended by inserting after section 537 the

4 following:

5 ‘‘§ 538. Investigation of serial killings

6 ‘‘(a) AUTHORIZATION UPON REQUEST.—The Attor7 ney General and the Federal Bureau of Investigation may

8 investigate serial killings in violation of the laws of a State

9 or political subdivision, when such investigation is re10 quested by the head of a law enforcement agency with in11 vestigative or prosecutorial jurisdiction over the offense.

12 ‘‘(b) DEFINITIONS.—In this section:

13 ‘‘(1) KILLING.—The term ‘killing’ means con14 duct that would constitute an offense under section

15 1111 of title 18, United States Code, if Federal ju16 risdiction existed.

17 ‘‘(2) SERIAL KILLINGS.—The term ‘serial

18 killings’ means a series of 3 or more killings, not

19 less than 1 of which was committed within the

20 United States, having common characteristics such

21 as to suggest the reasonable possibility that the

22 crimes were committed by the same actor or actors.

23 ‘‘(3) STATE.—The term ‘State’ means a State

24 of the United States, the District of Columbia, and

25 any commonwealth, territory, or possession of the

26 United States.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 33 of title 28, United States Code, is amended

3 by inserting after the item for section 537 the following:

‘‘538. Investigation of serial killings.’’.

4 SEC. 2116. INCREASED PENALTIES FOR VIOLENCE IN THE

5 COURSE OF RIOT OFFENSES.

6 Section 2101(a) of title 18, United States Code, is

7 amended by striking ‘‘paragraph—’’ and all that follows

8 through the end of the subsection and inserting ‘‘shall be

9 fined under this title—

10 ‘‘(i) if death results from such act, be impris11 oned for any term of years or for life, or both;

12 ‘‘(ii) if serious bodily injury (as defined in sec13 tion 1365 of this title) results from such act, be im14 prisoned for not more than 20 years, or both; or

15 ‘‘(iii) in any other case, be imprisoned for not

16 more than 5 years, or both’’.

17 SEC. 2117. EXPANSION OF FEDERAL JURISDICTION OVER

18 CRIMES OCCURRING IN PRIVATE PENAL FA19 CILITIES HOUSING FEDERAL PRISONERS OR

20 PRISONERS FROM OTHER STATES.

21 Section 1791(d)(4) of title 18, United States Code,

22 is amended by inserting before the period at the end the

23 following: ‘‘, including privately owned facilities housing

24 Federal prisoners or prisoners who are serving a term of
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1 imprisonment under a commitment order from a State

2 other than the State in which the penal facility is located’’.

3 Subtitle B—Targeting Gang4 Related Gun Offenses

5 SEC. 2201. TRANSFER OF FIREARM TO COMMIT A CRIME OF

6 VIOLENCE.

7 Section 924(h) of title 18, United States Code, is

8 amended by inserting ‘‘or having reasonable cause to be9 lieve’’ after ‘‘knowing’’.

10 SEC. 2202. INCREASED PENALTY FOR KNOWINGLY RECEIV11 ING FIREARM WITH OBLITERATED SERIAL

12 NUMBER.

13 Section 924(a) of title 18, United States Code, is

14 amended—

15 (1) in paragraph (1)(B), by striking ‘‘(k),’’; and

16 (2) in paragraph (2), by inserting ‘‘(k),’’ after

17 ‘‘(j),’’.

18 SEC. 2203. AMENDMENT OF THE SENTENCING GUIDELINES

19 FOR TRANSFERS OF FIREARMS TO PROHIB20 ITED PERSONS.

21 Pursuant to its authority under section 994(p) of title

22 28, United States Code, the United States Sentencing

23 Commission shall amend the Federal sentencing guidelines

24 to increase the base offense level for offenses subject to

25 section 2K2.1 of those guidelines (Unlawful Receipt, Pos-
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1 session, or Transportation of Firearms or Ammunition;

2 Prohibited Transactions Involving Firearms or Ammuni3 tions) to assume that a person who transferred a firearm

4 or ammunition and who knew or had reasonable cause to

5 believe that the transferee was a prohibited person is sub6 ject to the same base offense level as the transferee. The

7 amended guidelines shall not require the same offense

8 level for the transferor and transferee to the extent that

9 the transferee’s base offense level is subject to an addi10 tional increase on the basis of a past criminal conviction

11 of either a crime of violence or a controlled substance of12 fense.

13 SEC. 2204. FORFEITURE OF FIREARMS USED IN CRIMES OF

14 VIOLENCE AND FELONIES.

15 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

16 18, United States Code, as amended by section 2113 of

17 this title, is amended by adding at the end the following:

18 ‘‘(H) Any firearm (as defined in section

19 921(a)(3)) used or intended to be used to com20 mit or to facilitate the commission of any crime

21 of violence (as defined in Section 16 of this

22 title) or any felony under Federal law.’’.

23 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

24 18, United States Code, is amended by adding at the end

25 the following:
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1 ‘‘(8) The court, in imposing a sentence on a

2 person convicted of any crime of violence (as defined

3 in section 16 of this title) or any felony under Fed4 eral law, shall order that the person forfeit to the

5 United States any firearm (as defined in section

6 921(a)(3)) used or intended to be used to commit or

7 to facilitate the commission of the offense.’’.

8 (c) DISPOSAL OF FORFEITED PROPERTY.—Section

9 981(c) of title 18, United States Code, is amended by add10 ing at the end the following sentence: ‘‘Any firearm for11 feited pursuant to subsection (a)(1)(H) or section

12 982(a)(8) of this title shall be disposed of by the seizing

13 agency in accordance with law.’’.

14 (d) AUTHORITY TO FORFEIT PROPERTY UNDER

15 SECTION 924(d).—Section 924(d) of title 18, United

16 States Code, is amended by adding the following:

17 ‘‘(4) Whenever any firearm is subject to forfeit18 ure under this section because it was involved in or

19 used in a violation of subsection (c), the Secretary

20 of the Treasury shall have the authority to seize and

21 forfeit, in accordance with the procedures of the ap22 plicable forfeiture statute, any property otherwise

23 forfeitable under the laws of the United States that

24 was involved in or derived from the crime of violence
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1 or drug trafficking crime described in subsection (c)

2 in which the forfeited firearm was used or carried.’’.

3 (e) 120-DAY RULE FOR ADMINISTRATIVE FORFEIT4 URE.—Section 924(d)(1) of title 18, United States Code,

5 is amended by adding at the end the following: ‘‘If the

6 Government institutes an administrative forfeiture action

7 within the 120-day period, and a claim is then filed that

8 requires that a judicial forfeiture action be filed in Federal

9 court, the Government must file the judicial action within

10 120 days of the filing of the claim. The time during which

11 any related criminal indictment or information is pending

12 shall not be counted in calculating any 120-day period re13 ferred to in this subsection.’’.

14 Subtitle C—Using and Protecting

15 Witnesses To Help Prosecute

16 Gangs and Other Violent Crimi17 nals

18 SEC. 2301. INTERSTATE TRAVEL TO ENGAGE IN WITNESS

19 INTIMIDATION OR OBSTRUCTION OF JUS20 TICE.

21 Section 1952 of title 18, United States Code, is

22 amended—

23 (1) by redesignating subsections (b) and (c) as

24 (c) and (d), respectively; and
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1 (2) by inserting after subsection (a) the follow2 ing:

3 ‘‘(b) Whoever travels in interstate or foreign com4 merce with intent by bribery, force, intimidation, or

5 threat, directed against any person, to delay or influence

6 the testimony of or prevent from testifying a witness in

7 a State criminal proceeding or by any such means to cause

8 any person to destroy, alter, or conceal a record, docu9 ment, or other object, with intent to impair the object’s

10 integrity or availability for use in such a proceeding, and

11 thereafter engages or endeavors to engage in such con12 duct, shall—

13 ‘‘(1) be fined under this title or imprisoned not

14 more than 10 years, or both;

15 ‘‘(2) if serious bodily injury (as defined in sec16 tion 1365) results, be so fined or imprisoned for not

17 more than 20 years, or both; and

18 ‘‘(3) if death results, be so fined and impris19 oned for any term of years or for life, or both, and

20 may be sentenced to death.’’.
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1 SEC. 2302. EXPANDING PRETRIAL DETENTION ELIGIBILITY

2 FOR SERIOUS GANG AND OTHER VIOLENT

3 CRIMINALS.

4 (a) IN GENERAL.—Section 3142(f)(1) of title 18,

5 United States Code, is amended by adding at the end the

6 following:

7 ‘‘For purposes of subparagraph (D), the term ‘con8 victed’ includes a finding, under Federal or State

9 law, that a person has committed an act of juvenile

10 delinquency;’’.

11 (b) OFFENSES.—Section 3156(a)(4) of title 18,

12 United States Code, is amended—

13 (1) by striking ‘‘or’’ at the end of subparagraph

14 (B);

15 (2) by striking the period at the end of sub16 paragraph (C) and inserting ‘‘; or’’; and

17 (3) by adding at the end the following:

18 ‘‘(D) an offense that is a violation of sec19 tion 842(i)(1) or 922(g)(1) of this title (relating

20 to possession of explosives or firearms by con21 victed felons).’’.

22 (c) FACTORS.—Section 3142(g)(3)(B) of title 18,

23 United States Code, is amended—

24 (1) by striking ‘‘the person was on probation’’

25 and inserting ‘‘the person was—

26 ‘‘(i) on probation’’;
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1 (2) by striking ‘‘local law; and’’ and inserting

2 ‘‘local law; or’’; and

3 (3) by adding at the end the following:

4 ‘‘(ii) was a member of or participated

5 in a criminal street gang or racketeering

6 enterprise; and’’.

7 SEC. 2303. CONSPIRACY PENALTY FOR OBSTRUCTION OF

8 JUSTICE OFFENSES INVOLVING VICTIMS,

9 WITNESSES, AND INFORMANTS.

10 Section 1512 of title 18, United States Code, is

11 amended by adding at the end the following:

12 ‘‘(j) Whoever conspires to commit any offense defined

13 in this section or section 1513 of this title shall be subject

14 to the same penalties as those prescribed for the offense

15 the commission of which was the object of the conspir16 acy.’’.

17 SEC. 2304. ALLOWING A REDUCTION OF SENTENCE FOR

18 PROVIDING USEFUL INVESTIGATIVE INFOR19 MATION ALTHOUGH NOT REGARDING A PAR20 TICULAR INDIVIDUAL.

21 (a) TITLE 18.—Section 3553(e) of title 18, United

22 States Code, is amended by striking ‘‘substantial assist23 ance in the investigation or prosecution of another person

24 who has committed an offense’’ and inserting ‘‘substantial
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1 assistance in an investigation of any offense or the pros2 ecution of another person who has committed an offense’’.

3 (b) TITLE 28.—Section 994(n) of title 28, United

4 States Code, is amended by striking ‘‘substantial assist5 ance in the investigation or prosecution of another person

6 who has committed an offense’’ and inserting ‘‘substantial

7 assistance in an investigation of any offense or the pros8 ecution of another person who has committed an offense’’.

9 (c) FEDERAL RULES OF CRIMINAL PROCEDURE.—

10 Rule 35(b) of the Federal Rules of Criminal Procedure

11 is amended by striking ‘‘substantial assistance in the in12 vestigation or prosecution of another person who has com13 mitted an offense’’ and inserting ‘‘substantial assistance

14 in an investigation of any offense or the prosecution of

15 another person who has committed an offense’’.

16 SEC. 2305. INCREASING THE PENALTY FOR USING PHYS17 ICAL FORCE TO TAMPER WITH WITNESSES,

18 VICTIMS, OR INFORMANTS.

19 Section 1512 of title 18, United States Code, is

20 amended—

21 (1) in subsection (a)—

22 (A) in paragraph (1), by striking ‘‘as pro23 vided in paragraph (2)’’ and inserting ‘‘as pro24 vided in paragraph (3)’’;
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1 (B) by redesignating paragraph (2) as

2 paragraph (3);

3 (C) by inserting after paragraph (1) the

4 following:

5 ‘‘(2) Whoever uses physical force or the threat

6 of physical force, or attempts to do so, with intent

7 to—

8 ‘‘(A) influence, delay, or prevent the testi9 mony of any person in an official proceeding;

10 ‘‘(B) cause or induce any person to—

11 ‘‘(i) withhold testimony, or withhold a

12 record, document, or other object, from an

13 official proceeding;

14 ‘‘(ii) alter, destroy, mutilate, or con15 ceal an object with intent to impair the ob16 ject’s integrity or availability for use in an

17 official proceeding;

18 ‘‘(iii) evade legal process summoning

19 that person to appear as a witness, or to

20 produce a record, document, or other ob21 ject, in an official proceeding; and

22 ‘‘(iv) be absent from an official pro23 ceeding to which such person has been

24 summoned by legal process; or
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1 ‘‘(C) hinder, delay, or prevent the commu2 nication to a law enforcement officer or judge

3 of the United States of information relating to

4 the commission or possible commission of a

5 Federal offense or a violation of conditions of

6 probation, parole, or release pending judicial

7 proceedings;

8 shall be punished as provided in paragraph (3).’’;

9 and

10 (D) by striking paragraph (3)(B), as re11 designated, and inserting the following:

12 ‘‘(B) an attempt to murder, the use of

13 physical force, the threat of physical force, or

14 an attempt to do so, imprisonment for not more

15 than 20 years.’’; and

16 (2) in subsection (b), by striking ‘‘or physical

17 force’’.

18 SEC. 2306. EXPANSION OF FEDERAL KIDNAPPING OFFENSE

19 TO COVER WHEN DEATH OF VICTIM OCCURS

20 BEFORE CROSSING STATE LINE AND WHEN

21 FACILITY IN INTERSTATE COMMERCE OR

22 THE MAILS ARE USED.

23 Section 1201(a) of title 18, United States Code, is

24 amended—
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1 (1) by inserting before the semicolon at the end

2 of paragraph (1) the following: ‘‘, without regard to

3 whether such person was alive when transported

4 across a State boundary if the person was alive

5 when the transportation began’’;

6 (2) by striking ‘‘or’’ at the end of paragraph

7 (4); and

8 (3) by inserting after paragraph (5) the follow9 ing:

10 ‘‘(6) an individual travels in interstate or for11 eign commerce in furtherance of the offense; or

12 ‘‘(7) the mail or a facility in interstate or for13 eign commerce is used in furtherance of the of14 fense;’’.

15 SEC. 2307. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR

16 HIRE.

17 Section 1958(a) of title 18, United States Code, is

18 amended by inserting ‘‘or other felony crime of violence

19 against the person’’ after ‘‘murder’’.

20 SEC. 2308. CLARIFICATION OF INTERSTATE THREAT STAT21 UTE TO COVER THREATS TO KILL.

22 Subsections (b) and (c) of section 875 of title 18,

23 United States Code, and the second and third undesig24 nated paragraphs of sections 876 and 877 of title 18,

25 United States Code, are each amended by striking ‘‘any
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1 threat to injure’’ and inserting ‘‘any threat to kill or in2 jure’’.

3 SEC. 2309. CONFORMING AMENDMENT TO LAW PUNISHING

4 OBSTRUCTION OF JUSTICE BY NOTIFICATION

5 OF EXISTENCE OF A SUBPOENA FOR

6 RECORDS IN CERTAIN TYPES OF INVESTIGA7 TIONS.

8 Section 1510(b)(3)(B) of title 18, United States

9 Code, is amended—

10 (1) in clause (i), by striking ‘‘or’’ at the end;

11 (2) in clause (ii), by striking the period at the

12 end and inserting ‘‘; or’’; and

13 (3) by adding at the end the following:

14 ‘‘(iii) the Controlled Substances Act

15 (21 U.S.C. 801 et seq.), the Controlled

16 Substances Import and Export Act (21

17 U.S.C. 951 et seq.), or section 6050I of

18 the Internal Revenue Code of 1986; and

19 ‘‘(iv) section 286, 287, 669, 1001,

20 1027, 1035, 1341, 1343, 1347, 1518, or

21 1954 relating to a Federal health care of22 fense.’’.
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1 SEC. 2310. ELIMINATION OF PROOF OF VALUE REQUIRE2 MENT FOR FELONY THEFT OR CONVERSION

3 OF GRAND JURY MATERIAL.

4 Section 641 of title 18, United States Code, is

5 amended by striking ‘‘but if the value of such property

6 does not exceed the sum of $1,000, he’’ and inserting ‘‘but

7 if the value of such property, other than property con8 stituting matters occurring before the grand jury, within

9 the meaning of Rule 6(e) of the Federal Rules of Criminal

10 Procedure, does not exceed the sum of $1,000, that per11 son’’.

12 Subtitle D—Gang Paraphernalia

13 SEC. 2401. STREAMLINING PROCEDURES FOR LAW EN14 FORCEMENT ACCESS TO CLONE NUMERIC

15 PAGERS.

16 (a) AMENDMENT TO CHAPTER 206.—Chapter 206 of

17 title 18, United States Code, is amended—

18 (1) in the chapter heading, by striking ‘‘AND

19 TRAP AND TRACE DEVICES’’ and inserting:

20 ‘‘TRAP AND TRACE DEVICES, AND CLONE

21 NUMERIC PAGERS’’;

22 (2) in section 3121—

23 (A) in the section heading, by striking

24 ‘‘and trap and trace device’’ and inserting ‘‘,

25 trap and trace device, and clone pager’’;

26 (B) in subsection (a)—
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1 (i) by striking ‘‘or a trap and trace

2 device’’ each place that term appears and

3 inserting ‘‘, a trap and trace device, or a

4 clone pager’’;

5 (ii) after ‘‘3123’’ by inserting ‘‘or sec6 tion 3129’’; and

7 (C) in subsections (b) and (c), by striking

8 ‘‘or trap and trace device’’ each place that term

9 appears and inserting ‘‘, a trap and trade de10 vice or a cone pager’’;

11 (3) in section 3124—

12 (A) in the section heading, by striking ‘‘or

13 a trap and trace device’’ and inserting ‘‘, a trap

14 and trace device, or a clone pager’’;

15 (B) by redesignating subsections (c)

16 through (f) as subsections (d) through (g), re17 spectively; and

18 (C) by inserting after subsection (b) the

19 following:

20 ‘‘(c) CLONE PAGER.—Upon the request of an attor21 ney for the Government or an officer of a law enforcement

22 agency authorized to use a clone pager under this chapter,

23 a provider of a paging service or electronic communication

24 service shall furnish such investigative or law enforcement

25 officer, all information, facilities, and technical assistance
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1 necessary to accomplish the use of the clone pager unob2 trusively and with a minimum of interference with the

3 services that the person so ordered by the court provides

4 to the subscriber, if such assistance is directed by a court

5 order as provided in section 3129(b)(2) of this chapter.’’;

6 (4) in section 3125—

7 (A) in the section heading, by striking

8 ‘‘and trap and trace device’’ and inserting ‘‘,

9 trap and trace device, and clone pager’’;

10 (B) in subsection (a)—

11 (i) by striking ‘‘or trap and trace de12 vice’’ each place that term appears and in13 serting ‘‘, a trap and trace device, or a

14 clone pager’’; and

15 (ii) by striking ‘‘an order approving

16 the installation or use is issued in accord17 ance with section 3123 of this title’’ and

18 inserting ‘‘an application is made for an

19 order approving the installation or use in

20 accordance with section 3123 or section

21 3128 of this title’’; and

22 (C) in subsection (b), by adding at the end

23 the following: ‘‘In the event such application for

24 the use of a clone pager is denied, or in any

25 other case where the use of the clone pager is
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1 terminated without an order having been

2 issued, an inventory shall be served as provided

3 for in section 3129(e).’’;

4 (5) in section 3126—

5 (A) in the section heading, by striking

6 ‘‘and trap and trace devices’’ and inserting ‘‘,

7 trap and trace devices, and clone pagers’’; and

8 (B) by striking ‘‘pen register orders and

9 orders for trap and trace devices’’ and inserting

10 ‘‘orders for pen registers, trap and trace de11 vices, and clone pagers’’; and

12 (6) in section 3127—

13 (A) in paragraph (2), by striking ‘‘pen reg14 ister or a trap and trace device’’ and inserting

15 ‘‘pen register, a trap and trace device, or a

16 clone pager’’;

17 (B) by redesignating paragraphs (5) and

18 (6) as paragraphs (6) and (7), respectively; and

19 (C) by inserting after paragraph (4) the

20 following:

21 ‘‘(5) the term ‘clone pager’ means a numeric

22 display device that receives transmissions intended

23 for another numeric display paging device.’’.
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1 (b) APPLICATIONS FOR ORDERS.—Chapter 206 of

2 title 18, United States Code, is amended by adding at the

3 end the following:

4 ‘‘§ 3128. Application for an order for use of a clone

5 pager

6 ‘‘(a) APPLICATION.—(1) An attorney for the Govern7 ment may apply to a court of competent jurisdiction for

8 an order or an extension of an order under section 3129

9 of this title authorizing the use of a clone pager.

10 ‘‘(2) A State investigative or law enforcement officer

11 may, if authorized by State law, apply to a court of com12 petent jurisdiction of such State for an order or an exten13 sion of an order under section 3129 of this title authoriz14 ing the use of a clone pager.

15 ‘‘(b) CONTENTS OF APPLICATION.—An application

16 under subsection (a) of this section shall include—

17 ‘‘(1) the identify of the attorney for the Govern18 ment or the State law enforcement or investigative

19 officer making the application and the identify of the

20 law enforcement agency conducting the investiga21 tion;

22 ‘‘(2) the identify, if known, of the person using

23 the numeric display paging device to be cloned;

24 ‘‘(3) a description of the numeric display paging

25 device to be cloned;
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1 ‘‘(4) the identify, if known, of the person who

2 is the subject of the criminal investigation; and

3 ‘‘(5) an affidavit, sworn to before the court of

4 competent jurisdiction, establishing probable cause

5 for belief that information relevant to an ongoing

6 criminal investigation being conducted by that agen7 cy will be obtained through use of the clone pager.

8 ‘‘§ 3129. Issuance of an order for use of a clone pager

9 ‘‘(a) IN GENERAL.—Upon an application made under

10 section 3128 of this title, the court shall enter an ex parte

11 order authorizing the use of a clone pager within the juris12 diction of the court if the court finds that the application

13 has established probable cause to believe that information

14 relevant to an ongoing criminal investigation being con15 ducted by that agency will be obtained through use of the

16 clone pager.

17 ‘‘(b) CONTENTS OF AN ORDER.—An order issued

18 under this section—

19 ‘‘(1) shall specify—

20 ‘‘(A) the identity, if known, of each indi21 vidual using the numeric display paging device

22 to be cloned;

23 ‘‘(B) the numeric display paging device to

24 be cloned;
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1 ‘‘(C) the identity, if known, of the person

2 who is the subject of the criminal investigation;

3 and

4 ‘‘(D) the offense to which the information

5 likely to be obtained by the clone pager relates;

6 and

7 ‘‘(2) shall direct, upon the request of the appli8 cant, the furnishing of information, facilities, and

9 technical assistance necessary to use the clone pager

10 under section 3124 of this title.

11 ‘‘(c) TIME PERIOD AND EXTENSIONS.—(1) An order

12 issued under this section shall authorize the use of a clone

13 pager for a period not to exceed 30 days.

14 ‘‘(2) Extensions of an order referred to in paragraph

15 (1) may be granted, but only upon an application for an

16 order under section 3128 of this title and upon the judicial

17 finding required by subsection (a). The period of extension

18 shall be for a period not to exceed 30 days.

19 ‘‘(3) Within a reasonable time after the termination

20 of the period of a clone pager order or any extensions

21 thereof, the applicant shall report to the issuing judge the

22 number of numeric pager messages acquired through the

23 use of the clone pager during such period.
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1 ‘‘(d) NONDISCLOSURE OF EXISTENCE OF CLONE

2 PAGER.—An order authorizing the use of a clone pager

3 shall direct that—

4 ‘‘(1) the order be sealed until otherwise ordered

5 by the court; and

6 ‘‘(2) the person who has been ordered by the

7 court to provide assistance to the applicant not dis8 close the existence of the clone pager or the exist9 ence of the investigation to the listed subscriber, or

10 to any other person, until otherwise ordered by the

11 court.

12 ‘‘(e) NOTIFICATION.—Within a reasonable time but

13 not later than 90 days after the termination of the period

14 of a clone pager order or any extensions thereof, the

15 issuing judge shall cause to be served, on each individual

16 using the numeric display paging device which was cloned,

17 an inventory including notice of—

18 ‘‘(1) the fact of the entry of the order or the

19 application;

20 ‘‘(2) the date of the entry and the period of

21 clone pager use authorized, or the denial of the ap22 plication; and

23 ‘‘(3) whether or not information was obtained

24 through the use of the clone pager.
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1 Upon an ex parte showing of good cause, a court of com2 petent jurisdiction may in its discretion postpone the serv3 ing of the notice required by this section.’’.

4 (c) CONFORMING AMENDMENT.—The analysis for

5 chapter 206 of title 18, United States Code, is amended—

6 (1) by striking the item relating to section 3121

7 and inserting the following:

‘‘3121. General prohibition on pen register, trap and trace device, and clone

pager use; exception.’’;

8 (2) by striking the item relating to section 3124

9 and inserting the following:

‘‘3124. Assistance in installation and use of a pen register, a trap and trace

device, or clone pager.’’;

10 (3) by striking the item relating to section 3125

11 and inserting the following:

‘‘3125. Emergency pen register, trap and trace device, and clone pager installation and use.’’;

12 (4) by striking the item relating to section 3126

13 and inserting the following:

‘‘3126. Reports concerning pen registers, trap and trace devices, and clone

pagers.’’;

14 and

15 (5) by adding at the end the following:

‘‘3128. Application for an order for use of a clone pager.

‘‘3129. Issuance of an order for use of a clone pager.’’.

16 (d) CONFORMING AMENDMENTS.—

17 (1) Section 2511(2)(h) of title 18, United

18 States Code, is amended by striking clause (i) and

19 inserting the following:
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1 ‘‘(i) to use a pen register, a trap and

2 trace device, or a clone pager (as those

3 terms are defined for the purposes of chap4 ter 206 (relating to pen registers, trap and

5 trace devices, and clone pagers) of this

6 title); or’’.

7 (2) Section 2510(12) of title 18, United States

8 Code, is amended—

9 (A) in subparagraph (C), by striking ‘‘or’’

10 at the end;

11 (B) by inserting ‘‘or’’ after subparagraph

12 (D); and

13 (C) by adding at the end the following:

14 ‘‘(E) any transmission made through a

15 clone pager (as defined in section 3127(5) of

16 this title).’’.

17 (3) Section 705(a) of the Communications Act

18 of 1934 (47 U.S.C. 605(a)) is amended by striking

19 ‘‘chapter 119’’ and inserting ‘‘chapters 119 and

20 206’’.

21 SEC. 2402. SENTENCING ENHANCEMENT FOR USING BODY

22 ARMOR IN COMMISSION OF A FELONY.

23 (a) DEFINITIONS.—In this section:

24 (1) BODY ARMOR.—The term ‘‘body armor’’

25 means any product sold or offered for sale as per-
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1 sonal protective body covering intended to protect

2 against gunfire, regardless of whether the product is

3 to be worn alone or is sold as a complement to an4 other product or garment; and

5 (2) LAW ENFORCEMENT OFFICER.—The term

6 ‘‘law enforcement officer’’ means any officer, agent,

7 or employee of the United States, a State, or a polit8 ical subdivision of a State, authorized by law or by

9 a government agency to engage in or supervise the

10 prevention, detection, investigation, or prosecution of

11 any violation of criminal law.

12 (b) SENTENCING ENHANCEMENT.—Pursuant to its

13 authority under section 994(p) of title 28, United States

14 Code, the United States Sentencing Commission shall

15 amend the Federal sentencing guidelines to provide an ap16 propriate sentencing enhancement for any offense in which

17 the defendant used body armor.

18 (c) CONSISTENCY.—In carrying out this section, the

19 United States Sentencing Commission shall—

20 (1) ensure that there is reasonable consistency

21 with other Federal sentencing guidelines; and

22 (2) avoid duplicative punishment for substan23 tially the same offense.

24 (d) APPLICABILITY.—No Federal sentencing guide25 line amendment made under this section shall apply if the
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1 Federal crime in which the body armor is used constitutes

2 a violation of, attempted violation of, or conspiracy to vio3 late the civil rights of a person by a law enforcement offi4 cer acting under color of the authority of such law enforce5 ment officer.

6 SEC. 2403. SENTENCING ENHANCEMENT FOR USING LASER

7 SIGHTING DEVICES IN COMMISSION OF A

8 FELONY.

9 (a) DEFINITIONS.—In this section—

10 (1) the term ‘‘firearm’’ has the same meaning

11 as in section 921 of title 18, United States Code;

12 and

13 (2) the term ‘‘laser-sighting device’’ includes

14 any device designed to be attached to a firearm that

15 uses technology, such as laser sighting, red-dot16 sighting, night sighting, telescopic sighting, or other

17 similarly effective technology, in order to enhance

18 target acquisition.

19 (b) SENTENCING ENHANCEMENT.—Pursuant to its

20 authority under section 994(p) of title 28, United States

21 Code, the United States Sentencing Commission shall

22 amend the Federal sentencing guidelines to provide an ap23 propriate sentencing enhancement for any serious violent

24 felony or serious drug offense, as defined in section 3559

25 of this title, in which the defendant—
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1 (1) possessed a firearm equipped with a laser2 sighting device; or

3 (2) possessed a firearm and the defendant pos4 sessed a laser-sighting device (capable of being read5 ily attached to the firearm).

6 (c) CONSISTENCY.—In carrying out this section, the

7 United States Sentencing Commission shall—

8 (1) ensure that there is reasonable consistency

9 with other Federal sentencing guidelines; and

10 (2) avoid duplicative punishment for substan11 tially the same offense.

12 SEC. 2404. GOVERNMENT ACCESS TO LOCATION INFORMA13 TION.

14 (a) COURT ORDER REQUIRED.—Section 2703 of title

15 18, United States Code, is amended by adding at the end

16 the following:

17 ‘‘(g) REQUIREMENTS FOR DISCLOSURE OF LOCATION

18 INFORMATION.—A provider of mobile electronic commu19 nication service shall provide to a governmental entity in20 formation generated by and disclosing, on a real time

21 basis, the physical location of a subscriber’s equipment

22 only if the governmental entity obtains a court order

23 issued upon a finding that there is probable cause to be24 lieve that an individual using or possessing the subscriber
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1 equipment is committing, has committed, or is about to

2 commit a felony offense.’’.

3 (b) CONFORMING AMENDMENT.—Section

4 2703(c)(1)(B) of title 18, United States Code, is amended

5 by inserting ‘‘or wireless location information covered by

6 subsection (g) of this section’’ after ‘‘(b) of this section’’.

7 SEC. 2405. LIMITATION ON OBTAINING TRANSACTIONAL IN8 FORMATION FROM PEN REGISTERS OR TRAP

9 AND TRACE DEVICES.

10 Subsection 3123(a) of title 18, United States Code,

11 is amended to read as follows:

12 ‘‘(a) IN GENERAL.—Upon an application made under

13 section 3122, the court may enter an ex parte order—

14 ‘‘(1) authorizing the installation and use of a

15 pen register or a trap and trace device within the ju16 risdiction of the court if the court finds, based on

17 the certification by the attorney for the Government

18 or the State law enforcement or investigative officer,

19 that the information likely to be obtained by such in20 stallation and use is relevant to an ongoing criminal

21 investigation; and

22 ‘‘(2) directing that the use of the pen register

23 or trap and trace device be conducted in such a way

24 as to minimize the recording or decoding of any elec25 tronic or other impulses that are not related to the
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1 dialing and signaling information utilized in call

2 processing.’’.

3 Subtitle E—Grants To Target Gang

4 Crime and Violent Juveniles

5 PART 1—GRANTS TO PROSECUTORS’ OFFICES

6 SEC. 2511. AUTHORITY TO MAKE GRANTS TO PROSECU7 TORS TO COMBAT GANG CRIME AND YOUTH

8 VIOLENCE.

9 Section 31702 of subtitle Q of title III of the Violent

10 Crime Control and Law Enforcement Act of 1994 (42

11 U.S.C. 13862) is amended—

12 (1) in paragraph (3), by striking ‘‘and’’ at the

13 end;

14 (2) in paragraph (4), by striking the period and

15 inserting a semicolon; and

16 (3) by adding at the end the following:

17 ‘‘(5) to allow the hiring of additional prosecu18 tors, so that more cases can be prosecuted and back19 logs reduced;

20 ‘‘(6) to provide funding to enable prosecutors to

21 address drug, gang, and youth violence problems

22 more effectively;

23 ‘‘(7) to provide funding to assist prosecutors

24 with funding for technology, equipment, and training

25 to assist prosecutors in reducing the incidence of,
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1 and increase the successful identification and speed

2 of prosecution of young violent offenders; and

3 ‘‘(8) to provide funding to assist prosecutors in

4 their efforts to engage in community prosecution,

5 problem solving, and conflict resolution techniques

6 through collaborative efforts with police, school offi7 cials, probation officers, social service agencies, and

8 community organizations.’’.

9 SEC. 2512. RECIPIENTS.

10 Section 31701(a) of the Violent Crime Control and

11 Law Enforcement Act of 1994 (42 U.S.C. 13861(a)) is

12 amended by striking ‘‘or local prosecutors’’ and inserting

13 ‘‘local prosecutors, or combination thereof,’’.

14 SEC. 2513. AUTHORIZATION OF APPROPRIATIONS.

15 Subtitle Q of title II of the Violent Crime Control

16 and Law Enforcement Act of 1994 (42 U.S.C. 13861 et

17 seq.) is amended by striking section 31707 and adding at

18 the end the following:

19 ‘‘SEC. 31709. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There are authorized to be appropriated to carry out

21 this subtitle, and to remain available until expended—

22 ‘‘(1) $100,000,000 for each of fiscal years 2000

23 and 2001; and

24 ‘‘(2) such sums as may be necessary for each

25 of fiscal years 2002 and 2003.’’.
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1 SEC. 2514. TRAINING, TECHNICAL ASSISTANCE, RESEARCH,

2 STATISTICS, AND EVALUATION.

3 (a) IN GENERAL.—Subtitle Q of title III of the Vio4 lent Crime Control and Law Enforcement Act of 1994 (42

5 U.S.C. 31701 et seq.) is amended—

6 (1) by inserting after section 31706, the follow7 ing:

8 ‘‘SEC. 31707. TRAINING AND TECHNICAL ASSISTANCE.

9 ‘‘Two percent of all funds appropriated for this sub10 title shall be set aside for training and technical assistance

11 consistent with this subtitle, including providing funds to

12 training and technical assistance providers to assist orga13 nizations listed in section 31701(a) of this subtitle imple14 ment programs authorized under section 31702 of this

15 subtitle.

16 ‘‘SEC. 31708. RESEARCH, STATISTICS, AND EVALUATION.

17 ‘‘Ten percent of all funds appropriated for this sub18 title shall be set aside for research, statistics, and evalua19 tion activities consistent with this subtitle.’’; and

20 (2) by redesignating section 31708 as section

21 31710.

22 (b) CONFORMING AMENDMENT.—The table of con23 tents contained in section 2 of the Violent Crime Control

24 and Law Enforcement Act of 1994 (108 Stat. 1796) is

25 amended by striking the item relating to sections 31707

26 and 31708 and inserting the following:
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‘‘Sec. 31707. Training and technical assistance.

‘‘Sec. 31708. Research, statistics, and evaluation.

‘‘Sec. 31709. Authorization of appropriations.

‘‘Sec. 31710. Definitions.’’.

1 PART 2—HIGH INTENSITY INTERSTATE GANG

2 ACTIVITY AREAS

3 SEC. 2521. HIGH INTENSITY INTERSTATE GANG ACTIVITY

4 AREAS.

5 (a) DEFINITIONS.—In this section:

6 (1) GOVERNOR.—The term ‘‘Governor’’ means

7 a Governor of a State or the Mayor of the District

8 of Columbia.

9 (2) HIGH INTENSITY INTERSTATE GANG ACTIV10 ITY AREA.—The term ‘‘high intensity interstate

11 gang activity area’’ means an area within a State

12 that is designated as a high intensity interstate gang

13 activity area under subsection (b)(1).

14 (3) STATE.—The term ‘‘State’’ means a State

15 of the United States or the District of Columbia.

16 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

17 AREAS.—

18 (1) DESIGNATION.—The Attorney General,

19 upon consultation with the Secretary of the Treas20 ury and the Governors of appropriate States, may

21 designate as a high intensity interstate gang activity

22 area a specified area that is located—

23 (A) within a State; or
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1 (B) in more than 1 State.

2 (2) ASSISTANCE.—In order to provide Federal

3 assistance to a high intensity interstate gang activity

4 area, the Attorney General may—

5 (A) facilitate the establishment of a re6 gional task force, consisting of Federal, State,

7 and local law enforcement authorities, for the

8 coordinated investigation, disruption, apprehen9 sion, and prosecution of criminal activities of

10 gangs and gang members in the high intensity

11 interstate gang activity area; and

12 (B) direct the detailing from any Federal

13 department or agency (subject to the approval

14 of the head of that department or agency, in

15 the case of a department or agency other than

16 the Department of Justice) of personnel to the

17 high intensity interstate gang activity area.

18 (3) CRITERIA FOR DESIGNATION.—In consider19 ing an area (within a State or within more than 1

20 State) for designation as a high intensity interstate

21 gang activity area, the Attorney General shall

22 consider—

23 (A) the extent to which gangs from the

24 area are involved in interstate or international

25 criminal activity;
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1 (B) the extent to which the area is affected

2 by the criminal activity of gang members who—

3 (i) are located in, or have relocated

4 from, other States; or

5 (ii) are located in, or have immigrated

6 (legally or illegally) from, foreign countries;

7 (C) the extent to which the area is affected

8 by the criminal activity of gangs that originated

9 in other States or foreign countries;

10 (D) the extent to which State and local law

11 enforcement agencies have committed resources

12 to respond to the problem of criminal gang ac13 tivity in the area, as an indication of their de14 termination to respond aggressively to the prob15 lem;

16 (E) the extent to which a significant in17 crease in the allocation of Federal resources

18 would enhance local response to gang-related

19 criminal activities in the area; and

20 (F) any other criteria that the Attorney

21 General considers to be appropriate.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—

23 (1) IN GENERAL.—There are authorized to be

24 appropriated $100,000,000 for each of fiscal years
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1 2000 through 2003, to be used in accordance with

2 paragraph (2).

3 (2) USE OF FUNDS.—Of the amounts author4 ized to be appropriated under paragraph (1)—

5 (A) 60 percent shall be used to carry out

6 subsection (b)(2); and

7 (B) 40 percent shall be used to make

8 grants for community-based programs to pro9 vide crime prevention and intervention services

10 that are designed for gang members and at-risk

11 youth in areas designated pursuant to this sec12 tion as high intensity interstate gang activity

13 areas.

14 (3) REQUIREMENT.—

15 (A) IN GENERAL.—The Attorney General

16 shall ensure that not less than 10 percent of

17 the amounts authorized under paragraph (1)

18 are used to assist rural States affected as de19 scribed in subparagraphs (B) and (C) of sub20 section (b)(3).

21 (B) DEFINITION OF RURAL STATE.—In

22 this paragraph, the term ‘‘rural State’’ has the

23 meaning given the term in section 1501(b) of

24 title I of the Omnibus Crime Control and Safe

25 Streets Act of 1968 (42 U.S.C. 3796bb(b)).
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1 TITLE III—COMBATING

2 VIOLENCE ON THE STREETS

3 Subtitle A—More Police Officers on

4 the Beat

5 SEC. 3101. MORE POLICE OFFICERS ON THE BEAT.

6 Section 1001(a)(11)(A) of title I of the Omnibus

7 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

8 3793(a)(11)(A)) is amended—

9 (1) in clause (v), by striking ‘‘and’’ at the end;

10 (2) in clause (vi), by striking the period at the

11 end and inserting a semicolon; and

12 (3) by adding at the end the following:

13 ‘‘(vii) $1,240,000,000 for fiscal year 2001; and

14 ‘‘(viii) $1,240,000,000 for fiscal year 2002.’’.

15 SEC. 3102. GRANTS FOR EQUIPMENT, TECHNOLOGY, AND

16 SUPPORT SYSTEMS.

17 Section 1701 of title I of the Omnibus Crime Control

18 and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is

19 amended by striking subsection (b)(2)(A) and inserting

20 the following:

21 ‘‘(A) may not exceed 20 percent of the

22 funds available for grants pursuant to this sub23 section in any fiscal year.’’.
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1 SEC. 3103. NATIONAL COMMUNITY POLICE.

2 Part Q of title I of the Omnibus Crime Control and

3 Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is

4 amended by adding at the end the following:

5 ‘‘SEC. 1710. NATIONAL POLICE TELECOMMUNICATIONS.

6 ‘‘(a) FINDINGS.—Congress finds that—

7 ‘‘(1) police departments and sheriffs confirm

8 that the 911 system is overloaded and that a large

9 percentage of those calls are nonemergency calls;

10 ‘‘(2) many communities have seen increases in

11 their 911 call volumes of between 40 percent and 50

12 percent annually;

13 ‘‘(3) police officers are forced to spend too

14 much time responding to nonemergency situations,

15 which eliminates time for proactive community polic16 ing; and

17 ‘‘(4) efforts to limit the use of 911 by using

18 general telephone numbers and educating the public

19 to reference a general number in the telephone book

20 have been ineffective.

21 ‘‘(b) PURPOSE.—The purposes of this section are—

22 ‘‘(1) to encourage the Federal Communications

23 Commission to reserve the 311 nonemergency num24 ber on a national basis for use by public safety agen25 cies in responding to nonemergency police telephone

26 calls; and
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1 ‘‘(2) to establish a Federal assistance program

2 to assist States and localities in establishing 311

3 nonemergency systems and to educate citizens in the

4 use of 911 and 311.

5 ‘‘(c) AUTHORITY TO MAKE 311 NONEMERGENCY

6 GRANTS.—The Attorney General, acting through the Di7 rector of the Office of Community Oriented Policing Serv8 ices, may make grants to States, units of local govern9 ments, Indian tribal governments, other public and private

10 entities, and multijurisdictional or regional consortia, to

11 encourage the use of and to implement 311 nonemergency

12 telecommunication systems for public safety.

13 ‘‘(d) GENERAL REGULATORY AUTHORITY.—The At14 torney General may promulgate regulations and guidelines

15 to carry out this section.

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated from the Violent Crime

18 Reduction Trust Fund to carry out this section—

19 ‘‘(1) such sums as may be necessary for each

20 of fiscal years 2000 and 2001; and

21 ‘‘(2) $10,000,000 in each of fiscal years 2002

22 and 2003.’’.

23 SEC. 3104. TECHNICAL AMENDMENT.

24 Section 1001(a)(11)(B) of the Omnibus Crime Con25 trol and Safe Streets Act of 1968 (42 U.S.C.
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1 3793(a)(11)(B)) is amended by striking ‘‘150,000’’ each

2 place it appears and inserting ‘‘100,000’’.

3 Subtitle B—Violent Offender Incar4 ceration and Truth-in-Sentenc5 ing Grants

6 SEC. 3201. FORMULA ALLOCATIONS.

7 Section 20106 of the Violent Crime Control and Law

8 Enforcement Act of 1994 (42 U.S.C. 13706) is

9 amended—

10 (1) in subsection (a)(1), by striking subpara11 graph (B) and inserting the following:

12 ‘‘(B) FORMULA ALLOCATION.—The

13 amount remaining after application of subpara14 graph (A) shall be allocated as follows:

15 ‘‘(i) 0.75 percent shall be allocated to

16 each State that meets the requirements of

17 section 20103(b), except that the United

18 States Virgin Islands, American Samoa,

19 Guam, and the Commonwealth of the

20 Northern Mariana Islands, if eligible under

21 section 20103(b), shall each be allocated

22 0.05 percent.

23 ‘‘(ii) The amount remaining after ap24 plication of clause (i) shall be allocated to

25 each State that meets the requirements of
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1 section 20103(b), in the ratio that the

2 number of part 1 violent crimes reported

3 by such State to the Federal Bureau of In4 vestigation for the 3 years preceding the

5 year in which the determination is made,

6 bears to the average annual number of

7 part 1 violent crimes reported by all States

8 that meet the requirements of section

9 20103(b) to the Federal Bureau of Inves10 tigation for the 3 years preceding the year

11 in which the determination is made.’’; and

12 (2) by striking subsection (b) and inserting the

13 following:

14 ‘‘(b) ALLOCATION OF TRUTH-IN-SENTENCING

15 GRANTS UNDER SECTION 20104.—The amounts available

16 for grants under section 20104 shall be allocated as fol17 lows:

18 ‘‘(1) FORMULA ALLOCATION.—0.75 percent

19 shall be allocated to each State that meets the re20 quirements of section 20104, except that the United

21 States Virgin Islands, American Samoa, Guam, and

22 the Commonwealth of the Northern Mariana Is23 lands, if eligible under section 20104, shall each be

24 allocated 0.05 percent.
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1 ‘‘(2) ADDITIONAL ALLOCATION.—The amount

2 remaining after application of paragraph (1) shall be

3 allocated to each State that meets the requirements

4 of section 20104, in the ratio that the number of

5 part 1 violent crimes reported by such State to the

6 Federal Bureau of Investigation for the 3 years pre7 ceding the year in which the determination is made,

8 bears to the average annual number of part 1 violent

9 crimes reported by all States that meet the require10 ments of section 20103(b) to the Federal Bureau of

11 Investigation for the 3 years preceding the year in

12 which the determination is made.’’.

13 SEC. 3202. EXTENSION OF VIOLENT OFFENDER INCARCER14 ATION AND TRUTH-IN-SENTENCING GRANTS.

15 (a) VIOLENT OFFENDER INCARCERATION GRANTS.—

16 Section 20108(a) of the Violent Crime Control and Law

17 Enforcement Act of 1994 (42 U.S.C. 13708(a)) is

18 amended—

19 (1) in paragraph (1)—

20 (A) in subparagraph (D), by striking

21 ‘‘and’’ at the end;

22 (B) in subparagraph (E), by striking the

23 period at the end and inserting a semicolon;

24 and

25 (C) by adding at the end the following:
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1 ‘‘(F) $2,750,000,000 for fiscal year 2001;

2 and

3 ‘‘(G) $2,750,000,000 for fiscal year

4 2002.’’; and

5 (2) in paragraph (2)(A), by striking ‘‘fiscal

6 year,’’ and all that follows before the period and in7 serting the following: ‘‘fiscal year distribute 45 per8 cent for incarceration grants under section 20103,

9 45 percent for incentive grants under section 20104,

10 and 10 percent for violent juvenile offender incarcer11 ation grants under section 1301 of the Safe Schools,

12 Safe Streets, and Secure Borders Act of 1999’’.

13 (b) TRUTH IN SENTENCING GRANTS.—Section

14 20102(a) of the Violent Crime Control and Law Enforce15 ment Act of 1994 (42 U.S.C. 13702(a)) is amended—

16 (1) in paragraph (2), by striking ‘‘and’’ at the

17 end;

18 (2) in paragraph (3), by striking the period at

19 the end and inserting ‘‘; and’’; and

20 (3) by adding at the end the following:

21 ‘‘(4) for hiring professional staff to supervise

22 violent offenders following release from custody and

23 officers of the court to speed the prosecution of vio24 lent offenders.’’.
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1 SEC. 3203. ELIGIBILITY OF QUALIFYING INDETERMINATE

2 SENTENCING STATES FOR TRUTH-IN-SEN3 TENCING INCENTIVE GRANTS.

4 Section 20102(a)(3) of the Violent Crime Control and

5 Law Enforcement Act of 1994 (42 U.S.C. 13704(a)(3))

6 is amended by striking ‘‘on April 26, 1996’’ and inserting

7 ‘‘on or after April 26, 1996’’.

8 Subtitle C—Domestic Violence

9 SEC. 3301. EXTENSION OF VIOLENCE AGAINST WOMEN ACT.

10 (a) GRANTS TO COMBAT VIOLENT CRIMES AGAINST

11 WOMEN.—Section 1001(a)(18) of title I of the Omnibus

12 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

13 3793(a)(18)) is amended—

14 (1) in subparagraph (E), by striking ‘‘and’’ at

15 the end;

16 (2) in subparagraph (F), by inserting ‘‘and’’ at

17 the end; and

18 (3) by adding at the end the following:

19 ‘‘(G) $174,000,000 for fiscal year 2001; and

20 ‘‘(H) $174,000,000 for fiscal year 2002.’’.

21 (b) EDUCATION AND PREVENTION GRANTS TO RE22 DUCE SEXUAL ASSAULTS AGAINST WOMEN.—

23 (1) IN GENERAL.—Section 40151 of the Violent

24 Crime Control and Law Enforcement Act of 1994

25 (108 Stat. 1920) is amended by striking ‘‘Health
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1 and Human Services’’ and inserting ‘‘Health Serv2 ice’’.

3 (2) AMENDMENT.—Section 1910A(c) of the

4 Public Health Service Act (42 U.S.C. 300w–10(c))

5 is amended—

6 (A) in paragraph (4), by striking ‘‘and’’ at

7 the end; and

8 (B) by adding at the end the following:

9 ‘‘(6) $45,000,000 for fiscal year 2001; and

10 ‘‘(7) $45,000,000 for fiscal year 2002.’’.

11 (c) GRANT FOR NATIONAL DOMESTIC VIOLENCE

12 HOTLINE.—Section 316(f) of the Family Violence Preven13 tion and Services Act (42 U.S.C. 10416(f)) is amended—

14 (1) in subparagraph (E), by striking ‘‘and’’ at

15 the end;

16 (2) in subparagraph (F), by adding ‘‘and’’ at

17 the end; and

18 (3) by adding at the end the following:

19 ‘‘(G) $500,000 for fiscal year 2001; and

20 ‘‘(H) $500,000 for fiscal year 2002.’’.

21 (d) GRANTS FOR BATTERED WOMEN’S SHELTERS.—

22 Section 310(a) of the Family Violence Prevention and

23 Services Act (42 U.S.C. 10409(a)) is amended—

24 (1) in paragraph (4), by striking ‘‘and’’ at the

25 end;
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1 (2) in paragraph (5), by adding ‘‘and’’ at the

2 end; and

3 (3) by adding at the end the following:

4 ‘‘(6) $72,500,000 for fiscal year 2001; and

5 ‘‘(7) $72,500,000 for fiscal year 2002.’’.

6 (e) VICTIMS OF CHILD ABUSE PROGRAMS.—Section

7 218(a) of the Victims of Child Abuse Act of 1990 (42

8 U.S.C. 13014(a)) is amended—

9 (1) in paragraph (4), by striking ‘‘and’’ at the

10 end;

11 (2) in paragraph (5), by adding ‘‘and’’ at the

12 end; and

13 (3) by adding at the end the following:

14 ‘‘(6) $10,000,000 for fiscal year 2001; and

15 ‘‘(7) $10,000,000 for fiscal year 2002.’’.

16 SEC. 3302. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

17 ENFORCEMENT ASSISTANCE.

18 Section 1501(b) of title I of the Omnibus Crime Con19 trol and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b))

20 is amended—

21 (1) by striking ‘‘or a State’’ and inserting ‘‘, a

22 State’’; and

23 (2) by striking ‘‘through fiscal year 1997’’ and

24 inserting ‘‘, or a State that has a population density

25 of more than 60 persons per square mile (as deter-
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1 mined by the Bureau of the Census of the Depart2 ment of Commerce)’’.

3 SEC. 3303. PUNISHMENT OF ATTEMPTS TO COMMIT INTER4 STATE DOMESTIC VIOLENCE OFFENSE.

5 Section 2261(a) of title 18, United States Code, is

6 amended—

7 (1) in paragraph (1), by inserting ‘‘or attempts

8 to do so,’’ after ‘‘thereby causes bodily injury to

9 such spouse or intimate partner,’’; and

10 (2) in paragraph (2), by inserting ‘‘or attempts

11 to do so,’’ after ‘‘thereby causes bodily injury to the

12 person’s spouse or intimate partner,’’.

13 SEC. 3304. EXPANSION OF INTERSTATE DOMESTIC VIO14 LENCE OFFENSE TO COVER INTIMIDATION.

15 Section 2261A of title 18, United States Code, is

16 amended by striking ‘‘injure or harass’’ and inserting ‘‘in17 jure, harass, or intimidate’’.

18 SEC. 3305. PUNISHMENT OF INTERSTATE TRAVEL WITH IN19 TENT TO KILL SPOUSE.

20 (a) Sections 2261(b)(3) and 2262(b)(3) of title 18,

21 United States Code, are each amended by inserting ‘‘(as

22 defined in section 2119(2) of this title)’’ after ‘‘serious

23 bodily injury’’.
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1 (b) Section 2261A of title 18, United States Code,

2 is amended by striking ‘‘section 1365(g)(3)’’ and inserting

3 ‘‘section 2119(2)’’;

4 (c)(1) Section 2261 of title 18, United States Code,

5 is amended—

6 (A) in subsection (a)(1), by striking ‘‘with the

7 intent to injure, harass, or intimidate’’ and inserting

8 ‘‘with the intent to kill, injure, harass, or intimi9 date’’; and

10 (B) in subsection (a) (1) and (2), by inserting

11 ‘‘or death’’ after ‘‘and thereby causes bodily injury’’.

12 (2) Section 2262 of title 18, United States Code, is

13 amended—

14 (A) in subsection (a)(1), by inserting ‘‘or

15 death’’ after ‘‘bodily injury’’; and

16 (B) in subsection (a)(2), by striking ‘‘commits

17 an act that injures’’ and inserting ‘‘commits an act

18 that causes bodily injury or death to’’.

19 Subtitle D—Assistance to Local

20 Law Enforcement

21 SEC. 3401. EXTENSION OF LAW ENFORCEMENT FAMILY

22 SUPPORT FUNDING.

23 Section 1001(a)(21) of title I of the Omnibus Crime

24 Control and Safe Streets Act of 1968 (42 U.S.C.

25 3793(a)(21)) is amended—
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1 (1) by redesignating paragraphs (1) through

2 (5) as subparagraphs (A) through (E), respectively;

3 (2) in subparagraph (D), as redesignated, by

4 striking ‘‘and’’ at the end;

5 (3) in subparagraph (E), as redesignated, by

6 striking the period at the end and inserting a semi7 colon; and

8 (4) by adding at the end the following:

9 ‘‘(F) $7,500,000 for fiscal year 2001; and

10 ‘‘(G) $7,500,000 for fiscal year 2002.’’.

11 SEC. 3402. EXTENSION OF RURAL DRUG ENFORCEMENT

12 AND TRAINING FUNDING.

13 (a) OMNIBUS CRIME CONTROL AND SAFE STREETS

14 ACT OF 1968.—Section 1001(a)(9) of title I of the Omni15 bus Crime Control and Safe Streets Act of 1968 (42

16 U.S.C. 3793(a)(9)) is amended—

17 (1) in subparagraph (D), by striking ‘‘and’’ at

18 the end;

19 (2) in subparagraph (E), by striking the period

20 at the end and inserting a semicolon; and

21 (3) by adding at the end the following:

22 ‘‘(F) $66,000,000 for fiscal year 2001; and

23 ‘‘(G) $66,000,000 for fiscal year 2002.’’.

24 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE25 MENT ACT OF 1994.—Section 18103(b) of the Violent
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1 Crime Control and Law Enforcement Act of 1994 (42

2 U.S.C. 14082(b)) is amended—

3 (1) in paragraph (4), by striking ‘‘and’’ at the

4 end;

5 (2) in paragraph (5), by striking the period at

6 the end and inserting a semicolon; and

7 (3) by adding at the end the following:

8 ‘‘(6) $1,000,000 for fiscal year 2001; and

9 ‘‘(7) $1,000,000 for fiscal year 2002.’’.

10 SEC. 3403. EXTENSION OF DNA IDENTIFICATION GRANTS

11 FUNDING.

12 Section 1001(a) of title I of the Omnibus Crime Con13 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a))

14 is amended by redesignating paragraphs (16) through

15 (22) as paragraphs (12) through (17), respectively.

16 SEC. 3404. EXTENSION OF BYRNE GRANT FUNDING.

17 Section 210101 of the Violent Crime Control and

18 Law Enforcement Act of 1994 (Public Law 103–322; 108

19 Stat. 2061) is amended—

20 (1) by striking ‘‘through 2000’’ and inserting

21 ‘‘through 2002’’;

22 (2) in paragraph (5), by striking ‘‘and’’ at the

23 end;

24 (3) in paragraph (6), by striking the period at

25 the end and inserting a semicolon; and
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1 (4) by adding at the end the following:

2 ‘‘(7) $200,000,000 for fiscal year 2001; and

3 ‘‘(8) $200,000,000 for fiscal year 2002.’’.

4 SEC. 3405. EXTENSION OF TECHNICAL AUTOMATION GRANT

5 FUNDING.

6 Section 210501(c) of the Violent Crime Control and

7 Law Enforcement Act of 1994 (42 U.S.C. 14151(c)) is

8 amended—

9 (1) in paragraph (1)—

10 (A) in subparagraph (D), by striking

11 ‘‘and’’ at the end;

12 (B) in subparagraph (E), by striking the

13 period at the end and inserting a semicolon;

14 and

15 (C) by adding at the end the following:

16 ‘‘(F) for fiscal year 2001, $24,000,000;

17 and

18 ‘‘(G) for fiscal year 2002, $24,000,000;’’;

19 and

20 (2) in paragraph (2)—

21 (A) in subparagraph (D), by striking

22 ‘‘and’’ at the end;

23 (B) in subparagraph (E), by striking

24 ‘‘and’’ at the end; and

25 (C) by adding at the end the following:
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1 ‘‘(F) for fiscal year 2001, $6,000,000; and

2 ‘‘(G) for fiscal year 2002, $6,000,000;

3 and’’.

4 SEC. 3406. EXTENSION OF GRANTS FOR STATE COURT

5 PROSECUTORS.

6 Section 21602 of the Violent Crime Control and Law

7 Enforcement Act of 1994 (42 U.S.C. 14161) is

8 amended—

9 (1) in subsection (a)—

10 (A) by striking ‘‘other criminal justice par11 ticipants’’ and inserting ‘‘other criminal justice

12 participants, in both the adult and juvenile sys13 tems,’’;

14 (B) by striking ‘‘this Act’’ and all that fol15 lows before the period at the end of the section

16 and inserting ‘‘this Act, the Safe Schools, Safe

17 Streets, and Secure Borders Act of 1999, and

18 amendments thereto’’;

19 (2) by redesignating subsection (d) as sub20 section (e);

21 (3) by inserting after subsection (c) the follow22 ing:

23 ‘‘(d) Not less than 20 percent of the total amount

24 appropriated to carry out this subtitle in each of fiscal

25 years 2001 and 2002 shall be made available for providing
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1 increased resources to State juvenile courts systems, juve2 nile prosecutors, juvenile public defenders, and other juve3 nile court system participants.’’;

4 (4) in subsection (e)—

5 (A) in paragraph (4), by striking ‘‘and’’ at

6 the end;

7 (B) in paragraph (5), by striking the

8 comma at the end and inserting a semicolon;

9 and

10 (C) by inserting immediately after para11 graph (5) the following:

12 ‘‘(6) $250,000,000 for fiscal year 2001; and

13 ‘‘(7) $250,000,000 for fiscal year 2002,’’.

14 Subtitle E—Protecting Federal,

15 State, and Local Law Enforce16 ment Officers and the Judiciary

17 SEC. 3501. EXPANSION OF PROTECTION OF FEDERAL OFFI18 CERS AND EMPLOYEES FROM MURDER DUE

19 TO THEIR STATUS.

20 Section 1114 of title 18, United States Code, is

21 amended—

22 (1) by inserting ‘‘or because of the status of the

23 victim as such an officer or employee,’’ after ‘‘on ac24 count of the performance of official duties,’’; and
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1 (2) by inserting ‘‘or, if the person assisting is

2 an officer or employee of a State or local govern3 ment, because of the status of the victim as such an

4 officer or employee,’’ after ‘‘on account of that as5 sistance,’’.

6 SEC. 3502. ASSAULTING, RESISTING, OR IMPEDING CER7 TAIN OFFICERS OR EMPLOYEES.

8 Section 111 of title 18, United States Code, is

9 amended—

10 (1) in subsection (a), by striking ‘‘three’’ and

11 inserting ‘‘12’’; and

12 (2) in subsection (b), by striking ‘‘ten’’ and in13 serting ‘‘20’’.

14 SEC. 3503. INFLUENCING, IMPEDING, OR RETALIATING

15 AGAINST A FEDERAL OFFICIAL BY THREAT16 ENING A FAMILY MEMBER.

17 Section 115(b)(4) of title 18, United States Code, is

18 amended—

19 (1) by striking ‘‘five’’ and inserting ‘‘10’’; and

20 (2) by striking ‘‘three’’ and inserting ‘‘6’’.

21 SEC. 3504. MAILING THREATENING COMMUNICATIONS.

22 Section 876 of title 18, United States Code, is

23 amended—
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1 (1) by designating the first 4 undesignated

2 paragraphs as subsections (a) through (d), respec3 tively;

4 (2) in subsection (c), as so designated, by add5 ing at the end the following: ‘‘If such a communica6 tion is addressed to a United States judge, a Fed7 eral law enforcement officer, or an official who is

8 covered by section 1114, the individual shall be fined

9 under this title, imprisoned not more than 10 years,

10 or both.’’; and

11 (3) in subsection (d), as so designated, by add12 ing at the end the following: ‘‘If such a communica13 tion is addressed to a United States judge, a Fed14 eral law enforcement officer, or an official who is

15 covered by section 1114, the individual shall be fined

16 under this title, imprisoned not more than 10 years,

17 or both.’’.

18 SEC. 3505. AMENDMENT OF THE SENTENCING GUIDELINES

19 FOR ASSAULTS AND THREATS AGAINST FED20 ERAL JUDGES AND CERTAIN OTHER FED21 ERAL OFFICIALS AND EMPLOYEES.

22 (a) IN GENERAL.—Pursuant to its authority under

23 section 994 of title 28, United States Code, the United

24 States Sentencing Commission shall review and amend the

25 Federal sentencing guidelines and the policy statements
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1 of the commission, if appropriate, to provide an appro2 priate sentencing enhancement for offenses involving in3 fluencing, assaulting, resisting, impeding, retaliating

4 against, or threatening a Federal judge, magistrate judge,

5 or any other official described in section 111 or 115 of

6 title 18, United States Code.

7 (b) FACTORS FOR CONSIDERATION.—In carrying out

8 this section, the United States Sentencing Commission

9 shall consider, with respect to each offense described in

10 subsection (a)—

11 (1) any expression of congressional intent re12 garding the appropriate penalties for the offense;

13 (2) the range of conduct covered by the offense;

14 (3) the existing sentences for the offense;

15 (4) the extent to which sentencing enhance16 ments within the Federal sentencing guidelines and

17 the court’s authority to impose a sentence in excess

18 of the applicable guideline range are adequate to en19 sure punishment at or near the maximum penalty

20 for the most egregious conduct covered by the of21 fense;

22 (5) the extent to which Federal sentencing

23 guideline sentences for the offense have been con24 strained by statutory maximum penalties;
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1 (6) the extent to which Federal sentencing

2 guidelines for the offense adequately achieve the

3 purposes of sentencing as set forth in section

4 3553(a)(2) of title 18, United States Code;

5 (7) the relationship of Federal sentencing

6 guidelines for the offense to the Federal sentencing

7 guidelines for other offenses of comparable serious8 ness; and

9 (8) any other factors that the Commission con10 siders to be appropriate.

11 SEC. 3506. EXTENSION OF BULLETPROOF VEST PARTNER12 SHIP GRANT ACT.

13 Section 1001(a) of the Omnibus Crime Control and

14 Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is

15 amended—

16 (1) by redesignating paragraph (23), as added

17 by the Bulletproof Vest Partnership Grant Act of

18 1998 (42 U.S.C. 3711 note), as paragraph (18); and

19 (2) in paragraph (18), as so redesignated, by

20 striking ‘‘fiscal years 1999 through 2001’’ and in21 serting ‘‘fiscal years 1999 through 2004’’.

22 SEC. 3507. KILLING PERSONS AIDING FEDERAL INVESTIGA23 TIONS OR STATE CORRECTIONAL OFFICERS.

24 Section 1121(a)(1) of title 18, United States Code,

25 is amended in the matter preceding subparagraph (A), by
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1 inserting ‘‘, State, or joint Federal-State’’ after ‘‘a Fed2 eral’’.

3 SEC. 3508. KILLING STATE CORRECTIONAL OFFICERS.

4 Section 1121(b)(3) of title 18, United States Code,

5 is amended—

6 (1) in subparagraph (A), by striking ‘‘or’’ at

7 the end;

8 (2) in subparagraph (B), by striking the period

9 at the end and inserting ‘‘; or’’; and

10 (3) by adding at the end the following:

11 ‘‘(C) the incarcerated person is incarcer12 ated pending an initial appearance, arraign13 ment, trial, or appeal for an offense against the

14 United States.’’.

15 SEC. 3509. ESTABLISHMENT OF PROTECTIVE FUNCTION

16 PRIVILEGE.

17 (a) FINDINGS.—Congress makes the following find18 ings:

19 (1) The physical safety of the Nation’s top

20 elected officials is a public good of transcendent im21 portance.

22 (2) By virtue of the critical importance of the

23 Office of the President, the President and those in

24 direct line of the Presidency are subject to unique

25 and mortal jeopardy—jeopardy that in turn threat-
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1 ens profound disruption to our system of representa2 tive government and to the security and future of

3 the Nation.

4 (3) The physical safety of visiting heads of for5 eign states and foreign governments is also a matter

6 of paramount importance. The assassination of such

7 a person while on American soil could have calami8 tous consequences for our foreign relations and na9 tional security.

10 (4) Given these grave concerns, Congress has

11 provided for the Secret Service to protect the Presi12 dent and those in direct line of the Presidency, and

13 has directed that these officials may not waive such

14 protection. Congress has also provided for the Secret

15 Service to protect visiting heads of foreign states

16 and foreign governments.

17 (5) The protective strategy of the Secret Serv18 ice depends critically on the ability of its personnel

19 to maintain close and unremitting physical proximity

20 to the protectee.

21 (6) Secret Service personnel must remain at the

22 side of the protectee on occasions of confidential

23 conversations and, as a result, may overhear top se24 cret discussions, diplomatic exchanges, sensitive con25 versations, and matters of personal privacy.
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1 (7) The necessary level of proximity can be

2 maintained only in an atmosphere of complete trust

3 and confidence between the protectee and his or her

4 protectors.

5 (8) If a protectee has reason to doubt the con6 fidentiality of actions or conversations taken in sight

7 or hearing of Secret Service personnel, the protectee

8 may seek to push the protective envelope away or

9 undermine it to the point at which it could no longer

10 be fully effective.

11 (9) The possibility that Secret Service personnel

12 might be compelled to testify against their protectees

13 could induce foreign nations to refuse Secret Service

14 protection in future state visits, making it impossible

15 for the Secret Service to fulfill its important statu16 tory mission of protecting the life and safety of for17 eign dignitaries.

18 (10) A privilege protecting information acquired

19 by Secret Service personnel while performing their

20 protective function in physical proximity to a

21 protectee will preserve the security of the protectee

22 by lessening the incentive of the protectee to dis23 tance Secret Service personnel in situations in which

24 there is some risk to the safety of the protectee.
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1 (11) Recognition of a protective function privi2 lege for the President and those in direct line of the

3 Presidency, and for visiting heads of foreign states

4 and foreign governments, will promote sufficiently

5 important interests to outweigh the need for pro6 bative evidence.

7 (12) Because Secret Service personnel retain

8 law enforcement responsibility even while engaged in

9 their protective function, the privilege must be sub10 ject to a crime/treason exception.

11 (b) PURPOSES.—The purposes of this Act are—

12 (1) to facilitate the relationship of trust and

13 confidence between Secret Service personnel and cer14 tain protected officials that is essential to the ability

15 of the Secret Service to protect these officials, and

16 the Nation, from the risk of assassination; and

17 (2) to ensure that Secret Service personnel are

18 not precluded from testifying in a criminal investiga19 tion or prosecution about unlawful activity commit20 ted within their view or hearing.

21 (c) ADMISSIBILITY OF INFORMATION ACQUIRED BY

22 SECRET SERVICE PERSONNEL WHILE PERFORMING

23 THEIR PROTECTIVE FUNCTION.—
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1 (1) PROTECTIVE FUNCTION PRIVILEGE.—Chap2 ter 203 of title 18, United States Code, is amended

3 by inserting after section 3056 the following:

4 ‘‘§ 3056A. Testimony by Secret Service personnel; pro5 tective function privilege

6 ‘‘(a) DEFINITIONS.—In this section:

7 ‘‘(1) PROTECTEE.—The term ‘protectee’

8 means—

9 ‘‘(A) the President;

10 ‘‘(B) the Vice President (or other officer

11 next in the order of succession to the Office of

12 President);

13 ‘‘(C) the President-elect;

14 ‘‘(D) the Vice President-elect; and

15 ‘‘(E) visiting heads of foreign states or for16 eign governments who, at the time and place

17 concerned, are being provided protection by the

18 United States Secret Service.

19 ‘‘(2) SECRET SERVICE PERSONNEL.—The term

20 ‘Secret Service personnel’ means any officer or agent

21 of the United States Secret Service.

22 ‘‘(b) GENERAL RULE OF PRIVILEGE.—Subject to

23 subsection (c), testimony by Secret Service personnel or

24 former Secret Service personnel regarding information af25 fecting a protectee that was acquired during the perform-
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1 ance of a protective function in physical proximity to the

2 protectee shall not be received in evidence or otherwise dis3 closed in any trial, hearing, or other proceeding in or be4 fore any court, grand jury, department, officer, agency,

5 regulatory body, or other authority of the United States,

6 a State, or a political subdivision thereof.

7 ‘‘(c) EXCEPTIONS.—There is no privilege under this

8 section—

9 ‘‘(1) with respect to information that, at the

10 time the information was acquired by Secret Service

11 personnel, was sufficient to provide reasonable

12 grounds to believe that a crime had been, was being,

13 or would be committed; or

14 ‘‘(2) if the privilege is waived by the protectee

15 or the legal representative of a protectee or deceased

16 protectee.’’.

17 (2) TECHNICAL AND CONFORMING AMEND18 MENT.—The analysis for chapter 203 of title 18,

19 United States Code, is amended by inserting after

20 the item relating to section 3056 the following:

‘‘3056A. Testimony by Secret Service personnel; protective function privilege.’’.

21 (3) APPLICATION.—This Act and the amend22 ments made by this Act shall apply to any proceed23 ing commenced on or after the date of enactment of

24 this Act.
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1 Subtitle F—Extension of Violent

2 Crime Reduction Trust Fund

3 SEC. 3601. EXTENSION OF VIOLENT CRIME REDUCTION

4 TRUST FUND.

5 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE6 MENT ACT OF 1994.—Section 310001(b) of the Violent

7 Crime Control and Law Enforcement Act of 1994 (42

8 U.S.C. 14211(b)) is amended—

9 (1) in paragraph (5), by striking ‘‘and’’ at the

10 end;

11 (2) in paragraph (6), by striking the period at

12 the end and inserting a semicolon; and

13 (3) by adding at the end the following:

14 ‘‘(7) for fiscal year 2001, $6,500,000,000; and

15 ‘‘(8) for fiscal year 2002, $6,500,000,000.’’.

16 (b) REDUCTION IN DISCRETIONARY SPENDING LIM17 ITS.—Beginning on the date of enactment of this Act, the

18 discretionary spending limits set forth in section 601(a)(1)

19 of the Congressional Budget Act of 1974 (2 U.S.C.

20 665(a)(2)) (as adjusted in conformance with section 251

21 of the Balanced Budget and Emergency Deficit Control

22 Act of 1985, and in the Senate, with section 301 of House

23 Concurrent Resolution 178 (104th Congress)) for fiscal

24 years 2001 through 2002 are reduced as follows:
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1 (1) For fiscal year 2001, for the discretionary

2 category: $6,500,000,000 in new budget authority

3 and $6,225,000,000 in outlays.

4 (2) For fiscal year 2002, for the discretionary

5 category: $6,500,000,000 in new budget authority

6 and $6,225,000,000 in outlays.

7 Subtitle G—Punishing Hate Crimes

8 and Protecting Civil Rights

9 SEC. 3701. PUNISHING HATE CRIMES.

10 (a) SHORT TITLE.—This subtitle may be cited as the

11 ‘‘Hate Crimes Prevention Act of 1999’’.

12 (b) FINDINGS.—Congress finds that—

13 (1) the incidence of violence motivated by the

14 actual or perceived race, color, national origin, reli15 gion, sexual orientation, gender, or disability of the

16 victim poses a serious national problem;

17 (2) such violence disrupts the tranquility and

18 safety of communities and is deeply divisive;

19 (3) existing Federal law is inadequate at ad20 dressing this problem;

21 (4) such violence affects interstate commerce in

22 many ways, including—

23 (A) by impeding the movement of members

24 of targeted groups and forcing such members to
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1 move across State lines to escape the incidence

2 or risk of such violence; and

3 (B) by preventing members of targeted

4 groups from purchasing goods and services, ob5 taining or sustaining employment or participat6 ing in other commercial activity;

7 (5) perpetrators cross State lines to commit

8 such violence;

9 (6) instrumentalities of interstate commerce are

10 used to facilitate the commission of such violence;

11 (7) such violence is committed using articles

12 that have traveled in interstate commerce;

13 (8) violence motivated by bias that is a relic of

14 slavery can constitute badges and incidents of slav15 ery;

16 (9) although many local jurisdictions have at17 tempted to respond to the challenges posed by such

18 violence, the problem is sufficiently serious, wide19 spread, and interstate in scope to warrant Federal

20 intervention to assist such jurisdictions; and

21 (10) many States have no laws addressing vio22 lence based on the actual or perceived race, color,

23 national origin, religion, sexual orientation, gender,

24 or disability, of the victim, while other States have

25 laws that provide only limited protection.
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1 (c) DEFINITION OF HATE CRIME.—In this Act, the

2 term ‘‘hate crime’’ has the same meaning as in section

3 280003(a) of the Violent Crime Control and Law Enforce4 ment Act of 1994 (28 U.S.C. 994 note).

5 (d) PROHIBITION OF CERTAIN ACTS OF VIO6 LENCE.—Section 245 of title 18, United States Code, is

7 amended—

8 (1) by redesignating subsections (c) and (d) as

9 subsections (d) and (e), respectively; and

10 (2) by inserting after subsection (b) the follow11 ing:

12 ‘‘(c)(1) Whoever, whether or not acting under color

13 of law, willfully causes bodily injury to any person or,

14 through the use of fire, a firearm, or an explosive device,

15 attempts to cause bodily injury to any person, because of

16 the actual or perceived race, color, religion, or national

17 origin of any person—

18 ‘‘(A) shall be imprisoned not more than 10

19 years, or fined in accordance with this title, or both;

20 and

21 ‘‘(B) shall be imprisoned for any term of years

22 or for life, or fined in accordance with this title, or

23 both, if—

24 ‘‘(i) death results from the acts committed

25 in violation of this paragraph; or
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1 ‘‘(ii) the acts committed in violation of this

2 paragraph include kidnapping or an attempt to

3 kidnap, aggravated sexual abuse or an attempt

4 to commit aggravated sexual abuse, or an at5 tempt to kill.

6 ‘‘(2)(A) Whoever, whether or not acting under color

7 of law, in any circumstances described in subparagraph

8 (B), willfully causes bodily injury to any person or,

9 through the use of fire, a firearm, or an explosive device,

10 attempts to cause bodily injury to any person, because of

11 the actual or perceived religion, gender, sexual orientation,

12 or disability of any person—

13 ‘‘(i) shall be imprisoned not more than 10

14 years, or fined in accordance with this title, or both;

15 and

16 ‘‘(ii) shall be imprisoned for any term of years

17 or for life, or fined in accordance with this title, or

18 both, if—

19 ‘‘(I) death results from the acts committed

20 in violation of this paragraph; or

21 ‘‘(II) the acts committed in violation of

22 this paragraph include kidnapping or an at23 tempt to kidnap, aggravated sexual abuse or an

24 attempt to commit aggravated sexual abuse, or

25 an attempt to kill.
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1 ‘‘(B) For purposes of subparagraph (A), the cir2 cumstances described in this subparagraph are that—

3 ‘‘(i) in connection with the offense, the defend4 ant or the victim travels in interstate or foreign

5 commerce, uses a facility or instrumentality of inter6 state or foreign commerce, or engages in any activity

7 affecting interstate or foreign commerce; or

8 ‘‘(ii) the offense is in or affects interstate or

9 foreign commerce.’’.

10 (e) DUTIES OF FEDERAL SENTENCING COMMIS11 SION.—

12 (1) AMENDMENT OF FEDERAL SENTENCING

13 GUIDELINES.—Pursuant to its authority under sec14 tion 994 of title 28, United States Code, the United

15 States Sentencing Commission shall study the issue

16 of adult recruitment of juveniles to commit hate

17 crimes and shall, if appropriate, amend the Federal

18 sentencing guidelines to provide sentencing enhance19 ments (in addition to the sentencing enhancement

20 provided for the use of a minor during the commis21 sion of an offense) for adult defendants who recruit

22 juveniles to assist in the commission of hate crimes.

23 (2) CONSISTENCY WITH OTHER GUIDELINES.—

24 In carrying out this section, the United States Sen25 tencing Commission shall—
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1 (A) ensure that there is reasonable consist2 ency with other Federal sentencing guidelines;

3 and

4 (B) avoid duplicative punishments for sub5 stantially the same offense.

6 (f) GRANT PROGRAM.—

7 (1) AUTHORITY TO MAKE GRANTS.—The Ad8 ministrator of the Office of Juvenile Justice and De9 linquency Prevention of the Department of Justice

10 shall make grants, in accordance with such regula11 tions as the Attorney General may prescribe, to

12 State and local programs designed to combat hate

13 crimes committed by juveniles.

14 (2) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated such sums

16 as may be necessary to carry out this section.

17 (g) AUTHORIZATION FOR ADDITIONAL PERSONNEL

18 TO ASSIST STATE AND LOCAL LAW ENFORCEMENT.—

19 There are authorized to be appropriated to the Depart20 ment of the Treasury and the Department of Justice, in21 cluding the Community Relations Service, for fiscal years

22 2000, 2001, and 2002 such sums as are necessary to in23 crease the number of personnel to prevent and respond

24 to alleged violations of section 245 of title 18, United
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1 States Code (as amended by subsection (d) of this sec2 tion).

3 (h) SEVERABILITY.—If any provision of this section,

4 an amendment made by this section, or the application

5 of such provision or amendment to any person or cir6 cumstance is held to be unconstitutional, the remainder

7 of this section, the amendments made by this section, and

8 the application of the provisions of such to any person or

9 circumstance shall not be affected thereby.

10 SEC. 3702. ATTEMPTED DEPRIVATION OF CIVIL RIGHTS

11 UNDER COLOR OF LAW.

12 Section 242 of title 18, United States Code, is

13 amended by inserting ‘‘or attempts to willfully subject’’

14 after ‘‘willfully subjects’’.

15 SEC. 3703. HATE CRIMES STATISTICS ACT.

16 Subsection (b) of the first section of the Hate Crimes

17 Statistics Act (28 U.S.C. 534 note) is amended by adding

18 at the end the following:

19 ‘‘(6) In acquiring data under this section, the Attor20 ney General shall, beginning for calendar year 1999, in21 clude data regarding the age of offenders who have com22 mitted crimes covered by this section.’’.
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1 SEC. 3704. IMPROVEMENT OF HATE CRIMES SENTENCING

2 PROCEDURE.

3 Section 280003(b) of the Violent Crime Control and

4 Law Enforcement Act of 1994 (28 U.S.C. 994 note) is

5 amended by striking ‘‘the finder of fact at trial’’ and in6 serting ‘‘the court at sentencing’’.

7 SEC. 3705. PROTECTING CITIZENS AGAINST SEARCHES BY

8 BOUNTY HUNTERS.

9 (a) SHORT TITLE.—This section may be cited as the

10 ‘‘Privacy Protection Against Bounty Hunters Act of

11 1999’’.

12 (b) FINDINGS.—Congress finds that—

13 (1) the use of bail enforcement officers, also

14 known as bounty hunters, to return fugitives to cus15 tody has grown in recent years, increasing to 24,000

16 arrests made by bail enforcement officers in the

17 United States in 1994;

18 (2) unlike law enforcement officers, bail en19 forcement officers, as private actors, are not subject

20 to the prohibition against unreasonable searches and

21 seizures in the fourth amendment to the Constitu22 tion of the United States;

23 (3) Federal law, under the 1872 Supreme

24 Court decision of Taylor v. Taintor, 83 U.S. 366,

25 provides that bail enforcement officers may break
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1 and enter a private dwelling in pursuit of a fugitive;

2 and

3 (4) in the course of their duties, bail enforce4 ment officers often move in and affect interstate

5 commerce.

6 (c) PROHIBITION AND PENALTIES.—

7 (1) IN GENERAL.—Chapter 35 of title 18,

8 United States Code, is amended by inserting after

9 section 753 the following:

10 ‘‘§ 754. Searches by bounty hunters

11 ‘‘(a) DEFINITIONS.—In this section—

12 ‘‘(1) the term ‘‘bail enforcement officer’’—

13 ‘‘(A) means any person whose services are

14 engaged to obtain the recovery of any fugitive

15 from justice who has been released on bail; and

16 ‘‘(B) does not include any law enforcement

17 officer acting under color of law or any person

18 engaged in the performance of official duties as

19 a member of the Armed Forces on active duty

20 (as defined in section 101(d)(1) of title 10);

21 and

22 ‘‘(2) the term ‘‘law enforcement officer’’ means

23 a public officer or employee authorized under appli24 cable Federal or State law to conduct or engage in

25 the prevention, investigation, prosecution, or adju-
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1 dication of criminal offenses, including any public of2 ficer or employee engaged in corrections, parole, or

3 probation functions, or the recovery of any fugitive

4 from justice.

5 ‘‘(b) BOUNTY HUNTERS ENTERING OR SEARCHING

6 PRIVATE DWELLING.—Whoever, being a bail enforcement

7 officer, enters or searches any private dwelling in pursuit

8 of a fugitive without being accompanied by a law enforce9 ment officer shall be fined not more than $1,000, impris10 oned not more than 1 year, or both.’’.

11 (2) TECHNICAL AND CONFORMING AMEND12 MENT.—The analysis for chapter 35 of title 18,

13 United States Code, is amended by inserting after

14 the item relating to section 753 the following:

‘‘754. Searches by bounty hunters.’’.

15 SEC. 3706. BOUNTY HUNTER ACCOUNTABILITY AND QUAL16 ITY ASSURANCE.

17 (a) SHORT TITLE.—This section may be cited as the

18 ‘‘Bounty Hunter Accountability and Quality Assistance

19 Act of 1999’’.

20 (b) FINDINGS.—Congress finds that—

21 (1) bounty hunters, also known as bail enforce22 ment officers or recovery agents, provide law en23 forcement officers and the courts with valuable as24 sistance in recovering fugitives from justice;
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1 (2) regardless of the differences in their duties,

2 skills, and responsibilities, the public has had dif3 ficulty in discerning the difference between law en4 forcement officers and bounty hunters;

5 (3) the availability of bail as an alternative to

6 the pretrial detention or unsecured release of crimi7 nal defendants is important to the effective function8 ing of the criminal justice system;

9 (4) the safe and timely return to custody of fu10 gitives who violate bail contracts is an important

11 matter of public safety, as is the return of any other

12 fugitive from justice;

13 (5) bail bond agents are widely regulated by the

14 States, whereas bounty hunters are largely unregu15 lated;

16 (6) the public safety requires the employment of

17 qualified, well-trained bounty hunters; and

18 (7) in the course of their duties, bounty hunters

19 often move in and affect interstate commerce.

20 (c) DEFINITIONS.—In this section—

21 (1) the term ‘‘bail bond agent’’ means any re22 tail seller of a bond to secure the release of a crimi23 nal defendant pending judicial proceedings, unless

24 such person also is self-employed to obtain the recov-
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1 ery of any fugitive from justice who has been re2 leased on bail;

3 (2) the term ‘‘bounty hunter’’—

4 (A) means any person whose services are

5 engaged, either as an independent contractor or

6 as an employee of a bounty hunter employer, to

7 obtain the recovery of any fugitive from justice

8 who has been released on bail; and

9 (B) does not include any—

10 (i) law enforcement officer acting

11 under color of law;

12 (ii) attorney, accountant, or other pro13 fessional licensed under applicable State

14 law;

15 (iii) employee whose duties are pri16 marily internal audit or credit functions;

17 (iv) person while engaged in the per18 formance of official duties as a member of

19 the Armed Forces on active duty (as de20 fined in section 101(d)(1) of title 10,

21 United States Code); or

22 (v) bail bond agent;

23 (3) the term ‘‘bounty hunter employer’’—

24 (A) means any person that—
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1 (i) employs 1 or more bounty hunters;

2 or

3 (ii) provides, as an independent con4 tractor, for consideration, the services of 1

5 or more bounty hunters (which may in6 clude the services of that person); and

7 (B) does not include any bail bond agent;

8 and

9 (4) the term ‘‘law enforcement officer’’ means

10 a public officer or employee authorized under appli11 cable Federal or State law to conduct or engage in

12 the prevention, investigation, prosecution, or adju13 dication of criminal offenses, including any public of14 ficer or employee engaged in corrections, parole, or

15 probation functions, or the recovery of any fugitive

16 from justice.

17 (d) MODEL GUIDELINES.—

18 (1) IN GENERAL.—Not later than 180 days

19 after the date of enactment of this Act, the Attorney

20 General shall develop model guidelines for the State

21 control and regulation of persons employed or apply22 ing for employment as bounty hunters. In developing

23 such guidelines, the Attorney General shall consult

24 with organizations representing—
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1 (A) State and local law enforcement offi2 cers;

3 (B) State and local prosecutors;

4 (C) the criminal defense bar;

5 (D) bail bond agents;

6 (E) bounty hunters; and

7 (F) corporate sureties.

8 (2) RECOMMENDATIONS.—The guidelines devel9 oped under paragraph (1) shall include recommenda10 tions of the Attorney General regarding whether—

11 (A) a person seeking employment as a

12 bounty hunter should—

13 (i) be required to submit to a finger14 print-based criminal background check

15 prior to entering into the performance of

16 duties pursuant to employment as a boun17 ty hunter; or

18 (ii) not be allowed to obtain such em19 ployment if that person has been convicted

20 of a felony offense under Federal or State

21 law;

22 (B) bounty hunters and bounty hunter em23 ployers should be required to obtain adequate

24 liability insurance for actions taken in the
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1 course of performing duties pursuant to em2 ployment as a bounty hunter; and

3 (C) State laws should provide—

4 (i) for the prohibition on bounty hunt5 ers entering any private dwelling, unless

6 the bounty hunter first knocks on the front

7 door and announces the presence of 1 or

8 more bounty hunters; and

9 (ii) the official recognition of bounty

10 hunters from other States.

11 (3) EFFECT ON BAIL.—The guidelines pub12 lished under paragraph (1) shall include an analysis

13 of the estimated effect, if any, of the adoption of the

14 guidelines by the States on—

15 (A) the cost and availability of bail; and

16 (B) the bail bond agent industry.

17 (4) NO REGULATORY AUTHORITY.—Nothing in

18 this subsection may be construed to authorize the

19 promulgation of any Federal regulation relating to

20 bounty hunters, bounty hunter employers, or bail

21 bond agents.

22 (5) PUBLICATION OF GUIDELINES.—The Attor23 ney General shall publish model guidelines developed

24 pursuant to paragraph (1) in the Federal Register.
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1 Subtitle H—Deterring Cargo Theft

2 SEC. 3801. PUNISHMENT OF CARGO THEFT.

3 (a) IN GENERAL.—Section 659 of title 18, United

4 States Code, is amended—

5 (1) by striking ‘‘with intent to convert to his

6 own use’’ each place that term appears;

7 (2) in the first undesignated paragraph—

8 (A) by inserting ‘‘trailer,’’ after

9 ‘‘motortruck,’’;

10 (B) by inserting ‘‘air cargo container,’’

11 after ‘‘aircraft,’’; and

12 (C) by inserting ‘‘, or from any intermodal

13 container, trailer, container freight station,

14 warehouse, or freight consolidation facility,’’

15 after ‘‘air navigation facility’’;

16 (3) in the fifth undesignated paragraph, by

17 striking ‘‘one year’’ and inserting ‘‘3 years’’;

18 (4) in the penultimate undesignated paragraph,

19 by inserting after the first sentence the following:

20 ‘‘For purposes of this section, goods and chattel

21 shall be construed to be moving as an interstate or

22 foreign shipment at all points between the point of

23 origin and the final destination (as evidenced by the

24 waybill or other shipping document of the shipment),
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1 regardless of any temporary stop while awaiting

2 transshipment or otherwise.’’; and

3 (5) by adding at the end the following:

4 ‘‘It shall be an affirmative defense (on which the de5 fendant bears the burden of persuasion by a preponder6 ance of the evidence) to an offense under this section that

7 the defendant bought, received, or possessed the goods,

8 chattels, money, or baggage at issue with the sole intent

9 to report the matter to an appropriate law enforcement

10 officer or to the owner of the goods, chattels, money, or

11 baggage.’’.

12 (b) FEDERAL SENTENCING GUIDELINES.—Pursuant

13 to section 994 of title 28, United States Code, the United

14 States Sentencing Commission shall review the Federal

15 sentencing guidelines under section 659 of title 18, United

16 States Code, as amended by this section and, upon com17 pletion of the review, promulgate amendments to the Fed18 eral Sentencing Guidelines to provide appropriate en19 hancement of the applicable guidelines.

20 SEC. 3802. REPORTS TO CONGRESS ON CARGO THEFT.

21 The Attorney General shall annually submit to Con22 gress a report, which shall include an evaluation of law

23 enforcement activities relating to the investigation and

24 prosecution of offenses under section 659 of title 18,

25 United States Code, as amended by this section.
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1 SEC. 3803. ESTABLISHMENT OF ADVISORY COMMITTEE ON

2 CARGO THEFT.

3 (a) ESTABLISHMENT.—

4 (1) IN GENERAL.—There is established a Com5 mittee to be known as the Advisory Committee on

6 Cargo Theft (in this section referred to as the

7 ‘‘Committee’’).

8 (2) MEMBERSHIP.—

9 (A) COMPOSITION.—The Committee shall

10 be composed of 6 members, who shall be ap11 pointed by the President, of whom—

12 (i) 1 shall be an officer or employee of

13 the Department of Justice;

14 (ii) 1 shall be an officer or employee

15 of the Department of Transportation;

16 (iii) 1 shall be an officer or employee

17 of the Department of the Treasury; and

18 (iv) 3 shall be individuals from the

19 private sector who are experts in cargo se20 curity.

21 (B) DATE.—The appointments of the ini22 tial members of the Committee shall be made

23 not later than 30 days after the date of enact24 ment of this Act.

25 (3) PERIOD OF APPOINTMENT; VACANCIES.—

26 Each member of the Committee shall be appointed
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1 for the life of the Committee. Any vacancy in the

2 Committee shall not affect its powers, but shall be

3 filled in the same manner as the original appoint4 ment.

5 (4) INITIAL MEETING.—Not later than 15 days

6 after the date on which all initial members of the

7 Committee have been appointed, the Committee shall

8 hold its first meeting.

9 (5) MEETINGS.—The Committee shall meet,

10 not less frequently than quarterly, at the call of the

11 Chairperson.

12 (6) QUORUM.—A majority of the members of

13 the Committee shall constitute a quorum, but a less14 er number of members may hold hearings.

15 (7) CHAIRPERSON.—The President shall select

16 1 member of the Committee to serve as the Chair17 person of the Committee.

18 (b) DUTIES.—

19 (1) STUDY.—The Committee shall conduct a

20 thorough study of, and develop recommendations

21 with respect to, all matters relating to—

22 (A) the establishment of a national com23 puter database for the collection and dissemina24 tion of information relating to violations of sec-
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1 tion 659 of title 18, United States Code (as

2 added by section 3801(a) of this title); and

3 (B) the establishment of an office within

4 the Federal Government to promote cargo secu5 rity and to increase coordination between the

6 Federal Government and the private sector with

7 respect to cargo security.

8 (2) REPORT.—Not later than 1 year after the

9 date of enactment of this Act, the Committee shall

10 submit to the President and to Congress a report,

11 which shall contain a detailed statement of results of

12 the study and the recommendations of the Commit13 tee under paragraph (1).

14 (c) POWERS.—

15 (1) HEARINGS.—The Committee may hold such

16 hearings, sit and act at such times and places, take

17 such testimony, and receive such evidence as the

18 Committee considers advisable to carry out the pur19 poses of this section.

20 (2) INFORMATION FROM FEDERAL AGENCIES.—

21 The Committee may secure directly from any Fed22 eral department or agency such information as the

23 Committee considers necessary to carry out the pro24 visions of this section. Upon request of the Chair25 person of the Committee, the head of such depart-
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1 ment or agency shall furnish such information to the

2 Committee.

3 (3) POSTAL SERVICES.—The Committee may

4 use the United States mails in the same manner and

5 under the same conditions as other departments and

6 agencies of the Federal Government.

7 (4) GIFTS.—The Committee may accept, use,

8 and dispose of gifts or donations of services or prop9 erty.

10 (d) PERSONNEL MATTERS.—

11 (1) COMPENSATION OF MEMBERS.—

12 (A) NON-FEDERAL MEMBERS.—Each

13 member of the Committee who is not an officer

14 or employee of the Federal Government shall be

15 compensated at a rate equal to the daily equiva16 lent of the annual rate of basic pay prescribed

17 for level IV of the Executive Schedule under

18 section 5315 of title 5, United States Code, for

19 each day (including travel time) during which

20 such member is engaged in the performance of

21 the duties of the Committee.

22 (B) FEDERAL MEMBERS.—Each member

23 of the Committee who is an officer or employee

24 of the United States shall serve without com25 pensation in addition to that received for their
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1 service as an officer or employee of the United

2 States.

3 (2) TRAVEL EXPENSES.—The members of the

4 Committee shall be allowed travel expenses, includ5 ing per diem in lieu of subsistence, at rates author6 ized for employees of agencies under subchapter I of

7 chapter 57 of title 5, United States Code, while

8 away from their homes or regular places of business

9 in the performance of services for the Committee.

10 (3) STAFF.—

11 (A) IN GENERAL.—The Chairperson of the

12 Committee may, without regard to the civil

13 service laws and regulations, appoint and termi14 nate an executive director and such other addi15 tional personnel as may be necessary to enable

16 the Committee to perform its duties. The em17 ployment of an executive director shall be sub18 ject to confirmation by the Committee.

19 (B) COMPENSATION.—The Chairperson of

20 the Committee may fix the compensation of the

21 executive director and other personnel without

22 regard to the provisions of chapter 51 and sub23 chapter III of chapter 53 of title 5, United

24 States Code, relating to classification of posi25 tions and General Schedule pay rates, except
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1 that the rate of pay for the executive director

2 and other personnel may not exceed the rate

3 payable for level V of the Executive Schedule

4 under section 5316 of such title.

5 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

6 Any Federal Government employee may be detailed

7 to the Committee without reimbursement, and such

8 detail shall be without interruption or loss of civil

9 service status or privilege.

10 (5) PROCUREMENT OF TEMPORARY AND INTER11 MITTENT SERVICES.—The Chairperson of the Com12 mittee may procure temporary and intermittent serv13 ices under section 3109(b) of title 5, United States

14 Code, at rates for individuals which do not exceed

15 the daily equivalent of the annual rate of basic pay

16 prescribed for level V of the Executive Schedule

17 under section 5316 of such title.

18 (e) TERMINATION.—The Committee shall terminate

19 90 days after the date on which the Committee submits

20 the report under subsection (b)(2).

21 (f) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) IN GENERAL.—There are authorized to be

23 appropriated such sums as may be necessary to the

24 Committee to carry out the purposes of this section.
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1 (2) AVAILABILITY.—Any sums appropriated

2 under the authorization contained in this section

3 shall remain available, without fiscal year limitation,

4 until expended.

5 SEC. 3804. ADDITION OF ATTEMPTED THEFT AND COUN6 TERFEITING OFFENSES TO ELIMINATE GAPS

7 AND INCONSISTENCIES IN COVERAGE.

8 (a) IN GENERAL.—

9 (1) EMBEZZLEMENT AGAINST ESTATE.—Sec10 tion 153(a) of title 18, United States Code, is

11 amended by inserting ‘‘, or attempts so to appro12 priate, embezzle, spend, or transfer,’’ before ‘‘any

13 property’’.

14 (2) PUBLIC MONEY.—Section 641 of title 18,

15 United States Code, is amended by striking ‘‘or’’ at

16 the end of the first paragraph and by inserting after

17 such paragraph the following:

18 ‘‘Whoever attempts to commit an offense described in the

19 preceding paragraph; or’’.

20 (3) THEFT BY BANK EXAMINER.—Section 655

21 of title 18, United States Code, is amended by in22 serting ‘‘or attempts to steal or so take,’’ after ‘‘un23 lawfully takes,’’.

24 (4) THEFT, EMBEZZLEMENT, OR

25 MISAPPLICATION BY BANK OFFICER OR EM-
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1 PLOYEE.—Sections 656 and 657 of title 18, United

2 States Code, are each amended—

3 (A) by inserting ‘‘, or attempts to embez4 zle, abstract, purloin, or willfully misapply,’’

5 after ‘‘willfully misapplies’’; and

6 (B) by inserting ‘‘or attempted to be em7 bezzled, abstracted, purloined, or misapplied’’

8 after ‘‘misapplied’’.

9 (5) PROPERTY MORTGAGED OR PLEDGED TO

10 FARM CREDIT AGENCIES.—Section 658 of title 18,

11 United States Code, is amended by inserting ‘‘or at12 tempts so to remove, dispose of, or convert,’’ before

13 ‘‘any property’’.

14 (6) INTERSTATE OR FOREIGN SHIPMENTS.—

15 Section 659 of title 18, United States Code, is

16 amended—

17 (A) in the first and third paragraphs, by

18 inserting ‘‘or attempts to embezzle, steal, or so

19 take or carry away,’’ after ‘‘carries away,’’; and

20 (B) in the fourth paragraph by inserting

21 ‘‘or attempts to embezzle, steal, or so take,’’ be22 fore ‘‘from any railroad car’’.

23 (7) WITHIN SPECIAL MARITIME AND TERRI24 TORIAL JURISDICTION.—Section 661 of title 18,

25 United States Code, is amended—
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1 (A) by inserting ‘‘or attempts so to take

2 and carry away,’’ before ‘‘any personal prop3 erty’’; and

4 (B) by inserting ‘‘or attempted to be

5 taken’’ after ‘‘taken’’ each place it appears.

6 (8) THEFT OR EMBEZZLEMENT FROM EM7 PLOYEE BENEFIT PLANS.—Section 664 of title 18,

8 United States Code, is amended by inserting ‘‘or at9 tempts to embezzle, steal, or so abstract or convert,’’

10 before ‘‘any of the moneys’’.

11 (9) THEFT OR EMBEZZLEMENT FROM EMPLOY12 MENT AND TRAINING FUNDS.—Section 665(a) of

13 title 18, United States Code, is amended—

14 (A) by inserting ‘‘, or attempts to embez15 zle, so misapply, steal, or obtain by fraud,’’ be16 fore ‘‘any of the moneys’’; and

17 (B) by inserting ‘‘or attempted to be em18 bezzled, misapplied, stolen, or obtained by

19 fraud’’ after ‘‘obtained by fraud’’.

20 (10) THEFT OR BRIBERY CONCERNING PRO21 GRAMS RECEIVING FEDERAL FUNDS.—Section

22 666(a)(1)(A) of title 18, United States Code, is

23 amended by inserting ‘‘or attempts to embezzle,

24 steal, obtain by fraud, or so convert or misapply,’’

25 before ‘‘property’’.
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1 (11) FALSE PRETENSES ON HIGH SEAS.—Sec2 tion 1025 of title 18, United States Code, is

3 amended—

4 (A) by inserting ‘‘or attempts to obtain’’

5 after ‘‘obtains’’; and

6 (B) by inserting ‘‘or attempted to be ob7 tained’’ after ‘‘obtained’’.

8 (12) EMBEZZLEMENT AND THEFT FROM IN9 DIAN TRIBAL ORGANIZATIONS.—Section 1163 of title

10 18, United States Code, is amended by inserting

11 ‘‘attempts so to embezzle, steal, convert, or mis12 apply,’’ after ‘‘willfully misapplies,’’.

13 (13) THEFT FROM GROUP ESTABLISHMENTS ON

14 INDIAN LANDS.—Section 1167 (a) and (b) of title

15 18, United States Code, are each amended by insert16 ing ‘‘or attempts so to abstract, purloin, misapply,

17 or take and carry away,’’ before ‘‘any money’’.

18 (14) THEFT BY OFFICERS AND EMPLOYEES OF

19 GAMING ESTABLISHMENTS ON INDIAN LANDS.—Sec20 tion 1168 (a) and (b) of title 18, United States

21 Code, are each amended by inserting ‘‘or attempts

22 so to embezzle, abstract, purloin, misapply, or take

23 and carry away,’’ before ‘‘any moneys,’’.

24 (15) THEFT OF PROPERTY USED BY THE POST25 AL SERVICE.—Section 1707 of title 18, United
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1 States Code, is amended by inserting ‘‘, or attempts

2 to steal, purloin, or embezzle,’’ before ‘‘any prop3 erty’’ and by inserting ‘‘or attempts to appropriate’’

4 after ‘‘appropriates’’.

5 (16) THEFT IN RECEIPT OF STOLEN MAIL MAT6 TER.—Section 1708 of title 18, United States Code,

7 is amended in the second paragraph by inserting ‘‘or

8 attempts to steal, take, or abstract,’’ after ‘‘ab9 stracts,’’ and by inserting ‘‘, or attempts so to ob10 tain,’’ after ‘‘obtains’’.

11 (17) THEFT OF MAIL MATTER BY OFFICER OR

12 EMPLOYEE.—Section 1709 of title 18, United States

13 Code, is amended—

14 (A) by inserting ‘‘or attempts to embezzle’’

15 after ‘‘embezzles’’; and

16 (B) by inserting ‘‘, or attempts to steal,

17 abstract, or remove,’’ after ‘‘removes’’.

18 (18) MISAPPROPRIATION OF POSTAL FUNDS.—

19 Section 1711 of title 18, United States Code, is

20 amended by inserting ‘‘or attempts to loan, use,

21 pledge, hypothecate, or convert to his own use,’’

22 after ‘‘use’’.

23 (19) BANK ROBBERY AND INCIDENTAL

24 CRIMES.—Section 2113(b) of title 18, United States

25 Code, is amended by inserting ‘‘or attempts so to
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1 take and carry away,’’ before ‘‘any property’’ each

2 place it appears.

3 (b) SECURITIES CRIMES.—

4 (1) POSSESSION OF TOOLS.—Section 477 of

5 title 18, United States Code, is amended by insert6 ing ‘‘, or attempts so to sell, give, or deliver,’’ before

7 ‘‘any such imprint’’.

8 (2) UTTERING COUNTERFEIT FOREIGN OBLIGA9 TIONS OR SECURITIES.—Section 479 of title 18,

10 United States Code, is amended by inserting ‘‘or at11 tempts to utter or pass,’’ after ‘‘passes,’’.

12 (3) MINOR COINS.—Section 490 of title 18,

13 United States Code, is amended by inserting ‘‘at14 tempts to pass, utter, or sell,’’ before ‘‘or possesses’’.

15 (4) SECURITIES OF STATES AND PRIVATE ENTI16 TIES.—Section 513(a) of title 18, United States

17 Code, is amended by inserting ‘‘or attempts to

18 utter,’’ after ‘‘utters’’.

19 SEC. 3805. CLARIFICATION OF SCIENTER REQUIREMENT

20 FOR RECEIVING PROPERTY STOLEN FROM

21 AN INDIAN TRIBAL ORGANIZATION.

22 Section 1163 of title 18, United States Code, is

23 amended in the second paragraph by striking ‘‘so’’.
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1 SEC. 3806. LARCENY INVOLVING POST OFFICE BOXES AND

2 POSTAL STAMP VENDING MACHINES.

3 Section 2115 of title 18, United States Code, is

4 amended—

5 (1) by striking ‘‘or’’ before ‘‘any building’’;

6 (2) by inserting ‘‘or any post office box or post7 al stamp vending machine for the sale of stamps

8 owned by the Postal Service,’’ after ‘‘used in whole

9 or in part as a post office,’’; and

10 (3) by inserting ‘‘or in such box or machine,’’

11 after ‘‘so used’’.

12 SEC. 3807. EXPANSION OF FEDERAL THEFT OFFENSES TO

13 COVER THEFT OF VESSELS.

14 (a) VESSEL DEFINED.—Section 2311 of title 18,

15 United States Code, is amended by adding at the end the

16 following:

17 ‘‘ ‘Vessel’ means any watercraft or other contrivance

18 used or designed for transportation or navigation on,

19 under, or immediately above, water.’’.

20 (b) TRANSPORTATION OF STOLEN VEHICLES; SALE

21 OR RECEIPT OF STOLEN VEHICLES.—Sections 2312 and

22 2313 of title 18, United States Code, are each amended

23 by striking ‘‘motor vehicle or aircraft’’ and inserting

24 ‘‘motor vehicle, vessel, or aircraft’’.
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1 Subtitle I—Improvements to

2 Federal Criminal Law

3 PART 1—SENTENCING IMPROVEMENTS

4 SEC. 3911. APPLICATION OF SENTENCING GUIDELINES TO

5 ALL PERTINENT STATUTES.

6 Section 994(a) of title 28, United States Code, is

7 amended by striking ‘‘consistent with all pertinent provi8 sions of this title and title 18, United States Code,’’ and

9 inserting ‘‘consistent with all pertinent provisions of any

10 Federal statute’’.

11 SEC. 3912. DOUBLING MAXIMUM PENALTY FOR VOLUNTARY

12 MANSLAUGHTER.

13 Section 1112(b) of title 18, United States Code, is

14 amended by striking ‘‘ten years’’ and inserting ‘‘20

15 years’’.

16 SEC. 3913. AUTHORIZATION OF IMPOSITION OF BOTH A

17 FINE AND IMPRISONMENT RATHER THAN

18 ONLY EITHER PENALTY IN CERTAIN OF19 FENSES.

20 (a) POWER OF COURT.—Section 401 of title 18,

21 United States Code, is amended by inserting ‘‘or both,’’

22 after ‘‘fine or imprisonment,’’.

23 (b) DESTRUCTION OF LETTER BOXES OR MAIL.—

24 Section 1705 of title 18, United States Code, is amended

25 by inserting ‘‘, or both’’ after ‘‘years’’.
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1 SEC. 3914. ADDITION OF SUPERVISED RELEASE VIOLATION

2 AS PREDICATES FOR CERTAIN OFFENSES.

3 (a) IN GENERAL.—Sections 1512(a)(1)(C),

4 1512(b)(3), 1512(c)(2), 1513(a)(1)(B), and 1513(b)(2)

5 are each amended by striking ‘‘violation of conditions of

6 probation, parole or release pending judicial proceedings’’

7 and inserting ‘‘violation of conditions of probation, super8 vised release, parole, or release pending judicial proceed9 ings’’.

10 (b) RELEASE OR DETENTION OF DEFENDANT PEND11 ING TRIAL.—Section 3142 of title 18, United States Code,

12 is amended—

13 (1) in subsection (d)(1)(A)(iii), by inserting ‘‘,

14 supervised release,’’ after ‘‘probation’’; and

15 (2) in subsection (g)(3)(B), by inserting ‘‘or su16 pervised release’’ after ‘‘probation’’.

17 SEC. 3915. AUTHORITY OF COURT TO IMPOSE A SENTENCE

18 OF PROBATION OR SUPERVISED RELEASE

19 WHEN REDUCING A SENTENCE OF IMPRISON20 MENT IN CERTAIN CASES.

21 Section 3582(c)(1)(A) of title 18, United States

22 Code, is amended by inserting ‘‘(and may impose a sen23 tence of probation or supervised release with or without

24 conditions)’’ after ‘‘may reduce the term of imprison25 ment’’.
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1 SEC. 3916. INCREASED PENALTY FOR RACKETEERING AC2 TIVITY.

3 Section 1959(a)(5) of title 18, United States Code,

4 is amended by substituting ‘‘twenty’’ for ‘‘ten’’.

5 PART 2—ADDITIONAL IMPROVEMENTS TO

6 FEDERAL CRIMINAL LAW

7 SEC. 3921. VIOLENCE DIRECTED AT DWELLINGS IN INDIAN

8 COUNTRY.

9 Section 1153(a) of title 18, United States Code, is

10 amended by inserting ‘‘or 1363’’ after ‘‘section 661’’.

11 SEC. 3922. CORRECTIONS TO AMBER HAGERMAN CHILD

12 PROTECTION ACT.

13 (a) AGGRAVATED SEXUAL ABUSE.—Section 2241(c)

14 of title 18, United States Code, is amended by striking

15 ‘‘younger than that person’’ and inserting ‘‘younger than

16 the person so engaging’’.

17 (b) SEXUAL ABUSE OF A MINOR OR WARD.—Section

18 2243(a) of title 18, United States Code, is amended—

19 (1) by striking ‘‘Whoever’’ and inserting ‘‘Ex20 cept as provided in section 2241(c) of this title, who21 ever’’; and

22 (2) by striking ‘‘crosses a State line with intent

23 to engage in a sexual act with a person who has not

24 attained the age of 12 years, or’’.

25 (c) DEFINITIONS.—Section 2246 of title 18, United

26 States Code, is amended—
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1 (1) in paragraph (4), by striking the period and

2 inserting a semicolon;

3 (2) in paragraph (5), by striking the period and

4 inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(6) the term ‘State’ means a State of the

7 United States, the District of Columbia, and any

8 commonwealth, possession, or territory of the United

9 States.’’.

10 SEC. 3923. ELIMINATION OF ‘‘BODILY HARM’’ ELEMENT IN

11 ASSAULT WITH A DANGEROUS WEAPON OF12 FENSE.

13 Section 113(a)(3) of title 18, United States Code, is

14 amended by striking ‘‘with intent to do bodily harm, and’’.

15 SEC. 3924. APPEALS FROM CERTAIN DISMISSALS.

16 Section 3731 of title 18, United States Code, is

17 amended by inserting ‘‘or any part thereof’’ after ‘‘as to

18 any one or more counts’’.

19 SEC. 3925. AUTHORITY FOR INJUNCTION AGAINST DIS20 POSAL OF ILL-GOTTEN GAINS FROM VIOLA21 TIONS OF FRAUD STATUTES.

22 Section 1345(a)(2) of title 18, United States Code,

23 is amended by inserting ‘‘violation of this chapter or sec24 tion 287, 371 (insofar as such violation involves a conspir-
217

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1 acy to defraud the United States or any agency thereof),

2 or 1001 of this title or of a’’ after ‘‘as a result of a’’.

3 SEC. 3926. EXPANSION OF INTERSTATE TRAVEL FRAUD

4 STATUTE TO COVER INTERSTATE TRAVEL BY

5 PERPETRATOR.

6 Section 2314 of title 18, United States Code, is

7 amended in the second undesignated paragraph—

8 (1) by inserting ‘‘travels in,’’ before ‘‘transports

9 or causes to be transported, or induce any person or

10 persons to travel in’’; and

11 (2) by inserting a comma after ‘‘transports’’.

12 SEC. 3927. CLARIFICATION OF SCOPE OF UNAUTHORIZED

13 SELLING OF MILITARY MEDALS OR DECORA14 TIONS.

15 Section 704(b)(2) of title 18, United States Code, is

16 amended by striking ‘‘with respect to a Congressional

17 Medal of Honor’’.

18 SEC. 3928. AMENDMENT TO SECTION 669 TO CONFORM TO

19 PUBLIC LAW 104–294.

20 Section 669 of title 18, United States Code, is

21 amended by striking ‘‘$100’’ and inserting ‘‘$1,000’’.

22 SEC. 3929. EXPANSION OF JURISDICTION OVER CHILD BUY23 ING AND SELLING OFFENSES.

24 Section 2251A(c)(3) of title 18, United States Code,

25 is amended by striking ‘‘in any territory or possession of
218

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1 the United States’’ and inserting ‘‘in the special maritime

2 and territorial jurisdiction of the United States or in any

3 commonwealth, territory, or possession of the United

4 States’’.

5 SEC. 3930. ASSAULT AS A RICO PREDICATE.

6 Section 1961(1)(A) of title 18, United States Code,

7 is amended by adding after ‘‘extortion,’’ ‘‘assault’’.

8 SEC. 3931. LIMITS ON DISCLOSURE OF WIRETAP ORDERS.

9 Section 2518(9) of title 18, United States Code, is

10 amended by inserting ‘‘aggrieved’’ before the word

11 ‘‘party’’ wherever it appears.

12 SEC. 3932. SAFE AND SOBER STREETS.

13 (a) SHORT TITLE.—This section may be cited as the

14 ‘‘Safe and Sober Streets Act of 1999’’.

15 (b) NATIONAL STANDARD TO PROHIBIT OPERATION

16 OF MOTOR VEHICLES BY INTOXICATED INDIVIDUALS.—

17 (1) IN GENERAL.—Subchapter I of chapter 1 of

18 title 23, United States Code, is amended by adding

19 at the end the following:

20 ‘‘§ 165. National standard to prohibit operation of

21 motor vehicles by intoxicated individuals

22 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON23 COMPLIANCE.—

24 ‘‘(1) FISCAL YEAR 2003.—The Secretary shall

25 withhold 5 percent of the amount required to be ap-
219

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1 portioned to any State under each of paragraphs

2 (1), (3), and (4) of section 104(b) on October 1,

3 2002, if the State does not meet the requirements

4 of paragraph (3) on that date.

5 ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec6 retary shall withhold 10 percent (including any

7 amounts withheld under paragraph (1)) of the

8 amount required to be apportioned to any State

9 under each of paragraphs (1), (3), and (4) of section

10 104(b) on October 1, 2003, and on October 1 of

11 each fiscal year thereafter, if the State does not

12 meet the requirements of paragraph (3) on that

13 date.

14 ‘‘(3) REQUIREMENTS.—A State meets the re15 quirements of this paragraph if the State has en16 acted and is enforcing a law providing that an indi17 vidual who has an alcohol concentration of 0.08 per18 cent or greater while operating a motor vehicle in

19 the State is guilty of the offense of driving while in20 toxicated (or an equivalent offense that carries the

21 greatest penalty under the law of the State for oper22 ating a motor vehicle after having consumed alco23 hol).

24 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI25 ANCE AND NONCOMPLIANCE.—
220

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1 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

2 FUNDS.—

3 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

4 SEPTEMBER 30, 2004.—Any funds withheld

5 under subsection (a) from apportionment to any

6 State on or before September 30, 2004, shall

7 remain available until the end of the third fiscal

8 year following the fiscal year for which the

9 funds are authorized to be appropriated.

10 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM11 BER 30, 2004.—No funds withheld under this

12 section from apportionment to any State after

13 September 30, 2004, shall be available for ap14 portionment to the State.

15 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

16 AFTER COMPLIANCE.—If, before the last day of the

17 period for which funds withheld under subsection (a)

18 from apportionment are to remain available for ap19 portionment to a State under paragraph (1)(A), the

20 State meets the requirements of subsection (a)(3),

21 the Secretary shall, on the first day on which the

22 State meets the requirements, apportion to the State

23 the funds withheld under subsection (a) that remain

24 available for apportionment to the State.
221

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1 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE2 QUENTLY APPORTIONED FUNDS.—

3 ‘‘(A) IN GENERAL.—Any funds appor4 tioned under paragraph (2) shall remain avail5 able for expenditure until the end of the third

6 fiscal year following the fiscal year in which the

7 funds are so apportioned.

8 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

9 Sums not obligated at the end of the period re10 ferred to in subparagraph (A) shall lapse.

11 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

12 end of the period for which funds withheld under

13 subsection (a) from apportionment are available for

14 apportionment to a State under paragraph (1)(A),

15 the State does not meet the requirements of sub16 section (a)(3), the funds shall lapse.’’.

17 (2) CONFORMING AMENDMENT.—The analysis

18 for subchapter I of chapter 1 of title 23, United

19 States Code, is amended by adding at the end the

20 following:

‘‘165. National standard to prohibit operation of motor vehicles by intoxicated

individuals.’’.

21 SEC. 3933. TECHNICAL AMENDMENTS RELATING TO CRIMI22 NAL LAW AND PROCEDURE.

23 (a) MISSING AND INCORRECT WORDS.—
222

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1 (1) CORRECTION OF GARBLED SENTENCE.—

2 Section 510(c) of title 18, United States Code, is

3 amended by striking ‘‘fine of under this title’’ and

4 inserting ‘‘fine under this title’’.

5 (2) INSERTION OF MISSING WORDS.—Section

6 981(d) of title 18, United States Code, is amended

7 by striking ‘‘proceeds from the sale of this section’’

8 and inserting ‘‘proceeds from the sale of such prop9 erty under this section’’.

10 (3) CORRECTION OF INCORRECT WORD.—Sec11 tions 1425 through 1427, 1541 through 1544, and

12 1546(a) of title 18, United States Code, are each

13 amended by striking ‘‘to facility’’ and inserting ‘‘to

14 facilitate’’.

15 (4) CORRECTING ERRONEOUS AMENDATORY

16 LANGUAGE ON EXECUTED AMENDMENT.—

17 (A) IN GENERAL.—Section 60003(a)(13)

18 of the Violent Crime Control and Law Enforce19 ment Act of 1994 is amended by striking

20 $1,000,000 or imprisonment’’ and inserting

21 ‘‘$1,000,000 and imprisonment’’.

22 (B) EFFECTIVE DATE.—The amendment

23 made by subparagraph (A) shall apply as if

24 that subsection had been enacted on the date of

25 enactment of the Violent Crime Control and
223

•S 9 IS

1 Law Enforcement Act of 1994 (18 Stat. 1796

2 et seq.).

3 (5) INSERTION OF MISSING WORD.—Section

4 3286 of title 18, United States Code, is amended by

5 inserting ‘‘section’’ before ‘‘2332b’’.

6 (6) CORRECTION OF REFERENCE TO SHORT

7 TITLE OF LAW.—Section 2332d(a) of title 18,

8 United States Code, is amended by inserting ‘‘of

9 1979’’ after ‘‘Export Administration Act’’.

10 (7) ELIMINATION OF TYPO.—Section 1992(b)

11 of title 18, United States Code, is amended by strik12 ing ‘‘term or years’’ and inserting ‘‘term of years’’.

13 (8) SPELLING CORRECTION.—Section 2339A(a)

14 of title 18, United States Code, is amended by strik15 ing ‘‘or an escape’’ and inserting ‘‘of an escape’’.

16 (9) SECTION 3553.—Section 3553(e) of title 18,

17 United States Code, is amended by inserting ‘‘a’’ be18 fore ‘‘minimum’’.

19 (10) MISPLACED WORDS IN STATEMENT OF

20 PENALTY.—Section 2251(d) of title 18, United

21 States Code, is amended by striking ‘‘or imprisoned

22 not less than 10 years nor more than 20 years, and

23 both’’ and inserting ‘‘and imprisoned not less than

24 10 nor more than 20 years’’.
224

•S 9 IS

1 (b) MARGINS, PUNCTUATION, AND SIMILAR ER2 RORS.—

3 (1) MARGIN ERROR.—Section 1030(c)(2) of

4 title 18, United States Code, is amended so that the

5 margins of subparagraph (B) and each of its clauses

6 are indented appropriately.

7 (2) CORRECTING CAPITALIZATION IN LAN8 GUAGE TO BE STRICKEN.—

9 (A) IN GENERAL.—The amendment to sec10 tion 11716(g)(2) of title 18, United States

11 Code, contained in section 607(g)(2) of the

12 Economic Espionage Act of 1996 (110 Stat.

13 3511) shall be deemed to strike ‘‘State, terri14 tory, or the District of Columbia’’ and insert

15 ‘‘State’’.

16 (B) EFFECTIVE DATE.—Subparagraph (A)

17 shall apply as if enacted on the date of enact18 ment of the Economic Espionage Act of 1996.

19 (3) CORRECTING PARAGRAPHING.—The mate20 rial added to section 521(a) of title 18, United

21 States Code, by section 607(q) of the Economic Es22 pionage Act of 1996 (110 Stat. 3513) is amended

23 to appear as a paragraph, indented appropriately.

24 (4) SUBSECTION PLACEMENT CORRECTION.—

25 Section 1513 of title 18, United States Code, is
225

•S 9 IS

1 amended by transferring subsection (d) so that it

2 appears following subsection (c).

3 (5) INSERTION OF PARENTHETICAL DESCRIP4 TIONS.—Section 2332b(g)(5) of title 18, United

5 States Code, is amended—

6 (A) by inserting ‘‘(relating to certain

7 killings in Federal facilities)’’ after ‘‘930(c)’’;

8 (B) by inserting ‘‘(relating to wrecking

9 trains)’’ after ‘‘1992’’; and

10 (C) by inserting ‘‘(relating to use of chemi11 cal weapons)’’ after ‘‘2332c’’.

12 (6) CORRECTION TO ALLOW FOR INSERTION OF

13 NEW SUBPARAGRAPH.—Section 1956(c)(7) of title

14 18, United States Code, is amended—

15 (A) by striking ‘‘or’’ at the end of subpara16 graph (D);

17 (B) by striking the period at the end of

18 subparagraph (E) and inserting ‘‘; or’’; and

19 (C) in subparagraph (F), by striking

20 ‘‘Any’’ and inserting ‘‘any’’.

21 (7) REDESIGNATION OF DUPLICATE PARA22 GRAPH.—Section 982(a) of title 18, United States

23 Code, is amended by redesignating the second para24 graph designated as paragraph (6) as paragraph (7).
226

•S 9 IS

1 (8) CORRECTION OF CONFUSING SUBDIVISION

2 DESIGNATION.—Section 1716 of title 18, United

3 States Code, is amended—

4 (A) by redesignating subsection (j) as sub5 section (k);

6 (B) in the first undesignated paragraph,

7 by inserting ‘‘(j)(1)’’ before ‘‘Whoever’’; and

8 (C) in the undesignated paragraph follow9 ing subsection (j)(1)—

10 (i) by striking ‘‘not more than

11 $10,000’’ and inserting ‘‘under this title’’;

12 and

13 (ii) by inserting ‘‘(2)’’ at the begin14 ning of that paragraph; and

15 (D) by inserting ‘‘(3)’’ at the beginning of

16 the undesignated paragraph following sub17 section (j)(2), as so designated.

18 (9) PUNCTUATION CORRECTION IN SECTION

19 1091.—Section 1091(b)(1) of title 18, United States

20 Code, is amended by striking ‘‘subsection (a)(1),’’

21 and inserting ‘‘subsection (a)(1)’’.

22 (10) PUNCTUATION CORRECTION IN SECTION

23 2311.—Section 2311 of title 18, United States Code,

24 is amended by striking the period after ‘‘carcasses
227

•S 9 IS

1 thereof’’ the second place that term appears and in2 serting a semicolon.

3 (11) SYNTAX CORRECTION.—Section 115(b)(2)

4 of title 18, United States Code, is amended by strik5 ing ‘‘, attempted kidnapping, or conspiracy to kid6 nap of a person’’ and inserting ‘‘or attempted kid7 napping of, or a conspiracy to kidnap a person’’.

8 (c) ELIMINATION OF REDUNDANCIES.—

9 (1) ELIMINATION OF REDUNDANT PROVI10 SION.—Section 2516(1) of title 18, United States

11 Code, is amended—

12 (A) by striking the first paragraph (p);

13 and

14 (B) by inserting ‘‘or’’ at the end of para15 graph (o).

16 (2) ELIMINATION OF DUPLICATIVE AMEND17 MENTS.—Paragraphs (1), (2), and (4) of section

18 610(b), paragraph (2) of section 601(d), paragraphs

19 (2) and (6) of section 601(f), paragraphs (1) and

20 (2)(A) of section 601(j), subsection (k) of section

21 601, subsection (d) of section 602, paragraph (4) of

22 section 604(b), and subsection (r) of section 605 of

23 the Economic Espionage Act of 1996 are each re24 pealed.
228

•S 9 IS

1 (3) ELIMINATION OF EXTRA COMMA.—Section

2 1956(c)(7)(D) of title 18, United States Code, is

3 amended—

4 (A) by striking ‘‘Code,,’’ and inserting

5 ‘‘Code,’’; and

6 (B) by striking ‘‘services),,’’ and inserting

7 ‘‘(services),’’.

8 (4) REPEAL OF SECTION GRANTING DUPLICA9 TIVE AUTHORITY.—

10 (A) Section 3503 of title 18, United States

11 Code, is repealed.

12 (B) The analysis for chapter 223 of title

13 18, United States Code, is amended by striking

14 the item relating to section 3503.

15 (5) ELIMINATION OF OUTMODED REFERENCE

16 TO PAROLE.—Section 929(b) of title 18, United

17 States Code, is amended by striking the last sen18 tence.

19 (d) CORRECTION OF OUTMODED FINE AMOUNTS.—

20 (1) IN TITLE 18, UNITED STATES CODE.—

21 (A) IN SECTION 665.—Section 665(c) of

22 title 18, United States Code, is amended by

23 striking ‘‘a fine of not more than $5,000’’ and

24 inserting ‘‘a fine under this title’’.
229

•S 9 IS

1 (B) IN SECTIONS 1924, 2075, 211B, AND

2 2236.—

3 (i) Section 1924(a) of title 18, United

4 States Code, is amended by striking ‘‘not

5 more than $1,000,’’ and inserting ‘‘under

6 this title’’.

7 (ii) Sections 2075, 2113(b), and 2236

8 of title 18, United States Code, are each

9 amended by striking ‘‘not more than

10 $1,000’’ and inserting ‘‘under this title’’.

11 (C) IN SECTION 372 AND 752.—Sections

12 372 and 752(a) of title 18, United States Code,

13 are each amended by striking ‘‘not more than

14 $5,000’’ and inserting ‘‘under this title’’.

15 (2) IN THE CONTROLLED SUBSTANCES ACT.—

16 (A) IN SECTION 401.—Section 401(e) of

17 the Controlled Substances Act (21 U.S.C.

18 841(e)) is amended—

19 (i) in paragraph (1), by striking ‘‘and

20 shall be fined not more than $10,000’’ and

21 inserting ‘‘or fined under title 18, United

22 States Code, or both’’; and

23 (ii) in paragraph (2), by striking ‘‘and

24 shall be fined not more than $20,000’’ and
230

•S 9 IS

1 inserting ‘‘or fined under title 18, United

2 States Code, or both’’.

3 (B) IN SECTION 402.—Section 402(c)(2) of

4 the Controlled Substances Act (21 U.S.C.

5 842(c)) is amended—

6 (i) in subparagraph (A), by striking

7 ‘‘of not more than $25,000’’ and inserting

8 ‘‘under title 18, United States Code’’; and

9 (ii) in subparagraph (B), by striking

10 ‘‘of $50,000’’ and inserting ‘‘under title

11 18, United States Code’’.

12 (C) IN SECTION 403.—Section 403(d) of

13 the Controlled Substances Act (21 U.S.C.

14 843(d)) is amended—

15 (i) by striking ‘‘of not more than

16 $30,000’’ each place that term appears

17 and inserting ‘‘under title 18, United

18 States Code’’; and

19 (ii) by striking ‘‘of not more than

20 $60,000’’ each place that term appears

21 and inserting ‘‘under title 18, United

22 States Code’’.

23 (e) CROSS REFERENCE CORRECTIONS.—

24 (1) CROSS REFERENCE CORRECTION OCCA25 SIONED BY ENACTMENT OF INTERVENING LAW.—
231

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1 (A) SECTION 3583.—Section 3583(d) of

2 title 18, United States Code, is amended by

3 striking ‘‘section 3563(b)(1) through (b)(10)

4 and (b)(12) through (b)(20)’’ and inserting

5 ‘‘paragraphs (1) through (9) and (11) through

6 (19) of section 3563(b)’’.

7 (B) SECTION 3563.—Section 3563(a)(2) of

8 title 18, United States Code, is amended by

9 striking the item relating to section 3503.

10 (5) ELIMINATION OF OUTMODED REFERENCE

11 TO PAROLE.—Section 929(b) of title 18, United

12 States Code, is amended by striking the last sen13 tence.

14 (d) CORRECTION OF OUTMODED FINE AMOUNTS.—

15 (1) IN TITLE 18, UNITED STATES CODE.—

16 (A) IN SECTION 665.—Section 665(c) of

17 title 18, United States Code, is amended by

18 striking ‘‘a fine of not more than $5,000’’ and

19 inserting ‘‘a fine under this title’’.

20 (B) IN SECTIONS 1924, 2075, 211B, AND

21 2236.—

22 (i) Section 1924(a) of title 18, United

23 States Code, is amended by striking ‘‘not

24 more than $1,000,’’ and inserting ‘‘under

25 this title’’.
232

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1 (ii) Sections 2075, 2113(b), and 2236

2 of title 18, United States Code, are each

3 amended by striking ‘‘not more than

4 $1,000’’ and inserting ‘‘under this title’’.

5 (C) IN SECTION 372 AND 752.—Sections

6 372 and 752(a) of title 18, United States Code,

7 are each amended by striking ‘‘not more than

8 $5,000’’ and inserting ‘‘under this title’’.

9 (2) IN THE CONTROLLED SUBSTANCES ACT.—

10 (A) IN SECTION 401.—Section 401(e) of

11 the Controlled Substances Act (21 U.S.C.

12 841(e)) is amended—

13 (i) in paragraph (1), by striking ‘‘and

14 shall be fined not more than $10,000’’ and

15 inserting ‘‘or fined under title 18, United

16 States Code, or both’’; and

17 (ii) in paragraph (2), by striking ‘‘and

18 shall be fined not more than $20,000’’ and

19 inserting ‘‘or fined under title 18, United

20 States Code, or both’’.

21 (B) IN SECTION 402.—Section 402(c)(2) of

22 the Controlled Substances Act (21 U.S.C.

23 842(c)) is amended—
233

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1 (i) in subparagraph (A), by striking

2 ‘‘of not more than $25,000’’ and inserting

3 ‘‘under title 18, United States Code’’; and

4 (ii) in subparagraph (B), by striking

5 ‘‘of $50,000’’ and inserting ‘‘under title

6 18, United States Code’’.

7 (C) IN SECTION 403.—Section 403(d) of

8 the Controlled Substances Act (21 U.S.C.

9 843(d)) is amended—

10 (i) by striking ‘‘of not more than

11 $30,000’’ each place that term appears

12 and inserting ‘‘under title 18, United

13 States Code’’; and

14 (ii) by striking ‘‘of not more than

15 $60,000’’ each place that term appears

16 and inserting ‘‘under title 18, United

17 States Code’’.

18 (e) CROSS REFERENCE CORRECTIONS.—

19 (1) CROSS REFERENCE CORRECTION OCCA20 SIONED BY ENACTMENT OF INTERVENING LAW.—

21 (A) SECTION 3583.—Section 3583(d) of

22 title 18, United States Code, is amended by

23 striking ‘‘section 3563(b)(1) through (b)(10)

24 and (b)(12) through (b)(20)’’ and inserting
234

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1 ‘‘paragraphs (1) through (9) and (11) through

2 (19) of section 3563(b)’’.

3 (B) SECTION 3563.—Section 3563(a)(2) of

4 title 18, United States Code, is amended by

5 striking ‘‘(b)(3), or (b)(13)’’ and inserting ‘‘or

6 (b)(12)’’.

7 (2) SECTION 3664.—Section 3664(o)(1)(C) of

8 title 18, United States Code, is amended by striking

9 ‘‘section 3664(d)(3)’’ and inserting ‘‘subsection

10 (d)(5)’’.

11 (3) CHAPTER 228.—Section 3592(c)(1) of title

12 18, United States Code, is amended by striking

13 ‘‘section 36’’ and inserting ‘‘section 37’’.

14 (4) CORRECTING ERRONEOUS CROSS REF15 ERENCE IN CONTROLLED SUBSTANCES ACT.—Sec16 tion 511(a)(10) of the Controlled Substances Act

17 (21 U.S.C. 881(a)(10)) is amended by striking

18 ‘‘1882 of the Mail Order Drug Paraphernalia Con19 trol Act’’ and inserting ‘‘422’’.

20 (5) CORRECTION TO REFLECT CROSS REF21 ERENCE CHANGE MADE BY OTHER LAW.—Effective

22 on the date of its enactment, section 601(c)(3) of

23 the Economic Espionage Act of 1996 (110 Stat.

24 3499) is amended by striking ‘‘247(d)’’ and insert25 ing ‘‘247(e)’’.
235

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1 (6) TYPOGRAPHICAL AND TYPEFACE ERROR IN

2 TABLE OF CONTENTS.—The item relating to chapter

3 123 in the analysis at the beginning of part I of title

4 18, United States Code, is amended—

5 (A) by striking ‘‘2271’’ and inserting

6 ‘‘2721’’; and

7 (B) so that the item appears in bold face

8 type.

9 (7) CORRECTION OCCASIONED BY ENACTMENT

10 OF INTERVENING LAW.—Section 3563(a) of title 18,

11 United States Code, is amended by striking ‘‘para12 graph (4)’’ each place it appears and inserting

13 ‘‘paragraph (5)’’.

14 (8) SECTION 3565.—Section 3565(b)(3) of title

15 18, United States Code, is amended by striking

16 ‘‘3563(a)(4)’’ and inserting ‘‘3563(a)(5)’’.

17 (9) SECTION 4104.—Section 4104(d) of title 18,

18 United States Code, is amended by striking ‘‘section

19 3653 of this title and rule 32(f) of’’ and inserting

20 ‘‘section 3565 of this title and the applicable provi21 sions of’’.

22 (10) ERROR IN AMENDATORY LANGUAGE.—Ef23 fective on the date of its enactment, section 583 of

24 the Foreign Operations, Export Financing, and Re25 lated Programs Appropriations Act, 1998 (111 Stat.
236

•S 9 IS

1 2346) is amended by striking ‘‘Section 2401’’ and

2 inserting ‘‘Section 2441’’.

3 (11) ERROR IN CROSS REFERENCE TO COURT

4 RULES.—The first sentence of section 3593(c) of

5 title 18, United States Code, is amended by striking

6 ‘‘rule 32(c)’’ and inserting ‘‘rule 32’’.

7 (12) CORRECTION OF ERRONEOUS CITE IN

8 AMENDATORY LANGUAGE.—Effective on the date of

9 the enactment of section 102 of the Economic Espio10 nage Act of 1996 (110 Stat. 3491), such section is

11 amended by striking ‘‘Section 2516(1)(c)’’ and in12 serting ‘‘Section 2516(1)(a)’’.

13 (13) SECTION 1836.—Section 1836(a) of title

14 18, United States Code, is amended by striking

15 ‘‘this section’’ and inserting ‘‘this chapter’’.

16 (14) CORRECTION OF ERRONEOUS CITE IN

17 CHAPTER 119.—Section 2510(10) of title 18, United

18 States Code, is amended by striking ‘‘shall have’’

19 and all that follows through ‘‘United States Code;’’

20 and inserting ‘‘has the meaning given that term in

21 section 3 of the Communications Act of 1934 (47

22 U.S.C. 153);’’.

23 (f) CHAPTER ANALYSIS CORRECTIONS.—

24 (1) CONFORMING SECTION HEADING.—The

25 item relating to section 1837 in the analysis for
237

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1 chapter 90 of title 18, United States Code, is

2 amended by striking ‘‘Conduct’’ and inserting ‘‘Ap3 plicability to conduct’’.

4 (2) CONFORMING HEADING TO TABLE OF SEC5 TIONS ENTRY.—The heading of section 1920 of title

6 18, United States Code, is amended by striking

7 ‘‘employee’s’’ and inserting ‘‘employees’ ’’.

8 TITLE IV—PREVENTING

9 JUVENILE CRIME

10 Subtitle A—Grants to Youth

11 Organizations

12 SEC. 4001. GRANT PROGRAM.

13 The Attorney General may make grants to States, In14 dian tribes, and national or statewide nonprofit organiza15 tions in crime prone areas, such as Boys and Girls Clubs,

16 Police Athletic Leagues, 4–H Clubs, YMCA Big Brothers

17 and Big Sisters, and Kids ’N Kops programs, for the pur18 pose of—

19 (1) providing constructive activities to youth

20 during after school hours, weekends, and school va21 cations;

22 (2) providing supervised activities in safe envi23 ronments to youth in crime prone areas;

24 (3) providing antidrug education to prevent

25 drug abuse among youth;
238

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1 (4) supporting police officer training and sala2 ries and educational materials to expand D.A.R.E.

3 America’s middle school campaign; or

4 (5) providing constructive activities to youth in

5 a safe environment through parks and other public

6 recreation areas.

7 SEC. 4002. GRANTS TO NATIONAL ORGANIZATIONS.

8 (a) APPLICATIONS.—

9 (1) ELIGIBILITY.—In order to be eligible to re10 ceive a grant under this section, the chief operating

11 officer of a national or statewide community-based

12 organization shall submit an application to the At13 torney General in such form and containing such in14 formation as the Attorney General may reasonably

15 require.

16 (2) APPLICATION REQUIREMENTS.—Each appli17 cation submitted in accordance with paragraph (1)

18 shall include—

19 (A) a request for a grant to be used for

20 the purposes described in this subtitle;

21 (B) a description of the communities to be

22 served by the grant, including the nature of ju23 venile crime, violence, and drug use in the com24 munities;
239

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1 (C) written assurances that Federal funds

2 received under this subtitle will be used to sup3 plement and not supplant, non-Federal funds

4 that would otherwise be available for activities

5 funded under this subtitle;

6 (D) written assurances that all activities

7 will be supervised by an appropriate number of

8 responsible adults;

9 (E) a plan for assuring that program ac10 tivities will take place in a secure environment

11 that is free of crime and drugs; and

12 (F) any additional statistical or financial

13 information that the Attorney General may rea14 sonably require.

15 (b) GRANT AWARDS.—In awarding grants under this

16 section, the Attorney General shall consider—

17 (1) the ability of the applicant to provide the

18 stated services;

19 (2) the history and establishment of the appli20 cant in providing youth activities on a national or

21 statewide basis; and

22 (3) the extent to which the organizations shall

23 achieve an equitable geographic distribution of the

24 grant awards.
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1 SEC. 4003. GRANTS TO STATES.

2 (a) APPLICATIONS.—

3 (1) IN GENERAL.—The Attorney General may

4 make grants under this section to States for dis5 tribution to units of local government and commu6 nity-based organizations for the purposes set forth

7 in section 4001.

8 (2) GRANTS.—To request a grant under this

9 section, the chief executive of a State shall submit

10 an application to the Attorney General in such form

11 and containing such information as the Attorney

12 General may reasonably require.

13 (3) APPLICATION REQUIREMENTS.—Each appli14 cation submitted in accordance with paragraph (2)

15 shall include—

16 (A) a request for a grant to be used for

17 the purposes described in this subtitle;

18 (B) a description of the communities to be

19 served by the grant, including the nature of ju20 venile crime, violence, and drug use in the com21 munity;

22 (C) written assurances that Federal funds

23 received under this subtitle will be used to sup24 plement and not supplant, non-Federal funds

25 that would otherwise be available for activities

26 funded under this subtitle;
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1 (D) written assurances that all activities

2 will be supervised by an appropriate number of

3 responsible adults; and

4 (E) a plan for assuring that program ac5 tivities will take place in a secure environment

6 that is free of crime and drugs.

7 (b) GRANT AWARDS.—In awarding grants under this

8 section, the State shall consider—

9 (1) the ability of the applicant to provide the

10 stated services;

11 (2) the history and establishment of the appli12 cant in the community to be served;

13 (3) the level of juvenile crime, violence, and

14 drug use in the community;

15 (4) the extent to which structured extra16 curricular activities for youth are otherwise unavail17 able in the community;

18 (5) the need in the community for secure envi19 ronments for youth to avoid criminal victimization

20 and exposure to crime and illegal drugs;

21 (6) to the extent practicable, achievement of an

22 equitable geographic distribution of the grant

23 awards; and

24 (7) whether the applicant has an established

25 record of providing extracurricular activities that are
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1 generally not otherwise available to youth in the

2 community.

3 (c) ALLOCATION.—

4 (1) STATE ALLOCATIONS.—The Attorney Gen5 eral shall allot not less than 0.75 percent of the total

6 amount made available each fiscal year to carry out

7 this section to each State that has applied for a

8 grant under this section.

9 (2) INDIAN TRIBES.—The Attorney General

10 shall allot not less than 0.75 percent of the total

11 amount made available each fiscal year to carry out

12 this section to Indian tribes, in accordance with the

13 criteria set forth in subsections (a) and (b).

14 (3) REMAINING AMOUNTS.—Of the amount re15 maining after the allocations under paragraphs (1)

16 and (2), the Attorney General shall allocate to each

17 State an amount that bears the same ratio to the

18 total amount of remaining funds as the population

19 of the State bears to the total population of all

20 States.

21 SEC. 4004. ALLOCATION; GRANT LIMITATION.

22 (a) ALLOCATION.—Of amounts made available to

23 carry out this subtitle—

24 (1) 20 percent shall be for grants to national or

25 statewide organizations under section 4002; and
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1 (2) 80 percent shall be for grants to States

2 under section 403.

3 (b) GRANT LIMITATION.—Not more than 3 percent

4 of the funds made available to the Attorney General or

5 a grant recipient under this subtitle may be used for ad6 ministrative purposes.

7 SEC. 4005. REPORT AND EVALUATION.

8 (a) REPORT TO THE ATTORNEY GENERAL.—Not

9 later than October 1, 2000 and October 1 of each year

10 thereafter, each grant recipient under this subtitle shall

11 submit to the Attorney General a report that describes,

12 for the year to which the report relates—

13 (1) the activities provided;

14 (2) the number of youth participating;

15 (3) the extent to which the grant enabled the

16 provision of activities to youth that would not other17 wise be available; and

18 (4) any other information that the Attorney

19 General requires for evaluating the effectiveness of

20 the program.

21 (b) EVALUATION AND REPORT TO CONGRESS.—Not

22 later than March 1, 2001, and March 1 of each year there23 after, the Attorney General shall submit to Congress an

24 evaluation and report that contains a detailed statement

25 regarding grant awards, activities of grant recipients, a
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1 compilation of statistical information submitted by grant

2 recipients under this subtitle, and an evaluation of pro3 grams established by grant recipients under this subtitle.

4 (c) CRITERIA.—In assessing the effectiveness of the

5 programs established and operated by grant recipients

6 pursuant to this subtitle, the Attorney General shall

7 consider—

8 (1) the number of youth served by the grant re9 cipient;

10 (2) the percentage of youth participating in the

11 program charged with acts of delinquency or crime

12 compared to youth in the community at large;

13 (3) the percentage of youth participating in the

14 program that uses drugs compared to youth in the

15 community at large;

16 (4) the percentage of youth participating in the

17 program that are victimized by acts of crime or de18 linquency compared to youth in the community at

19 large; and

20 (5) the truancy rates of youth participating in

21 the program compared to youth in the community at

22 large.

23 (d) DOCUMENTS AND INFORMATION.—Each grant

24 recipient under this subtitle shall provide the Attorney

25 General with all documents and information that the At-
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1 torney General determines to be necessary to conduct an

2 evaluation of the effectiveness of programs funded under

3 this subtitle.

4 SEC. 4006. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—There are authorized to be appro6 priated to carry out this subtitle from the Violent Crime

7 Reduction Trust Fund—

8 (1) such sums as may be necessary for each of

9 fiscal years 2000 and 2001; and

10 (2) $125,000,000 for each of fiscal years 2002

11 and 2003.

12 (b) CONTINUED AVAILABILITY.—Amounts made

13 available under this subtitle shall remain available until

14 expended.

15 SEC. 4007. GRANTS TO PUBLIC AND PRIVATE AGENCIES.

16 Title II of the Juvenile Justice and Delinquency Pre17 vention Act of 1974 (42 U.S.C. 5611 et seq.) is

18 amended—

19 (1) by striking the first part designated as part

20 I;

21 (2) by redesignating the second part designated

22 as part I as part M; and

23 (3) by inserting after part H the following:
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1 ‘‘PART I—AFTER SCHOOL CRIME PREVENTION

2 ‘‘SEC. 291. GRANTS TO PUBLIC AND PRIVATE AGENCIES

3 FOR EFFECTIVE AFTER SCHOOL CRIME PRE4 VENTION PROGRAMS.

5 ‘‘(a) IN GENERAL.—Subject to the availability of ap6 propriations, the Administrator shall make grants in ac7 cordance with this section to public and private agencies

8 to fund effective after school juvenile crime prevention

9 programs.

10 ‘‘(b) MATCHING REQUIREMENT.—The Administrator

11 may not make a grant to a public or private agency under

12 this section unless that agency agrees that, with respect

13 to the costs to be incurred by the agency in carrying out

14 the program for which the grant is to be awarded, the

15 agency will make available non-Federal contributions in

16 an amount that is not less than a specific percentage of

17 Federal funds provided under the grant, as determined by

18 the Administrator.

19 ‘‘(c) PRIORITY.—In making grants under this sec20 tion, the Administrator shall give priority to funding pro21 grams that—

22 ‘‘(1) are targeted to high crime neighborhoods

23 or at-risk juveniles;

24 ‘‘(2) operate during the period immediately fol25 lowing normal school hours;
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1 ‘‘(3) provide educational or recreational activi2 ties designed to encourage law-abiding conduct, re3 duce the incidence of criminal activity, and teach ju4 veniles alternatives to crime; and

5 ‘‘(4) coordinate with State or local juvenile

6 crime control and juvenile offender accountability

7 programs.

8 ‘‘(d) FUNDING.—There are authorized to be appro9 priated for grants under this section $250,000,000 for

10 each of fiscal years 2000, 2001, 2002, 2003, and 2004.’’.

11 Subtitle B—‘‘Say No to Drugs’’

12 Community Centers

13 SEC. 4201. SHORT TITLE; DEFINITIONS.

14 (a) SHORT TITLE.—This subtitle may be cited as the

15 ‘‘Say No to Drugs Community Centers Act of 1999’’.

16 (b) DEFINITIONS.—In this subtitle—

17 (1) COMMUNITY-BASED ORGANIZATION.—The

18 term ‘‘community-based organization’’ means a pri19 vate, locally initiated organization that—

20 (A) is a nonprofit organization, as that

21 term is defined in section 103(23) of the Juve22 nile Justice and Delinquency Prevention Act of

23 1974 (42 U.S.C. 5603(23)); and
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1 (B) involves the participation, as appro2 priate, of members of the community and com3 munity institutions, including—

4 (i) business and civic leaders actively

5 involved in providing employment and busi6 ness development opportunities in the com7 munity;

8 (ii) educators;

9 (iii) religious organizations (which

10 shall not provide any sectarian instruction

11 or sectarian worship in connection with

12 program activities funded under this sub13 title);

14 (iv) law enforcement agencies; and

15 (v) other interested parties.

16 (2) ELIGIBLE COMMUNITY.—The term ‘‘eligible

17 community’’ means a community—

18 (A) identified by an eligible recipient for

19 assistance under this subtitle; and

20 (B) an area that meets such criteria as the

21 Attorney General may, by regulation, establish,

22 including criteria relating to poverty, juvenile

23 delinquency, and crime.
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1 (3) ELIGIBLE RECIPIENT.—The term ‘‘eligible

2 recipient’’ means a community-based organization or

3 public school that has—

4 (A) been approved for eligibility by the At5 torney General, upon application submitted to

6 the Attorney General in accordance with section

7 412(b); and

8 (B) demonstrated that the projects and ac9 tivities it seeks to support in an eligible commu10 nity involve the participation, when feasible and

11 appropriate, of—

12 (i) parents, family members, and

13 other members of the eligible community;

14 (ii) civic and religious organizations

15 serving the eligible community;

16 (iii) school officials and teachers em17 ployed at schools located in the eligible

18 community;

19 (iv) public housing resident organiza20 tions in the eligible community; and

21 (v) public and private nonprofit orga22 nizations and organizations serving youth

23 that provide education, child protective

24 services, or other human services to low in25 come, at-risk youth and their families.
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1 (4) POVERTY LINE.—The term ‘‘poverty line’’

2 means the income official poverty line (as defined by

3 the Office of Management and Budget, and revised

4 annually in accordance with section 673(2) of the

5 Community Services Block Grant Act (42 U.S.C.

6 9902(2)) applicable to a family of the size involved.

7 (5) PUBLIC SCHOOL.—The term ‘‘public

8 school’’ means a public elementary school, as defined

9 in section 1201(i) of the Higher Education Act of

10 1965 (20 U.S.C. 1141(i)), and a public secondary

11 school, as defined in section 1201(d) of that Act (42

12 U.S.C. 1141(d)).

13 SEC. 4202. GRANT REQUIREMENTS.

14 (a) IN GENERAL.—The Attorney General may make

15 grants to eligible recipients, which grants may be used to

16 provide to youth living in eligible communities during after

17 school hours or summer vacations, the following services:

18 (1) Rigorous drug prevention education.

19 (2) Drug counseling and treatment.

20 (3) Academic tutoring and mentoring.

21 (4) Activities promoting interaction between

22 youth and law enforcement officials.

23 (5) Vaccinations and other basic preventive

24 health care.

25 (6) Sexual abstinence education.
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1 (7) Other activities and instruction to reduce

2 youth violence and substance abuse.

3 (b) LOCATION AND USE OF AMOUNTS.—An eligible

4 recipient that receives a grant under this subtitle—

5 (1) shall ensure that the stated program is car6 ried out—

7 (A) when appropriate, in the facilities of a

8 public school during nonschool hours; or

9 (B) in another appropriate local facility

10 that is—

11 (i) in a location easily accessible to

12 youth in the community; and

13 (ii) in compliance with all applicable

14 State and local ordinances;

15 (2) shall use the grant amounts to provide to

16 youth in the eligible community services and activi17 ties that include extracurricular and academic pro18 grams that are offered—

19 (A) after school and on weekends and holi20 days, during the school year; and

21 (B) as daily full day programs (to the ex22 tent available resources permit) or as part day

23 programs, during the summer months;
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1 (3) shall use not more than 5 percent of the

2 amounts to pay for the administrative costs of the

3 program;

4 (4) shall not use such amounts to provide sec5 tarian worship or sectarian instruction; and

6 (5) may not use the amounts for the general

7 operating costs of public schools.

8 (c) APPLICATIONS.—

9 (1) IN GENERAL.—Each application to become

10 an eligible recipient shall be submitted to the Attor11 ney General at such time, in such manner, and ac12 companied by such information, as the Attorney

13 General may reasonably require.

14 (2) CONTENTS OF APPLICATION.—Each appli15 cation submitted pursuant to paragraph (1) shall—

16 (A) describe the activities and services to

17 be provided through the program for which the

18 grant is sought;

19 (B) contain a comprehensive plan for the

20 program that is designed to achieve identifiable

21 goals for youth in the eligible community;

22 (C) describe in detail the drug education

23 and drug prevention programs that will be im24 plemented;
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1 (D) specify measurable goals and outcomes

2 for the program that will include—

3 (i) reducing the percentage of youth

4 in the eligible community that enter the ju5 venile justice system or become addicted to

6 drugs;

7 (ii) increasing the graduation rates,

8 school attendance, and academic success of

9 youth in the eligible community; and

10 (iii) improving the skills of program

11 participants;

12 (E) contain an assurance that the appli13 cant will use grant amounts received under this

14 subtitle to provide youth in the eligible commu15 nity with activities and services consistent with

16 subsection (g);

17 (F) demonstrate the manner in which the

18 applicant will make use of the resources, exper19 tise, and commitment of private entities in car20 rying out the program for which the grant is

21 sought;

22 (G) include an estimate of the number of

23 youth in the eligible community expected to be

24 served under the program;
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1 (H) include a description of charitable pri2 vate resources, and all other resources, that will

3 be made available to achieve the goals of the

4 program;

5 (I) contain an assurance that the applicant

6 will comply with any evaluation under section

7 522, any research effort authorized under Fed8 eral law, and any investigation by the Attorney

9 General;

10 (J) contain an assurance that the appli11 cant will prepare and submit to the Attorney

12 General an annual report regarding any pro13 gram conducted under this subtitle;

14 (K) contain an assurance that the program

15 for which the grant is sought will, to the maxi16 mum extent practicable, incorporate services

17 that are provided solely through non-Federal

18 private or nonprofit sources; and

19 (L) contain an assurance that the appli20 cant will maintain separate accounting records

21 for the program for which the grant is sought.

22 (3) PRIORITY.—In determining eligibility under

23 this section, the Attorney General shall give priority

24 to applicants that submit applications that dem-
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1 onstrate the greatest local support for the programs

2 they seek to support.

3 (d) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

4 SHARE.—

5 (1) PAYMENTS.—The Attorney General shall,

6 subject to the availability of appropriations, provide

7 to each eligible recipient the Federal share of the

8 costs of developing and carrying out programs de9 scribed in this section.

10 (2) FEDERAL SHARE.—The Federal share of

11 the cost of a program under this subtitle shall be not

12 more than—

13 (A) 75 percent of the total cost of the pro14 gram for each of the first 2 years of the dura15 tion of a grant;

16 (B) 70 percent of the total cost of the pro17 gram for the third year of the duration of a

18 grant; and

19 (C) 60 percent of the total cost of the pro20 gram for each year thereafter.

21 (3) NON-FEDERAL SHARE.—

22 (A) IN GENERAL.—The non-Federal share

23 of the cost of a program under this subtitle

24 may be in cash or in kind, fairly evaluated, in25 cluding plant, equipment, and services. Federal
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1 funds made available for the activity of any

2 agency of an Indian tribal government or the

3 Bureau of Indian Affairs on any Indian lands

4 may be used to provide the non-Federal share

5 of the costs of programs or projects funded

6 under this subtitle.

7 (B) SPECIAL RULE.—Not less than 15 per8 cent of the non-Federal share of the costs of a

9 program under this subtitle shall be provided

10 from private or nonprofit sources.

11 (e) PROGRAM AUTHORITY.—

12 (1) IN GENERAL.—

13 (A) ALLOCATIONS FOR STATES AND IN14 DIAN TRIBES.—

15 (i) IN GENERAL.—In any fiscal year

16 in which the total amount made available

17 to carry out this subtitle is equal to or

18 greater than $20,000,000, from the

19 amount made available to carry out this

20 subtitle, the Attorney General shall allocate

21 not less than 0.75 percent for grants under

22 subparagraph (B) to eligible recipients in

23 each State.

24 (ii) INDIAN TRIBES.—The Attorney

25 General shall allocate 0.75 percent of
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1 amounts made available under this subtitle

2 for grants to Indian tribes.

3 (B) GRANTS TO COMMUNITY-BASED ORGA4 NIZATIONS AND PUBLIC SCHOOLS FROM ALLO5 CATIONS.—For each fiscal year described in

6 subparagraph (A), the Attorney General may

7 award grants from the appropriate State or In8 dian tribe allocation determined under subpara9 graph (A) on a competitive basis to eligible re10 cipients to pay for the Federal share of assist11 ing eligible communities to develop and carry

12 out programs in accordance with this subtitle.

13 (C) REALLOCATION.—If, at the end of a

14 fiscal year described in subparagraph (A), the

15 Attorney General determines that amounts allo16 cated for a particular State or Indian tribe

17 under subparagraph (B) remain unobligated,

18 the Attorney General shall use such amounts to

19 award grants to eligible recipients in another

20 State or Indian tribe to pay for the Federal

21 share of assisting eligible communities to de22 velop and carry out programs in accordance

23 with this subtitle. In awarding such grants, the

24 Attorney General shall consider the need to
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1 maintain geographic diversity among eligible re2 cipients.

3 (D) AVAILABILITY OF AMOUNTS.—

4 Amounts made available under this paragraph

5 shall remain available until expended.

6 (2) OTHER FISCAL YEARS.—In any fiscal year

7 in which the amount made available to carry out this

8 subtitle is equal to or less than $20,000,000, the At9 torney General may award grants on a competitive

10 basis to eligible recipients to pay for the Federal

11 share of assisting eligible communities to develop

12 and carry out programs in accordance with this sub13 title.

14 (3) ADMINISTRATIVE COSTS.—The Attorney

15 General may use not more than 3 percent of the

16 amounts made available to carry out this subtitle in

17 any fiscal year for administrative costs, including

18 training and technical assistance.

19 SEC. 4203. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated to carry out

21 this subtitle from the Violent Crime Reduction Trust

22 Fund—

23 (1) for fiscal year 2001, $125,000,000; and

24 (2) for fiscal year 2002, $125,000,000.
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1 Subtitle C—Missing and Exploited

2 Children

3 SEC. 4301. AMENDMENTS TO THE MISSING CHILDREN’S AS4 SISTANCE ACT.

5 Section 404 of the Missing Children’s Assistance Act

6 (42 U.S.C. 5773) is amended—

7 (1) in subsection (b)(2)(A), by inserting ‘‘for8 eign governments,’’ after ‘‘State and local govern9 ments’’; and

10 (2) in subsection (b)(2)(D)—

11 (A) by inserting ‘‘foreign governments,’’

12 after ‘‘State and local governments’’; and

13 (B) by striking ‘‘; and’’ at the end and in14 serting a period;

15 (3) in subsection (b)(3), by striking ‘‘(3) peri16 odically’’ and inserting the following:

17 ‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis18 trator, either by making grants to or entering into con19 tracts with public agencies or nonprofit private agencies,

20 shall—

21 ‘‘(1) periodically’’; and

22 (4) in subsection (b), by redesignating para23 graph (4) as paragraph (2).
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1 Subtitle D—Reauthorization of In2 centive Grants for Local Delin3 quency Prevention Programs

4 SEC. 4401. INCENTIVE GRANTS FOR LOCAL DELINQUENCY

5 PREVENTION PROGRAMS.

6 Section 506 of the Juvenile Justice and Delinquency

7 Prevention Act of 1974 (42 U.S.C. 5785) is amended to

8 read as follows:

9 ‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There is authorized to be appropriated to carry out

11 this title such sums as may be necessary for each of fiscal

12 years 2000, 2001, 2002, 2003, and 2004.’’.

13 SEC. 4402. RESEARCH, EVALUATION, AND TRAINING.

14 Title V of the Juvenile Justice and Delinquency Pre15 vention Act of 1974 (42 U.S.C. 5781 et seq.) is amended

16 by adding at the end the following:

17 ‘‘SEC. 507. RESEARCH, EVALUATION, AND TRAINING.

18 ‘‘Of the amounts made available by appropriations

19 pursuant to section 506—

20 ‘‘(1) 2 percent shall be used by the Adminis21 trator for providing training and technical assistance

22 under this title; and

23 ‘‘(2) 10 percent shall be used by the Adminis24 trator for research, statistics, and evaluation activi-
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1 ties carried out in conjunction with the grant pro2 grams under this title.’’.

3 Subtitle E—Reauthorization of the

4 Runaway and Homeless Youth Act

5 SEC. 4501. RUNAWAY AND HOMELESS YOUTH ACT.

6 Section 372(a) of the Juvenile Justice and Delin7 quency Prevention Act of 1974 (42 U.S.C. 5714b(a)) is

8 amended by striking ‘‘unit of general local government’’

9 and inserting ‘‘unit of local government’’.

10 SEC. 4502. AUTHORIZATION OF APPROPRIATIONS.

11 (a) TECHNICAL AMENDMENTS.—

12 (1) ERROR RESULTING FROM REDESIGNA13 TION.—

14 (A) IN GENERAL.—Section 3(i) of the Pub15 lic Law 102–586 (106 Stat. 5026) is amended

16 by striking ‘‘Section 366’’ and inserting ‘‘Sec17 tion 385’’.

18 (B) EFFECTIVE DATE.—The amendment

19 made by clause (i) shall take effect as if in20 cluded in the amendments made by Public Law

21 102–586.

22 (2) ERROR RESULTING FROM REFERENCES TO

23 NONEXISTENT PROVISIONS OF LAW.—

24 (A) IN GENERAL.—Section 40155 of the

25 Violent Crime Control and Law Enforcement
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1 Act of 1994 (Public Law 103–322; 108 Stat.

2 1922) is amended by striking ‘‘is amended—’’

3 and all that follows through ‘‘after section 315’’

4 and inserting the following: ‘‘is amended by

5 adding at the end’’.

6 (B) EFFECTIVE DATE.—The amendment

7 made by subparagraph (A) shall take effect as

8 if included in the amendments made by the Vio9 lent Crime Control and Law Enforcement Act

10 of 1994 (Public Law 103–322; 108 Stat. 1796

11 et seq.).

12 (b) REAUTHORIZATIONS.—

13 (1) IN GENERAL.—Section 385 of the Juvenile

14 Justice and Delinquency Prevention Act of 1974 (42

15 U.S.C. 5751) (as amended by section 3(i) of Public

16 Law 102–586 (106 Stat. 5026) (as amended by sub17 section (a)(1)(A) of this subsection)) is amended—

18 (A) in subsection (a)—

19 (i) in paragraph (1), by striking

20 ‘‘1993 and such sums as may be necessary

21 for fiscal years 1994, 1995, and 1996’’

22 and inserting ‘‘2000 and such sums as

23 may be necessary for each of fiscal years

24 2001, 2002, 2003, and 2004’’; and
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1 (ii) in paragraph (3), by striking sub2 paragraphs (A) through (D) and inserting

3 the following:

4 ‘‘(A) for fiscal year 2000, not less than

5 $1,055,406;

6 ‘‘(B) for fiscal year 2001, not less than

7 $1,108,177;

8 ‘‘(C) for fiscal year 2002, not less than

9 $1,163,585; and

10 ‘‘(D) for fiscal year 2003, not less than

11 $1,163,585.’’;

12 (B) in subsection (b), by striking ‘‘1993

13 and such sums as may be necessary for fiscal

14 years 1994, 1995, and 1996’’ and inserting

15 ‘‘2000 and such sums as may be necessary for

16 each of fiscal years 2001, 2002, 2003, and

17 2004’’; and

18 (C) in subsection (c), by striking ‘‘1993,

19 1994, 1995, and 1996’’ and inserting ‘‘2000,

20 2001, 2002, 2003, and 2004’’.

21 (2) ADDITIONAL REAUTHORIZATION.—Section

22 316 of part A of the Runaway and Homeless Youth

23 Act (42 U.S.C. 5712d) (as added by section 40155

24 of the Violent Crime Control and Law Enforcement
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1 Act of 1994 (as amended by paragraph (1)(B) of

2 this subsection)) is—

3 (A) redesignated as section 315 of part A

4 of the Runaway and Homeless Youth Act; and

5 (B) amended by striking subsection (c)

6 and inserting the following:

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to carry out this section

9 such sums as may be necessary for each of fiscal years

10 2000, 2001, 2002, 2003, and 2004.’’.

11 Subtitle F—Authorization of Anti12 Drug Abuse Programs

13 SEC. 4601. DRUG EDUCATION AND PREVENTION RELATING

14 TO YOUTH GANGS.

15 Section 3505 of the Anti-Drug Abuse Act of 1988

16 (42 U.S.C. 11805) is amended to read as follows:

17 ‘‘SEC. 3505. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘There is authorized to be appropriated to carry out

19 this chapter such sums as may be necessary for each of

20 fiscal years 2000, 2001, 2002, 2003, and 2004.’’.

21 SEC. 4602. DRUG EDUCATION AND PREVENTION PROGRAM

22 FOR RUNAWAY AND HOMELESS YOUTH.

23 Section 3513 of the Anti-Drug Abuse Act of 1988

24 (42 U.S.C. 11823) is amended to read as follows:
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1 ‘‘SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There is authorized to be appropriated to carry out

3 this chapter such sums as may be necessary for each of

4 fiscal years 2000, 2001, 2002, 2003, and 2004.’’.

5 Subtitle G—JUMP Ahead

6 SEC. 4701. SHORT TITLE.

7 This subtitle may be cited as the ‘‘JUMP Ahead Act

8 of 1999’’.

9 SEC. 4702. FINDINGS.

10 Congress finds that—

11 (1) millions of young people in America live in

12 areas in which drug use and violent and property

13 crimes are pervasive;

14 (2) unfortunately, many of these same young

15 people come from single parent homes, or from envi16 ronments in which there is no responsible, caring

17 adult supervision;

18 (3) all children and adolescents need caring

19 adults in their lives, and mentoring is an effective

20 way to fill this special need for at-risk children;

21 (4) the special bond of commitment fostered by

22 the mutual respect inherent in effective mentoring

23 can be the tie that binds a young person to a better

24 future;

25 (5) through a mentoring relationship, adult vol26 unteers and participating youth make a significant
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1 commitment of time and energy to develop relation2 ships devoted to personal, academic, or career devel3 opment and social, artistic, or athletic growth;

4 (6) rigorous independent studies have confirmed

5 that effective mentoring programs can significantly

6 reduce and prevent the use of alcohol and drugs by

7 young people, improve school attendance and per8 formance, improve peer and family and peer rela9 tionships, and reduce violent behavior;

10 (7) since the inception of the Federal JUMP

11 program, dozens of innovative, effective mentoring

12 programs have received funding grants;

13 (8) unfortunately, despite the recent growth in

14 public and private mentoring initiatives, it is re15 ported that between 5,000,000 and 15,000,000 addi16 tional children in the United States could benefit

17 from being matched with a mentor; and

18 (9) although great strides have been made in

19 reaching at-risk youth since the inception of the

20 JUMP program, millions of vulnerable American

21 children are not being reached, and without an in22 creased commitment to connect these young people

23 to responsible adult role models, our country risks

24 losing an entire generation to drugs, crime, and un25 productive lives.
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1 SEC. 4703. JUVENILE MENTORING GRANTS.

2 (a) IN GENERAL.—Section 288B of the Juvenile Jus3 tice and Delinquency Prevention Act of 1974 (42 U.S.C.

4 5667e–2) is amended—

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

6 ‘‘The Administrator shall’’;

7 (2) by striking paragraph (2) and inserting the

8 following:

9 ‘‘(2) are intended to achieve 1 or more of the

10 following goals:

11 ‘‘(A) Discourage at-risk youth from—

12 ‘‘(i) using illegal drugs and alcohol;

13 ‘‘(ii) engaging in violence;

14 ‘‘(iii) using guns and other dangerous

15 weapons;

16 ‘‘(iv) engaging in other criminal and

17 antisocial behavior; and

18 ‘‘(v) becoming involved in gangs.

19 ‘‘(B) Promote personal and social respon20 sibility among at-risk youth.

21 ‘‘(C) Increase at-risk youth’s participation

22 in, and enhance the ability of those youth to

23 benefit from, elementary and secondary edu24 cation.

25 ‘‘(D) Encourage at-risk youth participation

26 in community service and community activities.
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1 ‘‘(E) Provide general guidance to at-risk

2 youth.’’; and

3 (3) by adding at the end the following:

4 ‘‘(b) AMOUNT AND DURATION.—Each grant under

5 this part shall be awarded in an amount not to exceed

6 a total of $200,000 over a period of not more than 3 years.

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

8 is authorized to be appropriated $50,000,000 for each of

9 fiscal years 2000, 2001, 2002, and 2003 to carry out this

10 part.’’.

11 SEC. 4704. IMPLEMENTATION AND EVALUATION GRANTS.

12 (a) IN GENERAL.—The Administrator of the Office

13 of Juvenile Justice and Delinquency Prevention of the De14 partment of Justice may make grants to national organi15 zations or agencies serving youth, in order to enable those

16 organizations or agencies—

17 (1) to conduct a multisite demonstration

18 project, involving between 5 and 10 project sites,

19 that—

20 (A) provides an opportunity to compare

21 various mentoring models for the purpose of

22 evaluating the effectiveness and efficiency of

23 those models;

24 (B) allows for innovative programs de25 signed under the oversight of a national organi-
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1 zation or agency serving youth, which programs

2 may include—

3 (i) technical assistance;

4 (ii) training; and

5 (iii) research and evaluation; and

6 (C) disseminates the results of such dem7 onstration project to allow for the determina8 tion of the best practices for various mentoring

9 programs;

10 (2) to develop and evaluate screening standards

11 for mentoring programs; and

12 (3) to develop and evaluate volunteer recruit13 ment techniques and activities for mentoring pro14 grams.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated $5,000,000 for each of fis17 cal years 2000, 2001, 2002, and 2003 to carry out this

18 section.

19 SEC. 4705. EVALUATIONS; REPORTS.

20 (a) EVALUATIONS.—

21 (1) IN GENERAL.—The Attorney General shall

22 enter into a contract with an evaluating organization

23 that has demonstrated experience in conducting eval24 uations, for the conduct of an ongoing rigorous eval25 uation of the programs and activities assisted under
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1 this Act or under section 228B of the Juvenile Jus2 tice and Delinquency Prevention Act of 1974 (42

3 U.S.C. 5667e–2) (as amended by this title).

4 (2) CRITERIA.—The Attorney General shall es5 tablish a minimum criteria for evaluating the pro6 grams and activities assisted under this Act or

7 under section 228B of the Juvenile Justice and De8 linquency Prevention Act of 1974 (42 U.S.C. 5667e–

9 2) (as amended by this title), which shall provide for

10 a description of the implementation of the program

11 or activity, and the effect of the program or activity

12 on participants, schools, communities, and youth

13 served by the program or activity.

14 (3) MENTORING PROGRAM OF THE YEAR.—The

15 Attorney General shall, on an annual basis, based on

16 the most recent evaluation under this subsection and

17 such other criteria as the Attorney General shall es18 tablish by regulation—

19 (A) designate 1 program or activity as20 sisted under this Act as the ‘‘Juvenile Mentor21 ing Program of the Year’’; and

22 (B) publish notice of such designation in

23 the Federal Register.

24 (b) REPORTS.—
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1 (1) GRANT RECIPIENTS.—Each entity receiving

2 a grant under this Act or under section 228B of the

3 Juvenile Justice and Delinquency Prevention Act of

4 1974 (42 U.S.C. 5667e–2) (as amended by this

5 title) shall submit to the evaluating organization en6 tering into the contract under subsection (a)(1), an

7 annual report regarding any program or activity as8 sisted under this Act or under section 228B of the

9 Juvenile Justice and Delinquency Prevention Act of

10 1974 (42 U.S.C. 5667e–2) (as amended by this

11 title). Each report under this paragraph shall be

12 submitted at such time, in such a manner, and shall

13 be accompanied by such information, as the evaluat14 ing organization may reasonably require.

15 (2) COMPTROLLER GENERAL.—Not later than

16 4 years after the date of enactment of this Act, the

17 Attorney General shall submit to Congress a report

18 evaluating the effectiveness of grants awarded under

19 this Act and under section 228B of the Juvenile

20 Justice and Delinquency Prevention Act of 1974 (42

21 U.S.C. 5667e–2) (as amended by this title), in—

22 (A) reducing juvenile delinquency and gang

23 participation;

24 (B) reducing the school dropout rate; and
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1 (C) improving academic performance of ju2 veniles.

3 Subtitle H—Truancy Prevention

4 SEC. 4801. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Truancy Preven6 tion and Juvenile Crime Reduction Act of 1999’’.

7 SEC. 4802. FINDINGS.

8 Congress makes the following findings:

9 (1) Truancy is often the first sign of trouble—

10 the first indicator that a young person is giving up

11 and losing his or her way.

12 (2) Many students who become truant eventu13 ally drop out of school, and high school drop outs

14 are two and a half times more likely to be on welfare

15 than high school graduates, twice as likely to be un16 employed, or if employed, earn lower salaries.

17 (3) Truancy is the top-ranking characteristic of

18 criminals—more common than such factors as com19 ing from single-parent families and being abused as

20 children.

21 (4) High rates of truancy are linked to high

22 daytime burglary rates and high vandalism.

23 (5) As much as 44 percent of violent juvenile

24 crime takes place during school hours.
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1 (6) As many as 75 percent of children ages 13

2 to 16 who are arrested and prosecuted for crimes

3 are truants.

4 (7) Some cities report as many as 70 percent

5 of daily student absences are unexcused, and the

6 total number of absences in a single city can reach

7 4,000 per day.

8 (8) Society pays a significant social and eco9 nomic cost due to truancy: only 34 percent of in10 mates have completed high school education; 17 per11 cent of youth under age 18 entering adult prisons

12 have not completed grade school (8th grade or less),

13 25 percent completed 10th grade, and 2 percent

14 completed high school.

15 (9) Truants and later high school drop outs

16 cost the Nation $240,000,000,000 in lost earnings

17 and foregone taxes over their lifetimes, and the cost

18 of crime control is staggering.

19 (10) In many instances, parents are unaware a

20 child is truant.

21 (11) Effective truancy prevention, early inter22 vention, and accountability programs can improve

23 school attendance and reduce daytime crime rates.

24 (12) There is a lack of targeted funding for ef25 fective truancy prevention programs in current law.
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1 SEC. 4803. GRANTS.

2 (a) DEFINITIONS.—In this section:

3 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi4 ble partnership’’ means a partnership between 1 or

5 more qualified units of local government and 1 or

6 more local educational agencies.

7 (2) LOCAL EDUCATIONAL AGENCY.—The term

8 ‘‘local educational agency’’ has the meaning given

9 the term in section 14101 of the Elementary and

10 Secondary Education Act of 1965 (20 U.S.C. 8801).

11 (3) QUALIFIED UNIT OF LOCAL GOVERN12 MENT.—The term ‘‘qualified unit of local govern13 ment’’ means a unit of local government that has in

14 effect, as of the date on which the eligible partner15 ship submits an application for a grant under this

16 section, a statute or regulation that meets the re17 quirements of section 223(a)(14) of the Juvenile

18 Justice and Delinquency and Prevention Act of 1974

19 (42 U.S.C. 5633(a)(14)).

20 (4) UNIT OF LOCAL GOVERNMENT.—The term

21 ‘‘unit of local government’’ means any city, county,

22 township, town, borough, parish, village, or other

23 general purpose political subdivision of a State, or

24 any Indian tribe.

25 (b) GRANT AUTHORITY.—The Attorney General, in

26 consultation with the Secretary of Education, shall make
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1 grants in accordance with this section on a competitive

2 basis to eligible partnerships to reduce truancy and the

3 incidence of daytime juvenile crime.

4 (c) MAXIMUM AMOUNT; ALLOCATION; RENEWAL.—

5 (1) MAXIMUM AMOUNT.—The total amount

6 awarded to an eligible partnership under this section

7 in any fiscal year shall not exceed $100,000.

8 (2) ALLOCATION.—Not less than 25 percent of

9 each grant awarded to an eligible partnership under

10 this section shall be allocated for use by the local

11 educational agency or agencies participating in the

12 partnership.

13 (3) RENEWAL.—A grant awarded under this

14 section for a fiscal year may be renewed for an addi15 tional period of not more than 2 fiscal years.

16 (d) USE OF FUNDS.—

17 (1) IN GENERAL.—Grant amounts made avail18 able under this section may be used by an eligible

19 partnership to comprehensively address truancy

20 through the use of—

21 (A) parental involvement in prevention ac22 tivities, including meaningful incentives for pa23 rental responsibility;
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1 (B) sanctions, including community serv2 ice, or drivers’ license suspension for students

3 who are habitually truant;

4 (C) parental accountability, including fines,

5 teacher-aid duty, or community service;

6 (D) in-school truancy prevention programs,

7 including alternative education and in-school

8 suspension;

9 (E) involvement of the local law enforce10 ment, social services, judicial, business, and re11 ligious communities, and nonprofit organiza12 tions;

13 (F) technology, including automated tele14 phone notice to parents and computerized at15 tendance system; or

16 (G) elimination of 40-day count and other

17 unintended incentives to allow students to be

18 truant after a certain time of school year.

19 (2) MODEL PROGRAMS.—In carrying out this

20 section, the Attorney General may give priority to

21 funding the following programs and programs that

22 attempt to replicate one or more of the following

23 model programs:

24 (A) The Truancy Intervention Project of

25 the Fulton County, Georgia, Juvenile Court.
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1 (B) The TABS (Truancy Abatement and

2 Burglary Suppression) program of Milwaukee,

3 Wisconsin.

4 (C) The Roswell Daytime Curfew Program

5 of Roswell, New Mexico.

6 (D) The Stop, Cite and Return Program of

7 Rohnert Park, California.

8 (E) The Stay in School Program of New

9 Haven, Connecticut.

10 (F) The Atlantic County Project Helping

11 Hand of Atlantic County, New Jersey.

12 (G) The THRIVE (Truancy Habits Re13 duced Increasing Valuable Education) initiative

14 of Oklahoma City, Oklahoma.

15 (H) The Norfolk, Virginia project using

16 computer software and data collection.

17 (I) The Community Service Early Inter18 vention Program of Marion, Ohio.

19 (J) The Truancy Reduction Program of

20 Bakersfield, California.

21 (K) The Grade Court program of Farm22 ington, New Mexico.

23 (L) Any other model program that the At24 torney General determines to be appropriate.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section,

3 $25,000,000 for each of fiscal years 2000, 2001, and

4 2002.

5 Subtitle I—Juvenile Crime Control

6 and Delinquency Prevention Act

7 SEC. 4901. SHORT TITLE.

8 This subtitle may be cited as the ‘‘Juvenile Crime

9 Control and Delinquency Prevention Act of 1999’’.

10 SEC. 4902. FINDINGS.

11 Section 101 of the Juvenile Justice and Delinquency

12 Prevention Act of 1974 (42 U.S.C. 5601) is amended to

13 read as follows:

14 ‘‘SEC. 101. FINDINGS.

15 ‘‘(a) Congress finds that the juvenile crime problem

16 should be addressed through a 2-track common sense ap17 proach that addresses the needs of individual juveniles and

18 society at large by promoting—

19 ‘‘(1) quality prevention programs that—

20 ‘‘(A) work with juveniles, their families,

21 local public agencies, and community-based or22 ganizations, and take into consideration such

23 factors as whether juveniles have ever been the

24 victims of family violence (including child abuse

25 and neglect); and
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1 ‘‘(B) are designed to reduce risks and de2 velop competencies in at-risk juveniles that will

3 prevent, and reduce the rate of, violent delin4 quent behavior; and

5 ‘‘(2) programs that assist in holding juveniles

6 accountable for their actions, including a system of

7 graduated sanctions to respond to each delinquent

8 act, requiring juveniles to make restitution, or per9 form community service, for the damage caused by

10 their delinquent acts, and methods for increasing

11 victim satisfaction with respect to the penalties im12 posed on juveniles for their acts.

13 ‘‘(b) Congress must act now to reform this program

14 by focusing on juvenile delinquency prevention programs,

15 as well as programs that hold juveniles accountable for

16 their acts.’’.

17 SEC. 4903. PURPOSE.

18 Section 102 of the Juvenile Justice and Delinquency

19 Prevention Act of 1974 (42 U.S.C. 5602) is amended to

20 read as follows:

21 ‘‘SEC. 102. PURPOSES.

22 ‘‘The purposes of this title are—

23 ‘‘(1) to support State and local programs that

24 prevent juvenile involvement in delinquent behavior;
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1 ‘‘(2) to assist State and local governments in

2 promoting public safety by encouraging accountabil3 ity for acts of juvenile delinquency; and

4 ‘‘(3) to assist State and local governments in

5 addressing juvenile crime through the provision of

6 technical assistance, research, training, evaluation,

7 and the dissemination of information on effective

8 programs for combating juvenile delinquency.’’.

9 SEC. 4904. DEFINITIONS.

10 Section 103 of the Juvenile Justice and Delinquency

11 Prevention Act of 1974 (42 U.S.C. 5603) is amended—

12 (1) in paragraph (3), by striking ‘‘to help pre13 vent juvenile delinquency’’ and inserting ‘‘designed

14 to reduce known risk factors for juvenile delinquent

15 behavior, provide activities that build on protective

16 factors for, and develop competencies in, juveniles to

17 prevent, and reduce the rate of, delinquent juvenile

18 behavior’’,

19 (2) in paragraph (4), by inserting ‘‘title I of’’

20 before ‘‘the Omnibus’’ each place it appears,

21 (3) in paragraph (7), by striking ‘‘the Trust

22 Territory of the Pacific Islands,’’,

23 (4) in paragraph (9), by striking ‘‘justice’’ and

24 inserting ‘‘crime control’’,
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1 (5) in paragraph (12)(B), by striking ‘‘, of any

2 nonoffender,’’,

3 (6) in paragraph (13)(B), by striking ‘‘, any

4 nonoffender,’’,

5 (7) in paragraph (14), by inserting ‘‘drug traf6 ficking,’’ after ‘‘assault,’’,

7 (8) in paragraph (16)—

8 (A) in subparagraph (A), by adding ‘‘and’’

9 at the end, and

10 (B) by striking subparagraph (C),

11 (9) by striking paragraph (17),

12 (10) in paragraph (22)—

13 (A) by redesignating subparagraphs (i),

14 (ii), and (iii) as subparagraphs (A), (B), and

15 (C), respectively, and

16 (B) by striking ‘‘and’’ at the end,

17 (11) in paragraph (23), by striking the period

18 at the end and inserting a semicolon,

19 (12) by redesignating paragraphs (18), (19),

20 (20), (21), (22), and (23) as paragraphs (17)

21 through (22), respectively, and

22 (13) by adding at the end the following:

23 ‘‘(23) the term ‘boot camp’ means a residential

24 facility (excluding a private residence) at which there

25 are provided—
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1 ‘‘(A) a highly regimented schedule of dis2 cipline, physical training, work, drill, and cere3 mony characteristic of military basic training.

4 ‘‘(B) regular, remedial, special, and voca5 tional education; and

6 ‘‘(C) counseling and treatment for sub7 stance abuse and other health and mental

8 health problems;

9 ‘‘(24) the term ‘graduated sanctions’ means an

10 accountability-based, graduated series of sanctions

11 (including incentives and services) applicable to juve12 niles within the juvenile justice system to hold such

13 juveniles accountable for their actions and to protect

14 communities from the effects of juvenile delinquency

15 by providing appropriate sanctions for every act for

16 which a juvenile is adjudicated delinquent, by induc17 ing their law-abiding behavior, and by preventing

18 their subsequent involvement with the juvenile jus19 tice system;

20 ‘‘(25) the term ‘violent crime’ means—

21 ‘‘(A) murder or nonnegligent man22 slaughter, forcible rape, or robbery, or

23 ‘‘(B) aggravated assault committed with

24 the use of a firearm;
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1 ‘‘(26) the term ‘co-located facilities’ means fa2 cilities that are located in the same building, or are

3 part of a related complex of buildings located on the

4 same grounds; and

5 ‘‘(27) the term ‘related complex of buildings’

6 means 2 or more buildings that share—

7 ‘‘(A) physical features, such as walls and

8 fences, or services beyond mechanical services

9 (heating, air conditioning, water and sewer); or

10 ‘‘(B) the specialized services that are al11 lowable under section 31.303(e)(3)(i)(C)(3) of

12 title 28 of the Code of Federal Regulations, as

13 in effect on December 10, 1996.’’.

14 SEC. 4905. NAME OF OFFICE.

15 Title II of the Juvenile Justice and Delinquency Pre16 vention Act of 1974 (42 U.S.C. 5611 et seq.) is

17 amended—

18 (1) in part A, by striking the part heading and

19 inserting the following:

20 ‘‘PART A—OFFICE OF JUVENILE CRIME CONTROL AND

21 DELINQUENCY PREVENTION’’;

22 (2) in section 201(a), by striking ‘‘Justice and

23 Delinquency Prevention’’ and inserting ‘‘Crime Con24 trol and Delinquency Prevention’’; and
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1 (3) in section 299A(c)(2) by striking ‘‘Justice

2 and Delinquency Prevention’’ and inserting ‘‘Crime

3 Control and Delinquency Prevention’’.

4 SEC. 4906. CONCENTRATION OF FEDERAL EFFORT.

5 Section 204 of the Juvenile Justice and Delinquency

6 Prevention Act of 1974 (42 U.S.C. 5614) is amended—

7 (1) in subsection (a)(1), by striking the last

8 sentence;

9 (2) in subsection (b)—

10 (A) in paragraph (3), by striking ‘‘and of

11 the prospective’’ and all that follows through

12 ‘‘administered’’;

13 (B) by striking paragraph (5); and

14 (C) by redesignating paragraphs (6) and

15 (7) as paragraphs (5) and (6), respectively;

16 (3) in subsection (c), by striking ‘‘and reports’’

17 and all that follows through ‘‘this part’’, and insert18 ing ‘‘as may be appropriate to prevent the duplica19 tion of efforts, and to coordinate activities, related to

20 the prevention of juvenile delinquency’’;

21 (4) by striking subsection (i); and

22 (5) by redesignating subsection (h) as sub23 section (f).
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1 SEC. 4907. ALLOCATION.

2 Section 222 of the Juvenile Justice and Delinquency

3 Prevention Act of 1974 (42 U.S.C. 5632) is amended—

4 (1) in subsection (a)—

5 (A) in paragraph (2)—

6 (i) in subparagraph (A)—

7 (I) by striking ‘‘amount, up to

8 $400,000,’’ and inserting ‘‘amount up

9 to $400,000’’;

10 (II) by inserting a comma after

11 ‘‘1992’’ the first place it appears;

12 (III) by striking ‘‘the Trust Ter13 ritory of the Pacific Islands,’’; and

14 (IV) by striking ‘‘amount, up to

15 $100,000,’’ and inserting ‘‘amount up

16 to $100,000’’;

17 (ii) in subparagraph (B)—

18 (I) by striking ‘‘(other than part

19 D)’’;

20 (II) by striking ‘‘or such greater

21 amount, up to $600,000’’ and all that

22 follows through ‘‘section 299(a) (1)

23 and (3)’’;

24 (III) by striking ‘‘the Trust Ter25 ritory of the Pacific Islands,’’;
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1 (IV) by striking ‘‘amount, up to

2 $100,000,’’ and inserting ‘‘amount up

3 to $100,000’’; and

4 (V) by inserting a comma after

5 ‘‘1992’’;

6 (B) in paragraph (3) by striking ‘‘allot’’

7 and inserting ‘‘allocate’’; and

8 (2) in subsection (b) by striking ‘‘the Trust

9 Territory of the Pacific Islands,’’.

10 SEC. 4908. STATE PLANS.

11 Section 223 of the Juvenile Justice and Delinquency

12 Prevention Act of 1974 (42 U.S.C. 5633) is amended—

13 (1) in subsection (a)—

14 (A) in the second sentence, by striking

15 ‘‘challenge’’ and all that follows through ‘‘part

16 E’’, and inserting ‘‘, projects, and activities’’;

17 (B) in paragraph (3)—

18 (i) by striking ‘‘, which—’’ and insert19 ing ‘‘that—’’;

20 (ii) in subparagraph (A)—

21 (I) by striking ‘‘not less’’ and all

22 that follows through ‘‘33’’, and insert23 ing ‘‘the attorney general of the State

24 or such other State official who has

25 primary responsibility for overseeing
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1 the enforcement of State criminal

2 laws, and’’;

3 (II) by inserting ‘‘, in consulta4 tion with the attorney general of the

5 State or such other State official who

6 has primary responsibility for over7 seeing the enforcement of State crimi8 nal laws’’ after ‘‘State’’;

9 (III) in clause (i), by striking ‘‘or

10 the administration of juvenile justice’’

11 and inserting ‘‘, the administration of

12 juvenile justice, or the reduction of ju13 venile delinquency’’;

14 (IV) in clause (ii), by striking

15 ‘‘include—’’ and all that follows

16 through the semicolon at the end of

17 subclause (VIII), and inserting the

18 following:

19 ‘‘represent a multidisciplinary approach to

20 addressing juvenile delinquency and may

21 include—

22 ‘‘(I) individuals who represent

23 units of general local government, law

24 enforcement and juvenile justice agen25 cies, public agencies concerned with
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1 the prevention and treatment of juve2 nile delinquency and with the adju3 dication of juveniles, representatives

4 of juveniles, or nonprofit private orga5 nizations, particularly such organiza6 tions that serve juveniles; and

7 ‘‘(II) such other individuals as

8 the chief executive officer considers to

9 be appropriate; and’’; and

10 (V) by striking clauses (iv) and

11 (v);

12 (iii) in subparagraph (C), by striking

13 ‘‘justice’’ and inserting ‘‘crime control’’;

14 (iv) in subparagraph (D)—

15 (I) in clause (i), by inserting

16 ‘‘and’’ at the end; and

17 (II) in clause (ii), by striking

18 ‘‘paragraphs’’ and all that follows

19 through ‘‘part E’’, and inserting

20 ‘‘paragraphs (11), (12), and (13)’’;

21 and

22 (v) in subparagraph (E), by striking

23 ‘‘title—’’ and all that follows through

24 ‘‘(ii)’’ and inserting ‘‘title,’’;

25 (C) in paragraph (5)—
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘, other than’’ and

3 inserting ‘‘reduced by the percentage (if

4 any) specified by the State under the au5 thority of paragraph (25) and excluding’’

6 after ‘‘section 222’’; and

7 (ii) in subparagraph (C), by striking

8 ‘‘paragraphs (12)(A), (13), and (14)’’ and

9 inserting ‘‘paragraphs (11), (12), and

10 (13)’’;

11 (D) by striking paragraph (6);

12 (E) in paragraph (7), by inserting ‘‘, in13 cluding in rural areas’’ before the semicolon at

14 the end;

15 (F) in paragraph (8)—

16 (i) in subparagraph (A)—

17 (I) by striking ‘‘for (i)’’ and all

18 that follows through ‘‘relevant juris19 diction’’, and inserting ‘‘for an analy20 sis of juvenile delinquency problems

21 in, and the juvenile delinquency con22 trol and delinquency prevention needs

23 (including educational needs) of, the

24 State’’;
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1 (II) by striking ‘‘justice’’ the sec2 ond place it appears and inserting

3 ‘‘crime control’’; and

4 (III) by striking ‘‘of the jurisdic5 tion; (ii)’’ and all that follows through

6 the semicolon at the end, and insert7 ing ‘‘of the State; and’’;

8 (ii) by striking subparagraph (B) and

9 inserting the following:

10 ‘‘(B) contain—

11 ‘‘(i) a plan for providing needed gen12 der-specific services for the prevention and

13 treatment of juvenile delinquency;

14 ‘‘(ii) a plan for providing needed serv15 ices for the prevention and treatment of ju16 venile delinquency in rural areas; and

17 ‘‘(iii) a plan for providing needed

18 mental health services to juveniles in the

19 juvenile justice system;’’; and

20 (iii) by striking subparagraphs (C)

21 and (D);

22 (G) by striking paragraph (9) and insert23 ing the following:

24 ‘‘(9) provide for the coordination and maximum

25 utilization of existing juvenile delinquency programs,
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1 programs operated by public and private agencies

2 and organizations, and other related programs (such

3 as education, special education, recreation, health,

4 and welfare programs) in the State;’’;

5 (H) in paragraph (10)—

6 (i) in subparagraph (A), by striking ‘‘,

7 specifically’’ and inserting ‘‘including’’; and

8 (ii) by striking subparagraph (B) and

9 inserting the following:

10 ‘‘(B) programs that assist in holding juve11 niles accountable for their actions, including the

12 use of graduated sanctions and of neighborhood

13 courts or panels that increase victim satisfac14 tion and require juveniles to make restitution

15 for the damage caused by their delinquent be16 havior;’’;

17 (iii) in subparagraph (C), by striking

18 ‘‘juvenile justice’’ and inserting ‘‘juvenile

19 crime control’’;

20 (iv) by striking subparagraph (D) and

21 inserting the following:

22 ‘‘(D) programs that provide treatment to

23 juvenile offenders who are victims of child

24 abuse or neglect, and to their families, in order

25 to reduce the likelihood that such juvenile of-
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1 fenders will commit subsequent violations of

2 law;’’;

3 (v) in subparagraph (E)—

4 (I) by redesignating clause (ii) as

5 clause (iii); and

6 (II) by striking ‘‘juveniles, pro7 vided’’ and all that follows through

8 ‘‘provides; and’’, and inserting the fol9 lowing:

10 ‘‘juveniles—

11 ‘‘(i) to encourage juveniles to remain

12 in elementary and secondary schools or in

13 alternative learning situations;

14 ‘‘(ii) to provide services to assist juve15 niles in making the transition to the world

16 of work and self-sufficiency; and’’;

17 (vi) by striking subparagraph (F) and

18 inserting the following:

19 ‘‘(F) expanding the use of probation

20 officers—

21 ‘‘(i) particularly for the purpose of

22 permitting nonviolent juvenile offenders

23 (including status offenders) to remain at

24 home with their families as an alternative

25 to incarceration or institutionalization; and
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1 ‘‘(ii) to ensure that juveniles follow

2 the terms of their probation;’’;

3 (vii) by striking subparagraph (G)

4 and inserting the following:

5 ‘‘(G) one-on-one mentoring programs that

6 are designed to link at-risk juveniles and juve7 nile offenders, particularly juveniles residing in

8 high-crime areas and juveniles experiencing

9 educational failure, with responsible adults

10 (such as law enforcement officers, adults work11 ing with local businesses, and adults working

12 with community-based organizations and agen13 cies) who are properly screened and trained;’’;

14 (viii) in subparagraph (H) by striking

15 ‘‘handicapped youth’’ and inserting ‘‘juve16 niles with disabilities’’;

17 (ix) by striking subparagraph (K) and

18 inserting the following:

19 ‘‘(K) boot camps for juvenile offenders;’’;

20 (x) by striking subparagraph (L) and

21 inserting the following:

22 ‘‘(L) community-based programs and serv23 ices to work with juveniles, their parents, and

24 other family members during and after incar-
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1 ceration in order to strengthen families so that

2 such juveniles may be retained in their homes;’’;

3 (xi) by striking subparagraph (M) and

4 inserting the following:

5 ‘‘(M) other activities (such as court-ap6 pointed advocates) that the State determines

7 will hold juveniles accountable for their acts

8 and decrease juvenile involvement in delinquent

9 activities;’’;

10 (xii) in subparagraph (O)—

11 (I) in striking ‘‘cultural’’ and in12 serting ‘‘other’’; and

13 (II) by striking the period at the

14 end and inserting a semicolon; and

15 (xiii) by adding at the end the follow16 ing:

17 ‘‘(P) programs that utilize multidisci18 plinary interagency case management and infor19 mation sharing, that enable the juvenile justice

20 and law enforcement agencies, schools, and so21 cial service agencies to make more informed de22 cisions regarding early identification, control,

23 supervision, and treatment of juveniles who re24 peatedly commit violent or serious delinquent

25 acts; and
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1 ‘‘(Q) programs designed to prevent and re2 duce hate crimes committed by juveniles.’’;

3 (I) by striking paragraph (12) and insert4 ing the following:

5 ‘‘(12) shall, in accordance with rules issued by

6 the Administrator, provide that—

7 ‘‘(A) juveniles who are charged with or

8 who have committed an offense that would not

9 be criminal if committed by an adult,

10 excluding—

11 ‘‘(i) juveniles who are charged with or

12 who have committed a violation of section

13 922(x)(2) of title 18, United States Code,

14 or of a similar State law;

15 ‘‘(ii) juveniles who are charged with or

16 who have committed a violation of a valid

17 court order; and

18 ‘‘(iii) juveniles who are held in accord19 ance with the Interstate Compact on Juve20 niles, as enacted by the State;

21 shall not be placed in secure detention facilities

22 or secure correctional facilities; and

23 ‘‘(B) juveniles—

24 ‘‘(i) who are not charged with any of25 fense; and
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1 ‘‘(ii) who are—

2 ‘‘(I) aliens; or

3 ‘‘(II) alleged to be dependent, ne4 glected, or abused;

5 shall not be placed in secure detention facilities

6 or secure correctional facilities;’’;

7 (J) by striking paragraph (13) and insert8 ing the following:

9 ‘‘(13) provide that—

10 ‘‘(A) juveniles alleged to be or found to be

11 delinquent, and juveniles within the purview of

12 paragraph (11), will not be detained or confined

13 in any institution in which they have prohibited

14 physical contact or sustained oral communica15 tion (as defined in subparagraphs (D) and (E))

16 with adults incarcerated because such adults

17 have been convicted of a crime or are awaiting

18 trial on criminal charges;

19 ‘‘(B) to the extent practicable, violent juve20 niles shall be kept separate from nonviolent ju21 veniles;

22 ‘‘(C) there is in effect in the State a policy

23 that requires individuals who work with both

24 such juveniles and such adults in colocated fa-
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1 cilities have been trained and certified to work

2 with juveniles;

3 ‘‘(D) the term ‘prohibited physical

4 contact’—

5 ‘‘(i) means—

6 ‘‘(I) any physical contact between

7 a juvenile and an adult inmate; and

8 ‘‘(II) proximity that provides an

9 opportunity for physical contact be10 tween a juvenile and an adult inmate;

11 and

12 ‘‘(ii) does not include supervised prox13 imity between a juvenile and an adult in14 mate that is brief and incidental or acci15 dental; and

16 ‘‘(E) the term ‘sustained oral communica17 tion’ means the imparting or interchange of

18 speech by or between an adult inmate and a ju19 venile; and

20 ‘‘(ii) does not include—

21 ‘‘(I) communication that is acci22 dental or incidental; or

23 ‘‘(II) sounds or noises that can24 not reasonably be considered to be

25 speech;’’;
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1 (K) by striking paragraph (14) and insert2 ing the following:

3 ‘‘(14) provide that no juvenile will be detained

4 or confined in any jail or lockup for adults except—

5 ‘‘(A) juveniles who are accused of nonsta6 tus offenses and who are detained in such jail

7 or lockup for a period not to exceed 6 hours—

8 ‘‘(i) for processing or release;

9 ‘‘(ii) while awaiting transfer to a juve10 nile facility; or

11 ‘‘(iii) in which period such juveniles

12 make a court appearance;

13 ‘‘(B) juveniles who are accused of nonsta14 tus offenses, who are awaiting an initial court

15 appearance that will occur within 48 hours

16 after being taken into custody (excluding Satur17 days, Sundays, and legal holidays), and who are

18 detained or confined in a jail or lockup—

19 ‘‘(i) in which—

20 ‘‘(I) such juveniles do not have

21 prohibited physical contact or sus22 tained oral communication (as defined

23 in subparagraphs (D) and (E) of

24 paragraph (13)) with adults incarcer25 ated because such adults have been
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1 convicted of a crime or are awaiting

2 trial on criminal charges;

3 ‘‘(II) to the extent practicable,

4 violent juveniles shall be kept separate

5 from nonviolent juveniles; and

6 ‘‘(III) there is in effect in the

7 State a policy that requires individ8 uals who work with both such juve9 niles and such adults in co-located fa10 cilities have been trained and certified

11 to work with juveniles; and

12 ‘‘(ii) that—

13 ‘‘(I) is located outside a metro14 politan statistical area (as defined by

15 the Director of the Office of Manage16 ment and Budget) and has no existing

17 acceptable alternative placement avail18 able; or

19 ‘‘(II) is located where conditions

20 of distance to be traveled or the lack

21 of highway, road, or transportation do

22 not allow for court appearances within

23 48 hours after being taken into cus24 tody (excluding Saturdays, Sundays,

25 and legal holidays) so that a brief (not
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1 to exceed an additional 48 hours)

2 delay is excusable; or

3 ‘‘(IV) is located where conditions

4 of safety exist (such as severe adverse,

5 life-threatening weather conditions

6 that do not allow for reasonably safe

7 travel), in which case the time for an

8 appearance may be delayed until 24

9 hours after the time that such condi10 tions allow for reasonable safe trav11 el;’’;

12 (L) in paragraph (15)—

13 (i) by striking ‘‘paragraph (12)(A),

14 paragraph (13), and paragraph (14)’’ and

15 inserting ‘‘paragraphs (11), (12), and

16 (13)’’; and

17 (ii) by striking ‘‘paragraph (12)(A)

18 and paragraph (13)’’ and inserting ‘‘para19 graphs (11) and (12)’’;

20 (M) in paragraph (16) by striking ‘‘men21 tally, emotionally, or physically handicapping

22 conditions’’ and inserting ‘‘disability’’;

23 (N) by striking paragraph (19) and insert24 ing the following:

25 ‘‘(19) provide assurances that—
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1 ‘‘(A) any assistance provided under this

2 Act will not cause the displacement (including

3 a partial displacement, such as a reduction in

4 the hours of nonovertime work, wages, or em5 ployment benefits) of any currently employed

6 employee;

7 ‘‘(B) activities assisted under this Act will

8 not impair an existing collective bargaining re9 lationship, contract for services, or collective

10 bargaining agreement; and

11 ‘‘(C) no such activity that would be incon12 sistent with the terms of a collective bargaining

13 agreement shall be undertaken without the

14 written concurrence of the labor organization

15 involved;’’;

16 (O) by striking paragraph (23) and insert17 ing the following:

18 ‘‘(23) address juvenile delinquency prevention

19 efforts and system improvement efforts designed to

20 reduce, without establishing or requiring numerical

21 standards or quotas, the disproportionate number of

22 juvenile members of minority groups, who come into

23 contact with the juvenile justice system;’’;

24 (P) by striking paragraph (24) and insert25 ing the following:
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1 ‘‘(24) provide that if a juvenile is taken into

2 custody for violating a valid court order issued for

3 committing a status offense—

4 ‘‘(A) an appropriate public agency shall be

5 promptly notified that such juvenile is held in

6 custody for violating such order;

7 ‘‘(B) not later than 24 hours after the ju8 venile is taken into custody and during which

9 the juvenile is so held, an authorized represent10 ative of such agency shall interview, in person,

11 such juvenile; and

12 ‘‘(C) not later than 48 hours after the ju13 venile is taken into custody and during which

14 the juvenile is so held—

15 ‘‘(i) such representative shall submit

16 an assessment to the court that issued

17 such order, regarding the immediate needs

18 of such juvenile; and

19 ‘‘(ii) such court shall conduct a hear20 ing to determine—

21 ‘‘(I) whether there is reasonable

22 cause to believe that such juvenile vio23 lated such order; and
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1 ‘‘(II) the appropriate placement

2 of such juvenile pending disposition of

3 the violation alleged;’’;

4 (Q) in paragraph (25) by striking the pe5 riod at the end and inserting a semicolon;

6 (R) by redesignating paragraphs (7)

7 through (25) as paragraphs (6) through (24),

8 respectively; and

9 (S) by adding at the end the following:

10 ‘‘(25) specify a percentage (if any), not to ex11 ceed 5 percent, of funds received by the State under

12 section 222 (other than funds made available to the

13 state advisory group under section 222(d)) that the

14 State will reserve for expenditure by the State to

15 provide incentive grants to units of general local gov16 ernment that reduce the caseload of probation offi17 cers within such units.’’; and

18 (2) by striking subsection (c) and inserting the

19 following:

20 ‘‘(c) If a State fails to comply with any applicable

21 requirement of paragraph (11), (12), (13), or (22) of sub22 section (a) in any fiscal year beginning after September

23 30, 1999, then the amount allocated to such State for the

24 subsequent fiscal year shall be reduced by not to exceed

25 12.5 percent for each such paragraph with respect to
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1 which the failure occurs, unless the Administrator deter2 mines that the State—

3 ‘‘(1) has achieved substantial compliance with

4 such applicable requirements with respect to which

5 the State was not in compliance; and

6 ‘‘(2) has made, through appropriate executive

7 or legislative action, an unequivocal commitment to

8 achieving full compliance with such applicable re9 quirements within a reasonable time.’’; and

10 (3) in subsection (d)—

11 (A) by striking ‘‘allotment’’ and inserting

12 ‘‘allocation’’; and

13 (B) by striking ‘‘subsection (a) (12)(A),

14 (13), (14) and (23)’’ each place it appears and

15 inserting ‘‘paragraphs (11), (12), (13), and

16 (22) of subsection (a)’’.

17 SEC. 4909. JUVENILE DELINQUENCY PREVENTION BLOCK

18 GRANT PROGRAM.

19 Title II of the Juvenile Justice and Delinquency Pre20 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

21 by inserting after part I, as added by section 4007 of this

22 title, the following:
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1 ‘‘PART J—JUVENILE DELINQUENCY PREVENTION

2 BLOCK GRANT PROGRAM

3 ‘‘SEC. 292. AUTHORITY TO MAKE GRANTS.

4 ‘‘The Administrator may make grants to eligible

5 States, from funds allocated under section 292A, for the

6 purpose of providing financial assistance to eligible entities

7 to carry out projects designed to prevent juvenile delin8 quency, including—

9 ‘‘(1) projects that assist in holding juveniles ac10 countable for their actions, including the use of

11 neighborhood courts or panels that increase victim

12 satisfaction and require juveniles to make restitu13 tion, or perform community service, for the damage

14 caused by their delinquent acts;

15 ‘‘(2) projects that provide treatment to juvenile

16 offenders who are victims of child abuse or neglect,

17 and to their families, in order to reduce the likeli18 hood that such juvenile offenders will commit subse19 quent violations of law;

20 ‘‘(3) educational projects or supportive services

21 for delinquent or other juveniles—

22 ‘‘(A) to encourage juveniles to remain in

23 elementary and secondary schools or in alter24 native learning situations in educational set25 tings;
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1 ‘‘(B) to provide services to assist juveniles

2 in making the transition to the world of work

3 and self-sufficiency;

4 ‘‘(C) to assist in identifying learning dif5 ficulties (including learning disabilities);

6 ‘‘(D) to prevent unwarranted and arbitrary

7 suspensions and expulsions;

8 ‘‘(E) to encourage new approaches and

9 techniques with respect to the prevention of

10 school violence and vandalism;

11 ‘‘(F) which assist law enforcement person12 nel and juvenile justice personnel to more effec13 tively recognize and provide for learning-dis14 abled and other disabled juveniles; or

15 ‘‘(G) which develop locally coordinated

16 policies and programs among education, juve17 nile justice, and social service agencies;

18 ‘‘(4) projects which expand the use of probation

19 officers—

20 ‘‘(A) particularly for the purpose of per21 mitting nonviolent juvenile offenders (including

22 status offenders) to remain at home with their

23 families as an alternative to incarceration or in24 stitutionalization; and
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1 ‘‘(B) to ensure that juveniles follow the

2 terms of their probation;

3 ‘‘(5) one-on-one mentoring projects that are de4 signed to link at-risk juveniles and juvenile offenders

5 who did not commit serious crime, particularly juve6 niles residing in high-crime areas and juveniles expe7 riencing educational failure, with responsible adults

8 (such as law enforcement officers, adults working

9 with local businesses, and adults working for com10 munity-based organizations and agencies) who are

11 properly screened and trained;

12 ‘‘(6) community-based projects and services (in13 cluding literacy and social service programs) which

14 work with juvenile offenders, including those from

15 families with limited English-speaking proficiency,

16 their parents, their siblings, and other family mem17 bers during and after incarceration of the juvenile

18 offenders, in order to strengthen families, to allow

19 juvenile offenders to be retained in their homes, and

20 to prevent the involvement of other juvenile family

21 members in delinquent activities;

22 ‘‘(7) projects designed to provide for the treat23 ment of juveniles for dependence on or abuse of al24 cohol, drugs, or other harmful substances;
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1 ‘‘(8) projects which leverage funds to provide

2 scholarships for postsecondary education and train3 ing for low-income juveniles who reside in neighbor4 hoods with high rates of poverty, violence, and drug5 related crimes;

6 ‘‘(9) projects which provide for an initial intake

7 screening of each juvenile taken into custody—

8 ‘‘(A) to determine the likelihood that such

9 juvenile will commit a subsequent offense; and

10 ‘‘(B) to provide appropriate interventions,

11 including mental health services and substance

12 abuse treatment, to prevent such juvenile from

13 committing subsequent offenses;

14 ‘‘(10) projects (including school- or community15 based projects) that are designed to prevent, and re16 duce the rate of, the participation of juveniles in

17 gangs that commit crimes (particularly violent

18 crimes), that unlawfully use firearms and other

19 weapons, or that unlawfully traffic in drugs and that

20 involve, to the extent practicable, families and other

21 community members (including law enforcement per22 sonnel and members of the business community) in

23 the activities conducted under such projects;

24 ‘‘(11) comprehensive juvenile justice and delin25 quency prevention projects that meet the needs of
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1 juveniles through the collaboration of the many local

2 service systems juveniles encounter, including

3 schools, courts, law enforcement agencies, child pro4 tection agencies, mental health agencies, welfare

5 services, health care agencies, and private nonprofit

6 agencies offering services to juveniles;

7 ‘‘(12) to develop, implement, and support, in

8 conjunction with public and private agencies, organi9 zations, and businesses, projects for the employment

10 of juveniles and referral to job training programs

11 (including referral to Federal job training pro12 grams);

13 ‘‘(13) delinquency prevention activities which

14 involve youth clubs, sports, recreation and parks,

15 peer counseling and teaching, the arts, leadership

16 development, community service, volunteer service,

17 before- and after-school programs, violence preven18 tion activities, mediation skills training, camping,

19 environmental education, ethnic or cultural enrich20 ment, tutoring, and academic enrichment;

21 ‘‘(14) family strengthening activities, such as

22 mutual support groups for parents and their chil23 dren;
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1 ‘‘(15) programs that encourage social com2 petencies, problem-solving skills, and communication

3 skills, youth leadership, and civic involvement;

4 ‘‘(16) programs that focus on the needs of

5 young girls at-risk of delinquency or status offenses;

6 and

7 ‘‘(17) other activities that are likely to prevent

8 juvenile delinquency.

9 ‘‘SEC. 292A. ALLOCATION.

10 ‘‘Funds appropriated to carry out this part shall be

11 allocated among eligible States as follows:

12 ‘‘(1) 0.75 percent shall be allocated to each

13 State.

14 ‘‘(2) Of the total amount remaining after the

15 allocation under paragraph (1), there shall be allo16 cated to each State as follows:

17 ‘‘(A) 50 percent of such amount shall be

18 allocated proportionately based on the popu19 lation that is less than 18 years of age in the

20 eligible States.

21 ‘‘(B) 50 percent of such amount shall be

22 allocated proportionately based on the annual

23 average number of arrests for serious crimes

24 committed in the eligible States by juveniles

25 during the then most recently completed period
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1 of 3 consecutive calendar years for which suffi2 cient information is available to the Adminis3 trator.

4 ‘‘SEC. 292B. ELIGIBILITY OF STATES.

5 ‘‘(a) APPLICATION.—To be eligible to receive a grant

6 under section 292, a State shall submit to the Adminis7 trator an application that contains the following:

8 ‘‘(1) An assurance that the State will use—

9 ‘‘(A) not more than 5 percent of such

10 grant, in the aggregate, for—

11 ‘‘(i) the costs incurred by the State to

12 carry out this part; and

13 ‘‘(ii) to evaluate, and provide technical

14 assistance relating to, projects and activi15 ties carried out with funds provided under

16 this part; and

17 ‘‘(B) the remainder of such grant to make

18 grants under section 292C.

19 ‘‘(2) An assurance that, and a detailed descrip20 tion of how, such grant will support, and not sup21 plant State and local efforts to prevent juvenile de22 linquency.

23 ‘‘(3) An assurance that such application was

24 prepared after consultation with and participation by

25 community-based organizations, and organizations in
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1 the local juvenile justice system, that carry out pro2 grams, projects, or activities to prevent juvenile de3 linquency.

4 ‘‘(4) An assurance that each eligible entity de5 scribed in section 292C(a) that receives an initial

6 grant under section 292 to carry out a project or ac7 tivity shall also receive an assurance from the State

8 that such entity will receive from the State, for the

9 subsequent fiscal year to carry out such project or

10 activity, a grant under such section in an amount

11 that is proportional, based on such initial grant and

12 on the amount of the grant received under section

13 292 by the State for such subsequent fiscal year, but

14 that does not exceed the amount specified for such

15 subsequent fiscal year in such application as ap16 proved by the State.

17 ‘‘(5) Such other information and assurances as

18 the Administrator may reasonably require by rule.

19 ‘‘(b) APPROVAL OF APPLICATIONS.—

20 ‘‘(1) APPROVAL REQUIRED.—Subject to para21 graph (2), the Administrator shall approve an appli22 cation, and amendments to such application submit23 ted in subsequent fiscal years, that satisfy the re24 quirements of subsection (a).
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1 ‘‘(2) LIMITATION.—The Administrator may not

2 approve such application (including amendments to

3 such application) for a fiscal year unless—

4 ‘‘(A)(i) the State submitted a plan under

5 section 223 for such fiscal year; and

6 ‘‘(ii) such plan is approved by the Adminis7 trator for such fiscal year; or

8 ‘‘(B) the Administrator waives the applica9 tion of subparagraph (A) to such State for such

10 fiscal year, after finding good cause for such a

11 waiver.

12 ‘‘SEC. 292C. GRANTS FOR LOCAL PROJECTS.

13 ‘‘(a) SELECTION FROM AMONG APPLICATIONS.—

14 ‘‘(1) IN GENERAL.—Using a grant received

15 under section 292, a State may make grants to eligi16 ble entities whose applications are received by the

17 State in accordance with subsection (b) to carry out

18 projects and activities described in section 292.

19 ‘‘(2) For purposes of making grants under this

20 section, the State shall give special consideration to

21 eligible entities that—

22 ‘‘(A) propose to carry out such projects in

23 geographical areas in which there is—

24 ‘‘(i) a disproportionately high level of

25 serious crime committed by juveniles; or
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•S 9 IS

1 ‘‘(ii) a recent rapid increase in the

2 number of nonstatus offenses committed

3 by juveniles;

4 ‘‘(B)(i) agreed to carry out such projects

5 or activities that are multidisciplinary and in6 volve 2 or more eligible entities; or

7 ‘‘(ii) represent communities that have a

8 comprehensive plan designed to identify at-risk

9 juveniles and to prevent or reduce the rate of

10 juvenile delinquency, and that involve other en11 tities operated by individuals who have a dem12 onstrated history of involvement in activities de13 signed to prevent juvenile delinquency; and

14 ‘‘(C) the amount of resources (in cash or

15 in kind) such entities will provide to carry out

16 such projects and activities.

17 ‘‘(b) RECEIPT OF APPLICATIONS.—

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a

19 unit of general local government shall submit to the

20 State simultaneously all applications that are—

21 ‘‘(A) timely received by such unit from eli22 gible entities; and

23 ‘‘(B) determined by such unit to be con24 sistent with a current plan formulated by such

25 unit for the purpose of preventing, and reduc-
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1 ing the rate of, juvenile delinquency in the geo2 graphical area under the jurisdiction of such

3 unit.

4 ‘‘(2) DIRECT SUBMISSION TO STATE.—If an ap5 plication submitted to such unit by an eligible entity

6 satisfies the requirements specified in subparagraphs

7 (A) and (B) of paragraph (1), such entity may sub8 mit such application directly to the State.

9 ‘‘SEC. 292D. ELIGIBILITY OF ENTITIES.

10 ‘‘(a) ELIGIBILITY.—Subject to subsections (b) and

11 except as provided in subsection (c), to be eligible to re12 ceive a grant under section 292C, a community-based or13 ganization, local juvenile justice system officials (including

14 prosecutors, police officers, judges, probation officers, pa15 role officers, and public defenders), local education author16 ity (as defined in section 14101 of the Elementary and

17 Secondary Education Act of 1965 and including a school

18 within such authority), nonprofit private organization,

19 unit of general local government, or social service provider,

20 and or other entity with a demonstrated history of involve21 ment in the prevention of juvenile delinquency, shall sub22 mit to a unit of general local government an application

23 that contains the following:

24 ‘‘(1) An assurance that such applicant will use

25 such grant, and each such grant received for the
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1 subsequent fiscal year, to carry out throughout a 2-

2 year period a project or activity described in reason3 able detail, and of a kind described in 1 or more

4 of paragraphs (1) through (14) of section 292 as

5 specified in, such application.

6 ‘‘(2) A statement of the particular goals such

7 project or activity is designed to achieve, and the

8 methods such entity will use to achieve, and assess

9 the achievement of, each of such goals.

10 ‘‘(3) A statement identifying the research (if

11 any) such entity relied on in preparing such applica12 tion.

13 ‘‘(b) REVIEW AND SUBMISSION OF APPLICATIONS.—

14 Except as provided in subsection (c), an entity shall not

15 be eligible to receive a grant under section 292C unless—

16 ‘‘(1) such entity submits to a unit of general

17 local government an application that—

18 ‘‘(A) satisfies the requirements specified in

19 subsection (a); and

20 ‘‘(B) describes a project or activity to be

21 carried out in the geographical area under the

22 jurisdiction of such unit; and

23 ‘‘(2) such unit determines that such project or

24 activity is consistent with a current plan formulated

25 by such unit for the purpose of preventing, and re-
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1 ducing the rate of, juvenile delinquency in the geo2 graphical area under the jurisdiction of such unit.

3 ‘‘(c) LIMITATION.—If an entity that receives a grant

4 under section 292C to carry out a project or activity for

5 a 2-year period, and receives technical assistance from the

6 State or the Administrator after requesting such technical

7 assistance (if any), fails to demonstrate, before the expira8 tion of such 2-year period, that such project or such activ9 ity has achieved substantial success in achieving the goals

10 specified in the application submitted by such entity to

11 receive such grants, then such entity shall not be eligible

12 to receive any subsequent grant under such section to con13 tinue to carry out such project or activity.’’.

14 SEC. 4910. RESEARCH; EVALUATION; TECHNICAL ASSIST15 ANCE; TRAINING.

16 Title II of the Juvenile Justice and Delinquency Pre17 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

18 by inserting after part J, as added by section 4909 of this

19 title, the following:

20 ‘‘PART K—RESEARCH; EVALUATION; TECHNICAL

21 ASSISTANCE; TRAINING

22 ‘‘SEC. 293. RESEARCH AND EVALUATION; STATISTICAL

23 ANALYSES; INFORMATION DISSEMINATION.

24 ‘‘(a) RESEARCH AND EVALUATION.—(1) The Admin25 istrator may—
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1 ‘‘(A) plan and identify, after consultation with

2 the Director of the National Institute of Justice, the

3 purposes and goals of all agreements carried out

4 with funds provided under this subsection; and

5 ‘‘(B) make agreements with the National Insti6 tute of Justice or, subject to the approval of the As7 sistant Attorney General for the Office of Justice

8 Programs, with another Federal agency authorized

9 by law to conduct research or evaluation in juvenile

10 justice matters, for the purpose of providing re11 search and evaluation relating to—

12 ‘‘(i) the prevention, reduction, and control

13 of juvenile delinquency and serious crime com14 mitted by juveniles;

15 ‘‘(ii) the link between juvenile delinquency

16 and the incarceration of members of the fami17 lies of juveniles;

18 ‘‘(iii) successful efforts to prevent first19 time minor offenders from committing subse20 quent involvement in serious crime;

21 ‘‘(iv) successful efforts to prevent recidi22 vism;

23 ‘‘(v) the juvenile justice system;

24 ‘‘(vi) juvenile violence; and
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•S 9 IS

1 ‘‘(vii) other purposes consistent with the

2 purposes of this title and title I.

3 ‘‘(2) The Administrator shall ensure that an equi4 table amount of funds available to carry out paragraph

5 (1)(B) is used for research and evaluation relating to the

6 prevention of juvenile delinquency.

7 ‘‘(b) STATISTICAL ANALYSES.—The Administrator

8 may—

9 ‘‘(1) plan and identify, after consultation with

10 the Director of the Bureau of Justice Statistics, the

11 purposes and goals of all agreements carried out

12 with funds provided under this subsection; and

13 ‘‘(2) make agreements with the Bureau of Jus14 tice Statistics, or subject to the approval of the As15 sistant Attorney General for the Office of Justice

16 Programs, with another Federal agency authorized

17 by law to undertake statistical work in juvenile jus18 tice matters, for the purpose of providing for the col19 lection, analysis, and dissemination of statistical

20 data and information relating to juvenile delinquency

21 and serious crimes committed by juveniles, to the ju22 venile justice system, to juvenile violence, and to

23 other purposes consistent with the purposes of this

24 title and title I.
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1 ‘‘(c) COMPETITIVE SELECTION PROCESS.—The Ad2 ministrator shall use a competitive process, established by

3 rule by the Administrator, to carry out subsections (a) and

4 (b).

5 ‘‘(d) IMPLEMENTATION OF AGREEMENTS.—A Fed6 eral agency that makes an agreement under subsections

7 (a)(1)(B) and (b)(2) with the Administrator may carry out

8 such agreement directly or by making grants to or con9 tracts with public and private agencies, institutions, and

10 organizations.

11 ‘‘(e) INFORMATION DISSEMINATION.—The Adminis12 trator may—

13 ‘‘(1) review reports and data relating to the ju14 venile justice system in the United States and in for15 eign nations (as appropriate), collect data and infor16 mation from studies and research into all aspects of

17 juvenile delinquency (including the causes, preven18 tion, and treatment of juvenile delinquency) and se19 rious crimes committed by juveniles;

20 ‘‘(2) establish and operate, directly or by con21 tract, a clearinghouse and information center for the

22 preparation, publication, and dissemination of infor23 mation relating to juvenile delinquency, including

24 State and local prevention and treatment programs,
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1 plans, resources, and training and technical assist2 ance programs; and

3 ‘‘(3) make grants and contracts with public and

4 private agencies, institutions, and organizations, for

5 the purpose of disseminating information to rep6 resentatives and personnel of public and private

7 agencies, including practitioners in juvenile justice,

8 law enforcement, the courts, corrections, schools,

9 and related services, in the establishment, implemen10 tation, and operation of projects and activities for

11 which financial assistance is provided under this

12 title.

13 ‘‘SEC. 293A. TRAINING AND TECHNICAL ASSISTANCE.

14 ‘‘(a) TRAINING.—The Administrator may—

15 ‘‘(1) develop and carry out projects for the pur16 pose of training representatives and personnel of

17 public and private agencies, including practitioners

18 in juvenile justice, law enforcement, courts, correc19 tions, schools, and related services, to carry out the

20 purposes specified in section 102; and

21 ‘‘(2) make grants to and contracts with public

22 and private agencies, institutions, and organizations

23 for the purpose of training representatives and per24 sonnel of public and private agencies, including prac25 titioners in juvenile justice, law enforcement, courts,
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1 corrections, schools, and related services, to carry

2 out the purposes specified in section 102.

3 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator

4 may—

5 ‘‘(1) develop and implement projects for the

6 purpose of providing technical assistance to rep7 resentatives and personnel of public and private

8 agencies and organizations, including practitioners

9 in juvenile justice, law enforcement, courts, correc10 tions, schools, and related services, in the establish11 ment, implementation, and operation of programs,

12 projects, and activities for which financial assistance

13 is provided under this title; and

14 ‘‘(2) make grants to and contracts with public

15 and private agencies, institutions, and organizations,

16 for the purpose of providing technical assistance to

17 representatives and personnel of public and private

18 agencies, including practitioners in juvenile justice,

19 law enforcement, courts, corrections, schools, and re20 lated services, in the establishment, implementation,

21 and operation of programs, projects, and activities

22 for which financial assistance is provided under this

23 title.’’.
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1 SEC. 4911. DEMONSTRATION PROJECTS.

2 Title II of the Juvenile Justice and Delinquency Pre3 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

4 by inserting after part K, as added by section 4910 of

5 this title, the following:

6 ‘‘PART L—DEVELOPING, TESTING, AND DEM7 ONSTRATING PROMISING NEW INITIATIVES

8 AND PROGRAMS

9 ‘‘SEC. 294. GRANTS AND PROJECTS.

10 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis11 trator may make grants to and contracts with States,

12 units of general local government, Indian tribal govern13 ments, public and private agencies, organizations, and in14 dividuals, or combinations thereof, to carry out projects

15 for the development, testing, and demonstration of promis16 ing initiatives and programs for the prevention, control,

17 or reduction of juvenile delinquency. The Administrator

18 shall ensure that, to the extent reasonable and practicable,

19 such grants are made to achieve an equitable geographical

20 distribution of such projects throughout the United

21 States.

22 ‘‘(b) USE OF GRANTS.—A grant made under sub23 section (a) may be used to pay all or part of the cost of

24 the project for which such grant is made.
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1 ‘‘SEC. 294A. GRANTS FOR TECHNICAL ASSISTANCE.

2 ‘‘The Administrator may make grants to and con3 tracts with public and private agencies, organizations, and

4 individuals to provide technical assistance to States, units

5 of general local government, Indian tribal governments,

6 local private entities or agencies, or any combination

7 thereof, to carry out the projects for which grants are

8 made under section 261.

9 ‘‘SEC. 294B. ELIGIBILITY.

10 ‘‘To be eligible to receive a grant made under this

11 part, a public or private agency, Indian tribal government,

12 organization, institution, individual, or combination there13 of shall submit an application to the Administrator at such

14 time, in such form, and containing such information as

15 the Administrator may reasonable require by rule.

16 ‘‘SEC. 294C. REPORTS.

17 ‘‘Recipients of grants made under this part shall sub18 mit to the Administrator such reports as may be reason19 ably requested by the Administrator to describe progress

20 achieved in carrying the projects for which such grants

21 are made.’’.

22 SEC. 4912. AUTHORIZATION OF APPROPRIATIONS.

23 Section 299 of the Juvenile Justice and Delinquency

24 Prevention Act of 1974 (42 U.S.C. 5671) is amended—

25 (1) by striking subsection (e); and
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1 (2) by striking subsections (a) and (b), and in2 serting the following:

3 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR

4 TITLE II.—

5 ‘‘(1) IN GENERAL.—There are authorized to be

6 appropriated to carry out this title such sums as

7 may be appropriate for fiscal years 2000, 2001, and

8 2002.

9 ‘‘(2) ALLOCATION.—Of the amount made avail10 able for each fiscal year to carry out this title not

11 more than 5 percent shall be available to carry out

12 part A.

13 SEC. 4913. ADMINISTRATIVE AUTHORITY.

14 Section 299A(d) of the Juvenile Justice and Delin15 quency Prevention Act of 1974 (42 U.S.C. 5672) is

16 amended by striking ‘‘as are consistent with the purpose

17 of this Act’’ and inserting ‘‘only to the extent necessary

18 to ensure that there is compliance with the specific re19 quirements of this title or to respond to requests for clari20 fication and guidance relating to such compliance’’.

21 SEC. 4914. USE OF FUNDS.

22 Section 299C of the Juvenile Justice and Delin23 quency Prevention Act of 1974 (42 U.S.C. 5674) is

24 amended—

25 (1) in subsection (a)—
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1 (A) by striking ‘‘may be used for’’;

2 (B) in paragraph (1), by inserting ‘‘may be

3 used for’’ after ‘‘(1)’’; and

4 (C) by striking paragraph (2) and insert5 ing the following:

6 ‘‘(2) may not be used for the cost of construc7 tion of any short- or long-term facilities for adult or

8 juvenile offenders, except not more than 15 percent

9 of the funds received under this title by a State for

10 a fiscal year may be used for the purpose of renovat11 ing or replacing juvenile facilities.’’;

12 (2) by striking subsection (b); and

13 (3) by redesignating subsection (c) as sub14 section (b).

15 SEC. 4915. LIMITATION ON USE OF FUNDS.

16 Part M of title II of the Juvenile Justice and Delin17 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

18 as redesignated by section 4007 of this title, is amended

19 by adding at the end the following:

20 ‘‘SEC. 299F. LIMITATION ON USE OF FUNDS.

21 ‘‘None of the funds made available to carry out this

22 title may be used to advocate for, or support, the unse23 cured release of juveniles who are charged with a violent

24 crime.’’.
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1 SEC. 4916. RULES OF CONSTRUCTION.

2 Part M of title II of the Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

4 as amended by section 4915 of this title, is amended by

5 adding at the end the following:

6 ‘‘SEC. 299G. RULES OF CONSTRUCTION.

7 ‘‘Nothing in this title or title I may be construed—

8 ‘‘(1) to prevent financial assistance from being

9 awarded through grants under this title to any oth10 erwise eligible organization; or

11 ‘‘(2) to modify or affect any Federal or State

12 law relating to collective bargaining rights of em13 ployees.’’.

14 SEC. 4917. LEASING SURPLUS FEDERAL PROPERTY.

15 Part M of title II of the Juvenile Justice and Delin16 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

17 as amended by section 4916 of this title, is amended by

18 adding at the end the following:

19 ‘‘SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

20 ‘‘The Administrator may receive surplus Federal

21 property (including facilities) and may lease such property

22 to States and units of general local government for use

23 in or as facilities for juvenile offenders, or for use in or

24 as facilities for delinquency prevention and treatment ac25 tivities.’’.
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1 SEC. 4918. ISSUANCE OF RULES.

2 Part M of title II or the Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),

4 as amended by section 4917 of this title, is amended by

5 adding at the end the following:

6 ‘‘SEC. 299I. ISSUANCE OF RULES.

7 ‘‘The Administrator shall issue rules to carry out this

8 title, including rules that establish procedures and meth9 ods for making grants and contracts, and distributing

10 funds available, to carry out this title.’’.

11 SEC. 4919. TECHNICAL AND CONFORMING AMENDMENTS.

12 (a) TECHNICAL AMENDMENTS.—The Juvenile Jus13 tice and Delinquency Prevention Act of 1974 (42 U.S.C.

14 5601 et seq.) is amended—

15 (1) in section 202(b), by striking ‘‘prescribed

16 for GS–18 of the General Schedule by section 5332’’

17 and inserting ‘‘payable under section 5376’’;

18 (2) in section 221(b)(2), by striking the last

19 sentence; and

20 (3) in section 299D, by striking subsection (d).

21 (b) CONFORMING AMENDMENTS.—

22 (1) TITLE 5.—Section 5315 of title 5, United

23 States Code, is amended by striking ‘‘Office of Juve24 nile Justice and Delinquency Prevention’’ and in25 serting ‘‘Office of Juvenile Crime Control and Delin26 quency Prevention’’.
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1 (2) TITLE 18.—Section 4351(b) of title 18,

2 United States Code, is amended by striking ‘‘Office

3 of Juvenile Justice and Delinquency Prevention’’

4 and inserting ‘‘Office of Juvenile Crime Control and

5 Delinquency Prevention’’.

6 (3) TITLE 39.—Subsections (a)(1) and (c) of

7 section 3220 of title 39, United States Code, is

8 amended by striking ‘‘Office of Juvenile Justice and

9 Delinquency Prevention’’ each place it appears and

10 inserting ‘‘Office of Juvenile Crime Control and De11 linquency Prevention’’.

12 (4) SOCIAL SECURITY ACT.—Section 463(f) of

13 the Social Security Act (42 U.S.C. 663(f)) is amend14 ed by striking ‘‘Office of Juvenile Justice and Delin15 quency Prevention’’ and inserting ‘‘Office of Juve16 nile Crime Control and Delinquency Prevention’’.

17 (5) OMNIBUS CRIME CONTROL AND SAFE

18 STREETS ACT OF 1968.—Sections 801(a), 804, 805,

19 and 813 of title I of the Omnibus Crime Control and

20 Safe Streets Act of 1968 (42 U.S.C. 3712(a), 3782,

21 3785, 3786, 3789i) are each amended by striking

22 ‘‘Office of Juvenile Justice and Delinquency Preven23 tion’’ each place it appears and inserting ‘‘Office of

24 Juvenile Crime Control and Delinquency Preven25 tion’’.
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1 (6) VICTIMS OF CHILD ABUSE ACT OF 1990.—

2 The Victims of Child Abuse Act of 1990 (42 U.S.C.

3 13001 et seq.) is amended—

4 (A) in section 214(b)(1), by striking ‘‘262,

5 293, and 296 of subpart II of title II’’ and in6 serting ‘‘299B and 299E’’;

7 (B) in section 214A(c)(1), by striking

8 ‘‘262, 293, and 296 of subpart II of title II’’

9 and inserting ‘‘299B and 299E’’;

10 (C) in sections 217 and 222, by striking

11 ‘‘Office of Juvenile Justice and Delinquency

12 Prevention’’ each place it appears and inserting

13 ‘‘Office of Juvenile Crime Control and Delin14 quency Prevention’’; and

15 (D) in section 223(c), by striking ‘‘section

16 262, 293, and 296’’ and inserting ‘‘sections

17 262, 299B, and 299E’’.

18 (7) MISSING CHILDREN’S ASSISTANCE.—The

19 Missing Children’s Assistance Act (42 U.S.C. 5771

20 et seq.) is amended—

21 (A) in section 403(2), by striking ‘‘Justice

22 and Delinquency Prevention’’ and inserting

23 ‘‘Crime Control and Delinquency Prevention’’;

24 and
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1 (B) in subsections (a)(5)(E) and (b)(1)(B)

2 of section 404, by striking ‘‘section 313’’ and

3 inserting ‘‘section 331’’.

4 (8) CRIME CONTROL ACT OF 1990.—The Crime

5 Control Act of 1990 (42 U.S.C. 13001 et seq.) is

6 amended—

7 (A) in section 217(c)(1), by striking ‘‘sec8 tions 262, 293, and 296 of subpart II of title

9 II’’ and inserting ‘‘sections 299B and 299E’’;

10 and

11 (B) in section 223(c), by striking ‘‘section

12 262, 293, and 296 of title II’’ and inserting

13 ‘‘sections 299B and 299E’’.

14 SEC. 4920. REFERENCES.

15 In any Federal law (excluding this Act and the Acts

16 amended by this Act), Executive order, rule, regulation,

17 order, delegation of authority, grant, contract, suit, or

18 document—

19 (1) a reference to the Office of Juvenile Justice

20 and Delinquency Prevention shall be deemed to in21 clude a reference to the Office of Juvenile Crime

22 Control and Delinquency Prevention, and

23 (2) a reference to the National Institute for Ju24 venile Justice and Delinquency Prevention shall be
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1 deemed to include a reference to Office of Juvenile

2 Crime Control and Delinquency Prevention.

3 TITLE V—DRUG TESTING AND

4 INTERVENTION

5 Subtitle A—Protecting Children

6 From Dangerous Drugs

7 PART 1—TARGETING SERIOUS DRUG CRIMES

8 SEC. 5001. INCREASED PENALTIES FOR USING MINORS TO

9 DISTRIBUTE DRUGS.

10 Section 420 of the Controlled Substances Act (21

11 U.S.C. 861) is amended—

12 (1) in subsection (b), by striking ‘‘one year’’

13 and inserting ‘‘three years’’;

14 (2) in subsection (c), by striking ‘‘one year’’

15 and inserting ‘‘five years’’; and

16 (3) by striking subsection (e) and inserting the

17 following:

18 ‘‘(e) PROBATION PROHIBITED.—In the case of any

19 sentence imposed under this section, probation shall not

20 be granted.’’.

21 SEC. 5002. INCREASED PENALTIES FOR DISTRIBUTING

22 DRUGS TO MINORS.

23 Section 418 of the Controlled Substances Act (21

24 U.S.C. 859) is amended—
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1 (1) in subsection (a), by striking ‘‘one year’’

2 and inserting ‘‘three years’’;

3 (2) in subsection (b), by striking ‘‘one year’’

4 and inserting ‘‘five years’’; and

5 (3) in subsections (a) and (b), by striking

6 ‘‘under twenty-one’’ each place it appears and in7 serting ‘‘under eighteen’’.

8 SEC. 5003. INCREASED PENALTY FOR DRUG TRAFFICKING

9 IN OR NEAR A SCHOOL OR OTHER PRO10 TECTED LOCATION.

11 Section 419 of the Controlled Substances Act (21

12 U.S.C. 860) is amended—

13 (1) in subsection (a), by striking ‘‘one year’’

14 and inserting ‘‘3 years’’; and

15 (2) in subsection (b), by striking ‘‘three years’’

16 each place it appears and inserting ‘‘5 years’’.

17 SEC. 5004. INCREASED PENALTIES FOR USING FEDERAL

18 PROPERTY TO GROW OR MANUFACTURE

19 CONTROLLED SUBSTANCES.

20 (a) IN GENERAL.—Section 401(b)(5) of the Con21 trolled Substances Act (21 U.S.C. 841(b)(5)) is amended

22 to read as follows:

23 ‘‘(5) Any person who violates subsection (a) of

24 this section by cultivating or manufacturing a con25 trolled substance on any property in whole or in part
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1 owned by or leased to the United States or any de2 partment or agency thereof shall be subject to twice

3 the maximum punishment otherwise authorized for

4 the offense.’’.

5 (b) SENTENCING ENHANCEMENT.—

6 (1) IN GENERAL.—Pursuant to its authority

7 under section 994(p) of title 28, United States Code,

8 the United States Sentencing Commission shall

9 amend the Federal sentencing guidelines to provide

10 an appropriate sentencing enhancement for any of11 fense under section 401(b)(5) of the Controlled Sub12 stances Act (21 U.S.C. 841(b)(5)) that occurs on

13 Federal property.

14 (2) CONSISTENCY.—In carrying out this sec15 tion, the United States Sentencing Commission

16 shall—

17 (A) ensure that there is reasonable consist18 ency with other Federal sentencing guidelines;

19 and

20 (B) avoid duplicative punishment for sub21 stantially the same offense.
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1 SEC. 5005. CLARIFICATION OF LENGTH OF SUPERVISED RE2 LEASE TERMS IN CONTROLLED SUBSTANCE

3 CASES.

4 Subparagraphs (A) through (D) of section 401(b)(1)

5 of the Controlled Substances Act (21 U.S.C. 841(b)(1))

6 are each amended by striking ‘‘Any sentence’’ and insert7 ing ‘‘Notwithstanding section 3583 of title 18, any sen8 tence’’.

9 SEC. 5006. SUPERVISED RELEASE PERIOD AFTER CONVIC10 TION FOR CONTINUING CRIMINAL ENTER11 PRISE.

12 Section 848(a) of title 21, United States Code, is

13 amended by adding to the end of the following: ‘‘Any sen14 tence under this paragraph shall, in the absence of such

15 a prior conviction, impose a term of supervised release of

16 not less than 10 years in addition to such term of impris17 onment and shall, if there was such a prior conviction,

18 impose a term of supervised release of not less than 15

19 years in addition to such term of imprisonment.’’

20 PART 2—COMPREHENSIVE DRUG EDUCATION

21 SEC. 5111. EXTENSION OF SAFE AND DRUG-FREE SCHOOLS

22 AND COMMUNITIES PROGRAM.

23 Title IV of the Elementary and Secondary Education

24 Act (20 U.S.C. 7104) is amended to read as follows:
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1 ‘‘TITLE IV—AUTHORIZATIONS

2 ‘‘SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

3 ‘‘There is authorized to be appropriated for State

4 grants under subpart 1 and national programs under sub5 part 2, $655,000,000 for fiscal years 2000 and 2001, and

6 $955,000,000 for fiscal years 2002 through 2003, of

7 which the following amounts may be appropriated from

8 the Violent Crime Reduction Trust Fund:

9 ‘‘(1) $300,000,000 for fiscal year 2002; and

10 ‘‘(2) $300,000,000 for fiscal year 2003.’’.

11 PART 3—DRUG TREATMENT FOR JUVENILES

12 SEC. 5121. DRUG TREATMENT FOR JUVENILES.

13 Title V of the Public Health Service Act (42 U.S.C.

14 290aa et seq.) is amended by adding at the end the follow15 ing:

16 ‘‘PART G—RESIDENTIAL TREATMENT PROGRAMS

17 FOR JUVENILES

18 ‘‘SEC. 575. RESIDENTIAL TREATMENT PROGRAMS FOR JU19 VENILES.

20 ‘‘(a) IN GENERAL.—The Director of the Center for

21 Substance Abuse Treatment shall award grants to, or

22 enter into cooperative agreements or contracts, with public

23 and nonprofit private entities for the purpose of providing

24 treatment to juveniles for substance abuse through pro25 grams in which, during the course of receiving such treat-
337

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1 ment the juveniles reside in facilities made available by

2 the programs.

3 ‘‘(b) AVAILABILITY OF SERVICES FOR EACH PARTIC4 IPANT.—A funding agreement for an award under sub5 section (a) for an applicant is that, in the program oper6 ated pursuant to such subsection—

7 ‘‘(1) treatment services will be available

8 through the applicant, either directly or through

9 agreements with other public or nonprofit private

10 entities; and

11 ‘‘(2) the services will be made available to each

12 person admitted to the program.

13 ‘‘(c) INDIVIDUALIZED PLAN OF SERVICES.—A fund14 ing agreement for an award under subsection (a) for an

15 applicant is that—

16 ‘‘(1) in providing authorized services for an eli17 gible person pursuant to such subsection, the appli18 cant will, in consultation with the juvenile and, if ap19 propriate the parent or guardian of the juvenile, pre20 pare an individualized plan for the provision to the

21 juvenile or young adult of the services; and

22 ‘‘(2) treatment services under the plan will

23 include—
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1 ‘‘(A) individual, group, and family counsel2 ing, as appropriate, regarding substance abuse;

3 and

4 ‘‘(B) followup services to assist the juvenile

5 or young adult in preventing a relapse into such

6 abuse.

7 ‘‘(d) ELIGIBLE SUPPLEMENTAL SERVICES.—Grants

8 under subsection (a) may be used to provide an eligible

9 juvenile, the following services:

10 ‘‘(1) HOSPITAL REFERRALS.—Referrals for nec11 essary hospital services.

12 ‘‘(2) HIV AND AIDS COUNSELING.—Counseling

13 on the human immunodeficiency virus and on ac14 quired immune deficiency syndrome.

15 ‘‘(3) DOMESTIC VIOLENCE AND SEXUAL ABUSE

16 COUNSELING.—Counseling on domestic violence and

17 sexual abuse.

18 ‘‘(4) PREPARATION FOR REENTRY INTO SOCI19 ETY.—Planning for and counseling to assist reentry

20 into society, both before and after discharge, includ21 ing referrals to any public or nonprofit private enti22 ties in the community involved that provide services

23 appropriate for the juvenile.

24 ‘‘(e) MINIMUM QUALIFICATIONS FOR RECEIPT OF

25 AWARD.—
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1 ‘‘(1) CERTIFICATION BY RELEVANT STATE

2 AGENCY.—With respect to the principal agency of a

3 State or Indian tribe that administers programs re4 lating to substance abuse, the Director may award

5 a grant to, or enter into a cooperative agreement or

6 contract with, an applicant only if the agency or In7 dian tribe has certified to the Director that—

8 ‘‘(A) the applicant has the capacity to

9 carry out a program described in subsection (a);

10 ‘‘(B) the plans of the applicant for such a

11 program are consistent with the policies of such

12 agency regarding the treatment of substance

13 abuse; and

14 ‘‘(C) the applicant, or any entity through

15 which the applicant will provide authorized

16 services, meets all applicable State licensure or

17 certification requirements regarding the provi18 sion of the services involved.

19 ‘‘(2) STATUS AS MEDICAID PROVIDER.—

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graphs (B) and (C), the Director may make a

22 grant, or enter into a cooperative agreement or

23 contract, under subsection (a) only if, in the

24 case of any authorized service that is available

25 pursuant to the State plan approved under title
340

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1 XIX of the Social Security Act (42 U.S.C. 1396

2 et seq.) for the State involved—

3 ‘‘(i) the applicant for the grant, coop4 erative agreement, or contract will provide

5 the service directly, and the applicant has

6 entered into a participation agreement

7 under the State plan and is qualified to re8 ceive payments under such plan; or

9 ‘‘(ii) the applicant will enter into an

10 agreement with a public or nonprofit pri11 vate entity under which the entity will pro12 vide the service, and the entity has entered

13 into such a participation agreement plan

14 and is qualified to receive such payments.

15 ‘‘(B) SERVICES.—

16 ‘‘(i) IN GENERAL.—In the case of an

17 entity making an agreement pursuant to

18 subparagraph (A)(ii) regarding the provi19 sion of services, the requirement estab20 lished in such subparagraph regarding a

21 participation agreement shall be waived by

22 the Director if the entity does not, in pro23 viding health care services, impose a

24 charge or accept reimbursement available

25 from any third party payor, including re-
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1 imbursement under any insurance policy or

2 under any Federal or State health benefits

3 plan.

4 ‘‘(ii) VOLUNTARY DONATIONS.—A de5 termination by the Director of whether an

6 entity referred to in clause (i) meets the

7 criteria for a waiver under such clause

8 shall be made without regard to whether

9 the entity accepts voluntary donations re10 garding the provision of services to the

11 public.

12 ‘‘(C) MENTAL DISEASES.—

13 ‘‘(i) IN GENERAL.—With respect to

14 any authorized service that is available

15 pursuant to the State plan described in

16 subparagraph (A), the requirements estab17 lished in such subparagraph shall not

18 apply to the provision of any such service

19 by an institution for mental diseases to an

20 individual who has attained 21 years of

21 age and who has not attained 65 years of

22 age.

23 ‘‘(ii) DEFINITION OF INSTITUTION

24 FOR MENTAL DISEASES.—In this subpara25 graph, the term ‘institution for mental dis-
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1 eases’ has the same meaning as in section

2 1905(i) of the Social Security Act (42

3 U.S.C. 1396d(i)).

4 ‘‘(f) REQUIREMENTS FOR MATCHING FUNDS.—

5 ‘‘(1) IN GENERAL.—With respect to the costs of

6 the program to be carried out by an applicant pursu7 ant to subsection (a), a funding agreement for an

8 award under such subsection is that the applicant

9 will make available (directly or through donations

10 from public or private entities) non-Federal con11 tributions toward such costs in an amount that—

12 ‘‘(A) for the first fiscal year for which the

13 applicant receives payments under an award

14 under such subsection, is not less than $1 for

15 each $9 of Federal funds provided in the

16 award;

17 ‘‘(B) for any second such fiscal year, is not

18 less than $1 for each $9 of Federal funds pro19 vided in the award; and

20 ‘‘(C) for any subsequent such fiscal year, is

21 not less than $1 for each $3 of Federal funds

22 provided in the award.

23 ‘‘(2) DETERMINATION OF AMOUNT CONTRIB24 UTED.—Non-Federal contributions required in para25 graph (1) may be in cash or in kind, fairly evalu-
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1 ated, including plant, equipment, or services.

2 Amounts provided by the Federal Government, or

3 services assisted or subsidized to any significant ex4 tent by the Federal Government, may not be in5 cluded in determining the amount of such non-Fed6 eral contributions.

7 ‘‘(g) OUTREACH.—A funding agreement for an award

8 under subsection (a) for an applicant is that the applicant

9 will provide outreach services in the community involved

10 to identify juveniles who are engaging in substance abuse

11 and to encourage the juveniles to undergo treatment for

12 such abuse.

13 ‘‘(h) ACCESSIBILITY OF PROGRAM.—A funding

14 agreement for an award under subsection (a) for an appli15 cant is that the program operated pursuant to such sub16 section will be operated at a location that is accessible to

17 low income juveniles.

18 ‘‘(i) CONTINUING EDUCATION.—A funding agree19 ment for an award under subsection (a) is that the appli20 cant involved will provide for continuing education in

21 treatment services for the individuals who will provide

22 treatment in the program to be operated by the applicant

23 pursuant to such subsection.

24 ‘‘(j) IMPOSITION OF CHARGES.—A funding agree25 ment for an award under subsection (a) for an applicant
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1 is that, if a charge is imposed for the provision of author2 ized services to or on behalf of an eligible juvenile, such

3 charge—

4 ‘‘(1) will be made according to a schedule of

5 charges that is made available to the public;

6 ‘‘(2) will be adjusted to reflect the economic

7 condition of the juvenile involved; and

8 ‘‘(3) will not be imposed on any such juvenile

9 whose family has an income of less than 185 percent

10 of the official poverty line, as established by the Di11 rector of the Office for Management and Budget

12 and revised by the Secretary in accordance with sec13 tion 673(2) of the Omnibus Budget Reconciliation

14 Act of 1981 (42 U.S.C. 9902(2)).

15 ‘‘(k) REPORTS TO DIRECTOR.—A funding agreement

16 for an award under subsection (a) is that the applicant

17 involved will submit to the Director a report—

18 ‘‘(1) describing the utilization and costs of serv19 ices provided under the award;

20 ‘‘(2) specifying the number of juveniles served,

21 and the type and costs of services provided; and

22 ‘‘(3) providing such other information as the

23 Director determines to be appropriate.

24 ‘‘(l) REQUIREMENT OF APPLICATION.—The Director

25 may make an award under subsection (a) only if an appli-
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1 cation for the award is submitted to the Director contain2 ing such agreements, and the application is in such form,

3 is made in such manner, and contains such other agree4 ments and such assurances and information as the Direc5 tor determines to be necessary to carry out this section.

6 ‘‘(m) EQUITABLE ALLOCATION OF AWARDS.—In

7 making awards under subsection (a), the Director shall

8 ensure that the awards are equitably allocated among the

9 principal geographic regions of the United States, as well

10 as among Indian tribes, subject to the availability of quali11 fied applicants for the awards.

12 ‘‘(n) DURATION OF AWARD.—

13 ‘‘(1) IN GENERAL.—The period during which

14 payments are made to an entity from an award

15 under this section may not exceed 5 years.

16 ‘‘(2) APPROVAL OF DIRECTOR.—The provision

17 of payments described in paragraph (1) shall be sub18 ject to—

19 ‘‘(A) annual approval by the Director of

20 the payments; and

21 ‘‘(B) the availability of appropriations for

22 the fiscal year at issue to make the payments.

23 ‘‘(3) NO LIMITATION.—This subsection may not

24 be construed to establish a limitation on the number
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1 of awards that may be made to an entity under this

2 section.

3 ‘‘(o) EVALUATIONS; DISSEMINATION OF FINDINGS.—

4 The Director shall, directly or through contract, provide

5 for the conduct of evaluations of programs carried out

6 pursuant to subsection (a). The Director shall disseminate

7 to the States the findings made as a result of the evalua8 tions.

9 ‘‘(p) REPORTS TO CONGRESS.—

10 ‘‘(1) INITIAL REPORT.—Not later than October

11 1, 2000, the Director shall submit to the Committee

12 on the Judiciary of the House of Representatives,

13 and to the Committee on the Judiciary of the Sen14 ate, a report describing programs carried out pursu15 ant to this section.

16 ‘‘(2) PERIODIC REPORTS.—

17 ‘‘(A) IN GENERAL.—Not less than bienni18 ally after the date described in paragraph (1),

19 the Director shall prepare a report describing

20 programs carried out pursuant to this section

21 during the preceding 2-year period, and shall

22 submit the report to the Administrator for in23 clusion in the biennial report under section

24 501(k).
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1 ‘‘(B) SUMMARY.—Each report under this

2 subsection shall include a summary of any eval3 uations conducted under subsection (m) during

4 the period with respect to which the report is

5 prepared.

6 ‘‘(q) DEFINITIONS.—In this section:

7 ‘‘(1) AUTHORIZED SERVICES.—The term ‘au8 thorized services’ means treatment services and sup9 plemental services.

10 ‘‘(2) JUVENILE.—The term ‘juvenile’ means

11 anyone 18 years of age or younger at the time that

12 of admission to a program operated pursuant to sub13 section (a).

14 ‘‘(3) ELIGIBLE JUVENILE.—The term ‘eligible

15 juvenile’ means a juvenile who has been admitted to

16 a program operated pursuant to subsection (a).

17 ‘‘(4) FUNDING AGREEMENT UNDER SUB18 SECTION (A).—The term ‘funding agreement under

19 subsection (a)’, with respect to an award under sub20 section (a), means that the Director may make the

21 award only if the applicant makes the agreement in22 volved.

23 ‘‘(5) TREATMENT SERVICES.—The term ‘treat24 ment services’ means treatment for substance abuse,
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1 including the counseling and services described in

2 subsection (c)(2).

3 ‘‘(6) SUPPLEMENTAL SERVICES.—The term

4 ‘supplemental services’ means the services described

5 in subsection (d).

6 ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—

7 ‘‘(1) IN GENERAL.—For the purpose of carry8 ing out this section and section 576 there is author9 ized to be appropriated such sums as may be nec10 essary for fiscal years 2000 and 2001. There is au11 thorized to be appropriated from the Violent Crime

12 Reduction Trust Fund $300,000,000 in each of fis13 cal years 2002 and 2003.

14 ‘‘(2) TRANSFER.—For the purpose described in

15 paragraph (1), in addition to the amounts author16 ized in such paragraph to be appropriated for a fis17 cal year, there is authorized to be appropriated for

18 the fiscal year from the special forfeiture fund of the

19 Director of the Office of National Drug Control Pol20 icy such sums as may be necessary.

21 ‘‘(3) RULE OF CONSTRUCTION.—The amounts

22 authorized in this subsection to be appropriated are

23 in addition to any other amounts that are authorized

24 to be appropriated and are available for the purpose

25 described in paragraph (1).
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1 ‘‘SEC. 576. OUTPATIENT TREATMENT PROGRAMS FOR JUVE2 NILES.

3 ‘‘(a) GRANTS.—The Secretary of Health and Human

4 Services, acting through the Director of the Center for

5 Substance Abuse Treatment, shall make grants to estab6 lish projects for the outpatient treatment of substance

7 abuse among juveniles.

8 ‘‘(b) PREVENTION.—Entities receiving grants under

9 this section shall engage in activities to prevent substance

10 abuse among juveniles.

11 ‘‘(c) EVALUATION.—The Secretary of Health and

12 Human Services shall evaluate projects carried out under

13 subsection (a) and shall disseminate to appropriate public

14 and private entities information on effective projects.’’.

15 PART 4—RESCHEDULING DANGEROUS DRUGS

16 SEC. 5131. RESCHEDULING OF ‘‘CLUB’’ DRUGS.

17 Notwithstanding section 201 or subsection (a) or (b)

18 of section 202 of the Controlled Substances Act (21

19 U.S.C. 811, 812(a), 812(b)) respecting the scheduling of

20 controlled substances, the Attorney General shall, by order

21 add ketamine hydrochloride to schedule III of such Act.

22 SEC. 5132. ATTORNEY GENERAL AUTHORITY TO RESCHED23 ULE CERTAIN DRUGS POSING IMMINENT

24 DANGER TO PUBLIC SAFETY.

25 Section 201(h) of the Controlled Substances Act (21

26 U.S.C. 811)(h) is amended—
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1 (1) in paragraph (1), by striking ‘‘if the sub2 stance is not listed in any other schedule in section

3 812 of this title or’’ and by inserting ‘‘or the re4 scheduling of a previously scheduled substance’’

5 after ‘‘the scheduling of a substance’’; and

6 (2) in paragraph (2), by inserting ‘‘or resched7 uling’’ after ‘‘scheduling’’ each place it appears.

8 Subtitle B—Drug Courts

9 SEC. 5201. REAUTHORIZATION OF DRUG COURTS PRO10 GRAM.

11 (a) Section 114(b)(1)(A) of title I of Public Law

12 104–134 is repealed.

13 (b) Section 1001(a)(20) of title I of the Omnibus

14 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

15 3793(a)(20)) is amended—

16 (1) in subparagraph (E), by striking ‘‘and’’ at

17 the end;

18 (2) in subparagraph (F), by striking the period

19 at the end and inserting a semicolon; and

20 (3) by adding at the end the following:

21 ‘‘(G) $400,000,000 for fiscal year 2001; and

22 ‘‘(H) $400,000,000 for fiscal year 2002.’’.
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1 SEC. 5202. JUVENILE DRUG COURTS.

2 Title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is

4 amended—

5 (1) by redesignating part Z as part AA;

6 (2) by redesignating section 2601 as 2701; and

7 (3) by inserting after part Y the following:

8 ‘‘PART Z—JUVENILE DRUG COURTS

9 ‘‘SEC. 2601. GRANT AUTHORITY.

10 ‘‘(a) APPROPRIATE DRUG COURT PROGRAMS.—The

11 Attorney General may make grants to States, State

12 courts, local courts, units of local government, and Indian

13 tribes to establish programs that—

14 ‘‘(1) involve continuous early judicial super15 vision over juvenile offenders, other than violent ju16 venile offenders with substance abuse, or substance

17 abuse-related problems; and

18 ‘‘(2) integrate administration of other sanctions

19 and services, including—

20 ‘‘(A) mandatory periodic testing for the

21 use of controlled substances or other addictive

22 substances during any period of supervised re23 lease or probation for each participant;

24 ‘‘(B) substance abuse treatment for each

25 participant;
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1 ‘‘(C) diversion, probation, or other super2 vised release involving the possibility of prosecu3 tion, confinement, or incarceration based on

4 noncompliance with program requirements or

5 failure to show satisfactory progress;

6 ‘‘(D) programmatic, offender management,

7 and aftercare services such as relapse preven8 tion, health care, education, vocational training,

9 job placement, housing placement, and child

10 care or other family support service for each

11 participant who requires such services;

12 ‘‘(E) payment by the offender of treatment

13 costs, to the extent practicable, such as costs

14 for urinalysis or counseling; or

15 ‘‘(F) payment by the offender of restitu16 tion, to the extent practicable, to either a victim

17 of the offense at issue or to a restitution or

18 similar victim support fund.

19 ‘‘(b) CONTINUED AVAILABILITY OF GRANT

20 FUNDS.—Amounts made available under this part shall

21 remain available until expended.
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1 ‘‘SEC. 2602. PROHIBITION OF PARTICIPATION BY VIOLENT

2 OFFENDERS.

3 ‘‘The Attorney General shall issue regulations and

4 guidelines to ensure that the programs authorized in this

5 part do not permit participation by violent offenders.

6 ‘‘SEC. 2603. DEFINITION.

7 ‘‘In this part, the term ‘violent offender’ means an

8 individual charged with an offense during the course of

9 which—

10 ‘‘(1) the individual carried, possessed, or used a

11 firearm or dangerous weapon;

12 ‘‘(2) the death of or serious bodily injury of an13 other person occurred as a direct result of the com14 mission of such offense; or

15 ‘‘(3) the individual used force against the per16 son of another.

17 ‘‘SEC. 2604. ADMINISTRATION.

18 ‘‘(a) REGULATORY AUTHORITY.—The Attorney Gen19 eral shall issue any regulations and guidelines necessary

20 to carry out this part.

21 ‘‘(b) APPLICATIONS.—In addition to any other re22 quirements that may be specified by the Attorney General,

23 an application for a grant under this part shall—

24 ‘‘(1) include a long term strategy and detailed

25 implementation plan;
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1 ‘‘(2) explain the inability of the applicant to

2 fund the program adequately without Federal assist3 ance;

4 ‘‘(3) certify that the Federal support provided

5 will be used to supplement, and not supplant, State,

6 tribal, or local sources of funding that would other7 wise be available;

8 ‘‘(4) identify related governmental or commu9 nity initiatives that complement or will be coordi10 nated with the proposal;

11 ‘‘(5) certify that there has been appropriate

12 consultation with all affected agencies and that there

13 will be appropriate coordination with all affected

14 agencies in the implementation of the program;

15 ‘‘(6) certify that participating offenders will be

16 supervised by one or more designated judges with re17 sponsibility for the drug court program;

18 ‘‘(7) specify plans for obtaining necessary sup19 port and continuing the proposed program following

20 the conclusion of Federal support; and

21 ‘‘(8) describe the methodology that will be used

22 in evaluating the program.

23 ‘‘SEC. 2605. APPLICATIONS.

24 ‘‘To request funds under this part, the chief executive

25 or the chief justice of a State, or the chief executive or
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1 chief judge of a unit of local government or Indian tribe

2 shall submit an application to the Attorney General in

3 such form and containing such information as the Attor4 ney General may reasonably require.

5 ‘‘SEC. 2606. FEDERAL SHARE.

6 ‘‘(a) IN GENERAL.—The Federal share of a grant

7 made under this part may not exceed 75 percent of the

8 total costs of the program described in the application sub9 mitted under section 2605 for the fiscal year for which

10 the program receives assistance under this part.

11 ‘‘(b) WAIVER.—The Attorney General may waive, in

12 whole or in part, the requirement of a matching contribu13 tion under subsection (a).

14 ‘‘(c) IN-KIND CONTRIBUTIONS.—In-kind contribu15 tions may constitute a portion of the non-Federal share

16 of a grant under this part.

17 ‘‘SEC. 2607. DISTRIBUTION OF FUNDS.

18 ‘‘(a) GEOGRAPHICAL DISTRIBUTION.—The Attorney

19 General shall ensure that, to the extent practicable, an eq20 uitable geographic distribution of grant awards is made.

21 ‘‘(b) INDIAN TRIBES.—The Attorney General shall

22 allocate 0.75 percent of amounts made available under

23 this subtitle for grants to Indian tribes.
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1 ‘‘SEC. 2608. REPORT.

2 ‘‘A State, Indian tribe, or unit of local government

3 that receives funds under this part during a fiscal year

4 shall submit to the Attorney General, in March of the year

5 following receipt of a grant under this part, a report re6 garding the effectiveness of programs established pursu7 ant to this part.

8 ‘‘SEC. 2609. TECHNICAL ASSISTANCE, TRAINING, AND EVAL9 UATION.

10 ‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The

11 Attorney General may provide technical assistance and

12 training in furtherance of the purposes of this part.

13 ‘‘(b) EVALUATIONS.—In addition to any evaluation

14 requirements that may be prescribed for grantees, the At15 torney General may carry out or make arrangements for

16 evaluations of programs that receive support under this

17 part.

18 ‘‘(c) ADMINISTRATION.—The technical assistance,

19 training, and evaluations authorized by this section may

20 be carried out directly by the Attorney General, in collabo21 ration with the Secretary of Health and Human Services,

22 or through grants, contracts, or other cooperative arrange23 ments with other entities.

24 ‘‘SEC. 2610. UNAWARDED FUNDS.

25 ‘‘The Attorney General may reallocate any grant

26 funds that are not awarded for juvenile drug courts under
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1 this part for use for other juvenile delinquency and crime

2 prevention initiatives.

3 ‘‘SEC. 2611. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to be appropriated to carry out

5 this part from the Violent Crime Reduction Trust Fund—

6 ‘‘(1) such sums as may be necessary for each

7 of fiscal years 2000 and 2001;

8 ‘‘(2) $50,000,000 for fiscal year 2002; and

9 ‘‘(3) $50,000,000 for fiscal year 2003.’’.

10 Subtitle C—Development of Medi11 cines for the Treatment of Drug

12 Addiction

13 PART 1—PHARMACOTHERAPY RESEARCH

14 SEC. 5301. REAUTHORIZATION FOR MEDICATION DEVELOP15 MENT PROGRAM.

16 Section 464P(e) of the Public Health Service Act (42

17 U.S.C. 285o–4(e)) is amended to read as follows:

18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

19 is authorized to be appropriated to carry out this section

20 such sums as may be necessary for each of fiscal years

21 2000 through 2004 of which the following amount may

22 be appropriated from the Violent Crime Reduction Trust

23 Fund—

24 ‘‘(1) $100,000,000 for fiscal year 2001; and

25 ‘‘(2) $100,000,000 for fiscal year 2002.’’.
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1 PART 2—PATENT PROTECTIONS FOR

2 PHARMACOTHERAPIES

3 SEC. 5302. RECOMMENDATION FOR INVESTIGATION OF

4 DRUGS.

5 Section 525(a) of the Federal Food, Drug and Cos6 metic Act (21 U.S.C. 360aa(a)) is amended—

7 (1) by striking ‘‘States’’ each place it appears

8 and inserting ‘‘States, or for treatment of an addic9 tion to illegal drugs’’; and

10 (2) by striking ‘‘such disease or condition’’ each

11 place it appears and inserting ‘‘such disease, condi12 tion, or treatment of such addiction’’.

13 SEC. 5303. DESIGNATION OF DRUGS.

14 Section 526(a) of the Federal, Food, Drug, and Cos15 metic Act (21 U.S.C. 360bb(a)) is amended—

16 (1) in paragraph (1)—

17 (A) by inserting before the period in the

18 first sentence the following: ‘‘or for treatment

19 of an addiction to illegal drugs’’;

20 (B) in the third sentence, by striking ‘‘rare

21 disease or condition’’ and inserting ‘‘rare dis22 ease or condition, or for treatment of an addic23 tion to illegal drugs,’’; and

24 (C) by striking ‘‘such disease or condition’’

25 each place it appears and inserting ‘‘such dis-
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1 ease, condition, or treatment of such addic2 tion’’; and

3 (2) in paragraph (2)—

4 (A) by striking ‘‘(2) For’’ and inserting

5 ‘‘(2)(A) For’’;

6 (B) by striking ‘‘(A) affects’’ and inserting

7 ‘‘(i) affects’’;

8 (C) by striking ‘‘(B) affects’’ and inserting

9 ‘‘(ii) affects’’; and

10 (D) by adding at the end the following:

11 ‘‘(B) TREATMENT OF AN ADDICTION TO ILLEGAL

12 DRUGS.—The term ‘treatment of an addiction to illegal

13 drugs’ means any pharmacological agent or medication

14 that—

15 ‘‘(i) reduces the craving for an illegal drug for

16 an individual who—

17 ‘‘(I) habitually uses the illegal drug in a

18 manner that endangers the public health, safe19 ty, or welfare; or

20 ‘‘(II) is so addicted to the use of the illegal

21 drug that the individual is not able to control

22 the addiction through the exercise of self-con23 trol;
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1 ‘‘(ii) blocks the behavioral and physiological ef2 fects of an illegal drug for an individual described in

3 clause (i);

4 ‘‘(iii) safely serves as a replacement therapy for

5 the treatment of drug abuse for an individual de6 scribed in clause (i);

7 ‘‘(iv) moderates or eliminates the process of

8 withdrawal for an individual described in clause (i);

9 ‘‘(v) blocks or reverses the toxic effect of an il10 legal drug on an individual described in clause (i);

11 or

12 ‘‘(vi) prevents, where possible, the initiation of

13 drug abuse in individuals at high risk.

14 ‘‘(C) ILLEGAL DRUG.—The term ‘illegal drug’ means

15 a controlled substance identified under schedules I, II, III,

16 IV, and V in section 202(c) of the Controlled Substance

17 Act (21 U.S.C. 812(c)).’’.

18 SEC. 5304. PROTECTION FOR DRUGS.

19 Section 527 of the Federal Food, Drug and Cosmetic

20 Act (21 U.S.C. 360cc) is amended—

21 (1) by striking ‘‘rare disease or condition’’ each

22 place it appears and inserting ‘‘rare disease or con23 dition or for treatment of an addiction to illegal

24 drugs’’;
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1 (2) by striking ‘‘such disease or condition’’ each

2 place it appears and inserting ‘‘such disease, condi3 tion, or treatment of the addiction’’; and

4 (3) in subsection (b)(1), by striking ‘‘the dis5 ease or condition’’ and inserting ‘‘the disease, condi6 tion, or addiction’’.

7 SEC. 5305. OPEN PROTOCOLS FOR INVESTIGATIONS OF

8 DRUGS.

9 Section 528 of the Federal Food, Drug and Cosmetic

10 Act (21 U.S.C. 360dd) is amended—

11 (1) by striking ‘‘rare disease or condition’’ and

12 inserting ‘‘rare disease or condition or for treatment

13 of an addiction to illegal drugs’’; and

14 (2) by striking ‘‘the disease or condition’’ each

15 place it appears and inserting ‘‘the disease, condi16 tion, or addiction’’.

17 PART 3—ENCOURAGING PRIVATE SECTOR

18 DEVELOPMENT OF PHARMACOTHERAPIES

19 SEC. 5306. DEVELOPMENT, MANUFACTURE, AND PROCURE20 MENT OF DRUGS FOR THE TREATMENT OF

21 ADDICTION TO ILLEGAL DRUGS.

22 Chapter V of the Federal Food, Drug and Cosmetic

23 Act (21 U.S.C. 351 et seq.) is amended by adding at the

24 end the following:
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1 ‘‘Subchapter D—Drugs for Cocaine and

2 Heroin Addictions

3 ‘‘SEC. 551. CRITERIA FOR AN ACCEPTABLE DRUG TREAT4 MENT FOR COCAINE AND HEROIN ADDIC5 TIONS.

6 ‘‘(a) IN GENERAL.—Subject to subsections (b) and

7 (c), the Secretary shall, through the Institute of Medicine

8 of the National Academy of Sciences, establish criteria for

9 an acceptable drug for the treatment of an addiction to

10 cocaine and for an acceptable drug for the treatment of

11 an addiction to heroin. The criteria shall be used by the

12 Secretary in making a contract, or entering into a licens13 ing agreement, under section 552.

14 ‘‘(b) REQUIREMENTS.—The criteria established

15 under subsection (a) for a drug shall include

16 requirements—

17 ‘‘(1) that the application to use the drug for the

18 treatment of addiction to cocaine or heroin was filed

19 and approved by the Secretary under this Act after

20 the date of enactment of this section;

21 ‘‘(2) that a performance based test on the

22 drug—

23 ‘‘(A) has been conducted through the use

24 of a randomly selected test group that received

25 the drug as a treatment and a randomly se-
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1 lected control group that received a placebo;

2 and

3 ‘‘(B) has compared the long term dif4 ferences in the addiction levels of control group

5 participants and test group participants;

6 ‘‘(3) that the performance based test conducted

7 under paragraph (2) demonstrates that the drug is

8 effective through evidence that—

9 ‘‘(A) a significant number of the partici10 pants in the test who have an addiction to co11 caine or heroin are willing to take the drug for

12 the addiction;

13 ‘‘(B) a significant number of the partici14 pants in the test who have an addiction to co15 caine or heroin and who were provided the drug

16 for the addiction during the test are willing to

17 continue taking the drug as long as necessary

18 for the treatment of the addiction; and

19 ‘‘(C) a significant number of the partici20 pants in the test who were provided the drug

21 for the period of time required for the treat22 ment of the addiction refrained from the use of

23 cocaine or heroin for a period of 3 years after

24 the date of the initial administration of the

25 drug on the participants; and
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1 ‘‘(4) that the drug shall have a reasonable cost

2 of production.

3 ‘‘(c) REVIEW AND PUBLICATION OF CRITERIA.—The

4 criteria established under subsection (a) shall, prior to the

5 publication and application of such criteria, be submitted

6 for review to the Committee on the Judiciary and the

7 Committee on Economic and Educational Opportunities of

8 the House of Representatives, and the Committee on the

9 Judiciary and the Committee on Labor and Human Re10 sources of the Senate. Not later than 90 days after notify11 ing each of the committees, the Secretary shall publish the

12 criteria in the Federal Register.

13 ‘‘SEC. 552. PURCHASE OF PATENT RIGHTS FOR DRUG DE14 VELOPMENT.

15 ‘‘(a) APPLICATION.—

16 ‘‘(1) IN GENERAL.—The patent owner of a drug

17 to treat an addiction to cocaine or heroin, may sub18 mit an application to the Secretary—

19 ‘‘(A) to enter into a contract with the Sec20 retary to sell to the Secretary the patent rights

21 of the owner relating to the drug; or

22 ‘‘(B) in the case in which the drug is ap23 proved by the Secretary for more than 1 indica24 tion, to enter into an exclusive licensing agree25 ment with the Secretary for the manufacture
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1 and distribution of the drug to treat an addic2 tion to cocaine or heroin.

3 ‘‘(2) REQUIREMENTS.—An application de4 scribed in paragraph (1) shall be submitted at such

5 time and in such manner, and accompanied by such

6 information, as the Secretary may require.

7 ‘‘(b) CONTRACT AND LICENSING AGREEMENTS.—

8 ‘‘(1) REQUIREMENTS.—The Secretary may

9 enter into a contract or a licensing agreement with

10 a patent owner who has submitted an application in

11 accordance with (a) if the drug covered under the

12 contract or licensing agreement meets the criteria

13 established by the Secretary under section 551(a).

14 ‘‘(2) SPECIAL RULE.—The Secretary may enter

15 into—

16 ‘‘(A) not more than 1 contract or exclusive

17 licensing agreement relating to a drug for the

18 treatment of an addiction to cocaine; and

19 ‘‘(B) not more than 1 contract or licensing

20 agreement relating to a drug for the treatment

21 of an addiction to heroin.

22 ‘‘(3) COVERAGE.—A contract or licensing

23 agreement described in subparagraph (A) or (B) of

24 paragraph (2) shall cover not more than 1 drug.
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1 ‘‘(4) PURCHASE AMOUNT.—Subject to amounts

2 provided in advance in appropriations Acts—

3 ‘‘(A) the amount to be paid to a patent

4 owner who has entered into a contract or licens5 ing agreement under this subsection relating to

6 a drug to treat an addiction to cocaine shall not

7 exceed $100,000,000; and

8 ‘‘(B) the amount to be paid to a patent

9 owner who has entered into a contract or licens10 ing agreement under this subsection relating to

11 a drug to treat an addiction to heroin shall not

12 exceed $50,000,000.

13 ‘‘(c) TRANSFER OF RIGHTS UNDER CONTRACTS AND

14 LICENSING AGREEMENT.—

15 ‘‘(1) CONTRACTS.—A contract under subsection

16 (b)(1) to purchase the patent rights relating to a

17 drug to treat cocaine or heroin addiction shall trans18 fer to the Secretary—

19 ‘‘(A) the exclusive right to make, use, or

20 sell the patented drug within the United States

21 for the term of the patent;

22 ‘‘(B) any foreign patent rights held by the

23 patent owner;

24 ‘‘(C) any patent rights relating to the proc25 ess of manufacturing the drug; and
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1 ‘‘(D) any trade secret or confidential busi2 ness information relating to the development of

3 the drug, process for manufacturing the drug,

4 and therapeutic effects of the drug.

5 ‘‘(2) LICENSING AGREEMENTS.—A licensing

6 agreement under subsection (b)(1) to purchase an

7 exclusive license relating to manufacture and dis8 tribution of a drug to treat an addiction to cocaine

9 or heroin shall transfer to the Secretary—

10 ‘‘(A) the exclusive right to make, use, or

11 sell the patented drug for the purpose of treat12 ing an addiction to cocaine or heroin within the

13 United States for the term of the patent;

14 ‘‘(B) the right to use any patented proc15 esses relating to manufacturing the drug; and

16 ‘‘(C) any trade secret or confidential busi17 ness information relating to the development of

18 the drug, process for manufacturing the drug,

19 and therapeutic effects of the drug relating to

20 use of the drug to treat an addiction to cocaine

21 or heroin.

22 ‘‘SEC. 553. PLAN FOR MANUFACTURE AND DEVELOPMENT.

23 ‘‘(a) IN GENERAL.—Not later than 90 days after the

24 date on which the Secretary purchases the patent rights

25 of a patent owner, or enters into a licensing agreement
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1 with a patent owner, relating to a drug under section 551,

2 the Secretary shall develop a plan for the manufacture and

3 distribution of the drug.

4 ‘‘(b) PLAN REQUIREMENTS.—The plan shall set

5 forth—

6 ‘‘(1) procedures for the Secretary to enter into

7 licensing agreements with private entities for the

8 manufacture and the distribution of the drug;

9 ‘‘(2) procedures for making the drug available

10 to nonprofit entities and private entities to use in

11 the treatment of a cocaine or heroin addiction;

12 ‘‘(3) a system to establish the sale price for the

13 drug; and

14 ‘‘(4) policies and procedures with respect to the

15 use of Federal funds by State and local governments

16 or nonprofit entities to purchase the drug from the

17 Secretary.

18 ‘‘(c) APPLICABILITY OF PROCUREMENT AND LICENS19 ING LAWS.—The procurement and licensing laws of the

20 United States shall be applicable to procurements and li21 censes covered under the plan described in subsection (a).

22 ‘‘(d) REVIEW OF PLAN.—

23 ‘‘(1) IN GENERAL.—Upon completion of the

24 plan under subsection (a), the Secretary shall notify

25 the Committee on the Judiciary and the Committee
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1 on Economic and Educational Opportunities of the

2 House of Representatives, and the Committee on the

3 Judiciary and the Committee on Labor and Human

4 Resources of the Senate, of the development of the

5 plan and publish the plan in the Federal Register.

6 The Secretary shall provide an opportunity for pub7 lic comment on the plan for a period of not more

8 than 30 days after the date of the publication of the

9 plan in the Federal Register.

10 ‘‘(2) FINAL PLAN.—Not later than 60 days

11 after the date of the expiration of the comment pe12 riod described in paragraph (1), the Secretary shall

13 publish in the Federal Register a final plan. The im14 plementation of the plan shall begin on the date of

15 the final publication of the plan.

16 ‘‘(e) CONSTRUCTION.—The development, publication,

17 or implementation of the plan, or any other agency action

18 with respect to the plan, shall not be considered agency

19 action subject to judicial review.

20 ‘‘(f) REGULATIONS.—The Secretary may promulgate

21 regulations to carry out this section.

22 ‘‘SEC. 554. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘There is authorized to be appropriated to carry out

24 this subchapter, such sums as may be necessary in each

25 of fiscal years 2000 and 2001.’’.
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1 Subtitle E—National Drug Control

2 Policy

3 SEC. 5401. STUDY ON EFFECTS OF CALIFORNIA AND ARI4 ZONA DRUG INITIATIVES.

5 (a) DEFINITION.—In this section, the term ‘‘con6 trolled substance’’ has the same meaning as in section 102

7 of the Controlled Substances Act (21 U.S.C. 802).

8 (b) STUDY.—The Director of National Drug Control

9 Policy, in consultation with the Attorney General and the

10 Secretary of Health and Human Services, shall conduct

11 a study on the effect of the 1996 voter referenda in Cali12 fornia and Arizona concerning the medicinal use of mari13 juana and other controlled substances, respectively, on—

14 (1) marijuana usage in Arizona and California;

15 (2) usage of other controlled substances in Ari16 zona and California;

17 (3) perceptions of youth of the dangerousness

18 of marijuana and other controlled substances in Ari19 zona and California;

20 (4) emergency room admissions for drug abuse

21 in Arizona and California;

22 (5) seizures of controlled substances in Arizona

23 and California;

24 (6) arrest rates for use of controlled substances

25 in Arizona and California;
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1 (7) arrest rates for trafficking of controlled

2 substances in Arizona and California;

3 (8) conviction rates in cases concerning use of

4 controlled substances in Arizona and California; and

5 (9) conviction rates in jury trials concerning use

6 of controlled substances in Arizona and California.

7 (c) REPORT.—Not later than January 1, 2000, the

8 Director of National Drug Policy, in consultation with the

9 Attorney General and the Secretary of Health and Human

10 Services, shall—

11 (1) issue a report on the results of the study

12 under subsection (b); and

13 (2) submit a copy of the report to the Commit14 tees on the Judiciary of the House of Representa15 tives and the Senate.

16 (d) AUTHORIZATIONS.—There are authorized to be

17 appropriated to carry out this section such sums as may

18 be necessary for each of fiscal years 2000 and 2001.

19 Subtitle F—Improving Effective20 ness of Youth Crime and Drug

21 Prevention Efforts

22 SEC. 5501. COMPREHENSIVE STUDY BY NATIONAL ACAD23 EMY OF SCIENCES.

24 (a) IN GENERAL.—The Attorney General shall enter

25 into a contract with a public or nonprofit private entity,
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1 subject to subsection (b), for the purpose of conducting

2 a study or studies—

3 (1) to evaluate the effectiveness of federally

4 funded programs for preventing youth violence and

5 youth substance abuse;

6 (2) to evaluate the effectiveness of federally

7 funded grant programs for preventing criminal vic8 timization of juveniles;

9 (3) to identify specific Federal programs and

10 programs that receive Federal funds that contribute

11 to reductions in youth violence, youth substance

12 abuse, and risk factors among youth that lead to

13 violent behavior and substance abuse;

14 (4) to identify specific programs that have not

15 achieved their intended results; and

16 (5) to make specific recommendations on pro17 grams that—

18 (A) should receive continued or increased

19 funding because of their proven success; or

20 (B) should have their funding terminated

21 or reduced because of their lack of effectiveness.

22 (b) NATIONAL ACADEMY OF SCIENCES.—The Attor23 ney General shall request the National Academy of

24 Sciences to enter into the contract under subsection (a)

25 to conduct the study or studies described in subsection (a).
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1 If the Academy declines to conduct the study, the Attorney

2 General shall carry out such subsection through other

3 public or nonprofit private entities.

4 (c) ASSISTANCE.—In conducting the study under

5 subsection (a) the contracting party may obtain analytic

6 assistance, data, and other relevant materials from the

7 Department of Justice and any other appropriate Federal

8 agency.

9 (d) REPORTING REQUIREMENTS.—

10 (1) IN GENERAL.—Not later than January 1,

11 2000, the Attorney General shall submit a report de12 scribing the findings made as a result of the study

13 required by subsection (a) to the Committee on the

14 Judiciary and the Committee on Economic and Edu15 cational Opportunity of the House of Representa16 tives and the Committee on the Judiciary and the

17 Committee on Labor and Human Resources of the

18 Senate.

19 (2) CONTENTS.—The report required by this

20 subsection shall contain specific recommendations

21 concerning funding levels for the programs evalu22 ated. Reports on the effectiveness of such programs

23 and recommendations on funding shall be provided

24 to the appropriate subcommittees of the Committee
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1 on Appropriations of the House of Representatives

2 and the Committee on Appropriations of the Senate.

3 (e) FUNDING.—There are authorized to be appro4 priated to carry out the study under subsection (a)

5 $1,000,000,000.

6 SEC. 5502. EVALUATION OF CRIME PREVENTION PRO7 GRAMS.

8 The Attorney General, with respect to the programs

9 in titles II, III, and IV of this Act shall provide, directly

10 or through grants and contracts, for the comprehensive

11 and thorough evaluation of the effectiveness of each pro12 gram established by this Act and the amendments made

13 by this Act.

14 SEC. 5503. EVALUATION AND RESEARCH CRITERIA.

15 (a) INDEPENDENT EVALUATIONS AND RESEARCH.—

16 Evaluations and research studies conducted pursuant to

17 this subtitle shall be independent in nature, and shall em18 ploy rigorous and scientifically recognized standards and

19 methodologies.

20 (b) CONTENT OF EVALUATIONS.—Evaluations con21 ducted pursuant to this title may include comparison be22 tween youth participating in the programs and the com23 munity at large of rates of—
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1 (1) delinquency, youth crime, youth gang activ2 ity, youth substance abuse, and other high risk fac3 tors;

4 (2) risk factors in young people that contribute

5 to juvenile violence, including academic failure, ex6 cessive school absenteeism, and dropping out of

7 school;

8 (3) risk factors in the community, schools, and

9 family environments that contribute to youth vio10 lence; and

11 (4) criminal victimizations of youth.

12 SEC. 5504. COMPLIANCE WITH EVALUATION MANDATE.

13 The Attorney General may require the recipients of

14 Federal assistance for programs under this Act to collect,

15 maintain, and report information considered to be relevant

16 to any evaluation conducted pursuant to section 5502, and

17 to conduct and participate in specified evaluation and as18 sessment activities and functions.

19 SEC. 5505. RESERVATION OF AMOUNTS FOR EVALUATION

20 AND RESEARCH.

21 (a) IN GENERAL.—The Attorney General, with re22 spect to titles II, III, and IV shall reserve not less than

23 2 percent, and not more than 4 percent, of the amounts

24 made available pursuant to such titles and the amend-
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1 ments made by such titles in each fiscal year to carry out

2 the evaluation and research required by this title.

3 (b) ASSISTANCE TO GRANTEES AND EVALUATED

4 PROGRAMS.—To facilitate the conduct and defray the

5 costs of crime prevention program evaluation and re6 search, the Attorney General shall use amounts reserved

7 under this section to provide compliance assistance to

8 grantees under this Act who are selected to participate in

9 evaluations pursuant to section 5502.

10 SEC. 5506. SENSE OF SENATE REGARDING FUNDING FOR

11 PROGRAMS DETERMINED TO BE INEFFEC12 TIVE.

13 It is the sense of the Senate that programs identified

14 in the study performed pursuant to section 5501 as being

15 ineffective in addressing juvenile crime and substance

16 abuse should not receive Federal funding in any fiscal year

17 following the issuance of such study.

18 TITLE VI—ENHANCEMENT OF

19 RIGHTS AND PROTECTIONS

20 FOR VICTIMS OF CRIME

21 Subtitle A—Crime Victims

22 Assistance

23 SEC. 6001. DEFINITIONS.

24 In this subtitle:
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1 (1) ATTORNEY GENERAL.—The term ‘‘Attorney

2 General’’ means the Attorney General of the United

3 States.

4 (2) BODILY INJURY.—The term ‘‘bodily injury’’

5 has the meaning given that term in section 1365(g)

6 of title 18, United States Code.

7 (3) FAMILY MEMBER.—The term ‘‘family mem8 ber’’ means, with respect to a victim, the spouse,

9 parent, brother or sister, or child of the victim, any

10 person to whom the victim stands in loco parentis,

11 or any other person living in the household of the

12 victim and related to the victim by blood or mar13 riage.

14 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’

15 has the same meaning as in section 4(e) of the In16 dian Self-Determination and Education Assistance

17 Act (25 U.S.C. 450b(e)).

18 (5) JUDICIAL CONFERENCE.—The term ‘‘Judi19 cial Conference’’ means the Judicial Conference of

20 the United States established under section 331 of

21 title 28, United States Code.

22 (6) LAW ENFORCEMENT OFFICER.—The term

23 ‘‘law enforcement officer’’ means an individual au24 thorized by law to engage in or supervise the preven25 tion, detection, investigation, or prosecution of any
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1 violation of law, and includes corrections, probation,

2 parole, and judicial officers.

3 (7) OFFICE OF VICTIMS OF CRIME.—The term

4 ‘‘Office of Victims of Crime’’ means the Office of

5 Victims of Crime of the Department of Justice.

6 (8) STATE.—The term ‘‘State’’ means each of

7 the several States of the United States, the District

8 of Columbia, the Commonwealth of Puerto Rico, the

9 Virgin Islands, Guam, American Samoa, and the

10 Commonwealth of the Northern Mariana Islands.

11 (9) UNIT OF LOCAL GOVERNMENT.—The term

12 ‘‘unit of local government’’ means any—

13 (A) city, county, township, town, borough,

14 parish, village, or other general purpose politi15 cal subdivision of a State; or

16 (B) Indian tribe.

17 (10) VICTIM.—The term ‘‘victim’’—

18 (A) means an individual harmed as a re19 sult of a commission of an offense involving

20 death or bodily injury to any person, a threat

21 of death or bodily injury to any person, a sexual

22 assault, or an attempted sexual assault; or a

23 natural person harmed by any fraud or mis24 representation relating to a sale or other con-
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1 tract for any item, benefit, product, or service;

2 and

3 (B) includes—

4 (i) in the case of a victim who is less

5 than 18 years of age or incompetent, the

6 parent or legal guardian of the victim;

7 (ii) in the case of a victim who is de8 ceased or incapacitated, 1 or more family

9 members designated by the court; and

10 (iii) any other person appointed by

11 the court to represent the victim, except

12 that in no event shall a defendant be ap13 pointed as the representative or guardian

14 of the victim.

15 (11) QUALIFIED PRIVATE ENTITY.—The term

16 ‘‘qualified private entity’’ means a private entity

17 that meets such requirements as the Attorney Gen18 eral may establish.
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1 PART 1—PROTECTION OF CRIME VICTIMS’

2 RIGHTS

3 Subpart A—Amendments to Title 18, United States

4 Code

5 SEC. 6111. RIGHT TO BE NOTIFIED OF DETENTION HEAR6 ING AND RIGHT TO BE HEARD ON THE ISSUE

7 OF DETENTION.

8 Section 3142 of title 18, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(k) NOTIFICATION OF RIGHT TO BE HEARD.—

11 ‘‘(1) IN GENERAL.—In any case involving a de12 fendant who is arrested for an offense involving

13 death or bodily injury to any person, a threat of

14 death or bodily injury to any person, or a sexual as15 sault, or an attempted sexual assault, in which a de16 tention hearing is scheduled pursuant to subsection

17 (f)—

18 ‘‘(A) the Government shall make a reason19 able effort to notify the victim of the hearing,

20 and of the right of the victim to be heard on

21 the issue of detention; and

22 ‘‘(B) at the hearing under subsection (f),

23 the court shall inquire of the Government as to

24 whether the efforts at notification of the victim

25 under subparagraph (A) were successful and, if

26 so, whether the victim wishes to be heard on
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1 the issue of detention and, if so, shall afford

2 the victim such an opportunity.

3 ‘‘(2) LIMITATION.—Upon motion of either

4 party that identification of the defendant by the vic5 tim is a fact in dispute, and that no means of ver6 ification has been attempted, the Court shall use ap7 propriate measures to protect the integrity of the

8 identification process.

9 ‘‘(3) ADDRESS.—With respect to any case de10 scribed in paragraph (1), the victim shall notify the

11 appropriate authority of an address to which notifi12 cation under this subsection may be sent.’’.

13 SEC. 6112. RIGHT TO A SPEEDY TRIAL AND PROMPT DIS14 POSITION FREE FROM UNREASONABLE

15 DELAY.

16 Section 3161(h)(8)(B) of title 18, United States

17 Code, is amended by adding at the end the following:

18 ‘‘(v) The interests of the victim (or the family

19 of a victim who is deceased or incapacitated) in the

20 prompt and appropriate disposition of the case, free

21 from unreasonable delay.’’.

22 SEC. 6113. ENHANCED RIGHT TO ORDER OF RESTITUTION.

23 Section 3664(d)(2)(A)(iv) of title 18, United States

24 Code, is amended by inserting ‘‘, and the right of the vic25 tim (or the family of a victim who is deceased or incapaci-
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1 tated) to attend the sentencing hearing and to make a

2 statement to the court at the sentencing hearing’’ before

3 the semicolon.

4 SEC. 6114. ENHANCED RIGHT TO BE NOTIFIED OF ESCAPE

5 OR RELEASE FROM PRISON.

6 Section 503(c)(5)(B) of the Victims’ Rights and Res7 titution Act of 1990 (42 U.S.C. 10607(c)(5)(B)) is

8 amended by inserting after ‘‘offender’’ the following: ‘‘, in9 cluding escape, work release, furlough, or any other form

10 of release from a psychiatric institution or other facility

11 that provides mental health services to offenders’’.

12 Subpart B—Amendments to Federal Rules of

13 Criminal Procedure

14 SEC. 6121. RIGHT TO BE NOTIFIED OF PLEA AGREEMENT

15 AND TO BE HEARD ON MERITS OF THE PLEA

16 AGREEMENT.

17 (a) IN GENERAL.—Rule 11 of the Federal Rules of

18 Criminal Procedure is amended by adding at the end the

19 following:

20 ‘‘(i) RIGHTS OF VICTIMS.—

21 ‘‘(1) IN GENERAL.—In any case involving a de22 fendant who is arrested for an offense involving

23 death or bodily injury to any person, a threat of

24 death or bodily injury to any person, a sexual as25 sault, or an attempted sexual assault—
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1 ‘‘(A) the Government, prior to a hearing at

2 which a plea of guilty or nolo contendere is en3 tered, shall make a reasonable effort to notify

4 the victim of—

5 ‘‘(i) the date and time of the hearing;

6 and

7 ‘‘(ii) the right of the victim to attend

8 the hearing and to address the court; and

9 ‘‘(B) if the victim attends a hearing de10 scribed in subparagraph (A), the court, before

11 accepting a plea of guilty or nolo contendere,

12 shall afford the victim an opportunity to be

13 heard on the proposed plea agreement.

14 ‘‘(2) ADDRESS.—With respect to any case de15 scribed in paragraph (1), the victim shall notify the

16 appropriate authority of an address to which notifi17 cation under this subsection may be sent.

18 ‘‘(3) MASS VICTIM CASES.—In any case involv19 ing more than 15 victims, the court, after consulta20 tion with the Government and the victims, may ap21 point a number of victims to serve as representatives

22 of the victims’ interests.’’.

23 (b) EFFECTIVE DATE.—
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1 (1) IN GENERAL.—The amendment made by

2 subsection (a) shall become effective as provided in

3 paragraph (3).

4 (2) ACTION BY JUDICIAL CONFERENCE.—

5 (A) RECOMMENDATIONS.—Not later than

6 180 days after the date of enactment of this

7 Act, the Judicial Conference shall submit to

8 Congress a report containing recommendations

9 for amending the Federal Rules of Criminal

10 Procedure to provide enhanced opportunities for

11 victims of offenses involving death or bodily in12 jury to any person, the threat of death or bodily

13 injury to any person, a sexual assault, or an at14 tempted sexual assault, to be heard on the issue

15 of whether or not the court should accept a plea

16 of guilty or nolo contendere.

17 (B) INAPPLICABILITY OF OTHER LAW.—

18 Chapter 131 of title 28, United States Code,

19 does not apply to any recommendation made by

20 the Judicial Conference under this paragraph.

21 (3) CONGRESSIONAL ACTION.—Except as other22 wise provided by law, if the Judicial Conference—

23 (A) submits a report in accordance with

24 paragraph (2) containing recommendations de25 scribed in that paragraph, and those rec-
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1 ommendations are the same as the amendment

2 made by subsection (a), then the amendment

3 made by subsection (a) shall become effective

4 30 days after the date on which the rec5 ommendations are submitted to Congress under

6 paragraph (2);

7 (B) submits a report in accordance with

8 paragraph (2) containing recommendations de9 scribed in that paragraph, and those rec10 ommendations are different in any respect from

11 the amendment made by subsection (a), the rec12 ommendations made pursuant to paragraph (2)

13 shall become effective 180 days after the date

14 on which the recommendations are submitted to

15 Congress under paragraph (2), unless an Act of

16 Congress is passed overturning the rec17 ommendations; and

18 (C) fails to comply with paragraph (2), the

19 amendment made by subsection (a) shall be20 come effective 360 days after the date of enact21 ment of this Act.

22 (4) APPLICATION.—Any amendment made pur23 suant to this section (including any amendment

24 made pursuant to the recommendations of the

25 United States Sentencing Commission under para-
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1 graph (2)) shall apply in any proceeding commenced

2 on or after the effective date of the amendment.

3 SEC. 6122. ENHANCED RIGHTS OF NOTIFICATION AND AL4 LOCUTION AT SENTENCING.

5 (a) IN GENERAL.—Rule 32 of the Federal Rules of

6 Criminal Procedure is amended—

7 (1) in subsection (b)—

8 (A) in paragraph (4), by striking subpara9 graph (D) and inserting the following:

10 ‘‘(D) a victim impact statement, identify11 ing, to the maximum extent practicable—

12 ‘‘(i) each victim of the offense (except

13 that such identification shall not include

14 information relating to any telephone num15 ber, place of employment, or residential ad16 dress of any victim);

17 ‘‘(ii) an itemized account of any eco18 nomic loss suffered by each victim as a re19 sult of the offense;

20 ‘‘(iii) any physical injury suffered by

21 each victim as a result of the offense,

22 along with its seriousness and permanence;

23 ‘‘(iv) a description of any change in

24 the personal welfare or familial relation-
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1 ships of each victim as a result of the of2 fense; and

3 ‘‘(v) a description of the impact of the

4 offense upon each victim and the rec5 ommendation of each victim regarding an

6 appropriate sanction for the defendant;’’;

7 and

8 (B) by adding at the end the following:

9 ‘‘(7) VICTIM IMPACT STATEMENTS.—

10 ‘‘(A) IN GENERAL.—Any probation officer

11 preparing a presentence report shall—

12 ‘‘(i) make a reasonable effort to notify

13 each victim of the offense that such a re14 port is being prepared and the purpose of

15 such report; and

16 ‘‘(ii) provide the victim with an oppor17 tunity to submit an oral or written state18 ment, or a statement on audio or videotape

19 outlining the impact of the offense upon

20 the victim.

21 ‘‘(B) USE OF STATEMENTS.—Any written

22 statement submitted by a victim under subpara23 graph (A) shall be attached to the presentence

24 report and shall be provided to the sentencing

25 court and to the parties.’’;
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1 (2) in subsection (c)(1), by adding at the end

2 the following: ‘‘Before sentencing in any case in

3 which a defendant has been charged with or found

4 guilty of an offense involving death or bodily injury

5 to any person, a threat of death or bodily injury to

6 any person, a sexual assault, or an attempted sexual

7 assault, the Government shall make a reasonable ef8 fort to notify the victim of the time and place of sen9 tencing and of his right to attend and to be heard.’’;

10 and

11 (3) in subsection (f), by inserting ‘‘the right to

12 notification and to submit a statement under sub13 division (b)(7), the right to notification and to be

14 heard under subdivision (c)(1), and’’ before ‘‘the

15 right of allocution’’.

16 (b) EFFECTIVE DATE.—

17 (1) IN GENERAL.—The amendments made by

18 subsection (a) shall become effective as provided in

19 paragraph (3).

20 (2) ACTION BY JUDICIAL CONFERENCE.—

21 (A) RECOMMENDATIONS.—Not later than

22 180 days after the date of enactment of this

23 Act, the Judicial Conference shall submit to

24 Congress a report containing recommendations

25 for amending the Federal Rules of Criminal
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1 Procedure to provide enhanced opportunities for

2 victims of offenses involving death or bodily in3 jury to any person, a threat of death or bodily

4 injury to any person, a sexual assault, or an at5 tempted sexual assault, to participate during

6 the presentencing phase of the criminal process.

7 (B) INAPPLICABILITY OF OTHER LAW.—

8 Chapter 131 of title 28, United States Code,

9 does not apply to any recommendation made by

10 the Judicial Conference under this paragraph.

11 (3) CONGRESSIONAL ACTION.—Except as other12 wise provided by law, if the Judicial Conference—

13 (A) submits a report in accordance with

14 paragraph (2) containing recommendations de15 scribed in that paragraph, and those rec16 ommendations are the same as the amendments

17 made by subsection (a), then the amendments

18 made by subsection (a) shall become effective

19 30 days after the date on which the rec20 ommendations are submitted to Congress under

21 paragraph (2);

22 (B) submits a report in accordance with

23 paragraph (2) containing recommendations de24 scribed in that paragraph, and those rec25 ommendations are different in any respect from
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1 the amendments made by subsection (a), the

2 recommendations made pursuant to paragraph

3 (2) shall become effective 180 days after the

4 date on which the recommendations are submit5 ted to Congress under paragraph (2), unless an

6 Act of Congress is passed overturning the rec7 ommendations; and

8 (C) fails to comply with paragraph (2), the

9 amendments made by subsection (a) shall be10 come effective 360 days after the date of enact11 ment of this Act.

12 (4) APPLICATION.—Any amendment made pur13 suant to this section (including any amendment

14 made pursuant to the recommendations of the

15 United States Sentencing Commission under para16 graph (2)) shall apply in any proceeding commenced

17 on or after the effective date of the amendment.

18 SEC. 6123. RIGHTS OF NOTIFICATION AND ALLOCUTION AT

19 A PROBATION REVOCATION HEARING.

20 (a) IN GENERAL.—Rule 32.1 of the Federal Rules

21 of Criminal Procedure is amended by adding at the end

22 the following:

23 ‘‘(d) RIGHTS OF VICTIMS.—

24 ‘‘(1) IN GENERAL.—At any hearing pursuant to

25 subsection (a)(2) involving 1 or more persons who
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1 have been convicted of an offense involving death or

2 bodily injury to any person, a threat of death or

3 bodily injury to any person, a sexual assault, or an

4 attempted sexual assault, the government shall make

5 reasonable efforts to notify the victim of the offense

6 (and the victim of any new charges giving rise to the

7 hearings), of—

8 ‘‘(A) the date and time of the hearing; and

9 ‘‘(B) the right of the victim to attend the

10 hearing and to address the court regarding

11 whether the terms or conditions of probation or

12 supervised release should be modified.

13 ‘‘(2) DUTIES OF COURT AT HEARING.—At any

14 hearing described in paragraph (1) at which a victim

15 is present, the court shall—

16 ‘‘(A) address each victim personally; and

17 ‘‘(B) afford the victim an opportunity to be

18 heard on the proposed terms or conditions of

19 probation or supervised release.

20 ‘‘(3) ADDRESS.—In any case described in para21 graph (1), the victim shall notify the appropriate au22 thority of an address to which notification under this

23 paragraph may be sent.’’.

24 (b) EFFECTIVE DATE.—
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1 (1) IN GENERAL.—The amendment made by

2 subsection (a) shall become effective as provided in

3 paragraph (3).

4 (2) ACTION BY JUDICIAL CONFERENCE.—

5 (A) RECOMMENDATIONS.—Not later than

6 180 days after the date of enactment of this

7 Act, the Judicial Conference shall submit to

8 Congress a report containing recommendations

9 for amending the Federal Rules of Criminal

10 Procedure to ensure that reasonable efforts are

11 made to notify victims of offenses involving

12 death or bodily injury to any person, a threat

13 of death or bodily injury to any person, a sexual

14 assault, or an attempted sexual assault, of any

15 revocation hearing held pursuant to rule

16 32.1(a)(2) of the Federal Rules of Criminal

17 Procedure.

18 (B) INAPPLICABILITY OF OTHER LAW.—

19 Chapter 131 of title 28, United States Code,

20 does not apply to any recommendation made by

21 the Judicial Conference under this paragraph.

22 (3) CONGRESSIONAL ACTION.—Except as other23 wise provided by law, if the Judicial Conference—

24 (A) submits a report in accordance with

25 paragraph (2) containing recommendations de-
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1 scribed in that paragraph, and those rec2 ommendations are the same as the amendment

3 made by subsection (a), then the amendment

4 made by subsection (a) shall become effective

5 30 days after the date on which the rec6 ommendations are submitted to Congress under

7 paragraph (2);

8 (B) submits a report in accordance with

9 paragraph (2) containing recommendations de10 scribed in that paragraph, and those rec11 ommendations are different in any respect from

12 the amendment made by subsection (a), the rec13 ommendations made pursuant to paragraph (2)

14 shall become effective 180 days after the date

15 on which the recommendations are submitted to

16 Congress under paragraph (2), unless an Act of

17 Congress is passed overturning the rec18 ommendations; and

19 (C) fails to comply with paragraph (2), the

20 amendment made by subsection (a) shall be21 come effective 360 days after the date of enact22 ment of this Act.

23 (4) APPLICATION.—Any amendment made pur24 suant to this section (including any amendment

25 made pursuant to the recommendations of the
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1 United States Sentencing Commission under para2 graph (2)) shall apply in any proceeding commenced

3 on or after the effective date of the amendment.

4 Subpart C—Amendment to Federal Rules of

5 Evidence

6 SEC. 6131. ENHANCED RIGHT TO BE PRESENT AT TRIAL.

7 (a) IN GENERAL.—Rule 615 of the Federal Rules of

8 Evidence is amended—

9 (1) by striking ‘‘At the request’’ and inserting

10 the following:

11 ‘‘(a) IN GENERAL.—Except as provided in subsection

12 (b), at the request’’;

13 (2) by striking ‘‘This rule’’ and inserting the

14 following:

15 ‘‘(b) EXCEPTIONS.—Subsection (a)’’;

16 (3) by striking ‘‘exclusion of (1) a party’’ and

17 inserting the following: ‘‘exclusion of—

18 ‘‘(1) a party’’;

19 (4) by striking ‘‘person, or (2) an officer’’ and

20 inserting the following: ‘‘person;

21 ‘‘(2) an officer’’;

22 (5) by striking ‘‘attorney, or (3) a person’’ and

23 inserting the following: ‘‘attorney;

24 ‘‘(3) a person’’;
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1 (6) by striking the period at the end and insert2 ing ‘‘; or’’; and

3 (7) by adding at the end the following:

4 ‘‘(4) a person who is a victim of an offense in5 volving death or bodily injury to any person, a threat

6 of death or bodily injury to any person, a sexual as7 sault, or an attempted sexual assault, for which a

8 defendant is being tried in a criminal trial, unless

9 the court concludes that—

10 ‘‘(A) the testimony of the person will be

11 materially affected by hearing the testimony of

12 other witnesses, and the material effect of hear13 ing the testimony of other witnesses on the tes14 timony of that person will result in unfair prej15 udice to any party; or

16 ‘‘(B) due to the large number of victims or

17 family members of victims who may be called as

18 witnesses, permitting attendance in the court19 room itself when testimony is being heard is not

20 feasible.

21 ‘‘(c) DISCRETION OF COURT; EFFECT ON OTHER

22 LAW.—Nothing in subsection (b)(4) shall be construed—

23 ‘‘(1) to limit the ability of a court to exclude a

24 witness, if the court determines that such action is
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1 necessary to maintain order during a court proceed2 ing; or

3 ‘‘(2) to limit or otherwise affect the ability of

4 a witness to be present during court proceedings

5 pursuant to section 3510 of title 18, United States

6 Code.’’.

7 (b) EFFECTIVE DATE.—

8 (1) IN GENERAL.—The amendments made by

9 subsection (a) shall become effective as provided in

10 paragraph (3).

11 (2) ACTION BY JUDICIAL CONFERENCE.—

12 (A) RECOMMENDATIONS.—Not later than

13 180 days after the date of enactment of this

14 Act, the Judicial Conference shall submit to

15 Congress a report containing recommendations

16 for amending the Federal Rules of Criminal

17 Procedure so that reasonable efforts are made

18 to notify victims of offenses involving death or

19 bodily injury to any person, a threat of death

20 or bodily injury to any person, a sexual assault,

21 or an attempted sexual assault, to attend judi22 cial proceedings, even if they may testify as a

23 witness at the proceeding.

24 (B) INAPPLICABILITY OF OTHER LAW.—

25 Chapter 131 of title 28, United States Code,
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1 does not apply to any recommendation made by

2 the Judicial Conference under this paragraph.

3 (3) CONGRESSIONAL ACTION.—Except as other4 wise provided by law, if the Judicial Conference—

5 (A) submits a report in accordance with

6 paragraph (2) containing recommendations de7 scribed in that paragraph, and those rec8 ommendations are the same as the amendments

9 made by subsection (a), then the amendments

10 made by subsection (a) shall become effective

11 30 days after the date on which the rec12 ommendations are submitted to Congress under

13 paragraph (2);

14 (B) submits a report in accordance with

15 paragraph (2) containing recommendations de16 scribed in that paragraph, and those rec17 ommendations are different in any respect from

18 the amendments made by subsection (a), the

19 recommendations made pursuant to paragraph

20 (2) shall become effective 180 days after the

21 date on which the recommendations are submit22 ted to Congress under paragraph (2), unless an

23 Act of Congress is passed overturning the rec24 ommendations; and
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1 (C) fails to comply with paragraph (2), the

2 amendments made by subsection (a) shall be3 come effective 360 days after the date of enact4 ment of this Act.

5 (4) APPLICATION.—Any amendment made pur6 suant to this section (including any amendment

7 made pursuant to the recommendations of the

8 United States Sentencing Commission under para9 graph (2)) shall apply in any proceeding commenced

10 on or after the effective date of the amendment.

11 Subpart D—Exceptions

12 SEC. 6141. EXCEPTIONS.

13 The rights promulgated by subparts A, B, and C

14 shall not apply to any case in which the court reasonably

15 believes that—

16 (1) the defendant has cooperated with the gov17 ernment in other proceedings against the victim or

18 persons acting in concert with the victim; or

19 (2) available evidence raises a significant expec20 tation of physical violence or other retaliation by the

21 victim against the defendant.

22 Subpart E—Remedies for Noncompliance

23 SEC. 6151. REMEDIES FOR NONCOMPLIANCE.

24 (a) GENERAL LIMITATION.—Any failure to comply

25 with any amendment made by this part shall not give rise
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1 to a claim for damages, or any other action against the

2 United States, or any employee of the United States, any

3 court official or officer of the court, or an entity contract4 ing with the United States, or any action seeking a rehear5 ing or other reconsideration of action taken in connection

6 with a defendant.

7 (b) REGULATIONS TO ENSURE COMPLIANCE.—

8 (1) IN GENERAL.—Notwithstanding subsection

9 (a), not later than 1 year after the date of enact10 ment of this Act, the Attorney General and the

11 Chairman of the United States Parole Commission

12 shall promulgate regulations to implement and en13 force the amendments made by this title.

14 (2) CONTENTS.—The regulations promulgated

15 under paragraph (1) shall—

16 (A) contain disciplinary sanctions, includ17 ing suspension or termination from employ18 ment, for employees of the Department of Jus19 tice (including employees of the United States

20 Parole Commission) who willfully or repeatedly

21 violate the amendments made by this title, or

22 willfully or repeatedly refuse or fail to comply

23 with provisions of Federal law pertaining to the

24 treatment of victims of crime;
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1 (B) include an administrative procedure

2 through which parties can file formal com3 plaints with the Department of Justice alleging

4 violations of the amendments made by this title;

5 (C) provide that a complainant is prohib6 ited from recovering monetary damages against

7 the United States, or any employee of the

8 United States, either in his official or personal

9 capacity; and

10 (D) provide that the Attorney General, or

11 the designee of the Attorney General, shall be

12 the final arbiter of the complaint, and there

13 shall be no judicial review of the final decision

14 of the Attorney General by a complainant.

15 Subpart F—Victims of Fraud

16 SEC. 6161. REGULATIONS.

17 Not later than 180 days after the date of enactment

18 of this Act, the Attorney General shall promulgate regula19 tions to implement and enforce this part and the amend20 ments made by this part with respect to natural persons

21 against whom a defendant has been charged with commit22 ting fraud.
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1 PART 2—ASSISTANCE TO VICTIMS OF FEDERAL,

2 STATE, AND LOCAL CRIME

3 SEC. 6201. INCREASE IN VICTIM ASSISTANCE PERSONNEL.

4 There are authorized to be appropriated such sums

5 as may be necessary to enable the Attorney General to—

6 (1) hire 50 full-time or full-time equivalent em7 ployees to serve as victim-witness advocates to pro8 vide assistance to victims of any criminal offense in9 vestigated by any department or agency of the Fed10 eral Government; and

11 (2) provide grants through the Office of Victims

12 of Crime to qualified private entities to fund 50 vic13 tim-witness advocate positions within those organiza14 tions.

15 SEC. 6202. INCREASED TRAINING FOR STATE AND LOCAL

16 LAW ENFORCEMENT, STATE COURT PERSON17 NEL, AND OFFICERS OF THE COURT TO RE18 SPOND EFFECTIVELY TO THE NEEDS OF VIC19 TIMS OF CRIME.

20 Notwithstanding any other provision of law, amounts

21 collected pursuant to sections 3729 through 3731 of title

22 31, United States Code (commonly known as the ‘‘False

23 Claims Act’’), may be used by the Office of Victims of

24 Crime to make grants to States, units of local government,

25 and qualified private entities, to provide training and in26 formation to prosecutors, judges, law enforcement officers,
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1 probation officers, and other officers and employees of

2 Federal and State courts to assist them in responding ef3 fectively to the needs of victims of crime.

4 SEC. 6203. INCREASED RESOURCES FOR STATE AND LOCAL

5 LAW ENFORCEMENT AGENCIES, COURTS,

6 AND PROSECUTORS’ OFFICES TO DEVELOP

7 STATE-OF-THE-ART SYSTEMS FOR NOTIFYING

8 VICTIMS OF CRIME OF IMPORTANT DATES

9 AND DEVELOPMENTS.

10 (a) IN GENERAL.—Subtitle A of title XXIII of the

11 Violent Crime Control and Law Enforcement Act of 1994

12 (Public Law 103–322; 108 Stat. 2077) is amended by

13 adding at the end the following:

14 ‘‘SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING

15 VICTIMS OF CRIME OF IMPORTANT DATES

16 AND DEVELOPMENTS.

17 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to the Office of Victims

19 of Crime of the Department of Justice such sums as may

20 be necessary for grants to State and local prosecutors’ of21 fices, State courts, county jails, State correctional institu22 tions, and qualified private entities, to develop and imple23 ment state-of-the-art systems for notifying victims of

24 crime of important dates and developments relating to the

25 criminal proceedings at issue.
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1 ‘‘(b) FALSE CLAIMS ACT.—Notwithstanding any

2 other provision of law, amounts collected pursuant to sec3 tions 3729 through 3731 of title 31, United States Code

4 (commonly known as the ‘False Claims Act’), may be used

5 for grants under this section.’’.

6 (b) VIOLENT CRIME REDUCTION TRUST FUND.—

7 Section 310004(d) of the Violent Crime Control and Law

8 Enforcement Act of 1994 (42 U.S.C. 14214(d)) is

9 amended—

10 (1) in the first paragraph designated as para11 graph (15) (relating to the definition of the term

12 ‘‘Federal law enforcement program’’), by striking

13 ‘‘and’’ at the end;

14 (2) in the first paragraph designated as para15 graph (16) (relating to the definition of the term

16 ‘‘Federal law enforcement program’’), by striking

17 the period at the end and inserting ‘‘; and’’; and

18 (3) by inserting after the first paragraph des19 ignated as paragraph (16) (relating to the definition

20 of the term ‘‘Federal law enforcement program’’) the

21 following:

22 ‘‘(17) section 230103.’’.

23 SEC. 6204. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN

24 PROGRAMS FOR CRIME VICTIMS.

25 (a) DEFINITIONS.—In this section:
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1 (1) DIRECTOR.—The term ‘‘Director’’ means

2 the Director of the Office of Victims of Crime.

3 (2) OFFICE.—The term ‘‘Office’’ means the Of4 fice of Victims of Crime.

5 (3) QUALIFIED PRIVATE ENTITY.—The term

6 ‘‘qualified private entity’’ means a private entity

7 that meets such requirements as the Attorney Gen8 eral, acting through the Director, may establish.

9 (4) QUALIFIED UNIT OF STATE OR LOCAL GOV10 ERNMENT.—The term ‘‘qualified unit of State or

11 local government’’ means a unit or a State or local

12 government that meets such requirements as the At13 torney General, acting through the Director, may es14 tablish.

15 (5) VOICE CENTERS.—The term ‘‘VOICE Cen16 ters’’ means the Victim Ombudsman Information

17 Centers established under the program under sub18 section (b).

19 (b) PILOT PROGRAMS.—

20 (1) IN GENERAL.—Not later than 12 months

21 after the date of enactment of this Act, the Attorney

22 General, acting through the Director, shall establish

23 and carry out a program to provide for pilot pro24 grams to establish and operate Victim Ombudsman

25 Information Centers in each of the following States:
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1 (A) Massachusetts.

2 (B) South Dakota.

3 (C) Tennessee.

4 (D) Vermont.

5 (E) Washington.

6 (F) Wisconsin.

7 (2) AGREEMENTS.—

8 (A) IN GENERAL.—The Attorney General,

9 acting through the Director, shall enter into an

10 agreement with a qualified private entity or

11 unit of State or local government to conduct a

12 pilot program referred to in paragraph (1).

13 Under the agreement, the Attorney General,

14 acting through the Director, shall provide for a

15 grant to assist the qualified private entity or

16 unit of State or local government in carrying

17 out the pilot program.

18 (B) CONTENTS OF AGREEMENT.—The

19 agreement referred to in subparagraph (A)

20 shall specify that—

21 (i) the VOICE Center shall be estab22 lished in accordance with this section; and

23 (ii) except with respect to meeting ap24 plicable requirements of this section con25 cerning carrying out the duties of a
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1 VOICE Center under this section (includ2 ing the applicable reporting duties under

3 subsection (c) and the terms of the agree4 ment) each VOICE Center shall operate

5 independently of the Office; and

6 (C) NO AUTHORITY OVER DAILY OPER7 ATIONS.—The Office shall have no supervisory

8 or decisionmaking authority over the day-to-day

9 operations of a VOICE Center.

10 (c) OBJECTIVES.—

11 (1) MISSION.—The mission of each VOICE

12 Center established under a pilot program under this

13 section shall be to assist a victim of a Federal or

14 State crime to ensure that the victim—

15 (A) is fully apprised of the rights of that

16 victim under applicable Federal or State law;

17 and

18 (B) participates in the criminal justice

19 process to the fullest extent of the law.

20 (2) DUTIES.—The duties of a VOICE Center

21 shall include—

22 (A) providing information to victims of

23 Federal or State crime regarding the right of

24 those victims to participate in the criminal jus25 tice process (including information concerning
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1 any right that exists under applicable Federal

2 or State law);

3 (B) identifying and responding to situa4 tions in which the rights of victims of crime

5 under applicable Federal or State law may have

6 been violated;

7 (C) attempting to facilitate compliance

8 with Federal or State law referred to in sub9 paragraph (B);

10 (D) educating police, prosecutors, Federal

11 and State judges, officers of the court, and em12 ployees of jails and prisons concerning the

13 rights of victims under applicable Federal or

14 State law; and

15 (E) taking measures that are necessary to

16 ensure that victims of crime are treated with

17 fairness, dignity, and compassion throughout

18 the criminal justice process.

19 (d) OVERSIGHT.—

20 (1) TECHNICAL ASSISTANCE.—The Office may

21 provide technical assistance to each VOICE Center.

22 (2) ANNUAL REPORT.—Each qualified private

23 entity or qualified unit of State or local government

24 that carries out a pilot program to establish and op25 erate a VOICE Center under this section shall pre-
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1 pare and submit to the Director, not later than 1

2 year after the VOICE Center is established, and an3 nually thereafter, a report that—

4 (A) describes in detail the activities of the

5 VOICE Center during the preceding year; and

6 (B) outlines a strategic plan for the year

7 following the year covered under subparagraph

8 (A).

9 (e) REVIEW OF PROGRAM EFFECTIVENESS.—

10 (1) GAO STUDY.—Not later than 2 years after

11 the date on which each VOICE Center established

12 under a pilot program under this section is fully

13 operational, the Comptroller General of the United

14 States shall conduct a review of each pilot program

15 carried out under this section to determine the effec16 tiveness of the VOICE Center that is the subject of

17 the pilot program in carrying out the mission and

18 duties described in subsection (c).

19 (2) OTHER STUDIES.—Not later than 2 years

20 after the date on which each VOICE Center estab21 lished under a pilot program under this section is

22 fully operational, the Attorney General, acting

23 through the Director, shall enter into an agreement

24 with 1 or more private entities that meet such re25 quirements the Attorney General, acting through the
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1 Director, may establish, to study the effectiveness of

2 each VOICE Center established by a pilot program

3 under this section in carrying out the mission and

4 duties described in subsection (c).

5 (f) TERMINATION DATE.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), a pilot program established under this

8 section shall terminate on the date that is 4 years

9 after the date of enactment of this Act.

10 (2) RENEWAL.—If the Attorney General deter11 mines that any of the pilot programs established

12 under this section should be renewed for an addi13 tional period, the Attorney General may renew that

14 pilot program for a period not to exceed 2 years.

15 (g) FUNDING.—Notwithstanding any other provision

16 of law, an aggregate amount not to exceed $5,000,000 of

17 the amounts collected pursuant to sections 3729 through

18 3731 of title 31, United States Code (commonly known

19 as the ‘‘False Claims Act’’), may be used by the Director

20 to make grants under subsection (b).

21 SEC. 6205. AMENDMENTS TO VICTIMS OF CRIME ACT OF

22 1984.

23 (a) CRIME VICTIMS FUND.—Section 1402 of the Vic24 tims of Crime Act of 1984 (42 U.S.C. 10601) is

25 amended—
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1 (1) in subsection (b)—

2 (A) in paragraph (3), by striking ‘‘and’’ at

3 the end;

4 (B) in paragraph (4), by striking the pe5 riod at the end and inserting ‘‘; and’’; and

6 (C) by adding at the end the following:

7 ‘‘(5) any gifts, bequests, and donations from

8 private entities or individuals.’’; and

9 (2) in subsection (d)—

10 (A) by striking paragraph (1) and insert11 ing the following:

12 ‘‘(1) All unobligated balances transferred to the

13 judicial branch for administrative costs to carry out

14 functions under sections 3611 and 3612 of title 18,

15 United States Code, shall be returned to the Crime

16 Victims Fund and may be used by the Director to

17 improve services for crime victims in the Federal

18 criminal justice system.’’; and

19 (B) in paragraph (4), by adding at the end

20 the following:

21 ‘‘(C) States that receive supplemental funding

22 to respond to incidents or terrorism or mass violence

23 under this section shall be required to return to the

24 Crime Victims Fund for deposit in the reserve fund,
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1 amounts subrogated to the State as a result of

2 third-party payments to victims.’’.

3 (b) CRIME VICTIM COMPENSATION.—Section 1403 of

4 the Victims of Crime Act of 1984 (42 U.S.C. 10602) is

5 amended—

6 (1) in subsection (a)—

7 (A) in each of paragraphs (1) and (2), by

8 striking ‘‘40’’ and inserting ‘‘60’’; and

9 (B) in paragraph (3), by inserting ‘‘and

10 evaluation’’ after ‘‘administration’’; and

11 (2) in subsection (b)(7), by inserting ‘‘because

12 the identity of the offender was not determined be13 yond a reasonable doubt in a criminal trial, because

14 criminal charges were not brought against the of15 fender, or’’ after ‘‘deny compensation to any victim’’.

16 (c) CRIME VICTIM ASSISTANCE.—Section 1404 of the

17 Victims of Crime Act of 1984 (42 U.S.C. 10603) is

18 amended—

19 (1) in subsection (c)—

20 (A) in paragraph (1)—

21 (i) by inserting ‘‘or enter into cooper22 ative agreements’’ after ‘‘make grants’’;

23 (ii) by striking subparagraph (A) and

24 inserting the following:
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1 ‘‘(A) for demonstration projects, evalua2 tion, training, and technical assistance services

3 to eligible organizations;’’;

4 (iii) in subparagraph (B), by striking

5 the period at the end and inserting ‘‘;

6 and’’; and

7 (iv) by adding at the end the follow8 ing:

9 ‘‘(C) training and technical assistance that

10 address the significance of and effective delivery

11 strategies for providing long-term psychological

12 care.’’; and

13 (B) in paragraph (3)—

14 (i) in subparagraph (C), by striking

15 ‘‘and’’ at the end;

16 (ii) in subparagraph (D), by striking

17 the period at the end and inserting ‘‘;

18 and’’; and

19 (iii) by adding at the end the follow20 ing:

21 ‘‘(E) use funds made available to the Di22 rector under this subsection—

23 ‘‘(i) for fellowships and clinical intern24 ships; and
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1 ‘‘(ii) to carry out programs of training

2 and special workshops for the presentation

3 and dissemination of information resulting

4 from demonstrations, surveys, and special

5 projects.’’; and

6 (2) in subsection (d)—

7 (A) by striking paragraph (1) and insert8 ing the following:

9 ‘‘(1) the term ‘State’ includes—

10 ‘‘(A) the District of Columbia, the Com11 monwealth of Puerto Rico, the United States

12 Virgin Islands, and any other territory or pos13 session of the United States; and

14 ‘‘(B) for purposes of a subgrant under

15 subsection (a)(1) or a grant or cooperative

16 agreement under subsection (c)(1), the United

17 States Virgin Islands and any agency of the

18 government of the District of Columbia or the

19 Federal Government performing law enforce20 ment functions in and on behalf of the District

21 of Columbia.’’;

22 (B) in paragraph (2)—

23 (i) in subparagraph (C), by striking

24 ‘‘and’’ at the end;
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1 (ii) in subparagraph (B), by striking

2 the semicolon and inserting ‘‘; and’’; and

3 (iii) by adding at the end the follow4 ing:

5 ‘‘(E) public awareness and education and

6 crime prevention activities that promote, and

7 are conducted in conjunction with, the provision

8 of victim assistance; and

9 ‘‘(F) for purposes of an award under sub10 section (c)(1)(A), preparation, publication, and

11 distribution of informational materials and re12 sources for victims of crime and crime victims

13 organizations.’’;

14 (C) by striking paragraph (4) and insert15 ing the following:

16 ‘‘(4) the term ‘crisis intervention services’

17 means counseling and emotional support including

18 mental health counseling, provided as a result of cri19 sis situations for individuals, couples, or family

20 members following and related to the occurrence of

21 crime;’’;

22 (D) in paragraph (5), by striking the pe23 riod at the end and inserting ‘‘; and’’; and

24 (E) by adding at the end the following:
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1 ‘‘(6) for purposes of an award under subsection

2 (c)(1), the term ‘eligible organization’ includes

3 any—

4 ‘‘(A) national or State organization with a

5 commitment to developing, implementing, evalu6 ating, or enforcing victims’ rights and the deliv7 ery of services;

8 ‘‘(B) State agency or unit of local govern9 ment;

10 ‘‘(C) tribal organization;

11 ‘‘(D) organization—

12 ‘‘(i) described in section 501(c) of the

13 Internal Revenue Code of 1986; and

14 ‘‘(ii) exempt from taxation under sec15 tion 501(a) of such Code; or

16 ‘‘(E) other entity that the Director deter17 mines to be appropriate.’’.

18 (d) COMPENSATION AND ASSISTANCE TO VICTIMS OF

19 TERRORISM OF MASS VIOLENCE.—Section 1404B of the

20 Victims of Crime Act of 1984 (42 U.S.C. 10603b) is

21 amended—

22 (1) in subsection (a), by striking ‘‘1404(a)’’ and

23 inserting ‘‘1402(d)(4)(B)’’; and

24 (2) in subsection (b), by striking

25 ‘‘1404(d)(4)(B)’’ and inserting ‘‘1402(d)(4)(B)’’.
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1 SEC. 6206. SERVICES FOR VICTIMS OF CRIME AND DOMES2 TIC VIOLENCE.

3 Section 504 of Public Law 104–134 (110 Stat. 1321–

4 132) shall not be construed to prohibit a recipient (as that

5 term is used in that section) from using funds derived

6 from a source other than the Legal Services Corporation

7 to provide related legal assistance to any person with

8 whom an alien (as that term is used in subsection (a)(11)

9 of that section) has a relationship covered by the domestic

10 violence laws of the State in which the alien resides or

11 in which an incidence of violence occurred.

12 SEC. 6207. PILOT PROGRAM TO STUDY EFFECTIVENESS OF

13 RESTORATIVE JUSTICE APPROACH ON BE14 HALF OF VICTIMS OF CRIME.

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, amounts collected pursuant to sections 3729

17 through 3731 of title 31, United States Code (commonly

18 known as the ‘‘False Claims Act’’), may be used by the

19 Office of Victims of Crime to make grants to States, units

20 of local government, and qualified private entities for the

21 establishment of pilot programs that implement balanced

22 and restorative justice models.

23 (b) DEFINITION OF BALANCED AND RESTORATIVE

24 JUSTICE MODEL.—In this section, the term ‘‘balanced

25 and restorative justice model’’ means an approach to

26 criminal justice that promotes the maximum degree of in-
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1 volvement by a victim, offender, and the community served

2 by a criminal justice system by allowing the criminal jus3 tice system and related criminal justice agencies to im4 prove the capacity of the system and agencies to—

5 (1) protect the community served by the system

6 and agencies; and

7 (2) ensure accountability of the offender and

8 the system.

9 Subtitle B—Victims of Juvenile

10 Crimes

11 SEC. 6301. VICTIMS OF JUVENILE CRIMES.

12 (a) IN GENERAL.—The Attorney General shall estab13 lish guidelines for State programs receiving grants under

14 part 3 of subtitle D of title I of this Act for the establish15 ment of juvenile gun courts to require, as appropriate

16 under applicable State or local laws or rules, that—

17 (1) prior to disposition of adjudicated juvenile

18 delinquents, that victims, or in appropriate cases

19 their official representatives, shall be provided the

20 opportunity to make a statement to the court in per21 son or to present any information in relation to the

22 disposition;

23 (2) victims of the juvenile adjudicated delin24 quent be given notice of the disposition; and
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1 (3) restitution to victims may be ordered as

2 part of the disposition of adjudicated juvenile

3 delinquents.

4 (b) DEFINITION OF VICTIM.—In this section, the

5 term ‘‘victim’’ means any individual against whom a crime

6 of violence has been committed that has as an element

7 the use, attempted use, or threatened use of physical force

8 against the person or property of another or by its nature

9 involves a substantial risk that physical force against the

10 person or property of another may be used in the course

11 of committing the offense.

12 (c) NO CAUSE OF ACTION CREATED.—Nothing in

13 this section shall be construed to create a cause of action

14 against any State or any agency or employee thereof.

15 (d) COMPLIANCE.—

16 (1) COMPLIANCE.—Not later than 3 years after

17 the date of enactment of this Act, each State shall

18 implement this section, except that the Attorney

19 General may grant an additional 2 years to a State

20 if the Attorney General determines that the State is

21 making good faith efforts to implement this section.

22 (2) INELIGIBILITY FOR AMOUNTS.—

23 (A) IN GENERAL.—Beginning on the expi24 ration of the period described in paragraph (1)

25 (or such extended period as the Attorney Gen-
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1 eral may provide with respect to a State under

2 that paragraph), during each fiscal year that

3 any State fails to comply with this section, that

4 State shall receive not more than 90 percent of

5 the amount that the State would otherwise re6 ceive under subtitle C of this title.

7 (B) REALLOCATION OF AMOUNTS.—In

8 each fiscal year, any amounts that are not allo9 cated to States described in subparagraph (A)

10 shall be allocated to otherwise eligible States

11 that are in compliance with this section on a

12 pro rata basis.

13 TITLE VII—COMBATING MONEY

14 LAUNDERING

15 SEC. 7001. SHORT TITLE.

16 This title may be cited as the ‘‘Money Laundering

17 Enforcement Act of 1999’’.

18 SEC. 7002. ILLEGAL MONEY TRANSMITTING BUSINESSES.

19 (a) CIVIL FORFEITURE FOR MONEY TRANSMITTING

20 VIOLATION.—Section 981(a)(1)(A) of title 18, United

21 States Code, is amended by striking ‘‘or 1957’’ and insert22 ing ‘‘, 1957, or 1960’’.

23 (b) SCIENTER REQUIREMENT FOR SECTION 1960

24 VIOLATION.—Section 1960 of title 18, United States

25 Code, is amended by adding at the end the following:
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1 ‘‘(c) SCIENTER REQUIREMENT.—For the purposes of

2 proving a violation of this section involving an illegal

3 money transmitting business—

4 ‘‘(1) it shall be sufficient for the Government to

5 prove that the defendant knew that the money trans6 mitting business lacked a license required by State

7 law; and

8 ‘‘(2) it shall not be necessary to show that the

9 defendant knew that the operation of such a busi10 ness without the required license was an offense

11 punishable as a felony or misdemeanor under State

12 law.’’.

13 SEC. 7003. RESTRAINT OF ASSETS OF PERSONS ARRESTED

14 ABROAD.

15 Section 981(b) of title 18, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(3) RESTRAINT OF ASSETS.—

18 ‘‘(A) IN GENERAL.—If any person is arrested

19 or charged in a foreign country in connection with

20 an offense that would give rise to the forfeiture of

21 property in the United States under this section or

22 under the Controlled Substances Act (21 U.S.C. 801

23 et seq.), the Attorney General may apply to any

24 Federal judge or magistrate judge in the district in

25 which the property is located for an ex parte order
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1 restraining the property subject to forfeiture for not

2 more than 30 days, except that the time may be ex3 tended for good cause shown at a hearing conducted

4 in the manner provided in Rule 43(e) of the Federal

5 Rules of Civil Procedure.

6 ‘‘(B) APPLICATION.—An application for a re7 straining order under subparagraph (A) shall—

8 ‘‘(i) set forth the nature and circumstances

9 of the foreign charges and the basis for belief

10 that the person arrested or charged has prop11 erty in the United States that would be subject

12 to forfeiture; and

13 ‘‘(ii) contain a statement that the restrain14 ing order is needed to preserve the availability

15 of property for such time as is necessary to re16 ceive evidence from the foreign country or else17 where in support of probable cause for the sei18 zure of the property under this subsection.’’.

19 SEC. 7004. ACCESS TO RECORDS IN BANK SECRECY JURIS20 DICTIONS.

21 Section 986 of title 18, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(d) ACCESS TO RECORDS LOCATED ABROAD.—

24 ‘‘(1) IN GENERAL.—In any civil forfeiture case,

25 or in any ancillary proceeding in any criminal for-
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1 feiture case governed by section 413(n) of the Con2 trolled Substances Act (21 U.S.C. 853(n)), the re3 fusal of the claimant to provide financial records lo4 cated in a foreign country in response to a discovery

5 request or take the action necessary otherwise to

6 make the records available, shall result in the dis7 missal of the claim with prejudice, if—

8 ‘‘(A) the financial records may be

9 material—

10 ‘‘(i) to any claim or to the ability of

11 the government to respond to such claim;

12 or

13 ‘‘(ii) in a civil forfeiture case, to the

14 ability of the government to establish the

15 forfeitability of the property; and

16 ‘‘(B) it is within the capacity of the claim17 ant to waive his or her rights under such se18 crecy laws, or to obtain the financial records

19 himself or herself, so that the financial records

20 may be made available.

21 ‘‘(2) PRIVILEGE.—Nothing in this subsection

22 shall be construed to affect the rights of a claimant

23 to refuse production of any records on the basis of

24 any privilege guaranteed by the Constitution of the
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1 United States or any other provision of Federal

2 law.’’.

3 SEC. 7005. CIVIL MONEY LAUNDERING JURISDICTION OVER

4 FOREIGN PERSONS.

5 Section 1956(b) of title 18, United States Code, is

6 amended—

7 (1) by redesignating paragraphs (1) and (2) as

8 subparagraphs (A) and (B), respectively, and indent9 ing each subparagraph appropriately;

10 (2) by striking ‘‘(b) Whoever’’ and inserting the

11 following:

12 ‘‘(b) CIVIL PENALTIES.—

13 ‘‘(1) IN GENERAL.—Whoever’’; and

14 (3) by adding at the end the following:

15 ‘‘(2) JURISDICTION.—For purposes of adju16 dicating an action filed or enforcing a penalty or17 dered under this section, the district courts of the

18 United States shall have jurisdiction over any for19 eign person, including any financial institution au20 thorized under the laws of a foreign country, that

21 commits an offense under subsection (a) involving a

22 financial transaction that occurs in whole or in part

23 in the United States, if service of process upon such

24 foreign person is made in accordance with the Fed-
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1 eral Rules of Civil Procedure or the laws of the for2 eign country in which the foreign person is found.

3 ‘‘(3) SATISFACTION OF JUDGMENT.—In any ac4 tion described in paragraph (2), the court may issue

5 a pretrial restraining order or take any other action

6 necessary to ensure that any bank account or other

7 property held by the defendant in the United States

8 is available to satisfy a judgment under this sec9 tion.’’.

10 SEC. 7006. PUNISHMENT OF LAUNDERING MONEY

11 THROUGH FOREIGN BANKS.

12 Section 1956(c)(6) of title 18, United States Code,

13 is amended to read as follows:

14 ‘‘(6) the term ‘financial institution’ includes—

15 ‘‘(A) any financial institution described in

16 section 5312(a)(2) of title 31, or the regula17 tions promulgated thereunder; and

18 ‘‘(B) any foreign bank, as defined in sec19 tion 1(b)(7) of the International Banking Act of

20 1978 (12 U.S.C. 3101(7));’’.

21 SEC. 7007. ADDITION OF SERIOUS FOREIGN CRIMES TO

22 LIST OF MONEY LAUNDERING PREDICATES.

23 (a) IN GENERAL.—Section 1956(c)(7) of title 18,

24 United States Code, is amended—

25 (1) in subparagraph (B)—
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1 (A) by striking clause (ii) and inserting the

2 following:

3 ‘‘(ii) any act or acts constituting a

4 crime of violence;’’; and

5 (B) by adding at the end the following:

6 ‘‘(iv) fraud, or any scheme to defraud,

7 committed against a foreign government or

8 foreign governmental entity;

9 ‘‘(v) bribery of a public official, or the

10 misappropriation, theft, or embezzlement

11 of public funds by or for the benefit of a

12 public official;

13 ‘‘(vi) smuggling or export control vio14 lations involving munitions listed in the

15 United States Munitions List or tech16 nologies with military applications as de17 fined in the Commerce Control List of the

18 Export Administration Regulations; or

19 ‘‘(vii) an offense with respect to which

20 the United States would be obligated by a

21 multilateral treaty either to extradite the

22 alleged offender or to submit the case for

23 prosecution, if the offender were found

24 within the territory of the United States;’’;

25 (2) in subparagraph (D)—
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1 (A) by inserting ‘‘section 541 (relating to

2 goods falsely classified),’’ before ‘‘section 542’’;

3 (B) by inserting ‘‘section 922(l) (relating

4 to the unlawful importation of firearms), sec5 tion 924(m) (relating to firearms trafficking),’’

6 before ‘‘section 956’’;

7 (C) by inserting ‘‘section 1030 (relating to

8 computer fraud and abuse),’’ before ‘‘1032’’;

9 and

10 (D) by inserting ‘‘any felony violation of

11 the Foreign Agents Registration Act of 1938

12 (22 U.S.C. 611 et seq.),’’ before ‘‘or any felony

13 violation of the Foreign Corrupt Practices Act’’;

14 and

15 (3) in subparagraph (E), by inserting ‘‘the

16 Clean Air Act (42 U.S.C. 6901 et seq.),’’ after ‘‘the

17 Safe Drinking Water Act (42 U.S.C. 300f et seq.),’’.

18 SEC. 7008. CRIMINAL FORFEITURE FOR MONEY LAUNDER19 ING CONSPIRACIES.

20 Section 982(a)(1) of title 18, United States Code, is

21 amended by inserting ‘‘or a conspiracy to commit any such

22 offense,’’ after ‘‘of this title,’’.
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1 SEC. 7009. FUNGIBLE PROPERTY IN FOREIGN BANK AC2 COUNTS.

3 Section 984(d) of title 18, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(3) In this subsection, the term ‘financial institu6 tion’ includes a foreign bank, as defined in section 1(b)(7)

7 of the International Banking Act of 1978 (12 U.S.C.

8 3101(7)).’’.

9 SEC. 7010. SUBPOENAS FOR BANK RECORDS.

10 Section 986(a) of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘section 1956, 1957, or 1960 of

13 this title, section 5322 or 5324 of title 31, United

14 States Code’’ and inserting ‘‘section 981 of this

15 title’’;

16 (2) by inserting ‘‘before or’’ before ‘‘after’’; and

17 (3) by striking the last sentence.

18 SEC. 7011. FUGITIVE DISENTITLEMENT.

19 (a) IN GENERAL.—Chapter 163 of title 28, United

20 States Code, is amended by adding at the end the follow21 ing:

22 ‘‘§ 2466. Fugitive disentitlement

23 ‘‘Any person who, in order to avoid criminal prosecu24 tion, purposely leaves the jurisdiction of the United States,

25 declines to enter or reenter the United States to submit

26 to the jurisdiction of the United States, or otherwise
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1 evades the jurisdiction of a court of the United States in

2 which a criminal case is pending against the person, may

3 not use the resources of the courts of the United States

4 in furtherance of a claim in any related civil forfeiture ac5 tion or a claim in any third-party proceeding in any relat6 ed criminal forfeiture action.’’.

7 (b) CONFORMING AMENDMENT.—The analysis for

8 chapter 163 of title 28, United States Code, is amended

9 by adding at the end the following:

‘‘2466. Fugitive disentitlement.’’.

10 SEC. 7012. ADMISSIBILITY OF FOREIGN BUSINESS

11 RECORDS.

12 (a) IN GENERAL.—Chapter 163 of title 28, United

13 States Code, is amended by adding at the end the follow14 ing:

15 ‘‘§ 2467. Foreign records

16 ‘‘(a) DEFINITIONS.—In this section—

17 ‘‘(1) the term ‘business’ includes business, insti18 tution, association, profession, occupation, and call19 ing of every kind whether or not conducted for prof20 it;

21 ‘‘(2) the term ‘foreign certification’ means a

22 written declaration made and signed in a foreign

23 country by the custodian of a record of regularly

24 conducted activity or another qualified person, that
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1 if falsely made, would subject the maker to criminal

2 penalty under the law of that country;

3 ‘‘(3) the term ‘foreign record of regularly con4 ducted activity’ means a memorandum, report,

5 record, or data compilation, in any form, of acts,

6 events, conditions, opinions, or diagnoses, main7 tained in a foreign country; and

8 ‘‘(4) the term ‘official request’ means a letter

9 rogatory, a request under an agreement, treaty or

10 convention, or any other request for information or

11 evidence made by a court of the United States or an

12 authority of the United States having law enforce13 ment responsibility, to a court or other authority of

14 a foreign country.

15 ‘‘(b) ADMISSIBILITY.—In a civil proceeding in a court

16 of the United States, including a civil forfeiture proceeding

17 and a proceeding in the United States Claims Court and

18 the United States Tax Court, unless the source of infor19 mation or the method or circumstances of preparation in20 dicate lack of trustworthiness, a foreign record of regu21 larly conducted activity (or a duplicate of such record),

22 obtained pursuant to an official request, shall not be ex23 cluded as evidence by the hearsay rule if a foreign certifi24 cation, also obtained pursuant to the same official request
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1 or subsequent official request that adequately identifies

2 such foreign record, attests that—

3 ‘‘(1) the foreign record was made, at or near

4 the time of the occurrence of the matters set forth,

5 by (or from information transmitted by) a person

6 with knowledge of those matters;

7 ‘‘(2) the foreign record was kept in the course

8 of a regularly conducted business activity;

9 ‘‘(3) the business activity made such a record

10 as a regular practice; and

11 ‘‘(4) if the foreign record is not the original, the

12 record is a duplicate of the original.

13 ‘‘(c) FOREIGN CERTIFICATION.—A foreign certifi14 cation under this section shall authenticate a record or

15 duplicate described in subsection (b).

16 ‘‘(d) NOTICE.—

17 ‘‘(1) IN GENERAL.—As soon as practicable

18 after a responsive pleading has been filed, a party

19 intending to offer in evidence under this section a

20 foreign record of regularly conducted activity shall

21 provide written notice of that intention to each other

22 party.

23 ‘‘(2) OPPOSITION.—A motion opposing admis24 sion in evidence of a record under paragraph (1)

25 shall be made by the opposing party and determined
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1 by the court before trial. Failure by a party to file

2 such motion before trial shall constitute a waiver of

3 objection to such record, except that the court for

4 cause shown may grant relief from the waiver.’’.

5 (b) CONFORMING AMENDMENT.—The analysis for

6 chapter 163 of title 28, United States Code, is amended

7 by adding at the end the following:

‘‘2467. Foreign records.’’.

8 SEC. 7013. CHARGING MONEY LAUNDERING AS A COURSE

9 OF CONDUCT.

10 Section 1956(h) of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘(h) Any person’’ and inserting

13 the following:

14 ‘‘(h) CONSPIRACY; MULTIPLE VIOLATIONS.—

15 ‘‘(1) CONSPIRACY.—Any person’’; and

16 (2) by adding at the end the following:

17 ‘‘(2) MULTIPLE VIOLATIONS.—Any person who

18 commits multiple violations of this section or section

19 1957 that are part of the same scheme or continuing

20 course of conduct may be charged, at the election of

21 the Government, in a single count in an indictment

22 or information.’’.

23 SEC. 7014. VENUE IN MONEY LAUNDERING CASES.

24 Section 1956 of title 18, United States Code, is

25 amended by adding at the end the following:
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1 ‘‘(i) VENUE.—

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), a prosecution for an offense under this

4 section or section 1957 may be brought in any dis5 trict in which the financial or monetary transaction

6 is conducted, or in which a prosecution for the un7 derlying specified unlawful activity could be brought,

8 if the defendant participates in the transfer of the

9 proceeds of the specified unlawful activity from that

10 district to the district where the financial or mone11 tary transaction is conducted.

12 ‘‘(2) EXCEPTION.—A prosecution for an at13 tempt or conspiracy offense under this section or

14 section 1957 may be brought in the district in which

15 venue would lie for the completed offense under

16 paragraph (1), or in any other district in which an

17 act in furtherance of the attempt or conspiracy took

18 place.’’.

19 SEC. 7015. TECHNICAL AMENDMENT TO RESTORE WIRETAP

20 AUTHORITY FOR CERTAIN MONEY LAUNDER21 ING OFFENSES.

22 Section 2516(1)(g) of title 18, United States Code,

23 is amended by striking ‘‘of title 31, United States Code

24 (dealing with the reporting of currency transactions)’’ and
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1 inserting ‘‘or 5324 of title 31 (dealing with the reporting

2 and illegal structuring of currency transactions)’’.

3 SEC. 7016. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI4 MONEY LAUNDERING ORDERS.

5 (a) REPORTING VIOLATIONS.—Section 5324(a) of

6 title 31, United States Code, is amended—

7 (1) in the matter preceding paragraph (1), by

8 inserting ‘‘, or the reporting requirements imposed

9 by an order issued pursuant to section 5326’’ after

10 ‘‘any such section’’; and

11 (2) in each of paragraphs (1) and (2), by in12 serting ‘‘, or a report required under any order

13 issued pursuant to section 5326’’ before the semi14 colon.

15 (b) PENALTIES.—Sections 5321(a)(1), 5322(a), and

16 5322(b) of title 31, United States Code, are each amended

17 by inserting ‘‘or order issued’’ after ‘‘or a regulation pre18 scribed’’ each place that term appears.

19 SEC. 7017. ENCOURAGING FINANCIAL INSTITUTIONS TO NO20 TIFY LAW ENFORCEMENT AUTHORITIES OF

21 SUSPICIOUS FINANCIAL TRANSACTIONS.

22 (a) IN GENERAL.—Section 2702(b)(6) of title 18,

23 United States Code, is amended—

24 (1) by inserting ‘‘or supervisory agency’’ after

25 ‘‘a law enforcement agency’’;
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1 (2) in subparagraph (A), by striking ‘‘; and’’

2 and inserting ‘‘and appear to pertain to the commis3 sion of the crime; or’’; and

4 (3) in subparagraph (B), by striking ‘‘appear to

5 pertain to the commission of the crime.’’ and insert6 ing ‘‘appear to reveal a suspicious transaction rel7 evant to a possible violation of law or regulation.’’

8 (b) DEFINITIONS.—Section 2711 of title 18, United

9 States Code, is amended—

10 (1) in paragraph (1), by striking ‘‘and’’ at the

11 end;

12 (2) in paragraph (2), by striking the period at

13 the end and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(3) the terms ‘suspicious transaction’ and ‘rel16 evant to a possible violation of the law or regulation’

17 shall be interpreted in the same manner as those

18 terms have been interpreted for purposes of section

19 5318(g) of title 31; and

20 ‘‘(4) the term ‘supervisory agency’ has the

21 meaning given the term in section 1101(7) of the

22 Right to Financial Privacy Act of 1978.’’.
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1 SEC. 7018. COVERAGE OF FOREIGN BANK BRANCHES IN

2 THE TERRITORIES.

3 Section 20(9) of title 18, United States Code, is

4 amended by inserting before the period the following: ‘‘,

5 except that for purposes of this section the definition of

6 the term ‘State’ in such Act shall be deemed to include

7 a commonwealth, territory, or possession of the United

8 States’’.

9 SEC. 7019. CONFORMING STATUTE OF LIMITATIONS

10 AMENDMENT FOR CERTAIN BANK FRAUD OF11 FENSES.

12 Section 3293 of title 18, United States Code, is

13 amended—

14 (1) by inserting ‘‘225,’’ after ‘‘215,’’; and

15 (2) by inserting ‘‘1032,’’ before ‘‘1033’’.

16 SEC. 7020. JURISDICTION OVER CERTAIN FINANCIAL

17 CRIMES COMMITTED ABROAD.

18 Section 1029 of title 18, United States Code, is

19 amended by adding at the end the following:

20 ‘‘(h) JURISDICTION OVER CERTAIN FINANCIAL

21 CRIMES COMMITTED ABROAD.—Any person who, outside

22 the jurisdiction of the United States, engages in any act

23 that, if committed within the jurisdiction of the United

24 States, would constitute an offense under subsection (a)

25 or (b), shall be subject to the same penalties as if that
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1 offense had been committed in the United States, if the

2 act—

3 ‘‘(1) involves an access device issued, owned,

4 managed, or controlled by a financial institution, ac5 count issuer, credit card system member, or other

6 entity within the jurisdiction of the United States;

7 and

8 ‘‘(2) causes, or if completed would have caused,

9 a transfer of funds from or a loss to an entity listed

10 in paragraph (1).’’.

11 TITLE VIII—COMBATING

12 INTERNATIONAL CRIME

13 Subtitle A—Investigating and Pun14 ishing Violent Crimes Against

15 United States Nationals Abroad

16 SEC. 8001. MURDER AND EXTORTION AGAINST UNITED

17 STATES NATIONALS ABROAD IN FURTHER18 ANCE OF ORGANIZED CRIME.

19 Section 2332 of title 18, United States Code, is

20 amended—

21 (1) by redesignating subsection (d) as sub22 section (e);

23 (2) by inserting after subsection (c) the follow24 ing:
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1 ‘‘(d) EXTORTION OF UNITED STATES NATIONALS

2 ABROAD.—Whoever commits or attempts to commit extor3 tion against a national of the United States, while the na4 tional is outside the United States, shall be fined under

5 this title, imprisoned not more than 20 years, or both.’’;

6 (3) in subsection (e), as redesignated, by insert7 ing ‘‘, or was intended to further the objectives of

8 an organized criminal group. A certification under

9 this paragraph shall not be subject to judicial re10 view’’ before the period at the end; and

11 (4) by adding at the end the following:

12 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec13 tion may be construed as indicating an intent on the part

14 of Congress—

15 ‘‘(1) to interfere with the exercise of criminal

16 jurisdiction by the nation or nations in which the

17 criminal act occurred; or

18 ‘‘(2) to mandate that each potential violation

19 should be the subject of investigation or prosecution

20 by the United States.

21 ‘‘(g) DEFINITIONS.—In this section—

22 ‘‘(1) the term ‘extortion’ means the obtaining of

23 property worth $100,000 or more from another by

24 threatening or placing another person in fear that

25 any person will be subjected to bodily injury or kid-
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1 napping or that any property will be damaged or de2 stroyed; and

3 ‘‘(2) the term ‘organized criminal group’ means

4 a group that has a hierarchical structure or is a con5 tinuing enterprise, and that is engaged in or has as

6 a purpose the commission of an act or acts that

7 would constitute racketeering activity (as defined in

8 section 1961) if committed within the United

9 States.’’.

10 SEC. 8002. MURDER OR SERIOUS ASSAULT OF A STATE OR

11 LOCAL OFFICIAL ABROAD.

12 (a) IN GENERAL.—Chapter 51 of title 18, United

13 States Code, is amended by adding at the end the follow14 ing:

15 ‘‘§ 1123. Murder or serious assault of a State or local

16 law enforcement, judicial, or other offi17 cial abroad

18 ‘‘(a) DEFINITIONS.—In this section:

19 ‘‘(1) SERIOUS BODILY INJURY.—The term ‘seri20 ous bodily injury’ has the meaning given the term in

21 section 2119.

22 ‘‘(2) STATE.—The term ‘State’ has the mean23 ing given the term in section 245(d).

24 ‘‘(b) PENALTIES.—Whoever, in the circumstance de25 scribed in subsection (c)—
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1 ‘‘(1) kills or attempts to kill an official of a

2 State or a political subdivision thereof shall be pun3 ished as provided in sections 1111, 1112, and 1113;

4 or

5 ‘‘(2) assaults an official of a State or a political

6 subdivision thereof, if that assault results in serious

7 bodily injury shall be punished as provided in section

8 113.

9 ‘‘(c) CIRCUMSTANCE DESCRIBED.—The circumstance

10 described in this subsection is that the official of a State

11 or political subdivision—

12 ‘‘(1) is outside the territorial jurisdiction of the

13 United States; and

14 ‘‘(2) is engaged in, or the prohibited activity oc15 curs on account of the performance by that official

16 of training, technical assistance, or other assistance

17 to the United States or a foreign government in con18 nection with any program funded, in whole or in

19 part, by the Federal Government.

20 ‘‘(d) LIMITATIONS ON PROSECUTION.—No prosecu21 tion may be instituted against any person under this sec22 tion except upon the written approval of the Attorney Gen23 eral, the Deputy Attorney General, or an Assistant Attor24 ney General, which function of approving prosecutions
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1 may not be delegated and shall not be subject to judicial

2 review.

3 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to indicate an intent on the part

5 of Congress—

6 ‘‘(1) to interfere with the exercise of criminal

7 jurisdiction by the nation or nations in which the

8 criminal act occurred; or

9 ‘‘(2) to mandate that each potential violation

10 should be the subject of investigation or prosecution

11 by the United States.’’.

12 (b) TECHNICAL AND CONFORMING AMENDMENT.—

13 The analysis for chapter 51 of title 18, United States

14 Code, is amended by adding at the end the following:

‘‘1123. Murder or serious assault of a State or local law enforcement, judicial,

or other official abroad.’’.

15 Subtitle B—Denying Safe Havens

16 to International Criminals

17 SEC. 8101. EXTRADITION FOR OFFENSES NOT COVERED BY

18 A LIST TREATY.

19 Chapter 209 of title 18, United States Code, is

20 amended by adding at the end the following:

21 ‘‘§ 3197. Extradition for offenses not covered by a list

22 treaty

23 ‘‘(a) SERIOUS OFFENSE DEFINED.—In this section,

24 the term ‘serious offense’ means conduct that would be—
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1 ‘‘(1) an offense described in any multilateral

2 treaty to which the United States is a party that ob3 ligates parties—

4 ‘‘(A) to extradite alleged offenders found

5 in the territory of the parties; or

6 ‘‘(B) submit the case to the competent au7 thorities of the parties for prosecution; or

8 ‘‘(2) conduct that, if that conduct occurred in

9 the United States, would constitute—

10 ‘‘(A) a crime of violence (as defined in sec11 tion 16);

12 ‘‘(B) the distribution, manufacture, impor13 tation or exportation of a controlled substance

14 (as defined in section 201 of the Controlled

15 Substances Act (21 U.S.C. 802);

16 ‘‘(C) bribery of a public official; misappro17 priation, embezzlement or theft of public funds

18 by or for the benefit of a public official;

19 ‘‘(D) obstruction of justice, including pay20 ment of bribes to jurors or witnesses;

21 ‘‘(E) the laundering of monetary instru22 ments, as described in section 1956, if the value

23 of the monetary instruments involved exceeds

24 $100,000;
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1 ‘‘(F) fraud, theft, embezzlement, or com2 mercial bribery if the aggregate value of prop3 erty that is the object of all of the offenses re4 lated to the conduct exceeds $100,000;

5 ‘‘(G) counterfeiting, if the obligations, se6 curities or other items counterfeited, have an

7 apparent value that exceeds $100,000;

8 ‘‘(H) a conspiracy or attempt to commit

9 any of the offenses described in any of subpara10 graphs (A) through (G), or aiding and abetting

11 a person who commits any such offense; or

12 ‘‘(I) a crime against children under chap13 ter 109A or section 2251, 2251A, 2252, or

14 2252A.

15 ‘‘(b) AUTHORIZATION OF FILING.—

16 ‘‘(1) IN GENERAL.—If a foreign government

17 makes a request for the extradition of a person who

18 is charged with or has been convicted of an offense

19 within the jurisdiction of that foreign government,

20 and an extradition treaty between the United States

21 and the foreign government is in force, but the trea22 ty does not provide for extradition for the offense

23 with which the person has been charged or for which

24 the person has been convicted, the Attorney General
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1 may authorize the filing of a complaint for extra2 dition pursuant to subsections (c) and (d).

3 ‘‘(2) FILING OF COMPLAINTS.—

4 ‘‘(A) IN GENERAL.—A complaint author5 ized under paragraph (1) shall be filed pursu6 ant to section 3184.

7 ‘‘(B) PROCEDURES.—With respect to a

8 complaint filed under paragraph (1), the proce9 dures contained in sections 3184 and 3186 and

10 the terms of the relevant extradition treaty

11 shall apply as if the offense were a crime pro12 vided for by the treaty, in a manner consistent

13 with section 3184.

14 ‘‘(c) CRITERIA FOR AUTHORIZATION OF COM15 PLAINTS.—

16 ‘‘(1) IN GENERAL.—The Attorney General may

17 authorize the filing of a complaint under subsection

18 (b) only upon a certification—

19 ‘‘(A) by the Attorney General, that in the

20 judgment of the Attorney General—

21 ‘‘(i) the offense for which extradition

22 is sought is a serious offense; and

23 ‘‘(ii) submission of the extradition re24 quest would be important to the law en-
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1 forcement interests of the United States or

2 otherwise in the interests of justice; and

3 ‘‘(B) by the Secretary of State, that in the

4 judgment of the Secretary of State, submission

5 of the request would be consistent with the for6 eign policy interests of the United States.

7 ‘‘(2) FACTORS FOR CONSIDERATION.—In mak8 ing any certification under paragraph (1)(B), the

9 Secretary of State may consider whether the facts

10 and circumstances of the request then known appear

11 likely to present any significant impediment to the

12 ultimate surrender of the person who is the subject

13 of the request for extradition, if that person is found

14 to be extraditable.

15 ‘‘(3) LIMITATION ON JUDICIAL REVIEW.—Any

16 decision or exercise of authority by the Attorney

17 General or the Secretary of State pursuant to this

18 subsection shall not be subject to judicial review.

19 ‘‘(d) CASES OF URGENCY.—

20 ‘‘(1) IN GENERAL.—In any case of urgency, the

21 Attorney General may, with the concurrence of the

22 Secretary of State and before any formal certifi23 cation under subsection (c), authorize the filing of a

24 complaint seeking the provisional arrest and deten25 tion of the person sought for extradition before the
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1 receipt of documents or other proof in support of the

2 request for extradition.

3 ‘‘(2) APPLICABILITY OF RELEVANT TREATY.—

4 With respect to a case described in paragraph (1),

5 a provision regarding provisional arrest in the rel6 evant treaty shall apply.

7 ‘‘(3) FILING AND EFFECT OF FILING OF COM8 PLAINTS.—

9 ‘‘(A) IN GENERAL.—A complaint author10 ized under this subsection shall be filed in the

11 same manner as provided in section 3184.

12 ‘‘(B) ISSUANCE OF ORDERS.—Upon the fil13 ing of a complaint under this subsection, the

14 appropriate judicial officer may issue an order

15 for the provisional arrest and detention of the

16 person as provided in section 3184.

17 ‘‘(e) CONDITIONS OF SURRENDER; ASSURANCES.—

18 ‘‘(1) IN GENERAL.—Before issuing a warrant of

19 surrender under section 3184 or 3186, the Secretary

20 of State may—

21 ‘‘(A) impose conditions upon the surrender

22 of the person that is the subject of the warrant;

23 and
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1 ‘‘(B) require those assurances of compli2 ance with those conditions, as are determined

3 by the Secretary to be appropriate.

4 ‘‘(2) ADDITIONAL ASSURANCES.—

5 ‘‘(A) IN GENERAL.—In addition to impos6 ing conditions and requiring assurances under

7 paragraph (1), the Secretary of State shall de8 mand, as a condition of the extradition of the

9 person in every case, an assurance described in

10 subparagraph (B) that the Secretary deter11 mines to be satisfactory.

12 ‘‘(B) DESCRIPTION OF ASSURANCES.—An

13 assurance described in this subparagraph is an

14 assurance that the person that is sought for ex15 tradition shall not be tried or punished for an

16 offense other than that for which the person

17 has been extradited, absent the consent of the

18 United States.’’.

19 SEC. 8102. EXTRADITION ABSENT A TREATY.

20 Chapter 209 of title 18, United States Code, as

21 amended by section 8101 of this title, is amended by add22 ing at the end the following:
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1 ‘‘§ 3198. Extradition absent a treaty

2 ‘‘(a) SERIOUS OFFENSE DEFINED.—In this section,

3 the term ‘serious offense’ has the meaning given that term

4 in section 3197(a).

5 ‘‘(b) AUTHORIZATION OF FILING.—

6 ‘‘(1) IN GENERAL.—If a foreign government

7 makes a request for the extradition of a person who

8 is charged with or has been convicted of an offense

9 within the jurisdiction of that foreign government,

10 and no extradition treaty is in force between the

11 United States and the foreign government, the At12 torney General may authorize the filing of a com13 plaint for extradition pursuant to subsections (c)

14 and (d).

15 ‘‘(2) FILING AND TREATMENT OF COM16 PLAINTS.—

17 ‘‘(A) IN GENERAL.—A complaint author18 ized under paragraph (1) shall be filed pursu19 ant to section 3184.

20 ‘‘(B) PROCEDURES.—With respect to a

21 complaint filed under paragraph (1), procedures

22 of sections 3184 and 3186 shall be followed as

23 if the offense were a ‘crime provided for by

24 such treaty’ as described in section 3184.

25 ‘‘(c) CRITERIA FOR AUTHORIZATION OF COM26 PLAINTS.—The Attorney General may authorize the filing
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1 of a complaint described in subsection (b) only upon a

2 certification—

3 ‘‘(1) by the Attorney General, that in the judg4 ment of the Attorney General—

5 ‘‘(A) the offense for which extradition is

6 sought is a serious offense; and

7 ‘‘(B) submission of the extradition request

8 would be important to the law enforcement in9 terests of the United States or otherwise in the

10 interests of justice; and

11 ‘‘(2) by the Secretary of State, that in the judg12 ment of the certifying official, based on information

13 then known—

14 ‘‘(A) submission of the request would be

15 consistent with the foreign policy interests of

16 the United States;

17 ‘‘(B) the facts and circumstances of the re18 quest, including humanitarian considerations,

19 do not appear likely to present a significant im20 pediment to the ultimate surrender of the per21 son if found extraditable; and

22 ‘‘(C) the foreign government submitting

23 the request is not submitting the request in

24 order to try or punish the person sought for ex25 tradition primarily on the basis of the race, reli-
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1 gion, nationality, or political opinions of that

2 person.

3 ‘‘(d) LIMITATIONS ON DELEGATION AND JUDICIAL

4 REVIEW.—

5 ‘‘(1) DELEGATION BY ATTORNEY GENERAL; JU6 DICIAL REVIEW.—The authorities and responsibil7 ities of the Attorney General under subsection (c)

8 may be delegated only to the Deputy Attorney Gen9 eral.

10 ‘‘(2) DELEGATION.—The authorities and re11 sponsibilities of the Secretary of State set forth in

12 this subsection may be delegated only to the Deputy

13 Secretary of State.

14 ‘‘(3) LIMITATION ON JUDICIAL REVIEW.—The

15 authorities and responsibilities set forth in this sub16 section are not subject to judicial review.

17 ‘‘(e) CASES OF URGENCY.—

18 ‘‘(1) IN GENERAL.—In any case of urgency, the

19 Attorney General may, with the concurrence of the

20 Secretary of State and before any formal certifi21 cation under subsection (c), authorize the filing of a

22 complaint seeking the provisional arrest and deten23 tion of the person sought for extradition before the

24 receipt of documents or other proof in support of the

25 request for extradition.
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1 ‘‘(2) FILING OF COMPLAINTS; ORDER BY JUDI2 CIAL OFFICER.—

3 ‘‘(A) FILING.—A complaint filed under

4 this subsection shall be filed in the same man5 ner as provided in section 3184.

6 ‘‘(B) ORDERS.—Upon the filing of a com7 plaint under subparagraph (A), the appropriate

8 judicial officer may issue an order for the provi9 sional arrest and detention of the person.

10 ‘‘(C) RELEASES.—If, not later than 45

11 days after the arrest, the formal request for ex12 tradition and documents in support of that are

13 not received by the Department of State, the

14 appropriate judicial officer may order that a

15 person detained pursuant to this subsection be

16 released from custody.

17 ‘‘(f) HEARINGS.—

18 ‘‘(1) IN GENERAL.—Subject to subsection (h),

19 upon the filing of a complaint for extradition and re20 ceipt of documents or other proof in support of the

21 request of a foreign government for extradition, the

22 appropriate judicial officer shall hold a hearing to

23 determine whether the person sought for extradition

24 is extraditable.
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1 ‘‘(2) CRITERIA FOR EXTRADITION.—Subject to

2 subsection (g), in a hearing conducted under para3 graph (1), the judicial officer shall find a person ex4 traditable if the officer finds—

5 ‘‘(A) probable cause to believe that the

6 person before the judicial officer is the person

7 sought in the foreign country of the requesting

8 foreign government;

9 ‘‘(B) probable cause to believe that the

10 person before the judicial officer committed the

11 offense for which that person is sought, or was

12 duly convicted of that offense in the foreign

13 country of the requesting foreign government;

14 ‘‘(C) that the conduct upon which the re15 quest for extradition is based, if that conduct

16 occurred within the United States, would be a

17 serious offense punishable by imprisonment for

18 more than 10 years under the laws of—

19 ‘‘(i) the United States;

20 ‘‘(ii) the majority of the States in the

21 United States; or

22 ‘‘(iii) of the State in which the fugi23 tive is found; and

24 ‘‘(D) no defense to extradition under sub25 section (f) has been established.
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1 ‘‘(g) LIMITATION OF EXTRADITION.—

2 ‘‘(1) IN GENERAL.—A judicial officer shall not

3 find a person extraditable under this section if the

4 person has established that the offense for which ex5 tradition is sought is—

6 ‘‘(A) an offense for which the person is

7 being proceeded against, or has been tried or

8 punished, in the United States; or

9 ‘‘(B) a political offense.

10 ‘‘(2) POLITICAL OFFENSES.—For purposes of

11 this section, a political offense does not include—

12 ‘‘(A) a murder or other violent crime

13 against the person of a head of state of a for14 eign state, or of a member of the family of the

15 head of state;

16 ‘‘(B) an offense for which both the United

17 States and the requesting foreign government

18 have the obligation pursuant to a multilateral

19 international agreement to—

20 ‘‘(i) extradite the person sought; or

21 ‘‘(ii) submit the case to the competent

22 authorities for decision as to prosecution;

23 or

24 ‘‘(C) a conspiracy or attempt to commit

25 any of the offenses referred to in subparagraph
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1 (A) or (B), or aiding or abetting a person who

2 commits or attempts to commit any such of3 fenses.

4 ‘‘(h) LIMITATIONS ON FACTORS FOR CONSIDERATION

5 AT HEARINGS.—

6 ‘‘(1) IN GENERAL.—At a hearing conducted

7 under subsection (a), the judicial officer conducting

8 the hearing shall not consider issues regarding—

9 ‘‘(A) humanitarian concerns;

10 ‘‘(B) the nature of the judicial system of

11 the requesting foreign government; and

12 ‘‘(C) whether the foreign government is

13 seeking extradition of a person for the purpose

14 of prosecuting or punishing the person because

15 of the race, religion, nationality or political

16 opinions of that person.

17 ‘‘(2) CONSIDERATION BY SECRETARY OF

18 STATE.—The issues referred to in paragraph (1)

19 shall be reserved for consideration exclusively by the

20 Secretary of State as described in subsection (c)(2).

21 ‘‘(3) ADDITIONAL CONSIDERATION.—Notwith22 standing the certification requirements described in

23 subsection (c)(2), the Secretary of State may, within

24 the sole discretion of the Secretary—
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1 ‘‘(A) in addition to considering the issues

2 referred to in paragraph (1) for purposes of

3 certifying the filing of a complaint under this

4 section, consider those issues again in exercis5 ing authority to surrender the person sought

6 for extradition in carrying out the procedures

7 under section 3184 and 3186; and

8 ‘‘(B) impose conditions on surrender in9 cluding those provided in subsection (i).

10 ‘‘(i) CONDITIONS OF SURRENDER; ASSURANCES.—

11 ‘‘(1) IN GENERAL.—The Secretary of State

12 may—

13 ‘‘(A) impose conditions upon the surrender

14 of a person sought for extradition under this

15 section; and

16 ‘‘(B) require such assurances of compli17 ance with those conditions, as the Secretary de18 termines to be appropriate.

19 ‘‘(2) ADDITIONAL ASSURANCES.—In addition to

20 imposing conditions and requiring assurances under

21 paragraph (1), the Secretary shall demand, as a con22 dition of the extradition of the person that is sought

23 for extradition—

24 ‘‘(A) in every case, an assurance the Sec25 retary determines to be satisfactory that the
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1 person shall not be tried or punished for an of2 fense other than the offense for which the per3 son has been extradited, absent the consent of

4 the United States; and

5 ‘‘(B) in a case in which the offense for

6 which extradition is sought is punishable by

7 death in the foreign country of the requesting

8 foreign government and is not so punishable

9 under the applicable laws in the United States,

10 an assurance the Secretary determines to be

11 satisfactory that the death penalty—

12 ‘‘(i) shall not be imposed; or

13 ‘‘(ii) if imposed, shall not be carried

14 out.’’.

15 SEC. 8103. TECHNICAL AND CONFORMING AMENDMENTS.

16 (a) IN GENERAL.—Chapter 209 of title 18, United

17 States Code, is amended—

18 (1) in section 3181, by inserting ‘‘, other than

19 sections 3197 and 3198,’’ after ‘‘The provisions of

20 this chapter’’ each place that term appears; and

21 (2) in section 3186, by striking ‘‘or 3185’’ and

22 inserting ‘‘, 3185, 3197 or 3198’’.

23 (b) CHAPTER ANALYSIS.—The analysis for chapter

24 209 of title 18, United States Code, is amended by adding

25 at the end the following:
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‘‘3197. Extradition for offenses not covered by a list treaty.

‘‘3198. Extradition absent a treaty.’’.

1 SEC. 8104. TEMPORARY TRANSFER OF PERSONS IN CUS2 TODY FOR PROSECUTION.

3 (a) IN GENERAL.—Chapter 306 of title 18, United

4 States Code, is amended by adding at the end the follow5 ing:

6 ‘‘§ 4116. Temporary transfer for prosecution

7 ‘‘(a) STATE DEFINED.—In this section, the term

8 ‘State’ includes a State of the United States, the District

9 of Columbia, and a commonwealth, territory, or possession

10 of the United States.

11 ‘‘(b) AUTHORITY OF ATTORNEY GENERAL WITH RE12 SPECT TO TEMPORARY TRANSFERS.—

13 ‘‘(1) IN GENERAL.—Subject to subsection (d),

14 if a person is in pretrial detention or is otherwise

15 being held in custody in a foreign country based

16 upon a violation of the law in that foreign country,

17 and that person is found extraditable to the United

18 States by the competent authorities of that foreign

19 country while still in the pretrial detention or cus20 tody, the Attorney General shall have the

21 authority—

22 ‘‘(A) to request the temporary transfer of

23 that person to the United States in order to
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1 proceed with prosecution of that person in a

2 Federal or State criminal proceeding;

3 ‘‘(B) to maintain the custody of that per4 son while the person is in the United States;

5 and

6 ‘‘(C) to return that person to the foreign

7 country at the conclusion of the criminal pros8 ecution, including any imposition of sentence.

9 ‘‘(2) REQUIREMENTS FOR REQUESTS BY AT10 TORNEY GENERAL.—The Attorney General shall

11 make a request under paragraph (1) only if the At12 torney General determines, after consultation with

13 the Secretary of State, that the return of that per14 son to the foreign country in question would be con15 sistent with international obligations of the United

16 States.

17 ‘‘(3) LIMITATION ON JUDICIAL REVIEW.—Any

18 decision or exercise of authority by the Attorney

19 General under this subsection shall not be subject to

20 judicial review.

21 ‘‘(c) AUTHORITY OF ATTORNEY GENERAL WITH RE22 SPECT TO PRETRIAL DETENTIONS.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) AUTHORITY OF ATTORNEY GEN25 ERAL.—Subject to paragraph (2) and sub-
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1 section (d), the Attorney General shall have the

2 authority to carry out the actions described in

3 subparagraph (B), if—

4 ‘‘(i) a person is in pretrial detention

5 or is otherwise being held in custody in the

6 United States based upon a violation of

7 Federal or State law, and that person is

8 found extraditable to a foreign country

9 while still in the pretrial detention or cus10 tody pursuant to section 3184, 3197, or

11 3198; and

12 ‘‘(ii) a determination is made by the

13 Secretary of State and the Attorney Gen14 eral that the person will be surrendered.

15 ‘‘(B) ACTIONS.—If the conditions de16 scribed in subparagraph (A) are met, the Attor17 ney General shall have the authority to—

18 ‘‘(i) temporarily transfer the person

19 described in subparagraph (A) to the for20 eign country of the foreign government re21 questing the extradition of that person in

22 order to face prosecution;

23 ‘‘(ii) transport that person from the

24 United States in custody; and
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1 ‘‘(iii) return that person in custody to

2 the United States from the foreign coun3 try.

4 ‘‘(2) CONSENT BY STATE AUTHORITIES.—If the

5 person is being held in custody for a violation of

6 State law, the Attorney General may exercise the au7 thority described in paragraph (1) if the appropriate

8 State authorities give their consent to the Attorney

9 General.

10 ‘‘(3) CRITERION FOR REQUEST.—The Attorney

11 General shall make a request under paragraph (1)

12 only if the Attorney General determines, after con13 sultation with the Secretary of State, that the return

14 of the person sought for extradition to the foreign

15 country of the foreign government requesting the ex16 tradition would be consistent with United States

17 international obligations.

18 ‘‘(4) JUDICIAL REVIEW.—Any decision or exer19 cise of authority by the Attorney General under this

20 subsection shall not be subject to judicial review.

21 ‘‘(5) EFFECT OF TEMPORARY TRANSFER.—

22 With regard to any person in pretrial detention—

23 ‘‘(A) a temporary transfer under this sub24 section shall result in an interruption in the

25 pretrial detention status of that person; and
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1 ‘‘(B) the right to challenge the conditions

2 of confinement pursuant to section 3142(f) does

3 not extend to the right to challenge the condi4 tions of confinement in a foreign country while

5 in that foreign country temporarily under this

6 subsection.

7 ‘‘(d) CONSENT BY PARTIES TO WAIVE PRIOR FIND8 ING OF WHETHER A PERSON IS EXTRADITABLE.—The

9 Attorney General may exercise the authority described in

10 subsections (b) and (c) absent a prior finding that the per11 son in custody is extraditable, if the person, any appro12 priate State authorities in a case under subsection (c), and

13 the requesting foreign government give their consent to

14 waive that requirement.

15 ‘‘(e) RETURN OF PERSONS.—

16 ‘‘(1) IN GENERAL.—If the temporary transfer

17 to or from the United States of a person in custody

18 for the purpose of prosecution is provided for by this

19 section, that person shall be returned to the United

20 States or to the foreign country from which the per21 son is transferred on completion of the proceedings

22 upon which the transfer was based.

23 ‘‘(2) STATUTORY INTERPRETATION WITH RE24 SPECT TO IMMIGRATION LAWS.—In no event shall

25 the return of a person under paragraph (1) require
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1 extradition proceedings or proceedings under the im2 migration laws.

3 ‘‘(3) CERTAIN RIGHTS AND REMEDIES

4 BARRED.—Notwithstanding any other provision of

5 law, a person temporarily transferred to the United

6 States pursuant to this section shall not be entitled

7 to apply for or obtain any right or remedy under the

8 Immigration and Nationality Act (8 U.S.C. 1101 et

9 seq.), including the right to apply for or be granted

10 asylum or withholding of deportation.’’.

11 (b) TECHNICAL AND CONFORMING AMENDMENT.—

12 The analysis for chapter 306 of title 18, United States

13 Code, is amended by adding at the end the following:

‘‘4116. Temporary transfer for prosecution.’’.

14 SEC. 8105. TRANSFER OF FOREIGN PRISONERS TO SERVE

15 SENTENCES IN COUNTRY OF ORIGIN.

16 Section 4100(b) of title 18, United States Code, is

17 amended in the third sentence by inserting ‘‘, unless other18 wise provided by treaty,’’ before ‘‘an offender’’.

19 SEC. 8106. TRANSIT OF FUGITIVES FOR PROSECUTION IN

20 FOREIGN COUNTRIES.

21 (a) IN GENERAL.—Chapter 305 of title 18, United

22 States Code, is amended by adding at the end the follow23 ing:
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1 ‘‘§ 4087. Transit through the United States of persons

2 wanted in a foreign country

3 ‘‘(a) IN GENERAL.—The Attorney General may, in

4 consultation with the Secretary of State, permit the tem5 porary transit through the United States of a person

6 wanted for prosecution or imposition of sentence in a for7 eign country.

8 ‘‘(b) LIMITATION ON JUDICIAL REVIEW.—A deter9 mination by the Attorney General to permit or not to per10 mit a temporary transit described in subsection (a) shall

11 not be subject to judicial review.

12 ‘‘(c) CUSTODY.—If the Attorney General permits a

13 temporary transit under subsection (a), Federal law en14 forcement personnel may hold the person subject to that

15 transit in custody during the transit of the person through

16 the United States.

17 ‘‘(d) CONDITIONS APPLICABLE TO PERSONS SUB18 JECT TO TEMPORARY TRANSIT.—Notwithstanding any

19 other provision of law, a person who is subject to a tem20 porary transit through the United States under this sec21 tion shall—

22 ‘‘(1) be required to have only such documents

23 as the Attorney General shall require;

24 ‘‘(2) not be considered to be admitted or pa25 roled into the United States; and
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1 ‘‘(3) not be entitled to apply for or obtain any

2 right or remedy under the Immigration and Nation3 ality Act (8 U.S.C. 1101 et seq.), including the right

4 to apply for or be granted asylum or withholding of

5 deportation.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—

7 The analysis for chapter 305 of title 18, United States

8 Code, is amended by adding at the end the following:

‘‘4087. Transit through the United States of persons wanted in a foreign country.’’.

9 Subtitle C—Seizing and Forfeiting

10 the Assets of International

11 Criminals

12 SEC. 8201. FORFEITURE OF ASSETS IN INTERNATIONAL

13 MONEY LAUNDERING AND DRUG CRIMES.

14 (a) FORFEITURE OF PROCEEDS OF FOREIGN

15 CRIMES.—Section 981(a)(1)(B) of title 18, United States

16 Code, is amended by inserting ‘‘or involving any other con17 duct described in section 1956(c)(7)(D),’’ after ‘‘Con18 trolled Substances Act),’’.

19 (b) FORFEITURE OF PROPERTY USED TO COMMIT

20 DRUG CRIMES ABROAD.—Section 981(a)(1)(B) of title

21 18, United States Code, is amended by inserting ‘‘, or any

22 property used to facilitate an offense described in subpara23 graph (i)’’ before the period at the end.
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1 (c) FORFEITURE OF PROPERTY USED TO VIOLATE

2 FEDERAL EXPLOSIVES LAWS.—

3 (1) IN GENERAL.—Section 981(a)(1) of title

4 18, United States Code, is amended by adding at

5 the end the following:

6 ‘‘(I) Any conveyance, chemical, laboratory

7 equipment, or other material, article, apparatus, de8 vice, or thing made, possessed, fitted, used, or in9 tended to be used to commit a violation of sub10 section (a)(1), (a)(3), (b), (c), (d), (h), (i), (l), (m),

11 or (n) of section 842, or any of subsections (d)

12 through (m) of section 844, or a conspiracy to com13 mit any such offense, and any property traceable to

14 any such item.’’.

15 (2) CONFORMING AMENDMENT.—Section

16 982(a) of title 18, United States Code, is amended

17 by adding at the end the following:

18 ‘‘(9) In imposing a sentence on a person con19 victed of an offense punishable for a violation of

20 chapter 40, or a conspiracy to commit such an of21 fense, the court shall order the person to forfeit to

22 the United States any—

23 ‘‘(A) conveyance, chemical, laboratory

24 equipment, or other material, article, apparatus,

25 device, or thing made, possessed, fitted, used,
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1 or intended to be used to commit such offense;

2 and

3 ‘‘(B) property traceable to any item de4 scribed in subparagraph (A).’’

5 SEC. 8202. AUTHORITY TO ORDER CONVICTED CRIMINALS

6 TO RETURN PROPERTY LOCATED ABROAD.

7 (a) ORDER OF FORFEITURE.—Section 413(p) of the

8 Controlled Substances Act (21 U.S.C. 853(p)) is amended

9 by adding at the end the following: ‘‘In the case of prop10 erty described in paragraph (3), the court may, in addi11 tion, order the defendant to return the property to the

12 jurisdiction of the court so that the property may be seized

13 and forfeited.’’.

14 (b) PRETRIAL RESTRAINING ORDER.—Section

15 413(e) of the Controlled Substances Act (21 U.S.C.

16 853(e)) is amended by inserting after paragraph (3) the

17 following:

18 ‘‘(4)(A) Pursuant to its authority to enter a

19 pretrial restraining order under this section, includ20 ing its authority to restrain any property forfeitable

21 as substitute assets, the court may also order the de22 fendant to repatriate any property subject to forfeit23 ure pending trial, and to deposit that property in the

24 registry of the court, or with the United States Mar-
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1 shals Service or the Secretary of the Treasury, in an

2 interest-bearing account.

3 ‘‘(B) Failure to comply with an order under

4 this subsection, or an order to repatriate property

5 under subsection (p), shall be punishable as a civil

6 or criminal contempt of court, and may also result

7 in an enhancement of the sentence for the offense

8 giving rise to the forfeiture under the obstruction of

9 justice provision of section 3C1.1 of the Federal

10 Sentencing Guidelines.’’.

11 SEC. 8203. ENFORCEMENT OF FOREIGN FORFEITURE JUDG12 MENTS.

13 (a) IN GENERAL.—Chapter 163 of title 28, United

14 States Code, as amended by section 7012 of this Act, is

15 amended by adding at the end the following:

16 ‘‘§ 2468. Enforcement of foreign forfeiture judgment

17 ‘‘(a) DEFINITIONS.—In this section—

18 ‘‘(1) the term ‘foreign nation’ means a country

19 that has become a party to the United Nations Con20 vention Against Illicit Traffic in Narcotic Drugs and

21 Psychotropic Substances (hereafter ‘the United Na22 tions Convention’) or a foreign jurisdiction with

23 which the United States has a treaty or other formal

24 international agreement in effect providing for mu25 tual forfeiture assistance; and
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1 ‘‘(2) the term ‘value based confiscation judg2 ment’ shall mean a final order of a foreign nation

3 compelling a defendant, as a consequence of the

4 criminal conviction of the defendant for an offense

5 described in Article 3, paragraph 1, of the United

6 Nations Convention, to pay a sum of money rep7 resenting the proceeds of the offense, or property the

8 value of which corresponds to those proceeds.

9 ‘‘(b) REVIEW BY ATTORNEY GENERAL.—

10 ‘‘(1) IN GENERAL.—A foreign nation seeking to

11 have its value based confiscation judgment reg12 istered and enforced by a United States district

13 court under this section shall first submit to the At14 torney General or the designee of the Attorney Gen15 eral a request, which shall include—

16 ‘‘(A) a summary of the facts of the case

17 and a description of the criminal proceeding

18 that resulted in the value based confiscation

19 judgment;

20 ‘‘(B) certified copies of the judgment of

21 conviction and value based confiscation judg22 ment;

23 ‘‘(C) an affidavit or sworn declaration es24 tablishing that the defendant received notice of

25 the proceedings in sufficient time to enable the
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1 defendant to defend against the charges and

2 that the value based confiscation judgment ren3 dered is in force and is not subject to appeal;

4 ‘‘(D) an affidavit or sworn declaration that

5 reasonable efforts have been undertaken to en6 force the value based confiscation judgment

7 against the property of the defendant, if any, in

8 the foreign country; and

9 ‘‘(E) such additional information and evi10 dence as may be required by the Attorney Gen11 eral or the designee of the Attorney General.

12 ‘‘(2) CERTIFICATION.—The Attorney General

13 or the designee of the Attorney General, in consulta14 tion with the Secretary of State or the designee of

15 the Secretary, shall determine whether to certify the

16 request, and such decision shall be final and not

17 subject to either judicial review or review under

18 chapter 5 of title 5, United States Code (commonly

19 known as the ‘Administrative Procedures Act’).

20 ‘‘(c) JURISDICTION AND VENUE.—

21 ‘‘(1) IN GENERAL.—If the Attorney General or

22 the designee of the Attorney General certifies a re23 quest under paragraph (b), the foreign nation may

24 file a civil proceeding in United States district court

25 seeking to enforce the foreign value based confisca-
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1 tion judgment as if the judgment had been entered

2 by a court in the United States.

3 ‘‘(2) RULES GOVERNING PROCEEDINGS.—In a

4 civil proceeding under paragraph (1)—

5 ‘‘(A) the foreign nation shall be the plain6 tiff and the person against whom the value

7 based confiscation judgment was entered shall

8 be the defendant;

9 ‘‘(B) venue shall lie in the district court

10 for the District of Columbia or in any other dis11 trict in which the defendant or the property

12 that may be the basis for satisfaction of a judg13 ment under this section may be found; and

14 ‘‘(C) the district court shall have personal

15 jurisdiction over a defendant residing outside of

16 the United States if the defendant is served

17 with process in accordance with Rule 4 of the

18 Federal Rules of Civil Procedure.

19 ‘‘(d) ENTRY AND ENFORCEMENT OF JUDGMENT.—

20 ‘‘(1) IN GENERAL.—In any civil action under

21 subsection (c), the district court shall enter such or22 ders as may be necessary to enforce the value based

23 confiscation judgment on behalf of the foreign na24 tion, if the court determines that—
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1 ‘‘(A) the value based confiscation judgment

2 was rendered under a system that provides im3 partial tribunals or procedures compatible with

4 the requirements of due process of law;

5 ‘‘(B) the foreign court had personal juris6 diction over the defendant;

7 ‘‘(C) the foreign court had jurisdiction over

8 the subject matter;

9 ‘‘(D) the defendant in the proceedings in

10 the foreign court received notice of the proceed11 ings in sufficient time to enable the defendant

12 to defend; and

13 ‘‘(E) that judgment was not obtained by

14 fraud.

15 ‘‘(2) PROCESS.—Process to enforce a judgment

16 under this section shall be in accordance with Rule

17 69(a) of the Federal Rules of Civil Procedure.

18 ‘‘(e) FINALITY OF FOREIGN FINDINGS.—Upon a

19 finding by the district court that the conditions set forth

20 in subsection (d) have been satisfied, the court shall be

21 bound by the findings of facts stated in the foreign judg22 ment of conviction and value based confiscation judgment.

23 ‘‘(f) CURRENCY CONVERSION.—If a value based con24 fiscation judgment requires the payment of a sum of

25 money, the rate of exchange in effect at time the suit to
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1 enforce is filed by the foreign nation shall be used in cal2 culating the amount stated in the judgment submitted for

3 registration.’’.

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 The analysis for chapter 163 of title 28, United States

6 Code, is amended by adding at the end the following:

‘‘2468. Enforcement of foreign forfeiture judgment.’’.

7 SEC. 8204. CRIMINAL AND CIVIL PENALTIES UNDER THE

8 INTERNATIONAL EMERGENCY ECONOMIC

9 POWERS ACT.

10 (a) INCREASED CIVIL PENALTY.—Section 206(a) of

11 the International Emergency Economic Powers Act (50

12 U.S.C. 1705(a)), is amended by striking ‘‘$10,000’’ and

13 inserting ‘‘$50,000’’.

14 (b) INCREASED CRIMINAL FINE.—Section 206(b) of

15 the International Emergency Economic Powers Act (50

16 U.S.C. 1705(b)), is amended to read as follows:

17 ‘‘(b) Whoever willfully violates any license, order, or

18 regulation issued under this chapter shall be fined not

19 more that $1,000,000 if an organization (as defined in

20 section 18 of title 18, United States Code), and not more

21 than $250,000, imprisoned not more than 10 years, or

22 both, if an individual.’’.
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1 SEC. 8205. ATTEMPTED VIOLATIONS OF THE TRADING WITH

2 THE ENEMY ACT.

3 Section 16 of the Trading with the Enemy Act (50

4 U.S.C. App. 16) is amended—

5 (1) in subsection (a), by inserting ‘‘or attempt

6 to violate’’ after ‘‘violate’’ each place it appears; and

7 (2) in subsection (b)(1), by inserting ‘‘or at8 tempts to violate’’ after ‘‘violates’’.

9 Subtitle D—Responding to Emerg10 ing International Crime Threats

11 PART 1—COMPUTER AND HIGH-TECH CRIME

12 SEC. 8311. ENHANCED AUTHORITY TO INVESTIGATE COM13 PUTER FRAUD AND ATTACKS ON COMPUTER

14 SYSTEMS.

15 Section 2516(1)(c) of title 18, United States Code,

16 is amended by inserting ‘‘, a felony violation of section

17 1030 (relating to computer fraud and attacks on computer

18 systems)’’ before ‘‘section 1992 (relating to wrecking

19 trains)’’.

20 SEC. 8312. LAW ENFORCEMENT ACCESS TO STORED INFOR21 MATION ON COMPUTER NETWORKS.

22 Section 2703 of title 18, United States Code, as

23 amended by section 2404 of this Act, is amended by add24 ing at the end the following:

25 ‘‘(h) ACCESS TO STORED ELECTRONIC INFORMA26 TION.—
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1 ‘‘(1) DISCLOSURE.—

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), a governmental entity may require

4 the disclosure by a provider of a remote com5 puting service of the contents of an electronic

6 record in networked electronic storage only if

7 the person who created the record is accorded

8 the same protections that would be available if

9 the record had remained in that person’s pos10 session.

11 ‘‘(B) NETWORKED ELECTRONIC STOR12 AGE.—In addition to the requirements of sub13 paragraph (A) and subject to paragraph (2), a

14 governmental entity may require the disclosure

15 of the contents of an electronic record in

16 networked electronic storage only—

17 ‘‘(i) pursuant to a warrant issued

18 under the Federal Rules of Criminal Pro19 cedure or equivalent State warrant, a copy

20 of which warrant shall be served on the

21 person who created the record prior to or

22 at the same time the warrant is served on

23 the provider of the remote computing serv24 ice;
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1 ‘‘(ii) pursuant to a subpoena issued

2 under the Federal Rules of Criminal Pro3 cedure or equivalent State warrant, a copy

4 of which subpoena shall be served on the

5 person who created the record, under cir6 cumstances allowing that person a mean7 ingful opportunity to challenge the sub8 poena; or

9 ‘‘(iii) upon the consent of the person

10 who created the record.

11 ‘‘(2) DEFINITION.—In this subsection, an elec12 tronic record is in ‘networked electronic storage’ if—

13 ‘‘(A) it is not covered by subsection (a) of

14 this section;

15 ‘‘(B) the person holding the record is not

16 authorized to access the contents of such record

17 for any purposes other than in connection with

18 providing the service of storage; and

19 ‘‘(C) the person who created the record is

20 able to access and modify it remotely through

21 electronic means.’’.

22 PART 2—ENHANCING ANTITERRORISM LAWS

23 SEC. 8321. EXTENSION OF AUTHORITY.

24 Section 233(d) of the Antiterrorism and Effective

25 Death Penalty Act of 1996 (110 Stat. 1245) is amended
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1 by striking ‘‘1 year after the date of enactment of this

2 Act’’ and inserting ‘‘on October 1, 2000’’.

3 SEC. 8322. CLARIFICATION OF BIOLOGICAL WEAPONS DEFI4 NITIONS.

5 (a) BIOLOGICAL AGENTS; TOXINS.—Section 178 of

6 title 18, United States Code, is amended—

7 (1) in paragraph (1), by striking ‘‘means any

8 microorganism, virus, or infectious substance, or bio9 logical product that may be engineered as a result

10 of biotechnology or any naturally occurring or bio11 engineered component of any such microorganism,

12 virus, infectious substance, or biological product’’

13 and inserting the following: ‘‘means any microorga14 nism (including, but not limited to, bacteria, viruses,

15 fungi, rickettsiae or protozoa), or infectious sub16 stance, or any naturally occurring, bioengineered or

17 synthesized component of any such microorganism

18 or infectious substance’’;

19 (2) in paragraph (2), by striking ‘‘means the

20 toxic material of plants, animals, microorganisms, vi21 ruses, fungi, or infectious substances, or a recom22 binant molecule, whatever its origin or method of

23 production, including’’ and inserting the following:

24 ‘‘means the toxic material or product of plants, ani25 mals, microorganisms (including, but not limited to,
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1 bacteria, viruses, fungi, rickettsiae or protozoa), or

2 infectious substances, or a recombinant or syn3 thesized molecule, whatever their origin and method

4 of production, and includes’’; and

5 (3) in paragraph (4), by striking ‘‘recombinant

6 molecule, or biological product that may be engi7 neered as a result of biotechnology’’ and inserting

8 ‘‘recombinant or synthesized molecule’’.

9 (b) USE OF WEAPONS OF MASS DESTRUCTION.—

10 Section 2332a of title 18, United States Code, is

11 amended—

12 (1) in subsection (a), striking ‘‘, including any

13 biological agent, toxin, or vector (as those terms are

14 defined in section 178)’’; and

15 (2) in subsection (c)(2)(C), striking ‘‘disease or16 ganism’’ and inserting ‘‘any biological agent, toxin,

17 or vector (as those terms are defined in section 178

18 of this title)’’.

19 SEC. 8323. PUNISHMENT OF THREATS TO USE CHEMICAL

20 WEAPONS.

21 Section 2332c(a)(1) of title 18, United States Code,

22 is amended by striking ‘‘uses, or attempts’’ and inserting

23 ‘‘uses, or threatens, attempts’’.
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1 Subtitle E—Promoting Global Co2 operation in the Fight Against

3 International Crime

4 SEC. 8401. SHARING PROCEEDS OF JOINT FORFEITURE OP5 ERATIONS WITH COOPERATING FOREIGN

6 AGENCIES.

7 (a) IN GENERAL.—Section 981(i)(1) of title 18,

8 United States Code, is amended by striking ‘‘this chapter’’

9 and inserting ‘‘any provision of Federal law’’.

10 (b) CONFORMING AMENDMENT.—Section 511(e)(1)

11 of the Controlled Substances Act (21 U.S.C. 881(e)(1))

12 is amended—

13 (1) in subparagraph (C), by adding ‘‘or’’ at the

14 end;

15 (2) in subparagraph (D), by striking ‘‘; or’’ and

16 inserting a period; and

17 (3) by striking subparagraph (E).

18 SEC. 8402. STREAMLINED PROCEDURES FOR EXECUTION

19 OF MLAT REQUESTS.

20 (a) IN GENERAL.—Chapter 117 of title 28, United

21 States Code, is amended by adding at the end the follow22 ing:

23 ‘‘§ 1785. Assistance to foreign authorities

24 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) PRESENTATION OF REQUESTS.—The At2 torney General may present a request made by a

3 foreign government for assistance with respect to a

4 foreign investigation, prosecution, or proceeding re5 garding a criminal matter pursuant to a treaty, con6 vention, or executive agreement for mutual legal as7 sistance between the United States and that govern8 ment or in accordance with section 1782, the execu9 tion of which requires or appears to require the use

10 of compulsory measures in more than 1 judicial dis11 trict, to a judge or judge magistrate of—

12 ‘‘(A) any 1 of the districts in which per13 sons who may be required to appear to testify

14 or produce evidence or information reside or are

15 found, or in which evidence or information to be

16 produced is located; or

17 ‘‘(B) the United States District Court for

18 the District of Columbia.

19 ‘‘(2) AUTHORITY OF COURT.—A judge or judge

20 magistrate to whom a request for assistance is pre21 sented under paragraph (1) shall have the authority

22 to issue those orders necessary to execute the re23 quest including orders appointing a person to direct

24 the taking of testimony or statements and the pro25 duction of evidence or information, of whatever na-
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1 ture and in whatever form, in execution of the re2 quest.

3 ‘‘(b) AUTHORITY OF APPOINTED PERSONS.—A per4 son appointed under subsection (a)(2) shall have the au5 thority to—

6 ‘‘(1) issue orders for the taking of testimony or

7 statements and the production of evidence or infor8 mation, which orders may be served at any place

9 within the United States;

10 ‘‘(2) administer any necessary oath; and

11 ‘‘(3) take testimony or statements and receive

12 evidence and information.

13 ‘‘(c) PERSONS ORDERED TO APPEAR.—A person or14 dered pursuant to subsection (b)(1) to appear outside the

15 district in which that person resides or is found may, not

16 later than 10 days after receipt of the order—

17 ‘‘(1) file with the judge or judge magistrate who

18 authorized execution of the request a motion to ap19 pear in the district in which that person resides or

20 is found or in which the evidence or information is

21 located; or

22 ‘‘(2) provide written notice, requesting appear23 ance in the district in which the person resides or

24 is found or in which the evidence or information is

25 located, to the person issuing the order to appear,
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1 who shall advise the judge or judge magistrate au2 thorizing execution.

3 ‘‘(d) TRANSFER OF REQUESTS.—

4 ‘‘(1) IN GENERAL.—The judge or judge mag5 istrate may transfer a request under subsection (c),

6 or that portion requiring the appearance of that per7 son, to the other district if—

8 ‘‘(A) the inconvenience to the person is

9 substantial; and

10 ‘‘(B) the transfer is unlikely to adversely

11 affect the effective or timely execution of the re12 quest or a portion thereof.

13 ‘‘(2) EXECUTION.—Upon transfer, the judge or

14 judge magistrate to whom the request or a portion

15 thereof is transferred shall complete its execution in

16 accordance with subsections (a) and (b).’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENT.—

18 The analysis for chapter 117 of title 28, United States

19 Code, is amended by adding at the end the following:

‘‘1785. Assistance to foreign authorities.’’.

20 SEC. 8403. TEMPORARY TRANSFER TO FOREIGN COUNTRY

21 OF INCARCERATED WITNESSES.

22 (a) IN GENERAL.—Section 3508 of title 18, United

23 States Code, is amended—

24 (1) by striking the section heading and insert25 ing the following:
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1 ‘‘§ 3508. Temporary transfer of witnesses in custody’’;

2 (2) by striking subsections (b) and (c) and in3 serting the following:

4 ‘‘(b) TRANSFER AUTHORITY.—

5 ‘‘(1) IN GENERAL.—If the testimony of a per6 son who is serving a sentence, in pretrial detention,

7 or otherwise being held in custody in the United

8 States, is needed in a foreign criminal proceeding,

9 the Attorney General shall have the authority to—

10 ‘‘(A) temporarily transfer that person to

11 the foreign country for the purpose of giving

12 the testimony;

13 ‘‘(B) transport that person from the

14 United States in custody;

15 ‘‘(C) make appropriate arrangements for

16 custody for that person while outside the

17 United States; and

18 ‘‘(D) return that person in custody to the

19 United States from the foreign country.

20 ‘‘(2) PERSONS HELD FOR STATE LAW VIOLA21 TIONS.—If the person is being held in custody for a

22 violation of State law, the Attorney General may ex23 ercise the authority described in this subsection if

24 the appropriate State authorities give their consent.

25 ‘‘(c) RETURN OF PERSONS TRANSFERRED.—
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1 ‘‘(1) IN GENERAL.—If the transfer to or from

2 the United States of a person in custody for the pur3 pose of giving testimony is provided for by treaty or

4 convention, by this section, or both, that person shall

5 be returned to the United States, or to the foreign

6 country from which the person is transferred.

7 ‘‘(2) LIMITATION.—In no event shall the return

8 of a person under this subsection require any re9 quest for extradition or extradition proceedings, or

10 require that person to be subject to deportation or

11 exclusion proceedings under the laws of the United

12 States, or the foreign country from which the person

13 is transferred.

14 ‘‘(d) APPLICABILITY OF INTERNATIONAL AGREE15 MENTS.—If there is an international agreement between

16 the United States and the foreign country in which a wit17 ness is being held in custody or to which the witness will

18 be transferred from the United States, that provides for

19 the transfer, custody, and return of those witnesses, the

20 terms and conditions of that international agreement shall

21 apply. If there is no such international agreement, the At22 torney General may exercise the authority described in

23 subsections (a) and (b) if both the foreign country and

24 the witness give their consent.

25 ‘‘(e) RIGHTS OF PERSONS TRANSFERRED.—
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1 ‘‘(1) Notwithstanding any other provision of

2 law, a person held in custody in a foreign country

3 who is transferred to the United States pursuant to

4 this section for the purpose of giving testimony—

5 ‘‘(A) shall not by reason of that transfer,

6 during the period that person is present in the

7 United States pursuant to that transfer, be en8 titled to apply for or obtain any right or remedy

9 under the Immigration and Nationality Act (8

10 U.S.C. 1101 et seq.), including the right to

11 apply for or be granted asylum or withholding

12 of deportation or any right to remain in the

13 United States under any other law; and

14 ‘‘(B) may be summarily removed from the

15 United States upon order of the Attorney Gen16 eral.

17 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in

18 this subsection may be construed to create any sub19 stantive or procedural right or benefit to remain in

20 the United States that is legally enforceable in a

21 court of law of the United States or of a State by

22 any party against the United States or its agencies

23 or officers.

24 ‘‘(f) CONSISTENCY WITH INTERNATIONAL OBLIGA25 TIONS.—The Attorney General shall not take any action
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1 under this section to transfer or return a person to a for2 eign country unless the Attorney General determines, after

3 consultation with the Secretary of State, that transfer or

4 return would be consistent with the international obliga5 tions of the United States. A determination by the Attor6 ney General under this subsection shall not be subject to

7 judicial review by any court.’’.

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—

9 The analysis for chapter 223 of title 18, United States

10 Code, is amended by striking the item relating to section

11 3508 and inserting the following:

‘‘3508. Temporary transfer of witnesses in custody.’’.

12 SEC. 8404. DISCRETIONARY AUTHORITY TO USE FORFEIT13 URE PROCEEDS.

14 Section 524(c)(1) of title 28, United States Code, is

15 amended—

16 (1) by redesignating subparagraph (I) begin17 ning with ‘‘after all’’ as subparagraph (J);

18 (2) by in subparagraph (J), as redesignated,

19 striking the period and inserting ‘‘, and’’; and

20 (3) by adding at the end the following:

21 ‘‘(K) at the discretion of the Attorney Gen22 eral, payments to return forfeited property re23 patriated to the United States by a foreign gov24 ernment or others acting at the direction of a
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1 foreign government, and interest earned on the

2 property, if—

3 ‘‘(i) a final foreign judgment entered

4 against a foreign government or those act5 ing at its direction, which foreign judgment

6 was based on the measures, such as sei7 zure and repatriation of property, that re8 sulted in deposit of the funds into the

9 Fund;

10 ‘‘(ii) the foreign judgment was entered

11 and presented to the Attorney General not

12 later than 5 years after the date on which

13 the property was repatriated to the United

14 States;

15 ‘‘(iii) the foreign government or those

16 acting at its direction vigorously defended

17 its actions under its own laws; and

18 ‘‘(iv) the amount of the disbursement

19 does not exceed the amount of funds de20 posited to the Fund, plus interest earned

21 on those funds pursuant to section

22 524(c)(5), less any awards and equitable

23 shares paid by the Fund to the foreign

24 government or those acting at its direction

25 in connection with a particular case.’’.
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1 Subtitle F—Streamlining the Inves2 tigation and Prosecution of

3 International Crimes in United

4 States Courts

5 SEC. 8501. REIMBURSEMENT OF STATE AND LOCAL LAW

6 ENFORCEMENT AGENCIES IN INTER7 NATIONAL CRIME CASES.

8 The Attorney General may obligate, as necessary ex9 penses, from any appropriate appropriation account avail10 able to the Department of Justice in fiscal year 2000 or

11 any fiscal year thereafter, the cost of reimbursement to

12 State or local law enforcement agencies for translation

13 services and related expenses, including transportation ex14 penses, in cases involving extradition or requests for mu15 tual legal assistance from foreign governments.

16 SEC. 8502. STRENGTHEN WAR CRIMES OFFENSE.

17 Section 2441(b) of title 18, United States Code, is

18 amended—

19 (1) by striking ‘‘that the person’’ and inserting

20 the following: ‘‘are that—

21 ‘‘(1) the person’’;

22 (2) by striking the period at the end and insert23 ing a semicolon; and

24 (3) by addding at the end the following:
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1 ‘‘(2) the perpetrator is found in the United

2 States after the crime is committed; or

3 ‘‘(3) the crime occurs within the United

4 States’’.

5 SEC. 8503. SAFE CONDUCT FOR FOREIGN WITNESSES TES6 TIFYING IN UNITED STATES COURTS.

7 (a) IN GENERAL.—Chapter 305 of title 18, United

8 States Code, is amended by adding at the end the follow9 ing:

10 ‘‘§ 4088. Safe conduct for witnesses temporarily in the

11 United States

12 ‘‘(a) DEFINITIONS.—In this section:

13 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.—

14 The term ‘Federal law enforcement officer’ has the

15 meaning given the term in section 115.

16 ‘‘(2) MAGISTRATE JUDGE.—The term ‘mag17 istrate judge’ has the meaning given the term in

18 Rule 54 of the Federal Rules of Criminal Procedure.

19 ‘‘(3) STATE.—The term ‘State’ means a State

20 of the United States, the District of Columbia, and

21 any commonwealth, territory, or possession of the

22 United States.

23 ‘‘(b) SAFE CONDUCT.—The Attorney General may

24 determine that, if a person located outside the United

25 States is requested by a magistrate judge or Federal law
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1 enforcement officer to appear and provide testimony or

2 answer questions in the United States in connection with

3 any Federal or State criminal matter, the person shall not

4 be subject to service of process, or be detained or subjected

5 to any restriction of personal liberty, by reason of any acts

6 or convictions that preceded the departure of that person

7 from the foreign jurisdiction.

8 ‘‘(c) TERMS AND CONDITIONS.—

9 ‘‘(1) IN GENERAL.—The Attorney General may

10 specify in any grant of safe conduct the appropriate

11 duration and conditions of the grant.

12 ‘‘(2) TIME PERIOD.—Absent contrary direction

13 by the Attorney General, the safe conduct provided

14 for by this section shall expire not later the earlier

15 of—

16 ‘‘(A) the date on which the person leaves

17 the United States; or

18 ‘‘(B) 7 days after the earlier of—

19 ‘‘(i) the date on which the person

20 completes the testimony of that person or

21 the answers of that person to the ques22 tions; or

23 ‘‘(ii) the date on which the requesting

24 magistrate judge or Federal law enforce25 ment officer has notified either the person
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1 or the appropriate authorities in the for2 eign jurisdiction that the presence of that

3 person in the United States is no longer

4 required.

5 ‘‘(3) IMMIGRATION STATUS AND REMOVAL.—

6 Absent contrary direction by the Attorney General,

7 persons granted safe conduct—

8 ‘‘(A) shall not be entitled to apply for or

9 obtain any light or remedy under the Immigra10 tion and Nationality Act, for so long as they are

11 present in the United States pursuant to those

12 grants; and

13 ‘‘(B) may be summarily removed from the

14 United States at the expiration of the safe con15 duct period upon order of the Attorney General,

16 and those orders shall not be subject to admin17 istrative or judicial review.

18 ‘‘(d) JUDICIAL REVIEW.—A determination by the At19 torney General to grant, deny, or condition safe conduct

20 under this section shall not be subject to judicial review.

21 ‘‘(e) TREATY PROVISIONS.—To the extent the provi22 sions of an applicable mutual legal assistance treaty are

23 inconsistent with this section, the treaty provisions shall

24 apply.’’.
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—

2 The analysis for chapter 305 of title 18, United States

3 Code, is amended by adding at the end the following:

‘‘4088. Safe conduct for witnesses temporarily in the United States.’’.

4 SEC. 8504. PROHIBITING FUGITIVES FROM BENEFITING

5 FROM TIME SERVED ABROAD.

6 Section 3585 of title 18, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(c) EXCLUSION FOR TIME SERVED ABROAD.—Not9 withstanding subsection (b), a defendant shall receive no

10 credit for any time spent in official detention in a foreign

11 country if—

12 ‘‘(1) the defendant fled from, or remained out13 side of, the United States to avoid prosecution or

14 imprisonment;

15 ‘‘(2) the United States officially requested the

16 return of the defendant to the United States for

17 prosecution or imprisonment; and

18 ‘‘(3) the defendant is in custody in the foreign

19 country pending surrender to the United States for

20 prosecution or imprisonment.’’.

21 SEC. 8505. SUSPENSION OF STATUTE OF LIMITATIONS FOR

22 COLLECTION OF EVIDENCE LOCATED

23 ABROAD.

24 Section 3292(b) of title 18, United States Code, is

25 amended to read as follows:
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1 ‘‘(b) PERIOD OF SUSPENSION.—Except as provided

2 in subsection (c), a period of suspension under this section

3 shall begin on the date on which the official request is

4 made and end on the date on which, the foreign court or

5 authority having taken final action on the request and

6 having transmitted the decision or results to the United

7 States, the decision or results are delivered to the request8 ing United States authority.’’.

9 SEC. 8506. CLARIFICATION OF DISCRETIONARY NATURE OF

10 PAYMENTS TO INFORMANTS.

11 Section 619(a)(2) of the Tariff Act of 1930 (19

12 U.S.C. 1619(a)(2)) is amended, in the flush matter follow13 ing subparagraph (B), by inserting ‘‘(or a designee of the

14 Secretary), in the sole discretion of the Secretary (or des15 ignee), ’’ after ‘‘the Secretary’’.

16 SEC. 8507. CRIMINAL OFFENSES COMMITTED OUTSIDE THE

17 UNITED STATES BY PERSONS ACCOMPANY18 ING THE ARMED FORCES.

19 (a) IN GENERAL.—Title 18, United States Code, is

20 amended by inserting after chapter 211 the following:
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1 ‘‘CHAPTER 212—CRIMINAL OFFENSES

2 COMMITTED OUTSIDE THE UNITED

3 STATES

4 ‘‘§ 3261. Criminal offenses committed by persons for5 merly serving with, or presently em6 ployed by or accompanying, the Armed

7 Forces outside the United States

8 ‘‘(a) Whoever, while serving with, employed by, or ac9 companying the Armed Forces outside the United States,

10 engages in conduct which would constitute an offense pun11 ishable by imprisonment for more than 1 year if the con12 duct had been engaged in within the special maritime and

13 territorial jurisdiction of the United States, shall be guilty

14 of a like offense and subject to a like punishment.

15 ‘‘(b) Nothing contained in this chapter deprives

16 courts-martial, military commissions, provost courts, or

17 other military tribunals of concurrent jurisdiction with re18 spect to offenders or offenses that by statute or by the

19 law of war may be tried by courts-martial, military com20 missions, provost courts, or other military tribunals.

21 ‘‘(c) No prosecution may be commenced under this

22 section if a foreign government, in accordance with juris23 diction recognized by the United States, has prosecuted

24 or is prosecuting such person for the conduct constituting

25 such offense, except upon the approval of the Attorney
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1 General of the United States or the Deputy Attorney Gen2 eral of the United States (or a person acting in either such

3 capacity), which function of approval may not be dele4 gated.

5 ‘‘(d)(1) The Secretaries of Defense and Transpor6 tation may designate and authorize any person serving in

7 a law enforcement position in the Department of Defense

8 and the Department of Transportation when the Coast

9 Guard is not operating as part of the Navy to arrest out10 side the United States any person described in subsection

11 (a) of this section who there is probable cause to believe

12 engaged in conduct which constitutes a criminal offense

13 under such section.

14 ‘‘(2) A person arrested under paragraph (1) of this

15 section shall be released to the custody of civilian law en16 forcement authorities of the United States for removal to

17 the United States for judicial proceedings in relation to

18 conduct referred to in such paragraph unless—

19 ‘‘(A) such person is delivered to authorities of

20 a foreign country under section 3262 of this title; or

21 ‘‘(B) charges are preferred against such person

22 under chapter 47 of title 10 for such conduct.

23 ‘‘§ 3262. Delivery to authorities of foreign countries

24 ‘‘(a) A person described in section 3261(a) of this

25 title may be delivered to the appropriate authorities of a
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1 foreign country in which such person is alleged to have

2 engaged in conduct described in such subsection (a) of this

3 section if—

4 ‘‘(1) the appropriate authorities of that country

5 request the delivery of the person to such country

6 for trial for such conduct as an offense under the

7 laws of that country; and

8 ‘‘(2) the delivery of such person to that country

9 is authorized by a treaty or other international

10 agreement to which the United States is a party.

11 ‘‘(b) The Secretary of Defense, in consultation with

12 the Secretary of State, shall determine what officials of

13 a foreign country constitute appropriate authorities for

14 the purpose of this section.

15 ‘‘§ 3263. Regulations

16 ‘‘The Secretary of Defense, in consultation with the

17 Secretary of State, shall issue regulations governing the

18 apprehension, detention, and removal of persons under

19 this chapter. Such regulations shall be uniform throughout

20 the Department of Defense.

21 ‘‘§ 3264. Definitions for chapter

22 ‘‘In this chapter—

23 ‘‘(1) a person is ‘employed by the Armed

24 Forces outside the United States’—
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1 ‘‘(A) if he or she is employed as a civilian

2 employee of a military department or of the De3 partment of Defense, as a Department of De4 fense contractor, or as an employee of a De5 partment of Defense contractor;

6 ‘‘(B) is present or residing outside the

7 United States in connection with such employ8 ment; and

9 ‘‘(C) is not a national of the host nation;

10 ‘‘(2) a person is ‘accompanying the Armed

11 Forces outside the United States’ if he or she—

12 ‘‘(A) is a dependent of a member of the

13 Armed Forces or of a civilian employee of a

14 military department or of the Department of

15 Defense;

16 ‘‘(B) is residing with the member or civil17 ian employee outside the United States; and

18 ‘‘(C) is not a national of the host nation.’’.

19 (b) CLERICAL AMENDMENT.—The analysis for part

20 II of title 18, United States Code, is amended by inserting

21 after the item relating to chapter 211 the following:

‘‘212. Criminal Offenses Committed Outside the United

States .......................................................................... 3261’’.
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1 TITLE IX—STRENGTHENING THE

2 AIR, LAND, AND SEA BOR3 DERS OF THE UNITED STATES

4 Subtitle A—Violence Committed

5 Along United States Borders

6 SEC. 9001. FELONY PUNISHMENT FOR VIOLENCE COMMIT7 TED ALONG THE UNITED STATES BORDERS.

8 (a) IN GENERAL.—Chapter 27 of title 18, United

9 States Code, is amended by adding at the end the follow10 ing:

11 ‘‘§ 554. Violence while eluding inspection or during

12 violation of arrival, reporting, entry, or

13 clearance requirements

14 ‘‘(a) IN GENERAL.—Whoever attempts to commit or

15 commits a crime of violence or recklessly operates any con16 veyance during and in relation to—

17 ‘‘(1)(A) attempting to elude or eluding immi18 gration, customs, or agriculture inspection; or

19 ‘‘(B) failing to stop at the command of an offi20 cer or employee of the United States charged with

21 enforcing the immigration, customs, or other laws of

22 the United States along any border of the United

23 States; or

24 ‘‘(2) an intentional violation of arrival, report25 ing, entry, or clearance requirements, as set forth in
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1 section 107 of the Federal Plant Pest Act (7 U.S.C.

2 150ff), section 10 of the Act of August 20, 1912

3 (commonly known as the ‘Plant Quarantine Act’ (7

4 U.S.C. 164a)), section 7 of the Federal Noxious

5 Weed Act of 1974 (7 U.S.C. 2807), section 431,

6 433, 434, or 459 of the Tariff Act of 1930 (19

7 U.S.C. 1431, 1433, 1434, and 1459), section 10 of

8 the Act of August 30, 1890 (26 Stat. 417; chapter

9 839 (21 U.S.C. 105), section 2 of the Act of Feb10 ruary 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C.

11 111), section 4197 of the Revised Statutes (46

12 U.S.C. App. 91), or sections 231, 232, and 234

13 through 238 of the Immigration and Nationality Act

14 (8 U.S.C. 1221, 1222, and 1224 through 1228)

15 shall be—

16 ‘‘(A) fined under this title, imprisoned not

17 more than 5 years, or both;

18 ‘‘(B) if bodily injury (as defined in section

19 1365(g)) results, fined under this title, impris20 oned not more than 10 years, or both; or

21 ‘‘(C) if death results, fined under this title,

22 imprisoned for any term of years or for life, or

23 both, and may be sentenced to death.

24 ‘‘(b) CONSPIRACY.—If 2 or more persons conspire to

25 commit an offense under subsection (a), and 1 or more
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1 of those persons do any act to effect the object of the con2 spiracy, each shall be punishable as a principal, except

3 that a sentence of death may not be imposed.’’.

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 The analysis for chapter 27 of title 18, United States

6 Code, is amended by adding at the end the following:

‘‘554. Violence while eluding inspection or during violation of arrival, reporting,

entry, or clearance requirements.’’.

7 (c) RECKLESS ENDANGERMENT.—Section 111 of

8 title 18, United States Code, is amended—

9 (1) by redesignating subsection (b) as sub10 section (c); and

11 (2) by inserting after subsection (a) the follow12 ing:

13 ‘‘(b) RECKLESS ENDANGERMENT.—Whoever—

14 ‘‘(1) knowingly disregards or disobeys the law15 ful authority or command of any officer or employee

16 of the United States charged with enforcing the im17 migration, customs, or other laws of the United

18 States along any border of the United States while

19 engaged in, or on account of, the performance of of20 ficial duties of that officer or employee; and

21 ‘‘(2) as a result of disregarding or disobeying

22 an authority or command referred to in paragraph

23 (1), endangers the safety of any person or property,
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1 shall be fined under this title, imprisoned not more than

2 6 months, or both.’’.

3 Subtitle B—Strengthening Mari4 time Law Enforcement Along

5 United States Borders

6 SEC. 9101. SANCTIONS FOR FAILURE TO HEAVE TO, OB7 STRUCTING A LAWFUL BOARDING, AND PRO8 VIDING FALSE INFORMATION.

9 (a) IN GENERAL.—Chapter 109 of title 18, United

10 States Code, is amended by adding at the end the follow11 ing:

12 ‘‘§ 2237. Sanctions for failure to heave to; sanctions

13 for obstruction of boarding or providing

14 false information

15 ‘‘(a) DEFINITIONS.—In this section:

16 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.—

17 The term ‘Federal law enforcement officer’ has the

18 meaning given that term in section 115(c).

19 ‘‘(2) HEAVE TO.—The term ‘heave to’ means,

20 with respect to a vessel, to cause that vessel to slow

21 or come to a stop to facilitate a law enforcement

22 boarding by adjusting the course and speed of the

23 vessel to account for the weather conditions and the

24 sea state.
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1 ‘‘(3) VESSEL OF THE UNITED STATES; VESSEL

2 SUBJECT TO THE JURISDICTION OF THE UNITED

3 STATES.—The terms ‘vessel of the United States’

4 and ‘vessel subject to the jurisdiction of the United

5 States’ have the meanings given those terms in sec6 tion 3 of the Maritime Drug Law Enforcement Act

7 (46 U.S.C. App. 1903).

8 ‘‘(b) FAILURE TO OBEY AN ORDER TO HEAVE TO.—

9 ‘‘(1) IN GENERAL.—It shall be unlawful for the

10 master, operator, or person in charge of a vessel of

11 the United States or a vessel subject to the jurisdic12 tion of the United States, to fail to obey an order

13 to heave to that vessel on being ordered to do so by

14 an authorized Federal law enforcement officer.

15 ‘‘(2) IMPEDING BOARDING; PROVIDING FALSE

16 INFORMATION IN CONNECTION WITH A BOARDING.—

17 It shall be unlawful for any person on board a vessel

18 of the United States or a vessel subject to the juris19 diction of the United States knowingly or willfully

20 to—

21 ‘‘(A) fail to comply with an order of an au22 thorized Federal law enforcement officer in con23 nection with the boarding of the vessel;
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1 ‘‘(B) impede or obstruct a boarding or ar2 rest, or other law enforcement action authorized

3 by any Federal law; or

4 ‘‘(C) provide false information to a Federal

5 law enforcement officer during a boarding of a

6 vessel regarding the destination, origin, owner7 ship, registration, nationality, cargo, or crew of

8 the vessel.

9 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this

10 section may be construed to limit the authority granted

11 before the date of enactment of the Safe Schools, Safe

12 Streets, and Secure Borders Act of 1999 to—

13 ‘‘(1) a customs officer under section 581 of the

14 Tariff Act of 1930 (19 U.S.C. 1581) or any other

15 provision of law enforced or administered by the

16 United States Customs Service; or

17 ‘‘(2) any Federal law enforcement officer under

18 any Federal law to order a vessel to heave to.

19 ‘‘(d) CONSENT OR WAIVER OF OBJECTION BY A FOR20 EIGN COUNTRY.—

21 ‘‘(1) IN GENERAL.—A foreign country may con22 sent to or waive objection to the enforcement of

23 United States law by the United States under this

24 section by international agreement or, on a case-by-
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1 case basis, by radio, telephone, or similar oral or

2 electronic means.

3 ‘‘(2) PROOF OF CONSENT OR WAIVER.—The

4 Secretary of State or a designee of the Secretary of

5 State may prove a consent or waiver described in

6 paragraph (1) by certification.

7 ‘‘(e) PENALTIES.—Any person who intentionally vio8 lates any provision of this section shall be fined under this

9 title, imprisoned not more than 5 years, or both.

10 ‘‘(f) SEIZURE OF VESSELS.—

11 ‘‘(1) IN GENERAL.—A vessel that is used in vio12 lation of this section may be seized and forfeited.

13 ‘‘(2) APPLICABILITY OF LAWS.—

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (C), the laws described in subparagraph

16 (B) shall apply to seizures and forfeitures un17 dertaken, or alleged to have been undertaken,

18 under any provision of this section.

19 ‘‘(B) LAWS DESCRIBED.—The laws de20 scribed in this subparagraph are the laws relat21 ing to the seizure, summary, judicial forfeiture,

22 and condemnation of property for violation of

23 the customs laws, the disposition of the prop24 erty or the proceeds from the sale thereof, the
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1 remission or mitigation of the forfeitures, and

2 the compromise of claims.

3 ‘‘(C) EXECUTION OF DUTIES BY OFFICERS

4 AND AGENTS.—Any duty that is imposed upon

5 a customs officer or any other person with re6 spect to the seizure and forfeiture of property

7 under the customs laws shall be performed with

8 respect to a seizure or forfeiture of property

9 under this section by the officer, agent, or other

10 person that is authorized or designated for that

11 purpose.

12 ‘‘(3) IN REM LIABILITY.—A vessel that is used

13 in violation of this section shall, in addition to any

14 other liability prescribed under this subsection, be

15 liable in rem for any fine or civil penalty imposed

16 under this section.’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENT.—

18 The analysis for chapter 109 of title 18, United States

19 Code, is amended by adding at the end the following:

‘‘2237. Sanctions for failure to heave to; sanctions for obstruction of boarding

or providing false information.’’.

20 SEC. 9102. CIVIL PENALTIES TO SUPPORT MARITIME LAW

21 ENFORCEMENT.

22 (a) IN GENERAL.—Chapter 17 of title 14, United

23 States Code, is amended by adding at the end the follow24 ing:
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1 ‘‘§ 675. Civil penalty for failure to comply with a law2 ful boarding, obstruction of boarding, or

3 providing false information

4 ‘‘(a) IN GENERAL.—Any person who violates section

5 2237(b) of title 18 shall be liable for a civil penalty of

6 not more than $25,000.

7 ‘‘(b) IN REM LIABILITY.—In addition to being sub8 ject to the liability under subsection (a), a vessel used to

9 violate an order relating to the boarding of a vessel issued

10 under the authority of section 2237 of title 18 shall be

11 liable in rem and may be seized, forfeited, and sold in ac12 cordance with section 594 of the Tariff Act of 1930 (19

13 U.S.C. 1594).’’.

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—

15 The analysis for chapter 17 of title 14, United States

16 Code, is amended by adding at the end the following:

‘‘675. Civil penalty for failure to comply with a lawful boarding, obstruction of

boarding, or providing false information.’’.

17 SEC. 9103. CUSTOMS ORDERS.

18 Section 581 of the Tariff Act of 1930 (19 U.S.C.

19 1581) is amended by adding at the end the following:

20 ‘‘(i) AUTHORIZED PLACE DEFINED.—In this section,

21 the term ‘authorized place’ includes, with respect to a ves22 sel or vehicle, a location in a foreign country at which

23 United States customs officers are permitted to conduct

24 inspections, examinations, or searches.’’.
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1 Subtitle C—Smuggling of Contra2 band and Other Illegal Products

3 SEC. 9201. SMUGGLING CONTRABAND AND OTHER GOODS

4 FROM THE UNITED STATES.

5 (a) IN GENERAL.—

6 (1) SMUGGLING GOODS FROM THE UNITED

7 STATES.—Chapter 27 of title 18, United States

8 Code, is amended by adding at the end the follow9 ing:

10 ‘‘§ 555. Smuggling goods from the United States

11 ‘‘(a) UNITED STATES DEFINED.—In this section, the

12 term ‘United States’ has the meaning given that term in

13 section 545.

14 ‘‘(b) PENALTIES.—Whoever—

15 ‘‘(1) fraudulently or knowingly exports or sends

16 from the United States, or attempts to export or

17 send from the United States, any merchandise, arti18 cle, or object contrary to any law of the United

19 States (including any regulation of the United

20 States); or

21 ‘‘(2) receives, conceals, buys, sells, or in any

22 manner facilitates the transportation, concealment,

23 or sale of that merchandise, article, or object, prior

24 to exportation, knowing that merchandise, article, or
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1 object to be intended for exportation contrary to any

2 law of the United States,

3 shall be fined under this title, imprisoned not more than

4 5 years, or both.’’.

5 (2) TECHNICAL AND CONFORMING AMEND6 MENT.—The analysis for chapter 27 of title 18,

7 United States Code, is amended by adding at the

8 end the following:

‘‘555. Smuggling goods from the United States.’’.

9 (b) LAUNDERING OF MONETARY INSTRUMENTS.—

10 Section 1956(c)(7)(D) of title 18, United States Code, is

11 amended by inserting ‘‘section 555 (relating to smuggling

12 goods from the United States),’’ before ‘‘section 641 (re13 lating to public money, property, or records),’’.

14 (c) MERCHANDISE EXPORTED FROM UNITED

15 STATES.—Section 596 of the Tariff Act of 1930 (19

16 U.S.C. 1595a) is amended by adding at the end the follow17 ing:

18 ‘‘(d) MERCHANDISE EXPORTED FROM THE UNITED

19 STATES.—Merchandise exported or sent from the United

20 States or attempted to be exported or sent from the

21 United States contrary to law, or the value thereof, and

22 property used to facilitate the receipt, purchase, transpor23 tation, concealment, or sale of that merchandise prior to

24 exportation shall be forfeited to the United States.’’.
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1 SEC. 9202. CONTROLLING ILLICIT LIQUOR TRAFFICKING.

2 (a) IN GENERAL.—Title 18, United States Code, is

3 amended—

4 (1) in section 546—

5 (A) by inserting ‘‘, vehicle, aircraft, con6 veyance or other mode of transportation’’ after

7 ‘‘vessel’’ each place it appears; and

8 (B) by striking ‘‘if under the laws of such

9 foreign government any penalty or forfeiture is

10 provided for violation of the laws of the United

11 States respecting the customs revenue,’’;

12 (2) by striking section 1261 and inserting the

13 following:

14 ‘‘§ 1261. Enforcement

15 ‘‘The Secretary of the Treasury shall enforce this

16 chapter and may promulgate such regulations as the Sec17 retary determines to be necessary to carry out this chap18 ter.’’;

19 (3) in section 1956(c)(7)(D), by inserting be20 fore ‘‘section 549 (relating to removing goods from

21 Customs custody)’’ the following: ‘‘section 546 (re22 lating to smuggling goods into foreign countries),’’;

23 and

24 (4) in chapter 59, by adding at the end the fol25 lowing:
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1 ‘‘§ 1266. Trafficking in contraband liquor

2 ‘‘(a) STATE DEFINED.—In this section, the term

3 ‘State’ includes a State of the United States, the District

4 of Columbia, and a commonwealth, territory, or possession

5 of the United States.

6 ‘‘(b) PROHIBITION.—It shall be unlawful for any per7 son to ship or transport or attempt to ship or transport,

8 or introduce or attempt to introduce, more than 360 liters

9 of distilled spirits from 1 State into another State or for10 eign country, or receive or possess more than 360 liters

11 of distilled spirits that have been transported in interstate

12 or foreign commerce in violation of Federal or State law.

13 ‘‘(c) PENALTIES.—

14 ‘‘(1) IN GENERAL.—Whoever knowingly violates

15 subsection (b)—

16 ‘‘(A) in the case of a violation involving a

17 quantity of distilled spirits of 15,000 liters or

18 less, shall be fined under this title, imprisoned

19 not more than 5 years, or both; or

20 ‘‘(B) in the case of a violation involving a

21 quantity of distilled spirits of more than 15,000

22 liters, shall be fined under this title, imprisoned

23 not more than 10 years, or both.

24 ‘‘(2) SEIZURE AND FORFEITURE.—Subject to

25 paragraph (3), the Secretary of the Treasury shall
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1 seize and forfeit, in accordance with section 9703(o)

2 of title 31, any—

3 ‘‘(A) conveyance, liquor, or monetary in4 strument (that is included under the definition

5 of ‘monetary instruments’ in section 5312 of

6 title 31) involved in a violation of this section;

7 or

8 ‘‘(B) property (real or personal) that con9 stitutes or is derived from proceeds traceable to

10 a violation of this section.

11 ‘‘(3) LIMITATION.—No property shall be for12 feited under this section to the extent of the interest

13 of an owner or lien holder by reason of any act or

14 omission established by that owner or lien holder to

15 have been committed without the knowledge of that

16 owner or lien holder.

17 ‘‘(4) SEIZURE AND FORFEITURE.—

18 ‘‘(A) IN GENERAL.—In imposing sentence

19 on a person convicted of violating this section,

20 the court shall order that person to forfeit to

21 the United States any property described in

22 paragraph (2) involved in the violation.

23 ‘‘(B) APPLICABLE LAWS.—The seizure and

24 forfeiture of property referred to in subpara25 graph (A) shall be governed by subsections (b),
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1 (c), and (e) through (p) of section 413 of the

2 Comprehensive Drug Abuse Prevention and

3 Control Act of 1970 (21 U.S.C. 853).

4 ‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this

5 chapter may be construed to affect the concurrent jurisdic6 tion of a State to enact and enforce liquor laws, to provide

7 for the confiscation of liquor and other property seized for

8 violation of those laws, and to provide for penalties for

9 the violation of those laws.’’.

10 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

11 The analysis for chapter 59 of title 18, United States

12 Code, is amended—

13 (1) by striking the item relating to section 1261

14 and inserting the following:

‘‘1261. Enforcement.’’; and

15 (2) by adding at the end the following:

‘‘1266. Trafficking in contraband liquor.’’.

16 SEC. 9203. STRENGTHENING OF STATUTE PUNISHING EVA17 SION OR EMBEZZLEMENT OF CUSTOMS DU18 TIES.

19 (a) IN GENERAL.—Section 542 of title 18, United

20 States Code, is amended—

21 (1) in the section heading, by adding ‘‘theft,

22 embezzlement, or misapplication of du23 ties’’ at the end;
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1 (2) by redesignating the fourth and fifth undes2 ignated paragraphs as subsections (b) and (c), re3 spectively;

4 (3) in the third undesignated paragraph—

5 (A) by striking ‘‘Shall be fined’’ and in6 serting the following:

7 ‘‘shall be fined’’; and

8 (B) by striking ‘‘two years’’ and inserting

9 ‘‘5 years’’;

10 (4) in the second undesignated paragraph—

11 (A) by striking ‘‘Whoever is guilty’’ and in12 serting the following:

13 ‘‘(2) is guilty’’; and

14 (B) by striking ‘‘act or omission—’’ and

15 inserting ‘‘act or omission; or’’;

16 (5) in the first undesignated paragraph, by

17 striking ‘‘Whoever knowingly effects’’ and inserting

18 the following:

19 ‘‘(a) IN GENERAL.—Whoever—

20 ‘‘(1) knowingly effects’’; and

21 (6) in subsection (a), (as so designated by para22 graph (5) of this subsection) by inserting after para23 graph (2) (as so designated by paragraph (4) of this

24 subsection) the following:
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1 ‘‘(3) embezzles, steals, abstracts, purloins, will2 fully misapplies, willfully permits to be misapplied,

3 or wrongfully converts to his own use, or to the use

4 of another, moneys, funds, credits, assets, securities

5 or other property entrusted to his or her custody or

6 care, or to the custody or care of another for the

7 purpose of paying any lawful duties;’’.

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—

9 The analysis for chapter 27 of title 18, United States

10 Code, is amended by striking the item relating to section

11 542 and inserting the following:

‘‘542. Entry of goods by means of false statements, theft, embezzlement, or

misapplication of duties.’’.

12 SEC. 9204. FALSE CERTIFICATIONS RELATING TO EXPORTS.

13 (a) IN GENERAL.—Chapter 27 of title 18, United

14 States Code, is amended by adding at the end the follow15 ing:

16 ‘‘§ 556. False certifications relating to exports

17 ‘‘Whoever knowingly transmits in interstate or for18 eign commerce any false or fraudulent certificate of origin,

19 invoice, declaration, affidavit, letter, paper, or statement

20 (whether written or otherwise), that represents explicitly

21 or implicitly that goods, wares, or merchandise to be ex22 ported qualify for purposes of any international trade

23 agreement to which the United States is a signatory shall
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1 be fined under this title, imprisoned not more than 5

2 years, or both.’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

4 The analysis for chapter 27 of title 18, United States

5 Code, is amended by adding at the end the following:

‘‘556. False certifications relating to exports.’’.

6 Subtitle D—Strengthening Immi7 gration Laws To Exclude Inter8 national Criminals From the

9 United States

10 SEC. 9301. INADMISSIBILITY OF PERSONS FLEEING PROS11 ECUTION IN OTHER COUNTRIES.

12 (a) NEW GROUNDS OF INADMISSIBILITY.—Section

13 212(a)(2) of the Immigration and Nationality Act (8

14 U.S.C. 1182(a)(2)) is amended by adding at the end the

15 following:

16 ‘‘(G) UNLAWFUL FLIGHT TO AVOID PROS17 ECUTION.—Any alien who is coming to the

18 United States solely, principally, or incidentally

19 to avoid lawful prosecution in a foreign country

20 for a crime involving moral turpitude (other

21 than a purely political offense) is inadmis22 sible.’’.

23 (b) COUNTRIES TO WHICH ALIENS MAY BE RE24 MOVED.—Section 241(b) of the Immigration and Nation25 ality Act (8 U.S.C. 1231(b)) is amended—
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1 (1) in paragraph (3), by striking ‘‘paragraphs

2 (1) and (2)’’ and inserting ‘‘paragraphs (1), (2), and

3 (4)’’; and

4 (2) by adding at the end the following:

5 ‘‘(4) ALIENS SOUGHT FOR PROSECUTION.—

6 Notwithstanding paragraphs (1) and (2) of this sub7 section, any alien who is found removable under sec8 tion 212(a)(2)(G) (or section 212(a)(2)(G) as ap9 plied pursuant to section 237(a)(1)(A)), shall be re10 moved to the country seeking prosecution of that

11 alien unless, in the discretion of the Attorney Gen12 eral, the removal is determined to be impracticable,

13 inadvisable, or impossible. In that case, removal

14 shall be directed according to paragraphs (1) and

15 (2) of this subsection.’’.

16 SEC. 9302. INADMISSIBILITY OF PERSONS INVOLVED IN

17 RACKETEERING AND ARMS TRAFFICKING.

18 (a) NEW GROUNDS OF INADMISSIBILITY.—Section

19 212(a)(2) of the Immigration and Nationality Act (8

20 U.S.C. 1182(a)(2)) is amended by adding at the end the

21 following:

22 ‘‘(G) RACKETEERING ACTIVITIES.—Any

23 alien is inadmissible if the consular officer or

24 the Attorney General knows or has reason to

25 believe that the alien—
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1 ‘‘(i) is or has been engaged in activi2 ties that, if engaged in within the United

3 States, would constitute ‘pattern of rack4 eteering activity’ (as defined in section

5 1961 of title 18, United States Code) or

6 has been a knowing assister, abettor, or

7 conspirator with others in any such illicit

8 activity; or

9 ‘‘(ii) is the spouse or adult child of an

10 alien inadmissible under clause (i), has,

11 during the preceding 5-year period, ob12 tained any financial or other benefit from

13 the illicit activity of that alien, and knew

14 or reasonably should have known that the

15 financial or other benefit was the product

16 of the illicit activity.

17 ‘‘(H) TRAFFICKING IN FIREARMS OR NU18 CLEAR OR EXPLOSIVE MATERIALS.—Any alien

19 inadmissible if the consular officer or the Attor20 ney General knows or has reason to believe that

21 the alien—

22 ‘‘(i) is or has been engaged in illicit

23 trafficking of firearms (as defined in sec24 tion 921 of title 18, United States Code),

25 nuclear materials (as defined in section
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1 831 of title 18, United States Code), or ex2 plosive materials (as defined in section 841

3 of title 18, United States Code); or has

4 been a knowing assister, abettor, conspira5 tor, or colluder with others in the illicit ac6 tivity; or

7 ‘‘(ii) is the spouse or adult child of an

8 alien inadmissible under clause (i), has,

9 during the preceding 5-year period, ob10 tained any financial or other benefit from

11 the illicit activity of that alien, and knew

12 or reasonably should have known that the

13 financial or other benefit was the product

14 of the illicit activity.’’.

15 (b) WAIVER AUTHORITY.—Section 212(h) of the Im16 migration and Nationality Act (8 U.S.C. 1182) is amend17 ed, in the matter preceding paragraph (1)—

18 (1) by striking ‘‘The Attorney General’’ and all

19 that follows through ‘‘of subsection (a)(2)’’ and in20 serting the following: ‘‘The Attorney General may,

21 as a matter of discretion, waive the application of

22 subparagraphs (A)(i)(I), (B), (C)(ii), (D), (E),

23 (G)(ii), and (H)(ii) of subsection (a)(2),’’; and

24 (2) by inserting before ‘‘if—’’ the following: ‘‘,

25 and subparagraph (G)(i) of that subsection insofar
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1 as it relates to an offense other than an aggravated

2 felony’’.

3 SEC. 9303. INADMISSIBILITY OF PERSONS WHO HAVE BENE4 FITED FROM ILLICIT ACTIVITIES OF DRUG

5 TRAFFICKERS.

6 Section 212(a)(2)(C) of the Immigration and Nation7 ality Act (8 U.S.C. 1182(a)(2)(C)) is amended to read as

8 follows:

9 ‘‘(C) CONTROLLED SUBSTANCE TRAFFICK10 ERS.—Any alien is inadmissible if the consular

11 officer or the Attorney General knows or has

12 reason to believe that the alien—

13 ‘‘(i) is or has been an illicit trafficker

14 in any controlled substance or in any listed

15 chemical or listed precursor chemical (as

16 defined in section 102 of the Controlled

17 Substances Act (21 U.S.C. 802)), or is or

18 has been a knowing assister, abettor, or

19 conspirator with others in the illicit traf20 ficking in any such controlled or listed sub21 stance or chemical; or

22 ‘‘(ii) is the spouse or adult child of an

23 alien inadmissible under clause (i), has,

24 during the preceding 5-year period, ob25 tained any financial or other benefit from
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1 the illicit activity of that alien, and knew

2 or reasonably should have known that the

3 financial or other benefit was the product

4 of the illicit activity.’’.

5 SEC. 9304. INADMISSIBILITY OF PERSONS INVOLVED IN

6 INTERNATIONAL ALIEN SMUGGLING.

7 Section 212 of the Immigration and Nationality Act

8 (8 U.S.C. 1182) is amended—

9 (1) in subsection (a)(6), by striking subpara10 graph (E) and inserting the following:

11 ‘‘(E) SMUGGLERS.—Any alien is inadmis12 sible if, at any time, the alien has knowingly en13 couraged, induced, assisted, abetted, or aided

14 for financial gain or profit any other alien—

15 ‘‘(i) to enter or try to enter the

16 United States in violation of law; or

17 ‘‘(ii) to enter or try to enter any other

18 country, if that alien knew or reasonably

19 should have known that the entry or at20 tempted entry was likely to be in further21 ance of the entry or attempted entry by

22 that alien into the United States in viola23 tion of law.’’; and

24 (2) in subsection (d)(11), by inserting ‘‘or to

25 enter any other country in furtherance of an entry
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1 or attempted entry into the United States in viola2 tion of law’’ before the period at the end.

3 Subtitle E—Alien Smuggling

4 SEC. 9401. FORFEITURE FOR ALIEN SMUGGLING.

5 (a) CIVIL FORFEITURE.—Section 274(b) of the Im6 migration and Nationality Act (8 U.S.C. 1324(b)) is

7 amended—

8 (1) by striking paragraphs (1) and (2) and in9 serting the following:

10 ‘‘(1) IN GENERAL.—The following property

11 shall be subject to seizure and forfeiture:

12 ‘‘(A) Any conveyance, including any vessel,

13 vehicle, or aircraft, that has been or is being

14 used in the commission of a violation of sub15 section (a).

16 ‘‘(B) Any property, real or personal—

17 ‘‘(i) that constitutes, or is derived

18 from or is traceable to the proceeds ob19 tained directly or indirectly from the com20 mission of a violation of subsection (a); or

21 ‘‘(ii) that is used to facilitate, or is in22 tended to be used to facilitate, the commis23 sion of a violation of subsection (a).

24 ‘‘(2) Any property subject to forfeiture to the

25 United States under this section may be seized by
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1 the Attorney General in the manner set forth in sec2 tion 981(b) of title 18, United States Code.’’; and

3 (2) in paragraphs (4) and (5), by striking ‘‘a

4 conveyance’’ and ‘‘conveyance’’ each place it appears

5 and inserting ‘‘property’’.

6 (b) CRIMINAL FORFEITURE.—Section 274 of the Im7 migration and Nationality Act (8 U.S.C. 1324) is

8 amended—

9 (1) by redesignating subsections (c) and (d) as

10 subsections (e) and (f), respectively; and

11 (2) by inserting after subsection (b) the follow12 ing:

13 ‘‘(c) CRIMINAL FORFEITURE.—

14 ‘‘(1) IN GENERAL.—Any person convicted of a

15 violation of subsection (a) shall forfeit to the United

16 States, irrespective of any provision of State law—

17 ‘‘(A) any conveyance, including any vessel,

18 vehicle, or aircraft used in the commission of a

19 violation of subsection (a); and

20 ‘‘(B) any property real or personal—

21 ‘‘(i) that constitutes, or is derived

22 from or is traceable to the proceeds ob23 tained directly or indirectly from the com24 mission of a violation of subsection (a); or
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1 ‘‘(ii) that is used to facilitate, or is in2 tended to be used to facilitate, the commis3 sion of a violation of subsection (a).

4 ‘‘(2) ORDER OF FORFEITURE.—The court, in

5 imposing sentence on a person described in para6 graph (1), shall order that the person forfeit to the

7 United States all property described in this sub8 section.

9 ‘‘(3) APPLICABLE LAW.—The criminal forfeit10 ure of property under this subsection, including any

11 seizure and disposition of the property and any re12 lated administrative or judicial proceeding, shall be

13 governed by the provisions of section 413 of the

14 Comprehensive Drug Abuse Prevention and Control

15 Act of 1970 (21 U.S.C. 853), except for subsection

16 413(d) which shall not apply to forfeitures under

17 this subsection.’’.

18 Subtitle F—Trafficking in

19 Chemicals Used To Produce Drugs

20 SEC. 9501. IMPORT AND EXPORT OF CHEMICALS USED TO

21 PRODUCE ILLICIT DRUGS.

22 (a) NOTIFICATION PRIOR TO TRANSACTION.—Sec23 tion 1018 of the Controlled Substances Import and Export

24 Act (21 U.S.C. 971) is amended—
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1 (1) by striking subsection (a) and inserting the

2 following:

3 ‘‘(a) NOTIFICATION PRIOR TO TRANSACTION.—Each

4 person who proposes to engage in a transaction involving

5 the importation or exportation of a listed chemical that

6 requires advance notification pursuant to the regulations

7 of the Attorney General or the importation or exportation

8 of a tableting machine, or an encapsulating machine shall

9 notify the Attorney General of the importation or expor10 tation not later than 15 days before the transaction is to

11 take place in such form and supplying such information

12 as the Attorney General shall require by regulation. In the

13 case of an importation for transfer or transshipment pur14 suant to section 1004, such notice shall be made as pro15 vided in that section.’’;

16 (2) in subsection (c)(1)—

17 (A) by striking ‘‘(other than a regulated

18 transaction to which the requirement of sub19 section (a) does not apply by reason of sub20 section (b))’’;

21 (B) by inserting ‘‘, a tableting machine, or

22 an encapsulating machine’’ after ‘‘a listed

23 chemical’’; and
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1 (C) by inserting ‘‘, tableting machine, or

2 encapsulating machine’’ after ‘‘the chemical’’;

3 and

4 (3) in subsection (e)—

5 (A) by redesignating paragraphs (2) and

6 (3) as paragraphs (4) and (5), respectively; and

7 (B) by inserting after paragraph (1) the

8 following:

9 ‘‘(2) The Attorney General may by regulation

10 require that the 15-day notification requirement of

11 subsection (a) apply to all imports of a listed chemi12 cal, regardless of the status of certain importers of

13 that listed chemical as regular importers, if the At14 torney General finds that such notification is nec15 essary to support effective chemical diversion control

16 programs or is required by treaty or other inter17 national agreement to which the United States is a

18 party.

19 ‘‘(3) The Attorney General may require that

20 the notification requirement of subsection (a) for

21 certain importations or exportations, including those

22 subject to section 1004, include additional informa23 tion to enable a determination to be made that the

24 listed chemical being imported or exported will be

25 used for a legitimate purpose or at the time the in-
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1 formation is needed to satisfy requirements of the

2 importing or exporting country. The Attorney Gen3 eral shall provide notice of these additional require4 ments specifically identifying the listed chemicals

5 and countries involved.’’.

6 (b) SHIPMENT OF CONTROLLED SUBSTANCES.—Sec7 tion 1004 of the Controlled Substances Import and Export

8 Act (21 U.S.C. 954) is amended to read as follows:

9 ‘‘SEC. 1004. TRANSSHIPMENT AND IN-TRANSIT SHIPMENT

10 OF CONTROLLED SUBSTANCES.

11 ‘‘(a) IN GENERAL.—Notwithstanding sections 952,

12 953, 957, and 971, and subject to this section—

13 ‘‘(1) a controlled substance in schedule I may

14 be imported into the United States for trans15 shipment to another country or for transference or

16 transshipment from 1 vessel, vehicle, or aircraft to

17 another vessel, vehicle, or aircraft within the United

18 States for immediate exportation, only if—

19 ‘‘(A) evidence is furnished that enables the

20 Attorney General to determine that the sub21 stance being so imported, transferred, or trans22 shipped will be used for scientific, medical, or

23 other legitimate purposes in the country of des24 tination; and
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1 ‘‘(B) the substance is imported, trans2 ferred, or transshipped with the prior written

3 approval of the Attorney General (which shall

4 be granted or denied not later than 21 days

5 after the date on which the request is made)

6 based on a determination that the requirements

7 of this section and the applicable subsections of

8 sections 952 and 953 have been satisfied; and

9 ‘‘(2) a controlled substance in schedule II, III,

10 or IV or a listed chemical may be imported, trans11 ferred, or transshipped only if—

12 ‘‘(A) evidence is furnished that enables the

13 Attorney General to determine that the sub14 stance or chemical being imported, transferred,

15 or transshipped will be used for scientific, medi16 cal, or other legitimate purposes in the country

17 of destination; and

18 ‘‘(B) advance notification (in such form

19 and containing such information as the Attor20 ney General may require by regulation) is given

21 to the Attorney General not later than 15 days

22 prior to the exportation of the substance or

23 chemical from the foreign port of embarkation

24 (the notification period for imports other than

25 for transfer or transshipment pursuant to sec-
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1 tion 1002 or 1018 is not affected by this sub2 section).

3 ‘‘(b) APPLICABILITY OF OTHER LAW.—

4 ‘‘(1) SECTIONS 1002 AND 1003.—Any importa5 tion, transfer, or transshipment described in sub6 section (a) of a controlled substance shall be subject

7 to the applicable provisions of sections 1002 and

8 1003. The importation, transfer, transshipment, or

9 exportation of any controlled substance may be sus10 pended on the ground that the controlled substance

11 may be diverted to other than scientific, medical or

12 other legitimate purposes.

13 ‘‘(2) SECTION 1018.—Any importation, transfer,

14 or transshipment described in subsection (a) of a

15 listed chemical shall be subject to all the require16 ments of section 1018, except that in no case shall

17 the 15 day advance notification requirement be

18 waived. The importation, transfer, transshipment, or

19 exportation of a listed chemical may be suspended

20 on the ground that the chemical may be diverted to

21 the clandestine manufacture of a controlled sub22 stance.

23 ‘‘(3) SUSPENSION.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the importation, transfer, or trans-
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1 shipment of a controlled substance or listed

2 chemical may be suspended if any requirement

3 of subsection (a) is not satisfied.

4 ‘‘(B) WITHDRAWAL.—The Attorney Gen5 eral may withdraw a suspension order issued

6 under this paragraph if—

7 ‘‘(i) the requirements of subsection (a)

8 are ultimately satisfied; and

9 ‘‘(ii) no grounds exist under para10 graphs (1) or (2) of this subsection to sus11 pend the shipment.

12 ‘‘(c) SUSPENSION OF EXPORTATION.—The suspen13 sion of any exportation of a controlled substance or listed

14 chemical shall be subject to the procedures and require15 ments established in section 1018(c).

16 ‘‘(d) PLACING UNDER SEAL.—

17 ‘‘(1) IN GENERAL.—The Attorney General may

18 place under seal any shipment of a controlled sub19 stance or listed chemical that—

20 ‘‘(A) has been imported or is subject to the

21 jurisdiction of the United States; and

22 ‘‘(B) is subject to a suspension order sus23 pending the importation, transfer, trans24 shipment, or exportation of the controlled sub25 stance or listed chemical.
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1 ‘‘(2) PROHIBITION ON DISPOSITION.—No dis2 position may be made of any controlled substance or

3 listed chemical under seal subject to paragraph (1)

4 until the suspension order becomes final.

5 ‘‘(3) ORDER OF SALE.—Notwithstanding para6 graphs (1) and (2), a court, upon application, may

7 at any time order the sale of a perishable controlled

8 substance or listed chemical. Any such order shall

9 require the deposit of the proceeds of the sale with

10 the court.

11 ‘‘(4) DISPOSAL.—Upon a suspension order be12 coming final under this subsection, the shipment, at

13 the discretion of the Attorney General and subject to

14 such conditions as the Attorney General may im15 pose, may be disposed of as follows:

16 ‘‘(A) The titleholder may be allowed to re17 turn the shipment to any of the facilities of the

18 original exporter in the country of exportation.

19 ‘‘(B) The shipment may be exported, sub20 ject to the requirements of section 1003 or

21 1018, as appropriate, to a new consignee.

22 ‘‘(5) SURRENDER.—The shipment may be sur23 rendered to the Attorney General for appropriate

24 disposition and all costs associated with this disposi25 tion shall be the responsibility of the titleholder. If
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1 there are any proceeds from the disposition, the pro2 ceeds shall be applied to the repayment of the costs

3 and any excess proceeds shall be returned to the ti4 tleholder.

5 ‘‘(6) FORFEITURE.—If sufficient cause exists,

6 the shipment of controlled substances or listed

7 chemicals (or proceeds of sale deposited in court)

8 may be forfeited to the United States pursuant to

9 section 511 of title II and may be disposed of in ac10 cordance with that section.

11 ‘‘(e) EFFECT ON OTHER LAW.—Nothing in this sec12 tion may be used by any party to defend against a forfeit13 ure action against a shipment of controlled substances or

14 listed chemicals initiated by the United States or by any

15 State. This section does not affect the liability of any party

16 for storage and transportation costs incurred by the Gov17 ernment as a result of the suspension of a shipment.’’.

18 (c) PENALTIES.—Section 1010(d) of the Controlled

19 Substances Import and Export Act (21 U.S.C. 960(d)) is

20 amended—

21 (1) by redesignating paragraphs (5) through

22 (7) as paragraphs (6) through (8), respectively;

23 (2) in paragraph (6), as redesignated, by strik24 ing ‘‘1018(e) (2) or (3)’’ and inserting ‘‘1018(e)(4)

25 or (5)’’;
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1 (3) in paragraph (7), as redesignated, by insert2 ing ‘‘or violates section 1004,’’ after ‘‘1007 or 1018

3 of this title’’; and

4 (4) by inserting after paragraph (4) the follow5 ing:

6 ‘‘(5) imports or exports a listed chemical, with

7 the intent to evade the reporting or recordkeeping

8 requirements of section 1018 applicable to such im9 portation or exportation by—

10 ‘‘(A) falsely representing to the Attorney

11 General that the importation or exportation is

12 not subject to the 15-day advance notification

13 required by section 1018(a) or to any reporting

14 requirements established by the Attorney Gen15 eral pursuant to paragraph (1), (2), or (3) of

16 section 1018(e); or

17 ‘‘(B) misrepresenting the actual country of

18 final destination of the listed chemical, or the

19 actual listed chemical being imported or ex20 ported;’’.

21 (d) INJUNCTIONS.—Section 1011 of the Controlled

22 Substances Import and Export Act (21 U.S.C. 961) is

23 amended to read as follows:
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1 ‘‘SEC. 1011. INJUNCTIONS.

2 ‘‘In addition to any other applicable penalty, any per3 son convicted of a felony violation of this title or title II

4 relating to the receipt, distribution, manufacture, importa5 tion or exportation of a listed chemical may be enjoined

6 from engaging in any transaction involving a listed chemi7 cal for not more than 10 years.’’.

8 Subtitle G—Arms Trafficking

9 SEC. 9601. ENHANCED TOOLS TO INVESTIGATE ILLICIT

10 ARMS TRAFFICKING.

11 Section 40(h) of the Arms Export Control Act (22

12 U.S.C. 2780(h)) is amended to read as follows:

13 ‘‘(h) EXEMPTIONS FOR TRANSACTIONS SUBJECT TO

14 NATIONAL SECURITY ACT REPORTING REQUIREMENTS

15 OR ARISING OUT OF A CRIMINAL INVESTIGATION.—The

16 prohibitions contained in this section do not apply with

17 respect to any transaction—

18 ‘‘(1) subject to reporting requirements under

19 title V of the National Security Act of 1947 (50

20 U.S.C. 413 et seq.); or

21 ‘‘(2) arising out of an investigation by a Fed22 eral law enforcement agency concerning possible

23 criminal violations of United States law.’’.

Æ