II

106TH CONGRESS

1ST SESSION S. 899

To reduce crime and protect the public in the 21st Century by strengthening

Federal assistance to State and local law enforcement, combating illegal

drugs and preventing drug use, attacking the criminal use of guns,

promoting accountability and rehabilitation of juvenile criminals, protecting the rights of victims in the criminal justice system, and improving

criminal justice rules and procedures, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 28, 1999

Mr. HATCH (for himself, Mr. THURMOND, Mr. SPECTER, Mr. DEWINE, Mr.

ASHCROFT, Mr. ABRAHAM, Mr. SESSIONS, and Mr. GRAMS) introduced

the following bill; which was read twice and referred to the Committee

on the Judiciary

A BILL

To reduce crime and protect the public in the 21st Century

by strengthening Federal assistance to State and local

law enforcement, combating illegal drugs and preventing

drug use, attacking the criminal use of guns, promoting

accountability and rehabilitation of juvenile criminals,

protecting the rights of victims in the criminal justice

system, and improving criminal justice rules and procedures, 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,
2

•S 899 IS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) IN GENERAL.—This Act may be cited as the

3 ‘‘21st Century Justice Act of 1999’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Severability.

TITLE I—NEW MILLENNIUM LAW ENFORCEMENT ASSISTANCE

Sec. 1001. Short title.

Subtitle A—Local Law Enforcement Block Grants

Sec. 1101. Short title; definitions.

Sec. 1102. Payments to local governments.

Sec. 1103. Authorization of appropriations.

Sec. 1104. Qualification for payment.

Sec. 1105. Allocation and distribution of funds.

Sec. 1106. Utilization of private sector.

Sec. 1107. Public participation.

Sec. 1108. Administrative provisions.

Subtitle B—New Millennium Public Safety And Policing Grants

Sec. 1201. Authority to make public safety and policing grants.

Sec. 1202. Applications for grants.

Sec. 1203. Renewal of grants.

Sec. 1204. Limitation on use of funds.

Sec. 1205. Authorization of appropriations.

Sec. 1206. Clerical amendments.

Subtitle C—Crime Identification Technology Act Improvements

Sec. 1301. Findings.

Sec. 1302. Crime Identification Technology Act improvements.

Sec. 1303. Violent offender DNA identification.

Subtitle D—Protection of State and Local Police and Corrections Officers

CHAPTER 1—STATE CORRECTIONAL OFFICERS AND OTHER STATE

OFFICIALS

Sec. 1401. Killing persons aiding Federal investigations or State correctional

officers.

CHAPTER 2—ACCESS TO BODY ARMOR; DONATIONS OF BODY ARMOR

Sec. 1411. Short title.

Sec. 1412. Findings.

Sec. 1413. Definitions.

Sec. 1414. Amendment of sentencing guidelines with respect to body armor.
3

•S 899 IS

Sec. 1415. Donation of Federal surplus body armor to State and local law enforcement agencies.

CHAPTER 3—GRANT PROGRAMS FOR PURCHASE OF BODY ARMOR AND

VIDEO CAMERAS

Sec. 1421. Findings; purpose.

Sec. 1422. Matching grant programs for law enforcement bullet resistant equipment and for video cameras.

Sec. 1423. Sense of Congress.

Sec. 1424. Technology development.

Sec. 1425. Matching grant program for law enforcement armor vests.

CHAPTER 4—MISCELLANEOUS

Sec. 1431. Inclusion of railroad police officers in FBI law enforcement training.

TITLE II—COMBATTING DRUGS AND CRIME

Subtitle A—New Millennium Drug Free Act

Sec. 2001. Short title.

CHAPTER 1—INTERNATIONAL SUPPLY REDUCTION

SUBCHAPTER A—INTERNATIONAL CRIME

PART I—INTERNATIONAL CRIME CONTROL

Sec. 2011. Short title.

Sec. 2012. Felony punishment for violence committed along the United States

border.

PART II—STRENGTHENING MARITIME LAW ENFORCEMENT ALONG UNITED

STATES BORDERS

Sec. 2021. Sanctions for failure to heave to, obstructing a lawful boarding, and

providing false information.

Sec. 2022. Civil penalties to support maritime law enforcement.

Sec. 2023. Customs orders.

PART III—SMUGGLING OF CONTRABAND AND OTHER ILLEGAL PRODUCTS

Sec. 2031. Smuggling contraband and other goods from the United States.

Sec. 2032. Customs duties.

Sec. 2033. False certifications relating to exports.

PART IV—DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

Sec. 2041. Extradition for offenses not covered by a list treaty.

Sec. 2042. Extradition absent a treaty.

Sec. 2043. Technical and conforming amendments.

Sec. 2044. Temporary transfer of persons in custody for prosecution.

Sec. 2045. Prohibiting fugitives from benefiting from fugitive status.

Sec. 2046. Transfer of foreign prisoners to serve sentences in country of origin.

Sec. 2047. Transit of fugitives for prosecution in foreign countries.

PART V—SEIZING AND FORFEITING ASSETS OF INTERNATIONAL CRIMINALS

Sec. 2051. Criminal penalties for violations of anti-money laundering orders.
4

•S 899 IS

Sec. 2052. Cracking down on illegal money transmitting businesses.

Sec. 2053. Expansion of civil money laundering laws to reach foreign persons.

Sec. 2054. Punishment of money laundering through foreign banks.

Sec. 2055. Authority to order convicted criminals to return property located

abroad.

Sec. 2056. Exempting financial enforcement data from unnecessary disclosure.

Sec. 2057. Criminal and civil penalties under the International Emergency Economic Powers Act.

Sec. 2058. Attempted violations of the Trading with the enemy Act.

Sec. 2059. Jurisdiction over certain financial crimes committed abroad.

PART VI—PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST

INTERNATIONAL CRIME

Sec. 2071. Streamlined procedures for execution of MLAT requests.

Sec. 2072. Temporary transfer of incarcerated witnesses.

Sec. 2073. Training of foreign law enforcement agencies.

Sec. 2074. Discretionary authority to use forfeiture proceeds.

SUBCHAPTER B—INTERNATIONAL DRUG CONTROL

Sec. 2101. Annual country plans for drug-transit and drug producing countries.

Sec. 2102. Prohibition on use of funds for counternarcotics activities and assistance.

Sec. 2103. Sense of Congress regarding Colombia.

Sec. 2104. Sense of Congress regarding Mexico.

Sec. 2105. Sense of Congress regarding Iran.

Sec. 2106. Sense of Congress regarding Syria.

Sec. 2107. Brazil.

Sec. 2108. Jamaica.

Sec. 2109. Sense of Congress regarding North Korea.

SUBCHAPTER C—FOREIGN MILITARY COUNTER-DRUG SUPPORT

Sec. 2121. Reports and analysis.

SUBCHAPTER D—ADDITIONAL FUNDING FOR SOURCE AND INTERDICTION

ZONE COUNTRIES

Sec. 2131. Source zone countries.

Sec. 2132. Central America.

CHAPTER 2—DOMESTIC LAW ENFORCEMENT

SUBCHAPTER A—CRIMINAL OFFENDERS

Sec. 2201. Drug offenses committed in the presence of children.

Sec. 2202. Border defense.

Sec. 2203. Clone pagers.

SUBCHAPTER B—POWDER COCAINE MANDATORY MINIMUM SENTENCING

Sec. 2211. Sentencing for violations involving cocaine powder.

SUBCHAPTER C—DRUG-FREE BORDERS

Sec. 2221. Increased number of border patrol agents.

Sec. 2222. Enhanced border patrol pursuit policy.

CHAPTER 3—DEMAND REDUCTION
5

•S 899 IS

SUBCHAPTER A—EDUCATION, PREVENTION, AND TREATMENT

Sec. 2251. Sense of Congress on reauthorization of Safe and Drug-Free

Schools and Communities Act of 1994.

Sec. 2252. Sense of Congress regarding reauthorization of prevention and

treatment programs.

Sec. 2253. Report on drug-testing technologies.

Sec. 2254. Use of National Institutes of Health substance abuse research.

Sec. 2255. Needle exchange.

Sec. 2256. Drug-free teen drivers incentive.

Sec. 2257. Drug-free schools.

Sec. 2258. Victim and witness assistance programs for teachers and students.

Sec. 2259. Innovative programs to protect teachers and students.

SUBCHAPTER B—DRUG-FREE FAMILIES

Sec. 2271. Short title.

Sec. 2272. Findings.

Sec. 2273. Purposes.

Sec. 2274. Definitions.

Sec. 2275. Establishment of drug-free families support program.

Sec. 2276. Authorization of appropriations.

CHAPTER 4—FUNDING FOR UNITED STATES COUNTER-DRUG ENFORCEMENT

AGENCIES

SUBCHAPTER A—BORDER ACTIVITIES

Sec. 2301. Authorization of appropriations.

Sec. 2302. Cargo inspection and narcotics detection equipment.

Sec. 2303. Peak hours and investigative resource enhancement.

Sec. 2304. Air and marine operation and maintenance funding.

Sec. 2305. Compliance with performance plan requirements.

Sec. 2306. Commissioner of Customs salary.

Sec. 2307. Passenger preclearance services.

SUBCHAPTER B—UNITED STATES COAST GUARD

Sec. 2311. Additional funding for operation and maintenance.

SUBCHAPTER C—DRUG ENFORCEMENT ADMINISTRATION

Sec. 2321. Additional funding for counternarcotics and information support operations.

SUBCHAPTER D—DEPARTMENT OF THE TREASURY

Sec. 2331. Additional funding for counter-drug information support.

SUBCHAPTER E—DEPARTMENT OF DEFENSE

Sec. 2341. Additional funding for expansion of counternarcotics activities.

Sec. 2342. Forward military base for counternarcotics matters.

Sec. 2343. Expansion of radar coverage and operation in source and transit

countries.

Sec. 2344. Sense of Congress regarding funding under Western Hemisphere

Drug Elimination Act.

Sec. 2345. Sense of Congress regarding priority of drug interdiction and

counterdrug activities of the Department of Defense.
6

•S 899 IS

CHAPTER 5—FAITH-BASED SUBSTANCE ABUSE TREATMENT

Sec. 2350. Short title.

Sec. 2351. Prevention and treatment of substance abuse; services provided

through religious organizations.

CHAPTER 6—METHAMPHETAMINE LABORATORIES

Sec. 2361. Short title.

Sec. 2362. Enhanced punishment of methamphetamine laboratory operators.

Sec. 2363. Increased resources for law enforcement.

Sec. 2364. Methamphetamine paraphernalia.

Sec. 2365. Mandatory restitution.

Sec. 2366. Sense of Congress regarding methamphetamine laboratory cleanup.

CHAPTER 7—DOCTOR PRESCRIPTIONS OF SCHEDULE I SUBSTANCES

Sec. 2371. Restrictions on doctors prescribing schedule I substances.

Subtitle B—Drug Treatment

Sec. 2401. Coordinated juvenile services grants.

Sec. 2402. Jail-based substance abuse treatment programs.

Sec. 2403. Juvenile substance abuse courts.

Subtitle C—Gangs and Domestic Terrorism

CHAPTER 1—JUVENILE GANGS

Sec. 2501. Solicitation or recruitment of persons in criminal street gang activity.

Sec. 2502. Increased penalties for using minors to distribute drugs.

Sec. 2503. Penalties for use of minors in crimes of violence.

Sec. 2504. High intensity interstate gang activity areas.

Sec. 2505. Increased penalty for use of physical force to tamper with witnesses,

victims, or informants.

CHAPTER 2—TRAVEL ACT AMENDMENT

Sec. 2511. Interstate and foreign travel or transportation in aid of criminal

gangs.

CHAPTER 3—DISTRIBUTION OF INFORMATION ON DESTRUCTIVE DEVICES

Sec. 2521. Criminal prohibition on distribution of certain information relating

to explosives, destructive devices, and weapons of mass destruction.

CHAPTER 4—ANIMAL ENTERPRISE TERRORISM AND ECOTERRORISM

Sec. 2531. Enhancement of penalties for animal enterprise terrorism.

Sec. 2532. National animal terrorism and ecoterrorism incident clearinghouse.

Subtitle D—High Intensity Drug Trafficking Areas

Sec. 2601. Findings; purpose.

Sec. 2602. Designation of Northern Border as high intensity drug trafficking

area.

Sec. 2603. Authorization of appropriations.
7

•S 899 IS

TITLE III—CRIMINAL USE OF FIREARMS BY FELONS

Subtitle A—Criminal Use of Firearms by Felons

Sec. 3001. Short title.

Sec. 3002. Criminal use of firearms by felons program.

Sec. 3003. Annual reports.

Sec. 3004. Authorization of appropriations.

Subtitle B—Apprehension and Treatment of Armed Violent Criminals

Sec. 3101. Apprehension and procedural treatment of armed violent criminals.

TITLE IV—JUVENILE CRIME CONTROL AND DELINQUENCY

PREVENTION

Subtitle A—Juvenile Justice Reform

Sec. 4101. Repeal of general provision.

Sec. 4102. Treatment of Federal juvenile offenders.

Sec. 4103. Definitions.

Sec. 4104. Notification after arrest.

Sec. 4105. Release and detention prior to disposition.

Sec. 4106. Speedy trial.

Sec. 4107. Dispositional hearings.

Sec. 4108. Use of juvenile records.

Sec. 4109. Implementation of a sentence for juvenile offenders.

Sec. 4110. Magistrate judge authority regarding juvenile defendants.

Sec. 4111. Federal sentencing guidelines.

Sec. 4112. Study and report on Indian tribal jurisdiction.

Subtitle B—Juvenile Crime Control, Accountability, and Delinquency

Prevention

CHAPTER 1—REFORM OF THE JUVENILE JUSTICE AND DELINQUENCY

PREVENTION ACT OF 1974

Sec. 4201. Findings; declaration of purpose; definitions.

Sec. 4202. Juvenile crime control and prevention.

Sec. 4203. Runaway and homeless youth.

Sec. 4204. National Center for Missing and Exploited Children.

Sec. 4205. Transfer of functions and savings provisions.

CHAPTER 2—ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC

PROTECTION INCENTIVE GRANTS

Sec. 4221. Block grant program.

Sec. 4222. Pilot program to promote replication of recent successful juvenile

crime reduction strategies.

Sec. 4223. Repeal of unnecessary and duplicative programs.

Sec. 4224. Extension of Violent Crime Reduction Trust Fund.

Sec. 4225. Reimbursement of States for costs of incarcerating juvenile aliens.

Sec. 4226. Sense of Congress.

CHAPTER 3—ALTERNATIVE EDUCATION AND DELINQUENCY PREVENTION

Sec. 4231. Alternative education.
8

•S 899 IS

Subtitle C—General Provisions

Sec. 4301. Prohibition on firearms possession by violent juvenile offenders.

Sec. 4302. Protecting juveniles from alcohol abuse.

TITLE V—PROTECTING VICTIMS OF CRIME

Subtitle A—Victims Rights

Sec. 5001. Short title.

CHAPTER 1—GENERAL REFORMS

Sec. 5101. Victim allocution in pretrial detention proceedings.

Sec. 5102. Victim defined.

Sec. 5103. Right of victim to speedy trial.

Sec. 5104. Right of victim to just sentence.

Sec. 5105. Right of victim to notice of release or escape.

Sec. 5106. Rights of victims in plea agreements.

Sec. 5107. Right of victim to participate in sentence adjustment hearings.

Sec. 5108. Enhanced right to be present at trial.

Sec. 5109. Pilot programs to establish ombudsman programs for crime victims.

Sec. 5110. Amendments to Victims of Crime Act of 1984.

CHAPTER 2—VICTIM RESTITUTION ENFORCEMENT

Sec. 5121. Short title.

Sec. 5122. Procedure for issuance and enforcement of restitution order.

Sec. 5123. Civil remedies.

Sec. 5124. Fines.

Sec. 5125. Resentencing.

Subtitle B—Combating Violence Against Women and Children

CHAPTER 1—VIOLENCE AGAINST WOMEN

Sec. 5201. Short title.

Sec. 5202. Definitions.

SUBCHAPTER A—STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE

AGAINST WOMEN

Sec. 5203. Full faith and credit enforcement of protection orders.

Sec. 5204. Reauthorization of STOP grants.

Sec. 5205. Reauthorization of grants to encourage arrest policies.

Sec. 5206. Grants to reduce violent crimes against women on campus.

Sec. 5207. Reauthorization of rural domestic violence and child abuse enforcement grants.

Sec. 5208. National stalker and domestic violence reduction.

Sec. 5209. Domestic violence and stalking offenses.

Sec. 5210. Domestic violence against women by members of the Armed Forces.

SUBCHAPTER B—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 5211. Shelters for battered women and children.

Sec. 5212. National domestic violence hotline.

Sec. 5213. Battered immigrant women.
9

•S 899 IS

SUBCHAPTER C—LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 5214. Reauthorization of runaway and homeless youth grants.

Sec. 5215. Reauthorization of victims of child abuse programs.

SUBCHAPTER D—STRENGTHENING EDUCATION AND TRAINING TO COMBAT

VIOLENCE AGAINST WOMEN

Sec. 5216. Education and training to end violence against and abuse of women

with disabilities.

Sec. 5217. Community initiatives.

CHAPTER 2—GENERAL REFORMS

Sec. 5221. Participation of religious organizations in Violence Against Women

Act of 1994 programs.

Sec. 5222. Death penalty for fatal interstate domestic violence offenses.

Sec. 5223. Death penalty for fatal interstate violations of protective orders.

Sec. 5224. Evidence of disposition of defendant toward victim in domestic violence cases and other cases.

Sec. 5225. HIV testing of defendants in sexual assault cases.

CHAPTER 3—MISCELLANEOUS PROVISIONS

Sec. 5231. Increased penalties for possession of material involving the sexual

exploitation of minors and material constituting or containing

child pornography.

Sec. 5232. Child abuse murders.

Sec. 5233. Sentencing enhancement for crimes committed in the presence of

children.

Sec. 5234. Rights of child victims and witnesses.

Sec. 5235. Technical corrections to forfeiture statutes for sexual exploitation of

minors.

Sec. 5236. Amendments to Victims of Crime Act of 1984.

Sec. 5237. Victimization data on disabled persons.

Sec. 5238. Wiretapping authority for sex tourism investigations.

Subtitle C—Victims Rights Amendment

Sec. 5301. Sense of the Senate.

Subtitle D—Recognition of Victims in Sentencing

Sec. 5401. Composition of United States Sentencing Commission.

TITLE VI—PRISONS AND JAILS

Subtitle A—Violent Offender Incarceration and Truth-in-Sentencing Incentive

Grants

Sec. 6101. Reauthorization of grants.

Subtitle B—Criminal Alien Incarceration

Sec. 6201. Short title.

Sec. 6202. Transfers of alien prisoners.

Sec. 6203. Consent unnecessary.

Sec. 6204. Certification transfer requirement.

Sec. 6205. International prisoner transfer report.
10

•S 899 IS

Sec. 6206. Annual reports on foreign assistance.

Sec. 6207. Annual certification procedures.

Sec. 6208. Prisoner transfers treaties.

Sec. 6209. Judgments unaffected.

Sec. 6210. United States assistance defined.

Sec. 6211. Repeals.

Subtitle C—Drug-Free Prisons and Jails

Sec. 6301. Drug-free prisons and jails incentive grants.

Sec. 6302. Elimination of sentencing inequities and aftercare for Federal inmates.

Sec. 6303. Prison communications.

Subtitle D—Prison Work

Sec. 6401. Short title.

Sec. 6402. Federal prisoner work requirement.

Sec. 6403. Purchases from Federal Prison Industries.

Sec. 6404. Prisoner community service projects.

Subtitle E—Federal Incarceration Improvement

Sec. 6501. Short title.

Sec. 6502. Report on Federal prison overcrowding.

Sec. 6503. Earned release credit or good time credit revocation.

Sec. 6504. Implementation of a Federal sentence of death.

Sec. 6505. Prison amenities.

Sec. 6506. Prisoner health care copayments.

Sec. 6507. Study and report on probation and supervised release.

Sec. 6508. Medicare rate enforcement mechanism.

Sec. 6509. Medical quality assurance records.

Sec. 6510. Administration of Federal prison commissaries.

Sec. 6511. Medical pay allowance.

Sec. 6512. Judicial district designation.

Sec. 6513. Offenses involving individuals in custody.

Sec. 6514. Prison credit and aging prisoner reform.

Sec. 6515. Authorization of video teleconferencing for certain proceedings.

Subtitle F—United States Marshals Service

Sec. 6601. Federal judiciary security.

Sec. 6602. Administrative subpoenas to apprehend fugitives.

Sec. 6603. Prisoner medical payment efficiency.

Sec. 6604. Subsistence for persons in custody of United States Marshals.

Sec. 6605. Air transportation for law enforcement purposes.

Subtitle G—Federal Prisoner and Criminal Alien Detention

Sec. 6701. Meeting long-term Federal detention needs.

Sec. 6702. Report on Federal detention space shortage.

Sec. 6703. Fairness in bail bond forfeiture.

Subtitle H—Prison Litigation Reform

Sec. 6801. Appropriate remedies for prison conditions.

Sec. 6802. Limitation on fees.

Sec. 6803. Notice of malicious filings.
11

•S 899 IS

Sec. 6804. Limitation on prisoner release orders.

TITLE VII—CRIMINAL LAW AND PROCEDURAL IMPROVEMENTS

Subtitle A—Equal Protection for Victims

Sec. 7101. Right of victim to impartial jury.

Sec. 7102. Jury trial improvements.

Sec. 7103. Rejoinder to attacks on the character of the victim by admission of

evidence of the character of the accused.

Sec. 7104. Use of notices of release of prisoners.

Sec. 7105. Balance in the composition of rules committees.

Subtitle B—Reform of Judicially Created Exclusionary Rules

Sec. 7201. Enforcement of confession reform statute.

Sec. 7202. Challenges to conviction or sentence on the basis of voluntary confession.

Sec. 7203. Obligation of attorneys for the United States to present certain arguments.

Sec. 7204. Admissibility of voluntary confessions in State court proceedings.

Sec. 7205. No police officer liability for seeking or obtaining voluntary confession.

Sec. 7206. Admissibility of evidence obtained by search or seizure.

Sec. 7207. Laurie Show victim protection (retrial in State court of persons that

file an application for writ of habeas corpus).

Subtitle C—Federal Law Enforcement Improvements

CHAPTER 1—GENERAL PROVISIONS

Sec. 7301. Amendments relating to violence in Indian country.

Sec. 7302. Amendments to anti-terrorism statutes.

Sec. 7303. Violent crimes in aid of racketeering activity.

Sec. 7304. Conforming amendment to return section 115 to the same scope as

section 1114.

Sec. 7305. Elimination of redundant penalty for killing in the course of a bank

robbery.

Sec. 7306. Elimination of unjustified scienter element for carjacking.

Sec. 7307. Offenses committed outside the United States by persons accompanying the Armed Forces.

Sec. 7308. Addition of attempt coverage for interstate domestic violence offense.

Sec. 7309. Clarification of interstate threat statute.

Sec. 7310. Status killings of Federal employees and consolidation of 18

U.S.C. 1114 and 1121.

Sec. 7311. Amendments of drive-by shooting statute.

Sec. 7312. Threats against former Presidents and others eligible for Secret

Service protection.

Sec. 7313. Protection of the Olympics.

Sec. 7314. Amendments to sentencing guidelines.

Sec. 7315. Bomb hoax statute.

Sec. 7316. Technical amendments relating to criminal law and procedure.

CHAPTER 2—PROFESSIONAL STANDARDS FOR FEDERAL PROSECUTORS

Sec. 7321. Ethical standards for Federal prosecutors.
12

•S 899 IS

Sec. 7322. Clarification of official duty exception.

CHAPTER 3—AMENDMENTS RELATING TO COURTS AND SENTENCING

Sec. 7331. Appeals from certain dismissals.

Sec. 7332. Elimination of outmoded certification requirements.

Sec. 7333. Improvement of hate crimes sentencing procedure.

Sec. 7334. Clarification of length of supervised release terms in controlled substance cases.

Sec. 7335. Authority of court to impose a sentence of probation or supervised

release when reducing a sentence of imprisonment in certain

cases.

Sec. 7336. Correction of aberrant statutes to permit imposition of both a fine

and imprisonment rather than only either penalty.

Sec. 7337. Clarification that making restitution is a proper condition of supervised release.

Sec. 7338. State clemency and pardon decisions.

CHAPTER 4—AMENDMENTS RELATING TO WHITE COLLAR CRIME

Sec. 7341. Conforming addition to obstruction of civil investigative demand

statute.

Sec. 7342. Addition of attempted theft and counterfeiting offenses to eliminate

gaps and inconsistencies in coverage.

Sec. 7343. Larceny involving post office boxes and postal stamp vending machines.

Sec. 7344. Theft of vessels.

Sec. 7345. Conforming amendment to law punishing obstruction of justice by

notification of existence of a subpoena for records in certain

types of investigations.

Sec. 7346. Conforming amendment to injunction against fraud statute.

Sec. 7347. Correction of error in perjury recantation statute.

Sec. 7348. Elimination of proof of value requirement for felony theft or conversion of grand jury material.

Sec. 7349. Amendment of interstate travel fraud statute to cover travel by perpetrator.

Sec. 7350. Marijuana plants.

Sec. 7351. Participation of foreign and State government personnel under Federal supervision in certain interceptions.

Sec. 7352. Conforming amendments relating to supervised release.

Sec. 7353. Strengthening of statute punishing evasion or embezzlement of customs duties.

Sec. 7354. Coverage of foreign bank branches in the territories.

Sec. 7355. Conforming statute of limitations amendment for certain bank fraud

offenses.

Sec. 7356. Clarifying amendment to section 704.

Sec. 7357. Amendment to section 1547 to conform to enactment of the immigration bill.

Sec. 7358. Expanded jurisdiction over child buying and selling offenses in Federal enclaves.

Sec. 7359. Technical amendment to restore wiretap authority for certain money

laundering offenses.

Sec. 7360. Flunitrazepam penalties.

Sec. 7361. Removal of the sunset provision for the S visa classification program.

Sec. 7362. Repeal of duplicative procedures.
13

•S 899 IS

Sec. 7363. Repeal of outmoded provisions relating to the Canal Zone.

Sec. 7364. Prevention of frauds involving aircraft or space vehicle parts in

interstate or foreign commerce.

CHAPTER 5—FRAUD AGAINST THE ELDERLY

Sec. 7471. Definitions.

Sec. 7472. Inclusion of seniors in national crime victimization survey.

Sec. 7473. Enhanced sentencing penalties based on age of victim.

Sec. 7474. Study and report on health care fraud sentences.

Sec. 7475. Increased penalties for fraud resulting in serious injury or death.

Sec. 7476. Telemarketing scams.

Sec. 7477. Grand jury disclosure in investigations of health care offenses.

Sec. 7478. Victim restitution.

Subtitle D—Federal Law Enforcement Agency Improvements

Sec. 7501. Repeal of provision requiring compilation of statistics relating to intimidation of government employees.

Sec. 7502. Flight to avoid prosecution or giving testimony.

Sec. 7503. Contraband in prison.

Sec. 7504. Personnel management system for certain positions in the Federal

Bureau of Investigation.

Sec. 7505. Humanitarian assistance.

Sec. 7506. Scholarship program.

Sec. 7507. Noncompetitive conversion to career appointments of certain employees of the Drug Enforcement Administration.

Sec. 7508. Office of Professional Responsibility.

Sec. 7509. Customs cybersmuggling center.

TITLE VIII—21ST CENTURY DEPARTMENT OF JUSTICE

APPROPRIATIONS AUTHORIZATION ACT

Sec. 8001. Short title.

Subtitle A—Authorization of Appropriations for Fiscal Years 2000, 2001, and

2002

Sec. 8101. Specific sums authorized to be appropriated.

Sec. 8102. Federal prison industries.

Sec. 8103. Appointment of additional assistant United States attorneys; reduction of certain litigation positions.

Subtitle B—Authorizations of Appropriations for Specific Programs

Sec. 8201. Amendments to the Crime Control and Law Enforcement Act of

1994.

Sec. 8202. Amendments to the Antiterrorism and Effective Death Penalty Act

of 1996.

Sec. 8203. Communications assistance.

Sec. 8204. Criminal alien assistance.

Sec. 8205. Violent Crime Reduction Trust Fund.

Subtitle C—Permanent Enabling Provisions

Sec. 8301. Permanent authority.

Sec. 8302. Permanent authority relating to enforcement of laws.

Sec. 8303. Notifications on use of funds.
14

•S 899 IS

Sec. 8304. Miscellaneous use provisions.

Sec. 8305. Technical amendment; authority to transfer property of marginal

value.

Sec. 8306. Protection of the Attorney General.

Sec. 8307. Extended assignment allowance.

Sec. 8308. Limitation on use of funds.

Subtitle D—Miscellaneous

Sec. 8401. Repealers.

Sec. 8402. Technical amendment.

Sec. 8403. Rule of construction.

Sec. 8404. Counterterrorism Fund amendments.

Sec. 8405. Use of Government vehicles.

Sec. 8406. Clarification of litigation authority of Attorney General.

Sec. 8407. Oversight; waste, fraud, and abuse.

Sec. 8408. Chief financial officer of the Department of Justice.

TITLE IX—MISCELLANEOUS

Sec. 9101. Carrying of concealed firearms by qualified current and former law

enforcement officers.

Sec. 9102. Exemption of the return of a pawned or repaired firearm from the

requirement that an instant criminal background check be conducted in connection with the transfer of a firearm.

Sec. 9103. Funding of National Center for Rural Law Enforcement.

Sec. 9104. Center for Domestic Preparedness for Acts of Terrorism.

1 SEC. 2. SEVERABILITY.

2 If any provision of this Act, an amendment made by

3 this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act, the amendments made

6 by this Act, and the application of the provisions of such

7 to any person or circumstance shall not be affected there8 by.

9 TITLE I—NEW MILLENNIUM LAW

10 ENFORCEMENT ASSISTANCE

11 SEC. 1001. SHORT TITLE.

12 This title may be cited as the ‘‘New Millennium Law

13 Enforcement Assistance Act’’.
15

•S 899 IS

1 Subtitle A—Local Law

2 Enforcement Block Grants

3 SEC. 1101. SHORT TITLE; DEFINITIONS.

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

5 ‘‘Local Government Law Enforcement Block Grant Act of

6 1999’’.

7 (b) DEFINITIONS.—In this subtitle:

8 (1) DIRECTOR.—The term ‘‘Director’’ means

9 the Director of the Bureau of Justice Assistance of

10 the Department of Justice.

11 (2) JUVENILE.—The term ‘‘juvenile’’ means an

12 individual who is 17 years of age or younger.

13 (3) LAW ENFORCEMENT EXPENDITURES.—The

14 term ‘‘law enforcement expenditures’’ means the

15 current operation expenditures associated with po16 lice, prosecutorial, legal, and judicial services, and

17 corrections as reported to the Bureau of the Census.

18 (4) PART 1 VIOLENT CRIMES.—The term ‘‘part

19 1 violent crimes’’ means murder and nonnegligent

20 manslaughter, forcible rape, robbery, and aggravated

21 assault as reported to the Federal Bureau of Inves22 tigation for purposes of the Uniform Crime Reports.

23 (5) PAYMENT PERIOD.—The term ‘‘payment

24 period’’ means each 1-year period beginning on Oc-
16

•S 899 IS

1 tober 1 of any year in which a grant under this sub2 title is awarded.

3 (6) STATE.—The term ‘‘State’’ means any

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

5 the Commonwealth of Puerto Rico, the Virgin Is6 lands, American Samoa, Guam, and the Northern

7 Mariana Islands, except that American Samoa,

8 Guam, and the Northern Mariana Islands shall be

9 considered as 1 State and that, for purposes of sec10 tion 1105(a), 33 percent of the amounts allocated

11 shall be allocated to American Samoa, 50 percent to

12 Guam, and 17 percent to the Northern Mariana Is13 lands.

14 (7) UNIT OF LOCAL GOVERNMENT.—The term

15 ‘‘unit of local government’’ means—

16 (A) a county, township, city, or political

17 subdivision of a county, township, or city, that

18 is a general purpose unit of local government,

19 as determined by the Secretary of Commerce

20 for general statistical purposes, including a par21 ish sheriff in the State of Louisiana at the par22 ish level;

23 (B) the District of Columbia and the rec24 ognized governing body of an Indian tribe or
17

•S 899 IS

1 Alaska Native village that carries out substan2 tial governmental duties and powers; and

3 (C) the Commonwealth of Puerto Rico, in

4 addition to being considered a State, for the

5 purposes set forth in section 1102(a)(2).

6 SEC. 1102. PAYMENTS TO LOCAL GOVERNMENTS.

7 (a) PAYMENT AND USE.—

8 (1) PAYMENT.—The Director shall pay to each

9 unit of local government that qualifies for a payment

10 under this subtitle an amount equal to the sum of

11 any amounts allocated to such unit under this sub12 title for each payment period. The Director shall pay

13 such amount from amounts appropriated to carry

14 out this subtitle.

15 (2) USE.—Amounts paid to a unit of local gov16 ernment under this section shall be used by the unit

17 for reducing crime and improving public safety, in18 cluding but not limited to, 1 or more of the following

19 purposes:

20 (A)(i) Hiring, training, and employing on a

21 continuing basis new, additional law enforce22 ment officers and necessary support personnel.

23 (ii) Paying overtime to presently employed

24 law enforcement officers and necessary support
18

•S 899 IS

1 personnel for the purpose of increasing the

2 number of hours worked by such personnel.

3 (iii) Procuring equipment, technology, and

4 other material directly related to basic law en5 forcement functions.

6 (B) Enhancing security measures—

7 (i) in and around schools; and

8 (ii) in and around any other facility or

9 location that is considered by the unit of

10 local government to have a special risk for

11 incidents of crime.

12 (C) Establishing crime prevention pro13 grams that may, though not exclusively, involve

14 law enforcement officials and that are intended

15 to discourage, disrupt, or interfere with the

16 commission of criminal activity, including

17 neighborhood watch and citizen patrol pro18 grams, sexual assault and domestic violence

19 programs, and programs intended to prevent ju20 venile crime.

21 (D) Establishing or supporting drug

22 courts.

23 (E) Establishing early intervention and

24 prevention programs for juveniles to reduce or

25 eliminate crime.
19

•S 899 IS

1 (F) Enhancing the adjudication process of

2 cases involving violent offenders, including the

3 adjudication process of cases involving violent

4 juvenile offenders.

5 (G) Enhancing programs under subpart 1

6 of part E of the Omnibus Crime Control and

7 Safe Streets Act of 1968.

8 (H) Establishing cooperative task forces

9 between adjoining units of local government to

10 work cooperatively to prevent and combat crimi11 nal activity, particularly criminal activity that is

12 exacerbated by drug or gang-related involve13 ment.

14 (I) Establishing a multijurisdictional task

15 force, particularly in rural areas, composed of

16 law enforcement officials representing units of

17 local government, that works with Federal law

18 enforcement officials to prevent and control

19 crime.

20 (J) Establishing or supporting programs

21 designed to collect, record, retain, and dissemi22 nate information useful in the identification,

23 prosecution, and sentencing of offenders, such

24 as criminal history information, fingerprints,

25 DNA tests, and ballistics tests.
20

•S 899 IS

1 (3) DEFINITIONS.—In this subsection—

2 (A) the term ‘‘drug courts’’ means a pro3 gram that involves—

4 (i) continuing judicial supervision over

5 offenders with substance abuse problems

6 who are not violent offenders; and

7 (ii) the integrated administration of

8 other sanctions and services, which shall

9 include—

10 (I) mandatory periodic testing for

11 the use of controlled substances or

12 other addictive substances during any

13 period of supervised release or proba14 tion for each participant;

15 (II) substance abuse treatment

16 for each participant;

17 (III) probation, or other super18 vised release involving the possibility

19 of prosecution, confinement, or incar20 ceration based on noncompliance with

21 program requirements or failure to

22 show satisfactory progress; and

23 (IV) programmatic, offender

24 management, and aftercare services

25 such as relapse prevention, vocational
21

•S 899 IS

1 job training, job placement, and hous2 ing placement; and

3 (B) the term ‘‘violent offender’’ means a

4 person charged with committing a part I violent

5 crime.

6 (b) PROHIBITED USES.—Notwithstanding any other

7 provision of this subtitle, a unit of local government may

8 not expend any of the funds provided under this subtitle

9 to purchase, lease, rent, or otherwise acquire—

10 (1) tanks or armored personnel carriers;

11 (2) fixed wing aircraft;

12 (3) limousines;

13 (4) real estate;

14 (5) yachts;

15 (6) consultants; or

16 (7) vehicles not primarily used for law enforce17 ment;

18 unless the Attorney General certifies that extraordinary

19 and exigent circumstances exist that make the use of

20 funds for such purposes essential to the maintenance of

21 public safety and good order in such unit of local govern22 ment. With regard to paragraph (2), such circumstances

23 shall be deemed to exist with respect to a unit of local

24 government in a rural State, as defined in section 1501

25 of the Omnibus Crime Control and Safe Streets Act of
22

•S 899 IS

1 1968 (42 U.S.C. 3796bb), upon certification by the chief

2 law enforcement officer of the unit of local government

3 that the unit of local government is experiencing an in4 crease in production or cultivation of a controlled sub5 stance or listed chemical (as defined in section 102 of the

6 Controlled Substances Act), and that the fixed wing air7 craft will be used in the detection, disruption, or abate8 ment of such production or cultivation.

9 (c) TIMING OF PAYMENTS.—The Director shall pay

10 each unit of local government that has submitted an appli11 cation under this subtitle not later than the later of—

12 (1) 90 days after the date on which that the

13 amount is available; or

14 (2) the first day of the payment period if the

15 unit of local government has provided the Director

16 with the assurances required by section 1104(c).

17 (d) ADJUSTMENTS.—

18 (1) IN GENERAL.—Subject to paragraph (2),

19 the Director shall adjust a payment under this sub20 title to a unit of local government to the extent that

21 a prior payment to the unit of local government was

22 more or less than the amount required to be paid.

23 (2) CONSIDERATIONS.—The Director may in24 crease or decrease under this subsection a payment

25 to a unit of local government only if the Director de-
23

•S 899 IS

1 termines the need for the increase or decrease, or if

2 the unit requests the increase or decrease, not later

3 than 1 year after the end of the payment period for

4 which a payment was made.

5 (e) RESERVATION FOR ADJUSTMENT.—The Director

6 may reserve a percentage of not more than 2 percent of

7 the amount under this section for a payment period for

8 all units of local government in a State if the Director

9 considers the reserve is necessary to ensure the availability

10 of sufficient amounts to pay adjustments after the final

11 allocation of amounts among the units of local government

12 in the State.

13 (f) REPAYMENT OF UNEXPENDED AMOUNTS.—

14 (1) REPAYMENT REQUIRED.—A unit of local

15 government shall repay to the Director, by not later

16 than 27 months after receipt of funds from the Di17 rector, any amount that is—

18 (A) paid to the unit from amounts appro19 priated under the authority of this section; and

20 (B) not expended by the unit within 2

21 years after receipt of such funds from the Di22 rector.

23 (2) PENALTY FOR FAILURE TO REPAY.—If the

24 amount required to be repaid is not repaid, the Di-
24

•S 899 IS

1 rector shall reduce payment in future payment peri2 ods accordingly.

3 (3) DEPOSIT OF AMOUNTS REPAID.—Amounts

4 received by the Director as repayments under this

5 subsection shall be deposited in a designated fund

6 for future payments to units of local government.

7 Any amounts remaining in such designated fund

8 after 5 years following the date of enactment of this

9 Act shall be applied to the Federal deficit or, if there

10 is no Federal deficit, to reducing the Federal debt.

11 (g) NONSUPPLANTING REQUIREMENT.—Funds made

12 available under this subtitle to units of local government

13 shall not be used to supplant State or local funds, but

14 shall be used to increase the amount of funds that would,

15 in the absence of funds made available under this subtitle,

16 be made available from State or local sources.

17 (h) MATCHING FUNDS.—The Federal share of a

18 grant received under this subtitle may not exceed 90 per19 cent of the costs of a program or proposal funded under

20 this subtitle. No funds provided under this subtitle may

21 be used as matching funds for any other Federal grant

22 program.
25

•S 899 IS

1 SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

3 authorized to be appropriated to carry out this subtitle

4 $750,000,000 for each of fiscal years 2000 through 2005.

5 (b) OVERSIGHT ACCOUNTABILITY AND ADMINISTRA6 TION.—Not more than 3 percent of the amount authorized

7 to be appropriated under subsection (a) for each of fiscal

8 years 2000 through 2005 shall be available to the Attor9 ney General for studying the overall effectiveness and effi10 ciency of the provisions of this subtitle, and assuring com11 pliance with the provisions of this subtitle and for adminis12 trative costs to carry out the purposes of this subtitle.

13 From the amount described in the preceding sentence, the

14 Bureau of Justice Assistance shall receive such sums as

15 may be necessary for the actual costs of administration

16 and monitoring. The Attorney General shall establish and

17 execute an oversight plan for monitoring the activities of

18 grant recipients. Such sums are to remain available until

19 expended.

20 (c) FUNDING SOURCE.—Appropriations for activities

21 authorized in this subtitle may be made from the Violent

22 Crime Reduction Trust Fund.

23 (d) TECHNOLOGY ASSISTANCE.—Of the amount ap24 propriated under subsection (a) for each of fiscal years

25 2000 through 2005, the Attorney General shall reserve 3

26 percent of the amount authorized to the Office of Justice
26

•S 899 IS

1 Programs, relying principally on the expertise of the Bu2 reau of Justice Statistics, for distribution in a manner

3 consistent with the Crime Identification Technology Act

4 of 1998 (title I of Public Law 105–251; 42 U.S.C. 14601),

5 for State and local information and identification tech6 nology, including access to the Integrated Automated Fin7 gerprint Identification System (IAFIS), DNA, and ballis8 tics systems.

9 (e) AVAILABILITY.—The amounts appropriated

10 under subsection (a) shall remain available until expended.

11 SEC. 1104. QUALIFICATION FOR PAYMENT.

12 (a) IN GENERAL.—The Director shall issue regula13 tions establishing procedures under which a unit of local

14 government is required to provide notice to the Director

15 regarding the proposed use of funds made available under

16 this subtitle.

17 (b) PROGRAM REVIEW.—The Director shall establish

18 a process for the ongoing evaluation of projects developed

19 with funds made available under this subtitle.

20 (c) GENERAL REQUIREMENTS FOR QUALIFICA21 TION.—A unit of local government qualifies for a payment

22 under this subtitle for a payment period only if the unit

23 of local government submits an application to the Director

24 and establishes, to the satisfaction of the Director, that—
27

•S 899 IS

1 (1) the unit of local government has established

2 a local advisory board that—

3 (A) includes, but is not limited to, a rep4 resentative from—

5 (i) the local police department or local

6 sheriff’s department;

7 (ii) the local prosecutor’s office;

8 (iii) the local court system;

9 (iv) the local public school system;

10 and

11 (v) a local nonprofit, educational, reli12 gious, or community group active in crime

13 prevention or drug use prevention or treat14 ment;

15 (B) has reviewed the application; and

16 (C) is designated to make nonbinding rec17 ommendations to the unit of local government

18 for the use of funds received under this subtitle;

19 (2) the chief executive officer of the State has

20 had not less than 20 days to review and comment

21 on the application before submission to the Director;

22 (3)(A) the unit of local government will estab23 lish a trust fund in which the government will de24 posit all payments received under this subtitle; and
28

•S 899 IS

1 (B) the unit of local government will use

2 amounts in the trust fund (including interest) dur3 ing a period not to exceed 2 years from the date the

4 first grant payment is made to the unit of local gov5 ernment;

6 (4) the unit of local government will expend the

7 payments received in accordance with the laws and

8 procedures that are applicable to the expenditure of

9 revenues of the unit of local government;

10 (5) the unit of local government will use ac11 counting, audit, and fiscal procedures that conform

12 to guidelines, which shall be prescribed by the Direc13 tor after consultation with the Comptroller General

14 of the United States and, as applicable, amounts re15 ceived under this subtitle shall be audited in compli16 ance with the Single Audit Act of 1984;

17 (6) after reasonable notice from the Director or

18 the Comptroller General of the United States to the

19 unit of local government, the unit of local govern20 ment will make available to the Director and the

21 Comptroller General of the United States, with the

22 right to inspect, records that the Director reasonably

23 requires to review compliance with this subtitle or

24 that the Comptroller General of the United States
29

•S 899 IS

1 reasonably requires to review compliance and oper2 ation;

3 (7) a designated official of the unit of local gov4 ernment shall make reports the Director reasonably

5 requires, in addition to the annual reports required

6 under this subtitle;

7 (8) the unit of local government will spend the

8 funds made available under this subtitle only for the

9 purposes set forth in section 1102(a)(2);

10 (9) the unit of local government will achieve a

11 net gain in the number of law enforcement officers

12 who perform nonadministrative public safety service

13 if such unit uses funds received under this subtitle

14 to increase the number of law enforcement officers

15 as described under section 1102(a)(2)(A);

16 (10) the unit of local government—

17 (A) has an adequate process to assess the

18 impact of any enhancement of a school security

19 measure that is undertaken under section

20 1102(a)(2)(B), or any crime prevention pro21 grams that are established under subpara22 graphs (C) and (E) of section 1102(a)(2), on

23 the incidence of crime in the geographic area

24 where the enhancement is undertaken or the

25 program is established;
30

•S 899 IS

1 (B) will conduct such an assessment with

2 respect to each such enhancement or program;

3 and

4 (C) will submit an annual written assess5 ment report to the Director; and

6 (11) the unit of local government has estab7 lished procedures to give members of the Armed

8 Forces who, on or after October 1, 1990, were or

9 are selected for involuntary separation (as described

10 in section 1141 of title 10, United States Code), ap11 proved for separation under section 1174a or 1175

12 of such title, or retired pursuant to the authority

13 provided under section 4403 of the Defense Conver14 sion, Reinvestment, and Transition Assistance Act of

15 1992 (division D of Public Law 102–484; 10 U.S.C.

16 1293 note), a suitable preference in the employment

17 of persons as additional law enforcement officers or

18 support personnel using funds made available under

19 this subtitle. The nature and extent of such employ20 ment preference shall be jointly established by the

21 Attorney General and the Secretary of Defense. To

22 the extent practicable, the Director shall endeavor to

23 inform members who were separated between Octo24 ber 1, 1990, and the date of enactment of this Act

25 of their eligibility for the employment preference.
31

•S 899 IS

1 (d) SANCTIONS FOR NONCOMPLIANCE.—

2 (1) IN GENERAL.—If the Director determines

3 that a unit of local government has not complied

4 substantially with the requirements or regulations

5 prescribed under subsections (a) and (c), the Direc6 tor shall notify the unit of local government that if

7 the unit of local government does not take corrective

8 action within 60 days of such notice, the Director

9 will withhold additional payments to the unit of local

10 government for the current and future payment peri11 ods until the Director is satisfied that the unit of

12 local government—

13 (A) has taken the appropriate corrective

14 action; and

15 (B) will comply with the requirements and

16 regulations prescribed under subsections (a)

17 and (c).

18 (2) NOTICE.—Before giving notice under para19 graph (1), the Director shall give the chief executive

20 officer of the unit of local government reasonable no21 tice and an opportunity for comment.

22 (e) MAINTENANCE OF EFFORT REQUIREMENT.—A

23 unit of local government qualifies for a payment under this

24 subtitle for a payment period only if the unit’s expendi25 tures on law enforcement services (as reported by the Bu-
32

•S 899 IS

1 reau of the Census) for the fiscal year preceding the fiscal

2 year in which the payment period occurs were not less

3 than 90 percent of the unit’s expenditures on such services

4 for the second fiscal year preceding the fiscal year in which

5 the payment period occurs.

6 SEC. 1105. ALLOCATION AND DISTRIBUTION OF FUNDS.

7 (a) STATE SET-ASIDE.—

8 (1) IN GENERAL.—Of the total amounts appro9 priated for this subtitle for each payment period, the

10 Director shall allocate for units of local government

11 in each State an amount that bears the same ratio

12 to such total as the average annual number of part

13 1 violent crimes reported by such State to the Fed14 eral Bureau of Investigation for the 3 most recent

15 calendar years for which such data is available bears

16 to the number of part 1 violent crimes reported by

17 all States to the Federal Bureau of Investigation for

18 such years.

19 (2) MINIMUM REQUIREMENT.—Each State shall

20 receive not less than 0.5 percent of the total

21 amounts appropriated under section 1103 under this

22 subsection for each payment period.

23 (3) PROPORTIONAL REDUCTION.—If amounts

24 available to carry out paragraph (2) for any pay25 ment period are insufficient to pay in full the total
33

•S 899 IS

1 payment that any State is otherwise eligible to re2 ceive under paragraph (1) for such period, the Di3 rector shall reduce payments under paragraph (1)

4 for such payment period to the extent of such insuf5 ficiency. Reductions under the preceding sentence

6 shall be allocated among the States (other than

7 States whose payment is determined under para8 graph (2)) in the same proportions as amounts

9 would be allocated under paragraph (1) without re10 gard to paragraph (2).

11 (b) LOCAL DISTRIBUTION.—

12 (1) AMOUNT OF ALLOCATION.—From the total

13 amount allocated for all units of local government in

14 a State under subsection (a), the Director shall allo15 cate to each unit of local government an amount

16 which bears the same ratio to such total amount as

17 the average annual number of part 1 violent crimes

18 reported by such unit to the Federal Bureau of In19 vestigation for the 3 most recent calendar years for

20 which such data is available bears to the number of

21 part 1 violent crimes reported by all units of local

22 government in the State in which the unit is located

23 to the Federal Bureau of Investigation for such

24 years.

25 (2) EXPENDITURES.—
34

•S 899 IS

1 (A) IN GENERAL.—The amount allocated

2 to a unit of local government under paragraph

3 (1) for a payment period may not exceed 100

4 percent of law enforcement expenditures of the

5 unit of local government for such payment pe6 riod.

7 (B) REALLOCATION.—The portion of the

8 amount allocated to a unit of local government

9 that is not available to such unit of local gov10 ernment by operation of subparagraph (A) shall

11 be allocated on a pro rata basis among units of

12 local government that are not affected by the

13 operation of subparagraph (A) in accordance

14 with this subsection.

15 (3) LOCAL GOVERNMENTS WITH ALLOCATIONS

16 OF LESS THAN $5,000.—If the amount allocated to a

17 unit of local government under paragraph (1) for a

18 payment period is less than $5,000, the amount allo19 cated shall be transferred to the chief executive offi20 cer of the State, who shall distribute the amount

21 among State police departments that provide law en22 forcement services to units of local government and

23 units of local government whose allotment is less

24 than that amount in a manner that reduces crime

25 and improves public safety.
35

•S 899 IS

1 (4) SPECIAL RULE.—If a unit of local govern2 ment in a State has been annexed since the date of

3 the collection of the data used by the Director in

4 making allocations pursuant to this subsection, the

5 Director shall pay the amount that would have been

6 allocated to such unit of local government under this

7 subsection to the unit of local government that an8 nexed that unit of local government.

9 (5) RESOLUTION OF DISPARATE ALLOCA10 TIONS.—

11 (A) DEFINITION OF GEOGRAPHICALLY

12 CONSTITUENT UNIT OF LOCAL GOVERNMENT.—

13 In this paragraph, the term ‘‘geographically

14 constituent unit of local government’’ means a

15 unit of local government, as defined in section

16 1101(b) and regardless of eligibility, that has

17 jurisdiction over areas located within the bound18 aries of an area over which a unit of local gov19 ernment certified pursuant to this paragraph

20 has jurisdiction.

21 (B) REQUEST FOR CERTIFICATION.—Not22 withstanding any other provision of this sub23 title, a unit of local government under the juris24 diction of a State may submit to the attorney

25 general of the State a request for certification
36

•S 899 IS

1 under subparagraph (C) if such unit of local

2 government received funds during fiscal year

3 1998 pursuant to a joint spending plan under

4 the Local Law Enforcement Block Grant Pro5 gram pursuant to H.R. 728, as passed by the

6 House of Representatives on February 14,

7 1995.

8 (C) CERTIFICATION.—Not later than 30

9 days after receipt of a request for certification

10 under subparagraph (B), the attorney general

11 of the State shall either—

12 (i) make such a certification, if the at13 torney general determines that—

14 (I) the unit of local government

15 bears more than 50 percent of the

16 costs of prosecution or incarceration

17 that arise with respect to part I vio18 lent crimes reported by a specified

19 geographically constituent unit of

20 local government; and

21 (II) but for this paragraph, the

22 amount of funds allocated under this

23 title to—

24 (aa) any 1 specified geo25 graphically constituent unit of
37

•S 899 IS

1 local government exceeds 200

2 percent of the amount allocated

3 to the unit of local government

4 described in subclause (I); or

5 (bb) more than 1 specified

6 geographically constituent unit of

7 local government (excluding the

8 units of local government re9 ferred to in item (aa) and in

10 paragraph (4)), exceeds 400 per11 cent of the amount allocated to

12 the unit of local government de13 scribed in subclause (I); and

14 (III) such allocation is likely to

15 threaten the efficient administration

16 of justice; or

17 (ii) if the attorney general determines

18 that the requirements of clause (i) are not

19 met, decline to make such a certification.

20 (D) EFFECT OF CERTIFICATION.—

21 (i) IN GENERAL.—If the attorney gen22 eral of a State makes a certification under

23 subparagraph (C)(i), the unit of local gov24 ernment, together with the specified geo25 graphically constituent units of local gov-
38

•S 899 IS

1 ernment described in subparagraph

2 (C)(i)(II) may submit to the Director a

3 joint spending plan reflecting the combined

4 plan for such units of local government.

5 (ii) CONTENTS OF JOINT SPENDING

6 PLAN.—Each joint spending plan sub7 mitted under this subparagraph shall

8 specify the amount of such funds that are

9 to be distributed to each of unit of local

10 government and the purposes for which

11 those funds are to be used.

12 (iii) JOINT LOCAL ADVISORY

13 BOARD.—Any units of local government

14 submitting a joint spending plan under

15 this subparagraph may establish a joint

16 local advisory board to carry out this sub17 paragraph.

18 (c) GRANTS TO INDIAN TRIBES.—Notwithstanding

19 subsections (a) and (b), of the amount appropriated under

20 section 1103(a) in each of fiscal years 2000 through 2005,

21 the Attorney General shall reserve 0.3 percent for grants

22 to Indian tribal governments performing law enforcement

23 functions, to be used for the purposes described in section

24 1102. To be eligible to receive a grant with amounts set

25 aside under this subsection, an Indian tribal government
39

•S 899 IS

1 shall submit to the Attorney General an application in

2 such form and containing such information as the Attor3 ney General may by regulation require.

4 (d) GRANTS TO PUERTO RICO.—The Commonwealth

5 of Puerto Rico may distribute any portion of a grant re6 ceived under this subtitle to units of local government

7 within the Commonwealth of Puerto Rico for purposes

8 consistent with this subtitle.

9 (e) UNAVAILABILITY AND INACCURACY OF INFORMA10 TION.—

11 (1) DATA FOR STATES.—For purposes of this

12 section, if data regarding part 1 violent crimes in

13 any State for the 3 most recent calendar years is

14 unavailable, insufficient, or substantially inaccurate,

15 the Director shall utilize the best available com16 parable data regarding the number of violent crimes

17 for such years for such State for the purposes of al18 location of any funds under this subtitle.

19 (2) POSSIBLE INACCURACY OF DATA FOR UNITS

20 OF LOCAL GOVERNMENT.—In addition to the provi21 sions of paragraph (1), if the Director believes that

22 the reported rate of part 1 violent crimes or legal ex23 penditure information for a unit of local government

24 is insufficient or inaccurate, the Director shall—
40

•S 899 IS

1 (A) investigate the methodology used by

2 such unit to determine the accuracy of the sub3 mitted data; and

4 (B) when necessary, use the best available

5 comparable data regarding the number of vio6 lent crimes or legal expenditure information for

7 such years for such unit of local government.

8 SEC. 1106. UTILIZATION OF PRIVATE SECTOR.

9 Funds or a portion of funds allocated under this sub10 title may be utilized to contract with private, nonprofit en11 tities or community-based organizations to carry out the

12 purposes specified under section 1102(a)(2).

13 SEC. 1107. PUBLIC PARTICIPATION.

14 (a) IN GENERAL.—A unit of local government ex15 pending payments under this subtitle shall hold not less

16 than 1 public hearing on the proposed use of the payment

17 from the Director in relation to its entire budget.

18 (b) VIEWS.—At the hearing, persons shall be given

19 an opportunity to provide written and oral views to the

20 unit of local government authority responsible for enacting

21 the budget.

22 (c) TIME AND PLACE.—The unit of local government

23 shall hold the hearing at a time and place that allows and

24 encourages public attendance and participation.
41

•S 899 IS

1 SEC. 1108. ADMINISTRATIVE PROVISIONS.

2 The administrative provisions of part H of the Omni3 bus Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3782 et seq.), shall apply to this subtitle and for

5 purposes of this section any reference in such provisions

6 to title I of the Omnibus Crime Control and Safe Streets

7 Act of 1968 (42 U.S.C. 3711 et seq.) shall be deemed to

8 be a reference to this subtitle.

9 Subtitle B—New Millennium Public

10 Safety And Policing Grants

11 SEC. 1201. AUTHORITY TO MAKE PUBLIC SAFETY AND PO12 LICING GRANTS.

13 Section 1701 of the Omnibus Crime Control and Safe

14 Streets Act of 1968 (42 U.S.C. 3796dd) to read as follows:

15 ‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND PO16 LICING GRANTS.

17 ‘‘(a) GRANT AUTHORIZATION.—Subject to the re18 quirements of this part, the Attorney General may make

19 grants (to be known as ‘New Millennium Public Safety

20 and Policing Grants’) to States, units of local government,

21 Indian tribal governments, other public and private enti22 ties, and multi-jurisdictional or regional consortia

23 thereof—

24 ‘‘(1) to increase police presence;

25 ‘‘(2) to develop, implement, and expand law en26 forcement strategies which emphasize zero-tolerance
42

•S 899 IS

1 policing, crime mapping, and command account2 ability to target high-crime areas; and

3 ‘‘(3) to expand and improve cooperative efforts

4 between law enforcement agencies and members of

5 the community to address crime and disorder prob6 lems.

7 ‘‘(b) USES OF GRANTS.—

8 ‘‘(1) IN GENERAL.—Grants made under sub9 section (a) may be used for programs, projects, and

10 other activities to—

11 ‘‘(A) hire and train new, additional career

12 law enforcement officers, or pay overtime to ex13 isting career law enforcement officers, for the

14 purposes described in subsection (a);

15 ‘‘(B) retain career law enforcement officers

16 hired with Federal assistance after January 1,

17 1995;

18 ‘‘(C) procure equipment, technology, and

19 computer systems, or hire support personnel,

20 for the implementation of zero-tolerance polic21 ing, crime mapping, and command account22 ability;

23 ‘‘(D) procure equipment and law enforce24 ment or civilian support personnel to expand

25 coverage, enhance law enforcement presence,
43

•S 899 IS

1 and improve law enforcement response time in

2 rural areas; and

3 ‘‘(E) establish school-based partnerships

4 between local law enforcement agencies and

5 local school systems by using school resource of6 ficers who operate in and around elementary

7 and secondary schools to combat school-related

8 crime and disorder problems, gangs, and drug

9 activities.

10 ‘‘(2) LIMITATION ON USE.—Not more than 60

11 percent of the funds received by a government, enti12 ty, or consortia under a grant made under sub13 section (a) may be used for purposes specified in

14 paragraph (1)(C).

15 ‘‘(c) TROOPS-TO-COPS PROGRAMS.—

16 ‘‘(1) IN GENERAL.—Grants made under sub17 section (a) may be used to hire former members of

18 the Armed Forces to serve as career law enforce19 ment officers, particularly in communities that are

20 adversely affected by the recent closure of a military

21 installation.

22 ‘‘(2) DEFINITION.—In this subsection, ‘former

23 member of the Armed Forces’ means a member of

24 the Armed Forces of the United States who is invol25 untarily separated from the Armed Forces within
44

•S 899 IS

1 the meaning of section 1141 of title 10, United

2 States Code.

3 ‘‘(d) ADDITIONAL USES OF GRANTS.—Grants made

4 under subsection (a) may also be used for programs,

5 projects, and other activities to—

6 ‘‘(1) increase the number of law enforcement

7 officers involved in activities that are focused on

8 interaction with members of the community on

9 proactive crime control and prevention by rede10 ploying officers to such activities;

11 ‘‘(2) promote the active involvement of citizens

12 in neighborhood crime control and prevention activi13 ties, such as Neighborhood Watch programs, neigh14 borhood video monitoring, and citizen ride-along pro15 grams;

16 ‘‘(3) augment, for a period not to exceed 90

17 days (which may be extended at the discretion of the

18 Attorney General), law enforcement personnel in a

19 State or political subdivision thereof with law en20 forcement personnel on loan or temporary transfer

21 from another jurisdiction in the same State or an22 other State or political subdivision thereof if—

23 ‘‘(A) the chief executive officer of the State

24 seeking the augmentation certifies that the

25 State or political subdivision thereof is experi-
45

•S 899 IS

1 encing temporary emergency civil or criminal

2 disorder, such as rioting or looting, requiring

3 the deployment of additional law enforcement

4 officers;

5 ‘‘(B) the chief executive of such State cer6 tifies that the State or political subdivision

7 thereof requires the deployment of additional

8 law enforcement officers to respond to the

9 aftermath of an act of terrorism; or

10 ‘‘(C) such State or political subdivision

11 thereof is the site of a designated special event

12 pursuant to Presidential Decision Directive 62,

13 issued May 22, 1998;

14 ‘‘(4) provide specialized training to law enforce15 ment officers to enhance their conflict resolution,

16 mediation, problem solving, service, and other skills

17 needed to work in partnership with members of the

18 community;

19 ‘‘(5) increase police participation in multidisci20 plinary early intervention teams;

21 ‘‘(6) develop new technologies to assist State

22 and local law enforcement agencies in reorienting

23 the emphasis of their activities from reacting to

24 crime to preventing crimes;
46

•S 899 IS

1 ‘‘(7) develop and implement innovative pro2 grams to permit members of the community to assist

3 State and local law enforcement agencies in the pre4 vention of crime in the community, such as a citi5 zens’ police academy, including programs designed

6 to increase the level of access to the criminal justice

7 system enjoyed by victims, witnesses, and ordinary

8 citizens by establishing decentralized satellite offices

9 (including video facilities) of principal criminal

10 courts buildings;

11 ‘‘(8) establish innovative programs to reduce,

12 and keep to a minimum, the amount of time that

13 law enforcement officers must be away from the

14 community while awaiting court appearances; and

15 ‘‘(9) support the purchase by a law enforcement

16 agency of no more than 1 service weapon per officer,

17 upon hiring.

18 ‘‘(e) PREFERENTIAL CONSIDERATION OF APPLICA19 TIONS FOR CERTAIN GRANTS.—In awarding grants under

20 this part, the Attorney General may give preferential con21 sideration, where feasible, to applications that involve a

22 non-Federal contribution exceeding the 25-percent min23 imum under subsection (i).

24 ‘‘(f) TECHNICAL ASSISTANCE.—The Attorney Gen25 eral may provide technical assistance to States, units of
47

•S 899 IS

1 local government, Indian tribal governments, and other

2 public and private entities in furtherance of the purposes

3 of this part.

4 ‘‘(g) UTILIZATION OF COMPONENTS.—The Attorney

5 General may utilize any component or components of the

6 Department of Justice in carrying out this part.

7 ‘‘(h) MINIMUM AMOUNT.—

8 ‘‘(1) IN GENERAL.—Unless all applications sub9 mitted by any State and grantee within the State

10 pursuant to subsection (a) have been funded, each

11 qualifying State, together with grantees within the

12 State, shall receive in each fiscal year pursuant to

13 subsection (a) not less than 0.5 percent of the total

14 amount appropriated in the fiscal year for grants

15 pursuant to that subsection.

16 ‘‘(2) QUALIFYING STATE DEFINED.—In this

17 subsection, ‘qualifying State’ means any State which

18 has submitted an application for a grant, or in

19 which an eligible entity has submitted an application

20 for a grant, which meets the requirements prescribed

21 by the Attorney General and the conditions set out

22 in this part.

23 ‘‘(i) MATCHING FUNDS.—The portion of the costs of

24 a program, project, or activity provided by a grant under

25 subsection (a) may not exceed 75 percent, unless the At-
48

•S 899 IS

1 torney General waives, wholly or in part, the requirement

2 under this subsection of a non-Federal contribution to the

3 costs of a program, project, or activity. In relation to a

4 grant for a period exceeding 1 year for hiring or rehiring

5 career law enforcement officers, the Federal share shall

6 decrease from year to year for up to 5 years, looking to7 ward the continuation of the increased hiring level using

8 State or local sources of funding following the conclusion

9 of Federal support, as provided in an approved plan pur10 suant to section 1702(c)(8).

11 ‘‘(j) ALLOCATION OF FUNDS.—The funds available

12 under this part shall be allocated as provided in section

13 1001(a)(11)(B).’’.

14 SEC. 1202. APPLICATIONS FOR GRANTS.

15 Section 1702(c) of the Omnibus Crime Control and

16 Safe Streets Act of 1968 (42 U.S.C. 3796dd–1(c)) is

17 amended—

18 (1) in paragraph (8)—

19 (A) by striking ‘‘hiring or rehiring addi20 tional’’ and inserting ‘‘the hiring or retention

21 of’’; and

22 (B) by striking ‘‘hiring level’’ and inserting

23 ‘‘hiring or retention level’’; and

24 (2) in paragraph (10), by striking ‘‘community25 oriented’’ and all that follows and inserting ‘‘imple-
49

•S 899 IS

1 menting zero tolerance policing, crime mapping, and

2 command accountability programs to target high3 crime areas or, if applicable, improve law enforce4 ment presence and response time in rural areas;

5 and’’.

6 SEC. 1203. RENEWAL OF GRANTS.

7 (a) IN GENERAL.—Section 1703 of the Omnibus

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

9 3796dd–2) is amended—

10 (1) by striking ‘‘hiring or rehiring additional’’

11 each place it appears and inserting ‘‘the hiring or re12 tention of’’; and

13 (2) by striking ‘‘5 years’’ each place it appears

14 and inserting ‘‘4 years’’.

15 (b) CONFORMING AMENDMENT.—The subsection

16 heading of subsection (b) of that section is amended by

17 inserting ‘‘OR RETENTION’’ after ‘‘FOR HIRING’’.

18 SEC. 1204. LIMITATION ON USE OF FUNDS.

19 (a) IN GENERAL.—Section 1704(c) of the Omnibus

20 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

21 3796dd–3(c)) is amended—

22 (1) by striking ‘‘or rehiring’’; and

23 (2) by inserting ‘‘, and funding provided under

24 this part for retaining a career law enforcement offi-
50

•S 899 IS

1 cer under section 1701(b)(1)(B) may not exceed

2 $50,000,’’ after ‘‘$75,000’’.

3 (b) CONFORMING AMENDMENT.—The subsection

4 heading for that section is amended by inserting ‘‘AND RE5 TENTION’’ after ‘‘HIRING’’.

6 SEC. 1205. AUTHORIZATION OF APPROPRIATIONS.

7 Section 1001(a)(11) of the Omnibus Crime Control

8 and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is

9 amended—

10 (1) in subparagraph (A)—

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

12 (v);

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

14 clause (vi) and inserting ‘‘; and’’; and

15 (C) by adding at the end the following:

16 ‘‘(vii) $400,000,000 for each of fiscal years

17 2001 through 2005.’’; and

18 (2) in subparagraph (B)—

19 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’;

20 (B) by designating the third, fourth, and

21 fifth sentences as clauses (iii), (iv), and (v), re22 spectively, and in clause (iii), as so designated,

23 by striking ‘‘Of the remaining funds,’’ and in24 serting ‘‘Of the funds remaining after the appli25 cation of clauses (i) and (ii),’’; and
51

•S 899 IS

1 (C) by inserting after clause (i), as so des2 ignated, the following new clause:

3 ‘‘(ii) Of the funds remaining after the application of

4 clause (i), the Attorney General shall allocate up to 10

5 percent of the funds for grants to communities experi6 encing crime rates at least one and one half times greater

7 than the national average. Such grants shall be made

8 without regard to the requirements of section 1701(i).’’.

9 SEC. 1206. CLERICAL AMENDMENTS.

10 (a) PART HEADING.—The part heading for part Q

11 of title I of the Omnibus Crime Control and Safe Streets

12 Act of 1968 is amended to read as follows:

13 ‘‘PART Q—NEW MILLENNIUM PUBLIC

14 SAFETY AND POLICING GRANTS’’.

15 (b) TABLE OF CONTENTS.—The table of contents of

16 title I of that Act is amended by striking the items relating

17 to part Q and to section 1701 and inserting the following

18 new items:

‘‘PART Q—NEW MILLENNIUM PUBLIC SAFETY AND POLICING GRANTS

‘‘1701. Authority to make public safety and policing grants.’’.

19 Subtitle C—Crime Identification

20 Technology Act Improvements

21 SEC. 1301. FINDINGS.

22 Congress makes the following findings:
52

•S 899 IS

1 (1) The Crime Identification Technology Act of

2 1998 (title I of Public Law 105–251; 112 Stat.

3 1871; 42 U.S.C. 14601) was enacted on October 9,

4 1998, to assist State and local justice systems to de5 velop integrated criminal justice information systems

6 to manage and communicate criminal justice infor7 mation among law enforcement agencies, courts,

8 prosecutors, and corrections, as well as to upgrade

9 the Nation’s crime laboratories.

10 (2) The Crime Identification Technology Act of

11 1998 authorizes $250,000,000 for assistance to

12 States each year, for five years, for a broad range

13 of crime technology activities.

14 (3) State and local governments are at a crucial

15 juncture in the development and integration of their

16 criminal justice technology. The Crime Identification

17 Technology Act of 1998 provides for system integra18 tion for criminal justice purposes, permitting all

19 components of criminal justice to share information

20 and communicate more effectively, on a real-time

21 basis. Anticrime technology available today will allow

22 law enforcement to solve more crime, more rapidly,

23 and to pursue increasingly sophisticated, mobile

24 criminals.
53

•S 899 IS

1 (4) The Crime Identification Technology Act of

2 1998 also responds to the tremendous need to con3 solidate the patchwork of Federal programs, which

4 have funded specific areas of anticrime technology to

5 the exclusion of others. Between 1993 and 1998, the

6 Federal Government has provided more than

7 $1,000,000,000 for such technology through more

8 than 60 separate Federal programs.

9 (5) The Crime Identification Technology Act of

10 1998 offers a dedicated, coordinated stream of fund11 ing to help States develop and upgrade their

12 anticrime technology from the patchwork of existing

13 programs, integrate law enforcement and public

14 safety records and communications, and integrate

15 and interface with national criminal information and

16 public safety databases, thereby providing States the

17 flexibility to meet their current technology needs

18 consistent with Federal investments in national

19 databases for criminal records, automated finger20 prints, DNA, ballistics, and other technologies.

21 SEC. 1302. CRIME IDENTIFICATION TECHNOLOGY ACT IM22 PROVEMENTS.

23 (a) USE OF PROGRAM FUNDS FOR CRIME TRACKING

24 AND FORECASTING GRANTS.—Subsection (b) of section

25 102 of the Crime Identification Technology Act of 1998
54

•S 899 IS

1 (title I of Public Law 105–251; 112 Stat. 1871; 42 U.S.C.

2 14601) is amended—

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

4 (15);

5 (2) by striking the period at the end of para6 graph (16) and inserting ‘‘; and’’; and

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(17) systems to provide real-time information

10 about street crime in order to facilitate development

11 of crime forecasting models, crime analysis, and

12 other information to assist policing activities to ad13 dress and prevent crime.’’.

14 (b) INCREASED AUTHORIZATIONS FOR GRANTS

15 UNDER PROGRAM.—Subsection (e)(1) of that section is

16 amended by striking ‘‘this section’’ and all that follows

17 and inserting ‘‘this section:

18 ‘‘(A) $250,000,000 for fiscal year 1999.

19 ‘‘(B) $500,000,000 for each of fiscal years

20 2000 through 2003.’’.

21 SEC. 1303. VIOLENT OFFENDER DNA IDENTIFICATION.

22 (a) ELIMINATION OF CONVICTED OFFENDER DNA

23 BACKLOG.—

24 (1) DEVELOPMENT OF PLAN.—
55

•S 899 IS

1 (A) IN GENERAL.—Not later than 45 days

2 after the date of enactment of this Act, the Di3 rector of the Federal Bureau of Investigation,

4 in coordination with the Assistant Attorney

5 General of the Office of Justice Programs at

6 the Department of Justice, and after consulta7 tion with representatives of State and local fo8 rensic laboratories, shall develop a voluntary

9 plan to assist State and local forensic labora10 tories in performing DNA analyses of DNA

11 samples collected from convicted offenders.

12 (B) OBJECTIVE.—The objective of the plan

13 developed under subparagraph (A) shall be to

14 effectively eliminate the backlog of convicted of15 fender DNA samples awaiting analysis in State

16 or local forensic laboratory storage, including

17 samples that need to be reanalyzed using up18 graded methods, in an efficient, expeditious

19 manner that will provide for their entry into the

20 Combined DNA Indexing System (CODIS).

21 (2) PLAN CONDITIONS.—The plan developed

22 under paragraph (1) shall—

23 (A) require that each laboratory per24 forming DNA analyses satisfy quality assurance

25 standards and utilize state-of-the-art testing
56

•S 899 IS

1 methods, as set forth by the Director of the

2 Federal Bureau of Investigation, in coordina3 tion with the Assistant Attorney General of the

4 Office of Justice Programs of the Department

5 of Justice; and

6 (B) require that each DNA sample col7 lected and analyzed be accessible only—

8 (i) to criminal justice agencies for law

9 enforcement identification purposes;

10 (ii) in judicial proceedings, if other11 wise admissible pursuant to applicable

12 statutes or rules;

13 (iii) for criminal defense purposes, to

14 a defendant, who shall have access to sam15 ples and analyses performed in connection

16 with the case in which such defendant is

17 charged; or

18 (iv) if personally identifiable informa19 tion is removed, for a population statistics

20 database, for identification research and

21 protocol development purposes, or for qual22 ity control purposes.

23 (3) IMPLEMENTATION OF PLAN.—Subject to

24 the availability of appropriations under paragraph

25 (4), the Director of the Federal Bureau of Investiga-
57

•S 899 IS

1 tion, in coordination with the Assistant Attorney

2 General of the Office of Justice Programs at the De3 partment of Justice, shall implement the plan devel4 oped pursuant to paragraph (1) with State and local

5 forensic laboratories that elect to participate.

6 (4) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated to the De8 partment of Justice to carry out this subsection

9 $15,000,000 for each of fiscal years 2000 and 2001.

10 (b) EXPANSION OF DNA IDENTIFICATION INDEX.—

11 Section 811(a)(2) of the Antiterrorism and Effective

12 Death Penalty Act of 1996 (28 U.S.C. 531 note) is

13 amended to read as follows:

14 ‘‘(2) the Director of the Federal Bureau of In15 vestigation shall expand the combined DNA Identi16 fication System (CODIS) to include information on

17 DNA identification records and analyses related to

18 criminal offenses and acts of juvenile delinquency

19 under Federal law, the Uniform Code of Military

20 Justice, and the District of Columbia Code, in ac21 cordance with section 210304 of the Violent Crime

22 Control and Law Enforcement Act of 1994 (42

23 U.S.C. 14132).’’.

24 (c) INDEX TO FACILITATE LAW ENFORCEMENT EX25 CHANGE OF DNA IDENTIFICATION INFORMATION.—Sec-
58

•S 899 IS

1 tion 210304 of the Violent Crime Control and Law En2 forcement Act of 1994 (42 U.S.C. 14132) is amended—

3 (1) in subsection (a)(1), by striking ‘‘persons

4 convicted of crimes’’ and inserting ‘‘individuals con5 victed of criminal offenses or adjudicated delinquent

6 for acts of juvenile delinquency, including qualifying

7 offenses (as defined in subsection (d)(1))’’;

8 (2) in subsection (b)(2), by striking ‘‘, at reg9 ular intervals of not to exceed 180 days,’’ and insert10 ing ‘‘semiannual’’; and

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

12 ‘‘(d) INCLUSION OF DNA INFORMATION RELATING

13 TO VIOLENT OFFENDERS.—

14 ‘‘(1) DEFINITIONS.—In this subsection—

15 ‘‘(A) the term ‘crime of violence’ has the

16 meaning given such term in section 924(c)(3) of

17 title 18, United States Code; and

18 ‘‘(B) the term ‘qualifying offense’ means a

19 criminal offense or act of juvenile delinquency

20 included on the list established by the Director

21 of the Federal Bureau of Investigation under

22 paragraph (2)(A)(i).

23 ‘‘(2) REGULATIONS.—

24 ‘‘(A) IN GENERAL.—Not later than 90

25 days after the date of enactment of this sub-
59

•S 899 IS

1 section, and at the discretion of the Director

2 thereafter, the Director of the Federal Bureau

3 of Investigation, in consultation with the Direc4 tor of the Bureau of Prisons, the Director of

5 the Court Services and Offender Supervision

6 Agency for the District of Columbia or the

7 Trustee appointed under section 11232(a) of

8 the Balanced Budget Act of 1997 (as appro9 priate), and the Chief of Police of the Metro10 politan Police Department of the District of Co11 lumbia, shall by regulation establish—

12 ‘‘(i) a list of qualifying offenses; and

13 ‘‘(ii) standards and procedures for—

14 ‘‘(I) the analysis of DNA samples

15 collected from individuals convicted of

16 or adjudicated delinquent for a quali17 fying offense;

18 ‘‘(II) the inclusion in the index

19 established by this section of the DNA

20 identification records and DNA anal21 yses relating to the DNA samples de22 scribed in subclause (I); and

23 ‘‘(III) the expungement of DNA

24 identification records and DNA anal25 yses described in subclause (II) from
60

•S 899 IS

1 the index established by this section in

2 any circumstance in which the under3 lying conviction or adjudication for

4 the qualifying offense has been re5 versed or expunged.

6 ‘‘(B) OFFENSES INCLUDED.—The list es7 tablished under subparagraph (A)(i) shall

8 include—

9 ‘‘(i) each criminal offense or act of ju10 venile delinquency under Federal law

11 that—

12 ‘‘(I) constitutes a crime of vio13 lence; or

14 ‘‘(II) in the case of an act of ju15 venile delinquency, would, if com16 mitted by an adult, constitute a crime

17 of violence;

18 ‘‘(ii) each criminal offense under the

19 District of Columbia Code that would, if

20 committed in the special maritime and ter21 ritorial jurisdiction of the United States,

22 constitute a crime of violence; and

23 ‘‘(iii) any other felony offense under

24 Federal law or the District of Columbia
61

•S 899 IS

1 Code, as determined by the Director of the

2 Federal Bureau of Investigation.

3 ‘‘(3) FEDERAL OFFENDERS.—

4 ‘‘(A) COLLECTION OF SAMPLES FROM FED5 ERAL PRISONERS.—

6 ‘‘(i) IN GENERAL.—Beginning 180

7 days after the date of enactment of this

8 subsection, the Director of the Bureau of

9 Prisons shall collect a DNA sample from

10 each individual in the custody of the Bu11 reau of Prisons who has been convicted of

12 or adjudicated delinquent for a qualifying

13 offense.

14 ‘‘(ii) TIME AND MANNER.—The Direc15 tor of the Bureau of Prisons shall specify

16 the time and manner of collection of DNA

17 samples under this subparagraph.

18 ‘‘(B) COLLECTION OF SAMPLES FROM

19 FEDERAL OFFENDERS ON SUPERVISED RE20 LEASE, PAROLE, OR PROBATION.—

21 ‘‘(i) IN GENERAL.—Beginning 180

22 days after the date of enactment of this

23 subsection, the agency responsible for the

24 supervision under Federal law of an indi25 vidual on supervised release, parole, or pro-
62

•S 899 IS

1 bation (other than an individual described

2 in paragraph (4)(B)(i)) shall collect a

3 DNA sample from each individual who has

4 been convicted of or adjudicated delinquent

5 for a qualifying offense.

6 ‘‘(ii) TIME AND MANNER.—The Direc7 tor of the Administrative Office of the

8 United States Courts shall specify the time

9 and manner of collection of DNA samples

10 under this subparagraph.

11 ‘‘(4) DISTRICT OF COLUMBIA OFFENDERS.—

12 ‘‘(A) OFFENDERS IN CUSTODY OF DIS13 TRICT OF COLUMBIA.—

14 ‘‘(i) IN GENERAL.—The Government

15 of the District of Columbia may—

16 ‘‘(I) identify 1 or more categories

17 of individuals who are in the custody

18 of, or under supervision by, the Dis19 trict of Columbia, from whom DNA

20 samples should be collected; and

21 ‘‘(II) collect a DNA sample from

22 each individual in any category identi23 fied under clause (i).

24 ‘‘(ii) DEFINITION.—In this subpara25 graph, the term ‘individuals in the custody
63

•S 899 IS

1 of, or under supervision by, the District of

2 Columbia’—

3 ‘‘(I) includes any individual in

4 the custody of, or under supervision

5 by, any agency of the Government of

6 the District of Columbia; and

7 ‘‘(II) does not include an indi8 vidual who is under the supervision of

9 the Director of the Court Services and

10 Offender Supervision Agency for the

11 District of Columbia or the Trustee

12 appointed under section 11232(a) of

13 the Balanced Budget Act of 1997.

14 ‘‘(B) OFFENDERS ON SUPERVISED RE15 LEASE, PROBATION, OR PAROLE.—

16 ‘‘(i) IN GENERAL.—Beginning 180

17 days after the date of enactment of this

18 subsection, the Director of the Court Serv19 ices and Offender Supervision Agency for

20 the District of Columbia, or the Trustee

21 appointed under section 11232(a) of the

22 Balanced Budget Act of 1997, as appro23 priate, shall collect a DNA sample from

24 each individual under the supervision of

25 the Agency or Trustee, respectively, who is
64

•S 899 IS

1 on supervised release, parole, or probation

2 who has been convicted of or adjudicated

3 delinquent for a qualifying offense.

4 ‘‘(ii) TIME AND MANNER.—The Direc5 tor or the Trustee, as appropriate, shall

6 specify the time and manner of collection

7 of DNA samples under this subparagraph.

8 ‘‘(5) WAIVER; COLLECTION PROCEDURES.—

9 Notwithstanding any other provision of this sub10 section, a person or agency responsible for the col11 lection of DNA samples under this subsection may—

12 ‘‘(A) waive the collection of a sample from

13 an individual under this subsection if another

14 person or agency has collected such a sample

15 from the individual under this subsection or

16 subsection (e); and

17 ‘‘(B) use or authorize the use of such

18 means as are necessary to restrain and collect

19 a DNA sample from an individual who refuses

20 to cooperate in the collection of the sample.

21 ‘‘(e) INCLUSION OF DNA INFORMATION RELATING

22 TO VIOLENT MILITARY OFFENDERS.—

23 ‘‘(1) IN GENERAL.—Not later than 120 days

24 after the date of enactment of this subsection, the
65

•S 899 IS

1 Secretary of Defense shall prescribe regulations

2 that—

3 ‘‘(A) specify categories of conduct punish4 able under the Uniform Code of Military Jus5 tice (referred to in this subsection as ‘qualifying

6 military offenses’) that are comparable to quali7 fying offenses (as defined in subsection (d)(1));

8 and

9 ‘‘(B) set forth standards and procedures

10 for—

11 ‘‘(i) the analysis of DNA samples col12 lected from individuals convicted of a

13 qualifying military offense;

14 ‘‘(ii) the inclusion in the index estab15 lished by this section of the DNA identi16 fication records and DNA analyses relating

17 to the DNA samples described in clause

18 (i); and

19 ‘‘(iii) the expungement of DNA identi20 fication records and DNA analyses de21 scribed in clause (ii) from the index estab22 lished by this section in any circumstance

23 in which the underlying conviction for the

24 qualifying military offense has been re-
66

•S 899 IS

1 versed or the underlying record has been

2 expunged for any other reason.

3 ‘‘(2) COLLECTION OF SAMPLES.—

4 ‘‘(A) IN GENERAL.—Beginning 180 days

5 after the date of enactment of this subsection,

6 the Secretary of Defense shall collect a DNA

7 sample from each individual under the jurisdic8 tion of the Secretary of a military department

9 who has been convicted of a qualifying military

10 offense.

11 ‘‘(B) TIME AND MANNER.—The Secretary

12 of Defense shall specify the time and manner of

13 collection of DNA samples under this para14 graph.

15 ‘‘(3) WAIVER; COLLECTION PROCEDURES.—

16 Notwithstanding any other provision of this sub17 section, the Secretary of Defense may—

18 ‘‘(A) waive the collection of a sample from

19 an individual under this subsection if another

20 person or agency has collected such a sample

21 from the individual under subsection (d); and

22 ‘‘(B) use or authorize the use of such

23 means as are necessary to restrain and collect

24 a DNA sample from an individual who refuses

25 to cooperate in the collection of the sample.
67

•S 899 IS

1 ‘‘(f) CRIMINAL PENALTY.—

2 ‘‘(1) IN GENERAL.—An individual from whom

3 the collection of a DNA sample is required under

4 subsection (d) who fails to cooperate in the collection

5 of that sample shall be—

6 ‘‘(A) guilty of a class A misdemeanor; and

7 ‘‘(B) punished in accordance with title 18,

8 United States Code.

9 ‘‘(2) MILITARY OFFENDERS.—An individual

10 from whom the collection of a DNA sample is re11 quired under subsection (e) who fails to cooperate in

12 the collection of that sample may be punished as a

13 court martial may direct as a violation of the Uni14 form Code of Military Justice.

15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated—

17 ‘‘(1) to the Department of Justice to carry out

18 subsection (d) of this section (including to reimburse

19 the Federal judiciary for any reasonable costs in20 curred in implementing such subsection, as deter21 mined by the Attorney General) and section 1303(e)

22 of the New Millennium Law Enforcement Assistance

23 Act—

24 ‘‘(A) $6,600,000 for fiscal year 2000; and
68

•S 899 IS

1 ‘‘(B) such sums as may be necessary for

2 each of fiscal years 2001 through 2004;

3 ‘‘(2) to the Court Services and Offender Super4 vision Agency for the District of Columbia or the

5 Trustee appointed under section 11232(a) of the

6 Balanced Budget Act of 1997 (as appropriate), such

7 sums as may be necessary for each of fiscal years

8 2000 through 2004; and

9 ‘‘(3) to the Department of Defense to carry out

10 subsection (e)—

11 ‘‘(A) $600,000 for fiscal year 2000; and

12 ‘‘(B) $300,000 for each of fiscal years

13 2001 through 2004.’’.

14 (d) CONDITIONS OF RELEASE.—

15 (1) CONDITIONS OF PROBATION.—Section

16 3563(a) of title 18, United States Code, is

17 amended—

18 (A) in paragraph (7), by striking ‘‘and’’ at

19 the end;

20 (B) in paragraph (8), by striking the pe21 riod at the end and inserting ‘‘; and’’; and

22 (C) by inserting after paragraph (8) the

23 following:

24 ‘‘(9) that the defendant cooperate in the collec25 tion of a DNA sample from the defendant if the col-
69

•S 899 IS

1 lection of such a sample is required pursuant to sec2 tion 210304 of the Violent Crime Control and Law

3 Enforcement Act of 1994 (42 U.S.C. 14132).’’.

4 (2) CONDITIONS OF SUPERVISED RELEASE.—

5 Section 3583(d) of title 18, United States Code, is

6 amended by inserting before ‘‘The court shall also

7 order’’ the following: ‘‘The court shall order, as an

8 explicit condition of supervised release, that the de9 fendant cooperate in the collection of a DNA sample

10 from the defendant, if the collection of such a sam11 ple is required pursuant to section 210304 of the

12 Violent Crime Control and Law Enforcement Act of

13 1994 (42 U.S.C. 14132).’’.

14 (3) CONDITIONS OF RELEASE GENERALLY.—If

15 the collection of a DNA sample from an individual

16 on probation, parole, or supervised release (including

17 an individual on parole pursuant to chapter 311 of

18 title 18, United States Code, as in effect on October

19 30, 1997) is required pursuant to section 210304 of

20 the Violent Crime Control and Law Enforcement

21 Act of 1994 (42 U.S.C. 14132), and the sample has

22 not otherwise been collected, the individual shall co23 operate in the collection of a DNA sample as a con24 dition of that probation, parole, or supervised re25 lease.
70

•S 899 IS

1 (e) REPORT AND EVALUATION.—Not later than 1

2 year after the date of enactment of this Act, the Attorney

3 General, acting through the Assistant Attorney General

4 for the Office of Justice Programs of the Department of

5 Justice and the Director of the Federal Bureau of Inves6 tigation, shall—

7 (1) conduct an evaluation to—

8 (A) identify criminal offenses, including of9 fenses other than qualifying offenses (as defined

10 in section 210304(d)(1) of the Violent Crime

11 Control and Law Enforcement Act of 1994 (42

12 U.S.C. 14132(d)(1)), as added by this section)

13 that, if serving as a basis for the mandatory

14 collection of a DNA sample under section

15 210304 of the Violent Crime Control and Law

16 Enforcement Act of 1994 (42 U.S.C. 14132) or

17 under State law, are likely to yield DNA

18 matches, and the relative degree of such likeli19 hood with respect to each such offense; and

20 (B) determine the number of investigations

21 aided (including the number of suspects

22 cleared), and the rates of prosecution and con23 viction of suspects identified through DNA

24 matching; and
71

•S 899 IS

1 (2) submit to Congress a report describing the

2 results of the evaluation under paragraph (1).

3 (f) TECHNICAL AND CONFORMING AMENDMENTS.—

4 (1) DRUG CONTROL AND SYSTEM IMPROVE5 MENT GRANTS.—Section 503(a)(12)(C) of title I of

6 the Omnibus Crime Control and Safe Streets Act of

7 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by

8 striking ‘‘, at regular intervals of not to exceed 180

9 days,’’ and inserting ‘‘semiannual’’.

10 (2) DNA IDENTIFICATION GRANTS.—Section

11 2403(3) of title I of the Omnibus Crime Control and

12 Safe Streets Act of 1968 (42 U.S.C. 3796kk–2(3))

13 is amended by striking ‘‘, at regular intervals not ex14 ceeding 180 days,’’ and inserting ‘‘semiannual’’.

15 (3) FEDERAL BUREAU OF INVESTIGATION.—

16 Section 210305(a)(1)(A) of the Violent Crime Con17 trol and Law Enforcement Act of 1994 (42 U.S.C.

18 14133(a)(1)(A)) is amended by striking ‘‘, at reg19 ular intervals of not to exceed 180 days,’’ and insert20 ing ‘‘semiannual’’.
72

•S 899 IS

1 Subtitle D—Protection of State and

2 Local Police and Corrections Of3 ficers

4 CHAPTER 1—STATE CORRECTIONAL

5 OFFICERS AND OTHER STATE OFFICIALS

6 SEC. 1401. KILLING PERSONS AIDING FEDERAL INVESTIGA7 TIONS OR STATE CORRECTIONAL OFFICERS.

8 Section 1121 of title 18, United States Code, is

9 amended—

10 (1) in subsection (a)(1), in the matter pre11 ceding subparagraph (A), by inserting ‘‘, State, or

12 joint Federal-State’’ after ‘‘a Federal’’; and

13 (2) in subsection (b)(3)—

14 (A) in subparagraph (A), by striking ‘‘or’’

15 at the end;

16 (B) in subparagraph (B), by striking the

17 period at the end and inserting ‘‘; or’’; and

18 (C) by adding at the end the following:

19 ‘‘(C) the incarcerated person is incarcer20 ated pending an initial appearance, arraign21 ment, trial, or appeal for an offense against the

22 United States.’’.
73

•S 899 IS

1 CHAPTER 2—ACCESS TO BODY ARMOR;

2 DONATIONS OF BODY ARMOR

3 SEC. 1411. SHORT TITLE.

4 This chapter may be cited as the ‘‘James Guelff Body

5 Armor Act of 1999’’.

6 SEC. 1412. FINDINGS.

7 Congress finds that—

8 (1) nationally, police officers and ordinary citi9 zens are facing increased danger as criminals use

10 more deadly weaponry, body armor, and other so11 phisticated assault gear;

12 (2) recent incidents, such as the murder of San

13 Francisco Police Officer James Guelff by an assail14 ant wearing 2 layers of body armor and a 1997

15 bank shoot out in north Hollywood, California, be16 tween police and 2 heavily armed suspects outfitted

17 in body armor, demonstrate the serious threat to

18 community safety posed by criminals who wear body

19 armor during the commission of a violent crime;

20 (3) of the approximately 1,200 officers killed in

21 the line of duty since 1980, more than 30 percent

22 could have been saved by body armor, and the risk

23 of dying from gunfire is 14 times higher for an offi24 cer without a bulletproof vest;
74

•S 899 IS

1 (4) the Department of Justice has estimated

2 that 25 percent of State and local police are not

3 issued body armor; and

4 (5) the Federal Government is well-equipped to

5 grant local police departments access to body armor

6 that is no longer needed by Federal agencies.

7 SEC. 1413. DEFINITIONS.

8 In this chapter:

9 (1) BODY ARMOR.—The term ‘‘body armor’’

10 means any product sold or offered for sale, in inter11 state or foreign commerce, as personal protective

12 body covering intended to protect against gunfire,

13 regardless of whether the product is to be worn

14 alone or is sold as a complement to another product

15 or garment.

16 (2) LAW ENFORCEMENT AGENCY.—The term

17 ‘‘law enforcement agency’’ means an agency of the

18 United States, a State, or a political subdivision of

19 a State, authorized by law or by a government agen20 cy to engage in or supervise the prevention, detec21 tion, investigation, or prosecution of any violation of

22 criminal law.

23 (3) LAW ENFORCEMENT OFFICER.—The term

24 ‘‘law enforcement officer’’ means any officer, agent,

25 or employee of the United States, a State, or a polit-
75

•S 899 IS

1 ical subdivision of a State, authorized by law or by

2 a government agency to engage in or supervise the

3 prevention, detection, investigation, or prosecution of

4 any violation of criminal law.

5 SEC. 1414. AMENDMENT OF SENTENCING GUIDELINES

6 WITH RESPECT TO BODY ARMOR.

7 (a) SENTENCING ENHANCEMENT.—The United

8 States Sentencing Commission shall amend the Federal

9 sentencing guidelines to provide an appropriate sentencing

10 enhancement, increasing the offense level not less than 2

11 levels, for any offense in which the defendant used body

12 armor.

13 (b) APPLICABILITY.—No amendment made to the

14 Federal Sentencing Guidelines pursuant to this section

15 shall apply if the Federal offense in which the body armor

16 is used constitutes a violation of, attempted violation of,

17 or conspiracy to violate the civil rights of any person by

18 a law enforcement officer acting under color of the author19 ity of such law enforcement officer.

20 SEC. 1415. DONATION OF FEDERAL SURPLUS BODY ARMOR

21 TO STATE AND LOCAL LAW ENFORCEMENT

22 AGENCIES.

23 (a) DEFINITIONS.—In this section, the terms ‘‘Fed24 eral agency’’ and ‘‘surplus property’’ have the meanings
76

•S 899 IS

1 given such terms under section 3 of the Federal Property

2 and Administrative Services Act of 1949 (40 U.S.C. 472).

3 (b) DONATION OF BODY ARMOR.—Notwithstanding

4 section 203 of the Federal Property and Administrative

5 Services Act of 1949 (40 U.S.C. 484), the head of a Fed6 eral agency may donate body armor directly to any State

7 or local law enforcement agency, if such body armor is—

8 (1) in serviceable condition; and

9 (2) surplus property.

10 (c) NOTICE TO ADMINISTRATOR.—The head of a

11 Federal agency who donates body armor under this section

12 shall submit to the Administrator of General Services a

13 written notice identifying the amount of body armor do14 nated and each State or local law enforcement agency that

15 received the body armor.

16 (d) DONATION BY CERTAIN OFFICERS.—

17 (1) DEPARTMENT OF JUSTICE.—In the admin18 istration of this section with respect to the Depart19 ment of Justice, in addition to any other officer of

20 the Department of Justice designated by the Attor21 ney General, the following officers may act as the

22 head of a Federal agency:

23 (A) The Administrator of the Drug En24 forcement Administration.
77

•S 899 IS

1 (B) The Director of the Federal Bureau of

2 Investigation.

3 (C) The Commissioner of the Immigration

4 and Naturalization Service.

5 (D) The Director of the United States

6 Marshals Service.

7 (2) DEPARTMENT OF THE TREASURY.—In the

8 administration of this section with respect to the De9 partment of the Treasury, in addition to any other

10 officer of the Department of the Treasury des11 ignated by the Secretary of the Treasury, the fol12 lowing officers may act as the head of a Federal

13 agency:

14 (A) The Director of the Bureau of Alcohol,

15 Tobacco, and Firearms.

16 (B) The Commissioner of Customs.

17 (C) The Director of the United States Se18 cret Service.

19 CHAPTER 3—GRANT PROGRAMS FOR PUR20 CHASE OF BODY ARMOR AND VIDEO

21 CAMERAS

22 SEC. 1421. FINDINGS; PURPOSE.

23 (a) FINDINGS.—Congress finds that—

24 (1) Officer Dale Claxton of the Cortez, Colo25 rado, Police Department was shot and killed by bul-
78

•S 899 IS

1 lets that passed through the windshield of his police

2 car after he stopped a stolen truck, and his life may

3 have been saved if his police car had been equipped

4 with bullet resistant equipment;

5 (2) the number of law enforcement officers who

6 are killed in the line of duty would significantly de7 crease if every law enforcement officer in the United

8 States had access to additional bullet resistant

9 equipment;

10 (3) according to studies, between 1985 and

11 1994, 709 law enforcement officers in the United

12 States were feloniously killed in the line of duty;

13 (4) the Federal Bureau of Investigation esti14 mates that the risk of fatality to law enforcement of15 ficers while not wearing bullet resistant equipment,

16 such as an armor vest, is 14 times higher than for

17 officers wearing an armor vest;

18 (5) according to studies, between 1985 and

19 1994, bullet-resistant materials helped save the lives

20 of more than 2,000 law enforcement officers in the

21 United States; and

22 (6) the Executive Committee for Indian Coun23 try Law Enforcement Improvements reports that

24 violent crime in Indian country has risen sharply de25 spite a decrease in the national crime rate, and has
79

•S 899 IS

1 concluded that there is a ‘‘public safety crisis in In2 dian country’’.

3 (b) PURPOSE.—The purpose of this chapter is to save

4 lives of law enforcement officers by helping State, local,

5 and tribal law enforcement agencies provide officers with

6 bullet resistant equipment and video cameras.

7 SEC. 1422. MATCHING GRANT PROGRAMS FOR LAW EN8 FORCEMENT BULLET RESISTANT EQUIP9 MENT AND FOR VIDEO CAMERAS.

10 (a) IN GENERAL.—Part Y of title I of the Omnibus

11 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

12 3796ll et seq.) is amended—

13 (1) by striking the part designation and part

14 heading and inserting the following:

15 ‘‘PART Y—MATCHING GRANT PROGRAMS

16 FOR LAW ENFORCEMENT

17 ‘‘Subpart A—Grant Program For Armor

18 Vests’’;

19 (2) by striking ‘‘this part’’ each place it appears

20 and inserting ‘‘this subpart’’; and

21 (3) by adding at the end the following:
80

•S 899 IS

1 ‘‘Subpart B—Grant Program For Bullet

2 Resistant Equipment

3 ‘‘SEC. 2511. PROGRAM AUTHORIZED.

4 ‘‘(a) IN GENERAL.—The Director of the Bureau of

5 Justice Assistance is authorized to make grants to

6 States, units of local government, and Indian tribes to

7 purchase bullet resistant equipment for use by State,

8 local, and tribal law enforcement officers.

9 ‘‘(b) USES OF FUNDS.—Grants awarded under this

10 section shall be—

11 ‘‘(1) distributed directly to the State, unit of

12 local government, or Indian tribe; and

13 ‘‘(2) used for the purchase of bullet resistant

14 equipment for law enforcement officers in the juris15 diction of the grantee.

16 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding

17 grants under this subpart, the Director of the Bureau of

18 Justice Assistance may give preferential consideration, if

19 feasible, to an application from a jurisdiction that—

20 ‘‘(1) has the greatest need for bullet resistant

21 equipment based on the percentage of law enforce22 ment officers in the department who do not have ac23 cess to a vest;
81

•S 899 IS

1 ‘‘(2) has a violent crime rate at or above the

2 national average as determined by the Federal Bu3 reau of Investigation; or

4 ‘‘(3) has not received a block grant under the

5 Local Law Enforcement Block Grant program de6 scribed under the heading ‘Violent Crime Reduction

7 Programs, State and Local Law Enforcement As8 sistance’ of the Departments of Commerce, Justice,

9 and State, the Judiciary, and Related Agencies Ap10 propriations Act, 1998 (Public Law 105–119).

11 ‘‘(d) MINIMUM AMOUNT.—Unless all eligible applica12 tions submitted by any State or unit of local government

13 within such State for a grant under this section have been

14 funded, such State, together with grantees within the

15 State (other than Indian tribes), shall be allocated in each

16 fiscal year under this section not less than 0.50 percent

17 of the total amount appropriated in the fiscal year for

18 grants pursuant to this section except that the United

19 States Virgin Islands, American Samoa, Guam, and the

20 Northern Mariana Islands shall each be allocated .25 per21 cent.

22 ‘‘(e) MAXIMUM AMOUNT.—A qualifying State, unit of

23 local government, or Indian tribe may not receive more

24 than 5 percent of the total amount appropriated in each

25 fiscal year for grants under this section, except that a
82

•S 899 IS

1 State, together with the grantees within the State may not

2 receive more than 20 percent of the total amount appro3 priated in each fiscal year for grants under this section.

4 ‘‘(f) MATCHING FUNDS.—The portion of the costs of

5 a program provided by a grant under subsection (a) may

6 not exceed 50 percent. Any funds appropriated by Con7 gress for the activities of any agency of an Indian tribal

8 government or the Bureau of Indian Affairs performing

9 law enforcement functions on any Indian lands may be

10 used to provide the non-Federal share of a matching re11 quirement funded under this subsection.

12 ‘‘(g) ALLOCATION OF FUNDS.—At least half of the

13 funds available under this subpart shall be awarded to

14 units of local government with fewer than 100,000 resi15 dents.

16 ‘‘SEC. 2512. APPLICATIONS.

17 ‘‘(a) IN GENERAL.—To request a grant under this

18 subpart, the chief executive of a State, unit of local gov19 ernment, or Indian tribe shall submit an application to

20 the Director of the Bureau of Justice Assistance in such

21 form and containing such information as the Director may

22 reasonably require.

23 ‘‘(b) REGULATIONS.—Not later than 90 days after

24 the date of the enactment of this subpart, the Director

25 of the Bureau of Justice Assistance shall promulgate regu-
83

•S 899 IS

1 lations to implement this section (including the informa2 tion that must be included and the requirements that the

3 States, units of local government, and Indian tribes must

4 meet) in submitting the applications required under this

5 section.

6 ‘‘(c) ELIGIBILITY.—A unit of local government that

7 receives funding under the Local Law Enforcement Block

8 Grant program (described under the heading ‘Violent

9 Crime Reduction Programs, State and Local Law En10 forcement Assistance’ of the Departments of Commerce,

11 Justice, and State, the Judiciary, and Related Agencies

12 Appropriations Act, 1998 (Public Law 104–119)) during

13 a fiscal year in which it submits an application under this

14 subpart shall not be eligible for a grant under this subpart

15 unless the chief executive officer of such unit of local gov16 ernment certifies and provides an explanation to the Di17 rector that the unit of local government considered or will

18 consider using funding received under the block grant pro19 gram for any or all of the costs relating to the purchase

20 of bullet resistant equipment, but did not, or does not ex21 pect to use such funds for such purpose.

22 ‘‘SEC. 2513. DEFINITIONS.

23 ‘‘In this subpart—

24 ‘‘(1) the term ‘equipment’ means windshield

25 glass, car panels, shields, and protective gear;
84

•S 899 IS

1 ‘‘(2) the term ‘State’ means each of the 50

2 States, the District of Columbia, the Commonwealth

3 of Puerto Rico, the United States Virgin Islands,

4 American Samoa, Guam, and the Northern Mariana

5 Islands;

6 ‘‘(3) the term ‘unit of local government’ means

7 a county, municipality, town, township, village, par8 ish, borough, or other unit of general government

9 below the State level;

10 (4) the term ‘Indian tribe’ has the same mean11 ing as in section 4(e) of the Indian Self-Determina12 tion and Education Assistance Act (25 U.S.C.

13 450b(e)); and

14 ‘‘(5) the term ‘law enforcement officer’ means

15 any officer, agent, or employee of a State, unit of

16 local government, or Indian tribe authorized by law

17 or by a government agency to engage in or supervise

18 the prevention, detection, or investigation of any vio19 lation of criminal law, or authorized by law to super20 vise sentenced criminal offenders.

21 ‘‘Subpart C—Grant Program For Video

22 Cameras

23 ‘‘SEC. 2521. PROGRAM AUTHORIZED.

24 ‘‘(a) IN GENERAL.—The Director of the Bureau of

25 Justice Assistance is authorized to make grants to States,
85

•S 899 IS

1 units of local government, and Indian tribes to purchase

2 video cameras for use by State, local, and tribal law en3 forcement agencies in law enforcement vehicles.

4 ‘‘(b) USES OF FUNDS.—Grants awarded under this

5 section shall be—

6 ‘‘(1) distributed directly to the State, unit of

7 local government, or Indian tribe; and

8 ‘‘(2) used for the purchase of video cameras for

9 law enforcement vehicles in the jurisdiction of the

10 grantee.

11 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding

12 grants under this subpart, the Director of the Bureau of

13 Justice Assistance may give preferential consideration, if

14 feasible, to an application from a jurisdiction that—

15 ‘‘(1) has the greatest need for video cameras,

16 based on the percentage of law enforcement officers

17 in the department do not have access to a law en18 forcement vehicle equipped with a video camera;

19 ‘‘(2) has a violent crime rate at or above the

20 national average as determined by the Federal Bu21 reau of Investigation; or

22 ‘‘(3) has not received a block grant under the

23 Local Law Enforcement Block Grant program de24 scribed under the heading ‘Violent Crime Reduction

25 Programs, State and Local Law Enforcement As-
86

•S 899 IS

1 sistance’ of the Departments of Commerce, Justice,

2 and State, the Judiciary, and Related Agencies Ap3 propriations Act, 1998 (Public Law 105–119).

4 ‘‘(d) MINIMUM AMOUNT.—Unless all eligible applica5 tions submitted by any State or unit of local government

6 within such State for a grant under this section have been

7 funded, such State, together with grantees within the

8 State (other than Indian tribes), shall be allocated in each

9 fiscal year under this section not less than 0.50 percent

10 of the total amount appropriated in the fiscal year for

11 grants pursuant to this section, except that the United

12 States Virgin Islands, American Samoa, Guam, and the

13 Northern Mariana Islands shall each be allocated 0.25

14 percent.

15 ‘‘(e) MAXIMUM AMOUNT.—A qualifying State, unit of

16 local government, or Indian tribe may not receive more

17 than 5 percent of the total amount appropriated in each

18 fiscal year for grants under this section, except that a

19 State, together with the grantees within the State may not

20 receive more than 20 percent of the total amount appro21 priated in each fiscal year for grants under this section.

22 ‘‘(f) MATCHING FUNDS.—The portion of the costs of

23 a program provided by a grant under subsection (a) may

24 not exceed 50 percent. Any funds appropriated by Con25 gress for the activities of any agency of an Indian tribal
87

•S 899 IS

1 government or the Bureau of Indian Affairs performing

2 law enforcement functions on any Indian lands may be

3 used to provide the non-Federal share of a matching re4 quirement funded under this subsection.

5 ‘‘(g) ALLOCATION OF FUNDS.—At least half of the

6 funds available under this subpart shall be awarded to

7 units of local government with fewer than 100,000 resi8 dents.

9 ‘‘SEC. 2522. APPLICATIONS.

10 ‘‘(a) IN GENERAL.—To request a grant under this

11 subpart, the chief executive of a State, unit of local gov12 ernment, or Indian tribe shall submit an application to

13 the Director of the Bureau of Justice Assistance in such

14 form and containing such information as the Director may

15 reasonably require.

16 ‘‘(b) REGULATIONS.—Not later than 90 days after

17 the date of the enactment of this subpart, the Director

18 of the Bureau of Justice Assistance shall promulgate regu19 lations to implement this section (including the informa20 tion that must be included and the requirements that the

21 States, units of local government, and Indian tribes must

22 meet) in submitting the applications required under this

23 section.

24 ‘‘(c) ELIGIBILITY.—A unit of local government that

25 receives funding under the Local Law Enforcement Block
88

•S 899 IS

1 Grant program (described under the heading ‘Violent

2 Crime Reduction Programs, State and Local Law En3 forcement Assistance’ of the Departments of Commerce,

4 Justice, and State, the Judiciary, and Related Agencies

5 Appropriations Act, 1998 (Public Law 105–119)) during

6 a fiscal year in which it submits an application under this

7 subpart shall not be eligible for a grant under this subpart

8 unless the chief executive officer of such unit of local gov9 ernment certifies and provides an explanation to the Di10 rector that the unit of local government considered or will

11 consider using funding received under the block grant pro12 gram for any or all of the costs relating to the purchase

13 of video cameras, but did not, or does not expect to use

14 such funds for such purpose.

15 ‘‘SEC. 2523. DEFINITIONS.

16 ‘‘In this subpart—

17 ‘‘(1) the term ‘Indian tribe’ has the same mean18 ing as in section 4(e) of the Indian Self-Determina19 tion and Education Assistance Act (25 U.S.C.

20 450b(e));

21 ‘‘(2) the term ‘law enforcement officer’ means

22 any officer, agent, or employee of a State, unit of

23 local government, or Indian tribe authorized by law

24 or by a government agency to engage in or supervise

25 the prevention, detection, or investigation of any vio-
89

•S 899 IS

1 lation of criminal law, or authorized by law to super2 vise sentenced criminal offenders;

3 ‘‘(3) the term ‘State’ means each of the 50

4 States, the District of Columbia, the Commonwealth

5 of Puerto Rico, the United States Virgin Islands,

6 American Samoa, Guam, and the Northern Mariana

7 Islands; and

8 ‘‘(4) the term ‘unit of local government’ means

9 a county, municipality, town, township, village, par10 ish, borough, or other unit of general government

11 below the State level.’’.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

13 1001(a) of the Omnibus Crime Control and Safe Streets

14 Act of 1968 (42 U.S.C. 3793(a)) is amended by striking

15 paragraph (23) and inserting the following:

16 ‘‘(23) There are authorized to be appropriated to

17 carry out part Y—

18 ‘‘(A) $25,000,000 for each of fiscal years 2000

19 through 2002 for grants under subpart A of that

20 part;

21 ‘‘(B) $40,000,000 for each of fiscal years 2000

22 through 2002 for grants under subpart B of that

23 part; and
90

•S 899 IS

1 ‘‘(C) $25,000,000 for each of fiscal years 2000

2 through 2002 for grants under subpart C of that

3 part.’’.

4 (c) CLERICAL AMENDMENTS.—The table of contents

5 of title I of the Omnibus Crime Control and Safe Streets

6 Act of 1968 (42 U.S.C. 3711 et seq.) is amended—

7 (1) by striking the item relating to the part

8 heading of part Y and inserting the following:

‘‘PART Y—MATCHING GRANTS PROGRAMS FOR LAW ENFORCEMENT

‘‘SUBPART A—GRANT PROGRAM FOR ARMOR VESTS’’; AND

9 (2) by adding at the end of the matter relating

10 to part Y the following:

‘‘SUBPART B—GRANT PROGRAM FOR BULLET RESISTANT EQUIPMENT

‘‘2511. Program authorized.

‘‘2512. Applications.

‘‘2513. Definitions.

‘‘SUBPART C—GRANT PROGRAM FOR VIDEO CAMERAS

‘‘2521. Program authorized.

‘‘2522. Applications.

‘‘2523. Definitions.’’.

11 SEC. 1423. SENSE OF CONGRESS.

12 In the case of any equipment or products that may

13 be authorized to be purchased with financial assistance

14 provided using funds appropriated or otherwise made

15 available under subpart B or C of part Y of title I of the

16 Omnibus Crime Control and Safe Streets Act of 1968, as

17 added by this chapter, it is the sense of the Congress that

18 entities receiving the assistance should, in expending the
91

•S 899 IS

1 assistance, purchase only American-made equipment and

2 products.

3 SEC. 1424. TECHNOLOGY DEVELOPMENT.

4 Section 202 of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3722) is amended by add6 ing at the end the following:

7 ‘‘(e) BULLET RESISTANT TECHNOLOGY DEVELOP8 MENT.—

9 ‘‘(1) IN GENERAL.—The Institute is authorized

10 to—

11 ‘‘(A) conduct research and otherwise work

12 to develop new bullet resistant technologies (i.e.,

13 acrylic, polymers, aluminized material, and

14 transparent ceramics) for use in police equip15 ment (including windshield glass, car panels,

16 shields, and protective gear);

17 ‘‘(B) inventory bullet resistant technologies

18 used in the private sector, in surplus military

19 property, and by foreign countries;

20 ‘‘(C) promulgate relevant standards for,

21 and conduct technical and operational testing

22 and evaluation of, bullet resistant technology

23 and equipment, and otherwise facilitate the use

24 of that technology in police equipment.
92

•S 899 IS

1 ‘‘(2) PRIORITY.—In carrying out this sub2 section, the Institute shall give priority in testing

3 and engineering surveys to law enforcement partner4 ships developed in coordination with High Intensity

5 Drug Trafficking Areas.

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

7 There is authorized to be appropriated to carry out

8 this subsection $3,000,000 for fiscal years 2000

9 through 2002.’’.

10 SEC. 1425. MATCHING GRANT PROGRAM FOR LAW EN11 FORCEMENT ARMOR VESTS.

12 Section 2501(f) of the Omnibus Crime Control and

13 Safe Streets Act of 1968 (42 U.S.C. 3796ll(f)) is

14 amended—

15 (1) by striking ‘‘The portion’’ and inserting the

16 following:

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

18 the portion’’; and

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

20 ‘‘(2) WAIVER.—The Director may waive, in

21 whole or in part, the requirement of paragraph (1)

22 in the case of fiscal hardship, as determined by the

23 Director.’’.
93

•S 899 IS

1 CHAPTER 4—MISCELLANEOUS

2 SEC. 1431. INCLUSION OF RAILROAD POLICE OFFICERS IN

3 FBI LAW ENFORCEMENT TRAINING.

4 (a) IN GENERAL.—Subsection (a) of section 701 of

5 the Omnibus Crime Control and Safe Streets Act of 1968

6 (42 U.S.C. 3771) is amended—

7 (1) in paragraph (1)—

8 (A) by striking ‘‘State or unit of local gov9 ernment’’ and inserting ‘‘State, unit of local

10 government, or rail carrier’’; and

11 (B) by inserting ‘‘, including railroad po12 lice officers’’ before the semicolon; and

13 (2) in paragraph (3)—

14 (A) by striking ‘‘State or unit of local gov15 ernment’’ inserting ‘‘State, unit of local govern16 ment, or rail carrier’’;

17 (B) by inserting ‘‘railroad police officers,’’

18 after ‘‘deputies,’’;

19 (C) by striking ‘‘State or such unit’’ and

20 inserting ‘‘State, unit of local government, or

21 rail carrier’’; and

22 (D) by striking ‘‘State or unit’’ and insert23 ing ‘‘State, unit of local government, or rail

24 carrier’’.
94

•S 899 IS

1 (b) RAIL CARRIER COSTS.—That section is further

2 amended by adding at the end the following:

3 ‘‘(d) RAIL CARRIER COSTS.—No Federal funds may

4 be used for any travel, transportation, or subsistence ex5 penses incurred in connection with the participation of a

6 railroad police officer in a training program conducted

7 under subsection (a).’’.

8 (c) DEFINITIONS.—That section, as amended by sub9 section (b) of this section, if further amended by adding

10 at the end the following:

11 ‘‘(e) DEFINITIONS.—In this section—

12 ‘‘(1) the terms ‘rail carrier’ and ‘railroad’ have

13 the meanings given such terms in section 20102 of

14 title 49, United States Code; and

15 ‘‘(2) the term ‘railroad police officer’ means a

16 peace officer who is commissioned in his or her

17 State of legal residence or State or primary employ18 ment and employed by a rail carrier to enforce State

19 laws for the protection of railroad property, per20 sonnel, passengers, or cargo.’’.
95

•S 899 IS

1 TITLE II—COMBATTING DRUGS

2 AND CRIME

3 Subtitle A—New Millennium Drug

4 Free Act

5 SEC. 2001. SHORT TITLE.

6 This subtitle may be cited as the ‘‘New Millennium

7 Drug Free Act’’.

8 CHAPTER 1—INTERNATIONAL SUPPLY

9 REDUCTION

10 Subchapter A—International Crime

11 PART I—INTERNATIONAL CRIME CONTROL

12 SEC. 2011. SHORT TITLE.

13 This part may be cited as the ‘‘International Crime

14 Control Act of 1999’’.

15 SEC. 2012. FELONY PUNISHMENT FOR VIOLENCE COM16 MITTED ALONG THE UNITED STATES BOR17 DER.

18 (a) IN GENERAL.—Chapter 27 of title 18, United

19 States Code, is amended by adding at the end the fol20 lowing:
96

•S 899 IS

1 ‘‘§ 554. Violence while eluding inspection or during

2 violation of arrival, reporting, entry, or

3 clearance requirements

4 ‘‘(a) IN GENERAL.—Whoever attempts to commit or

5 commits a crime of violence or recklessly operates any con6 veyance during and in relation to—

7 ‘‘(1)(A) attempting to elude or eluding immi8 gration, customs, or agriculture inspection; or

9 ‘‘(B) failing to stop at the command of an offi10 cer or employee of the United States charged with

11 enforcing the immigration, customs, or other laws of

12 the United States along any border of the United

13 States; or

14 ‘‘(2) an intentional violation of arrival, report15 ing, entry, or clearance requirements, as set forth in

16 section 107 of the Federal Plant Pest Act (7 U.S.C.

17 150ff), section 10 of the Act of August 20, 1912

18 (commonly known as the ‘Plant Quarantine Act’ (7

19 U.S.C. 164a)), section 7 of the Federal Noxious

20 Weed Act of 1974 (7 U.S.C. 2807), section 431,

21 433, 434, or 459 of the Tariff Act of 1930 (19

22 U.S.C. 1431, 1433, 1434, and 1459), section 10 of

23 the Act of August 30, 1890 (26 Stat. 417; chapter

24 839 (21 U.S.C. 105)), section 2 of the Act of Feb25 ruary 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C.

26 111), section 4197 of the Revised Statutes (46
97

•S 899 IS

1 U.S.C. App. 91), or sections 231, 232, and 234

2 through 238 of the Immigration and Nationality Act

3 (8 U.S.C. 1221, 1222, and 1224 through 1228)

4 shall be—

5 ‘‘(A) fined under this title, imprisoned not

6 more than 5 years, or both;

7 ‘‘(B) if bodily injury (as defined in section

8 1365(g)) results, fined under this title, impris9 oned not more than 10 years, or both; or

10 ‘‘(C) if death results, fined under this title,

11 imprisoned for any term of years or for life, or

12 both, and may be sentenced to death.

13 ‘‘(b) CONSPIRACY.—If 2 or more persons conspire to

14 commit an offense under subsection (a), and 1 or more

15 of those persons do any act to effect the object of the con16 spiracy, each shall be punishable as a principal, except

17 that a sentence of death may not be imposed.’’.

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 27 of title 18, United States Code, is amended by add20 ing at the end the following:

‘‘554. Violence while eluding inspection or during violation of arrival, reporting,

entry, or clearance requirements.’’.

21 (c) RECKLESS ENDANGERMENT.—Section 111 of

22 title 18, United States Code, is amended—

23 (1) by redesignating subsection (b) as sub24 section (c); and
98

•S 899 IS

1 (2) by inserting after subsection (a) the fol2 lowing:

3 ‘‘(b) RECKLESS ENDANGERMENT.—Whoever—

4 ‘‘(1) knowingly disregards or disobeys the law5 ful authority or command of any officer or employee

6 of the United States charged with enforcing the im7 migration, customs, or other laws of the United

8 States along any border of the United States while

9 engaged in, or on account of, the performance of of10 ficial duties of that officer or employee; and

11 ‘‘(2) as a result of disregarding or disobeying

12 an authority or command referred to in paragraph

13 (1), endangers the safety of any person or property,

14 shall be fined under this title, imprisoned not more than

15 6 months, or both.’’.

16 PART II—STRENGTHENING MARITIME LAW EN17 FORCEMENT ALONG UNITED STATES BOR18 DERS

19 SEC. 2021. SANCTIONS FOR FAILURE TO HEAVE TO, OB20 STRUCTING A LAWFUL BOARDING, AND PRO21 VIDING FALSE INFORMATION.

22 (a) IN GENERAL.—Chapter 109 of title 18, United

23 States Code, is amended by adding at the end the fol24 lowing:
99

•S 899 IS

1 ‘‘§ 2237. Sanctions for failure to heave to; sanctions

2 for obstruction of boarding or providing

3 false information

4 ‘‘(a) DEFINITIONS.—In this section:

5 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.—

6 The term ‘Federal law enforcement officer’ has the

7 meaning given that term in section 115(c).

8 ‘‘(2) HEAVE TO.—The term ‘heave to’ means,

9 with respect to a vessel, to cause that vessel to slow

10 or come to a stop to facilitate a law enforcement

11 boarding by adjusting the course and speed of the

12 vessel to account for the weather conditions and the

13 sea state.

14 ‘‘(3) VESSEL OF THE UNITED STATES; VESSEL

15 SUBJECT TO THE JURISDICTION OF THE UNITED

16 STATES.—The terms ‘vessel of the United States’

17 and ‘vessel subject to the jurisdiction of the United

18 States’ have the meanings given those terms in sec19 tion 3 of the Maritime Drug Law Enforcement Act

20 (46 U.S.C. App. 1903).

21 ‘‘(b) FAILURE TO OBEY AN ORDER TO HEAVE TO.—

22 ‘‘(1) IN GENERAL.—It shall be unlawful for the

23 master, operator, or person in charge of a vessel of

24 the United States or a vessel subject to the jurisdic25 tion of the United States, to fail to obey an order
100

•S 899 IS

1 to heave to that vessel on being ordered to do so by

2 an authorized Federal law enforcement officer.

3 ‘‘(2) IMPEDING BOARDING; PROVIDING FALSE

4 INFORMATION IN CONNECTION WITH A BOARDING.—

5 It shall be unlawful for any person on board a vessel

6 of the United States or a vessel subject to the juris7 diction of the United States knowingly or willfully

8 to—

9 ‘‘(A) fail to comply with an order of an au10 thorized Federal law enforcement officer in con11 nection with the boarding of the vessel;

12 ‘‘(B) impede or obstruct a boarding or ar13 rest, or other law enforcement action authorized

14 by any Federal law; or

15 ‘‘(C) provide false information to a Federal

16 law enforcement officer during a boarding of a

17 vessel regarding the destination, origin, owner18 ship, registration, nationality, cargo, or crew of

19 the vessel.

20 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this

21 section may be construed to limit the authority granted

22 before the date of enactment of this section—

23 ‘‘(1) a customs officer under section 581 of the

24 Tariff Act of 1930 (19 U.S.C. 1581) or any other
101

•S 899 IS

1 provision of law enforced or administered by the

2 United States Customs Service; or

3 ‘‘(2) any Federal law enforcement officer under

4 any Federal law to order a vessel to heave to.

5 ‘‘(d) CONSENT OR WAIVER OF OBJECTION BY A FOR6 EIGN COUNTRY.—

7 ‘‘(1) IN GENERAL.—A foreign country may con8 sent to or waive objection to the enforcement of

9 United States law by the United States under this

10 section by international agreement or, on a case-by11 case basis, by radio, telephone, or similar oral or

12 electronic means.

13 ‘‘(2) PROOF OF CONSENT OR WAIVER.—The

14 Secretary of State or a designee of the Secretary

15 may prove a consent or waiver described in para16 graph (1) by certification.

17 ‘‘(e) PENALTIES.—Any person who intentionally vio18 lates any provision of this section shall be fined under this

19 title, imprisoned not more than 5 years, or both.

20 ‘‘(f) SEIZURE OF VESSELS.—

21 ‘‘(1) IN GENERAL.—A vessel that is used in vio22 lation of this section may be seized and forfeited.

23 ‘‘(2) APPLICABILITY OF LAWS.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (C), the laws described in subparagraph
102

•S 899 IS

1 (B) shall apply to seizures and forfeitures un2 dertaken, or alleged to have been undertaken,

3 under any provision of this section.

4 ‘‘(B) LAWS DESCRIBED.—The laws de5 scribed in this subparagraph are the laws relat6 ing to the seizure, summary, judicial forfeiture,

7 and condemnation of property for violation of

8 the customs laws, the disposition of the prop9 erty or the proceeds from the sale thereof, the

10 remission or mitigation of the forfeitures, and

11 the compromise of claims.

12 ‘‘(C) EXECUTION OF DUTIES BY OFFICERS

13 AND AGENTS.—Any duty that is imposed upon

14 a customs officer or any other person with re15 spect to the seizure and forfeiture of property

16 under the customs laws shall be performed with

17 respect to a seizure or forfeiture of property

18 under this section by the officer or other person

19 that is authorized or designated for that pur20 pose.

21 ‘‘(3) IN REM LIABILITY.—A vessel that is used

22 in violation of this section shall, in addition to any

23 other liability prescribed under this subsection, be

24 liable in rem for any fine or civil penalty imposed

25 under this section.’’.
103

•S 899 IS

1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 109 of title 18, United States Code, is amended by

3 adding at the end the following:

‘‘2237. Sanctions for failure to heave to; sanctions for obstruction of boarding

or providing false information.’’.

4 SEC. 2022. CIVIL PENALTIES TO SUPPORT MARITIME LAW

5 ENFORCEMENT.

6 (a) IN GENERAL.—Chapter 17 of title 14, United

7 States Code, is amended by adding at the end the fol8 lowing:

9 ‘‘§ 675. Civil penalty for failure to comply with a law10 ful boarding, obstruction of boarding, or

11 providing false information

12 ‘‘(a) IN GENERAL.—Any person who violates section

13 2237(b) of title 18 shall be liable for a civil penalty of

14 not more than $25,000.

15 ‘‘(b) IN REM LIABILITY.—In addition to being sub16 ject to the liability under subsection (a), a vessel used to

17 violate an order relating to the boarding of a vessel issued

18 under the authority of section 2237 of title 18 shall be

19 liable in rem and may be seized, forfeited, and sold in ac20 cordance with section 594 of the Tariff Act of 1930 (19

21 U.S.C. 1594).’’.

22 (b) CLERICAL AMENDMENT.—The table of contents

23 at the beginning of chapter 17 of title 14, United States

24 Code, is amended by adding at the end the following:
104

•S 899 IS

‘‘675. Civil penalty for failure to comply with a lawful boarding, obstruction of

boarding, or providing false information.’’.

1 SEC. 2023. CUSTOMS ORDERS.

2 Section 581 of the Tariff Act of 1930 (19 U.S.C.

3 1581) is amended by adding at the end the following:

4 ‘‘(i) In this section, the term ‘authorized place’ in5 cludes, with respect to a vessel or vehicle, a location in

6 a foreign country at which United States customs officers

7 are permitted to conduct inspections, examinations, or

8 searches.’’.

9 PART III—SMUGGLING OF CONTRABAND AND

10 OTHER ILLEGAL PRODUCTS

11 SEC. 2031. SMUGGLING CONTRABAND AND OTHER GOODS

12 FROM THE UNITED STATES.

13 (a) IN GENERAL.—

14 (1) SMUGGLING GOODS FROM UNITED

15 STATES.—Chapter 27 of title 18, United States

16 Code, as amended by section 2012(a) of this Act, is

17 amended by adding at the end the following:

18 ‘‘§ 555. Smuggling goods from the United States

19 ‘‘(a) UNITED STATES DEFINED.—In this section, the

20 term ‘United States’ has the meaning given that term in

21 section 545.

22 ‘‘(b) PENALTIES.—Whoever—

23 ‘‘(1) fraudulently or knowingly exports or sends

24 from the United States, or attempts to export or
105

•S 899 IS

1 send from the United States, any merchandise, arti2 cle, or object contrary to any law of the United

3 States (including any regulation of the United

4 States); or

5 ‘‘(2) receives, conceals, buys, sells, or in any

6 manner facilitates the transportation, concealment,

7 or sale of that merchandise, article, or object, prior

8 to exportation, knowing that merchandise, article, or

9 object to be intended for exportation contrary to any

10 law of the United States;

11 shall be fined under this title, imprisoned not more than

12 5 years, or both.’’.

13 (2) CLERICAL AMENDMENT.—The analysis for

14 chapter 27 of title 18, United States Code, is

15 amended by adding at the end the following:

‘‘555. Smuggling goods from the United States.’’.

16 (b) LAUNDERING OF MONETARY INSTRUMENTS.—

17 Section 1956(c)(7)(D) of title 18, United States Code, is

18 amended by inserting ‘‘section 555 (relating to smuggling

19 goods from the United States),’’ before ‘‘section 641 (re20 lating to public money, property, or records),’’.

21 (c) MERCHANDISE EXPORTED FROM UNITED

22 STATES.—Section 596 of the Tariff Act of 1930 (19

23 U.S.C. 1595a) is amended by adding at the end the fol24 lowing:
106

•S 899 IS

1 ‘‘(d) MERCHANDISE EXPORTED FROM THE UNITED

2 STATES.—Merchandise exported or sent from the United

3 States or attempted to be exported or sent from the

4 United States contrary to law, or the value thereof, and

5 property used to facilitate the receipt, purchase, transpor6 tation, concealment, or sale of that merchandise prior to

7 exportation shall be forfeited to the United States.’’.

8 SEC. 2032. CUSTOMS DUTIES.

9 (a) IN GENERAL.—Section 542 of title 18, United

10 States Code, is amended—

11 (1) in the section heading, by adding ‘‘, theft,

12 embezzlement, or misapplication of du13 ties’’ at the end;

14 (2) by redesignating the fourth and fifth undes15 ignated paragraphs as subsections (b) and (c), re16 spectively;

17 (3) in the third undesignated paragraph—

18 (A) by striking ‘‘Shall be fined’’ and in19 serting the following:

20 ‘‘shall be fined’’; and

21 (B) by striking ‘‘two years’’ and inserting

22 ‘‘5 years’’;

23 (4) in the second undesignated paragraph—

24 (A) by striking ‘‘Whoever is guilty’’ and in25 serting the following:
107

•S 899 IS

1 ‘‘(2) is guilty’’; and

2 (B) by striking ‘‘act or omission—’’ and

3 inserting ‘‘act or omission; or’’;

4 (5) in the first undesignated paragraph, by

5 striking ‘‘Whoever enters or’’ and inserting the fol6 lowing:

7 ‘‘(a) Whoever—

8 ‘‘(1) enters or’’; and

9 (6) in subsection (a) (as designated by para10 graph (5) of this subsection), by inserting after

11 paragraph (2) (as designated by paragraph (4) of

12 this subsection) the following:

13 ‘‘(3) embezzles, steals, abstracts, purloins, will14 fully misapplies, willfully permits to be misapplied,

15 or wrongfully converts to his own use, or to the use

16 of another, moneys, funds, credits, assets, securities,

17 or other property entrusted to his or her custody or

18 care, or to the custody or care of another for the

19 purpose of paying any lawful duties;’’.

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 27 of title 18, United States Code, is amended by

22 striking the item relating to section 542 and inserting the

23 following:

‘‘542. Entry of goods by means of false statements, theft, embezzlement, or

misapplication of duties.’’.
108

•S 899 IS

1 SEC. 2033. FALSE CERTIFICATIONS RELATING TO EXPORTS.

2 (a) IN GENERAL.—Chapter 27 of title 18, United

3 States Code, as amended by section 2021(a) of this Act,

4 is amended by adding at the end the following:

5 ‘‘§ 556. False certifications relating to exports

6 ‘‘Whoever knowingly transmits in interstate or for7 eign commerce any false or fraudulent certificate of origin,

8 invoice, declaration, affidavit, letter, paper, or statement

9 (whether written or otherwise), that represents explicitly

10 or implicitly that goods, wares, or merchandise to be ex11 ported qualify for purposes of any international trade

12 agreement to which the United States is a signatory shall

13 be fined under this title, imprisoned not more than 5

14 years, or both.’’.

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 27 of title 18, United States Code, is amended by add17 ing at the end the following:

‘‘556. False certifications relating to exports.’’.

18 PART IV—DENYING SAFE HAVENS TO

19 INTERNATIONAL CRIMINALS

20 SEC. 2041. EXTRADITION FOR OFFENSES NOT COVERED BY

21 A LIST TREATY.

22 Chapter 209 of title 18, United States Code, is

23 amended by adding at the end the following:
109

•S 899 IS

1 ‘‘§ 3197. Extradition for offenses not covered by a list

2 treaty

3 ‘‘(a) SERIOUS OFFENSE DEFINED.—In this section,

4 the term ‘serious offense’ means conduct that would be—

5 ‘‘(1) an offense described in any multilateral

6 treaty to which the United States is a party that ob7 ligates parties—

8 ‘‘(A) to extradite alleged offenders found

9 in the territory of the parties; or

10 ‘‘(B) submit the case to the competent au11 thorities of the parties for prosecution; or

12 ‘‘(2) conduct that, if that conduct occurred in

13 the United States, would constitute—

14 ‘‘(A) a crime of violence (as defined in sec15 tion 16);

16 ‘‘(B) the distribution, manufacture, impor17 tation, or exportation of a controlled substance

18 (as defined in section 201 of the Controlled

19 Substances Act (21 U.S.C. 802));

20 ‘‘(C) bribery of a public official or mis21 appropriation, embezzlement, or theft of public

22 funds by or for the benefit of a public official;

23 ‘‘(D) obstruction of justice, including pay24 ment of bribes to jurors or witnesses;

25 ‘‘(E) the laundering of monetary instru26 ments, as described in section 1956, if the value
110

•S 899 IS

1 of the monetary instruments involved exceeds

2 $100,000;

3 ‘‘(F) fraud, theft, embezzlement, or com4 mercial bribery if the aggregate value of prop5 erty that is the object of all of the offenses re6 lated to the conduct exceeds $100,000;

7 ‘‘(G) counterfeiting, if the obligations, se8 curities, or other items counterfeited have an

9 apparent value that exceeds $100,000;

10 ‘‘(H) a conspiracy or attempt to commit

11 any of the offenses described in any of subpara12 graphs (A) through (G), or aiding and abetting

13 a person who commits any such offense; or

14 ‘‘(I) a crime against children under chap15 ter 109A or section 2251, 2251A, 2252, or

16 2252A.

17 ‘‘(b) AUTHORIZATION OF FILING.—

18 ‘‘(1) IN GENERAL.—If a foreign government

19 makes a request for the extradition of a person who

20 is charged with or has been convicted of an offense

21 within the jurisdiction of that foreign government,

22 and an extradition treaty between the United States

23 and the foreign government is in force, but the trea24 ty does not provide for extradition for the offense

25 with which the person has been charged or for which
111

•S 899 IS

1 the person has been convicted, the Attorney General

2 may authorize the filing of a complaint for extra3 dition pursuant to subsections (c) and (d).

4 ‘‘(2) FILING OF COMPLAINTS.—

5 ‘‘(A) IN GENERAL.—A complaint author6 ized under paragraph (1) shall be filed pursu7 ant to section 3184.

8 ‘‘(B) PROCEDURES.—With respect to a

9 complaint filed under paragraph (1), the proce10 dures contained in sections 3184 and 3186 and

11 the terms of the relevant extradition treaty

12 shall apply as if the offense were a crime pro13 vided for by the treaty, in a manner consistent

14 with section 3184.

15 ‘‘(c) CRITERIA FOR AUTHORIZATION OF COM16 PLAINTS.—

17 ‘‘(1) IN GENERAL.—The Attorney General may

18 authorize the filing of a complaint under subsection

19 (b) only upon a certification—

20 ‘‘(A) by the Attorney General, that in the

21 judgment of the Attorney General—

22 ‘‘(i) the offense for which extradition

23 is sought is a serious offense; and

24 ‘‘(ii) submission of the extradition re25 quest would be important to the law en-
112

•S 899 IS

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 ‘‘(d) CASES OF URGENCY.—

16 ‘‘(1) IN GENERAL.—In any case of urgency, the

17 Attorney General may, with the concurrence of the

18 Secretary of State and before any formal certifi19 cation under subsection (c), authorize the filing of a

20 complaint seeking the provisional arrest and deten21 tion of the person sought for extradition before the

22 receipt of documents or other proof in support of the

23 request for extradition.

24 ‘‘(2) APPLICABILITY OF RELEVANT TREATY.—

25 With respect to a case described in paragraph (1),
113

•S 899 IS

1 a provision regarding provisional arrest in the rel2 evant treaty shall apply.

3 ‘‘(3) FILING AND EFFECT OF FILING OF COM4 PLAINTS.—

5 ‘‘(A) IN GENERAL.—A complaint author6 ized under this subsection shall be filed in the

7 same manner as provided in section 3184.

8 ‘‘(B) ISSUANCE OF ORDERS.—Upon the fil9 ing of a complaint under this subsection, the

10 appropriate judicial officer may issue an order

11 for the provisional arrest and detention of the

12 person as provided in section 3184.

13 ‘‘(e) CONDITIONS OF SURRENDER; ASSURANCES.—

14 ‘‘(1) IN GENERAL.—Before issuing a warrant of

15 surrender under section 3184 or 3186, the Secretary

16 of State may—

17 ‘‘(A) impose conditions upon the surrender

18 of the person that is the subject of the warrant;

19 and

20 ‘‘(B) require those assurances of compli21 ance with those conditions as are determined by

22 the Secretary to be appropriate.

23 ‘‘(2) ADDITIONAL ASSURANCES.—

24 ‘‘(A) IN GENERAL.—In addition to impos25 ing conditions and requiring assurances under
114

•S 899 IS

1 paragraph (1), the Secretary of State shall de2 mand, as a condition of the extradition of the

3 person in every case, an assurance described in

4 subparagraph (B) that the Secretary deter5 mines to be satisfactory.

6 ‘‘(B) DESCRIPTION OF ASSURANCES.—An

7 assurance described in this subparagraph is an

8 assurance that the person that is sought for ex9 tradition shall not be tried or punished for an

10 offense other than that for which the person

11 has been extradited, absent the consent of the

12 United States.’’.

13 SEC. 2042. EXTRADITION ABSENT A TREATY.

14 Chapter 209 of title 18, United States Code, as

15 amended by section 2041 of this Act, is amended by add16 ing at the end the following:

17 ‘‘§ 3198. Extradition absent a treaty

18 ‘‘(a) SERIOUS OFFENSE DEFINED.—In this section,

19 the term ‘serious offense’ has the meaning given that term

20 in section 3197(a).

21 ‘‘(b) AUTHORIZATION OF FILING.—

22 ‘‘(1) IN GENERAL.—If a foreign government

23 makes a request for the extradition of a person who

24 is charged with or has been convicted of an offense

25 within the jurisdiction of that foreign government,
115

•S 899 IS

1 and no extradition treaty is in force between the

2 United States and the foreign government, the At3 torney General may authorize the filing of a com4 plaint for extradition pursuant to subsections (c)

5 and (d).

6 ‘‘(2) FILING AND TREATMENT OF COM7 PLAINTS.—

8 ‘‘(A) IN GENERAL.—A complaint author9 ized under paragraph (1) shall be filed pursu10 ant to section 3184.

11 ‘‘(B) PROCEDURES.—With respect to a

12 complaint filed under paragraph (1), procedures

13 of sections 3184 and 3186 shall be followed as

14 if the offense were a ‘crime provided for by

15 such treaty’ as described in section 3184.

16 ‘‘(c) CRITERIA FOR AUTHORIZATION OF COM17 PLAINTS.—The Attorney General may authorize the filing

18 of a complaint described in subsection (b) only upon a

19 certification—

20 ‘‘(1) by the Attorney General, that in the judg21 ment of the Attorney General—

22 ‘‘(A) the offense for which extradition is

23 sought is a serious offense; and

24 ‘‘(B) submission of the extradition request

25 would be important to the law enforcement in-
116

•S 899 IS

1 terests of the United States or otherwise in the

2 interests of justice; and

3 ‘‘(2) by the Secretary of State, that in the judg4 ment of the certifying official, based on information

5 then known—

6 ‘‘(A) submission of the request would be

7 consistent with the foreign policy interests of

8 the United States;

9 ‘‘(B) the facts and circumstances of the re10 quest, including humanitarian considerations,

11 do not appear likely to present a significant im12 pediment to the ultimate surrender of the per13 son if found extraditable; and

14 ‘‘(C) the foreign government submitting

15 the request is not submitting the request in

16 order to try or punish the person sought for ex17 tradition primarily on the basis of the race, reli18 gion, nationality, or political opinions of that

19 person.

20 ‘‘(d) LIMITATIONS ON DELEGATION.—

21 ‘‘(1) DELEGATION BY ATTORNEY GENERAL.—

22 The authorities and responsibilities of the Attorney

23 General under subsection (c) may be delegated only

24 to the Deputy Attorney General.
117

•S 899 IS

1 ‘‘(2) DELEGATION.—The authorities and re2 sponsibilities of the Secretary of State set forth in

3 this subsection may be delegated only to the Deputy

4 Secretary of State.

5 ‘‘(e) CASES OF URGENCY.—

6 ‘‘(1) IN GENERAL.—In any case of urgency, the

7 Attorney General may, with the concurrence of the

8 Secretary of State and before any formal certifi9 cation under subsection (c), authorize the filing of a

10 complaint seeking the provisional arrest and deten11 tion of the person sought for extradition before the

12 receipt of documents or other proof in support of the

13 request for extradition.

14 ‘‘(2) FILING OF COMPLAINTS; ORDER BY JUDI15 CIAL OFFICER.—

16 ‘‘(A) FILING.—A complaint filed under

17 this subsection shall be filed in the same man18 ner as provided in section 3184.

19 ‘‘(B) ORDERS.—Upon the filing of a com20 plaint under subparagraph (A), the appropriate

21 judicial officer may issue an order for the provi22 sional arrest and detention of the person.

23 ‘‘(C) RELEASES.—If, not later than 45

24 days after the arrest, the formal request for ex25 tradition and documents in support of that are
118

•S 899 IS

1 not received by the Department of State, the

2 appropriate judicial officer may order that a

3 person detained pursuant to this subsection be

4 released from custody.

5 ‘‘(f) HEARINGS.—

6 ‘‘(1) IN GENERAL.—Subject to subsection (h),

7 upon the filing of a complaint for extradition and re8 ceipt of documents or other proof in support of the

9 request of a foreign government for extradition, the

10 appropriate judicial officer shall hold a hearing to

11 determine whether the person sought for extradition

12 is extraditable.

13 ‘‘(2) CRITERIA FOR EXTRADITION.—Subject to

14 subsection (g) in a hearing conducted under para15 graph (1), the judicial officer shall find a person ex16 traditable if the officer finds—

17 ‘‘(A) probable cause to believe that the

18 person before the judicial officer is the person

19 sought in the foreign country of the requesting

20 foreign government;

21 ‘‘(B) probable cause to believe that the

22 person before the judicial officer committed the

23 offense for which that person is sought, or was

24 duly convicted of that offense in the foreign

25 country of the requesting foreign government;
119

•S 899 IS

1 ‘‘(C) that the conduct upon which the re2 quest for extradition is based, if that conduct

3 occurred within the United States, would be a

4 serious offense punishable by imprisonment for

5 more than 10 years under the laws of—

6 ‘‘(i) the United States;

7 ‘‘(ii) the majority of the States in the

8 United States; or

9 ‘‘(iii) of the State in which the fugi10 tive is found; and

11 ‘‘(D) no defense to extradition under sub12 section (g) has been established.

13 ‘‘(g) LIMITATION OF EXTRADITION.—

14 ‘‘(1) IN GENERAL.—A judicial officer shall not

15 find a person extraditable under this section if the

16 person has established that the offense for which ex17 tradition is sought is—

18 ‘‘(A) an offense for which the person is

19 being proceeded against, or has been tried or

20 punished, in the United States; or

21 ‘‘(B) a political offense.

22 ‘‘(2) POLITICAL OFFENSES.—For purposes of

23 this section, a political offense does not include—

24 ‘‘(A) a murder or other violent crime

25 against the person of a head of state of a for-
120

•S 899 IS

1 eign state, or of a member of the family of the

2 head of state;

3 ‘‘(B) an offense for which both the United

4 States and the requesting foreign government

5 have the obligation pursuant to a multilateral

6 international agreement to—

7 ‘‘(i) extradite the person sought; or

8 ‘‘(ii) submit the case to the competent

9 authorities for decision as to prosecution;

10 or

11 ‘‘(C) a conspiracy or attempt to commit

12 any of the offenses referred to in subparagraph

13 (A) or (B), or aiding or abetting a person who

14 commits or attempts to commit any such of15 fenses.

16 ‘‘(h) LIMITATIONS ON FACTORS FOR CONSIDERATION

17 AT HEARINGS.—

18 ‘‘(1) IN GENERAL.—At a hearing conducted

19 under subsection (a), the judicial officer conducting

20 the hearing shall not consider issues regarding—

21 ‘‘(A) humanitarian concerns;

22 ‘‘(B) the nature of the judicial system of

23 the requesting foreign government; and

24 ‘‘(C) whether the foreign government is

25 seeking extradition of a person for the purpose
121

•S 899 IS

1 of prosecuting or punishing the person because

2 of the race, religion, nationality or political

3 opinions of that person.

4 ‘‘(2) CONSIDERATION BY SECRETARY OF

5 STATE.—The issues referred to in paragraph (1)

6 shall be reserved for consideration exclusively by the

7 Secretary of State as described in subsection (c)(2).

8 ‘‘(3) ADDITIONAL CONSIDERATION.—Notwith9 standing the certification requirements described in

10 subsection (c)(2), the Secretary of State may, within

11 the sole discretion of the Secretary—

12 ‘‘(A) in addition to considering the issues

13 referred to in paragraph (1) for purposes of

14 certifying the filing of a complaint under this

15 section, consider those issues again in exer16 cising authority to surrender the person sought

17 for extradition in carrying out the procedures

18 under section 3184 and 3186; and

19 ‘‘(B) impose conditions on surrender in20 cluding those provided in subsection (i).

21 ‘‘(i) CONDITIONS OF SURRENDER; ASSURANCES.—

22 ‘‘(1) IN GENERAL.—The Secretary of State

23 may—
122

•S 899 IS

1 ‘‘(A) impose conditions upon the surrender

2 of a person sought for extradition under this

3 section; and

4 ‘‘(B) require such assurances of compli5 ance with those conditions as the Secretary de6 termines to be appropriate.

7 ‘‘(2) ADDITIONAL ASSURANCES.—In addition to

8 imposing conditions and requiring assurances under

9 paragraph (1), the Secretary shall demand, as a con10 dition of the extradition of the person that is sought

11 for extradition—

12 ‘‘(A) in every case, an assurance the Sec13 retary determines to be satisfactory that the

14 person shall not be tried or punished for an of15 fense other than the offense for which the per16 son has been extradited, absent the consent of

17 the United States; and

18 ‘‘(B) in a case in which the offense for

19 which extradition is sought is punishable by

20 death in the foreign country of the requesting

21 foreign government and is not so punishable

22 under the applicable laws in the United States,

23 an assurance the Secretary determines to be

24 satisfactory that the death penalty—

25 ‘‘(i) shall not be imposed; or
123

•S 899 IS

1 ‘‘(ii) if imposed, shall not be carried

2 out.’’.

3 SEC. 2043. TECHNICAL AND CONFORMING AMENDMENTS.

4 (a) IN GENERAL.—Chapter 209 of title 18, United

5 States Code, is amended—

6 (1) in section 3181, by inserting ‘‘, other than

7 sections 3197 and 3198,’’ after ‘‘The provisions of

8 this chapter’’ each place that term appears; and

9 (2) in section 3186, by striking ‘‘or 3185’’ and

10 inserting ‘‘, 3185, 3197, or 3198’’.

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 209 of title 18, United States Code, is amended by

13 adding at the end the following:

‘‘3197. Extradition for offenses not covered by a list treaty.

‘‘3198. Extradition absent a treaty.’’.

14 SEC. 2044. TEMPORARY TRANSFER OF PERSONS IN CUS15 TODY FOR PROSECUTION.

16 (a) IN GENERAL.—Chapter 306 of title 18, United

17 States Code, is amended by adding at the end the fol18 lowing:

19 ‘‘§ 4116. Temporary transfer for prosecution

20 ‘‘(a) STATE DEFINED.—In this section, the term

21 ‘State’ includes a State of the United States, the District

22 of Columbia, and a commonwealth, territory, or possession

23 of the United States.
124

•S 899 IS

1 ‘‘(b) AUTHORITY OF ATTORNEY GENERAL WITH RE2 SPECT TO TEMPORARY TRANSFERS.—

3 ‘‘(1) IN GENERAL.—Subject to subsection (d),

4 if a person is in pretrial detention or is otherwise

5 being held in custody in a foreign country based

6 upon a violation of the law in that foreign country,

7 and that person is found extraditable to the United

8 States by the competent authorities of that foreign

9 country while still in the pretrial detention or cus10 tody, the Attorney General shall have the

11 authority—

12 ‘‘(A) to request the temporary transfer of

13 that person to the United States in order to

14 face prosecution in a Federal or State criminal

15 proceeding;

16 ‘‘(B) to maintain the custody of that per17 son while the person is in the United States;

18 and

19 ‘‘(C) to return that person to the foreign

20 country at the conclusion of the criminal pros21 ecution, including any imposition of sentence.

22 ‘‘(2) REQUIREMENTS FOR REQUESTS BY AT23 TORNEY GENERAL.—The Attorney General shall

24 make a request under paragraph (1) only if the At25 torney General determines, after consultation with
125

•S 899 IS

1 the Secretary of State, that the return of that per2 son to the foreign country in question would be con3 sistent with international obligations of the United

4 States.

5 ‘‘(c) AUTHORITY OF ATTORNEY GENERAL WITH RE6 SPECT TO PRETRIAL DETENTIONS.—

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) AUTHORITY OF ATTORNEY GEN9 ERAL.—Subject to paragraph (2) and sub10 section (d), the Attorney General shall have the

11 authority to carry out the actions described in

12 subparagraph (B), if—

13 ‘‘(i) a person is in pretrial detention

14 or is otherwise being held in custody in the

15 United States based upon a violation of

16 Federal or State law, and that person is

17 found extraditable to a foreign country

18 while still in the pretrial detention or cus19 tody pursuant to section 3184, 3197, or

20 3198; and

21 ‘‘(ii) a determination is made by the

22 Secretary of State and the Attorney Gen23 eral that the person will be surrendered.
126

•S 899 IS

1 ‘‘(B) ACTIONS.—If the conditions de2 scribed in subparagraph (A) are met, the Attor3 ney General shall have the authority to—

4 ‘‘(i) temporarily transfer the person

5 described in subparagraph (A) to the for6 eign country of the foreign government re7 questing the extradition of that person in

8 order to face prosecution;

9 ‘‘(ii) transport that person from the

10 United States in custody; and

11 ‘‘(iii) return that person in custody to

12 the United States from the foreign coun13 try.

14 ‘‘(2) CONSENT BY STATE AUTHORITIES.—If the

15 person is being held in custody for a violation of

16 State law, the Attorney General may exercise the au17 thority described in paragraph (1) if the appropriate

18 State authorities give their consent to the Attorney

19 General.

20 ‘‘(3) CRITERION FOR REQUEST.—The Attorney

21 General shall make a request under paragraph (1)

22 only if the Attorney General determines, after con23 sultation with the Secretary of State, that the return

24 of the person sought for extradition to the foreign

25 country of the foreign government requesting the ex-
127

•S 899 IS

1 tradition would be consistent with United States

2 international obligations.

3 ‘‘(4) EFFECT OF TEMPORARY TRANSFER.—

4 With regard to any person in pretrial detention—

5 ‘‘(A) a temporary transfer under this sub6 section shall result in an interruption in the

7 pretrial detention status of that person; and

8 ‘‘(B) the right to challenge the conditions

9 of confinement pursuant to section 3142(f) does

10 not extend to the right to challenge the condi11 tions of confinement in a foreign country while

12 in that foreign country temporarily under this

13 subsection.

14 ‘‘(d) CONSENT BY PARTIES TO WAIVE PRIOR FIND15 ING OF WHETHER A PERSON IS EXTRADITABLE.—The

16 Attorney General may exercise the authority described in

17 subsections (b) and (c) absent a prior finding that the per18 son in custody is extraditable, if the person, any appro19 priate State authorities in a case under subsection (c), and

20 the requesting foreign government give their consent to

21 waive that requirement.

22 ‘‘(e) RETURN OF PERSONS.—

23 ‘‘(1) IN GENERAL.—If the temporary transfer

24 to or from the United States of a person in custody

25 for the purpose of prosecution is provided for by this
128

•S 899 IS

1 section, that person shall be returned to the United

2 States or to the foreign country from which the per3 son is transferred on completion of the proceedings

4 upon which the transfer was based.

5 ‘‘(2) STATUTORY INTERPRETATION WITH RE6 SPECT TO IMMIGRATION LAWS.—In no event shall

7 the return of a person under paragraph (1) require

8 extradition proceedings or proceedings under the im9 migration laws.

10 ‘‘(3) CERTAIN RIGHTS AND REMEDIES

11 BARRED.—Notwithstanding any other provision of

12 law, a person temporarily transferred to the United

13 States pursuant to this section shall not be entitled

14 to apply for or obtain any right or remedy under the

15 Immigration and Nationality Act (8 U.S.C. 1101 et

16 seq.), including the right to apply for or be granted

17 asylum or withholding of deportation.’’.

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 306 of title 18, United States Code, is amended by

20 adding at the end the following:

‘‘4116. Temporary transfer for prosecution.’’.

21 SEC. 2045. PROHIBITING FUGITIVES FROM BENEFITING

22 FROM FUGITIVE STATUS.

23 (a) IN GENERAL.—Chapter 163 of title 28, United

24 States Code, is amended by adding at the end the fol25 lowing:
129

•S 899 IS

1 ‘‘§ 2466. Fugitive disentitlement

2 ‘‘A person may not use the resources of the courts

3 of the United States in furtherance of a claim in any re4 lated civil forfeiture action or a claim in third party pro5 ceedings in any related criminal forfeiture action if that

6 person—

7 ‘‘(1) purposely leaves the jurisdiction of the

8 United States;

9 ‘‘(2) declines to enter or reenter the United

10 States to submit to its jurisdiction; or

11 ‘‘(3) otherwise evades the jurisdiction of the

12 court in which a criminal case is pending against the

13 person.’’.

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 163 of title 28, United States Code, is amended by

16 adding at the end the following:

‘‘2466. Fugitive disentitlement.’’.

17 SEC. 2046. TRANSFER OF FOREIGN PRISONERS TO SERVE

18 SENTENCES IN COUNTRY OF ORIGIN.

19 Section 4100(b) of title 18, United States Code, is

20 amended in the third sentence by striking ‘‘An offender’’

21 and inserting ‘‘Unless otherwise provided by treaty, an of22 fender’’.
130

•S 899 IS

1 SEC. 2047. TRANSIT OF FUGITIVES FOR PROSECUTION IN

2 FOREIGN COUNTRIES.

3 (a) IN GENERAL.—Chapter 305 of title 18, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘§ 4087. Transit through the United States of persons

7 wanted in a foreign country

8 ‘‘(a) IN GENERAL.—The Attorney General may, in

9 consultation with the Secretary of State, permit the tem10 porary transit through the United States of a person

11 wanted for prosecution or imposition of sentence in a for12 eign country.

13 ‘‘(b) LIMITATION ON JUDICIAL REVIEW.—A deter14 mination by the Attorney General to permit or not to per15 mit a temporary transit described in subsection (a) shall

16 not be subject to judicial review.

17 ‘‘(c) CUSTODY.—If the Attorney General permits a

18 temporary transit under subsection (a), Federal law en19 forcement personnel may hold the person subject to that

20 transit in custody during the transit of the person through

21 the United States.

22 ‘‘(d) CONDITIONS APPLICABLE TO PERSONS SUB23 JECT TO TEMPORARY TRANSIT.—Notwithstanding any

24 other provision of law, a person who is subject to a tem25 porary transit through the United States under this sec26 tion shall—
131

•S 899 IS

1 ‘‘(1) be required to have only such documents

2 as the Attorney General shall require;

3 ‘‘(2) not be considered to be admitted or pa4 roled into the United States; and

5 ‘‘(3) not be entitled to apply for or obtain any

6 right or remedy under the Immigration and Nation7 ality Act (8 U.S.C. 1101 et seq.), including the right

8 to apply for or be granted asylum or withholding of

9 deportation.’’.

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 305 of title 18, United States Code, is amended by

12 adding at the end the following:

‘‘4087. Transit through the United States of persons wanted in a foreign country.’’.

13 PART V—SEIZING AND FORFEITING ASSETS OF

14 INTERNATIONAL CRIMINALS

15 SEC. 2051. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI16 MONEY LAUNDERING ORDERS.

17 (a) REPORTING VIOLATIONS.—Section 5324(a) of

18 title 31, United States Code, is amended—

19 (1) in the matter preceding paragraph (1), by

20 inserting ‘‘, or the reporting requirements imposed

21 by an order issued pursuant to section 5326’’ after

22 ‘‘any such section’’;
132

•S 899 IS

1 (2) in paragraph (1), by inserting ‘‘, or a report

2 required under any order issued pursuant to section

3 5326’’ before the semicolon; and

4 (3) in paragraph (2), by inserting ‘‘, or a report

5 required under any order issued pursuant to section

6 5326,’’ after ‘‘any such section’’.

7 (b) PENALTIES.—Sections 5321(a)(1), 5322(a), and

8 5322(b) of title 31, United States Code, are each amended

9 by inserting ‘‘or order issued’’ after ‘‘or a regulation pre10 scribed’’ each place it appears.

11 SEC. 2052. CRACKING DOWN ON ILLEGAL MONEY TRANS12 MITTING BUSINESSES.

13 Section 1960 of title 18, United States Code, is

14 amended by adding at the end the following:

15 ‘‘(c) For the purposes of proving a violation of this

16 section involving an illegal money transmitting business—

17 ‘‘(1) it shall be sufficient for the government to

18 prove that the defendant knew that the money trans19 mitting business lacked a license required by State

20 law; and

21 ‘‘(2) it shall not be necessary to show that the

22 defendant knew that the operation of such a busi23 ness without the required license was an offense

24 punishable as a felony or misdemeanor under State

25 law.’’.
133

•S 899 IS

1 SEC. 2053. EXPANSION OF CIVIL MONEY LAUNDERING LAWS

2 TO REACH FOREIGN PERSONS.

3 Section 1956(b) of title 18, United States Code, is

4 amended—

5 (1) by redesignating paragraphs (1) and (2) as

6 subparagraphs (A) and (B), respectively;

7 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

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

9 ‘‘(2) For purposes of adjudicating an action filed or

10 enforcing a penalty ordered under this section, the district

11 courts shall have jurisdiction over any foreign person, in12 cluding any financial institution registered in a foreign

13 country, that commits an offense under subsection (a) in14 volving a financial transaction that occurs in whole or in

15 part in the United States, if service of process upon the

16 foreign person is made in accordance with the Federal

17 Rules of Civil Procedure or the law of the foreign country

18 in which the foreign person is found.

19 ‘‘(3) The court may issue a pretrial restraining order

20 or take any other action necessary to ensure that any bank

21 account or other property held by the defendant in the

22 United States is available to satisfy a judgment under this

23 section.’’.
134

•S 899 IS

1 SEC. 2054. PUNISHMENT OF MONEY LAUNDERING

2 THROUGH FOREIGN BANKS.

3 Section 1956(c)(6) of title 18, United States Code,

4 is amended to read as follows:

5 ‘‘(6) the term ‘financial institution’ includes any

6 financial institution described in section 5312(a)(2)

7 of title 31, or the regulations promulgated there8 under, as well as any foreign bank (as defined in

9 section 1(b)(7) of the International Banking Act of

10 1978 (12 U.S.C. 3101(7));’’.

11 SEC. 2055. AUTHORITY TO ORDER CONVICTED CRIMINALS

12 TO RETURN PROPERTY LOCATED ABROAD.

13 (a) ORDER OF FORFEITURE.—Subsection (p) of sec14 tion 413 of the Controlled Substances Act (21 U.S.C. 853)

15 is amended by adding at the end the following: ‘‘In the

16 case of property described in paragraph (3), the court

17 may, in addition, order the defendant to return the prop18 erty to the jurisdiction of the court so that the property

19 may be seized and forfeited.’’.

20 (b) PRETRIAL RESTRAINING ORDER.—Subsection (e)

21 of that section is amended by adding at the end the fol22 lowing:

23 ‘‘(4)(A) Pursuant to its authority to enter a pretrial

24 restraining order under this section, including its author25 ity to restrain any property forfeitable as substitute assets,

26 the court may also order the defendant to repatriate any
135

•S 899 IS

1 property subject to forfeiture pending trial, and to deposit

2 that property in the registry of the court, or with the

3 United States Marshals Service or the Secretary of the

4 Treasury, in an interest-bearing account.

5 ‘‘(B) Failure to comply with an order under this sub6 section, or an order to repatriate property under sub7 section (p), shall be punishable as a civil or criminal con8 tempt of court, and may also result in an enhancement

9 of the sentence for the offense giving rise to the forfeiture

10 under the obstruction of justice provision of section 3C1.1

11 of the Federal Sentencing Guidelines.’’.

12 SEC. 2056. EXEMPTING FINANCIAL ENFORCEMENT DATA

13 FROM UNNECESSARY DISCLOSURE.

14 (a) IEEPA.—Section 203(a) of the International

15 Emergency Economic Powers Act (50 U.S.C. 1702(a)) is

16 amended—

17 (1) by redesignating paragraph (3) as para18 graph (4); and

19 (2) by inserting after paragraph (2) the fol20 lowing:

21 ‘‘(3) Information obtained under this title, whether

22 obtained before or after the date of the enactment of this

23 paragraph, may be withheld only to the extent permitted

24 by statute, except that information submitted, obtained,

25 or considered in connection with any transaction prohib-
136

•S 899 IS

1 ited under this title, including license applications, licenses

2 or other authorizations, information or evidence obtained

3 in the course of any investigation, and information ob4 tained or furnished under this title in connection with

5 international agreements, treaties, or obligations shall be

6 withheld from public disclosure, and shall not be subject

7 to disclosure under section 552 of title 5, United States

8 Code, unless the release of the information is determined

9 by the President to be in the national interest.’’.

10 (b) TRADING WITH THE ENEMY ACT.—Section 5(b)

11 of the Trading with the enemy Act (50 U.S.C. App. 5(b))

12 is amended—

13 (1) by redesignating paragraphs (2), (3), and

14 (4) as paragraphs (3), (4), and (5), respectively; and

15 (2) by inserting after paragraph (1) the fol16 lowing:

17 ‘‘(2) Information obtained under this Act, whether

18 obtained before or after the date of the enactment of this

19 paragraph, may be withheld only to the extent permitted

20 by statute, except that information submitted, obtained,

21 or considered in connection with any transaction prohib22 ited under this Act, including license applications, licenses

23 or other authorizations, information or evidence obtained

24 in the course of any investigation, and information ob25 tained or furnished under this title in connection with
137

•S 899 IS

1 international agreements, treaties, or obligations shall be

2 withheld from public disclosure, and shall not be subject

3 to disclosure under section 552 of title 5, United States

4 Code, unless the release of the information is determined

5 by the President to be in the national interest.’’.

6 SEC. 2057. CRIMINAL AND CIVIL PENALTIES UNDER THE

7 INTERNATIONAL EMERGENCY ECONOMIC

8 POWERS ACT.

9 (a) INCREASED CIVIL PENALTY.—Subsection (a) of

10 section 206 of the International Emergency Economic

11 Powers Act (50 U.S.C. 1705) is amended by striking

12 ‘‘$10,000’’ and inserting ‘‘$50,000’’.

13 (b) INCREASED CRIMINAL FINE.—Subsection (b) of

14 that section is amended to read as follows:

15 ‘‘(b) Whoever willfully violates any license, order, or

16 regulation issued under this title shall be fined not more

17 that $1,000,000 if an organization (as defined in section

18 18 of title 18, United States Code), and not more than

19 $250,000, imprisoned not more that 10 years, or both,

20 if an individual.’’.

21 SEC. 2058. ATTEMPTED VIOLATIONS OF THE TRADING WITH

22 THE ENEMY ACT.

23 Section 16 of the Trading with the enemy Act (50

24 U.S.C. App. 16) is amended—
138

•S 899 IS

1 (1) in subsection (a), by inserting ‘‘or attempt

2 to violate’’ after ‘‘violate’’ each time it appears; and

3 (2) in subsection (b)(1), by inserting ‘‘or at4 tempts to violate’’ after ‘‘violates’’.

5 SEC. 2059. JURISDICTION OVER CERTAIN FINANCIAL

6 CRIMES COMMITTED ABROAD.

7 Section 1029 of title 18, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(h) Any person who, outside the jurisdiction of the

10 United States, engages in any act that, if committed with11 in the jurisdiction of the United States, would constitute

12 an offense under subsection (a) or (b), shall be subject

13 to the same penalties as if that offense had been com14 mitted in the United States, if the act—

15 ‘‘(1) involves an access device issued, owned,

16 managed, or controlled by a financial institution, ac17 count issuer, credit card system member, or other

18 entity within the jurisdiction of the United States;

19 and

20 ‘‘(2) causes, or if completed would have caused,

21 a transfer of funds from or a loss to an entity listed

22 in paragraph (1).’’.
139

•S 899 IS

1 PART VI—PROMOTING GLOBAL COOPERATION IN

2 THE FIGHT AGAINST INTERNATIONAL CRIME

3 SEC. 2071. STREAMLINED PROCEDURES FOR EXECUTION

4 OF MLAT REQUESTS.

5 (a) IN GENERAL.—Chapter 117 of title 28, United

6 States Code, is amended by adding at the end the fol7 lowing:

8 ‘‘§ 1785. Assistance to foreign authorities

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) PRESENTATION OF REQUESTS.—The At11 torney General may present a request made by a

12 foreign government for assistance with respect to a

13 foreign investigation, prosecution, or proceeding re14 garding a criminal matter pursuant to a treaty, con15 vention, or executive agreement for mutual legal as16 sistance between the United States and that govern17 ment or in accordance with section 1782, the execu18 tion of which requires or appears to require the use

19 of compulsory measures in more than 1 judicial dis20 trict, to a judge or judge magistrate of—

21 ‘‘(A) any 1 of the districts in which per22 sons who may be required to appear to testify

23 or produce evidence or information reside or are

24 found, or in which evidence or information to be

25 produced is located; or
140

•S 899 IS

1 ‘‘(B) the United States District Court for

2 the District of Columbia.

3 ‘‘(2) AUTHORITY OF COURT.—A judge or judge

4 magistrate to whom a request for assistance is pre5 sented under paragraph (1) shall have the authority

6 to issue those orders necessary to execute the re7 quest including orders appointing a person to direct

8 the taking of testimony or statements and the pro9 duction of evidence or information, of whatever na10 ture and in whatever form, in execution of the re11 quest.

12 ‘‘(b) AUTHORITY OF APPOINTED PERSONS.—A per13 son appointed under subsection (a)(2) shall have the au14 thority to—

15 ‘‘(1) issue orders for the taking of testimony or

16 statements and the production of evidence or infor17 mation, which orders may be served at any place

18 within the United States;

19 ‘‘(2) administer any necessary oath; and

20 ‘‘(3) take testimony or statements and receive

21 evidence and information.

22 ‘‘(c) PERSONS ORDERED TO APPEAR.—A person or23 dered pursuant to subsection (b)(1) to appear outside the

24 district in which that person resides or is found may, not

25 later than 10 days after receipt of the order—
141

•S 899 IS

1 ‘‘(1) file with the judge or judge magistrate who

2 authorized execution of the request a motion to ap3 pear in the district in which that person resides or

4 is found or in which the evidence or information is

5 located; or

6 ‘‘(2) provide written notice, requesting appear7 ance in the district in which the person resides or

8 is found or in which the evidence or information is

9 located, to the person issuing the order to appear,

10 who shall advise the judge or judge magistrate au11 thorizing execution.

12 ‘‘(d) TRANSFER OF REQUESTS.—

13 ‘‘(1) IN GENERAL.—The judge or judge mag14 istrate may transfer a request under subsection (c),

15 or that portion requiring the appearance of that per16 son, to the other district if—

17 ‘‘(A) the inconvenience to the person is

18 substantial; and

19 ‘‘(B) the transfer is unlikely to adversely

20 affect the effective or timely execution of the re21 quest or a portion thereof.

22 ‘‘(2) EXECUTION.—Upon transfer, the judge or

23 judge magistrate to whom the request or a portion

24 thereof is transferred shall complete its execution in

25 accordance with subsections (a) and (b).’’.
142

•S 899 IS

1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 117 of title 28, United States Code, is amended by

3 adding at the end the following:

‘‘1785. Assistance to foreign authorities.’’.

4 SEC. 2072. TEMPORARY TRANSFER OF INCARCERATED WIT5 NESSES.

6 (a) IN GENERAL.—Section 3508 of title 18, United

7 States Code, is amended—

8 (1) by striking the section heading and insert9 ing the following:

10 ‘‘§ 3508. Temporary transfer of witnesses in custody’’;

11 (2) in subsection (a), by inserting ‘‘IN GEN12 ERAL.—’’ after ‘‘(a)’’; and

13 (3) by striking subsections (b) and (c) and in14 serting the following:

15 ‘‘(b) TRANSFER AUTHORITY.—

16 ‘‘(1) IN GENERAL.—If the testimony of a per17 son who is serving a sentence, in pretrial detention,

18 or otherwise being held in custody in the United

19 States, is needed in a foreign criminal proceeding,

20 the Attorney General shall have the authority to—

21 ‘‘(A) temporarily transfer that person to

22 the foreign country for the purpose of giving

23 the testimony;

24 ‘‘(B) transport that person from the

25 United States in custody;
143

•S 899 IS

1 ‘‘(C) make appropriate arrangements for

2 custody for that person while outside the

3 United States; and

4 ‘‘(D) return that person in custody to the

5 United States from the foreign country.

6 ‘‘(2) PERSONS HELD FOR STATE LAW VIOLA7 TIONS.—If the person is being held in custody for a

8 violation of State law, the Attorney General may ex9 ercise the authority described in this subsection if

10 the appropriate State authorities give their consent.

11 ‘‘(c) RETURN OF PERSONS TRANSFERRED.—

12 ‘‘(1) IN GENERAL.—If the transfer to or from

13 the United States of a person in custody for the pur14 pose of giving testimony is provided for by treaty or

15 convention, by this section, or both, that person shall

16 be returned to the United States, or to the foreign

17 country from which the person is transferred.

18 ‘‘(2) LIMITATION.—In no event shall the return

19 of a person under this subsection require any re20 quest for extradition or extradition proceedings, or

21 require that person to be subject to deportation or

22 exclusion proceedings under the laws of the United

23 States, or the foreign country from which the person

24 is transferred.
144

•S 899 IS

1 ‘‘(d) APPLICABILITY OF INTERNATIONAL AGREE2 MENTS.—If there is an international agreement between

3 the United States and the foreign country in which a wit4 ness is being held in custody or to which the witness will

5 be transferred from the United States, that provides for

6 the transfer, custody, and return of those witnesses, the

7 terms and conditions of that international agreement shall

8 apply. If there is no such international agreement, the At9 torney General may exercise the authority described in

10 subsections (a) and (b) if both the foreign country and

11 the witness give their consent.

12 ‘‘(e) RIGHTS OF PERSONS TRANSFERRED.—

13 ‘‘(1) Notwithstanding any other provision of

14 law, a person held in custody in a foreign country

15 who is transferred to the United States pursuant to

16 this section for the purpose of giving testimony—

17 ‘‘(A) shall not by reason of that transfer,

18 during the period that person is present in the

19 United States pursuant to that transfer, be en20 titled to apply for or obtain any right or remedy

21 under the Immigration and Nationality Act, in22 cluding the right to apply for or be granted asy23 lum or withholding of deportation or any right

24 to remain in the United States under any other

25 law; and
145

•S 899 IS

1 ‘‘(B) may be summarily removed from the

2 United States upon order of the Attorney Gen3 eral.

4 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in

5 this subsection may be construed to create any sub6 stantive or procedural right or benefit to remain in

7 the United States that is legally enforceable in a

8 court of law of the United States or of a State by

9 any party against the United States or its agencies

10 or officers.

11 ‘‘(f) CONSISTENCY WITH INTERNATIONAL OBLIGA12 TIONS.—The Attorney General shall not take any action

13 under this section to transfer or return a person to a for14 eign country unless the Attorney General determines, after

15 consultation with the Secretary of State, that transfer or

16 return would be consistent with the international obliga17 tions of the United States. A determination by the Attor18 ney General under this subsection shall not be subject to

19 judicial review by any court.’’.

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 223 of title 18, United States Code, is amended by

22 striking the item relating to section 3508 and inserting

23 the following:

‘‘3508. Temporary transfer of witnesses in custody.’’.
146

•S 899 IS

1 SEC. 2073. TRAINING OF FOREIGN LAW ENFORCEMENT

2 AGENCIES.

3 Section 660(b) of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2420(b)) is amended—

5 (1) in paragraph (4), by striking ‘‘or’’ at the

6 end;

7 (2) in paragraph (6), by striking the period at

8 the end and inserting ‘‘; or’’; and

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

10 ‘‘(7) with respect to assistance, including train11 ing, provided for antiterrorism purposes.’’.

12 SEC. 2074. DISCRETIONARY AUTHORITY TO USE FOR13 FEITURE PROCEEDS.

14 Section 524(c)(1) of title 28, United States Code, is

15 amended by—

16 (1) by striking ‘‘and’’ at the end of subpara17 graph (H);

18 (2) redesignating subparagraph (I) beginning

19 with ‘‘after all’’ as subparagraph (J);

20 (3) in subparagraph (J) as so redesignated, by

21 striking the period and inserting ‘‘; and’’; and

22 (4) adding at the end the following:

23 ‘‘(K) at the discretion of the Attorney Gen24 eral, payments to return forfeited property re25 patriated to the United States by a foreign gov26 ernment or others acting at the direction of a
147

•S 899 IS

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 paragraph (5),

22 less any awards and equitable shares paid

23 by the Fund to the foreign government or

24 those acting at its direction in connection

25 with a particular case.’’.
148

•S 899 IS

1 Subchapter B—International Drug Control

2 SEC. 2101. ANNUAL COUNTRY PLANS FOR DRUG-TRANSIT

3 AND DRUG PRODUCING COUNTRIES.

4 Section 490 of the Foreign Assistance Act of 1961

5 (22 U.S.C. 2291j) is amended by adding at the end the

6 following:

7 ‘‘(i) COUNTRY PLANS FOR MAJOR DRUG-TRANSIT

8 AND MAJOR ILLICIT DRUG PRODUCING COUNTRIES.—

9 ‘‘(1) ANNUAL REQUIREMENT.—Not later than

10 November 1 each year, the President shall submit to

11 Congress a separate plan for the activities to be un12 dertaken by the United States in order to address

13 drug-trafficking and other drug-related matters in

14 each country described in paragraph (2).

15 ‘‘(2) COVERED COUNTRIES.—A country re16 ferred to in paragraph (1) is any country—

17 ‘‘(A) that is determined by the President

18 to be a major drug-transit country or a major

19 illicit drug producing country; and

20 ‘‘(B) with which the United States is

21 maintaining diplomatic relations.

22 ‘‘(3) FORM.—Each plan under paragraph (1)

23 shall be submitted in unclassified form, but may

24 contain a classified annex.’’.
149

•S 899 IS

1 SEC. 2102. PROHIBITION ON USE OF FUNDS FOR COUNTER2 NARCOTICS ACTIVITIES AND ASSISTANCE.

3 (a) PROHIBITION.—Notwithstanding any other provi4 sion of law, no funds appropriated for any fiscal year after

5 fiscal year 1999 for the counterdrug or counternarcotics

6 activities of the United States (including funds appro7 priated for assistance to other countries for such activi8 ties) may be obligated or expended for such activities dur9 ing the period beginning on November 1 of such fiscal year

10 and ending on the later of—

11 (1) the date of the notification required in such

12 fiscal year under subsection (h) of section 490 of the

13 Foreign Assistance Act of 1961 (22 U.S.C. 2291j);

14 or

15 (2) the date of the submittal of the plans re16 quired by subsection (i) of that section, as amended

17 by section 2101 of this Act.

18 (b) LIMITATION ON OVERRIDE.—No provision of law

19 enacted after the date of the enactment of this Act may

20 be construed to override the prohibition set forth in sub21 section (a) unless such provision specifically refers to such

22 prohibition in effecting the override.

23 SEC. 2103. SENSE OF CONGRESS REGARDING COLOMBIA.

24 It is the sense of Congress—

25 (1) that the provision of counternarcotics assist26 ance to Colombia will not meet the purpose of the
150

•S 899 IS

1 provision of such assistance without meaningful

2 guarantees that no production, manufacturing, or

3 transportation of narcotics takes place in any area

4 in Colombia designated as a so-called ‘‘buffer zone’’;

5 (2) to be concerned regarding continuing re6 ports of human rights violations by units of the Co7 lombia military; and

8 (3) to reaffirm the policy that no aid, supplies,

9 or other assistance should be provided to any mili10 tary or law enforcement unit of a foreign country if

11 such unit has engaged in any violation of human

12 rights.

13 SEC. 2104. SENSE OF CONGRESS REGARDING MEXICO.

14 It is the sense of Congress that—

15 (1) the United States and the Government of

16 Mexico should conclude a maritime agreement for

17 purposes of improving cooperation between the

18 United States and Mexico in the interdiction of sea19 borne drug smuggling;

20 (2) the maritime agreement should be similar to

21 agreements between the United States and govern22 ments of other countries in the Caribbean and Latin

23 America which have proven beneficial to the

24 counterdrug activities of the countries concerned;
151

•S 899 IS

1 (3) the Government of Mexico should carry

2 through on its promises to the United States Gov3 ernment regarding cooperation between such govern4 ments in counternarcotics activities, including co5 operation in matters relating to extradition, prosecu6 tions for money laundering, and other matters;

7 (4) the Government of Mexico is to be com8 mended for its cooperation with and support of the

9 United States Government in many law enforcement

10 matters; and

11 (5) the continuing investigation by the Govern12 ment of Mexico of United States law enforcement

13 personnel who participated in the money laundering

14 sting operation known as CASABLANCA is an at15 tempt by that government to embarrass and harass

16 such personnel even though such personnel were act17 ing within the scope of United States law and Mexi18 can law in pursuing drug traffickers and money

19 launderers operating both in the United States and

20 in Mexico.

21 SEC. 2105. SENSE OF CONGRESS REGARDING IRAN.

22 It is the sense of Congress to express concern that

23 Iran was not included on the most recent list of countries

24 determined to be major drug-transit countries or major
152

•S 899 IS

1 illicit drug producing countries despite recent evidence

2 that Iran is a production and transfer point for narcotics.

3 SEC. 2106. SENSE OF CONGRESS REGARDING SYRIA.

4 It is the sense of Congress to express concern that

5 Syria was not included on the most recent list of countries

6 determined to be major drug-transit countries or major

7 illicit drug producing countries despite recent evidence

8 that Syria is a trans-shipment point for narcotics from

9 Turkey and from Afghanistan.

10 SEC. 2107. BRAZIL.

11 (a) KING AIR AIRCRAFT FOR DEA ACTIVITIES IN

12 BRAZIL.—Notwithstanding any other provision of law, the

13 Administrator of the Drug Enforcement Administration

14 may—

15 (1) purchase a King Air aircraft for purposes of

16 Administration activities in Brazil; and

17 (2) station the aircraft in Brazil for purposes of

18 such activities.

19 (b) SENSE OF CONGRESS REGARDING ASSISTANCE

20 TO BRAZIL.—It is the sense of Congress—

21 (1) to encourage the President to review the na22 ture of the cooperation between the United States

23 and Brazil in counternarcotics activities;

24 (2) to recognize the extraordinary threat that

25 narcotics trafficking poses to the national security of
153

•S 899 IS

1 Brazil and to the national security of the United

2 States;

3 (3) to applaud the efforts of the Brazil Govern4 ment to control drug trafficking in and through the

5 Amazon River basin;

6 (4) to applaud the enactment of legislation by

7 the Brazil Congress that—

8 (A) authorizes appropriate personnel to

9 damage, render inoperative, or destroy aircraft

10 within Brazil territory that are reasonably sus11 pected to be engaged primarily in trafficking in

12 illicit narcotics; and

13 (B) contains measures to protect against

14 the loss of innocent life during activities re15 ferred to in subparagraph (A), including an ef16 fective measure to identify and warn aircraft

17 before the use of force; and

18 (5) to urge the President to issue a statement

19 outlining the matters referred to in paragraphs (1)

20 through (4) in order to prevent any interruption in

21 the current provision by the United States of oper22 ational, logistical, technical, administrative, and in23 telligence assistance to Brazil.
154

•S 899 IS

1 SEC. 2108. JAMAICA.

2 (a) REQUIREMENT FOR AERIAL SURVEY.—The

3 President shall take appropriate actions in order to pro4 vide for a comprehensive aerial survey of Jamaica for pur5 poses of determining the quantity and location of any

6 marijuana and other illegal drugs being grown in Jamaica.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress to express disappointment regarding the lack of

9 progress and cooperation between the United States and

10 Jamaica in counternarcotics activities.

11 SEC. 2109. SENSE OF CONGRESS REGARDING NORTH

12 KOREA.

13 It is the sense of Congress—

14 (1) to be concerned with the increase in the

15 number of reports of drug trafficking in and through

16 North Korea;

17 (2) to encourage the President to submit to

18 Congress the reports, if any, required by law regard19 ing the production and trafficking of narcotics in or

20 through North Korea; and

21 (3) to express concern that the Department of

22 State has evaded its obligations with respect to

23 North Korea under section 490 of the Foreign As24 sistance Act of 1961 (22 U.S.C. 2291j), and thereby

25 diminished the significance to the United States of

26 narcotics production and transit in and through
155

•S 899 IS

1 North Korea, in order to enhance cultural exchanges

2 between the United States and North Korea.

3 Subchapter C—Foreign Military Counter4 Drug Support

5 SEC. 2121. REPORTS AND ANALYSIS.

6 (a) MONTHLY REPORT.—The Secretary of State and

7 the Secretary of Defense shall submit to the Committee

8 on International Relations and the Committee on National

9 Security of the House of Representatives and the Com10 mittee on Foreign Relations and the Committee on Armed

11 Services of the Senate each month a report on the current

12 status of any formal letter of request for any foreign mili13 tary sales of counter narcotics-related assistance from the

14 head of any police, military, or other appropriate security

15 agency official in an Andean Country. Each report shall

16 include—

17 (1) the date the initial request was made;

18 (2) the current status of the request;

19 (3) the remaining approvals needed to process

20 the request;

21 (4) the date that the request has been approved

22 by all relevant departments and agencies; and

23 (5) the expected delivery time for the requested

24 material.
156

•S 899 IS

1 (b) ANALYSIS.—Not later than 180 days after the

2 date of enactment of this Act, the Secretary of State shall

3 review and forward to Congress an analysis of the current

4 foreign military sales program. This review shall focus

5 on—

6 (1) what, if any, are the current delays in the

7 foreign military sales program;

8 (2) the manner in which the program can be

9 streamlined;

10 (3) the manner in which the efficiency of proc11 essing requested equipment can be increased; and

12 (4) what, if any, legislative changes are nec13 essary to improve the program so that the time from

14 request to delivery is minimized.

15 Subchapter D—Additional Funding For

16 Source and Interdiction Zone Countries

17 SEC. 2131. SOURCE ZONE COUNTRIES.

18 In addition to any other amounts available for Colom19 bia, Peru, and Bolivia for counternarcotics operations,

20 there is authorized to be appropriated—

21 (1) $20,000,000 for Peru for each of fiscal

22 years 2000 and 2001 for supporting additional sur23 veillance, pursuit of drug aircraft, and general sup24 port for counternarcotics operations;
157

•S 899 IS

1 (2) $75,000,000 for Colombia for each of fiscal

2 years 2000 and 2001, for supporting additional sur3 veillance, pursuit of drug aircraft, and general sup4 port for counternarcotics operations, including the

5 acquisition of a minimum of 3 Blackhawk heli6 copters and 2 aerostats; and

7 (3) $52,000,000 for Bolivia for fiscal year

8 2000, for counternarcotics programs, including high

9 technology detection equipment for the Chapare re10 gion, institution building, and law enforcement sup11 port.

12 SEC. 2132. CENTRAL AMERICA.

13 In addition to the other amounts available, whether

14 pursuant to an authorization of appropriations in this Act

15 or under any other provision of law, for counternarcotics

16 matters for countries in Central America, there is author17 ized to be appropriated $25,000,000 for fiscal year 2000

18 for enhanced efforts in counternarcotics matters by the

19 United States Coast Guard, the United States Customs

20 Service, and other law enforcement agencies.
158

•S 899 IS

1 CHAPTER 2—DOMESTIC LAW

2 ENFORCEMENT

3 Subchapter A—Criminal Offenders

4 SEC. 2201. DRUG OFFENSES COMMITTED IN THE PRESENCE

5 OF CHILDREN.

6 (a) IN GENERAL.—For the purposes of this section,

7 an offense is committed in the presence of a child if—

8 (1) it takes place in the line of sight of an indi9 vidual who has not attained the age of 15 years; or

10 (2) an individual who has not attained the age

11 of 15 years habitually resides in the place where the

12 violation occurs.

13 (b) GUIDELINES.—Not later than 120 days after the

14 date of enactment of this Act, the United States Sen15 tencing Commission shall amend the Federal sentencing

16 guidelines to provide, with respect to an offense under part

17 D of the Controlled Substances Act committed in the pres18 ence of a child—

19 (1) a sentencing enhancement of not less than

20 2 offense levels above the base offense level for the

21 underlying offense or 1 additional year, whichever is

22 greater; and

23 (2) in the case of a second or subsequent such

24 offense, a sentencing enhancement of not less than

25 4 offense levels above the base offense level for the
159

•S 899 IS

1 underlying offense, or 2 additional years, whichever

2 is greater.

3 SEC. 2202. BORDER DEFENSE.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) The Southwest Border of the United States

7 is a major crossing point for more than 60 percent

8 of the cocaine entering the United States from Latin

9 America.

10 (2) Drug traffickers are increasingly using vio11 lence to threaten local residents, to endanger lives,

12 and destroy property.

13 (3) Drug traffickers are creating a law enforce14 ment no-man’s land to facilitate drug trafficking on

15 the Mexican side of the common border and using

16 extortionate methods, illegal riches, and intimidation

17 to acquire property on the United States side of the

18 border.

19 (4) United States law enforcement efforts have

20 been insufficient to protect lives and property or to

21 prevent the use of illegally obtained riches to acquire

22 property.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the President, in cooperation with the Govern25 ment of Mexico, should take immediate and effective ac-
160

•S 899 IS

1 tion at and near the United States border with Mexico

2 to control violence and other illegal acts directed at the

3 respective residents of both countries.

4 (c) REPORT.—Not later than 180 days after the date

5 of enactment of this Act, the Attorney General shall sub6 mit to the Committees on the Judiciary of the House of

7 Representatives and the Senate a report on—

8 (1) what steps are being taken to ensure the

9 safety of United States citizens at and near the

10 United States border with Mexico;

11 (2) what steps are being taken to prevent the

12 illegal acquisition of sites and facilities at or near

13 the border by drug traffickers; and

14 (3) what further steps need to be taken to en15 sure the safety and well being of the people of the

16 United States along the United States border with

17 Mexico.

18 SEC. 2203. CLONE PAGERS.

19 (a) IN GENERAL.—Section 2511(2)(h) of title 18,

20 United States Code, is amended by striking clause (i) and

21 inserting the following:

22 ‘‘(i) to use a pen register, trap and trace device,

23 or clone pager, as those terms are defined in chapter

24 206 of this title (relating to pen registers, trap and

25 trace devices, and clone pagers); or’’;
161

•S 899 IS

1 (b) EXCEPTION.—Section 3121 of title 18, United

2 States Code, is amended—

3 (1) by striking subsection (a) and inserting the

4 following:

5 ‘‘(a) IN GENERAL.—Except as provided in this sec6 tion, no person may install or use a pen register, trap and

7 trace device, or clone pager without first obtaining a court

8 order under section 3123 or 3129 of this title, or under

9 the Foreign Intelligence Surveillance Act of 1978 (50

10 U.S.C. 1801 et seq.).’’;

11 (2) in subsection (b), by striking ‘‘a pen reg12 ister or a trap and trace device’’ and inserting ‘‘a

13 pen register, trap and trace device, or clone pager’’;

14 and

15 (3) by striking the section heading and insert16 ing the following:

17 ‘‘§ 3121. General prohibition on pen register, trap and

18 trace device, and clone pager use; excep19 tion’’.

20 (c) ASSISTANCE.—Section 3124 of title 18, United

21 States Code, is amended—

22 (1) by redesignating subsections (c) through (f)

23 as subsections (d) through (g), respectively;

24 (2) by inserting after subsection (b) the fol25 lowing:
162

•S 899 IS

1 ‘‘(c) CLONE PAGER.—Upon the request of an attor2 ney for the Government or an officer of a law enforcement

3 agency authorized to use a clone pager under this chapter,

4 a provider of electronic communication service shall fur5 nish to such investigative or law enforcement officer all

6 information, facilities, and technical assistance necessary

7 to accomplish the use of the clone pager unobtrusively and

8 with a minimum of interference with the services that the

9 person so ordered by the court provides to the subscriber,

10 if such assistance is directed by a court order, as provided

11 in section 3129(b)(2) of this title.’’; and

12 (3) by striking the section heading and insert13 ing the following:

14 ‘‘§ 3124. Assistance in installation and use of a pen

15 register, trap and trace device, or clone

16 pager’’.

17 (d) EMERGENCY INSTALLATIONS.—Section 3125 of

18 title 18, United States Code, is amended—

19 (1) by striking ‘‘pen register or a trap and

20 trace device’’ and ‘‘pen register or trap and trace de21 vice’’ each place they appear and inserting ‘‘pen reg22 ister, trap and trace device, or clone pager’’;

23 (2) in subsection (a), by striking ‘‘an order ap24 proving the installation or use is issued in accord25 ance with section 3123 of this title’’ and inserting
163

•S 899 IS

1 ‘‘an application is made for an order approving the

2 installation or use in accordance with section 3122

3 or section 3128 of this title’’;

4 (3) in subsection (b), by adding at the end the

5 following: ‘‘If such application for the use of a clone

6 pager is denied, or in any other case in which the

7 use of the clone pager is terminated without an

8 order having been issued, an inventory shall be

9 served as provided for in section 3129(e) of this

10 title.’’; and

11 (4) by striking the section heading and insert12 ing the following:

13 ‘‘§ 3125. Emergency installation and use of pen reg14 ister, trap and trace device, and clone

15 pager’’.

16 (e) REPORTS.—Section 3126 of title 18, United

17 States Code, is amended—

18 (1) by striking ‘‘pen register orders and orders

19 for trap and trace devices’’ and inserting ‘‘orders for

20 pen registers, trap and trace devices, and clone

21 pagers’’; and

22 (2) by striking the section heading and insert23 ing the following:
164

•S 899 IS

1 ‘‘§ 3126. Reports concerning pen registers, trap and

2 trace devices, and clone pagers’’.

3 (f) DEFINITIONS.—Section 3127 of title 18, United

4 States Code, is amended—

5 (1) in paragraph (2)—

6 (A) in subparagraph (A), by striking ‘‘or’’

7 at the end; and

8 (B) by striking subparagraph (B) and in9 serting the following:

10 ‘‘(B) with respect to an application for the

11 use of a pen register or trap and trace device,

12 a court of general criminal jurisdiction of a

13 State authorized by the law of that State to

14 enter orders authorizing the use of a pen reg15 ister or a trap and trace device; or

16 ‘‘(C) with respect to an application for the

17 use of a clone pager, a court of general criminal

18 jurisdiction of a State authorized by the law of

19 that State to issue orders authorizing the use of

20 a clone pager;’’;

21 (2) in paragraph (5), by striking ‘‘and’’ at the

22 end;

23 (3) in paragraph (6), by striking the period at

24 the end and inserting ‘‘; and’’; and

25 (4) by adding at the end the following:
165

•S 899 IS

1 ‘‘(7) the term ‘clone pager’ means a numeric

2 display device that receives communications intended

3 for another numeric display paging device.’’.

4 (g) APPLICATIONS.—Chapter 206 of title 18, United

5 States Code, is amended by adding at the end the fol6 lowing:

7 ‘‘§ 3128. Application for an order for use of a clone

8 pager

9 ‘‘(a) APPLICATION.—

10 ‘‘(1) FEDERAL REPRESENTATIVES.—Any attor11 ney for the Government may apply to a court of

12 competent jurisdiction for an order or an extension

13 of an order under section 3129 of this title author14 izing the use of a clone pager.

15 ‘‘(2) STATE REPRESENTATIVES.—A State in16 vestigative or law enforcement officer may, if author17 ized by a State statute, apply to a court of com18 petent jurisdiction of such State for an order or an

19 extension of an order under section 3129 of this title

20 authorizing the use of a clone pager.

21 ‘‘(b) CONTENTS OF APPLICATION.—An application

22 under subsection (a) of this section shall include—

23 ‘‘(1) the identity of the attorney for the Govern24 ment or the State law enforcement or investigative

25 officer making the application and the identity of the
166

•S 899 IS

1 law enforcement agency conducting the investiga2 tion;

3 ‘‘(2) the identity, if known, of the individual or

4 individuals using the numeric display paging device

5 to be cloned;

6 ‘‘(3) a description of the numeric display paging

7 device to be cloned;

8 ‘‘(4) a description of the offense to which the

9 information likely to be obtained by the clone pager

10 relates;

11 ‘‘(5) the identity, if known, of the person who

12 is subject of the criminal investigation; and

13 ‘‘(6) an affidavit or affidavits, sworn to before

14 the court of competent jurisdiction, establishing

15 probable cause to believe that information relevant

16 to an ongoing criminal investigation being conducted

17 by that agency will be obtained through use of the

18 clone pager.

19 ‘‘§ 3129. Issuance of an order for use of a clone pager

20 ‘‘(a) IN GENERAL.—Upon an application made under

21 section 3128 of this title, the court shall enter an ex parte

22 order authorizing the use of a clone pager within the juris23 diction of the court if the court finds that the application

24 has established probable cause to believe that information

25 relevant to an ongoing criminal investigation being con-
167

•S 899 IS

1 ducted by that agency will be obtained through use of the

2 clone pager.

3 ‘‘(b) CONTENTS OF AN ORDER.—An order issued

4 under this section—

5 ‘‘(1) shall specify—

6 ‘‘(A) the identity, if known, of the indi7 vidual or individuals using the numeric display

8 paging device to be cloned;

9 ‘‘(B) the numeric display paging device to

10 be cloned;

11 ‘‘(C) the identity, if known, of the sub12 scriber to the pager service; and

13 ‘‘(D) the offense to which the information

14 likely to be obtained by the clone pager relates;

15 and

16 ‘‘(2) shall direct, upon the request of the appli17 cant, the furnishing of information, facilities, and

18 technical assistance necessary to use the clone pager

19 under section 3124 of this title.

20 ‘‘(c) TIME PERIOD AND EXTENSIONS.—

21 ‘‘(1) IN GENERAL.—An order issued under this

22 section shall authorize the use of a clone pager for

23 a period not to exceed 30 days. Such 30-day period

24 shall begin on the earlier of the day on which the

25 investigative or law enforcement officer first begins
168

•S 899 IS

1 use of the clone pager under the order or the tenth

2 day after the order is entered.

3 ‘‘(2) EXTENSIONS.—Extensions of an order

4 issued under this section may be granted, but only

5 upon an application for an order under section 3128

6 of this title and upon the judicial finding required by

7 subsection (a). An extension under this paragraph

8 shall be for a period not to exceed 30 days.

9 ‘‘(3) REPORT.—Within a reasonable time after

10 the termination of the period of a clone pager order

11 or any extensions thereof under this subsection, the

12 applicant shall report to the issuing court the num13 ber of numeric pager messages acquired through the

14 use of the clone pager during such period.

15 ‘‘(d) NONDISCLOSURE OF EXISTENCE OF CLONE

16 PAGER.—An order authorizing the use of a clone pager

17 shall direct that—

18 ‘‘(1) the order shall be sealed until otherwise

19 ordered by the court; and

20 ‘‘(2) the person who has been ordered by the

21 court to provide assistance to the applicant may not

22 disclose the existence of the clone pager or the exist23 ence of the investigation to the listed subscriber, or

24 to any other person, until otherwise ordered by the

25 court.
169

•S 899 IS

1 ‘‘(e) NOTIFICATION.—

2 ‘‘(1) IN GENERAL.—Within a reasonable time,

3 not later than 90 days after the date of termination

4 of the period of a clone pager order or any exten5 sions thereof, the issuing judge shall cause to be

6 served, on the individual or individuals using the nu7 meric display paging device that was cloned, an in8 ventory including notice of—

9 ‘‘(A) the fact of the entry of the order or

10 the application;

11 ‘‘(B) the date of the entry and the period

12 of clone pager use authorized, or the denial of

13 the application; and

14 ‘‘(C) whether or not information was ob15 tained through the use of the clone pager.

16 ‘‘(2) POSTPONEMENT.—Upon an ex-parte show17 ing of good cause, a court of competent jurisdiction

18 may in its discretion postpone the serving of the no19 tice required by this subsection.’’.

20 (h) CLERICAL AMENDMENTS.—The table of sections

21 for chapter 206 of title 18, United States Code, is

22 amended—

23 (1) by striking the item relating to section 3121

24 and inserting the following:

‘‘3121. General prohibition on pen register, trap and trace device, and clone

pager use; exception.’’;
170

•S 899 IS

1 (2) by striking the items relating to sections

2 3124, 3125, and 3126 and inserting the following:

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

‘‘3125. Emergency installation and use of pen register, trap and trace device,

and clone pager.

‘‘3126. Reports concerning pen registers, trap and trace devices, and clone

pagers.’’; and

3 (3) 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’’.

4 (i) CONFORMING AMENDMENT.—Section 704(a) of

5 the Communications Act of 1934 (47 U.S.C. 605(a)) is

6 amended by striking ‘‘chapter 119,’’ and inserting ‘‘chap7 ters 119 and 206 of’’.

8 Subchapter B—Powder Cocaine Mandatory

9 Minimum Sentencing

10 SEC. 2211. SENTENCING FOR VIOLATIONS INVOLVING CO11 CAINE POWDER.

12 (a) AMENDMENT OF CONTROLLED SUBSTANCES

13 ACT.—

14 (1) LARGE QUANTITIES.—Subparagraph (A)(ii)

15 of section 401(b)(1) of the Controlled Substances

16 Act (21 U.S.C. 841(b)(1)) is amended by striking ‘‘5

17 kilograms’’ and inserting ‘‘500 grams’’.

18 (2) SMALL QUANTITIES.—Subparagraph (B)(ii)

19 of that section is amended by striking ‘‘500 grams’’

20 and inserting ‘‘50 grams’’.
171

•S 899 IS

1 (b) AMENDMENT OF CONTROLLED SUBSTANCES IM2 PORT AND EXPORT ACT.—

3 (1) LARGE QUANTITIES.—Paragraph (1)(B) of

4 section 1010(b) of the Controlled Substances Import

5 and Export Act (21 U.S.C. 960(b)) is amended by

6 striking ‘‘5 kilograms’’ and inserting ‘‘500 grams’’.

7 (2) SMALL QUANTITIES.—Paragraph (2)(B) of

8 that section is amended by striking ‘‘500 grams’’

9 and inserting ‘‘50 grams’’.

10 (c) AMENDMENT OF SENTENCING GUIDELINES.—

11 Pursuant to section 994 of title 28, United States Code,

12 the United States Sentencing Commission shall amend the

13 Federal sentencing guidelines to reflect the amendments

14 made by this section.

15 Subchapter C—Drug-Free Borders

16 SEC. 2221. INCREASED NUMBER OF BORDER PATROL

17 AGENTS.

18 Section 101(a) of the Illegal Immigration Reform and

19 Immigrant Responsibility Act of 1996 (Public Law 104–

20 208; 110 Stat. 3009–553) is amended to read as follows:

21 ‘‘(a) INCREASED NUMBER OF BORDER PATROL

22 AGENTS.—The Attorney General in each of fiscal years

23 2000, 2001, 2002, 2003, and 2004 shall increase by not

24 less than 1,500 the number of positions for full-time, ac25 tive-duty border patrol agents within the Immigration and
172

•S 899 IS

1 Naturalization Service above the number of such positions

2 for which funds were allotted for the preceding fiscal year,

3 to achieve a level of 15,000 positions by fiscal year 2004.’’.

4 SEC. 2222. ENHANCED BORDER PATROL PURSUIT POLICY.

5 A border patrol agent of the United States Border

6 Patrol may not cease pursuit of an alien who the agent

7 suspects has unlawfully entered the United States, or an

8 individual who the agent suspects has unlawfully imported

9 a narcotic into the United States, until State or local law

10 enforcement authorities are in pursuit of the alien or indi11 vidual and have the alien or individual in their visual

12 range.

13 CHAPTER 3—DEMAND REDUCTION

14 Subchapter A—Education, Prevention, and

15 Treatment

16 SEC. 2251. SENSE OF CONGRESS ON REAUTHORIZATION OF

17 SAFE AND DRUG-FREE SCHOOLS AND COM18 MUNITIES ACT OF 1994.

19 (a) FINDINGS.—Congress makes the following find20 ings:

21 (1) Drug and alcohol use continue to plague the

22 Nation’s youth.

23 (2) Approximately 5.6 percent of high school

24 seniors currently smoke marijuana daily.
173

•S 899 IS

1 (3) The American public has identified drugs as

2 the most serious problem facing its children today.

3 (4) Delinquent behavior is clearly linked to the

4 frequency of marijuana use.

5 (5) 89 percent of students in grades 6 through

6 12 say their teachers have taught them about the

7 dangers of drugs and alcohol.

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that Congress and the President should make the

10 reauthorization of the Safe and Drug-Free Schools and

11 Communities Act of 1994 a high priority for the 106th

12 Congress, and that such reauthorization should maintain

13 substance abuse prevention as a major focus of the pro14 gram.

15 SEC. 2252. SENSE OF CONGRESS REGARDING REAUTHOR16 IZATION OF PREVENTION AND TREATMENT

17 PROGRAMS.

18 (a) FINDINGS.—Congress makes the following find19 ings:

20 (1) 34.8 percent of Americans 12 years of age

21 and older have used an illegal drug in their lifetime,

22 90 percent of these individuals have used marijuana

23 or hashish, and approximately 30 percent have tried

24 cocaine.
174

•S 899 IS

1 (2) The number of teenagers using drugs has

2 increased significantly over the past 5 years.

3 (3) Drug abuse is a health issue being faced in

4 every community, town, State and region of this

5 country.

6 (4) No one is immune from drug abuse, and

7 such abuse threatens Americans of every socio8 economic background, every educational level, and

9 every race and ethnic origin.

10 (5) In 1990 the United States spent

11 $67,000,000,000 on drug-related disorders including

12 health costs, the costs of crime, the costs of acci13 dents and other damages to individuals and prop14 erty, and the costs of the loss of productivity and

15 premature death.

16 (6) Comprehensive prevention activities can

17 help youth in saying no to drugs.

18 (7) There are over 6,000 community coalitions

19 throughout the nation helping the youth of America

20 choose a healthy life style.

21 (8) Individuals with addictive disorders should

22 be held accountable for their actions and should be

23 offered treatment to help change destructive behav24 ior.
175

•S 899 IS

1 (9) A balanced approach to dealing with drug

2 abuse is needed in the United States between reduc3 ing the demand for drugs and the supply of those

4 drugs and a comprehensive plan for addressing drug

5 abuse will involve prevention, education and treat6 ment as well as law enforcement and interdiction.

7 (10) The Substance Abuse and Mental Health

8 Services Administration is the lead Federal agency

9 for substance abuse prevention and treatment initia10 tives.

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that Congress and the President should—

13 (1) make the reauthorization of Federal sub14 stance abuse prevention and treatment programs a

15 high priority for the 106th Congress; and

16 (2) provide more flexibility to States in the use

17 of Federal funds for provision of drug abuse preven18 tion and treatment services while holding States ac19 countable for their performance.

20 SEC. 2253. REPORT ON DRUG-TESTING TECHNOLOGIES.

21 (a) REQUIREMENT.—The National Institute on

22 Standards and Technology shall conduct a study of drug23 testing technologies in order to identify and assess the effi24 cacy, accuracy, and usefulness for purposes of the Na25 tional effort to detect the use of illicit drugs of any drug-
176

•S 899 IS

1 testing technologies (including the testing of hair) that

2 may be used as alternatives or complements to urinalysis

3 as a means of detecting the use of such drugs.

4 (b) REPORT.—Not later than 180 days after the date

5 of the enactment of this Act, the Institute shall submit

6 to Congress a report on the results of the study conducted

7 under subsection (a).

8 SEC. 2254. USE OF NATIONAL INSTITUTES OF HEALTH SUB9 STANCE ABUSE RESEARCH.

10 (a) NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

11 ALCOHOLISM.—Section 464H of the Public Health Serv12 ice Act (42 U.S.C. 285n) is amended—

13 (1) by redesignating subsection (d) as sub14 section (e); and

15 (2) by inserting after subsection (c) the fol16 lowing:

17 ‘‘(d) REQUIREMENT TO ENSURE THAT RESEARCH

18 AIDS PRACTITIONERS.—The Director, in conjunction with

19 the Director of the National Institute on Drug Abuse and

20 the Director of the Center for Substance Abuse Treat21 ment, shall—

22 ‘‘(1) ensure that the results of all current alco23 hol research that is set aside for services (and other

24 appropriate research with practical consequences) is
177

•S 899 IS

1 widely disseminated to treatment practitioners in an

2 easily understandable format;

3 ‘‘(2) ensure that such research results are dis4 seminated in a manner that provides easily under5 standable steps for the implementation of best prac6 tices based on the research; and

7 ‘‘(3) make technical assistance available to the

8 Center for Substance Abuse Treatment to assist al9 cohol and drug treatment practitioners to make per10 manent changes in treatment activities through the

11 use of successful treatment models.’’.

12 (b) NATIONAL INSTITUTE ON DRUG ABUSE.—Sec13 tion 464L of the Public Health Service Act (42 U.S.C.

14 285o) is amended—

15 (1) by redesignating subsection (d) as sub16 section (e); and

17 (2) by inserting after subsection (c) the fol18 lowing:

19 ‘‘(d) REQUIREMENT TO ENSURE THAT RESEARCH

20 AIDS PRACTITIONERS.—The Director, in conjunction with

21 the Director of the National Institute on Alcohol Abuse

22 and Alcoholism and the Director of the Center for Sub23 stance Abuse Treatment, shall—

24 ‘‘(1) ensure that the results of all current drug

25 abuse research that is set aside for services (and
178

•S 899 IS

1 other appropriate research with practical con2 sequences) is widely disseminated to treatment prac3 titioners in an easily understandable format;

4 ‘‘(2) ensure that such research results are dis5 seminated in a manner that provides easily under6 standable steps for the implementation of best prac7 tices based on the research; and

8 ‘‘(3) make technical assistance available to the

9 Center for Substance Abuse Treatment to assist al10 cohol and drug treatment practitioners to make per11 manent changes in treatment activities through the

12 use of successful treatment models.’’.

13 SEC. 2255. NEEDLE EXCHANGE.

14 (a) PROHIBITION REGARDING ILLEGAL DRUGS AND

15 DISTRIBUTION OF HYPODERMIC NEEDLES.—Part B of

16 title II of the Public Health Service Act (42 U.S.C. 238

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

18 section:

19 ‘‘PROHIBITION REGARDING ILLEGAL DRUGS AND

20 DISTRIBUTION OF HYPODERMIC NEEDLES

21 ‘‘SEC. 247. Notwithstanding any other provision of

22 law, none of the amounts made available under any Fed23 eral law for any fiscal year may be expended, directly or

24 indirectly, to carry out any program of distributing sterile

25 needles or syringes for the hypodermic injection of any ille26 gal drug.’’.
179

•S 899 IS

1 (b) CONFORMING AMENDMENT.—Section 506 of

2 Public Law 105–78 is repealed.

3 SEC. 2256. DRUG-FREE TEEN DRIVERS INCENTIVE.

4 (a) IN GENERAL.—The Secretary of Transportation

5 shall establish an incentive grant program for States to

6 assist the States in improving their laws relating to con7 trolled substances and driving.

8 (b) GRANT REQUIREMENTS.—To qualify for a grant

9 under subsection (a), a State shall carry out the following:

10 (1) Enact, actively enforce, and publicize a law

11 that makes it illegal to drive in the State with any

12 measurable amount of an illegal controlled substance

13 in the driver’s body. An illegal controlled substance

14 is a controlled substance for which an individual

15 does not have a legal written prescription. An indi16 vidual who is convicted of such illegal driving shall

17 be referred to appropriate services, including inter18 vention, counselling, and treatment.

19 (2) Enact, actively enforce, and publicize a law

20 that makes it illegal to drive in the State when driv21 ing is impaired by the presence of any drug. The

22 State shall provide that in the enforcement of such

23 law, a driver shall be tested for the presence of a

24 drug when there is evidence of impaired driving and

25 a driver will have the driver’s license suspended. An
180

•S 899 IS

1 individual who is convicted of such illegal driving

2 shall be referred to appropriate services, including

3 intervention, counselling, and treatment.

4 (3) Enact, actively enforce, and publicize a law

5 that authorizes the suspension of a driver’s license

6 if the driver is convicted of any criminal offense re7 lating to drugs.

8 (4) Enact a law that provides that beginning

9 driver applicants and other individuals applying for

10 or renewing a driver’s license will be provided infor11 mation about the laws referred to in paragraphs (1),

12 (2), and (3) and will be required to answer drug-re13 lated questions on their applications.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated for each of fiscal years 2000

16 through 2004, $10,000,000 to carry out this section.

17 SEC. 2257. DRUG-FREE SCHOOLS.

18 Congress makes the following findings:

19 (1) The continued presence in schools of violent

20 students who are a threat to both teachers and other

21 students is incompatible with a safe learning envi22 ronment.

23 (2) Unsafe school environments place students

24 who are already at risk of school failure for other

25 reasons in further jeopardy.
181

•S 899 IS

1 (3) Recently, over one-fourth of high school stu2 dents surveyed reported being threatened at school.

3 (4) 2,000,000 more children are using drugs in

4 1997 than were doing so a few short years prior to

5 1997.

6 (5) More of our children are becoming involved

7 with hard drugs at earlier ages, as use of heroin and

8 cocaine by 8th graders has more than doubled since

9 1991.

10 (6) Greater cooperation between schools, par11 ents, law enforcement, the courts, and the commu12 nity is essential to making our schools safe from

13 drugs and violence.

14 SEC. 2258. VICTIM AND WITNESS ASSISTANCE PROGRAMS

15 FOR TEACHERS AND STUDENTS.

16 (a) VICTIM COMPENSATION.—Section 1403 of the

17 Victims of Crime Act of 1984 (42 U.S.C. 10602) is

18 amended by adding at the end the following:

19 ‘‘(f) VICTIMS OF SCHOOL VIOLENCE.—

20 ‘‘(1) IN GENERAL.—Notwithstanding any other

21 provision of law, an eligible crime victim compensa22 tion program may expend funds appropriated under

23 paragraph (2) to offer compensation to elementary

24 and secondary school students or teachers who are

25 victims of elementary and secondary school violence
182

•S 899 IS

1 (as school violence is defined under applicable State

2 law).

3 ‘‘(2) FUNDING.—There is authorized to be ap4 propriated such sums as may be necessary to carry

5 out paragraph (1).’’.

6 (b) VICTIM AND WITNESS ASSISTANCE.—Section

7 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C.

8 10603(c)) is amended by adding at the end the following:

9 ‘‘(5) Notwithstanding any other provision of law, the

10 Director may make a grant under this section for a dem11 onstration project or for training and technical assistance

12 services to a program that—

13 ‘‘(A) assists State educational agencies and

14 local educational agencies (as the terms are defined

15 in section 14101 of the Elementary and Secondary

16 Education Act of 1965 (20 U.S.C. 8801)) in devel17 oping, establishing, and operating programs that are

18 designed to protect victims of and witnesses to inci19 dents of elementary and secondary school violence

20 (as school violence is defined under applicable State

21 law), including programs designed to protect wit22 nesses testifying in school disciplinary proceedings;

23 or

24 ‘‘(B) supports a student safety toll-free hotline

25 that provides students and teachers in elementary
183

•S 899 IS

1 and secondary schools with confidential assistance

2 relating to the issues of school crime, violence, drug

3 dealing, and threats to personal safety.’’.

4 SEC. 2259. INNOVATIVE PROGRAMS TO PROTECT TEACH5 ERS AND STUDENTS.

6 (a) DEFINITIONS.—In this section:

7 (1) ELEMENTARY SCHOOL, LOCAL EDU8 CATIONAL AGENCY, SECONDARY SCHOOL, AND STATE

9 EDUCATIONAL AGENCY.—The terms ‘‘elementary

10 school’’, ‘‘local educational agency’’, ‘‘secondary

11 school’’, and ‘‘State educational agency’’ have the

12 meanings given the terms in section 14101 of the

13 Elementary and Secondary Education Act of 1965

14 (20 U.S.C. 8801).

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

16 the Secretary of Education.

17 (b) AUTHORIZATION FOR REPORT CARDS ON

18 SCHOOLS.—

19 (1) IN GENERAL.—The Secretary is authorized

20 to award grants to States, State educational agen21 cies, and local educational agencies to develop, estab22 lish, or conduct innovative programs to improve un23 safe elementary schools or secondary schools.

24 (2) PRIORITY.—The Secretary shall give pri25 ority to awarding grants under paragraph (1) to—
184

•S 899 IS

1 (A) programs that provide parent and

2 teacher notification about incidents of physical

3 violence, weapon possession, or drug activity on

4 school grounds as soon after the incident as

5 practicable;

6 (B) programs that provide to parents and

7 teachers an annual report regarding—

8 (i) the total number of incidents of

9 physical violence, weapon possession, and

10 drug activity on school grounds;

11 (ii) the percentage of students missing

12 10 or fewer days of school; and

13 (iii) a comparison, if available, to pre14 vious annual reports under this paragraph,

15 which comparison shall not involve a com16 parison of more than 5 such previous an17 nual reports; and

18 (C) programs to enhance school security

19 measures that may include—

20 (i) equipping schools with fences,

21 closed circuit cameras, and other physical

22 security measures;

23 (ii) providing increased police patrols

24 in and around elementary schools and sec25 ondary schools, including canine patrols;
185

•S 899 IS

1 (iii) mailings to parents at the begin2 ning of the school year stating that the

3 possession of a gun or other weapon, or

4 the sale of drugs in school, will not be tol5 erated by school authorities; and

6 (iv) hiring counselors or other per7 sonnel to detect and intervene at signs of

8 dangerous or antisocial behavior that could

9 precede violent acts.

10 (c) APPLICATION.—

11 (1) IN GENERAL.—Each State, State edu12 cational agency, or local educational agency desiring

13 a grant under this section shall submit an applica14 tion to the Secretary at such time, in such manner,

15 and accompanied by such information as the Sec16 retary may require.

17 (2) CONTENTS.—Each application submitted

18 under paragraph (1) shall contain an assurance that

19 the State or agency has implemented or will imple20 ment policies that—

21 (A) provide protections for victims and wit22 nesses to school crime, including protections for

23 attendance at school disciplinary proceedings;

24 (B) expel students who, on school grounds,

25 sell drugs or who commit a violent offense that
186

•S 899 IS

1 causes serious bodily injury of another student

2 or teacher; and

3 (C) require referral to law enforcement au4 thorities or juvenile authorities of any student

5 who on school grounds—

6 (i) threatens violence;

7 (ii) commits a violent offense resulting

8 in serious bodily injury; or

9 (iii) sells drugs.

10 (3) SPECIAL RULE.—For purposes of subpara11 graphs (B) and (C) of paragraph (2), State law shall

12 determine what constitutes a violent offense or seri13 ous bodily injury.

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated such sums as may be nec16 essary to carry out this section.

17 (e) INNOVATIVE VOLUNTARY RANDOM DRUG TEST18 ING PROGRAMS.—Section 4116(b) of the Safe and Drug19 Free Schools and Communities Act of 1994 (20 U.S.C.

20 7116(b)) is amended—

21 (1) in paragraph (9), by striking ‘‘and’’ after

22 the semicolon;

23 (2) by redesignating paragraph (10) as para24 graph (11); and
187

•S 899 IS

1 (3) by inserting after paragraph (9) the fol2 lowing:

3 ‘‘(10) innovative voluntary random drug testing

4 programs; and’’.

5 Subchapter B—Drug-Free Families

6 SEC. 2271. SHORT TITLE.

7 This subchapter may be cited as the ‘‘Drug-Free

8 Families Act of 1999’’.

9 SEC. 2272. FINDINGS.

10 Congress makes the following findings:

11 (1) The National Institute on Drug Abuse esti12 mates that in 1962, less than one percent of the na13 tion’s adolescents had ever tried an illicit drug. By

14 1979, drug use among young people had escalated to

15 the highest levels in history: 34 percent of adoles16 cents (ages 12-17), 65 percent of high school seniors

17 (age 18), and 70 percent of young adults (ages 18-

18 25) had used an illicit drug in their lifetime.

19 (2) Drug use among young people was not con20 fined to initial trials. By 1979, 16 percent of adoles21 cents, 39 percent of high school seniors, and 38 per22 cent of young adults had used an illicit drug in the

23 past month. Moreover, one in nine high school sen24 iors used marijuana daily.
188

•S 899 IS

1 (3) In 1979, the year the largest number of

2 seniors used marijuana, their belief that marijuana

3 could hurt them was at its lowest (35 percent) since

4 surveys have tracked these measures.

5 (4) Three forces appeared to be driving this es6 calation in drug use among children and young

7 adults. Between 1972 and 1978, a nationwide polit8 ical campaign conducted by drug legalization advo9 cates persuaded eleven state legislatures to ‘‘decrimi10 nalize’’ marijuana. (Many of those states have subse11 quently ‘‘recriminalized’’ the drug.) Such legislative

12 action reinforced advocates’ assertion that marijuana

13 was ‘‘relatively harmless.’’

14 (5) The decriminalization effort gave rise to the

15 emergence of ‘‘head shops’’ (shops for ‘‘heads,’’ or

16 drug users—‘‘coke heads,’’ ‘‘pot heads,’’ ‘‘acid

17 heads,’’ etc.) which sold drug paraphernalia—an

18 array of toys, implements, and instructional pam19 phlets and booklets to enhance the use of illicit

20 drugs. Some 30,000 such shops were estimated to be

21 doing business throughout the nation by 1978.

22 (6) In the absence of Federal funding for drug

23 education then, most of the drug education materials

24 that were available proclaimed that few illicit drugs

25 were addictive and most were ‘‘less harmful’’ than
189

•S 899 IS

1 alcohol and tobacco and therefore taught young peo2 ple how to use marijuana, cocaine, and other illicit

3 drugs ‘‘responsibly’’.

4 (7) Between 1977 and 1980, three national

5 parent drug-prevention organizations—National

6 Families in Action, PRIDE, and the National Fed7 eration of Parents for Drug-Free Youth (now called

8 the National Family Partnership)—emerged to help

9 concerned parents form some 4,000 local parent pre10 vention groups across the nation to reverse all of

11 these trends in order to prevent children from using

12 drugs. Their work created what has come to be

13 known as the parents drug-prevention movement, or

14 more simply, the parent movement. This movement

15 set three goals: to prevent the use of any illegal

16 drug, to persuade those who had started using drugs

17 to stop, and to obtain treatment for those who had

18 become addicted so that they could return to drug19 free lives.

20 (8) The parent movement pursued a number of

21 objectives to achieve these goals. First, it helped par22 ents educate themselves about the harmful effects of

23 drugs, teach that information to their children, com24 municate that they expected their children not to use

25 drugs, and establish consequences if children failed
190

•S 899 IS

1 to meet that expectation. Second, it helped parents

2 form groups with other parents to set common age3 appropriate social and behavioral guidelines to pro4 tect their children from exposure to drugs. Third, it

5 encouraged parents to insist that their communities

6 reinforce parents’ commitment to protect children

7 from drug use.

8 (9) The parent movement stopped further ef9 forts to decriminalize marijuana, both in the states

10 and at the Federal level.

11 (10) The parent movement worked for laws to

12 ban the sale of drug paraphernalia. If drugs were il13 legal, it made no sense to condone the sale of toys

14 and implements to enhance the use of illegal drugs,

15 particularly when those products targeted children.

16 As town, cities, counties, and states passed anti-par17 aphernalia laws, drug legalization organizations chal18 lenged their Constitutionality in Federal courts until

19 the early 1980’s, when the United States Supreme

20 Court upheld Nebraska’s law and established the

21 right of communities to ban the sale of drug para22 phernalia.

23 (11) The parent movement insisted that drug24 education materials convey a strong no-use message

25 in compliance with both the law and with medical
191

•S 899 IS

1 and scientific information that demonstrates that

2 drugs are harmful, particularly to young people.

3 (12) The parent movement encouraged others

4 in society to join the drug prevention effort and

5 many did, from First Lady Nancy Reagan to the en6 tertainment industry, the business community, the

7 media, the medical community, the educational com8 munity, the criminal justice community, the faith

9 community, and local, state, and national political

10 leaders.

11 (13) The parent movement helped to cause

12 drug use among young people to peak in 1979. As

13 its efforts continued throughout the next decade,

14 and as others joined parents to expand the drug-pre15 vention movement, between 1979 and 1992 these

16 collaborative prevention efforts contributed to reduc17 ing monthly illicit drug use by two-thirds among

18 adolescents and young adults and reduced daily

19 marijuana use among high-school seniors from 10.7

20 percent to 1.9 percent. Concurrently, both the par21 ent movement and the larger prevention movement

22 that evolved throughout the 1980’s, working to23 gether, increased high school seniors’ belief that

24 marijuana could hurt them, from 35 percent in 1979

25 to 79 percent in 1991.
192

•S 899 IS

1 (14) Unfortunately, as drug use declined, most

2 of the 4,000 volunteer parents groups that contrib3 uted to the reduction in drug use disbanded, having

4 accomplished the job they set out to do. But the ab5 sence of active parent groups left a vacuum that was

6 soon filled by a revitalized drug-legalization move7 ment. Proponents began advocating for the legaliza8 tion of marijuana for medicine, the legalization of all

9 Schedule I drugs for medicine, the legalization of

10 hemp for medicinal, industrial and recreational use,

11 and a variety of other proposals, all designed to ulti12 mately attack, weaken, and eventually repeal the na13 tion’s drug laws.

14 (15) Furthermore, legalization proponents are

15 also beginning to advocate for treatment that main16 tains addicts on the drugs to which they are ad17 dicted (heroin maintenance for heroin addicts, con18 trolled drinking for alcoholics, etc.), for teaching

19 school children to use drugs ‘‘responsibly,’’ and for

20 other measures similar to those that produced the

21 drug epidemic among young people in the 1970’s.

22 (16) During the 1990’s, the message embodied

23 in all of this activity has once again driven down

24 young people’s belief that drugs can hurt them. As

25 a result, the reductions in drug use that occurred
193

•S 899 IS

1 over 13 years reversed in 1992, and adolescent drug

2 use has more than doubled.

3 (17) Today’s parents are almost universally in

4 the workplace and do not have time to volunteer.

5 Many families are headed by single parents. In some

6 families no parents are available, and grandparents,

7 aunts, uncles, or foster parents are raising the fam8 ily’s children.

9 (18) Recognizing that these challenges make it

10 much more difficult to reach parents today, several

11 national parent and family drug-prevention organi12 zations have formed the Parent Collaboration to ad13 dress these issues in order to build a new parent and

14 family movement to prevent drug use among chil15 dren.

16 (19) Motivating parents and parent groups to

17 coordinate with local community anti-drug coalitions

18 is a key goal of the Parent Collaboration, as well as

19 coordinating parent and family drug-prevention ef20 forts with Federal, State, and Local governmental

21 and private agencies and political, business, medical

22 and scientific, educational, criminal justice, religious,

23 and media and entertainment industry leaders.

24 SEC. 2273. PURPOSES.

25 The purposes of this subchapter are to—
194

•S 899 IS

1 (1) build a movement to help parents and fami2 lies prevent drug use among their children and ado3 lescents;

4 (2) help parents and families reduce drug abuse

5 and drug addiction among adolescents who are al6 ready using drugs, and return them to drug-free

7 lives;

8 (3) increase young people’s perception that

9 drugs are harmful to their health, well-being, and

10 ability to function successfully in life;

11 (4) help parents and families educate society

12 that the best way to protect children from drug use

13 and all of its related problems is to convey a clear,

14 consistent, no-use message;

15 (5) strengthen coordination, cooperation, and

16 collaboration between parents and families and all

17 others who are interested in protecting children from

18 drug use and all of its related problems;

19 (6) help parents strengthen their families,

20 neighborhoods, and school communities to reduce

21 risk factors and increase protective factors to ensure

22 the healthy growth of children; and

23 (7) provide resources in the fiscal year 2000

24 Federal drug control budget for a grant to the Par25 ent Collaboration to conduct a national campaign to
195

•S 899 IS

1 mobilize today’s parents and families through the

2 provision of information, training, technical assist3 ance, and other services to help parents and families

4 prevent drug use among their children and to build

5 a new parent and family drug-prevention movement.

6 SEC. 2274. DEFINITIONS.

7 In this subchapter:

8 (1) ADMINISTRATIVE COSTS.—The term ‘‘ad9 ministrative costs’’ means to those costs that the as10 signed Federal agency will incur to administer the

11 grant to the Parent Collaboration.

12 (2) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the Drug En14 forcement Administration.

15 (3) NO-USE MESSAGE.—The term ‘‘no-use mes16 sage’’ means no use of any illegal drug and no illegal

17 use of any legal drug or substance that is sometimes

18 used illegally, such as prescription drugs, inhalants,

19 and alcohol and tobacco for children and adolescents

20 under the legal purchase age.

21 (4) PARENT COLLABORATION.—The term ‘‘Par22 ent Collaboration’’ means the legal entity, which is

23 exempt from income taxation under section

24 501(c)(3) of the Internal Revenue Code of 1986, es25 tablished by National Families in Action, National
196

•S 899 IS

1 Asian Pacific American Families Against Substance

2 Abuse, African American Parents for Drug Preven3 tion, National Association for Native American Chil4 dren of Alcoholics, and the National Hispano/Latino

5 Community Prevention Network and other groups,

6 that—

7 (A) have a primary mission of helping par8 ents prevent drug use, drug abuse, and drug

9 addiction among their children, their families,

10 and their communities;

11 (B) have carried out this mission for a

12 minimum of 5 consecutive years; and

13 (C) base their drug-prevention missions on

14 the foundation of a strong, no-use message in

15 compliance with international, Federal, State,

16 and local treaties and laws that prohibit the

17 possession, production, cultivation, distribution,

18 sale, and trafficking in illicit drugs;

19 in order to build a new parent and family movement

20 to prevent drug use among children and adolescents

21 SEC. 2275. ESTABLISHMENT OF DRUG-FREE FAMILIES SUP22 PORT PROGRAM.

23 (a) IN GENERAL.—The Administrator shall make a

24 grant to the Parent Collaboration to conduct a national

25 campaign to build a new parent and family movement to
197

•S 899 IS

1 help parents and families prevent drug abuse among their

2 children.

3 (c) TERMINATION.—The period of the grant under

4 this section shall be 5 years.

5 SEC. 2276. AUTHORIZATION OF APPROPRIATIONS.

6 (a) IN GENERAL.—There is authorized to be appro7 priated to carry out this subchapter $5,000,000 for each

8 of fiscal years 2000 through 2004 for a grant to the Par9 ent Collaboration to conduct the national campaign to mo10 bilize parents and families.

11 (b) ADMINISTRATIVE COSTS.—Not more than 5 per12 cent of the total amount made available under subsection

13 (a) in each fiscal year may be used to pay administrative

14 costs of the Parent Collaboration.

15 CHAPTER 4—FUNDING FOR UNITED

16 STATES COUNTER-DRUG ENFORCE17 MENT AGENCIES

18 Subchapter A—Border Activities

19 SEC. 2301. AUTHORIZATION OF APPROPRIATIONS.

20 (a) DRUG ENFORCEMENT AND OTHER NONCOMMER21 CIAL OPERATIONS.—Subparagraphs (A) and (B) of sec22 tion 301(b)(1) of the Customs Procedural Reform and

23 Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) are

24 amended to read as follows:

25 ‘‘(A) $997,300,584 for fiscal year 2000.
198

•S 899 IS

1 ‘‘(B) $1,100,818,328 for fiscal year

2 2001.’’.

3 (b) COMMERCIAL OPERATIONS.—Clauses (i) and (ii)

4 of section 301(b)(2)(A) of such Act (19 U.S.C.

5 2075(b)(2)(A)) are amended to read as follows:

6 ‘‘(i) $990,030,000 for fiscal year 2000.

7 ‘‘(ii) $1,009,312,000 for fiscal year

8 2001.’’.

9 (c) AIR AND MARINE INTERDICTION.—Subpara10 graphs (A) and (B) of section 301(b)(3) of such Act (19

11 U.S.C. 2075(b)(3)) are amended to read as follows:

12 ‘‘(A) $229,001,000 for fiscal year 2000.

13 ‘‘(B) $176,967,000 for fiscal year 2001.’’.

14 (d) SUBMISSION OF OUT-YEAR BUDGET PROJEC15 TIONS.—Section 301(a) of such Act (19 U.S.C. 2075(a))

16 is amended by adding at the end the following:

17 ‘‘(3) Not later than the date on which the President

18 submits to Congress the budget of the United States Gov19 ernment for a fiscal year, the Commissioner of Customs

20 shall submit to the Committee on Ways and Means of the

21 House of Representatives and the Committee on Finance

22 of the Senate the projected amount of funds for the suc23 ceeding fiscal year that will be necessary for the operations

24 of the Customs Service as provided for in subsection (b).’’.
199

•S 899 IS

1 SEC. 2302. CARGO INSPECTION AND NARCOTICS DETEC2 TION EQUIPMENT.

3 (a) FISCAL YEAR 2000.—Of the amounts made avail4 able for fiscal year 2000 under section 301(b)(1)(A) of

5 the Customs Procedural Reform and Simplification Act of

6 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section

7 2301(a) of this Act, $100,036,000 shall be available until

8 expended for acquisition and other expenses associated

9 with implementation and deployment of narcotics detec10 tion equipment along the United States-Mexico border, the

11 United States-Canada border, and Florida and the Gulf

12 Coast seaports, as follows:

13 (1) UNITED STATES-MEXICO BORDER.—For the

14 United States-Mexico border, the following:

15 (A) $6,000,000 for 8 Vehicle and Con16 tainer Inspection Systems (VACIS).

17 (B) $11,000,000 for 5 mobile truck x-rays

18 with transmission and backscatter imaging.

19 (C) $12,000,000 for the upgrade of 8

20 fixed-site truck x-rays from the present energy

21 level of 450,000 electron volts to 1,000,000

22 electron volts (1–MeV).

23 (D) $7,200,000 for 8 1–MeV pallet x-rays.

24 (E) $1,000,000 for 200 portable contra25 band detectors (busters) to be distributed
200

•S 899 IS

1 among ports where the current allocations are

2 inadequate.

3 (F) $600,000 for 50 contraband detection

4 kits to be distributed among all southwest bor5 der ports based on traffic volume.

6 (G) $500,000 for 25 ultrasonic container

7 inspection units to be distributed among all

8 ports receiving liquid-filled cargo and to ports

9 with a hazardous material inspection facility.

10 (H) $2,450,000 for 7 automated targeting

11 systems.

12 (I) $360,000 for 30 rapid tire deflator sys13 tems to be distributed to those ports where port

14 runners are a threat.

15 (J) $480,000 for 20 portable Treasury En16 forcement Communications Systems (TECS)

17 terminals to be moved among ports as needed.

18 (K) $1,000,000 for 20 remote watch sur19 veillance camera systems at ports where there

20 are suspicious activities at loading docks, vehi21 cle queues, secondary inspection lanes, or areas

22 where visual surveillance or observation is ob23 scured.
201

•S 899 IS

1 (L) $1,254,000 for 57 weigh-in-motion

2 sensors to be distributed among the ports with

3 the greatest volume of outbound traffic.

4 (M) $180,000 for 36 AM traffic informa5 tion radio stations, with 1 station to be located

6 at each border crossing.

7 (N) $1,040,000 for 260 inbound vehicle

8 counters to be installed at every inbound vehicle

9 lane.

10 (O) $950,000 for 38 spotter camera sys11 tems to counter the surveillance of customs in12 spection activities by persons outside the bound13 aries of ports where such surveillance activities

14 are occurring.

15 (P) $390,000 for 60 inbound commercial

16 truck transponders to be distributed to all ports

17 of entry.

18 (Q) $1,600,000 for 40 narcotics vapor and

19 particle detectors to be distributed to each bor20 der crossing.

21 (R) $400,000 for license plate reader auto22 matic targeting software to be installed at each

23 port to target inbound vehicles.

24 (S) $1,000,000 for a demonstration site

25 for a high-energy relocatable rail car inspection
202

•S 899 IS

1 system with an x-ray source switchable from

2 2,000,000 electron volts (2–MeV) to 6,000,000

3 electron volts (6–MeV) at a shared Department

4 of Defense testing facility for a two-month test5 ing period.

6 (2) UNITED STATES-CANADA BORDER.—For the

7 United States-Canada border, the following:

8 (A) $3,000,000 for 4 Vehicle and Con9 tainer Inspection Systems (VACIS).

10 (B) $8,800,000 for 4 mobile truck x-rays

11 with transmission and backscatter imaging.

12 (C) $3,600,000 for 4 1–MeV pallet x-rays.

13 (D) $250,000 for 50 portable contraband

14 detectors (busters) to be distributed among

15 ports where the current allocations are inad16 equate.

17 (E) $300,000 for 25 contraband detection

18 kits to be distributed among ports based on

19 traffic volume.

20 (F) $240,000 for 10 portable Treasury

21 Enforcement Communications Systems (TECS)

22 terminals to be moved among ports as needed.

23 (G) $400,000 for 10 narcotics vapor and

24 particle detectors to be distributed to each bor25 der crossing based on traffic volume.
203

•S 899 IS

1 (H) $600,000 for 30 fiber optic scopes.

2 (I) $250,000 for 50 portable contraband

3 detectors (busters) to be distributed among

4 ports where the current allocations are inad5 equate.

6 (J) $3,000,000 for 10 x-ray vans with par7 ticle detectors.

8 (K) $40,000 for 8 AM loop radio systems.

9 (L) $400,000 for 100 vehicle counters.

10 (M) $1,200,000 for 12 examination tool

11 trucks.

12 (N) $2,400,000 for 3 dedicated commuter

13 lanes.

14 (O) $1,050,000 for 3 automated targeting

15 systems.

16 (P) $572,000 for 26 weigh-in-motion sen17 sors.

18 (Q) $480,000 for 20 portable Treasury

19 Enforcement Communication Systems (TECS).

20 (3) FLORIDA AND GULF COAST SEAPORTS.—

21 For Florida and the Gulf Coast seaports, the fol22 lowing:

23 (A) $4,500,000 for 6 Vehicle and Con24 tainer Inspection Systems (VACIS).
204

•S 899 IS

1 (B) $11,800,000 for 5 mobile truck x-rays

2 with transmission and backscatter imaging.

3 (C) $7,200,000 for 8 1–MeV pallet x-rays.

4 (D) $250,000 for 50 portable contraband

5 detectors (busters) to be distributed among

6 ports where the current allocations are inad7 equate.

8 (E) $300,000 for 25 contraband detection

9 kits to be distributed among ports based on

10 traffic volume.

11 (b) FISCAL YEAR 2001.—Of the amounts made avail12 able for fiscal year 2001 under section 301(b)(1)(B) of

13 the Customs Procedural Reform and Simplification Act of

14 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section

15 2301(a) of this Act, $9,923,500 shall be for the mainte16 nance and support of the equipment and training of per17 sonnel to maintain and support the equipment described

18 in subsection (a).

19 (c) ACQUISITION OF TECHNOLOGICALLY SUPERIOR

20 EQUIPMENT; TRANSFER OF FUNDS.—

21 (1) IN GENERAL.—The Commissioner of Cus22 toms may use amounts made available for fiscal year

23 2000 under section 301(b)(1)(A) of the Customs

24 Procedural Reform and Simplification Act of 1978

25 (19 U.S.C. 2075(b)(1)(A)), as amended by section
205

•S 899 IS

1 2301(a) of this Act, for the acquisition of equipment

2 other than the equipment described in subsection (a)

3 if such other equipment—

4 (A)(i) is technologically superior to the

5 equipment described in subsection (a); and

6 (ii) will achieve at least the same results at

7 a cost that is the same or less than the equip8 ment described in subsection (a); or

9 (B) can be obtained at a lower cost than

10 the equipment described in subsection (a).

11 (2) TRANSFER OF FUNDS.—Notwithstanding

12 any other provision of this section, the Commissioner

13 of Customs may reallocate an amount not to exceed

14 10 percent of—

15 (A) the amount specified in any of sub16 paragraphs (A) through (R) of subsection

17 (a)(1) for equipment specified in any other of

18 such subparagraphs (A) through (R);

19 (B) the amount specified in any of sub20 paragraphs (A) through (Q) of subsection

21 (a)(2) for equipment specified in any other of

22 such subparagraphs (A) through (Q); and

23 (C) the amount specified in any of sub24 paragraphs (A) through (E) of subsection
206

•S 899 IS

1 (a)(3) for equipment specified in any other of

2 such subparagraphs (A) through (E).

3 SEC. 2303. PEAK HOURS AND INVESTIGATIVE RESOURCE

4 ENHANCEMENT.

5 Of the amounts made available for fiscal years 2000

6 and 2001 under subparagraphs (A) and (B) of section

7 301(b)(1) of the Customs Procedural Reform and Sim8 plification Act of 1978 (19 U.S.C. 2075(b)(1)), as amend9 ed by section 2301(a) of this Act, $159,557,000, including

10 $5,673,600, until expended, for investigative equipment,

11 for fiscal year 2000 and $220,351,000 for fiscal year 2001

12 shall be available for the following:

13 (1) A net increase of 535 inspectors, 120 spe14 cial agents, and 10 intelligence analysts for the

15 United States-Mexico border and 375 inspectors for

16 the United States-Canada border, in order to open

17 all primary lanes on such borders during peak hours

18 and enhance investigative resources.

19 (2) A net increase of 285 inspectors and canine

20 enforcement officers to be distributed at large cargo

21 facilities as needed to process and screen cargo (in22 cluding rail cargo) and reduce commercial waiting

23 times on the United States-Mexico border and a net

24 increase of 125 inspectors to be distributed at large

25 cargo facilities as needed to process and screen
207

•S 899 IS

1 cargo (including rail cargo) and reduce commercial

2 waiting times on the United States-Canada border.

3 (3) A net increase of 40 inspectors at sea ports

4 in southeast Florida to process and screen cargo.

5 (4) A net increase of 70 special agent positions,

6 23 intelligence analyst positions, 9 support staff,

7 and the necessary equipment to enhance investiga8 tion efforts targeted at internal conspiracies at the

9 Nation’s seaports.

10 (5) A net increase of 360 special agents, 30 in11 telligence analysts, and additional resources to be

12 distributed among offices that have jurisdiction over

13 major metropolitan drug or narcotics distribution

14 and transportation centers for intensification of ef15 forts against drug smuggling and money laundering

16 organizations.

17 (6) A net increase of 2 special agent positions

18 to re-establish a Customs Attache office in Nassau.

19 (7) A net increase of 62 special agent positions

20 and 8 intelligence analyst positions for maritime

21 smuggling investigations and interdiction operations.

22 (8) A net increase of 50 positions and addi23 tional resources to the Office of Internal Affairs to

24 enhance investigative resources for anticorruption ef25 forts.
208

•S 899 IS

1 (9) The costs incurred as a result of the in2 crease in personnel hired pursuant to this section.

3 SEC. 2304. AIR AND MARINE OPERATION AND MAINTE4 NANCE FUNDING.

5 (a) FISCAL YEAR 2000.—Of the amounts made avail6 able for fiscal year 2000 under subparagraphs (A) and

7 (B) of section 301(b)(3) of the Customs Procedural Re8 form and Simplification Act of 1978 (19 U.S.C.

9 2075(b)(3)) as amended by section 2301(c) of this Act,

10 $130,513,000 shall be available until expended for the fol11 lowing:

12 (1) $96,500,000 for Customs aircraft restora13 tion and replacement initiative.

14 (2) $15,000,000 for increased air interdiction

15 and investigative support activities.

16 (3) $19,013,000 for marine vessel replacement

17 and related equipment.

18 (b) FISCAL YEAR 2001.—Of the amounts made avail19 able for fiscal year 2001 under subparagraphs (A) and

20 (B) of section 301(b)(3) of the Customs Procedural Re21 form and Simplification Act of 1978 (19 U.S.C.

22 2075(b)(3)) as amended by section 2301(c) of this Act,

23 $75,524,000 shall be available until expended for the fol24 lowing:
209

•S 899 IS

1 (1) $36,500,000 for Customs Service aircraft

2 restoration and replacement.

3 (2) $15,000,000 for increased air interdiction

4 and investigative support activities.

5 (3) $24,024,000 for marine vessel replacement

6 and related equipment.

7 SEC. 2305. COMPLIANCE WITH PERFORMANCE PLAN RE8 QUIREMENTS.

9 As part of the annual performance plan for each of

10 the fiscal years 2000 and 2001 covering each program ac11 tivity set forth in the budget of the United States Customs

12 Service, as required under section 1115 of title 31, United

13 States Code, the Commissioner of Customs shall establish

14 performance goals and performance indicators, and com15 ply with all other requirements contained in paragraphs

16 (1) through (6) of subsection (a) of such section with re17 spect to each of the activities to be carried out pursuant

18 to sections 2302 and 2303 of this Act.

19 SEC. 2306. COMMISSIONER OF CUSTOMS SALARY.

20 (a) IN GENERAL.—

21 (1) Section 5315 of title 5, United States Code,

22 is amended by striking the following:

23 ‘‘Commissioner of Customs, Department of

24 Treasury.’’.
210

•S 899 IS

1 (2) Section 5314 of title 5, United States Code,

2 is amended by inserting the following:

3 ‘‘Commissioner of Customs, Department of

4 Treasury.’’.

5 (b) EFFECTIVE DATE.—The amendments made by

6 this section shall take effect on October 1, 1999.

7 SEC. 2307. PASSENGER PRECLEARANCE SERVICES.

8 (a) CONTINUATION OF PRECLEARANCE SERVICES.—

9 Notwithstanding section 13031(f) of the Consolidated

10 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

11 58c(f)) or any other provision of law, the United States

12 Customs Service shall, without regard to whether a pas13 senger processing fee is collected from a person departing

14 for the United States from Canada and without regard

15 to whether funds are appropriated pursuant to subsection

16 (b), provide the same level of enhanced preclearance cus17 toms services for passengers arriving in the United States

18 aboard commercial aircraft originating in Canada as the

19 Customs Service provided for such passengers during fis20 cal year 1997.

21 (b) AUTHORIZATION OF APPROPRIATIONS FOR

22 PRECLEARANCE SERVICES.—Notwithstanding section

23 13031(f) of the Consolidated Omnibus Budget Reconcili24 ation Act of 1985 (19 U.S.C. 58c(f)) or any other provi25 sion of law, there are authorized to be appropriated, from
211

•S 899 IS

1 the date of enactment of this Act through September 30,

2 2001, such sums as may be necessary for the Customs

3 Service to ensure that it will continue to provide the same,

4 and where necessary increased, levels of enhanced

5 preclearance customs services as the Customs Service pro6 vided during fiscal year 1997, in connection with the ar7 rival in the United States of passengers aboard commer8 cial aircraft whose flights originated in Canada.

9 Subchapter B—United States Coast Guard

10 SEC. 2311. ADDITIONAL FUNDING FOR OPERATION AND

11 MAINTENANCE.

12 In addition to other amounts authorized to be appro13 priated for the United States Coast Guard for fiscal years

14 2000 and 2001, there is authorized to be appropriated for

15 the Coast Guard for each of fiscal years 2000 and 2001,

16 $100,000,000 for operation and maintenance.

17 Subchapter C—Drug Enforcement

18 Administration

19 SEC. 2321. ADDITIONAL FUNDING FOR COUNTER20 NARCOTICS AND INFORMATION SUPPORT OP21 ERATIONS.

22 In addition to other amounts authorized to be appro23 priated for the Drug Enforcement Administration for fis24 cal year 2000, there is authorized to be appropriated for

25 the Drug Enforcement Administration for that fiscal year,
212

•S 899 IS

1 $120,000,000 for counternarcotics and information sup2 port operations.

3 Subchapter D—Department of the Treasury

4 SEC. 2331. ADDITIONAL FUNDING FOR COUNTER-DRUG IN5 FORMATION SUPPORT.

6 In addition to other amounts authorized to be appro7 priated for the Department of the Treasury for fiscal

8 years 2000 and 2001, there is authorized to be appro9 priated for the Department of the Treasury for each of

10 fiscal years 2001 and 2001, $50,000,000 for counter11 narcotics, information support, and money laundering ef12 forts.

13 Subchapter E—Department of Defense

14 SEC. 2341. ADDITIONAL FUNDING FOR EXPANSION OF

15 COUNTERNARCOTICS ACTIVITIES.

16 In addition to other amounts authorized to be appro17 priated for the Department of Defense for fiscal years

18 2000 and 2001, there is authorized to be appropriated for

19 the Department of Defense for each of fiscal years 2000

20 and 2001, $200,000,000 for expanded activities to stop

21 the flow of illegal drugs into the United States.

22 SEC. 2342. FORWARD MILITARY BASE FOR COUNTER23 NARCOTICS MATTERS.

24 (a) AUTHORIZATION TO CARRY OUT MILITARY CON25 STRUCTION PROJECTS.—The Secretary of the Air Force
213

•S 899 IS

1 may acquire real property and carry out military construc2 tion projects in the amount of $300,000,000 to establish

3 an air base or air bases for use for support of counter4 narcotics operations in the areas of the southern Carib5 bean Sea, northern South America, and the eastern Pa6 cific Ocean, to be located in Latin America or the area

7 of the Caribbean Sea, or both.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated such sums as may be nec10 essary for fiscal year 2000, and any succeeding fiscal year,

11 for military construction and land acquisition for an air12 base referred to subsection (a).

13 SEC. 2343. EXPANSION OF RADAR COVERAGE AND OPER14 ATION IN SOURCE AND TRANSIT COUNTRIES.

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated for the Department of De17 fense for fiscal year 2000, $100,000,000 for purposes of

18 the procurement of a Relocatable Over the Horizon Radar

19 (ROTHR) to be located in South America.

20 (b) AUTHORIZATION TO LOCATE.—The Relocatable

21 Over the Horizon Radar procured using funds appro22 priated pursuant to the authorization of appropriations in

23 subsection (a) may be located at a location in South Amer24 ica that is suitable for purposes of providing enhanced
214

•S 899 IS

1 radar coverage of narcotics source zone countries in South

2 America.

3 SEC. 2344. SENSE OF CONGRESS REGARDING FUNDING

4 UNDER WESTERN HEMISPHERE DRUG ELIMI5 NATION ACT.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) Teenage drug use in the United States has

9 doubled since 1993.

10 (2) The drug crisis facing the United States

11 poses a paramount threat to the national security in12 terests of the United States.

13 (3) The trans-shipment of illicit drugs through

14 United States borders cannot be halted without an

15 effective drug interdiction strategy.

16 (4) The Clinton Administration has placed a

17 low priority on efforts to reduce the supply of illicit

18 drugs, and the seizure of such drugs by the Coast

19 Guard and other Federal agencies has decreased, as

20 is evidenced by a 68 percent decrease between 1991

21 and 1996 in the pounds of cocaine seized by such

22 agencies.

23 (5) The Western Hemisphere Drug Elimination

24 Act was enacted into law on October 19, 1998.
215

•S 899 IS

1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that—

3 (1) the President should allocate funds appro4 priated for fiscal year 1999 pursuant to the author5 izations of appropriations for that fiscal year in the

6 Western Hemisphere Drug Elimination Act in order

7 to carry out fully the purposes of that Act during

8 that fiscal year; and

9 (2) the President should include with the budg10 ets for fiscal years 2001 and 2002 that are sub11 mitted to Congress under section 1105 of title 31,

12 United States Code, a request for funds for such fis13 cal years in accordance with the authorizations of

14 appropriations for such fiscal years in that Act.

15 SEC. 2345. SENSE OF CONGRESS REGARDING PRIORITY OF

16 DRUG INTERDICTION AND COUNTERDRUG

17 ACTIVITIES OF THE DEPARTMENT OF DE18 FENSE.

19 It is the sense of Congress that the Secretary of De20 fense should revise the Global Military Force Policy of the

21 Department of Defense in order—

22 (1) to treat the international drug interdiction

23 and counterdrug activities of the Department as a

24 military operation other than war, thereby elevating

25 the priority given such activities under the Policy to
216

•S 899 IS

1 the next priority below the priority given to war

2 under the Policy and to the same priority given to

3 peacekeeping operations under the Policy; and

4 (2) to allocate the assets of the Department to

5 such activities in accordance with the priority given

6 such activities under the revised Policy.

7 CHAPTER 5—FAITH-BASED SUBSTANCE

8 ABUSE TREATMENT

9 SEC. 2350. SHORT TITLE.

10 This chapter may be cited as the ‘‘Faith-Based Drug

11 Treatment Enhancement Act’’.

12 SEC. 2351. PREVENTION AND TREATMENT OF SUBSTANCE

13 ABUSE; SERVICES PROVIDED THROUGH RELI14 GIOUS ORGANIZATIONS.

15 Title V of the Public Health Service Act (42 U.S.C.

16 290aa et seq.) is amended by adding at the end the fol17 lowing:

18 ‘‘PART G—SERVICES PROVIDED THROUGH RELIGIOUS

19 ORGANIZATIONS

20 ‘‘SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS.

21 ‘‘(a) DESIGNATED PROGRAMS.—Subject to sub22 section (b), this part applies to each program under this

23 Act that makes awards of Federal financial assistance to

24 public or private entities for the purpose of carrying out

25 activities to prevent or treat substance abuse (in this part
217

•S 899 IS

1 referred to as a ‘designated program’). Designated pro2 grams include the program under subpart II of part B

3 of title XIX (relating to formula grants to the States).

4 ‘‘(b) LIMITATION.—This part does not apply to any

5 award of Federal financial assistance under a designated

6 program for a purpose other than the purpose specified

7 in subsection (a).

8 ‘‘(c) DEFINITIONS.—For purposes of this part (and

9 subject to subsection (b)):

10 ‘‘(1) DESIGNATED AWARD RECIPIENT.—The

11 term ‘designated award recipient’ means a public or

12 private entity that has received an award under a

13 designated program (whether the award is a des14 ignated direct award or a designated subaward).

15 ‘‘(2) DESIGNATED DIRECT AWARD.—The term

16 ‘designated direct award’ means an award under a

17 designated program that is received directly from

18 the Federal Government.

19 ‘‘(3) DESIGNATED SUBAWARD.—The term ‘des20 ignated subaward’ means an award of financial as21 sistance made by a non-Federal entity, which award

22 consists in whole or in part of Federal financial as23 sistance provided through an award under a des24 ignated program.
218

•S 899 IS

1 ‘‘(4) DESIGNATED PROGRAM.—The term ‘des2 ignated program’ has the meaning given such term

3 in subsection (a).

4 ‘‘(5) FINANCIAL ASSISTANCE.—The term ‘fi5 nancial assistance’ means a grant, cooperative agree6 ment, contract, or voucherized assistance.

7 ‘‘(6) PROGRAM BENEFICIARY.—The term ‘pro8 gram beneficiary’ means an individual who receives

9 program services.

10 ‘‘(7) PROGRAM PARTICIPANT.—The term ‘pro11 gram participant’ has the meaning given such term

12 in section 582(a)(2).

13 ‘‘(8) PROGRAM SERVICES.—The term ‘program

14 services’ means treatment for substance abuse, or

15 preventive services regarding such abuse, provided

16 pursuant to an award under a designated program.

17 ‘‘(9) RELIGIOUS ORGANIZATION.—The term ‘re18 ligious organization’ means a nonprofit religious or19 ganization.

20 ‘‘(10) VOUCHERIZED ASSISTANCE.—The term

21 ‘voucherized assistance’ means—

22 ‘‘(A) a system of selecting and reimbursing

23 program services in which—
219

•S 899 IS

1 ‘‘(i) the beneficiary is given a docu2 ment or other authorization that may be

3 used to pay for program services;

4 ‘‘(ii) the beneficiary chooses the orga5 nization that will provide services to him or

6 her according to rules specified by the des7 ignated award recipient; and

8 ‘‘(iii) the organization selected by the

9 beneficiary is reimbursed by the designated

10 award recipient for program services pro11 vided; or

12 ‘‘(B) any other mode of financial assist13 ance to pay for program services in which the

14 program beneficiary determines the allocation

15 of program funds through his or her selection

16 of one service provider from among alternatives.

17 ‘‘SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PAR18 TICIPANTS.

19 ‘‘(a) IN GENERAL.—

20 ‘‘(1) SCOPE OF AUTHORITY.—Notwithstanding

21 any other provision of law, a religious

22 organization—

23 ‘‘(A) may be a designated award recipient;
220

•S 899 IS

1 ‘‘(B) may make designated subawards to

2 other public or nonprofit private entities (in3 cluding other religious organizations);

4 ‘‘(C) may provide for the provision of pro5 gram services to program beneficiaries through

6 the use of voucherized assistance; and

7 ‘‘(D) may be a provider of services under

8 a designated program, including a provider that

9 accepts voucherized assistance.

10 ‘‘(2) DEFINITION OF PROGRAM PARTICIPANT.—

11 For purposes of this part, the term ‘program partici12 pant’ means a public or private entity that has re13 ceived a designated direct award, or a designated

14 subaward, regardless of whether the entity provides

15 program services. Such term includes an entity

16 whose only participation in a designated program is

17 to provide program services pursuant to the accept18 ance of voucherized assistance.

19 ‘‘(b) RELIGIOUS ORGANIZATIONS.—The purpose of

20 this section is to allow religious organizations to be pro21 gram participants on the same basis as any other non22 profit private provider without impairing the religious

23 character of such organizations, and without diminishing

24 the religious freedom of program beneficiaries.
221

•S 899 IS

1 ‘‘(c) NONDISCRIMINATION AGAINST RELIGIOUS OR2 GANIZATIONS.—

3 ‘‘(1) FINDINGS.—The Congress finds that the

4 establishment clause of the first amendment to the

5 Constitution of the United States does not require

6 that—

7 ‘‘(A) social-welfare programs discriminate

8 against faith-based providers of services; or

9 ‘‘(B) faith-based providers of services, as a

10 prerequisite to participation in Federal pro11 grams, abandon their religious character and

12 censor their religious expression.

13 ‘‘(2) NONDISCRIMINATION.—Religious organiza14 tions are eligible to be program participants on the

15 same basis as any other nonprofit private organiza16 tion. Neither the Federal Government nor a State

17 receiving funds under such programs shall discrimi18 nate against an organization that is or applies to be

19 a program participant on the basis that the organi20 zation has a religious character.

21 ‘‘(d) RELIGIOUS CHARACTER AND FREEDOM.—

22 ‘‘(1) RELIGIOUS ORGANIZATIONS.—Except as

23 provided in this section, any religious organization

24 that is a program participant shall retain its inde25 pendence from Federal, State, and local government,
222

•S 899 IS

1 including such organization’s control over the defini2 tion, development, practice, and expression of its re3 ligious beliefs.

4 ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the

5 Federal Government nor a State shall require a reli6 gious organization to—

7 ‘‘(A) alter its form of internal governance;

8 or

9 ‘‘(B) remove religious art, icons, scripture,

10 or other symbols;

11 in order to be a program participant.

12 ‘‘(e) NONDISCRIMINATION IN EMPLOYMENT.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), nothing in this section shall be construed

15 to modify or affect the provisions of any other Fed16 eral or State law or regulation that relates to dis17 crimination in employment on the basis of religion.

18 ‘‘(2) EXCEPTION.—A religious organization

19 that is a program participant may require that an

20 employee rendering program services adhere to—

21 ‘‘(A) the religious beliefs and practices of

22 such organization; and

23 ‘‘(B) any rules of the organization regard24 ing the use of drugs or alcohol.

25 ‘‘(f) RIGHTS OF PROGRAM BENEFICIARIES.—
223

•S 899 IS

1 ‘‘(1) OBJECTIONS REGARDING RELIGIOUS OR2 GANIZATIONS.—With respect to an individual who is

3 a program beneficiary or a prospective program ben4 eficiary, if the individual objects to a program par5 ticipant on the basis that the participant is a reli6 gious organization, the following applies:

7 ‘‘(A) If the organization received a des8 ignated direct award, the organization shall ar9 range for the individual to receive program

10 services through an alternative entity.

11 ‘‘(B) If the organization received a des12 ignated subaward, the non-Federal entity that

13 made the subaward shall arrange for the indi14 vidual to receive the program services through

15 an alternative program participant.

16 ‘‘(C) If the organization is providing serv17 ices pursuant to voucherized assistance, the

18 designated award recipient that operates the

19 voucherized assistance program shall arrange

20 for the individual to receive the program serv21 ices through an alternative provider.

22 ‘‘(D) Arrangements under any of subpara23 graphs (A) through (C) with an alternative en24 tity shall provide for program services the mon25 etary value of which is not less than the mone-
224

•S 899 IS

1 tary value of the program services that the indi2 vidual would have received from the religious

3 organization involved.

4 ‘‘(2) NONDISCRIMINATION.—

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

6 subparagraph (B) or as otherwise provided in

7 law, a religious organization that is a program

8 participant shall not in providing program serv9 ices discriminate against a program beneficiary

10 on the basis of religion or religious belief.

11 ‘‘(B) LIMITATION.—A religious organiza12 tion that is a program participant may require

13 a program beneficiary who has elected in ac14 cordance with paragraph (1) to receive program

15 services from such organization—

16 ‘‘(i) to actively participate in religious

17 practice, worship, and instruction; and

18 ‘‘(ii) to follow rules of behavior de19 vised by the organizations that are reli20 gious in content or origin.

21 ‘‘(g) FISCAL ACCOUNTABILITY.—

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), any religious organization that is a pro24 gram participant shall be subject to the same regula25 tions as other recipients of awards of Federal finan-
225

•S 899 IS

1 cial assistance to account, in accordance with gen2 erally accepted auditing principles, for the use of the

3 funds provided under such awards.

4 ‘‘(2) LIMITED AUDIT.—With respect to the

5 award involved, if a religious organization that is a

6 program participant maintains the Federal funds in

7 a separate account from non-Federal funds, then

8 only the Federal funds shall be subject to audit.

9 ‘‘(h) COMPLIANCE.—With respect to compliance with

10 this section by an agency, a religious organization may

11 obtain judicial review of agency action in accordance with

12 chapter 7 of title 5, United States Code.

13 ‘‘SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN

14 PURPOSES.

15 ‘‘(a) IN GENERAL.—Except as provided in subsection

16 (b), no funds provided directly to an entity under a des17 ignated program shall be expended for sectarian worship

18 or instruction.

19 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to

20 assistance provided to or on behalf of a program bene21 ficiary if the beneficiary may choose where such assistance

22 is redeemed or allocated.
226

•S 899 IS

1 ‘‘SEC. 584. ADMINISTRATION OF PROGRAM AND TREAT2 MENT OF FUNDS.

3 ‘‘(a) FUNDS NOT AID TO INSTITUTIONS.—Financial

4 assistance under a designated program provided to or on

5 behalf of program beneficiaries is aid to the beneficiary,

6 not to the organization providing program services. The

7 receipt by a program beneficiary of program services at

8 the facilities of the organization shall not constitute Fed9 eral financial assistance to the organization involved.

10 ‘‘(b) PROHIBITION ON STATE DISCRIMINATION IN

11 USE OF FUNDS.—No provision in any State constitution

12 or State law shall be construed to prohibit the expenditure

13 of Federal funds under a designated program in a reli14 gious facility or by a religious organization that is a pro15 gram participant. If a State law or constitution would pre16 vent the expenditure of State or local public funds in such

17 a facility or by such an organization, then the State or

18 local government shall segregate the Federal funds from

19 State or other public funds for purposes of carrying out

20 the designated program.

21 ‘‘SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL

22 IN DRUG TREATMENT PROGRAMS.

23 ‘‘(a) FINDINGS.—The Congress finds that—

24 ‘‘(1) establishing formal educational qualifica25 tion for counselors and other personnel in drug
227

•S 899 IS

1 treatment programs may undermine the effective2 ness of such programs; and

3 ‘‘(2) such formal educational requirements for

4 counselors and other personnel may hinder or pre5 vent the provision of needed drug treatment services.

6 ‘‘(b) LIMITATION ON EDUCATIONAL REQUIREMENTS

7 OF PERSONNEL.—

8 ‘‘(1) TREATMENT OF RELIGIOUS EDUCATION.—

9 If any State or local government that is a program

10 participant imposes formal educational qualifications

11 on providers of program services, including religious

12 organizations, such State or local government shall

13 treat religious education and training of personnel

14 as having a critical and positive role in the delivery

15 of program services. In applying educational quali16 fications for personnel in religious organizations,

17 such State or local government shall give credit for

18 religious education and training equivalent to credit

19 given for secular course work in drug treatment or

20 any other secular subject that is of similar grade

21 level and duration.

22 ‘‘(2) RESTRICTION OF DISCRIMINATION RE23 QUIREMENTS.—

24 ‘‘(A) IN GENERAL.—Subject to paragraph

25 (1), a State or local government that is a pro-
228

•S 899 IS

1 gram participant may establish formal edu2 cational qualifications for personnel in organiza3 tions providing program services that contribute

4 to success in reducing drug use among program

5 beneficiaries.

6 ‘‘(B) EXCEPTION.—The Secretary shall

7 waive the application of any educational quali8 fication imposed under subparagraph (A) for an

9 individual religious organization, if the Sec10 retary determines that—

11 ‘‘(i) the religious organization has a

12 record of prior successful drug treatment

13 for at least the preceding 3 years;

14 ‘‘(ii) the educational qualifications

15 have effectively barred such religious orga16 nization from becoming a program pro17 vider;

18 ‘‘(iii) the organization has applied to

19 the Secretary to waive the qualifications;

20 and

21 ‘‘(iv) the State or local government

22 has failed to demonstrate empirically that

23 the educational qualifications in question

24 are necessary to the successful operation of

25 a drug treatment program.’’.
229

•S 899 IS

1 CHAPTER 6—METHAMPHETAMINE

2 LABORATORIES

3 SEC. 2361. SHORT TITLE.

4 This chapter may be cited as the ‘‘Determined and

5 Full Engagement Against the Threat of Methamphet6 amine’’ or ‘‘DEFEAT Meth’’ Act of 1999.

7 SEC. 2362. ENHANCED PUNISHMENT OF METHAMPHET8 AMINE LABORATORY OPERATORS.

9 (a) FEDERAL SENTENCING GUIDELINES.—

10 (1) IN GENERAL.—Pursuant to its authority

11 under section 994(p) of title 28, United States Code,

12 the United States Sentencing Commission shall

13 amend the Federal sentencing guidelines in accord14 ance with paragraph (2) with respect to any offense

15 relating to the manufacture, attempt to manufac16 ture, or conspiracy to manufacture amphetamine or

17 methamphetamine in violation of—

18 (A) the Controlled Substances Act (21

19 U.S.C. 801 et seq.);

20 (B) the Controlled Substances Import and

21 Export Act (21 U.S.C. 951 et seq.); or

22 (C) the Maritime Drug Law Enforcement

23 Act (46 U.S.C. App. 1901 et seq.).

24 (2) REQUIREMENTS.—In carrying out this sub25 section, the United States Sentencing Commission
230

•S 899 IS

1 shall, with respect to each offense described in para2 graph (1)—

3 (A) increase the base offense level for the

4 offense so that the base offense level is the

5 same as the base offense level applicable to an

6 identical amount of cocaine base; or

7 (B) if the offense created a substantial risk

8 of danger to the health and safety of another

9 person (including any Federal, State, or local

10 law enforcement officer lawfully present at the

11 location of the offense), increase the base of12 fense level for the offense by not less than 3 of13 fense levels above the level established under

14 subparagraph (A).

15 (3) EMERGENCY AUTHORITY TO SENTENCING

16 COMMISSION.—The United States Sentencing Com17 mission shall promulgate amendments pursuant to

18 this subsection as soon as practicable after the date

19 of enactment of this Act in accordance with the pro20 cedure set forth in section 21(a) of the Sentencing

21 Act of 1987 (Public Law 100–182), as though the

22 authority under that Act had not expired.

23 (b) EFFECTIVE DATE.—The amendments made pur24 suant to this section shall apply with respect to any of-
231

•S 899 IS

1 fense occurring on or after the date that is 60 days after

2 the date of enactment of this Act.

3 SEC. 2363. INCREASED RESOURCES FOR LAW ENFORCE4 MENT.

5 (a) AUTHORIZATION OF DEA FUNDS TO COMBAT

6 METHAMPHETAMINES.—

7 (1) PURPOSE.—From amounts made available

8 to carry out this subsection, the Administrator of

9 the Drug Enforcement Administration shall imple10 ment a comprehensive approach for targeting and

11 investigating methamphetamine production, traf12 ficking, and abuse to combat the trafficking of meth13 amphetamine in areas designated by the Director of

14 National Drug Control Policy as high intensity drug

15 trafficking areas, which approach shall include—

16 (A) training local law enforcement agents

17 in the detection and destruction of clandestine

18 methamphetamine laboratories, and the pros19 ecution of any offense relating to the manufac20 ture, attempt to manufacture, or conspiracy to

21 manufacture methamphetamine in violation of

22 the Controlled Substances Act (21 U.S.C. 801

23 et seq.), the Controlled Substances Import and

24 Export Act (21 U.S.C. 951 et seq.), the Mari-
232

•S 899 IS

1 time Drug Law Enforcement Act (46 U.S.C.

2 App. 1901 et seq.), or applicable State law;

3 (B) investigating and assisting in the pros4 ecution of methamphetamine traffickers, estab5 lishing a national clandestine laboratory com6 puter database, reducing the availability of pre7 cursor chemicals being diverted to clandestine

8 laboratories in the United States and abroad,

9 and cleaning up the hazardous waste generated

10 by seized clandestine laboratories; and

11 (C) allocating agents to States with the

12 highest rates of clandestine laboratory closures

13 during the most recent 5 fiscal years.

14 (2) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated to carry out

16 this subsection—

17 (A) $30,000,000 for fiscal year 2000; and

18 (B) such sums as may be necessary for

19 each of fiscal years 2001 through 2004.

20 (b) HIGH INTENSITY DRUG TRAFFICKING AREAS.—

21 (1) IN GENERAL.—From amounts made avail22 able to carry out this subsection, the Director of Na23 tional Drug Control Policy shall combat the traf24 ficking of methamphetamine in areas designated by

25 the Director of National Drug Control Policy as
233

•S 899 IS

1 high intensity drug trafficking areas, including the

2 hiring of new laboratory technicians in rural commu3 nities.

4 (2) AUTHORIZATION OF APPROPRIATIONS.—

5 There are authorized to be appropriated to carry out

6 this subsection—

7 (A) $25,000,000 for fiscal year 2000; and

8 (B) such sums as may be necessary for

9 each of fiscal years 2001 through 2004.

10 (c) EXPANDING METHAMPHETAMINE ABUSE PRE11 VENTION EFFORTS.—

12 (1) PREVENTION PROGRAMS AND ACTIVITIES.—

13 (A) IN GENERAL.—From amounts made

14 available to carry out this subsection, the Direc15 tor of National Drug Control Policy shall—

16 (i) carry out community-based preven17 tion programs that are focused on those

18 populations within the community that are

19 most at-risk for methamphetamine abuse

20 and addiction;

21 (ii) assist local government entities to

22 conduct appropriate methamphetamine

23 prevention activities;

24 (iii) train and educate State and local

25 law enforcement officials on the signs of
234

•S 899 IS

1 methamphetamine abuse and addiction and

2 the options for treatment and prevention;

3 (iv) carry out planning, administra4 tion, and educational activities related to

5 the prevention of methamphetamine abuse

6 and addiction;

7 (v) monitor and evaluate methamphet8 amine prevention activities, and report and

9 disseminate resulting information to the

10 public; and

11 (vi) carry out targeted pilot programs

12 with evaluation components to encourage

13 innovation and experimentation with new

14 methodologies.

15 (B) PRIORITY.—In carrying out this para16 graph, the Director of National Drug Control

17 Policy shall give priority to assisting rural and

18 urban areas that are experiencing a high rate

19 or rapid increases in methamphetamine abuse

20 and addiction.

21 (C) ANALYSES AND EVALUATION.—

22 (i) IN GENERAL.—Of the amount

23 made available to carry out this subsection

24 in each fiscal year, not less than $500,000

25 shall be used by the Director of National
235

•S 899 IS

1 Drug Control Policy, in consultation with

2 the heads of other departments and agen3 cies of the Federal Government—

4 (I) to support and conduct peri5 odic analyses and evaluations of effec6 tive prevention programs for meth7 amphetamine abuse and addiction;

8 and

9 (II) for the development of ap10 propriate strategies for disseminating

11 information about and implementing

12 those programs.

13 (ii) ANNUAL REPORTS.—The Director

14 shall annually submit to Congress a report

15 on results of the analyses and evaluations

16 under clause (i) during the preceding 12-

17 month period.

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to carry out

20 this subsection—

21 (A) $25,000,000 for fiscal year 2000; and

22 (B) such sums as may be necessary for

23 each of fiscal years 2001 through 2004.
236

•S 899 IS

1 SEC. 2364. METHAMPHETAMINE PARAPHERNALIA.

2 Section 422(d) of the Controlled Substances Act (21

3 U.S.C. 863(d)) is amended by inserting

4 ‘‘methamphetamines,’’ after ‘‘PCP,’’.

5 SEC. 2365. MANDATORY RESTITUTION.

6 Section 413(q) of the Controlled Substances Act (21

7 U.S.C. 853(q)) is amended by striking ‘‘may’’ and insert8 ing ‘‘shall’’.

9 SEC. 2366. SENSE OF CONGRESS REGARDING METH10 AMPHETAMINE LABORATORY CLEANUP.

11 (a) FINDINGS.—Congress makes the following find12 ings:

13 (1) Methamphetamine use is increasing.

14 (2) The production of methamphetamine is in15 creasingly taking place in laboratories located in

16 rural and urban areas.

17 (3) This production involves dangerous and ex18 plosive chemicals that are dumped in an unsafe

19 manner.

20 (4) The cost of cleaning up these production

21 sites involves major financial burdens on State and

22 local law enforcement agencies.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that—

25 (1) the Administrator of the Drug Enforcement

26 Administration should develop a comprehensive plan
237

•S 899 IS

1 for addressing the need for the speedy and safe

2 clean up of methamphetamine laboratory sites; and

3 (2) the Federal Government should allocate suf4 ficient funding to pay for a comprehensive effort to

5 clean up methamphetamine laboratory sites.

6 CHAPTER 7—DOCTOR PRESCRIPTIONS OF

7 SCHEDULE I SUBSTANCES

8 SEC. 2371. RESTRICTIONS ON DOCTORS PRESCRIBING

9 SCHEDULE I SUBSTANCES.

10 (a) IN GENERAL.—Not later than 45 days after the

11 date of enactment of this Act, the Secretary of Health and

12 Human Services shall promulgate regulations that require

13 any and all hospitals or health care service providers who

14 receive Federal medicare or medicaid payments based

15 upon appropriate compliance certification, as an additional

16 certification requirement, to certify that no physician or

17 other health care professional who has privileges with such

18 hospital or health care service provider, or is otherwise em19 ployed by them, is currently, or will in the future, pre20 scribe or otherwise recommend a schedule I substance to

21 any person.

22 (b) REPORT.—Not later than 1 year after the date

23 of enactment of this Act, the Secretary of Health and

24 Human Services shall report to Congress the number and
238

•S 899 IS

1 names of institutions refusing or otherwise failing to fulfill

2 certification requirement of subsection (a).

3 (c) REVOCATION OF CERTIFICATION.—The Attorney

4 General shall promulgate regulations to revoke the DEA

5 registration of any physician or other health care provider

6 who recommends or prescribes a schedule I controlled sub7 stance.

8 Subtitle B—Drug Treatment

9 SEC. 2401. COORDINATED JUVENILE SERVICES GRANTS.

10 Title II of the Juvenile Justice and Delinquency Pre11 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

12 by inserting after section 205 the following:

13 ‘‘SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.

14 ‘‘(a) IN GENERAL.—The Attorney General and the

15 Secretary of Health and Human Services shall make

16 grants to a consortium within a State of State or local

17 juvenile justice agencies, State or local substance abuse

18 and mental health agencies, and child service agencies to

19 coordinate the delivery of services to children among these

20 agencies.

21 ‘‘(b) USE OF FUNDS.—A consortium described in

22 subsection (a) that receives a grant under this section

23 shall use the grant for the establishment and implementa24 tion of programs that address the service needs of juve25 niles with substance abuse and treatment problems who
239

•S 899 IS

1 come into contact with the justice system by requiring the

2 following:

3 ‘‘(1) Collaboration across child serving systems,

4 including juvenile justice agencies, relevant sub5 stance abuse and mental health treatment providers,

6 and State or local educational entities and welfare

7 agencies.

8 ‘‘(2) Appropriate screening and assessment of

9 juveniles.

10 ‘‘(3) Individual treatment plans.

11 ‘‘(4) Significant involvement of juvenile judges

12 where possible.

13 ‘‘(c) APPLICATION FOR COORDINATED JUVENILE

14 SERVICES GRANT.—

15 ‘‘(1) IN GENERAL.—A consortium described in

16 subsection (a) desiring to receive a grant under this

17 section shall submit an application containing such

18 information as the Administrator may prescribe.

19 ‘‘(2) CONTENTS.—In addition to guidelines es20 tablished by the Administrator, each application sub21 mitted under paragraph (1) shall provide—

22 ‘‘(A) certification that there has been ap23 propriate consultation with all affected agencies

24 and that there will be appropriate coordination
240

•S 899 IS

1 with all affected agencies in the implementation

2 of the program;

3 ‘‘(B) for the regular evaluation of the pro4 gram funded by the grant and describe the

5 methodology that will be used in evaluating the

6 program;

7 ‘‘(C) assurances that the proposed pro8 gram or activity will not supplant similar pro9 grams and activities currently available in the

10 community; and

11 ‘‘(D) specify plans for obtaining necessary

12 support and continuing the proposed program

13 following the conclusion of Federal support.

14 ‘‘(3) FEDERAL SHARE.—The Federal share of a

15 grant under this section shall not exceed 75 percent

16 of the cost of the program.

17 ‘‘(d) REPORT.—Each recipient of a grant under this

18 section during a fiscal year shall submit to the Attorney

19 General a report regarding the effectiveness of programs

20 established with the grant on the date specified by the At21 torney General.

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

23 shall be made available from the Violent Crime Reduction

24 Trust Fund for each of fiscal years 2000 through 2004,

25 $50,000,000 to carry out this section.’’.
241

•S 899 IS

1 SEC. 2402. JAIL-BASED SUBSTANCE ABUSE TREATMENT

2 PROGRAMS.

3 (a) USE OF RESIDENTIAL SUBSTANCE ABUSE

4 TREATMENT GRANTS TO PROVIDE AFTERCARE SERV5 ICES.—Section 1902 of part S of title I of the Omnibus

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

7 3796ff–1) is amended by adding at the end the following:

8 ‘‘(f) USE OF GRANT AMOUNTS FOR NONRESIDEN9 TIAL AFTERCARE SERVICES.—A State may use amounts

10 received under this part to provide nonresidential sub11 stance abuse treatment aftercare services for inmates or

12 former inmates that meet the requirements of subsection

13 (c), if the chief executive officer of the State certifies to

14 the Attorney General that the State is providing, and will

15 continue to provide, an adequate level of residential treat16 ment services.’’.

17 (b) JAIL-BASED SUBSTANCE ABUSE TREATMENT.—

18 Part S of title I of the Omnibus Crime Control and Safe

19 Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended

20 by adding at the end the following:

21 ‘‘SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

22 ‘‘(a) DEFINITIONS.—In this section:

23 ‘‘(1) The term ‘jail-based substance abuse

24 treatment program’ means a course of individual

25 and group activities, lasting for a period of not less

26 than 3 months, in an area of a correctional facility
242

•S 899 IS

1 set apart from the general population of the correc2 tional facility, if those activities are—

3 ‘‘(A) directed at the substance abuse prob4 lems of prisoners; and

5 ‘‘(B) intended to develop the cognitive, be6 havioral, social, vocational, and other skills of

7 prisoners in order to address the substance

8 abuse and related problems of prisoners.

9 ‘‘(2) The term ‘local correctional facility’ means

10 any correctional facility operated by a unit of local

11 government.

12 ‘‘(b) AUTHORIZATION.—

13 ‘‘(1) IN GENERAL.—Not less than 10 percent of

14 the total amount made available to a State under

15 section 1904(a) for any fiscal year may be used by

16 the State to make grants to local correctional facili17 ties in the State for the purpose of assisting jail18 based substance abuse treatment programs estab19 lished by those local correctional facilities.

20 ‘‘(2) FEDERAL SHARE.—The Federal share of a

21 grant made by a State under this section to a local

22 correctional facility may not exceed 75 percent of

23 the total cost of the jail-based substance abuse treat24 ment program described in the application submitted
243

•S 899 IS

1 under subsection (c) for the fiscal year for which the

2 program receives assistance under this section.

3 ‘‘(c) APPLICATIONS.—

4 ‘‘(1) IN GENERAL.—To be eligible to receive a

5 grant from a State under this section for a jail6 based substance abuse treatment program, the chief

7 executive of a local correctional facility shall submit

8 to the State, in such form and containing such infor9 mation as the State may reasonably require, an ap10 plication that meets the requirements of paragraph

11 (2).

12 ‘‘(2) APPLICATION REQUIREMENTS.—Each ap13 plication submitted under paragraph (1) shall

14 include—

15 ‘‘(A) with respect to the jail-based sub16 stance abuse treatment program for which as17 sistance is sought, a description of the program

18 and a written certification that the local correc19 tional facility will—

20 ‘‘(i) coordinate the design and imple21 mentation of the program between local

22 correctional facility representatives and the

23 appropriate State and local alcohol and

24 substance abuse agencies;
244

•S 899 IS

1 ‘‘(ii) implement (or continue to re2 quire) urinalysis or other proven reliable

3 forms of substance abuse testing of indi4 viduals participating in the program, in5 cluding the testing of individuals released

6 from the jail-based substance abuse treat7 ment program who remain in the custody

8 of the local correctional facility; and

9 ‘‘(iii) carry out the program in accord10 ance with guidelines, which shall be estab11 lished by the State, in order to guarantee

12 each participant in the program access to

13 consistent, continual care if transferred to

14 a different local correctional facility within

15 the State;

16 ‘‘(B) written assurances that Federal

17 funds received by the local correctional facility

18 from the State under this section will be used

19 to supplement, and not to supplant, non-Fed20 eral funds that would otherwise be available for

21 jail-based substance abuse treatment programs

22 assisted with amounts made available to the

23 local correctional facility under this section; and

24 ‘‘(C) a description of the manner in which

25 amounts received by the local correctional facil-
245

•S 899 IS

1 ity from the State under this section will be co2 ordinated with Federal assistance for substance

3 abuse treatment and aftercare services provided

4 to the local correctional facility by the Sub5 stance Abuse and Mental Health Services Ad6 ministration of the Department of Health and

7 Human Services.

8 ‘‘(d) REVIEW OF APPLICATIONS.—

9 ‘‘(1) IN GENERAL.—Upon receipt of an applica10 tion under subsection (c), the State shall—

11 ‘‘(A) review the application to ensure that

12 the application, and the jail-based residential

13 substance abuse treatment program for which a

14 grant under this section is sought, meet the re15 quirements of this section; and

16 ‘‘(B) if so, make an affirmative finding in

17 writing that the jail-based substance abuse

18 treatment program for which assistance is

19 sought meets the requirements of this section.

20 ‘‘(2) APPROVAL.—Based on the review con21 ducted under paragraph (1), not later than 90 days

22 after the date on which an application is submitted

23 under subsection (c), the State shall—

24 ‘‘(A) approve the application, disapprove

25 the application, or request a continued evalua-
246

•S 899 IS

1 tion of the application for an additional period

2 of 90 days; and

3 ‘‘(B) notify the applicant of the action

4 taken under subparagraph (A) and, with re5 spect to any denial of an application under sub6 paragraph (A), afford the applicant an oppor7 tunity for reconsideration.

8 ‘‘(3) ELIGIBILITY FOR PREFERENCE WITH

9 AFTERCARE COMPONENT.—

10 ‘‘(A) IN GENERAL.—In making grants

11 under this section, a State shall give preference

12 to applications from local correctional facilities

13 that ensure that each participant in the jail14 based substance abuse treatment program for

15 which a grant under this section is sought, is

16 required to participate in an aftercare services

17 program that meets the requirements of sub18 paragraph (B), for a period of not less than 1

19 year following the earlier of—

20 ‘‘(i) the date on which the participant

21 completes the jail-based substance abuse

22 treatment program; or

23 ‘‘(ii) the date on which the participant

24 is released from the correctional facility at
247

•S 899 IS

1 the end of the participant’s sentence or is

2 released on parole.

3 ‘‘(B) AFTERCARE SERVICES PROGRAM RE4 QUIREMENTS.—For purposes of subparagraph

5 (A), an aftercare services program meets the re6 quirements of this paragraph if the program—

7 ‘‘(i) in selecting individuals for par8 ticipation in the program, gives priority to

9 individuals who have completed a jail-based

10 substance abuse treatment program;

11 ‘‘(ii) requires each participant in the

12 program to submit to periodic substance

13 abuse testing; and

14 ‘‘(iii) involves the coordination be15 tween the jail-based substance abuse treat16 ment program and other human service

17 and rehabilitation programs that may as18 sist in the rehabilitation of program par19 ticipants, such as—

20 ‘‘(I) educational and job training

21 programs;

22 ‘‘(II) parole supervision pro23 grams;

24 ‘‘(III) half-way house programs;

25 and
248

•S 899 IS

1 ‘‘(IV) participation in self-help

2 and peer group programs; and

3 ‘‘(iv) assists in placing jail-based sub4 stance abuse treatment program partici5 pants with appropriate community sub6 stance abuse treatment facilities upon re7 lease from the correctional facility at the

8 end of a sentence or on parole.

9 ‘‘(e) COORDINATION AND CONSULTATION.—

10 ‘‘(1) COORDINATION.—Each State that makes

11 1 or more grants under this section in any fiscal

12 year shall, to the maximum extent practicable, im13 plement a statewide communications network with

14 the capacity to track the participants in jail-based

15 substance abuse treatment programs established by

16 local correctional facilities in the State as those par17 ticipants move between local correctional facilities

18 within the State.

19 ‘‘(2) CONSULTATION.—Each State described in

20 paragraph (1) shall consult with the Attorney Gen21 eral and the Secretary of Health and Human Serv22 ices to ensure that each jail-based substance abuse

23 treatment program assisted with a grant made by

24 the State under this section incorporates applicable
249

•S 899 IS

1 components of comprehensive approaches, including

2 relapse prevention and aftercare services.

3 ‘‘(f) USE OF GRANT AMOUNTS.—

4 ‘‘(1) IN GENERAL.—Each local correctional fa5 cility that receives a grant under this section shall

6 use the grant amount solely for the purpose of car7 rying out the jail-based substance abuse treatment

8 program described in the application submitted

9 under subsection (c).

10 ‘‘(2) ADMINISTRATION.—Each local correctional

11 facility that receives a grant under this section shall

12 carry out all activities relating to the administration

13 of the grant amount, including reviewing the manner

14 in which the amount is expended, processing, moni15 toring the progress of the program assisted, finan16 cial reporting, technical assistance, grant adjust17 ments, accounting, auditing, and fund disbursement.

18 ‘‘(3) RESTRICTION.—A local correctional facil19 ity may not use any amount of a grant under this

20 section for land acquisition or a construction project.

21 ‘‘(g) REPORTING REQUIREMENT; PERFORMANCE RE22 VIEW.—

23 ‘‘(1) REPORTING REQUIREMENT.—Not later

24 than March 1 each year, each local correctional facil25 ity that receives a grant under this section shall sub-
250

•S 899 IS

1 mit to the Attorney General, through the State, a

2 description and evaluation of the jail-based sub3 stance abuse treatment program carried out by the

4 local correctional facility with the grant amount, in

5 such form and containing such information as the

6 Attorney General may reasonably require.

7 ‘‘(2) PERFORMANCE REVIEW.—The Attorney

8 General shall conduct an annual review of each jail9 based substance abuse treatment program assisted

10 under this section, in order to verify the compliance

11 of local correctional facilities with the requirements

12 of this section.

13 ‘‘(h) NO EFFECT ON STATE ALLOCATION.—Nothing

14 in this section shall be construed to affect the allocation

15 of amounts to States under section 1904(a).’’.

16 (c) ELIGIBILITY FOR SUBSTANCE ABUSE TREAT17 MENT.—Part S of title I of the Omnibus Crime Control

18 and Safe Streets Act of 1968 (42 U.S.C. 3796ff et seq.),

19 as amended by subsection (b), is further amended by add20 ing at the end the following:

21 ‘‘SEC. 1907. DEFINITIONS.

22 ‘‘In this part:

23 ‘‘(1) The term ‘inmate’ means an adult or a ju24 venile who is incarcerated or detained in any State

25 or local correctional facility.
251

•S 899 IS

1 ‘‘(2) The term ‘correctional facility’ includes a

2 secure detention facility and a secure correctional fa3 cility (as those terms are defined in section 103 of

4 the Juvenile Justice and Delinquency Prevention Act

5 of 1974 (42 U.S.C. 5603)).’’.

6 (d) CLERICAL AMENDMENT.—The table of contents

7 for title I of the Omnibus Crime Control and Safe Streets

8 Act of 1968 (42 U.S.C. 3711 et seq.) is amended in the

9 matter relating to part S by adding at the end the fol10 lowing:

‘‘1906. Jail-based substance abuse treatment.

‘‘1907. Definitions.’’.

11 SEC. 2403. JUVENILE SUBSTANCE ABUSE COURTS.

12 (a) GRANT AUTHORITY.—Title I of the Omnibus

13 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

14 3711 et seq.) is amended by adding at the end the fol15 lowing:

16 ‘‘PART AA—JUVENILE SUBSTANCE ABUSE

17 COURTS

18 ‘‘SEC. 2701. DEFINITIONS.

19 ‘‘In this part:

20 ‘‘(1) The term ‘violent juvenile offender’ means

21 a juvenile who has been convicted of a violent of22 fense or adjudicated delinquent for an act that, if

23 committed by an adult, would constitute a violent of24 fense.
252

•S 899 IS

1 ‘‘(2) The term ‘violent offense’ means a crimi2 nal offense during the course of which—

3 ‘‘(A) the individual carried, possessed, or

4 used a firearm or dangerous weapon;

5 ‘‘(B) the death of or serious bodily injury

6 of another person occurred as a direct result of

7 the commission of such offense; or

8 ‘‘(C) the individual used force against the

9 person of another.

10 ‘‘SEC. 2702. GRANT AUTHORITY.

11 ‘‘(a) APPROPRIATE SUBSTANCE ABUSE COURT PRO12 GRAMS.—The Attorney General may make grants to

13 States, State courts, local courts, units of local govern14 ment, and Indian tribes in accordance with this part to

15 establish programs that—

16 ‘‘(1) continue judicial supervision over juvenile

17 offenders (other than violent juvenile offenders) with

18 substance abuse problems; and

19 ‘‘(2) integrate administration of other sanctions

20 and services, which include—

21 ‘‘(A) mandatory periodic testing for the

22 use of controlled substances or other addictive

23 substances during any period of supervised re24 lease or probation for each participant;
253

•S 899 IS

1 ‘‘(B) substance abuse treatment for each

2 participant;

3 ‘‘(C) probation, diversion, or other super4 vised release involving the possibility of prosecu5 tion, confinement, or incarceration based on

6 noncompliance with program requirements or

7 failure to show satisfactory progress;

8 ‘‘(D) programmatic, offender management,

9 and aftercare services such as relapse preven10 tion, health care, education, vocational training,

11 job placement, housing placement, and child

12 care or other family support service for each

13 participant who requires such services;

14 ‘‘(E) payment by the offender of treatment

15 costs, to the extent practicable, such as costs

16 for urinalysis or counseling; and

17 ‘‘(F) payment by the offender of restitu18 tion, to the extent practicable, to either a victim

19 of the offender’s offense or to a restitution or

20 similar victim support fund.

21 ‘‘(b) USE OF GRANTS FOR NECESSARY SUPPORT

22 PROGRAMS.—A recipient of a grant under this part may

23 use the grant to pay for treatment, counseling, and other

24 related and necessary expenses not covered by other Fed-
254

•S 899 IS

1 eral, State, Indian tribal, and local sources of funding that

2 would otherwise be available.

3 ‘‘(c) CONTINUED AVAILABILITY OF GRANT FUNDS.—

4 Amounts made available under this part shall remain

5 available until expended.

6 ‘‘SEC. 2703. APPLICATIONS.

7 ‘‘(a) IN GENERAL.—In order to receive a grant under

8 this part, the chief executive or the chief justice of a State,

9 or the chief executive or chief judge of a unit of local gov10 ernment or Indian tribe shall submit an application to the

11 Attorney General in such form and containing such infor12 mation as the Attorney General may reasonably require.

13 ‘‘(b) CONTENTS.—In addition to any other require14 ments that may be specified by the Attorney General, each

15 application for a grant under this part shall—

16 ‘‘(1) include a long-term strategy and detailed

17 implementation plan;

18 ‘‘(2) explain the applicant’s need for Federal

19 assistance;

20 ‘‘(3) certify that the Federal support provided

21 will be used to supplement, and not supplant, State,

22 Indian tribal, and local sources of funding that

23 would otherwise be available;
255

•S 899 IS

1 ‘‘(4) identify related governmental or commu2 nity initiatives which complement or will be coordi3 nated with the proposal;

4 ‘‘(5) certify that there has been appropriate

5 consultation with all affected agencies and that there

6 will be appropriate coordination with all affected

7 agencies in the implementation of the program;

8 ‘‘(6) certify that participating offenders will be

9 supervised by one or more designated judges with re10 sponsibility for the substance abuse court program;

11 ‘‘(7) specify plans for obtaining necessary sup12 port and continuing the proposed program following

13 the conclusion of Federal support; and

14 ‘‘(8) describe the methodology that will be used

15 in evaluating the program.

16 ‘‘SEC. 2704. FEDERAL SHARE.

17 ‘‘(a) IN GENERAL.—The Federal share of a grant

18 made under this part may not exceed 90 percent of the

19 total costs of the program described in the application sub20 mitted under section 2703 for the fiscal year for which

21 the program receives assistance under this part.

22 ‘‘(b) WAIVER.—The Attorney General may waive, in

23 whole or in part, the requirement of a matching contribu24 tion under subsection (a).
256

•S 899 IS

1 ‘‘(c) IN-KIND CONTRIBUTIONS.—In-kind contribu2 tions may constitute a portion of the non-Federal share

3 of a grant under this part.

4 ‘‘SEC. 2705. REPORT.

5 ‘‘Each recipient of a grant under this part during a

6 fiscal year shall submit to the Attorney General a report

7 regarding the effectiveness of programs established with

8 the grant on the date specified by the Attorney General.

9 ‘‘SEC. 2706. TECHNICAL ASSISTANCE, TRAINING, AND EVAL10 UATION.

11 ‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The

12 Attorney General may provide technical assistance and

13 training in furtherance of the purposes of this part.

14 ‘‘(b) EVALUATIONS.—In addition to any evaluation

15 requirement that may be prescribed for recipients of

16 grants under this part, the Attorney General may carry

17 out or make arrangements for evaluations of programs

18 that receive assistance under this part.

19 ‘‘(c) ADMINISTRATION.—The technical assistance,

20 training, and evaluations authorized by this section may

21 be carried out directly by the Attorney General, in collabo22 ration with the Secretary of Health and Human Services,

23 or through grants, contracts, or other cooperative arrange24 ments with other entities.
257

•S 899 IS

1 ‘‘SEC. 2707. REGULATIONS.

2 The Attorney General shall issue any regulations and

3 guidelines necessary to carry out this part, which shall en4 sure that the programs funded with grants under this part

5 do not permit participation by violent juvenile offenders.

6 ‘‘SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There is authorized to be appropriated for each of

8 fiscal years 2000 through 2005, $50,000,000 to carry out

9 this part.’’.

10 (b) CLERICAL AMENDMENT.—The table of contents

11 for title I of the Omnibus Crime Control and Safe Streets

12 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by add13 ing at the end the following:

‘‘PART AA—JUVENILE SUBSTANCE ABUSE COURTS

‘‘Sec. 2701. Definitions.

‘‘Sec. 2702. Grant authority.

‘‘Sec. 2703. Applications.

‘‘Sec. 2704. Federal share.

‘‘Sec. 2705. Report.

‘‘Sec. 2706. Technical assistance, training, and evaluation.

‘‘Sec. 2707. Regulations.

‘‘Sec. 2708. Authorization of appropriations.’’.

14 Subtitle C—Gangs and Domestic

15 Terrorism

16 CHAPTER 1—JUVENILE GANGS

17 SEC. 2501. SOLICITATION OR RECRUITMENT OF PERSONS

18 IN CRIMINAL STREET GANG ACTIVITY.

19 (a) PROHIBITED ACTS.—Chapter 26 of title 18,

20 United States Code, is amended by adding at the end the

21 following:
258

•S 899 IS

1 ‘‘§ 522. Recruitment of persons to participate in

2 criminal street gang activity

3 ‘‘(a) PROHIBITED ACT.—It shall be unlawful for any

4 person to use any facility in, or travel in, interstate or

5 foreign commerce, or cause another to do so, to recruit,

6 solicit, induce, command, or cause another person to be

7 or to remain as a member of a criminal street gang, or

8 conspire to do so.

9 ‘‘(b) PENALTIES.—Any person who violates sub10 section (a) shall—

11 ‘‘(1) if the person recruited, solicited, induced,

12 commanded, or caused—

13 ‘‘(A) is a minor, be imprisoned not less

14 than 4 years and not more than 10 years, fined

15 in accordance with this title, or both; or

16 ‘‘(B) is not a minor, be imprisoned not less

17 than 1 year and not more than 10 years, fined

18 in accordance with this title, or both; and

19 ‘‘(2) be liable for any costs incurred by the

20 Federal Government or by any State or local govern21 ment for housing, maintaining, and treating the

22 minor until the minor attains the age of 18 years.

23 ‘‘(c) DEFINITIONS.—In this section:

24 ‘‘(1) CRIMINAL STREET GANG.—The term

25 ‘criminal street gang’ has the meaning given the

26 term in section 521.
259

•S 899 IS

1 ‘‘(2) MINOR.—The term ‘minor’ means a per2 son who is younger than 18 years of age.’’.

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 26 of title 18, United States Code, is amended by add5 ing at the end the following:

‘‘522. Recruitment of persons to participate in criminal street gang activity.’’.

6 SEC. 2502. INCREASED PENALTIES FOR USING MINORS TO

7 DISTRIBUTE DRUGS.

8 Section 420 of the Controlled Substances Act (21

9 U.S.C. 861) is amended—

10 (1) in subsection (b), by striking ‘‘one year’’

11 and inserting ‘‘3 years’’; and

12 (2) in subsection (c), by striking ‘‘one year’’

13 and inserting ‘‘5 years’’.

14 SEC. 2503. PENALTIES FOR USE OF MINORS IN CRIMES OF

15 VIOLENCE.

16 (a) IN GENERAL.—Chapter 1 of title 18, United

17 States Code, is amended by adding at the end the fol18 lowing:

19 ‘‘§ 25. Use of minors in crimes of violence

20 ‘‘(a) PENALTIES.—Except as otherwise provided by

21 law, whoever, being not less than 18 years of age, know22 ingly and intentionally uses a minor to commit a Federal

23 offense that is a crime of violence, or to assist in avoiding

24 detection or apprehension for such an offense, shall—
260

•S 899 IS

1 ‘‘(1) be subject to 2 times the maximum impris2 onment and 2 times the maximum fine that would

3 otherwise be imposed for the offense; and

4 ‘‘(2) for second or subsequent convictions under

5 this subsection, be subject to 3 times the maximum

6 imprisonment and 3 times the maximum fine that

7 would otherwise be imposed for the offense.

8 ‘‘(b) DEFINITIONS.—In this section:

9 ‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of

10 violence’ has the meaning given the term in section

11 16 of this title.

12 ‘‘(2) MINOR.—The term ‘minor’ means a per13 son who is less than 18 years of age.

14 ‘‘(3) USES.—The term ‘uses’ means employs,

15 hires, persuades, induces, entices, or coerces.’’.

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 1 of title 18, United States Code, is amended by add18 ing at the end the following:

‘‘25. Use of minors in crimes of violence.’’.

19 SEC. 2504. HIGH INTENSITY INTERSTATE GANG ACTIVITY

20 AREAS.

21 (a) DEFINITIONS.—In this section:

22 (1) GOVERNOR.—The term ‘‘Governor’’ means

23 a Governor of a State or the Mayor of the District

24 of Columbia.
261

•S 899 IS

1 (2) HIGH INTENSITY INTERSTATE GANG ACTIV2 ITY AREA.—The term ‘‘high intensity interstate

3 gang activity area’’ means an area within a State

4 that is designated as a high intensity interstate gang

5 activity area under subsection (b)(1).

6 (3) STATE.—The term ‘‘State’’ means a State

7 of the United States or the District of Columbia.

8 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

9 AREAS.—

10 (1) DESIGNATION.—The Attorney General,

11 upon consultation with the Secretary of the Treas12 ury and the Governors of appropriate States, may

13 designate as a high intensity interstate gang activity

14 area a specified area that is located—

15 (A) within a State; or

16 (B) in more than 1 State.

17 (2) ASSISTANCE.—In order to provide Federal

18 assistance to a high intensity interstate gang activity

19 area, the Attorney General may—

20 (A) facilitate the establishment of a re21 gional task force, consisting of Federal, State,

22 and local law enforcement authorities, for the

23 coordinated investigation, disruption, apprehen24 sion, and prosecution of criminal activities of
262

•S 899 IS

1 gangs and gang members in the high intensity

2 interstate gang activity area; and

3 (B) direct the detailing from any Federal

4 department or agency (subject to the approval

5 of the head of that department or agency, in

6 the case of a department or agency other than

7 the Department of Justice) of personnel to the

8 high intensity interstate gang activity area.

9 (3) CRITERIA FOR DESIGNATION.—In consid10 ering an area (within a State or within more than

11 1 State) for designation as a high intensity inter12 state gang activity area under this subsection, the

13 Attorney General shall consider—

14 (A) the extent to which gangs from the

15 area are involved in interstate or international

16 criminal activity;

17 (B) the extent to which the area is affected

18 by the criminal activity of gang members who—

19 (i) are located in, or have relocated

20 from, other States; or

21 (ii) are located in, or have immigrated

22 (legally or illegally) from, foreign countries;

23 (C) the extent to which the area is affected

24 by the criminal activity of gangs that originated

25 in other States or foreign countries;
263

•S 899 IS

1 (D) the extent to which State and local law

2 enforcement agencies have committed resources

3 to respond to the problem of criminal gang ac4 tivity in the area, as an indication of their de5 termination to respond aggressively to the prob6 lem;

7 (E) the extent to which a significant in8 crease in the allocation of Federal resources

9 would enhance local response to gang-related

10 criminal activities in the area; and

11 (F) any other criteria that the Attorney

12 General considers to be appropriate.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There is authorized to be

15 appropriated for each of fiscal years 2000 through

16 2005, $100,000,000 to carry out this section, to be

17 used in accordance with paragraph (2).

18 (2) USE OF FUNDS.—Of amounts made avail19 able under paragraph (1) in each fiscal year—

20 (A) 75 percent shall be used to carry out

21 subsection (b)(2); and

22 (B) 25 percent shall be used to make

23 grants for community-based programs to pro24 vide crime prevention and intervention services

25 that are designed for gang members and at-risk
264

•S 899 IS

1 youth in areas designated pursuant to this sec2 tion as high intensity interstate gang activity

3 areas.

4 (3) REQUIREMENT.—

5 (A) IN GENERAL.—The Attorney General

6 shall ensure that not less than 10 percent of

7 amounts made available under paragraph (1) in

8 each fiscal year are used to assist rural States

9 affected as described in subparagraphs (B) and

10 (C) of subsection (b)(3).

11 (B) RURAL STATE DEFINED.—In this

12 paragraph, the term ‘‘rural State’’ has the

13 meaning given the term in section 1501(b) of

14 title I of the Omnibus Crime Control and Safe

15 Streets Act of 1968 (42 U.S.C. 3796bb(b)).

16 SEC. 2505. INCREASED PENALTY FOR USE OF PHYSICAL

17 FORCE TO TAMPER WITH WITNESSES, VIC18 TIMS, OR INFORMANTS.

19 (a) IN GENERAL.—Section 1512 of title 18, United

20 States Code, is 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)’’;
265

•S 899 IS

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 of

6 physical force against any person, or attempts to do so,

7 with intent to—

8 ‘‘(A) influence, delay, or prevent the testimony

9 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 offi13 cial proceeding;

14 ‘‘(ii) alter, destroy, mutilate, or conceal an

15 object with intent to impair the object’s integ16 rity or availability for use in an official pro17 ceeding;

18 ‘‘(iii) evade legal process summoning that

19 person to appear as a witness, or to produce a

20 record, document, or other object, in an official

21 proceeding; or

22 ‘‘(iv) be absent from an official proceeding

23 to which such person has been summoned by

24 legal process; or
266

•S 899 IS

1 ‘‘(C) hinder, delay, or prevent the communica2 tion to a law enforcement officer or judge of the

3 United States of information relating to the commis4 sion or possible commission of a Federal offense or

5 a violation of conditions of probation, parole, or re6 lease pending judicial proceedings;

7 shall be punished as provided in paragraph (3).’’; and

8 (D) in paragraph (3), as so redesignated,

9 by striking subparagraph (B) and inserting the

10 following:

11 ‘‘(B) in the case of—

12 ‘‘(i) an attempt to murder; or

13 ‘‘(ii) the use of physical force against

14 any person;

15 imprisonment for not more than 20 years.’’;

16 and

17 (2) in subsection (b), by striking ‘‘or physical

18 force’’.

19 (b) CONSPIRACY.—That section is further amended

20 by adding at the end the following:

21 ‘‘(j) CONSPIRACY.—Whoever conspires to commit any

22 offense under this section or section 1513 shall be subject

23 to the same penalties as those prescribed for the offense

24 the commission of which was the object of the con25 spiracy.’’.
267

•S 899 IS

1 CHAPTER 2—TRAVEL ACT AMENDMENT

2 SEC. 2511. INTERSTATE AND FOREIGN TRAVEL OR TRANS3 PORTATION IN AID OF CRIMINAL GANGS.

4 (a) TRAVEL ACT AMENDMENT.—Section 1952 of

5 title 18, United States Code, is amended to read as fol6 lows:

7 ‘‘§ 1952. Interstate and foreign travel or transpor8 tation in aid of racketeering enterprises

9 ‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—

10 ‘‘(1) IN GENERAL.—Whoever—

11 ‘‘(A) travels in interstate or foreign com12 merce or uses the mail or any facility in inter13 state or foreign commerce, with intent to—

14 ‘‘(i) distribute the proceeds of any un15 lawful activity; or

16 ‘‘(ii) otherwise promote, manage, es17 tablish, carry on, or facilitate the pro18 motion, management, establishment, or

19 carrying on, of any unlawful activity; and

20 ‘‘(B) after travel or use of the mail or any

21 facility in interstate or foreign commerce de22 scribed in subparagraph (A), performs, at23 tempts to perform, or conspires to perform an

24 act described in clause (i) or (ii) of subpara25 graph (A);
268

•S 899 IS

1 shall be fined under this title, imprisoned not more

2 than 10 years, or both.

3 ‘‘(2) CRIMES OF VIOLENCE.—Whoever—

4 ‘‘(A) travels in interstate or foreign com5 merce or uses the mail or any facility in inter6 state or foreign commerce, with intent to com7 mit any crime of violence to further any unlaw8 ful activity; and

9 ‘‘(B) after travel or use of the mail or any

10 facility in interstate or foreign commerce de11 scribed in subparagraph (A), commits, attempts

12 to commit, or conspires to commit any crime of

13 violence to further any unlawful activity;

14 shall be fined under this title, imprisoned for not

15 more than 20 years, or both, and if death results

16 shall be sentenced to death or be imprisoned for any

17 term of years or for life.

18 ‘‘(b) DEFINITIONS.—In this section:

19 ‘‘(1) CONTROLLED SUBSTANCE.—The term

20 ‘controlled substance’ has the meaning given that

21 term in section 102(6) of the Controlled Substances

22 Act (21 U.S.C. 802(6)).

23 ‘‘(2) STATE.—The term ‘State’ includes a State

24 of the United States, the District of Columbia, and
269

•S 899 IS

1 any commonwealth, territory, or possession of the

2 United States.

3 ‘‘(3) UNLAWFUL ACTIVITY.—The term ‘unlaw4 ful activity’ means—

5 ‘‘(A) any business enterprise involving

6 gambling, liquor on which the Federal excise

7 tax has not been paid, narcotics or controlled

8 substances, or prostitution offenses in violation

9 of the laws of the State in which the offense is

10 committed or of the United States;

11 ‘‘(B) extortion, bribery, arson, burglary if

12 the offense involves property valued at not less

13 than $10,000, assault with a deadly weapon,

14 assault resulting in bodily injury, shooting at an

15 occupied dwelling or motor vehicle, or retalia16 tion against or intimidation of witnesses, vic17 tims, jurors, or informants, in violation of the

18 laws of the State in which the offense is com19 mitted or of the United States;

20 ‘‘(C) the use of bribery, force, intimidation,

21 or threat, directed against any person, to delay

22 or influence the testimony of or prevent from

23 testifying a witness in a State criminal pro24 ceeding or by any such means to cause any per25 son to destroy, alter, or conceal a record, docu-
270

•S 899 IS

1 ment, or other object, with intent to impair the

2 object’s integrity or availability for use in such

3 a proceeding; or

4 ‘‘(D) any act that is indictable under sec5 tion 1956 or 1957 of this title or under sub6 chapter II of chapter 53 of title 31.’’.

7 (b) AMENDMENT OF SENTENCING GUIDELINES.—

8 (1) IN GENERAL.—Pursuant to its authority

9 under section 994(p) of title 28, United States Code,

10 the United States Sentencing Commission shall

11 amend chapter 2 of the Federal Sentencing Guide12 lines to provide an appropriate increase in the of13 fense levels for traveling in interstate or foreign

14 commerce in aid of unlawful activity.

15 (2) UNLAWFUL ACTIVITY DEFINED.—In this

16 subsection, the term ‘‘unlawful activity’’ has the

17 meaning given that term in section 1952(b) of title

18 18, United States Code, as amended by this section.

19 (3) SENTENCING ENHANCEMENT FOR RECRUIT20 MENT ACROSS STATE LINES.—Pursuant to its au21 thority under section 994(p) of title 28, United

22 States Code, the United States Sentencing Commis23 sion shall amend the Federal Sentencing Guidelines

24 to provide an appropriate enhancement for a person

25 who, in violating section 522 of title 18, United
271

•S 899 IS

1 States Code (as added by section 2501 of this Act),

2 recruits, solicits, induces, commands, or causes an3 other person residing in another State to be or to re4 main a member of a criminal gang, or crosses a

5 State line with the intent to recruit, solicit, induce,

6 command, or cause another person to be or to re7 main a member of a criminal gang.

8 CHAPTER 3—DISTRIBUTION OF

9 INFORMATION ON DESTRUCTIVE DEVICES

10 SEC. 2521. CRIMINAL PROHIBITION ON DISTRIBUTION OF

11 CERTAIN INFORMATION RELATING TO EX12 PLOSIVES, DESTRUCTIVE DEVICES, AND

13 WEAPONS OF MASS DESTRUCTION.

14 (a) UNLAWFUL CONDUCT.—Section 842 of title 18,

15 United States Code, is amended by adding at the end the

16 following:

17 ‘‘(p) DISTRIBUTION OF INFORMATION RELATING TO

18 EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF

19 MASS DESTRUCTION.—

20 ‘‘(1) DEFINITIONS.—In this subsection:

21 ‘‘(A) The term ‘destructive device’ has the

22 same meaning as in section 921(a)(4).

23 ‘‘(B) The term ‘explosive’ has the same

24 meaning as in section 844(j).
272

•S 899 IS

1 ‘‘(C) The term ‘weapon of mass destruc2 tion’ has the same meaning as in section

3 2332a(c)(2).

4 ‘‘(2) PROHIBITION.—It shall be unlawful for

5 any person—

6 ‘‘(A) to teach or demonstrate the making

7 or use of an explosive, a destructive device, or

8 a weapon of mass destruction, or to distribute

9 by any means information pertaining to, in

10 whole or in part, the manufacture or use of an

11 explosive, destructive device, or weapon of mass

12 destruction, with the intent that the teaching,

13 demonstration, or information be used for, or in

14 furtherance of, an activity that constitutes a

15 Federal crime of violence; or

16 ‘‘(B) to teach or demonstrate to any per17 son the making or use of an explosive, a de18 structive device, or a weapon of mass destruc19 tion, or to distribute to any person, by any

20 means, information pertaining to, in whole or in

21 part, the manufacture or use of an explosive,

22 destructive device, or weapon of mass destruc23 tion, knowing that such person intends to use

24 the teaching, demonstration, or information for,
273

•S 899 IS

1 or in furtherance of, an activity that constitutes

2 a Federal crime of violence.’’.

3 (b) PENALTIES.—Section 844 of title 18, United

4 States Code, is amended—

5 (1) in subsection (a), by striking ‘‘person who

6 violates any of subsections’’ and inserting the fol7 lowing: ‘‘person who—

8 ‘‘(1) violates any of subsections’’;

9 (2) by striking the period at the end and insert10 ing ‘‘; and’’;

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

12 ‘‘(2) violates subsection (p)(2) of section 842,

13 shall be fined under this title, imprisoned not more

14 than 20 years, or both.’’; and

15 (4) in subsection (j), by striking ‘‘and (i)’’ and

16 inserting ‘‘(i), and (p)’’.

17 CHAPTER 4—ANIMAL ENTERPRISE

18 TERRORISM AND ECOTERRORISM

19 SEC. 2531. ENHANCEMENT OF PENALTIES FOR ANIMAL EN20 TERPRISE TERRORISM.

21 Section 43 of title 18, United States Code, is

22 amended—

23 (1) in subsection (a)—
274

•S 899 IS

1 (A), by striking ‘‘under this title’’ and in2 serting ‘‘consistent with this title or double the

3 amount of damages, whichever is greater,’’; and

4 (B) by striking ‘‘one year’’ and inserting

5 ‘‘five years’’; and

6 (2) in subsection (b)—

7 (A) by redesignating paragraph (2) as

8 paragraph (3);

9 (B) by inserting after paragraph (1) the

10 following new paragraph (2):

11 ‘‘(2) EXPLOSIVES OR ARSON.—Who12 ever in the course of a violation of sub13 section (a) maliciously damages or de14 stroys, or attempts to damage or destroy,

15 by means of fire or an explosive, any build16 ing, vehicle, or other real or personal prop17 erty used by the animal enterprise shall be

18 imprisoned for not less than 5 years and

19 not more than 20 years, fined under this

20 title, or both.’’; and

21 (C) in paragraph (3), as so redesignated,

22 by striking ‘‘under this title and’’ and all that

23 follows and inserting ‘‘under this title, impris24 oned for life or for any term of years, or sen25 tenced to death.’’.
275

•S 899 IS

1 SEC. 2532. NATIONAL ANIMAL TERRORISM AND

2 ECOTERRORISM INCIDENT CLEARINGHOUSE.

3 (a) IN GENERAL.—The Director shall establish and

4 maintain a national clearinghouse for information on inci5 dents of crime and terrorism—

6 (1) committed against or directed at any animal

7 enterprise;

8 (2) committed against or directed at any com9 mercial activity because of the perceived impact or

10 effect of such commercial activity on the environ11 ment; or

12 (3) committed against or directed at any person

13 because of such person’s perceived connection with

14 or support of any enterprise or activity described in

15 paragraph (1) or (2).

16 (b) CLEARINGHOUSE.—The clearinghouse established

17 under subsection (a) shall—

18 (1) accept, collect, and maintain information on

19 incidents described in subsection (a) that is sub20 mitted to the clearinghouse by Federal, State, and

21 local law enforcement agencies, by law enforcement

22 agencies of foreign countries, and by victims of such

23 incidents;

24 (2) collate and index such information for pur25 poses of cross-referencing; and
276

•S 899 IS

1 (3) upon request from a Federal, State, or local

2 law enforcement agency, or from a law enforcement

3 agency of a foreign country, provide such informa4 tion to assist in the investigation of an incident de5 scribed in subsection (a).

6 (c) SCOPE OF INFORMATION.—The information

7 maintained by the clearinghouse for each incident shall,

8 to the extent practicable, include—

9 (1) the date, time, and place of the incident;

10 (2) details of the incident;

11 (3) any available information on suspects or

12 perpetrators of the incident; and

13 (4) any other relevant information.

14 (d) DESIGN OF CLEARINGHOUSE.—The clearing15 house shall be designed for maximum ease of use by par16 ticipating law enforcement agencies.

17 (e) PUBLICITY.—The Director shall publicize the ex18 istence of the clearinghouse to law enforcement agencies

19 by appropriate means.

20 (f) RESOURCES.—In establishing and maintaining

21 the clearinghouse, the Director may—

22 (1) through the Attorney General, utilize the re23 sources of any other department or agency of the

24 Federal Government; and
277

•S 899 IS

1 (2) accept assistance and information from pri2 vate organizations or individuals.

3 (g) COORDINATION.—The Director shall carry out

4 the Director’s responsibilities under this section in co5 operation with the Director of the Bureau of Alcohol, To6 bacco, and Firearms.

7 (h) DEFINITIONS.—As used in this section:

8 (1) The term ‘‘animal enterprise’’ has the same

9 meaning given such term in section 43 of title 18,

10 United States Code.

11 (2) The term ‘‘Director’’ means the Director of

12 the Federal Bureau of Investigation.

13 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

14 hereby authorized to be appropriated for fiscal years 2000,

15 2001, 2002, 2003, and 2004 such sums as are necessary

16 to carry out this section.

17 Subtitle D—High Intensity Drug

18 Trafficking Areas

19 SEC. 2601. FINDINGS; PURPOSE.

20 (a) FINDINGS.—Congress makes the following find21 ings:

22 (1) Numerous law enforcement agencies, includ23 ing the United States Customs Service, the Drug

24 Enforcement Agency, and State and local law en25 forcement agencies, are overwhelmed by the high
278

•S 899 IS

1 volume of methamphetamine trafficking along the

2 Northern Border of the United States, including

3 throughout the State of Minnesota.

4 (2) Minnesota and other States along the

5 northern border have become hubs for the clandes6 tine manufacture, production, sale, and abuse of

7 methamphetamines.

8 (3) It is necessary to coordinate Federal, State,

9 and local law enforcement efforts to address the

10 problem of methamphetamine trafficking and abuse

11 along the northern border.

12 (b) PURPOSE.—The purpose of this subtitle is to pro13 vide for the designation of the Northern Border of the

14 United States as a high intensity drug trafficking area to

15 better address the problem of methamphetamine traf16 ficking along the area of the northern border by directing

17 additional resources to the area.

18 SEC. 2602. DESIGNATION OF NORTHERN BORDER AS HIGH

19 INTENSITY DRUG TRAFFICKING AREA.

20 Not later than 180 days after the date of enactment

21 of this Act, the Director of the Office of National Drug

22 Control Policy shall designate appropriate areas along the

23 Northern Border of the United States as a high intensity

24 drug trafficking area. The areas designated shall include

25 the State of Minnesota.
279

•S 899 IS

1 SEC. 2603. AUTHORIZATION OF APPROPRIATIONS.

2 There is hereby authorized to be appropriated to the

3 Office of National Drug Control Policy for fiscal year

4 2000, $2,700,000 to carry out the purposes of this sub5 title.

6 TITLE III—CRIMINAL USE OF

7 FIREARMS BY FELONS

8 Subtitle A—Criminal Use of

9 Firearms by Felons

10 SEC. 3001. SHORT TITLE.

11 This subtitle may be referred to as the ‘‘Criminal Use

12 of Firearms by Felons (CUFF) Act’’.

13 SEC. 3002. CRIMINAL USE OF FIREARMS BY FELONS PRO14 GRAM.

15 (a) IN GENERAL.—Not later than 90 days after the

16 date of the enactment of this Act, the Attorney General

17 shall establish in the jurisdictions specified in subsection

18 (d) a program that meets the requirements of subsections

19 (b) and (c). The program shall be known as the ‘‘Criminal

20 Use of Firearms by Felons (CUFF) Program’’.

21 (b) PROGRAM ELEMENTS.—Each program estab22 lished under subsection (a) shall, for the jurisdiction

23 concerned—

24 (1) provide for coordination with State and

25 local law enforcement officials in the identification of

26 violations of Federal firearms laws;
280

•S 899 IS

1 (2) provide for the establishment of agreements

2 with State and local law enforcement officials for the

3 referral to the United States Attorney for prosecu4 tion of persons arrested for violations of section

5 922(a)(6), 922(g)(1), 922(g)(2), 922(g)(3), 922(j),

6 922(k), or 924(c) of title 18, United States Code, or

7 section 5861(d) or 5861(h) of the Internal Revenue

8 Code of 1986, relating to firearms;

9 (3) require that the United States Attorney

10 designate not less than 1 Assistant United States

11 Attorney to prosecute violations of Federal firearms

12 laws;

13 (4) provide for the hiring of agents for the Bu14 reau of Alcohol, Tobacco, and Firearms to inves15 tigate violations of the provisions referred to in

16 paragraph (2) and section 922(a)(5) of title 18,

17 United States Code, relating to firearms; and

18 (5) ensure that each person referred to the

19 United States Attorney under paragraph (1) be

20 charged with a violation of the most serious Federal

21 offense consistent with the act committed.

22 (c) PUBLIC EDUCATION CAMPAIGN.—As part of the

23 program for a jurisdiction, the United States Attorney

24 shall carry out, in cooperation with local civic, community,
281

•S 899 IS

1 and religious organizations, an extensive media campaign

2 focused in high-crime areas to—

3 (1) educate the public about the severity of pen4 alties for violations of Federal firearms laws; and

5 (2) encourage law-abiding citizens to report the

6 possession of illegal firearms to authorities.

7 (d) COVERED JURISDICTIONS.—The jurisdictions

8 specified in this subsection are the following 25 jurisdic9 tions:

10 (1) The 10 jurisdictions with a population equal

11 to or greater than 100,000 persons that had the

12 highest total number of violent crimes according to

13 the FBI uniform crime report for 1998.

14 (2) The 15 jurisdictions with such a population,

15 other than the jurisdictions covered by paragraph

16 (1), with the highest per capita rate of violent crime

17 according to the FBI uniform crime report for 1998.

18 SEC. 3003. ANNUAL REPORTS.

19 Not later than one year after the date of the enact20 ment of this Act and annually thereafter, the Attorney

21 General shall submit to the Committees on the Judiciary

22 of Senate and House of Representatives a report con23 taining the following information:

24 (1) The number of Assistant United States At25 torneys hired under the program under this subtitle
282

•S 899 IS

1 during the year preceding the year in which the re2 port is submitted in order to prosecute violations of

3 Federal firearms laws in Federal court.

4 (2) The number of individuals indicted for such

5 violations during that year by reason of the pro6 gram.

7 (3) The increase or decrease in the number of

8 individuals indicted for such violations during that

9 year by reason of the program when compared with

10 the year preceding that year.

11 (4) The number of individuals held without

12 bond in anticipation of prosecution by reason of the

13 program.

14 (5) To the extent information is available, the

15 average length of prison sentence of the individuals

16 convicted of violations of Federal firearms laws by

17 reason of the program.

18 SEC. 3004. AUTHORIZATION OF APPROPRIATIONS.

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated for fiscal year 2000

21 $50,000,000 for purposes of the program required under

22 section 3002, of which—

23 (1) $40,000,000 shall be for salaries and ex24 penses of Assistant United States Attorneys and Bu25 reau of Alcohol, Tobacco, and Firearms agents; and
283

•S 899 IS

1 (2) $10,000,000 shall be available for the public

2 relations campaign required by subsection (c) of that

3 section.

4 (b) USE OF FUNDS.—(1) The Assistant United

5 States Attorneys hired using amounts appropriated pursu6 ant to the authorization of appropriations in subsection

7 (a) shall prosecute violations of Federal firearms laws in

8 accordance with section 3002(b)(3).

9 (2) The Bureau of Alcohol, Tobacco, and Firearms

10 agents hired using amounts appropriated pursuant to the

11 authorization of appropriations in subsection (a) shall, to

12 the maximum extent practicable, concentrate their inves13 tigations on violations of Federal firearms laws in accord14 ance with section 3002(b)(4).

15 (3) It is the sense of Congress that amounts made

16 available under this section for the public education cam17 paign required by section 3002(c) should, to the maximum

18 extent practicable, be matched with State or local funds

19 or private donations.
284

•S 899 IS

1 Subtitle B—Apprehension and

2 Treatment of Armed Violent

3 Criminals

4 SEC. 3101. APPREHENSION AND PROCEDURAL TREATMENT

5 OF ARMED VIOLENT CRIMINALS.

6 (a) PRETRIAL DETENTION FOR POSSESSION OF

7 FIREARMS OR EXPLOSIVES BY CONVICTED FELONS.—

8 Section 3156(a)(4) of title 18, United States Code, is

9 amended—

10 (1) by striking ‘‘or’’ at the end of subparagraph

11 (B);

12 (2) by striking ‘‘and’’ at the end of subpara13 graph (C) and inserting ‘‘or’’; and

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

15 ‘‘(D) an offense that is a violation of sec16 tion 842(i) or 922(g) (relating to possession of

17 explosives or firearms by convicted felons);

18 and’’.

19 (b) FIREARMS POSSESSION BY VIOLENT FELONS

20 AND SERIOUS DRUG OFFENDERS.—Section 924(a)(2) of

21 title 18, United States Code, is amended—

22 (1) by striking ‘‘Whoever’’ and inserting ‘‘(A)

23 Except as provided in subparagraph (B), any person

24 who’’; and

25 (2) by adding at the end the following:
285

•S 899 IS

1 ‘‘(B) Notwithstanding any other provision of law, the

2 court shall not grant a probationary sentence to a person

3 who has more than 1 previous conviction for a violent fel4 ony or a serious drug offense, committed under different

5 circumstances.’’.

6 TITLE IV—JUVENILE CRIME

7 CONTROL AND DELINQUENCY

8 PREVENTION

9 Subtitle A—Juvenile Justice

10 Reform

11 SEC. 4101. REPEAL OF GENERAL PROVISION.

12 (a) IN GENERAL.—Chapter 401 of title 18, United

13 States Code, is amended—

14 (1) by striking section 5001; and

15 (2) by redesignating section 5003 as section

16 5001.

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

18 The analysis for chapter 401 of title 18, United States

19 Code, is amended—

20 (1) by striking the items relating to sections

21 5001 and 5002; and

22 (2) by redesignating the item relating to section

23 5003 as an item relating to section 5001.
286

•S 899 IS

1 SEC. 4102. TREATMENT OF FEDERAL JUVENILE OFFEND2 ERS.

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

4 States Code, is amended to read as follows:

5 ‘‘§ 5032. Delinquency proceedings in district courts;

6 juveniles tried as adults; transfer for

7 other criminal prosecution

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) DELINQUENCY PROCEEDINGS IN DISTRICT

10 COURTS.—A juvenile who is alleged to have com11 mitted a Federal offense shall, except as provided in

12 paragraph (2), be tried in the appropriate district

13 court of the United States—

14 ‘‘(A) in the case of an offense described in

15 subsection (c), and except as provided in sub16 section (i), if the juvenile was not less than 14

17 years of age at the time of the offense, as an

18 adult at the discretion of the United States At19 torney in the appropriate jurisdiction, upon cer20 tification by that United States Attorney (which

21 certification shall not be subject to review in or

22 by any court) that—

23 ‘‘(i) there is a substantial Federal in24 terest in the case or the offense to warrant

25 the exercise of Federal jurisdiction; or
287

•S 899 IS

1 ‘‘(ii) the ends of justice otherwise so

2 require;

3 ‘‘(B) in the case of a felony offense that is

4 not described in subsection (c), and except as

5 provided in subsection (i), if the juvenile was

6 not less than 14 years of age at the time of the

7 offense, as an adult, upon certification by the

8 Attorney General (which certification shall not

9 be subject to review in or by any court) that—

10 ‘‘(i) there is a substantial Federal in11 terest in the case or the offense to warrant

12 the exercise of Federal jurisdiction; or

13 ‘‘(ii) the ends of justice otherwise so

14 require;

15 ‘‘(C) in the case of a juvenile who has, on

16 a prior occasion, been tried and convicted as an

17 adult under this section, as an adult; and

18 ‘‘(D) in all other cases, as a juvenile.

19 ‘‘(2) REFERRAL BY UNITED STATES ATTORNEY;

20 APPLICATION TO CONCURRENT JURISDICTION.—

21 ‘‘(A) IN GENERAL.—If the United States

22 Attorney in the appropriate jurisdiction (or in

23 the case of an offense under paragraph (1)(B),

24 the Attorney General), declines prosecution of

25 an offense under this section, the matter may
288

•S 899 IS

1 be referred to the appropriate legal authorities

2 of the State or Indian tribe with jurisdiction

3 over both the offense and the juvenile.

4 ‘‘(B) APPLICATION TO CONCURRENT JU5 RISDICTION.—The United States Attorney in

6 the appropriate jurisdiction (or, in the case of

7 an offense under paragraph (1)(B), the Attor8 ney General), in cases of concurrent jurisdiction

9 between the Federal Government and a State or

10 Indian tribe over both the offense and the juve11 nile, shall exercise a presumption in favor of re12 ferral pursuant to subparagraph (A), unless the

13 United States Attorney pursuant to paragraph

14 (1)(A) (or the Attorney General pursuant to

15 paragraph (1)(B)) certifies (which certification

16 shall not be subject to review in or by any

17 court) that—

18 ‘‘(i) the prosecuting authority or the

19 juvenile court or other appropriate court of

20 the State or Indian tribe refuses, declines,

21 or will refuse or will decline to assume ju22 risdiction over the offense or the juvenile;

23 and
289

•S 899 IS

1 ‘‘(ii) there is a substantial Federal in2 terest in the case or the offense to warrant

3 the exercise of Federal jurisdiction.

4 ‘‘(C) DEFINITIONS.—In this subsection:

5 ‘‘(i) INDIAN TRIBE.—The term ‘In6 dian tribe’ has the meaning given the term

7 in section 4(e) of the Indian Self-Deter8 mination and Education Assistance Act

9 (25 U.S.C. 450b(e)).

10 ‘‘(ii) STATE.—The term ‘State’ in11 cludes a State of the United States, the

12 District of Columbia, and any common13 wealth, territory, or possession of the

14 United States.

15 ‘‘(b) JOINDER; LESSER INCLUDED OFFENSES.—In a

16 prosecution under this section, a juvenile may be pros17 ecuted and convicted as an adult for any offense that is

18 properly joined under the Federal Rules of Criminal Pro19 cedure with an offense described in subsection (c), and

20 may also be convicted of a lesser included offense.

21 ‘‘(c) OFFENSES DESCRIBED.—An offense is de22 scribed in this subsection if it is a Federal offense that—

23 ‘‘(1) is a serious violent felony or a serious drug

24 offense (as those terms are defined in section
290

•S 899 IS

1 3559(c), except that section 3559(c)(3) does not

2 apply to this subsection); or

3 ‘‘(2) is a conspiracy or an attempt to commit

4 an offense described in paragraph (1).

5 ‘‘(d) WAIVER TO JUVENILE STATUS IN CERTAIN

6 CASES; LIMITATIONS ON JUDICIAL REVIEW.—

7 ‘‘(1) IN GENERAL.—Except as otherwise pro8 vided in this subsection, a determination to approve

9 or not to approve, or to institute or not to institute,

10 a prosecution under subsection (a)(1) shall not be

11 reviewable in any court.

12 ‘‘(2) DETERMINATION BY COURT ON TRIAL AS

13 ADULT OF CERTAIN JUVENILE.—In any prosecution

14 of a juvenile under subsection (a)(1)(A) if the juve15 nile was less than 16 years of age at the time of the

16 offense, or under subsection (a)(1)(B), upon motion

17 of the defendant and after a hearing, the court in

18 which criminal charges have been filed shall deter19 mine whether to issue an order to provide for the

20 transfer of the defendant to juvenile status for the

21 purposes of proceeding against the defendant under

22 subsection (a).

23 ‘‘(3) TIME REQUIREMENTS.—A motion by a de24 fendant under paragraph (2) shall not be considered
291

•S 899 IS

1 unless that motion is filed not later than 20 days

2 after the date on which the defendant—

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

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

5 and elects to proceed pro se.

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

7 the transfer of a defendant to juvenile status under

8 paragraph (2) unless the defendant establishes by

9 clear and convincing evidence or information that re10 moval to juvenile status would be in the interest of

11 justice. In making a determination under paragraph

12 (2), the court may consider—

13 ‘‘(A) the nature of the alleged offense, in14 cluding the extent to which the juvenile played

15 a leadership role in an organization, or other16 wise influenced other persons to take part in

17 criminal activities;

18 ‘‘(B) whether prosecution of the juvenile as

19 an adult is necessary to protect property or

20 public safety;

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

22 juvenile;

23 ‘‘(D) the extent and nature of the prior

24 criminal or delinquency record of the juvenile;
292

•S 899 IS

1 ‘‘(E) the intellectual development and psy2 chological maturity of the juvenile;

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

4 and the response of the juvenile to those efforts;

5 and

6 ‘‘(G) the availability of programs designed

7 to treat any identified behavioral problems of

8 the juvenile.

9 ‘‘(5) STATUS OF ORDERS.—

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

11 made in ruling on a motion by a defendant to

12 transfer a defendant to juvenile status under

13 this subsection shall not be a final order for the

14 purpose of enabling an appeal, except that an

15 appeal by the United States shall lie to a court

16 of appeals pursuant to section 3731 from an

17 order of a district court removing a defendant

18 to juvenile status.

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

20 of appeal of an order under this paragraph, a

21 court of appeals shall hear and determine the

22 appeal on an expedited basis.

23 ‘‘(6) INADMISSIBILITY OF EVIDENCE.—

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

25 subparagraph (B), no statement made by a de-
293

•S 899 IS

1 fendant during or in connection with a hearing

2 under this subsection shall be admissible

3 against the defendant in any criminal prosecu4 tion.

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

6 subparagraph (A) shall not apply, except—

7 ‘‘(i) for impeachment purposes; or

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

9 giving a false statement.

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

11 and admissibility of evidence under this subsection

12 shall be the same as prescribed in section 3142(f).

13 ‘‘(e) APPLICABLE PROCEDURES.—Any prosecution in

14 a district court of the United States under this section—

15 ‘‘(1) in the case of a juvenile tried as an adult

16 under subsection (a), shall proceed in the same man17 ner as is required by this title and by the Federal

18 Rules of Criminal Procedure in any proceeding

19 against an adult; and

20 ‘‘(2) in all other cases, shall proceed in accord21 ance with this chapter, unless the juvenile has re22 quested in writing, upon advice of counsel, to be pro23 ceeded against as an adult.

24 ‘‘(f) APPLICATION OF LAWS.—
294

•S 899 IS

1 ‘‘(1) APPLICABILITY OF SENTENCING PROVI2 SIONS.—

3 ‘‘(A) IN GENERAL.—Except as otherwise

4 provided in this chapter, in any case in which

5 a juvenile is prosecuted in a district court of the

6 United States as an adult, the juvenile shall be

7 subject to the same laws, rules, and proceedings

8 regarding sentencing (including the availability

9 of probation, restitution, fines, forfeiture, im10 prisonment, and supervised release) that would

11 be applicable in the case of an adult, except

12 that no person shall be subject to the death

13 penalty for an offense committed before the

14 person attains the age of 18 years.

15 ‘‘(B) STATUS AS ADULT.—No juvenile sen16 tenced to a term of imprisonment shall be re17 leased from custody on the basis that the juve18 nile has attained the age of 18 years.

19 ‘‘(C) APPLICABLE GUIDELINES.—Each ju20 venile tried as an adult shall be sentenced in ac21 cordance with the Federal sentencing guidelines

22 promulgated under section 994(z) of title 28,

23 United States Code, once such guidelines are

24 promulgated and take effect.
295

•S 899 IS

1 ‘‘(2) APPLICABILITY OF MANDATORY RESTITU2 TION PROVISIONS TO CERTAIN JUVENILES.—If a ju3 venile is tried as an adult for any offense to which

4 the mandatory restitution provisions of sections

5 3663A, 2248, 2259, 2264, and 2323 apply, those

6 sections shall apply to that juvenile in the same

7 manner and to the same extent as those provisions

8 apply to adults.

9 ‘‘(g) OPEN PROCEEDINGS.—

10 ‘‘(1) IN GENERAL.—Any offense tried or adju11 dicated in a district court of the United States

12 under this section shall be open to the general pub13 lic, in accordance with rules 10, 26, 31(a), and 53

14 of the Federal Rules of Criminal Procedure, unless

15 good cause is established by the moving party or is

16 otherwise found by the court, for closure.

17 ‘‘(2) STATUS ALONE INSUFFICIENT.—The sta18 tus of the defendant as a juvenile, absent other fac19 tors, shall not constitute good cause for purposes of

20 this subsection.

21 ‘‘(h) AVAILABILITY OF RECORDS.—

22 ‘‘(1) IN GENERAL.—In making a determination

23 concerning the arrest or prosecution of a juvenile in

24 a district court of the United States under this sec25 tion, the United States Attorney of the appropriate
296

•S 899 IS

1 jurisdiction, or, as appropriate, the Attorney Gen2 eral, shall have complete access to the prior Federal

3 juvenile records of the subject juvenile and, to the

4 extent permitted by State law, the prior State juve5 nile records of the subject juvenile.

6 ‘‘(2) CONSIDERATION OF ENTIRE RECORD.—In

7 any case in which a juvenile is found guilty or adju8 dicated delinquent in an action under this section,

9 the district court responsible for imposing sentence

10 shall have complete access to the prior Federal juve11 nile records of the subject juvenile and, to the extent

12 permitted under State law, the prior State juvenile

13 records of the subject juvenile. At sentencing, the

14 district court shall consider the entire available prior

15 juvenile record of the subject juvenile.

16 ‘‘(i) APPLICATION TO INDIAN COUNTRY.—Notwith17 standing sections 1152 and 1153, certification under sub18 paragraph (A) or (B) of subsection (a)(1) shall not be

19 made nor granted with respect to a juvenile who is subject

20 to the criminal jurisdiction of an Indian tribal government

21 if the juvenile is less than 15 years of age at the time

22 of offense and is alleged to have committed an offense for

23 which there would be Federal jurisdiction based solely on

24 commission of the offense in Indian country (as defined

25 in section 1151), unless the governing body of the tribe
297

•S 899 IS

1 having jurisdiction over the place where the alleged offense

2 was committed has, before the occurrence of the alleged

3 offense, notified the Attorney General in writing of its

4 election that prosecution as an adult may take place under

5 this section.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

7 (1) CHAPTER ANALYSIS.—The analysis for

8 chapter 403 of title 18, United States Code, is

9 amended by striking the item relating to section

10 5032 and inserting the following:

‘‘5032. Delinquency proceedings in district courts; juveniles tried as adults;

transfer for other criminal prosecution.’’.

11 (2) ADULT SENTENCING.—Section 3553 of title

12 18, United States Code, is amended by adding at

13 the end the following:

14 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

15 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

16 YOUNGER THAN 16.—Notwithstanding any other provi17 sion of law, in the case of a defendant convicted for con18 duct that occurred before the juvenile attained the age of

19 16 years, the court shall impose a sentence without regard

20 to any statutory minimum sentence, if the court finds at

21 sentencing, after affording the Government an opportunity

22 to make a recommendation, that the juvenile has not been

23 previously adjudicated delinquent for, or convicted of, a
298

•S 899 IS

1 serious violent felony or a serious drug offense (as those

2 terms are defined in section 3559(c)).

3 ‘‘(h) TREATMENT OF JUVENILE CRIMINAL HISTORY

4 IN FEDERAL SENTENCING.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) SENTENCING GUIDELINES.—Pursu7 ant to its authority under section 994 of title

8 28, the United States Sentencing Commission

9 (referred to in this subsection as the ‘Commis10 sion’) shall amend the Federal sentencing

11 guidelines to provide that, in determining the

12 criminal history score under the Federal sen13 tencing guidelines for any adult offender or any

14 juvenile offender being sentenced as an adult,

15 prior juvenile convictions and adjudications for

16 offenses described in paragraph (2) shall receive

17 a score similar to that which the defendant

18 would have received if those offenses had been

19 committed by the defendant as an adult, if any

20 portion of the sentence for the offense was im21 posed or served within 15 years after the com22 mencement of the instant offense.

23 ‘‘(B) REVIEWS.—The Commission shall re24 view the criminal history treatment of juvenile

25 adjudications or convictions for offenses other
299

•S 899 IS

1 than those described in paragraph (2) to deter2 mine whether the treatment should be adjusted

3 as described in subparagraph (A), and make

4 any amendments to the Federal sentencing

5 guidelines as necessary to make whatever ad6 justments the Commission concludes are nec7 essary to implement the results of the review.

8 ‘‘(2) OFFENSES DESCRIBED.—The offenses de9 scribed in this paragraph include any—

10 ‘‘(A) crime of violence;

11 ‘‘(B) controlled substance offense;

12 ‘‘(C) other offense for which the defendant

13 received a sentence or disposition of imprison14 ment of 1 year or more; and

15 ‘‘(D) other offense punishable by a term of

16 imprisonment of more than 1 year for which

17 the defendant was prosecuted as an adult.

18 ‘‘(3) DEFINITIONS.—The Federal sentencing

19 guidelines described in paragraph (1) shall define

20 the terms ‘crime of violence’ and ‘controlled sub21 stance offense’ in substantially the same manner as

22 those terms are defined in Guideline Section 4B1.2

23 of the November 1, 1995, Guidelines Manual.

24 ‘‘(4) JUVENILE ADJUDICATIONS.—In carrying

25 out this subsection, the Commission—
300

•S 899 IS

1 ‘‘(A) shall assign criminal history points

2 for juvenile adjudications based principally on

3 the nature of the acts committed by the juve4 nile; and

5 ‘‘(B) may provide for some adjustment of

6 the score in light of the length of sentence the

7 juvenile received.

8 ‘‘(5) EMERGENCY AUTHORITY.—The Commis9 sion shall promulgate the Federal sentencing guide10 lines and amendments under this subsection as soon

11 as practicable, and in any event not later than 90

12 days after the date of enactment of the Violent and

13 Repeat Juvenile Offender Accountability and Reha14 bilitation Act of 1999, in accordance with the proce15 dures set forth in section 21(a) of the Sentencing

16 Act of 1987, as though the authority under that au17 thority had not expired, except that the Commission

18 shall submit to Congress the emergency guidelines

19 or amendments promulgated under this section, and

20 shall set an effective date for those guidelines or

21 amendments not earlier than 30 days after their

22 submission to Congress.

23 ‘‘(6) CAREER OFFENDER DETERMINATION.—

24 Pursuant to its authority under section 994 of title

25 28, the Commission shall amend the Federal sen-
301

•S 899 IS

1 tencing guidelines to provide for inclusion, in any de2 termination regarding whether a juvenile or adult

3 defendant is a career offender under section 994(h)

4 of title 28, and any computation of the sentence that

5 any defendant found to be a career offender should

6 receive, of any act for which the defendant was pre7 viously convicted or adjudicated delinquent as a ju8 venile that would be a felony covered by that section

9 if it had been committed by the defendant as an

10 adult.’’.

11 SEC. 4103. DEFINITIONS.

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

13 amended to read as follows:

14 ‘‘§ 5031. Definitions

15 ‘‘In this chapter:

16 ‘‘(1) ADULT INMATE.—The term ‘adult inmate’

17 means an individual who has attained the age of 18

18 years and who is in custody for, awaiting trial on,

19 or convicted of criminal charges or an act of juvenile

20 delinquency committed while a juvenile.

21 ‘‘(2) JUVENILE.—The term ‘juvenile’ means—

22 ‘‘(A) a person who has not attained the

23 age of 18 years; or

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

25 disposition under this chapter for an alleged act
302

•S 899 IS

1 of juvenile delinquency, a person who has not

2 attained the age of 21 years.

3 ‘‘(3) JUVENILE DELINQUENCY.—The term ‘ju4 venile delinquency’ means the violation of a law of

5 the United States committed by a person before the

6 eighteenth birthday of that person, if the violation—

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

8 by an adult; or

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

10 ‘‘(4) PROHIBITED PHYSICAL CONTACT.—

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

12 physical contact’ means—

13 ‘‘(i) any physical contact between a

14 juvenile and an adult inmate; and

15 ‘‘(ii) proximity that provides an op16 portunity for physical contact between a

17 juvenile and an adult inmate.

18 ‘‘(B) EXCLUSION.—The term does not in19 clude supervised proximity between a juvenile

20 and an adult inmate that is brief and incidental

21 or accidental.

22 ‘‘(5) SUSTAINED ORAL COMMUNICATION.—

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

24 oral communication’ means the imparting or
303

•S 899 IS

1 interchange of speech by or between a juvenile

2 and an adult inmate.

3 ‘‘(B) EXCEPTION.—The term does not

4 include—

5 ‘‘(i) communication that is accidental

6 or incidental; or

7 ‘‘(ii) sounds or noises that cannot rea8 sonably be considered to be speech.

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

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

11 commonwealth, territory, or possession of the United

12 States and, with regard to an act of juvenile delin13 quency that would have been a misdemeanor if com14 mitted by an adult, an Indian tribe (as defined in

15 section 4(e) of the Indian Self-Determination and

16 Education Assistance Act (25 U.S.C. 4506(e))).

17 ‘‘(7) VIOLENT JUVENILE.—The term ‘violent

18 juvenile’ means any juvenile who is alleged to have

19 committed, has been adjudicated delinquent for, or

20 has been convicted of an offense that, if committed

21 by an adult, would be a crime of violence (as defined

22 in section 16).’’.

23 SEC. 4104. NOTIFICATION AFTER ARREST.

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

25 amended—
304

•S 899 IS

1 (1) in the first sentence, by striking ‘‘imme2 diately notify the Attorney General and’’ and insert3 ing the following: ‘‘immediately, or as soon as prac4 ticable thereafter, notify the United States Attorney

5 of the appropriate jurisdiction and shall promptly

6 take reasonable steps to notify’’; and

7 (2) in the second sentence of the second undes8 ignated paragraph, by inserting before the period at

9 the end the following: ‘‘, and the juvenile shall not

10 be subject to detention under conditions that permit

11 prohibited physical contact with adult inmates or in

12 which the juvenile and an adult inmate can engage

13 in sustained oral communication’’.

14 SEC. 4105. RELEASE AND DETENTION PRIOR TO DISPOSI15 TION.

16 (a) DUTIES OF MAGISTRATE.—Section 5034 of title

17 18, United States Code, is amended—

18 (1) by striking ‘‘The magistrate shall insure’’

19 and inserting the following:

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) REPRESENTATION BY COUNSEL.—The

22 magistrate shall ensure’’;

23 (2) by striking ‘‘The magistrate may appoint’’

24 and inserting the following:
305

•S 899 IS

1 ‘‘(2) GUARDIAN AD LITEM.—The magistrate

2 may appoint’’;

3 (3) by striking ‘‘If the juvenile’’ and inserting

4 the following:

5 ‘‘(b) RELEASE PRIOR TO DISPOSITION.—Except as

6 provided in subsection (c), if the juvenile’’; and

7 (4) by adding at the end the following:

8 ‘‘(c) RELEASE OF CERTAIN JUVENILES.—A juvenile

9 who is to be tried as an adult pursuant to section 5032

10 shall be released pending trial only in accordance with the

11 applicable provisions of chapter 207. The release shall be

12 conducted in the same manner and shall be subject to the

13 same terms, conditions, and sanctions for violation of a

14 release condition as provided for an adult under chapter

15 207.

16 ‘‘(d) PENALTY FOR AN OFFENSE COMMITTED WHILE

17 ON RELEASE.—

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

19 committed, while on release under this section, an

20 offense that, if committed by an adult, would be a

21 Federal criminal offense, shall be subject to prosecu22 tion under section 5032.

23 ‘‘(2) APPLICABILITY OF CERTAIN PENALTIES.—

24 Section 3147 shall apply to a juvenile who is to be

25 tried as an adult pursuant to section 5032 for an of-
306

•S 899 IS

1 fense committed while on release under this sec2 tion.’’.

3 (b) DETENTION PRIOR TO DISPOSITION.—Section

4 5035 of title 18, United States Code, is amended—

5 (1) by striking ‘‘A juvenile’’ and inserting the

6 following:

7 ‘‘(a) IN GENERAL.—Except as provided in subsection

8 (b), a juvenile’’;

9 (2) in subsection (a), as redesignated—

10 (A) in the third sentence, by striking ‘‘reg11 ular contact’’ and inserting ‘‘prohibited physical

12 contact or sustained oral communication’’; and

13 (B) after the fourth sentence, by inserting

14 the following: ‘‘To the extent practicable, vio15 lent juveniles shall be kept separate from non16 violent juveniles.’’; and

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

18 ‘‘(b) DETENTION OF CERTAIN JUVENILES.—

19 ‘‘(1) IN GENERAL.—A juvenile who is to be

20 tried as an adult pursuant to section 5032 shall be

21 subject to detention in accordance with chapter 207

22 in the same manner, to the same extent, and subject

23 to the same terms and conditions as an adult would

24 be subject to under that chapter.
307

•S 899 IS

1 ‘‘(2) EXCEPTION.—A juvenile shall not be de2 tained or confined in any institution in which the ju3 venile has prohibited physical contact or sustained

4 oral communication with adult inmates. To the ex5 tent practicable, violent juveniles shall be kept sepa6 rate from nonviolent juveniles.’’.

7 SEC. 4106. SPEEDY TRIAL.

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

9 amended—

10 (1) by inserting ‘‘who is to be proceeded against

11 as a juvenile pursuant to section 5032 and’’ after

12 ‘‘If an alleged delinquent’’;

13 (2) by striking ‘‘thirty’’ and inserting ‘‘70’’; and

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

15 through the end of the section and inserting the fol16 lowing: ‘‘the court. The periods of exclusion under

17 section 3161(h) shall apply to this section. In deter18 mining whether an information should be dismissed

19 with or without prejudice, the court shall consider

20 the seriousness of the alleged act of juvenile delin21 quency, the facts and circumstances of the case that

22 led to the dismissal, and the impact of a reprosecu23 tion on the administration of justice.’’.
308

•S 899 IS

1 SEC. 4107. DISPOSITIONAL HEARINGS.

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

3 amended—

4 (1) by striking subsection (a) and inserting the

5 following:

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) DISPOSITIONAL HEARING.—

8 ‘‘(A) IN GENERAL.—In a proceeding under

9 section 5032(a)(1)(D), if the court finds a juve10 nile to be a juvenile delinquent, the court shall

11 hold a hearing concerning the appropriate dis12 position of the juvenile not later than 40 court

13 days after the finding of juvenile delinquency,

14 unless the court has ordered further study pur15 suant to subsection (e).

16 ‘‘(B) PREDISPOSITION REPORT.—A pre17 disposition report shall be prepared by the pro18 bation officer, who shall promptly provide a

19 copy to the juvenile, the juvenile’s counsel, and

20 the attorney for the Government. Victim impact

21 information shall be included in the predisposi22 tion report, and victims or, in appropriate

23 cases, their official representatives, shall be pro24 vided the opportunity to make a statement to

25 the court in person or to present any informa26 tion in relation to the disposition.
309

•S 899 IS

1 ‘‘(2) ACTIONS OF COURT AFTER HEARING.—

2 After a dispositional hearing under paragraph (1),

3 after considering any pertinent policy statements

4 promulgated by the United States Sentencing Com5 mission pursuant to section 994 of title 28, and in

6 conformance with the guidelines promulgated by the

7 United States Sentencing Commission pursuant to

8 section 994(z)(1)(B) of title 28, the court shall—

9 ‘‘(A) place the juvenile on probation or

10 commit the juvenile to official detention (includ11 ing the possibility of a term of supervised re12 lease), and impose any fine that would be au13 thorized if the juvenile had been tried and con14 victed as an adult; and

15 ‘‘(B) enter an order of restitution pursuant

16 to section 3663.’’;

17 (2) in subsection (b)—

18 (A) in the matter preceding paragraph (1),

19 by inserting ‘‘or supervised release’’ after ‘‘pro20 bation’’;

21 (B) by striking ‘‘extend—’’ and all that

22 follows through ‘‘The provisions’’ and inserting

23 the following: ‘‘extend, in the case of a juvenile,

24 beyond the maximum term of probation that

25 would be authorized by section 3561, or beyond
310

•S 899 IS

1 the maximum term of supervised release au2 thorized by section 3583, if the juvenile had

3 been tried and convicted as an adult. The provi4 sions dealing with supervised release set forth

5 in section 3583 and the provisions’’; and

6 (C) in the last sentence, by inserting ‘‘or

7 supervised release’’ after ‘‘on probation’’; and

8 (3) in subsection (c), by striking ‘‘may not ex9 tend—’’ and all that follows through ‘‘Section 3624’’

10 and inserting the following: ‘‘may not extend beyond

11 the earlier of the 26th birthday of the juvenile or the

12 termination date of the maximum term of imprison13 ment, exclusive of any term of supervised release,

14 that would be authorized if the juvenile had been

15 tried and convicted as an adult. No juvenile sen16 tenced to a term of imprisonment shall be released

17 from custody simply because the juvenile attains the

18 age of 18 years. Section 3624’’.

19 SEC. 4108. USE OF JUVENILE RECORDS.

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

21 amended to read as follows:

22 ‘‘§ 5038. Use of juvenile records

23 ‘‘(a) IN GENERAL.—Throughout a juvenile delin24 quency proceeding under section 5032 or 5037, the

25 records of such proceeding shall be safeguarded from dis-
311

•S 899 IS

1 closure to unauthorized persons, and shall only be released

2 to the extent necessary for purposes of—

3 ‘‘(1) compliance with section 5032(h);

4 ‘‘(2) docketing and processing by the court;

5 ‘‘(3) responding to an inquiry received from an6 other court of law;

7 ‘‘(4) responding to an inquiry from an agency

8 preparing a presentence report for another court;

9 ‘‘(5) responding to an inquiry from a law en10 forcement agency, if the request for information is

11 related to the investigation of a crime or a position

12 within that agency or analysis requested by the At13 torney General;

14 ‘‘(6) responding to a written inquiry from the

15 director of a treatment agency or the director of a

16 facility to which the juvenile has been committed by

17 the court;

18 ‘‘(7) responding to an inquiry from an agency

19 considering the person for a position immediately

20 and directly affecting national security;

21 ‘‘(8) responding to an inquiry from any victim

22 of such juvenile delinquency or, if the victim is de23 ceased, from a member of the immediate family of

24 the victim, related to the final disposition of such ju-
312

•S 899 IS

1 venile by the court in accordance with section 5032

2 or 5037, as applicable; and

3 ‘‘(9) communicating with a victim of such juve4 nile delinquency or, in appropriate cases, with the

5 official representative of a victim, in order to—

6 ‘‘(A) apprise the victim or representative of

7 the status or disposition of the proceeding;

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

9 or

10 ‘‘(C) assist in the allocution at disposition

11 of the victim or the representative of the victim.

12 ‘‘(b) RECORDS OF ADJUDICATION.—

13 ‘‘(1) TRANSMISSION TO FBI.—Upon an adju14 dication of delinquency under section 5032 or 5037,

15 the court shall transmit to the Director of the Fed16 eral Bureau of Investigation a record of such adju17 dication.

18 ‘‘(2) MAINTAINING RECORDS.—The Director of

19 the Federal Bureau of Investigation shall maintain,

20 in the central repository of the Federal Bureau of

21 Investigation, in accordance with the established

22 practices and policies relating to adult criminal his23 tory records of the Federal Bureau of

24 Investigation—
313

•S 899 IS

1 ‘‘(A) a fingerprint supported record of the

2 Federal adjudication of delinquency of any juve3 nile who commits an act that, if committed by

4 an adult, would constitute the offense of mur5 der, armed robbery, rape (except statutory

6 rape), or a felony offense involving sexual mo7 lestation of a child, or a conspiracy or attempt

8 to commit any such offense, that is equivalent

9 to, and maintained and disseminated in the

10 same manner and for the same purposes, as are

11 adult criminal history records for the same of12 fenses; and

13 ‘‘(B) a fingerprint supported record of the

14 Federal adjudication of delinquency of any juve15 nile who commits an act that, if committed by

16 an adult, would be any offense (other than an

17 offense described in subparagraph (A)) that is

18 equivalent to, and maintained and disseminated

19 in the same manner, as are adult criminal his20 tory records for the same offenses—

21 ‘‘(i) for use by and within the criminal

22 justice system for the detection, apprehen23 sion, detention, pretrial release, post-trial

24 release, prosecution, adjudication, sen25 tencing, disposition, correctional super-
314

•S 899 IS

1 vision, or rehabilitation of an accused per2 son, criminal offender, or juvenile delin3 quent; and

4 ‘‘(ii) for purposes of responding to an

5 inquiry from an agency considering the

6 subject of the record for a position or

7 clearance immediately and directly affect8 ing national security.

9 ‘‘(3) AVAILABILITY OF RECORDS TO SCHOOLS

10 IN CERTAIN CIRCUMSTANCES.—Notwithstanding

11 paragraph (2), the Director of the Federal Bureau

12 of Investigation shall make an adjudication record of

13 a juvenile maintained pursuant to subparagraph (A)

14 or (B) of that paragraph, or conviction record de15 scribed in subsection (d), available to an official of

16 an elementary, secondary, or post-secondary school,

17 in appropriate circumstances (as defined by and

18 under rules issued by the Attorney General), if—

19 ‘‘(A) the subject of the record is a student

20 enrolled at the school, or a juvenile who seeks,

21 intends, or is instructed to enroll at that school;

22 ‘‘(B) the school official is subject to the

23 same standards and penalties under applicable

24 Federal and State law relating to the handling

25 and disclosure of information contained in juve-
315

•S 899 IS

1 nile adjudication records as are employees of

2 law enforcement and juvenile justice agencies in

3 the State; and

4 ‘‘(C) information contained in the record is

5 not used for the purpose of making an admis6 sion determination.

7 ‘‘(c) NOTIFICATION OF RIGHTS.—A district court of

8 the United States that exercises jurisdiction over a juve9 nile shall notify the juvenile, and a parent or guardian

10 of the juvenile, in writing, and in clear and nontechnical

11 language, of the rights of the juvenile relating to the adju12 dication record of the juvenile.

13 ‘‘(d) RECORDS OF JUVENILES TRIED AS ADULTS.—

14 In any case in which a juvenile is tried as an adult in

15 Federal court, the Federal criminal record of the juvenile

16 shall be made available in the same manner as is applica17 ble to the records of adult defendants.’’.

18 SEC. 4109. IMPLEMENTATION OF A SENTENCE FOR JUVE19 NILE OFFENDERS.

20 (a) IN GENERAL.—Section 5039 of title 18, United

21 States Code, is amended to read as follows:

22 ‘‘§ 5039. Implementation of a sentence

23 ‘‘(a) IN GENERAL.—Except as otherwise provided in

24 this chapter, the sentence for a juvenile who is adjudicated

25 delinquent or found guilty of an offense under any pro-
316

•S 899 IS

1 ceeding in a district court of the United States under sec2 tion 5032 shall be carried out in the same manner as for

3 an adult defendant.

4 ‘‘(b) SENTENCES OF IMPRISONMENT, PROBATION,

5 AND SUPERVISED RELEASE.—Subject to subsection (d),

6 the implementation of a sentence of imprisonment is gov7 erned by subchapter C of chapter 229 and, if the sentence

8 includes a term of probation or supervised release, by sub9 chapter A of chapter 229.

10 ‘‘(c) SENTENCES OF FINES AND ORDERS OF RES11 TITUTION; SPECIAL ASSESSMENTS.—

12 ‘‘(1) IN GENERAL.—A sentence of a fine, an

13 order of restitution, or a special assessment under

14 section 3013 shall be implemented and collected in

15 the same manner as for an adult defendant.

16 ‘‘(2) PROHIBITION.—The parent, guardian, or

17 custodian of a juvenile sentenced to pay a fine or or18 dered to pay restitution or a special assessment

19 under section 3013 may not be made liable for such

20 payment by any court.

21 ‘‘(d) SEGREGATION OF JUVENILES; CONDITIONS OF

22 CONFINEMENT.—

23 ‘‘(1) IN GENERAL.—No juvenile committed for

24 incarceration, whether pursuant to an adjudication

25 of delinquency or conviction for an offense, to the
317

•S 899 IS

1 custody of the Attorney General may, before the ju2 venile attains the age of 18 years, be placed or re3 tained in any jail or correctional institution in which

4 the juvenile has prohibited physical contact with

5 adult inmate or can engage in sustained oral com6 munication with adult inmates. To the extent prac7 ticable, violent juveniles shall be kept separate from

8 nonviolent juveniles.

9 ‘‘(2) REQUIREMENTS.—Each juvenile who is

10 committed for incarceration shall be provided with—

11 ‘‘(A) adequate food, heat, light, sanitary

12 facilities, bedding, clothing, and recreation; and

13 ‘‘(B) as appropriate, counseling, education,

14 training, and medical care (including necessary

15 psychiatric, psychological, or other care or

16 treatment).

17 ‘‘(3) COMMITMENT TO FOSTER HOME OR COM18 MUNITY-BASED FACILITY.—Except in the case of a

19 juvenile who is found guilty of a violent felony or

20 who is adjudicated delinquent for an offense that

21 would be a violent felony if the juvenile had been

22 prosecuted as an adult, the Attorney General shall

23 commit a juvenile to a foster home or community24 based facility located in or near his home community

25 if that commitment is—
318

•S 899 IS

1 ‘‘(A) practicable;

2 ‘‘(B) in the best interest of the juvenile;

3 and

4 ‘‘(C) consistent with the safety of the com5 munity.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—

7 The analysis for chapter 403 of title 18, United States

8 Code, is amended by striking the item relating to section

9 5039 and inserting the following:

‘‘5039. Implementation of a sentence.’’.

10 SEC. 4110. MAGISTRATE JUDGE AUTHORITY REGARDING

11 JUVENILE DEFENDANTS.

12 Section 3401(g) of title 18, United States Code, is

13 amended—

14 (1) in the second sentence, by inserting after

15 ‘‘magistrate judge may, in any’’ the following: ‘‘class

16 A misdemeanor or any’’; and

17 (2) in the third sentence, by striking ‘‘, except

18 that no’’ and all that follows before the period at the

19 end of the subsection.

20 SEC. 4111. FEDERAL SENTENCING GUIDELINES.

21 (a) APPLICATION OF GUIDELINES TO CERTAIN JU22 VENILE DEFENDANTS.—Section 994(h) of title 28, United

23 States Code, is amended by inserting ‘‘, or in which the

24 defendant is a juvenile who is tried as an adult,’’ after

25 ‘‘old or older’’.
319

•S 899 IS

1 (b) GUIDELINES FOR JUVENILE CASES.—

2 (1) IN GENERAL.—Section 994 of title 28,

3 United States Code, is amended by adding at the

4 end the following:

5 ‘‘(z) GUIDELINES FOR JUVENILE CASES.—

6 ‘‘(1) IN GENERAL.—Not later than 1 year after

7 the date of enactment of the Violent and Repeat Ju8 venile Offender Accountability and Rehabilitation

9 Act of 1999, the Commission, by affirmative vote of

10 not less than 4 members of the Commission, and

11 pursuant to its rules and regulations and consistent

12 with all pertinent provisions of any Federal statute,

13 shall promulgate and distribute to all courts of the

14 United States and to the United States Probation

15 System—

16 ‘‘(A) guidelines, as described in this sec17 tion, for use by a sentencing court in deter18 mining the sentence to be imposed in a criminal

19 case if the defendant committed the offense as

20 a juvenile, and is tried as an adult pursuant to

21 section 5032 of title 18, United States Code;

22 and

23 ‘‘(B) guidelines, as described in this sec24 tion, for use by a court in determining the sen25 tence to be imposed on a juvenile adjudicated
320

•S 899 IS

1 delinquent pursuant to section 5032 of title 18,

2 United States Code, and sentenced pursuant to

3 a dispositional hearing under section 5037 of

4 title 18, United States Code.

5 ‘‘(2) DETERMINATIONS.—In carrying out this

6 subsection, the Commission shall make the deter7 minations required by subsection (a)(1) and promul8 gate the policy statements and guidelines required

9 by paragraphs (2) and (3) of subsection (a).

10 ‘‘(3) CONSIDERATIONS.—In addition to any

11 other considerations required by this section, the

12 Commission, in promulgating guidelines—

13 ‘‘(A) pursuant to paragraph (1)(A), shall

14 presume the appropriateness of adult sen15 tencing provisions, but may make such adjust16 ments to sentence lengths and to provisions

17 governing downward departures from the guide18 lines as reflect the specific interests and cir19 cumstances of juvenile defendants; and

20 ‘‘(B) pursuant to paragraph (1)(B), shall

21 ensure that the guidelines—

22 ‘‘(i) reflect the broad range of sen23 tencing options available to the court

24 under section 5037 of title 18, United

25 States Code; and
321

•S 899 IS

1 ‘‘(ii) effectuate a policy of an account2 ability-based juvenile justice system that

3 provides substantial and appropriate sanc4 tions, that are graduated to reflect the se5 verity or repeated nature of violations, for

6 each delinquent act, and reflect the specific

7 interests and circumstances of juvenile de8 fendants.

9 ‘‘(4) REVIEW PERIOD.—The review period spec10 ified by subsection (p) applies to guidelines promul11 gated pursuant to this subsection and any amend12 ments to those guidelines.’’.

13 (2) TECHNICAL CORRECTION TO ASSURE COM14 PLIANCE OF SENTENCING GUIDELINES WITH PROVI15 SIONS OF ALL FEDERAL STATUTES.—Section 994(a)

16 of title 28, United States Code, is amended by strik17 ing ‘‘consistent with all pertinent provisions of this

18 title and title 18, United States Code,’’ and inserting

19 ‘‘consistent with all pertinent provisions of any Fed20 eral statute’’.

21 SEC. 4112. STUDY AND REPORT ON INDIAN TRIBAL JURIS22 DICTION.

23 Not later than 18 months after the date of enactment

24 of this Act, the Attorney General shall conduct a study

25 of the juvenile justice systems of Indian tribes (as defined
322

•S 899 IS

1 in section 4(e) of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 450b(e))) and shall re3 port to the Chairman and Ranking Member of the Com4 mittee on the Judiciary and the Committee on Indian Af5 fairs of the Senate and the Chairman and Ranking Mem6 ber of the Committee on the Judiciary of the House of

7 Representatives on—

8 (1) the extent to which tribal governments are

9 equipped to adjudicate felonies, misdemeanors, and

10 acts of delinquency committed by juveniles subject to

11 tribal jurisdiction; and

12 (2) the need for and benefits from expanding

13 the jurisdiction of tribal courts and the authority to

14 impose the same sentences that can be imposed by

15 Federal or State courts on such juveniles.
323

•S 899 IS

1 Subtitle B—Juvenile Crime Con2 trol, Accountability, and Delin3 quency Prevention

4 CHAPTER 1—REFORM OF THE JUVENILE

5 JUSTICE AND DELINQUENCY PREVEN6 TION ACT OF 1974

7 SEC. 4201. FINDINGS; DECLARATION OF PURPOSE; DEFINI8 TIONS.

9 Title I of the Juvenile Justice and Delinquency Pre10 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

11 to read as follows:

12 ‘‘TITLE I—FINDINGS AND

13 DECLARATION OF PURPOSE

14 ‘‘SEC. 101. FINDINGS.

15 ‘‘Congress makes the following findings:

16 ‘‘(1) During the past decade, the United States

17 has experienced an alarming increase in arrests of

18 adolescents for murder, assault, and weapons of19 fenses.

20 ‘‘(2) In 1994, juveniles accounted for 1 in 5 ar21 rests for violent crimes, including murder, robbery,

22 aggravated assault, and rape, including 514 such ar23 rests per 100,000 juveniles 10 through 17 years of

24 age.
324

•S 899 IS

1 ‘‘(3) Understaffed and overcrowded juvenile

2 courts, prosecutorial and public defender offices,

3 probation services, and correctional facilities no

4 longer adequately address the changing nature of ju5 venile crime, protect the public, or correct youth of6 fenders.

7 ‘‘(4) The juvenile justice system has proven in8 adequate to meet the needs of society and the needs

9 of children who may be at risk of becoming

10 delinquents are not being met.

11 ‘‘(5) Existing programs and policies have not

12 adequately responded to the particular threats that

13 drugs, alcohol abuse, violence, and gangs pose to the

14 youth of the Nation.

15 ‘‘(6) Projected demographic increases in the

16 number of youth offenders require reexamination of

17 current prosecution and incarceration policies for se18 rious violent youth offenders and crime prevention

19 policies.

20 ‘‘(7) State and local communities require assist21 ance to deal comprehensively with the problems of

22 juvenile delinquency.

23 ‘‘(8) Existing Federal programs have not pro24 vided the States with necessary flexibility, nor have

25 these programs provided the coordination, resources,
325

•S 899 IS

1 and leadership required to meet the crisis of youth

2 violence.

3 ‘‘(9) Overlapping and uncoordinated Federal

4 programs have created a multitude of Federal fund5 ing streams to States and units of local government,

6 that have become a barrier to effective program co7 ordination, responsive public safety initiatives, and

8 the provision of comprehensive services for children

9 and youth.

10 ‘‘(10) Violent crime by juveniles constitutes a

11 growing threat to the national welfare that requires

12 an immediate and comprehensive governmental re13 sponse, combining flexibility and coordinated evalua14 tion.

15 ‘‘(11) The role of the Federal Government

16 should be to encourage and empower communities to

17 develop and implement policies to protect adequately

18 the public from serious juvenile crime as well as im19 plement quality prevention programs that work with

20 at-risk juveniles, their families, local public agencies,

21 and community-based organizations.

22 ‘‘(12) A strong partnership among law enforce23 ment, local government, juvenile and family courts,

24 schools, businesses, philanthropic organizations,

25 families, and the religious community, can create a
326

•S 899 IS

1 community environment that supports the youth of

2 the Nation in reaching their highest potential and

3 reduces the destructive trend of juvenile crime.

4 ‘‘SEC. 102. PURPOSE AND STATEMENT OF POLICY.

5 ‘‘(a) IN GENERAL.—The purposes of this Act are

6 to—

7 ‘‘(1) empower States and communities to de8 velop and implement comprehensive programs that

9 support families, reduce risk factors, and prevent se10 rious youth crime and juvenile delinquency;

11 ‘‘(2) protect the public and to hold juveniles ac12 countable for their acts;

13 ‘‘(3) encourage and promote, consistent with

14 the ideals of federalism, the adoption by the States

15 of policies recognizing the rights of victims in the ju16 venile justice system, and ensuring that the victims

17 of violent crimes committed by juveniles receive the

18 same level of justice as do the victims of violent

19 crimes committed by adults;

20 ‘‘(4) provide for the thorough and ongoing eval21 uation of all federally funded programs addressing

22 juvenile crime and delinquency;

23 ‘‘(5) provide technical assistance to public and

24 private nonprofit entities that protect public safety,

25 administer justice and corrections to delinquent
327

•S 899 IS

1 youth, or provide services to youth at risk of delin2 quency, and their families;

3 ‘‘(6) establish a centralized research effort on

4 the problems of youth crime and juvenile delin5 quency, including the dissemination of the findings

6 of such research and all related data;

7 ‘‘(7) establish a Federal assistance program to

8 deal with the problems of runaway and homeless

9 youth;

10 ‘‘(8) assist States and units of local government

11 in improving the administration of justice for juve12 niles;

13 ‘‘(9) assist the States and units of local govern14 ment in reducing the level of youth violence and ju15 venile delinquency;

16 ‘‘(10) assist States and units of local govern17 ment in promoting public safety by supporting juve18 nile delinquency prevention and control activities;

19 ‘‘(11) encourage and promote programs de20 signed to keep in school juvenile delinquents expelled

21 or suspended for disciplinary reasons;

22 ‘‘(12) assist States and units of local govern23 ment in promoting public safety by encouraging ac24 countability for acts of juvenile delinquency;
328

•S 899 IS

1 ‘‘(13) assist States and units of local govern2 ment in promoting public safety by improving the

3 extent, accuracy, availability and usefulness of juve4 nile court and law enforcement records and the

5 openness of the juvenile justice system;

6 ‘‘(14) assist States and units of local govern7 ment in promoting public safety by encouraging the

8 identification of violent and hardcore juveniles;

9 ‘‘(15) assist States and units of local govern10 ment in promoting public safety by providing re11 sources to States to build or expand juvenile deten12 tion facilities;

13 ‘‘(16) provide for the evaluation of federally as14 sisted juvenile crime control programs, and the

15 training necessary for the establishment and oper16 ation of such programs;

17 ‘‘(17) ensure the dissemination of information

18 regarding juvenile crime control programs by pro19 viding a national clearinghouse; and

20 ‘‘(18) provide technical assistance to public and

21 private nonprofit juvenile justice and delinquency

22 prevention programs.

23 ‘‘(b) STATEMENT OF POLICY.—It is the policy of

24 Congress to provide resources, leadership, and coordina25 tion to—
329

•S 899 IS

1 ‘‘(1) combat youth violence and to prosecute

2 and punish effectively violent juvenile offenders;

3 ‘‘(2) enhance efforts to prevent juvenile crime

4 and delinquency; and

5 ‘‘(3) improve the quality of juvenile justice in

6 the United States.

7 ‘‘SEC. 103. DEFINITIONS.

8 ‘‘In this Act:

9 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis10 trator’ means the Administrator of the Office of Ju11 venile Crime Control and Prevention, appointed in

12 accordance with section 201.

13 ‘‘(2) ADULT INMATE.—The term ‘adult inmate’

14 means an individual who—

15 ‘‘(A) has reached the age of full criminal

16 responsibility under applicable State law; and

17 ‘‘(B) has been arrested and is in custody

18 for, awaiting trial on, or convicted of criminal

19 charges.

20 ‘‘(3) BOOT CAMP.—The term ‘boot camp’

21 means a residential facility (excluding a private resi22 dence) at which there are provided—

23 ‘‘(A) a highly regimented schedule of dis24 cipline, physical training, work, drill, and cere25 mony characteristic of military basic training;
330

•S 899 IS

1 ‘‘(B) regular, remedial, special, and voca2 tional education; and

3 ‘‘(C) counseling and treatment for sub4 stance abuse and other health and mental

5 health problems.

6 ‘‘(4) BUREAU OF JUSTICE ASSISTANCE.—The

7 term ‘Bureau of Justice Assistance’ means the bu8 reau established by section 401 of title I of the Om9 nibus Crime Control and Safe Streets Act of 1968

10 (42 U.S.C. 3741).

11 ‘‘(5) BUREAU OF JUSTICE STATISTICS.—The

12 term ‘Bureau of Justice Statistics’ means the bu13 reau established by section 302(a) of title I of the

14 Omnibus Crime Control and Safe Streets Act of

15 1968 (42 U.S.C. 3732).

16 ‘‘(6) COLLOCATED FACILITIES.—The term ‘col17 located facilities’ means facilities that are located in

18 the same building, or are part of a related complex

19 of buildings located on the same grounds.

20 ‘‘(7) COMBINATION.—The term ‘combination’

21 as applied to States or units of local government

22 means any grouping or joining together of such

23 States or units for the purpose of preparing, devel24 oping, or implementing a juvenile crime control and

25 delinquency prevention plan.
331

•S 899 IS

1 ‘‘(8) COMMUNITY-BASED.—The term ‘commu2 nity-based’ facility, program, or service means a

3 small, open group home or other suitable place lo4 cated near the juvenile’s home or family and pro5 grams of community supervision and service that

6 maintain community and consumer participation in

7 the planning operation, and evaluation of their pro8 grams which may include, medical, educational, vo9 cational, social, and psychological guidance, training,

10 special education, counseling, alcoholism treatment,

11 drug treatment, and other rehabilitative services.

12 ‘‘(9) COMPREHENSIVE AND COORDINATED SYS13 TEM OF SERVICES.—The term ‘comprehensive and

14 coordinated system of services’ means a system

15 that—

16 ‘‘(A) ensures that services and funding for

17 the prevention and treatment of juvenile delin18 quency are consistent with policy goals of pre19 serving families and providing appropriate serv20 ices in the least restrictive environment so as to

21 simultaneously protect juveniles and maintain

22 public safety;

23 ‘‘(B) identifies, and intervenes early for

24 the benefit of, young children who are at risk

25 of developing emotional or behavioral problems
332

•S 899 IS

1 because of physical or mental stress or abuse,

2 and for the benefit of their families;

3 ‘‘(C) increases interagency collaboration

4 and family involvement in the prevention and

5 treatment of juvenile delinquency; and

6 ‘‘(D) encourages private and public part7 nerships in the delivery of services for the pre8 vention and treatment of juvenile delinquency.

9 ‘‘(10) CONSTRUCTION.—The term ‘construc10 tion’ means erection of new buildings or acquisition,

11 expansion, remodeling, and alteration of existing

12 buildings, and initial equipment of any such build13 ings, or any combination of such activities (including

14 architects’ fees but not the cost of acquisition of

15 land for buildings).

16 ‘‘(11) FEDERAL JUVENILE CRIME CONTROL,

17 PREVENTION, AND JUVENILE OFFENDER ACCOUNT18 ABILITY PROGRAM.—The term ‘Federal juvenile

19 crime control, prevention, and juvenile offender ac20 countability program’ means any Federal program a

21 primary objective of which is the prevention of juve22 nile crime or reduction of the incidence of arrest, the

23 commission of criminal acts or acts of delinquency,

24 violence, the use of alcohol or illegal drugs, or the

25 involvement in gangs among juveniles.
333

•S 899 IS

1 ‘‘(12) GENDER-SPECIFIC SERVICES.—The term

2 ‘gender-specific services’ means services designed to

3 address needs unique to the gender of the individual

4 to whom such services are provided.

5 ‘‘(13) GRADUATED SANCTIONS.—The term

6 ‘graduated sanctions’ means an accountability-based

7 juvenile justice system that protects the public, and

8 holds juvenile delinquents accountable for acts of de9 linquency by providing substantial and appropriate

10 sanctions that are graduated in such a manner as to

11 reflect (for each act of delinquency or offense) the

12 severity or repeated nature of that act or offense.

13 ‘‘(14) HOME-BASED ALTERNATIVE SERVICES.—

14 The term ‘home-based alternative services’ means

15 services provided to a juvenile in the home of the ju16 venile as an alternative to incarcerating the juvenile,

17 and includes home detention.

18 ‘‘(15) INDIAN TRIBE.—The term ‘Indian tribe’

19 means any Indian tribe, band, nation, or other orga20 nized group or community, including any Alaska Na21 tive village or regional or village corporation as de22 fined in or established pursuant to the Alaska Na23 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

24 that is recognized as eligible for the special pro-
334

•S 899 IS

1 grams and services provided by the United States to

2 Indians because of their status as Indians.

3 ‘‘(16) JUVENILE.—The term ‘juvenile’ means a

4 person who has not attained the age of 18 years who

5 is subject to delinquency proceedings under applica6 ble State law.

7 ‘‘(17) JUVENILE POPULATION.—The term ‘ju8 venile population’ means the population of a State

9 under 18 years of age.

10 ‘‘(18) JAIL OR LOCKUP FOR ADULTS.—The

11 term ‘jail or lockup for adults’ means a locked facil12 ity that is used by a State, unit of local government,

13 or any law enforcement authority to detain or con14 fine adults—

15 ‘‘(A) pending the filing of a charge of vio16 lating a criminal law;

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

18 or

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

20 ‘‘(19) JUVENILE DELINQUENCY PROGRAM.—

21 The term ‘juvenile delinquency program’ means any

22 program or activity related to juvenile delinquency

23 prevention, control, diversion, treatment, rehabilita24 tion, planning, education, training, and research,

25 including—
335

•S 899 IS

1 ‘‘(A) drug and alcohol abuse programs;

2 ‘‘(B) the improvement of the juvenile jus3 tice system; and

4 ‘‘(C) any program or activity that is de5 signed to reduce known risk factors for juvenile

6 delinquent behavior, by providing activities that

7 build on protective factors for, and develop com8 petencies in, juveniles to prevent and reduce the

9 rate of delinquent juvenile behavior.

10 ‘‘(20) LAW ENFORCEMENT AND CRIMINAL JUS11 TICE.—The term ‘law enforcement and criminal jus12 tice’ means any activity pertaining to crime preven13 tion, control, or reduction or the enforcement of the

14 criminal law, including, but not limited to police ef15 forts to prevent, control, or reduce crime or to ap16 prehend criminals, activities of courts having crimi17 nal jurisdiction and related agencies (including pros18 ecutorial and defender services), activities of correc19 tions, probation, or parole authorities, and programs

20 relating to the prevention, control, or reduction of

21 juvenile delinquency or narcotic addiction.

22 ‘‘(21) NATIONAL INSTITUTE OF JUSTICE.—The

23 term ‘National Institute of Justice’ means the insti24 tute established by section 202(a) of title I of the
336

•S 899 IS

1 Omnibus Crime Control and Safe Streets Act of

2 1968 (42 U.S.C. 3721).

3 ‘‘(22) NONPROFIT ORGANIZATION.—The term

4 ‘nonprofit organization’ means an organization de5 scribed in section 501(c)(3) of the Internal Revenue

6 Code of 1986 that is exempt from taxation under

7 section 501(a) of the Internal Revenue Code of

8 1986.

9 ‘‘(23) OFFICE.—The term ‘Office’ means the

10 Office of Juvenile Crime Control and Prevention es11 tablished under section 201.

12 ‘‘(24) OFFICE OF JUSTICE PROGRAMS.—The

13 term ‘Office of Justice Programs’ means the office

14 established by section 101 of title I of the Omnibus

15 Crime Control and Safe Streets Act of 1968 (42

16 U.S.C. 3711).

17 ‘‘(25) OUTCOME OBJECTIVE.—The term ‘out18 come objective’ means an objective that relates to

19 the impact of a program or initiative, that measures

20 the reduction of high risk behaviors, such as inci21 dence of arrest, the commission of criminal acts or

22 acts of delinquency, failure in school, violence, the

23 use of alcohol or illegal drugs, involvement of youth

24 gangs, and teenage pregnancy, among youth in the

25 community.
337

•S 899 IS

1 ‘‘(26) PROCESS OBJECTIVE.—The term ‘process

2 objective’ means an objective that relates to the

3 manner in which a program or initiative is carried

4 out, including—

5 ‘‘(A) an objective relating to the degree to

6 which the program or initiative is reaching the

7 target population; and

8 ‘‘(B) an objective relating to the degree to

9 which the program or initiative addresses

10 known risk factors for youth problem behaviors

11 and incorporates activities that inhibit the be12 haviors and that build on protective factors for

13 youth.

14 ‘‘(27) PROHIBITED PHYSICAL CONTACT.—

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

16 physical contact’ means—

17 ‘‘(i) any physical contact between a

18 juvenile and an adult inmate; and

19 ‘‘(ii) proximity that provides an op20 portunity for physical contact between a

21 juvenile and an adult inmate.

22 ‘‘(B) EXCLUSION.—The term does not in23 clude supervised proximity between a juvenile

24 and an adult inmate that is brief and incidental

25 or accidental.
338

•S 899 IS

1 ‘‘(28) RELATED COMPLEX OF BUILDINGS.—The

2 term ‘related complex of buildings’ means 2 or more

3 buildings that share—

4 ‘‘(A) physical features, such as walls and

5 fences, or services beyond mechanical services

6 (heating, air conditioning, water and sewer); or

7 ‘‘(B) the specialized services that are al8 lowable under section 31.303(e)(3)(i)(C)(3) of

9 title 28, Code of Federal Regulations, as in ef10 fect on December 10, 1996.

11 ‘‘(29) SECURE CORRECTIONAL FACILITY.—The

12 term ‘secure correctional facility’ means any public

13 or private residential facility that—

14 ‘‘(A) includes construction fixtures de15 signed to physically restrict the movements and

16 activities of juveniles or other individuals held

17 in lawful custody in such facility; and

18 ‘‘(B) is used for the placement, after adju19 dication and disposition, of any juvenile who

20 has been adjudicated as having committed an

21 offense or any other individual convicted of a

22 criminal offense.

23 ‘‘(30) SECURE DETENTION FACILITY.—The

24 term ‘secure detention facility’ means any public or

25 private residential facility that—
339

•S 899 IS

1 ‘‘(A) includes construction fixtures de2 signed to physically restrict the movements and

3 activities of juveniles or other individuals held

4 in lawful custody in such facility; and

5 ‘‘(B) is used for the temporary placement

6 of any juvenile who is accused of having com7 mitted an offense or of any other individual ac8 cused of having committed a criminal offense.

9 ‘‘(31) SERIOUS CRIME.—The term ‘serious

10 crime’ means criminal homicide, forcible rape or

11 other sex offenses punishable as a felony, mayhem,

12 kidnapping, aggravated assault, drug trafficking,

13 robbery, larceny or theft punishable as a felony,

14 motor vehicle theft, burglary or breaking and enter15 ing, extortion accompanied by threats of violence,

16 and arson punishable as a felony.

17 ‘‘(32) 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, Guam, American Samoa, and the Common21 wealth of the Northern Mariana Islands.

22 ‘‘(33) STATE OFFICE.—The term ‘State office’

23 means an office designated by the chief executive of24 ficer of a State to carry out this title, as provided
340

•S 899 IS

1 in section 507 of the Omnibus Crime Control and

2 Safe Streets Act of 1968 (42 U.S.C. 3757).

3 ‘‘(34) SUSTAINED ORAL COMMUNICATION.—

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

5 oral communication’ means the imparting or

6 interchange of speech by or between an adult

7 inmate and a juvenile.

8 ‘‘(B) EXCEPTION.—The term does not

9 include—

10 ‘‘(i) communication that is accidental

11 or incidental; or

12 ‘‘(ii) sounds or noises that cannot rea13 sonably be considered to be speech.

14 ‘‘(35) TREATMENT.—The term ‘treatment’ in15 cludes medical and other rehabilitative services de16 signed to protect the public, including any services

17 designed to benefit addicts and other users by—

18 ‘‘(A) eliminating their dependence on alco19 hol or other addictive or nonaddictive drugs; or

20 ‘‘(B) controlling or reducing their depend21 ence and susceptibility to addiction or use.

22 ‘‘(36) UNIT OF LOCAL GOVERNMENT.—The

23 term ‘unit of local government’ means—
341

•S 899 IS

1 ‘‘(A) any city, county, township, town, bor2 ough, parish, village, or other general purpose

3 political subdivision of a State;

4 ‘‘(B) any law enforcement district or judi5 cial enforcement district that—

6 ‘‘(i) is established under applicable

7 State law; and

8 ‘‘(ii) has the authority to, in a manner

9 independent of other State entities, estab10 lish a budget and raise revenues;

11 ‘‘(C) an Indian tribe that performs law en12 forcement functions, as determined by the Sec13 retary of the Interior; or

14 ‘‘(D) for the purposes of assistance eligi15 bility, any agency of the government of the Dis16 trict of Columbia or the Federal Government

17 that performs law enforcement functions in and

18 for—

19 ‘‘(i) the District of Columbia; or

20 ‘‘(ii) any Trust Territory of the

21 United States.

22 ‘‘(37) VALID COURT ORDER.—The term ‘valid

23 court order’ means a court order given by a juvenile

24 court judge to a juvenile—
342

•S 899 IS

1 ‘‘(A) who was brought before the court and

2 made subject to such order; and

3 ‘‘(B) who received, before the issuance of

4 such order, the full due process rights guaran5 teed to such juvenile by the Constitution of the

6 United States.

7 ‘‘(38) VIOLENT CRIME.—The term ‘violent

8 crime’ means—

9 ‘‘(A) murder or nonnegligent man10 slaughter, forcible rape, or robbery; or

11 ‘‘(B) aggravated assault committed with

12 the use of a firearm.

13 ‘‘(39) YOUTH.—The term ‘youth’ means an in14 dividual who is not less than 6 years of age and not

15 more than 17 years of age.’’.

16 SEC. 4202. JUVENILE CRIME CONTROL AND PREVENTION.

17 (a) IN GENERAL.—Title II of the Juvenile Justice

18 and Delinquency Prevention Act of 1974 (42 U.S.C. 5611

19 et seq.) is amended to read as follows:
343

•S 899 IS

1 ‘‘TITLE II—JUVENILE CRIME

2 CONTROL AND PREVENTION

3 ‘‘PART A—OFFICE OF JUVENILE CRIME CONTROL

4 AND PREVENTION

5 ‘‘SEC. 201. ESTABLISHMENT OF OFFICE.

6 ‘‘(a) IN GENERAL.—There is established in the De7 partment of Justice, under the general authority of the

8 Attorney General, an Office of Juvenile Crime Control and

9 Prevention.

10 ‘‘(b) ADMINISTRATOR.—

11 ‘‘(1) IN GENERAL.—The Office shall be headed

12 by an Administrator, who shall be appointed by the

13 President, by and with the advice and consent of the

14 Senate, from among individuals who have had expe15 rience in juvenile delinquency prevention and crime

16 control programs.

17 ‘‘(2) REGULATIONS.—The Administrator may

18 prescribe regulations consistent with this Act to

19 award, administer, modify, extend, terminate, mon20 itor, evaluate, reject, or deny all grants and con21 tracts from, and applications for, amounts made

22 available under this title.

23 ‘‘(3) RELATIONSHIP TO ATTORNEY GENERAL.—

24 The Administrator shall have the same reporting re25 lationship with the Attorney General as the directors
344

•S 899 IS

1 of other offices and bureaus within the Office of

2 Justice Programs have with the Attorney General.

3 ‘‘(c) DEPUTY ADMINISTRATOR.—There shall be in

4 the Office a Deputy Administrator, who shall be appointed

5 by the Attorney General. The Deputy Administrator shall

6 perform such functions as the Administrator may assign

7 or delegate and shall act as the Administrator during the

8 absence or disability of the Administrator.

9 ‘‘(d) ASSOCIATE ADMINISTRATOR.—

10 ‘‘(1) IN GENERAL.—There shall be in the Office

11 an Associate Administrator, who shall be appointed

12 by the Administrator, and who shall be treated as a

13 career reserved position within the meaning of sec14 tion 3132 of title 5, United States Code.

15 ‘‘(2) DUTIES.—The duties of the Associate Ad16 ministrator shall include keeping Congress, other

17 Federal agencies, outside organizations, and State

18 and local government officials informed about activi19 ties carried out by the Office.

20 ‘‘(e) DELEGATION AND ASSIGNMENT.—

21 ‘‘(1) IN GENERAL.—Except as otherwise ex22 pressly prohibited by law or otherwise provided by

23 this title, the Administrator may—

24 ‘‘(A) delegate any of the functions of the

25 Administrator, and any function transferred or
345

•S 899 IS

1 granted to the Administrator after the date of

2 enactment of the Violent and Repeat Juvenile

3 Offender Accountability and Rehabilitation Act

4 of 1999, to such officers and employees of the

5 Office as the Administrator may designate; and

6 ‘‘(B) authorize successive redelegations of

7 such functions as may be necessary or appro8 priate.

9 ‘‘(2) RESPONSIBILITY.—No delegation of func10 tions by the Administrator under this subsection or

11 under any other provision of this title shall relieve

12 the Administrator of responsibility for the adminis13 tration of such functions.

14 ‘‘(f) REORGANIZATION.—The Administrator may al15 locate or reallocate any function transferred among the

16 officers of the Office, and establish, consolidate, alter, or

17 discontinue such organizational entities in that Office as

18 may be necessary or appropriate.

19 ‘‘SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS,

20 AND CONSULTANTS.

21 ‘‘(a) IN GENERAL.—The Administrator may select,

22 employ, and fix the compensation of such officers and em23 ployees, including attorneys, as are necessary to perform

24 the functions vested in the Administrator and to prescribe

25 their functions.
346

•S 899 IS

1 ‘‘(b) OFFICERS.—The Administrator may select, ap2 point, and employ not to exceed 4 officers and to fix their

3 compensation at rates not to exceed the maximum rate

4 payable under section 5376 of title 5, United States Code.

5 ‘‘(c) DETAIL OF FEDERAL PERSONNEL.—Upon the

6 request of the Administrator, the head of any Federal

7 agency may detail, on a reimbursable basis, any of its per8 sonnel to the Administrator to assist the Administrator

9 in carrying out the functions of the Administrator under

10 this title.

11 ‘‘(d) SERVICES.—The Administrator may obtain

12 services as authorized by section 3109 of title 5, United

13 States Code, at rates not to exceed the rate now or here14 after payable under section 5376 of title 5, United States

15 Code.

16 ‘‘SEC. 203. VOLUNTARY SERVICE.

17 ‘‘The Administrator may accept and employ, in car18 rying out the provisions of this Act, voluntary and uncom19 pensated services notwithstanding the provisions of section

20 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).

21 ‘‘SEC. 204. NATIONAL PROGRAM.

22 ‘‘(a) NATIONAL JUVENILE CRIME CONTROL, PRE23 VENTION, AND JUVENILE OFFENDER ACCOUNTABILITY

24 PLAN.—
347

•S 899 IS

1 ‘‘(1) IN GENERAL.—Subject to the general au2 thority of the Attorney General, the Administrator

3 shall develop objectives, priorities, and short- and

4 long-term plans, and shall implement overall policy

5 and a strategy to carry out such plan, for all Fed6 eral juvenile crime control, prevention, and juvenile

7 offender accountability programs and activities relat8 ing to improving juvenile crime control, the rehabili9 tation of juvenile offenders, the prevention of juve10 nile crime, and the enhancement of accountability by

11 offenders within the juvenile justice system in the

12 United States.

13 ‘‘(2) CONTENTS OF PLANS.—

14 ‘‘(A) IN GENERAL.—Each plan described

15 in paragraph (1) shall—

16 ‘‘(i) contain specific, measurable goals

17 and criteria for reducing the incidence of

18 crime and delinquency among juveniles,

19 improving juvenile crime control, and en20 suring accountability by offenders within

21 the juvenile justice system in the United

22 States, and shall include criteria for any

23 discretionary grants and contracts, for con24 ducting research, and for carrying out

25 other activities under this title;
348

•S 899 IS

1 ‘‘(ii) provide for coordinating the ad2 ministration of programs and activities

3 under this title with the administration of

4 all other Federal juvenile crime control,

5 prevention, and juvenile offender account6 ability programs and activities, including

7 proposals for joint funding to be coordi8 nated by the Administrator;

9 ‘‘(iii) provide a detailed summary and

10 analysis of the most recent data available

11 regarding the number of juveniles taken

12 into custody, the rate at which juveniles

13 are taken into custody, the time served by

14 juveniles in custody, and the trends dem15 onstrated by such data;

16 ‘‘(iv) provide a description of the ac17 tivities for which amounts are expended

18 under this title;

19 ‘‘(v) provide specific information relat20 ing to the attainment of goals set forth in

21 the plan, including specific, measurable

22 standards for assessing progress toward

23 national juvenile crime reduction and juve24 nile offender accountability goals; and
349

•S 899 IS

1 ‘‘(vi) provide for the coordination of

2 Federal, State, and local initiatives for the

3 reduction of youth crime, preventing delin4 quency, and ensuring accountability for ju5 venile offenders.

6 ‘‘(B) SUMMARY AND ANALYSIS.—Each

7 summary and analysis under subparagraph

8 (A)(iii) shall set out the information required by

9 clauses (i), (ii), and (iii) of this subparagraph

10 separately for juvenile nonoffenders, juvenile

11 status offenders, and other juvenile offenders.

12 Such summary and analysis shall separately ad13 dress with respect to each category of juveniles

14 specified in the preceding sentence—

15 ‘‘(i) the types of offenses with which

16 the juveniles are charged;

17 ‘‘(ii) the ages of the juveniles;

18 ‘‘(iii) the types of facilities used to

19 hold the juveniles (including juveniles

20 treated as adults for purposes of prosecu21 tion) in custody, including secure detention

22 facilities, secure correctional facilities, jails,

23 and lockups;

24 ‘‘(iv) the length of time served by ju25 veniles in custody; and
350

•S 899 IS

1 ‘‘(v) the number of juveniles who died

2 or who suffered serious bodily injury while

3 in custody and the circumstances under

4 which each juvenile died or suffered such

5 injury.

6 ‘‘(C) DEFINITION OF SERIOUS BODILY IN7 JURY.—In this paragraph, the term ‘serious

8 bodily injury’ means bodily injury involving ex9 treme physical pain or the impairment of a

10 function of a bodily member, organ, or mental

11 faculty that requires medical intervention such

12 as surgery, hospitalization, or physical rehabili13 tation.

14 ‘‘(3) ANNUAL REVIEW.—The Administrator

15 shall annually—

16 ‘‘(A) review each plan submitted under this

17 subsection;

18 ‘‘(B) revise the plans, as the Administrator

19 considers appropriate; and

20 ‘‘(C) not later than March 1 of each year,

21 present the plans to the Committee on the Ju22 diciary of the Senate and the Committee on

23 Education and the Workforce of the House of

24 Representatives.
351

•S 899 IS

1 ‘‘(b) DUTIES OF ADMINISTRATOR.—In carrying out

2 this title, the Administrator shall—

3 ‘‘(1) advise the President through the Attorney

4 General as to all matters relating to federally as5 sisted juvenile crime control, prevention, and juvenile

6 offender accountability programs, and Federal poli7 cies regarding juvenile crime and justice, including

8 policies relating to juveniles prosecuted or adju9 dicated in the Federal courts;

10 ‘‘(2) implement and coordinate Federal juvenile

11 crime control, prevention, and juvenile offender ac12 countability programs and activities among Federal

13 departments and agencies and between such pro14 grams and activities and other Federal programs

15 and activities that the Administrator determines

16 may have an important bearing on the success of the

17 entire national juvenile crime control, prevention,

18 and juvenile offender accountability effort including,

19 in consultation with the Director of the Office of

20 Management and Budget listing annually those pro21 grams to be considered Federal juvenile crime con22 trol, prevention, and juvenile accountability pro23 grams for the following fiscal year;

24 ‘‘(3) serve as a single point of contact for

25 States, units of local government, and private enti-
352

•S 899 IS

1 ties to apply for and coordinate the use of and ac2 cess to all Federal juvenile crime control, prevention,

3 and juvenile offender accountability programs;

4 ‘‘(4) provide for the auditing of grants provided

5 pursuant to this title;

6 ‘‘(5) collect, prepare, and disseminate useful

7 data regarding the prevention, correction, and con8 trol of juvenile crime and delinquency, and issue, not

9 less frequently than once each calendar year, a re10 port on successful programs and juvenile crime re11 duction methods utilized by States, localities, and

12 private entities;

13 ‘‘(6) ensure the performance of comprehensive

14 rigorous independent scientific evaluations, each of

15 which shall—

16 ‘‘(A) be independent in nature, and shall

17 employ rigorous and scientifically valid stand18 ards and methodologies; and

19 ‘‘(B) include measures of outcome and

20 process objectives, such as reductions in juve21 nile crime, youth gang activity, youth substance

22 abuse, and other high risk factors, as well as in23 creases in protective factors that reduce the

24 likelihood of delinquency and criminal behavior;
353

•S 899 IS

1 ‘‘(7) involve consultation with appropriate au2 thorities in the States and with appropriate private

3 entities in the development, review, and revision of

4 the plans required by subsection (a) and in the de5 velopment of policies relating to juveniles prosecuted

6 or adjudicated in the Federal courts; and

7 ‘‘(8) provide technical assistance to the States,

8 units of local government, and private entities in im9 plementing programs funded by grants under this

10 title.

11 ‘‘(c) INFORMATION, REPORTS, STUDIES, AND SUR12 VEYS FROM OTHER AGENCIES.—The Administrator

13 through the general authority of the Attorney General,

14 may require, through appropriate authority, Federal de15 partments and agencies engaged in any activity involving

16 any Federal juvenile crime control, prevention, and juve17 nile offender accountability program to provide the Ad18 ministrator with such information and reports, and to con19 duct such studies and surveys, as the Administrator deter20 mines to be necessary to carry out the purposes of this

21 title.

22 ‘‘(d) UTILIZATION OF SERVICES AND FACILITIES OF

23 OTHER AGENCIES; REIMBURSEMENT.—The Adminis24 trator, through the general authority of the Attorney Gen25 eral, may utilize the services and facilities of any agency
354

•S 899 IS

1 of the Federal Government and of any other public agency

2 or institution in accordance with appropriate agreements,

3 and to pay for such services either in advance or by way

4 of reimbursement as may be agreed upon.

5 ‘‘(e) COORDINATION OF FUNCTIONS OF ADMINIS6 TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV7 ICES.—All functions of the Administrator shall be coordi8 nated as appropriate with the functions of the Secretary

9 of Health and Human Services under title III.

10 ‘‘(f) ANNUAL JUVENILE DELINQUENCY DEVELOP11 MENT STATEMENTS.—

12 ‘‘(1) IN GENERAL.—Each Federal agency that

13 administers a Federal juvenile crime control, preven14 tion, and juvenile offender accountability program

15 shall annually submit to the Administrator a juvenile

16 crime control, prevention, and juvenile offender ac17 countability development statement.

18 ‘‘(2) CONTENTS.—Each development statement

19 submitted under paragraph (1) shall contain such

20 information, data, and analyses as the Administrator

21 may require. Such analyses shall include an analysis

22 of the extent to which the program of the Federal

23 agency submitting such development statement con24 forms with and furthers Federal juvenile crime con-
355

•S 899 IS

1 trol, prevention, and juvenile offender accountability,

2 prevention, and treatment goals and policies.

3 ‘‘(3) REVIEW AND COMMENT.—

4 ‘‘(A) IN GENERAL.—The Administrator

5 shall review and comment upon each juvenile

6 crime control, prevention, and juvenile offender

7 accountability development statement trans8 mitted to the Administrator under paragraph

9 (1).

10 ‘‘(B) INCLUSION IN OTHER DOCUMENTA11 TION.—The development statement transmitted

12 under paragraph (1), together with the com13 ments of the Administrator under subparagraph

14 (A), shall be—

15 ‘‘(i) included by the Federal agency

16 involved in every recommendation or re17 quest made by such agency for Federal

18 legislation that significantly affects juvenile

19 crime control, prevention, and juvenile of20 fender accountability; and

21 ‘‘(ii) made available for promulgation

22 to and use by State and local government

23 officials, and by nonprofit organizations in24 volved in delinquency prevention programs.
356

•S 899 IS

1 ‘‘(g) JOINT FUNDING.—Notwithstanding any other

2 provision of law, if funds are made available by more than

3 1 Federal agency to be used by any agency, organization,

4 institution, or individual to carry out a Federal juvenile

5 crime control, prevention, or juvenile offender account6 ability program or activity—

7 ‘‘(1) any 1 of the Federal agencies providing

8 funds may be requested by the Administrator to act

9 for all in administering the funds advanced; and

10 ‘‘(2) in such a case, a single non-Federal share

11 requirement may be established according to the

12 proportion of funds advanced by each Federal agen13 cy, and the Administrator may order any such agen14 cy to waive any technical grant or contract require15 ment (as defined in those regulations) that is incon16 sistent with the similar requirement of the admin17 istering agency or which the administering agency

18 does not impose.

19 ‘‘SEC. 205. JUVENILE DELINQUENCY PREVENTION CHAL20 LENGE GRANT PROGRAM.

21 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis22 trator may make grants to eligible States in accordance

23 with this part for the purpose of providing financial assist24 ance to eligible entities to carry out projects designed to

25 prevent juvenile delinquency, including—
357

•S 899 IS

1 ‘‘(1) educational projects or supportive services

2 for delinquent or other juveniles—

3 ‘‘(A) to encourage juveniles to remain in

4 elementary and secondary schools or in alter5 native learning situations in educational set6 tings;

7 ‘‘(B) to provide services to assist juveniles

8 in making the transition to the world of work

9 and self-sufficiency;

10 ‘‘(C) to assist in identifying learning dif11 ficulties (including learning disabilities);

12 ‘‘(D) to prevent unwarranted and arbitrary

13 suspensions and expulsions;

14 ‘‘(E) to encourage new approaches and

15 techniques with respect to the prevention of

16 school violence and vandalism;

17 ‘‘(F) that assist law enforcement personnel

18 and juvenile justice personnel to more effec19 tively recognize and provide for learning-dis20 abled and other disabled juveniles; or

21 ‘‘(G) that develop locally coordinated poli22 cies and programs among education, juvenile

23 justice, and social service agencies;

24 ‘‘(2) projects that use neighborhood courts or

25 panels that increase victim satisfaction and require
358

•S 899 IS

1 juveniles to make restitution, or perform community

2 service, for the damage caused by their delinquent

3 acts;

4 ‘‘(3) projects that provide treatment to juvenile

5 offenders who are victims of child abuse or neglect,

6 and to their families, in order to reduce the likeli7 hood that such juvenile offenders will commit subse8 quent violations of law;

9 ‘‘(4) projects that expand the use of probation

10 officers—

11 ‘‘(A) particularly for the purpose of per12 mitting nonviolent juvenile offenders (including

13 status offenders) to remain at home with their

14 families as an alternative to incarceration or in15 stitutionalization; and

16 ‘‘(B) to ensure that juveniles follow the

17 terms of their probation;

18 ‘‘(5) one-on-one mentoring projects that are de19 signed to link at-risk juveniles and juvenile offenders

20 who did not commit serious crime, particularly juve21 niles residing in high-crime areas and juveniles expe22 riencing educational failure, with responsible adults

23 (such as law enforcement officers, adults working

24 with local businesses, and adults working for com-
359

•S 899 IS

1 munity-based organizations and agencies) who are

2 properly screened and trained;

3 ‘‘(6) community-based projects and services (in4 cluding literacy and social service programs) that

5 work with juvenile offenders, including those from

6 families with limited English-speaking proficiency,

7 their parents, their siblings, and other family mem8 bers during and after incarceration of the juvenile

9 offenders, in order to strengthen families, to allow

10 juvenile offenders to remain in their homes, and to

11 prevent the involvement of other juvenile family

12 members in delinquent activities;

13 ‘‘(7) projects designed to provide for the treat14 ment of juveniles for dependence on or abuse of al15 cohol, drugs, or other harmful substances, giving

16 priority to juveniles who have been arrested for an

17 alleged act of juvenile delinquency or adjudicated de18 linquent;

19 ‘‘(8) projects that leverage funds to provide

20 scholarships for postsecondary education and train21 ing for low-income juveniles who reside in neighbor22 hoods with high rates of poverty, violence, and drug23 related crimes;
360

•S 899 IS

1 ‘‘(9) projects that provide for initial intake

2 screening, which may include drug testing, of each

3 juvenile taken into custody—

4 ‘‘(A) to determine the likelihood that such

5 juvenile will commit a subsequent offense; and

6 ‘‘(B) to provide appropriate interventions

7 to prevent such juvenile from committing subse8 quent offenses;

9 ‘‘(10) projects (including school- or community10 based projects) that are designed to prevent, and re11 duce the rate of, the participation of juveniles in

12 gangs that commit crimes (particularly violent

13 crimes), that unlawfully use firearms and other

14 weapons, or that unlawfully traffic in drugs and that

15 involve, to the extent practicable, families and other

16 community members (including law enforcement per17 sonnel and members of the business community) in

18 the activities conducted under such projects;

19 ‘‘(11) comprehensive juvenile justice and delin20 quency prevention projects that meet the needs of

21 juveniles through the collaboration of the many local

22 service systems juveniles encounter, including

23 schools, courts, law enforcement agencies, child pro24 tection agencies, mental health agencies, welfare
361

•S 899 IS

1 services, health care agencies, and private nonprofit

2 agencies offering services to juveniles;

3 ‘‘(12) to develop, implement, and support, in

4 conjunction with public and private agencies, organi5 zations, and businesses, projects for the employment

6 of juveniles and referral to job training programs

7 (including referral to Federal job training pro8 grams);

9 ‘‘(13) delinquency prevention activities that in10 volve youth clubs, sports, recreation and parks, peer

11 counseling and teaching, the arts, leadership devel12 opment, community service, volunteer service,

13 before- and after-school programs, violence preven14 tion activities, mediation skills training, camping,

15 environmental education, ethnic or cultural enrich16 ment, tutoring, and academic enrichment;

17 ‘‘(14) to establish policies and systems to incor18 porate relevant child protective services records into

19 juvenile justice records for purposes of establishing

20 treatment plans for juvenile offenders;

21 ‘‘(15) family strengthening activities, such as

22 mutual support groups for parents and their chil23 dren; and

24 ‘‘(16) other activities that are likely to prevent

25 juvenile delinquency.
362

•S 899 IS

1 ‘‘(b) ELIGIBILITY OF STATES.—

2 ‘‘(1) APPLICATION.—To be eligible to receive a

3 grant under subsection (a), a State shall submit to

4 the Administrator an application that contains the

5 following:

6 ‘‘(A) An assurance that the State will

7 use—

8 ‘‘(i) not more than 5 percent of such

9 grant, in the aggregate, for—

10 ‘‘(I) the costs incurred by the

11 State to carry out this part; and

12 ‘‘(II) to evaluate, and provide

13 technical assistance relating to,

14 projects and activities carried out with

15 funds provided under this part; and

16 ‘‘(ii) the remainder of such grant to

17 make grants under subsection (c).

18 ‘‘(B) An assurance that, and a detailed de19 scription of how, such grant will support, and

20 not supplant State and local efforts to prevent

21 juvenile delinquency.

22 ‘‘(C) An assurance that such application

23 was prepared after consultation with and par24 ticipation by—
363

•S 899 IS

1 ‘‘(i) community-based organizations

2 that carry out programs, projects, or ac3 tivities to prevent juvenile delinquency; and

4 ‘‘(ii) police, sheriff, prosecutors, State

5 or local probation services, juvenile courts,

6 schools, businesses, and religious affiliated

7 fraternal, nonprofit, and social service or8 ganizations involved in crime prevention.

9 ‘‘(D) An assurance that each eligible entity

10 described in subsection (c)(1) that receives an

11 initial grant under subsection (c) to carry out

12 a project or activity shall also receive an assur13 ance from the State that such entity will receive

14 from the State, for the subsequent fiscal year to

15 carry out such project or activity, a grant under

16 such section in an amount that is proportional,

17 based on such initial grant and on the amount

18 of the grant received under subsection (a) by

19 the State for such subsequent fiscal year, but

20 that does not exceed the amount specified for

21 such subsequent fiscal year in such application

22 as approved by the State.

23 ‘‘(E) An assurance that each eligible entity

24 described in subsection (c)(1) that receives a

25 grant to carry out a project or activity under
364

•S 899 IS

1 subsection (c) has agreed to provide a 50 per2 cent match of the amount of the grant, includ3 ing the value of in-kind contributions to fund

4 the project or activity, except that the Adminis5 trator may for good cause reduce the matching

requirement to 331 6 ⁄3 percent for economically

7 disadvantaged communities.

8 ‘‘(F) An assurance that projects or activi9 ties funded by a grant under subsection (a)

10 shall be carried out through or in coordination

11 with a court with a juvenile crime or delin12 quency docket.

13 ‘‘(G) Such other information as the Ad14 ministrator may reasonably require by rule.

15 ‘‘(2) APPROVAL OF APPLICATIONS.—

16 ‘‘(A) APPROVAL REQUIRED.—Subject to

17 subparagraph (A), the Administrator shall ap18 prove an application, and amendments to such

19 application submitted in subsequent fiscal

20 years, that satisfy the requirements of para21 graph (1).

22 ‘‘(B) LIMITATION.—The Administrator

23 may not approve such application (including

24 amendments to such application) for a fiscal

25 year unless—
365

•S 899 IS

1 ‘‘(i)(I) the State submitted a plan

2 under section 222 for such fiscal year; and

3 ‘‘(II) such plan is approved by the Ad4 ministrator for such fiscal year; or

5 ‘‘(ii) the Administrator waives the ap6 plication of clause (i) to such State for

7 such fiscal year, after finding good cause

8 for such a waiver.

9 ‘‘(c) GRANTS FOR LOCAL PROJECTS.—

10 ‘‘(1) SELECTION FROM AMONG APPLICA11 TIONS.—

12 ‘‘(A) IN GENERAL.—Using a grant re13 ceived under subsection (a), a State may make

14 grants to eligible entities whose applications are

15 received by the State in accordance with para16 graph (2) to carry out projects and activities

17 described in subsection (a).

18 ‘‘(B) SPECIAL CONSIDERATION.—For pur19 poses of making such grants, the State shall

20 give special consideration to eligible entities

21 that—

22 ‘‘(i) propose to carry out such projects

23 in geographical areas in which there is—
366

•S 899 IS

1 ‘‘(I) a disproportionately high

2 level of serious crime committed by

3 juveniles; or

4 ‘‘(II) a recent rapid increase in

5 the number of nonstatus offenses

6 committed by juveniles;

7 ‘‘(ii)(I) agree to carry out such

8 projects or activities that are multidisci9 plinary and involve 2 or more eligible enti10 ties; or

11 ‘‘(II) represent communities that have

12 a comprehensive plan designed to identify

13 at-risk juveniles and to prevent or reduce

14 the rate of juvenile delinquency, and that

15 involve other entities operated by individ16 uals who have a demonstrated history of

17 involvement in activities designed to pre18 vent juvenile delinquency; and

19 ‘‘(iii) state the amount of resources

20 (in cash or in kind) such entities will pro21 vide to carry out such projects and activi22 ties.

23 ‘‘(2) RECEIPT OF APPLICATIONS.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), a unit of local government shall sub-
367

•S 899 IS

1 mit to the State simultaneously all applications

2 that are—

3 ‘‘(i) timely received by such unit from

4 eligible entities; and

5 ‘‘(ii) determined by such unit to be

6 consistent with a current plan formulated

7 by such unit for the purpose of preventing,

8 and reducing the rate of, juvenile delin9 quency in the geographical area under the

10 jurisdiction of such unit.

11 ‘‘(B) DIRECT SUBMISSION.—If an applica12 tion submitted to such unit by an eligible entity

13 satisfies the requirements specified in clauses

14 (i) and (ii) of subparagraph (A), such entity

15 may submit such application directly to the

16 State.

17 ‘‘(d) ELIGIBILITY OF ENTITIES.—

18 ‘‘(1) ELIGIBILITY.—Subject to paragraph (2)

19 and except as provided in paragraph (3), to be eligi20 ble to receive a grant under subsection (c), a com21 munity-based organization, local juvenile justice sys22 tem officials (including prosecutors, police officers,

23 judges, probation officers, parole officers, and public

24 defenders), local education authority (as defined in

25 section 14101 of the Elementary and Secondary
368

•S 899 IS

1 Education Act of 1965 and including a school within

2 such authority), nonprofit private organization (in3 cluding a faith-based organization), unit of local gov4 ernment, or social service provider, and or other en5 tity with a demonstrated history of involvement in

6 the prevention of juvenile delinquency, shall submit

7 to a unit of local government an application that

8 contains the following:

9 ‘‘(A) An assurance that such applicant will

10 use such grant, and each such grant received

11 for the subsequent fiscal year, to carry out

12 throughout a 2-year period a project or activity

13 described in reasonable detail, and of a kind de14 scribed in 1 or more of paragraphs (1) through

15 (14) of subsection (a) as specified in, such ap16 plication.

17 ‘‘(B) A statement of the particular goals

18 such project or activity is designed to achieve,

19 and the methods such entity will use to achieve,

20 and assess the achievement of, each of such

21 goals.

22 ‘‘(C) A statement identifying the research

23 (if any) such entity relied on in preparing such

24 application.
369

•S 899 IS

1 ‘‘(2) REVIEW AND SUBMISSION OF APPLICA2 TIONS.—Except as provided in paragraph (3), an en3 tity shall not be eligible to receive a grant under

4 subsection (c) unless—

5 ‘‘(A) such entity submits to a unit of local

6 government an application that—

7 ‘‘(i) satisfies the requirements speci8 fied in subsection (a); and

9 ‘‘(ii) describes a project or activity to

10 be carried out in the geographical area

11 under the jurisdiction of such unit; and

12 ‘‘(B) such unit determines that such

13 project or activity is consistent with a current

14 plan formulated by such unit for the purpose of

15 preventing, and reducing the rate of, juvenile

16 delinquency in the geographical area under the

17 jurisdiction of such unit.

18 ‘‘(3) LIMITATION.—If an entity that receives a

19 grant under subsection (c) to carry out a project or

20 activity for a 2-year period, and receives technical

21 assistance from the State or the Administrator after

22 requesting such technical assistance (if any), fails to

23 demonstrate, before the expiration of such 2-year pe24 riod, that such project or such activity has achieved

25 substantial success in achieving the goals specified in
370

•S 899 IS

1 the application submitted by such entity to receive

2 such grants, then such entity shall not be eligible to

3 receive any subsequent grant under such section to

4 continue to carry out such project or activity.

5 ‘‘(e) REPORTING REQUIREMENT.—Not later than

6 180 days after the last day of each fiscal year, the Admin7 istrator shall submit to the Chairman of the Committee

8 on Education and the Workforce of the House of Rep9 resentatives and the Chairman of the Committee on the

10 Judiciary of the Senate a report, which shall—

11 ‘‘(1) describe activities and accomplishments of

12 grant activities funded under this section;

13 ‘‘(2) describe procedures followed to dissemi14 nate grant activity products and research findings;

15 ‘‘(3) describe activities conducted to develop

16 policy and to coordinate Federal agency and inter17 agency efforts related to delinquency prevention;

18 ‘‘(4) identify successful approaches and making

19 the recommendations for future activities to be con20 ducted under this section; and

21 ‘‘(5) describe, on a State-by-State basis, the

22 total amount of matching contributions made by

23 States and eligible entities for activities funded

24 under this section.

25 ‘‘(f) RESEARCH AND EVALUATION.—
371

•S 899 IS

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), of the amount made available to carry out

3 this section in each fiscal year, the Administrator

4 shall use the lesser of 5 percent or $5,000,000 for

5 research, statistics, and evaluation activities carried

6 out in conjunction with the grant programs under

7 this section.

8 ‘‘(2) EXCEPTION.—No amount shall be avail9 able as provided in paragraph (1) for a fiscal year,

10 if amounts are made available for that fiscal year for

11 the National Institute of Justice for evaluation re12 search of juvenile delinquency programs pursuant to

13 subsection (b)(6) or (c)(6) of section 313.

14 ‘‘SEC. 206. GRANTS TO INDIAN TRIBES.

15 ‘‘(a) IN GENERAL.—From the amount reserved

16 under section 207(b) in each fiscal year, the Administrator

17 shall make grants to Indian tribes for programs pursuant

18 to the permissible purposes under section 205 and part

19 B.

20 ‘‘(b) APPLICATIONS.—

21 ‘‘(1) IN GENERAL.—To be eligible to receive a

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

24 and containing such information as the Adminis25 trator may by regulation require.
372

•S 899 IS

1 ‘‘(2) PLANS.—Each application submitted

2 under paragraph (1) shall include a plan for con3 ducting projects described in section 205(a), which

4 plan shall—

5 ‘‘(A) provide evidence that the Indian tribe

6 performs law enforcement functions (as deter7 mined by the Secretary of the Interior);

8 ‘‘(B) identify the juvenile justice and delin9 quency problems and juvenile delinquency pre10 vention needs to be addressed by activities con11 ducted by the Indian tribe in the area under the

12 jurisdiction of the Indian tribe with assistance

13 provided by the grant;

14 ‘‘(C) provide for fiscal control and account15 ing procedures that—

16 ‘‘(i) are necessary to ensure the pru17 dent use, proper disbursement, and ac18 counting of funds received under this sec19 tion; and

20 ‘‘(ii) are consistent with the require21 ments of subparagraph (B); and

22 ‘‘(D) comply with the requirements of sec23 tion 222(a) (except that such subsection relates

24 to consultation with a State advisory group)
373

•S 899 IS

1 and with the requirements of section 222(c);

2 and

3 ‘‘(E) contain such other information, and

4 be subject to such additional requirements, as

5 the Administrator may reasonably prescribe to

6 ensure the effectiveness of the grant program

7 under this section.

8 ‘‘(c) FACTORS FOR CONSIDERATION.—In awarding

9 grants under this section, the Administrator shall

10 consider—

11 ‘‘(1) the resources that are available to each ap12 plicant that will assist, and be coordinated with, the

13 overall juvenile justice system of the Indian tribe;

14 and

15 ‘‘(2) for each Indian tribe that receives assist16 ance under such a grant—

17 ‘‘(A) the relative juvenile population; and

18 ‘‘(B) who will be served by the assistance

19 provided by the grant.

20 ‘‘(d) GRANT AWARDS.—

21 ‘‘(1) IN GENERAL.—

22 ‘‘(A) COMPETITIVE AWARDS.—Except as

23 provided in paragraph (2), the Administrator

24 shall annually award grants under this section

25 on a competitive basis. The Administrator shall
374

•S 899 IS

1 enter into a grant agreement with each grant

2 recipient under this section that specifies the

3 terms and conditions of the grant.

4 ‘‘(B) PERIOD OF GRANT.—The period of

5 each grant awarded under this section shall be

6 2 years.

7 ‘‘(2) EXCEPTION.—In any case in which the

8 Administrator determines that a grant recipient

9 under this section has performed satisfactorily dur10 ing the preceding year in accordance with an appli11 cable grant agreement, the Administrator may—

12 ‘‘(A) waive the requirement that the recipi13 ent be subject to the competitive award process

14 described in paragraph (1)(A); and

15 ‘‘(B) renew the grant for an additional

16 grant period (as specified in paragraph (1)(B)).

17 ‘‘(3) MODIFICATIONS OF PROCESSES.—The Ad18 ministrator may prescribe requirements to provide

19 for appropriate modifications to the plan preparation

20 and application process specified in subsection (b)

21 for an application for a renewal grant under para22 graph (2)(B).

23 ‘‘(e) REPORTING REQUIREMENT.—Each Indian tribe

24 that receives a grant under this section shall be subject

25 to the fiscal accountability provisions of section 5(f)(1) of
375

•S 899 IS

1 the Indian Self-Determination and Education Assistance

2 Act (25 U.S.C. 450c(f)(1)), relating to the submission of

3 a single-agency audit report required by chapter 75 of title

4 31, United States Code.

5 ‘‘(f) MATCHING REQUIREMENT.—Funds appro6 priated by Congress for the activities of any agency of an

7 Indian tribal government or the Bureau of Indian Affairs

8 performing law enforcement functions on any Indian lands

9 may be used to provide the non-Federal share of any pro10 gram or project with a matching requirement funded

11 under this section.

12 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec13 tion may be construed to affect in any manner the juris14 diction of an Indian tribe with respect to land or persons

15 in the State of Alaska.

16 ‘‘(h) TECHNICAL ASSISTANCE.—From the amount

17 reserved under section 207(b) in each fiscal year, the Ad18 ministrator may reserve 1 percent for the purpose of pro19 viding technical assistance to recipients of grants under

20 this section.

21 ‘‘SEC. 207. ALLOCATION OF GRANTS.

22 ‘‘(a) IN GENERAL.—Subject to subsections (b), (c),

23 and (d), the amount allocated under section 291 to carry

24 out section 205 in each fiscal year shall be allocated to

25 the States as follows:
376

•S 899 IS

1 ‘‘(1) 0.5 percent shall be allocated to each eligi2 ble State.

3 ‘‘(2) The amount remaining after the allocation

4 under subparagraph (A) shall be allocated among el5 igible States as follows:

6 ‘‘(A) 50 percent of such amount shall be

7 allocated proportionately based on the juvenile

8 population in the eligible States.

9 ‘‘(B) 50 percent of such amount shall be

10 allocated proportionately based on the annual

11 average number of arrests for serious crimes

12 committed in the eligible States by juveniles

13 during the then most recently completed period

14 of 3 consecutive calendar years for which suffi15 cient information is available to the Adminis16 trator.

17 ‘‘(b) RESERVATION OF FUNDS.—Notwithstanding

18 any other provision of law, from the amounts allocated

19 under section 291 to carry out section 205 and part B

20 in each fiscal year, the Administrator shall reserve an

21 amount equal to the amount to which all Indian tribes

22 that qualify for a grant under section 206 would collec23 tively be entitled, if such tribes were collectively treated

24 as a State for purposes of subsection (a).
377

•S 899 IS

1 ‘‘(c) EXCEPTION.—The amount allocated to the Vir2 gin Islands of the United States, Guam, American Samoa,

3 the Trust Territory of the Pacific Islands, and the Com4 monwealth of the Northern Mariana Islands shall be not

5 less than $75,000 and not more than $100,000.

6 ‘‘(d) ADMINISTRATIVE COSTS.—A State, unit of local

7 government, or eligible unit that receives funds under this

8 part may not use more than 5 percent of those funds to

9 pay for administrative costs.

10 ‘‘PART B—FEDERAL ASSISTANCE FOR STATE AND

11 LOCAL PROGRAMS

12 ‘‘SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.

13 ‘‘(a) IN GENERAL.—The Administrator may make

14 grants to States and units of local government, or com15 binations thereof, to assist them in planning, establishing,

16 operating, coordinating, and evaluating projects directly or

17 through grants and contracts with public and private

18 agencies for the development of more effective education,

19 training, research, prevention, diversion, treatment, and

20 rehabilitation programs in the area of juvenile delinquency

21 and programs to improve the juvenile justice system.

22 ‘‘(b) TRAINING AND TECHNICAL ASSISTANCE.—

23 ‘‘(1) IN GENERAL.—With not to exceed 2 per24 cent of the funds available in a fiscal year to carry

25 out this part, the Administrator shall make grants
378

•S 899 IS

1 to and enter into contracts with public and private

2 agencies, organizations, and individuals to provide

3 training and technical assistance to States, units of

4 local governments (and combinations thereof), and

5 local private agencies to facilitate compliance with

6 section 222 and implementation of the State plan

7 approved under section 222(c).

8 ‘‘(2) ELIGIBLE RECIPIENTS.—Grants may be

9 made and contracts may be entered into under para10 graph (1) only to public and private agencies, orga11 nizations, and individuals that have experience in

12 providing such training and technical assistance. In

13 providing such training and technical assistance, the

14 recipient of a grant or contract under this subsection

15 shall coordinate its activities with the State agency

16 described in section 222(a)(1).

17 ‘‘SEC. 222. STATE PLANS.

18 ‘‘(a) IN GENERAL.—In order to receive formula

19 grants under this part, a State shall submit a plan, devel20 oped in consultation with the State Advisory Group estab21 lished by the State under subsection (b)(2)(A), for car22 rying out its purposes applicable to a 3-year period. The

23 State shall submit annual performance reports to the Ad24 ministrator, each of which shall describe progress in imple25 menting programs contained in the original plan, and
379

•S 899 IS

1 amendments necessary to update the plan, and shall de2 scribe the status of compliance with State plan require3 ments. In accordance with regulations that the Adminis4 trator shall prescribe, such plan shall—

5 ‘‘(1) designate a State agency as the sole agen6 cy for supervising the preparation and administra7 tion of the plan;

8 ‘‘(2) contain satisfactory evidence that the

9 State agency designated in accordance with para10 graph (1) has or will have authority, by legislation

11 if necessary, to implement such plan in conformity

12 with this part;

13 ‘‘(3) provide for the active consultation with

14 and participation of units of local government, or

15 combinations thereof, in the development of a State

16 plan that adequately takes into account the needs

17 and requests of units of local government, except

18 that nothing in the plan requirements, or any regu19 lations promulgated to carry out such requirements,

20 shall be construed to prohibit or impede the State

21 from making grants to, or entering into contracts

22 with, local private agencies, including religious orga23 nizations;

24 ‘‘(4) to the extent feasible and consistent with

25 paragraph (5), provide for an equitable distribution
380

•S 899 IS

1 of the assistance received with the State, including

2 rural areas;

3 ‘‘(5) require that the State or unit of local gov4 ernment that is a recipient of amounts under this

5 part distributes those amounts intended to be used

6 for the prevention of juvenile delinquency and reduc7 tion of incarceration, to the extent feasible, in pro8 portion to the amount of juvenile crime committed

9 within those regions and communities;

10 ‘‘(6) provide assurances that youth coming into

11 contact with the juvenile justice system are treated

12 equitably on the basis of gender, race, family in13 come, and disability;

14 ‘‘(7)(A) provide for—

15 ‘‘(i) an analysis of juvenile crime and de16 linquency problems (including the joining of

17 gangs that commit crimes) and juvenile justice

18 and delinquency prevention needs (including

19 educational needs) of the State (including any

20 geographical area in which an Indian tribe per21 forms law enforcement functions), a description

22 of the services to be provided, and a description

23 of performance goals and priorities, including a

24 specific statement of the manner in which pro25 grams are expected to meet the identified juve-
381

•S 899 IS

1 nile crime problems (including the joining of

2 gangs that commit crimes) and juvenile justice

3 and delinquency prevention needs (including

4 educational needs) of the State;

5 ‘‘(ii) an indication of the manner in which

6 the programs relate to other similar State or

7 local programs that are intended to address the

8 same or similar problems; and

9 ‘‘(iii) a plan for the concentration of State

10 efforts, which shall coordinate all State juvenile

11 crime control, prevention, and delinquency pro12 grams with respect to overall policy and devel13 opment of objectives and priorities for all State

14 juvenile crime control and delinquency pro15 grams and activities, including provision for

16 regular meetings of State officials with respon17 sibility in the area of juvenile justice and delin18 quency prevention;

19 ‘‘(B) contain—

20 ‘‘(i) a plan for providing needed gender21 specific services for the prevention and treat22 ment of juvenile delinquency;

23 ‘‘(ii) a plan for providing needed services

24 for the prevention and treatment of juvenile de25 linquency in rural areas; and
382

•S 899 IS

1 ‘‘(iii) a plan for providing needed mental

2 health services to juveniles in the juvenile jus3 tice system;

4 ‘‘(8) provide for the coordination and maximum

5 utilization of existing juvenile delinquency programs,

6 programs operated by public and private agencies

7 and organizations, and other related programs (such

8 as education, special education, recreation, health,

9 and welfare programs) in the State;

10 ‘‘(9) provide for the development of an adequate

11 research, training, and evaluation capacity within

12 the State;

13 ‘‘(10) provide that not less than 75 percent of

14 the funds available to the State under section 221,

15 other than funds made available to the State advi16 sory group under this section, whether expended di17 rectly by the State, by the unit of local government,

18 or by a combination thereof, or through grants and

19 contracts with public or private nonprofit agencies,

20 shall be used for—

21 ‘‘(A) community-based alternatives (includ22 ing home-based alternatives) to incarceration

23 and institutionalization, including—
383

•S 899 IS

1 ‘‘(i) for youth who need temporary

2 placement: crisis intervention, shelter, and

3 after-care; and

4 ‘‘(ii) for youth who need residential

5 placement: a continuum of foster care or

6 group home alternatives that provide ac7 cess to a comprehensive array of services;

8 ‘‘(B) programs that assist in holding juve9 niles accountable for their actions, including the

10 use of graduated sanctions and of neighborhood

11 courts or panels that increase victim satisfac12 tion and require juveniles to make restitution

13 for the damage caused by their delinquent be14 havior;

15 ‘‘(C) comprehensive juvenile crime control

16 and delinquency prevention programs that meet

17 the needs of youth through the collaboration of

18 the many local systems before which a youth

19 may appear, including schools, courts, law en20 forcement agencies, child protection agencies,

21 mental health agencies, welfare services, health

22 care agencies, and private nonprofit agencies of23 fering youth services;

24 ‘‘(D) programs that provide treatment to

25 juvenile offenders who are victims of child
384

•S 899 IS

1 abuse or neglect, and to their families, in order

2 to reduce the likelihood that such juvenile of3 fenders will commit subsequent violations of

4 law;

5 ‘‘(E) educational programs or supportive

6 services for delinquent or other juveniles—

7 ‘‘(i) to encourage juveniles to remain

8 in elementary and secondary schools or in

9 alternative learning situations;

10 ‘‘(ii) to provide services to assist juve11 niles in making the transition to the world

12 of work and self-sufficiency; and

13 ‘‘(iii) enhance coordination with the

14 local schools that such juveniles would oth15 erwise attend, to ensure that—

16 ‘‘(I) the instruction that juveniles

17 receive outside school is closely

18 aligned with the instruction provided

19 in school; and

20 ‘‘(II) information regarding any

21 learning problems identified in such

22 alternative learning situations are

23 communicated to the schools;

24 ‘‘(F) expanding the use of probation

25 officers—
385

•S 899 IS

1 ‘‘(i) particularly for the purpose of

2 permitting nonviolent juvenile offenders

3 (including status offenders) to remain at

4 home with their families as an alternative

5 to incarceration or institutionalization; and

6 ‘‘(ii) to ensure that juveniles follow

7 the terms of their probation;

8 ‘‘(G) one-on-one mentoring programs that

9 are designed to link at-risk juveniles and juve10 nile offenders, particularly juveniles residing in

11 high-crime areas and juveniles experiencing

12 educational failure, with responsible adults

13 (such as law enforcement officers, adults work14 ing with local businesses, and adults working

15 with community-based organizations and agen16 cies) who are properly screened and trained;

17 ‘‘(H) programs designed to develop and

18 implement projects relating to juvenile delin19 quency and learning disabilities, including on20 the-job training programs to assist community

21 services, law enforcement, and juvenile justice

22 personnel to more effectively recognize and pro23 vide for learning disabled and other juveniles

24 with disabilities;
386

•S 899 IS

1 ‘‘(I) projects designed both to deter in2 volvement in illegal activities and to promote in3 volvement in lawful activities on the part of

4 gangs whose membership is substantially com5 posed of youth;

6 ‘‘(J) programs and projects designed to

7 provide for the treatment of youths’ dependence

8 on or abuse of alcohol or other addictive or non9 addictive drugs;

10 ‘‘(K) boot camps for juvenile offenders;

11 ‘‘(L) community-based programs and serv12 ices to work with juveniles, their parents, and

13 other family members during and after incar14 ceration in order to strengthen families so that

15 such juveniles may be retained in their homes;

16 ‘‘(M) other activities (such as court-ap17 pointed advocates) that the State determines

18 will hold juveniles accountable for their acts

19 and decrease juvenile involvement in delinquent

20 activities;

21 ‘‘(N) establishing policies and systems to

22 incorporate relevant child protective services

23 records into juvenile justice records for pur24 poses of establishing treatment plans for juve25 nile offenders;
387

•S 899 IS

1 ‘‘(O) programs (including referral to lit2 eracy programs and social service programs) to

3 assist families with limited English-speaking

4 ability that include delinquent juveniles to over5 come language and other barriers that may pre6 vent the complete treatment of such juveniles

7 and the preservation of their families;

8 ‘‘(P) programs that utilize multidisci9 plinary interagency case management and infor10 mation sharing, that enable the juvenile justice

11 and law enforcement agencies, schools, and so12 cial service agencies to make more informed de13 cisions regarding early identification, control,

14 supervision, and treatment of juveniles who re15 peatedly commit violent or serious delinquent

16 acts; and

17 ‘‘(Q) programs designed to prevent and re18 duce hate crimes committed by juveniles;

19 ‘‘(11) shall provide that—

20 ‘‘(A) juveniles who are charged with or

21 who have committed an offense that would not

22 be criminal if committed by an adult,

23 excluding—

24 ‘‘(i) juveniles who are charged with or

25 who have committed a violation of section
388

•S 899 IS

1 922(x)(2) of title 18, United States Code,

2 or of a similar State law;

3 ‘‘(ii) juveniles who are charged with or

4 who have committed a violation of a valid

5 court order; and

6 ‘‘(iii) juveniles who are held in accord7 ance with the Interstate Compact on Juve8 niles as enacted by the State;

9 shall not be placed in secure detention facilities

10 or secure correctional facilities; and

11 ‘‘(B) juveniles—

12 ‘‘(i) who are not charged with any of13 fense; and

14 ‘‘(ii) who are—

15 ‘‘(I) aliens; or

16 ‘‘(II) alleged to be dependent, ne17 glected, or abused;

18 shall not be placed in secure detention facilities

19 or secure correctional facilities;

20 ‘‘(12) provide that—

21 ‘‘(A) juveniles alleged to be or found to be

22 delinquent or juveniles within the purview of

23 paragraph (11) will not be detained or confined

24 in any institution in which they have prohibited
389

•S 899 IS

1 physical contact or sustained oral communica2 tion with adult inmates; and

3 ‘‘(B) there is in effect in the State a policy

4 that requires individuals who work with both

5 such juveniles and such adult inmates in collo6 cated facilities have been trained and certified

7 to work with juveniles;

8 ‘‘(13) provide that no juvenile will be detained

9 or confined in any jail or lockup for adults except—

10 ‘‘(A) juveniles who are accused of non11 status offenses and who are detained in such

12 jail or lockup for a period not to exceed 6

13 hours—

14 ‘‘(i) for processing or release;

15 ‘‘(ii) while awaiting transfer to a juve16 nile facility; or

17 ‘‘(iii) in which period such juveniles

18 make a court appearance;

19 ‘‘(B) juveniles who are accused of non20 status offenses, who are awaiting an initial

21 court appearance that will occur within 48

22 hours after being taken into custody (excluding

23 Saturdays, Sundays, and legal holidays), and

24 who are detained or confined in a jail or

25 lockup—
390

•S 899 IS

1 ‘‘(i) in which—

2 ‘‘(I) such juveniles do not have

3 prohibited physical contact or sus4 tained oral communication with adult

5 inmates; and

6 ‘‘(II) there is in effect in the

7 State a policy that requires individ8 uals who work with both such juve9 niles and such adult inmates in collo10 cated facilities have been trained and

11 certified to work with juveniles; and

12 ‘‘(ii) that—

13 ‘‘(I) is located outside a metro14 politan statistical area (as defined by

15 the Office of Management and Budg16 et);

17 ‘‘(II) has no existing acceptable

18 alternative placement available;

19 ‘‘(III) 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 (excluding Saturdays, Sun24 days, and legal holidays) so that a
391

•S 899 IS

1 brief (not to exceed an additional 48

2 hours) 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 travel;

11 ‘‘(C) juveniles who are accused of non12 status offenses and who are detained or con13 fined in a jail or lockup that satisfies the re14 quirements of subparagraph (B)(i) if—

15 ‘‘(i) such jail or lockup—

16 ‘‘(I) is located outside a metro17 politan statistical area (as defined by

18 the Office of Management and Budg19 et); and

20 ‘‘(II) has no existing acceptable

21 alternative placement available;

22 ‘‘(ii) a parent or other legal guardian

23 (or guardian ad litem) of the juvenile in24 volved consents to detaining or confining
392

•S 899 IS

1 such juvenile in accordance with this sub2 paragraph;

3 ‘‘(iii) the juvenile has counsel, and the

4 counsel representing such juvenile has an

5 opportunity to present the juvenile’s posi6 tion regarding the detention or confine7 ment involved to the court before the court

8 approves such detention or confinement;

9 and

10 ‘‘(iv) detaining or confining such juve11 nile in accordance with this subparagraph

12 is—

13 ‘‘(I) approved in advance by a

14 court with competent jurisdiction;

15 ‘‘(II) required to be reviewed pe16 riodically, at intervals of not more

17 than 5 days (excluding Saturdays,

18 Sundays, and legal holidays), by such

19 court for the duration of detention or

20 confinement; and

21 ‘‘(III) for a period preceding the

22 sentencing (if any) of such juvenile;

23 ‘‘(14) provide assurances that consideration will

24 be given to and that assistance will be available for

25 approaches designed to strengthen the families of
393

•S 899 IS

1 delinquent and other youth to prevent juvenile delin2 quency (which approaches should include the involve3 ment of grandparents or other extended family

4 members, when possible, and appropriate and the

5 provision of family counseling during the incarcer6 ation of juvenile family members and coordination of

7 family services when appropriate and feasible);

8 ‘‘(15) provide for procedures to be established

9 for protecting the rights of recipients of services and

10 for assuring appropriate privacy with regard to

11 records relating to such services provided to any in12 dividual under the State plan;

13 ‘‘(16) provide for such fiscal control and fund

14 accounting procedures necessary to assure prudent

15 use, proper disbursement, and accurate accounting

16 of funds received under this title;

17 ‘‘(17) provide reasonable assurances that Fed18 eral funds made available under this part for any pe19 riod shall be so used as to supplement and increase

20 (but not supplant) the level of the State, local, and

21 other non-Federal funds that would in the absence

22 of such Federal funds be made available for the pro23 grams described in this part, and shall in no event

24 replace such State, local, and other non-Federal

25 funds;
394

•S 899 IS

1 ‘‘(18) provide that the State agency designated

2 under paragraph (1) will, not less often than annu3 ally, review its plan and submit to the Administrator

4 an analysis and evaluation of the effectiveness of the

5 programs and activities carried out under the plan,

6 and any modifications in the plan, including the sur7 vey of State and local needs, that the agency con8 siders necessary;

9 ‘‘(19) provide assurances that the State or each

10 unit of local government that is a recipient of

11 amounts under this part require that any person

12 convicted of a sexual act or sexual contact involving

13 any other person who has not attained the age of 18

14 years, and who is not less than 4 years younger than

15 such convicted person, be tested for the presence of

16 any sexually transmitted disease and that the results

17 of such test be provided to the victim or to the fam18 ily of the victim as well as to any court or other gov19 ernment agency with primary authority for sen20 tencing the person convicted for the commission of

21 the sexual act or sexual contact (as those terms are

22 defined in paragraphs (2) and (3), respectively, of

23 section 2246 of title 18, United States Code) involv24 ing a person not having attained the age of 18

25 years;
395

•S 899 IS

1 ‘‘(20) 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 during which

8 such juvenile is so held, an authorized rep9 resentative of such agency shall interview, in

10 person, such juvenile; and

11 ‘‘(C) not later than 48 hours during which

12 such juvenile is so held—

13 ‘‘(i) such representative shall submit

14 an assessment to the court that issued

15 such order, regarding the immediate needs

16 of such juvenile; and

17 ‘‘(ii) such court shall conduct a hear18 ing to determine—

19 ‘‘(I) whether there is reasonable

20 cause to believe that such juvenile vio21 lated such order; and

22 ‘‘(II) the appropriate placement

23 of such juvenile pending disposition of

24 the violation alleged;
396

•S 899 IS

1 ‘‘(21) specify a percentage (if any), not to ex2 ceed 5 percent, of funds received by the State under

3 section 221 that the State will reserve for expendi4 ture by the State to provide incentive grants to units

5 of local government that reduce the case load of pro6 bation officers within such units;

7 ‘‘(22) provide that the State, to the maximum

8 extent practicable, will implement a system to ensure

9 that if a juvenile is before a court in the juvenile jus10 tice system, public child welfare records (including

11 child protective services records) relating to such ju12 venile that are on file in the geographical area under

13 the jurisdiction of such court will be made known to

14 such court;

15 ‘‘(23) unless the provisions of this paragraph

16 are waived at the discretion of the Administrator for

17 any State in which the services for delinquent or

18 other youth are organized primarily on a statewide

19 basis, provide that at least 50 percent of funds re20 ceived by the State under this section, other than

21 funds made available to the State advisory group,

22 shall be expended—

23 ‘‘(A) through programs of units of general

24 local government or combinations thereof, to
397

•S 899 IS

1 the extent such programs are consistent with

2 the State plan; and

3 ‘‘(B) through programs of local private

4 agencies, to the extent such programs are con5 sistent with the State plan, except that direct

6 funding of any local private agency by a State

7 shall be permitted only if such agency requests

8 such funding after it has applied for and been

9 denied funding by any unit of general local gov10 ernment or combination thereof; and

11 ‘‘(24) to the extent that segments of the juve12 nile population are shown to be detained or confined

13 in secure detention facilities, secure correctional fa14 cilities, jails, and lockups, to a greater extent than

15 the proportion of these groups in the general juve16 nile population, address prevention efforts designed

17 to reduce such disproportionate confinement, with18 out requiring the release or the failure to detain any

19 individual.

20 ‘‘(b) APPROVAL BY STATE AGENCY.—

21 ‘‘(1) STATE AGENCY.—The State agency des22 ignated under subsection (a)(1) shall approve the

23 State plan and any modification thereof prior to

24 submission of the plan to the Administrator.

25 ‘‘(2) STATE ADVISORY GROUP.—
398

•S 899 IS

1 ‘‘(A) ESTABLISHMENT.—The State advi2 sory group referred to in subsection (a) shall be

3 known as the ‘State Advisory Group’, consisting

4 of representatives from both the private and

5 public sector, each of whom shall be appointed

6 for a term of not more than 6 years. The State

7 shall ensure that members of the State Advi8 sory Group shall have experience in the area of

9 juvenile delinquency prevention, the prosecution

10 of juvenile offenders, the treatment of juvenile

11 delinquency, the investigation of juvenile

12 crimes, or the administration of juvenile justice

13 programs, and shall include not less than 1

14 prosecutor and not less than 1 judge from a

15 court with a juvenile crime or delinquency dock16 et. The chairperson of the State Advisory

17 Group shall not be a full-time employee of the

18 Federal Government or the State government.

19 ‘‘(B) CONSULTATION.—

20 ‘‘(i) IN GENERAL.—The State shall

21 consult with the State Advisory Group es22 tablished under subparagraph (A) in devel23 oping and reviewing the State plan under

24 this section.
399

•S 899 IS

1 ‘‘(ii) AUTHORITY.—The State Advi2 sory Group shall report to the chief execu3 tive officer and the legislature of the State

4 on an annual basis regarding recommenda5 tions related to the State’s compliance

6 under this section.

7 ‘‘(C) FUNDING.—From amounts reserved

8 for administrative costs, the State may make

9 available to the State Advisory Group such

10 sums as may be necessary to assist the State

11 Advisory Group in adequately performing its

12 duties under this paragraph.

13 ‘‘(c) COMPLIANCE WITH STATUTORY REQUIRE14 MENTS.—

15 ‘‘(1) IN GENERAL.—If a State fails to comply

16 with any of the applicable requirements of para17 graph (11), (12), (13), or (24) of subsection (a) in

18 any fiscal year beginning after September 30, 1999,

19 the amount allocated to such State for the subse20 quent fiscal year shall be reduced by not to exceed

21 12.5 percent for each such paragraph with respect

22 to which the failure occurs, unless the Administrator

23 determines that the State—
400

•S 899 IS

1 ‘‘(A) has achieved substantial compliance

2 with such applicable requirements with respect

3 to which the State was not in compliance; and

4 ‘‘(B) has made, through appropriate execu5 tive or legislative action, an unequivocal com6 mitment to achieving full compliance with such

7 applicable requirements within a reasonable

8 time.

9 ‘‘(2) WAIVER.—The Administrator may, upon

10 request by a State showing good cause, waive the

11 application of this subsection with respect to such

12 State.

13 ‘‘SEC. 223. ALLOCATION OF GRANTS.

14 ‘‘(a) IN GENERAL.—Subject to subsections (b), (c),

15 and (d), the amount allocated under section 291 to carry

16 out this part in each fiscal year that remains after reserva17 tion under section 207(b) for that fiscal year shall be allo18 cated to the States as follows:

19 ‘‘(1) 0.5 percent shall be allocated to each eligi20 ble State.

21 ‘‘(2) The amount remaining after the allocation

22 under clause (i) shall be allocated proportionately

23 based on the juvenile population in the eligible

24 States.
401

•S 899 IS

1 ‘‘(b) SYSTEM SUPPORT GRANTS.—Of the amount al2 located under section 291 to carry out this part in each

3 fiscal year that remains after reservation under section

4 207(b) for that fiscal year, up to 10 percent may be avail5 able for use by the Administrator to provide—

6 ‘‘(1) training and technical assistance con7 sistent with the purposes authorized under sections

8 204, 205, and 221;

9 ‘‘(2) direct grant awards and other support to

10 develop, test, and demonstrate new approaches to

11 improving the juvenile justice system and reducing,

12 preventing, and abating delinquent behavior, juvenile

13 crime, and youth violence;

14 ‘‘(3) for research and evaluation efforts to dis15 cover and test methods and practices to improve the

16 juvenile justice system and reduce, prevent, and

17 abate delinquent behavior, juvenile crime, and youth

18 violence; and

19 ‘‘(4) information, including information on best

20 practices, consistent with purposes authorized under

21 sections 204, 205, and 221.

22 ‘‘(c) EXCEPTION.—The amount allocated to the Vir23 gin Islands of the United States, Guam, American Samoa,

24 the Trust Territory of the Pacific Islands, and the Com-
402

•S 899 IS

1 monwealth of the Northern Mariana Islands shall be not

2 less than $75,000 and not more than $100,000.

3 ‘‘(d) ADMINISTRATIVE COSTS.—A State, unit of local

4 government, or eligible unit that receives funds under this

5 part may not use more than 5 percent of those funds to

6 pay for administrative costs.

7 ‘‘PART C—NATIONAL PROGRAMS

8 ‘‘SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR

9 JUVENILE CRIME CONTROL AND DELIN10 QUENCY PREVENTION.

11 ‘‘(a) IN GENERAL.—There is established within the

12 National Institute of Justice a National Institute for Juve13 nile Crime Control and Delinquency Prevention, the pur14 pose of which shall be to provide—

15 ‘‘(1) a coordinating center for the collection,

16 preparation, and dissemination of useful data re17 garding the prevention, treatment, and control of ju18 venile delinquency;

19 ‘‘(2) through the National Institute of Justice,

20 for the rigorous and independent evaluation of the

21 delinquency and youth violence prevention programs

22 funded under this title;

23 ‘‘(3) funding for new research, through the Na24 tional Institute of Justice, on the nature, causes,
403

•S 899 IS

1 and prevention of juvenile violence and juvenile de2 linquency; and

3 ‘‘(4) appropriate training (including training

4 designed to strengthen and maintain the family

5 unit) for representatives of Federal, State, local law

6 enforcement officers, teachers and special education

7 personnel, recreation and park personnel, family

8 counselors, child welfare workers, juvenile judges

9 and judicial personnel, probation personnel, prosecu10 tors and defense attorneys, correctional personnel

11 (including volunteer lay personnel), persons associ12 ated with law-related education, youth workers, and

13 representatives of private agencies and organizations

14 with specific experience in the prevention, treatment,

15 and control of juvenile delinquency.

16 ‘‘(b) ADMINISTRATION.—The National Institute for

17 Juvenile Crime Control and Delinquency Prevention shall

18 be under the supervision and direction of the Director of

19 the National Institute of Justice (referred to in this part

20 as the ‘Director’), in consultation with the Administrator.

21 ‘‘(c) COORDINATION.—The activities of the National

22 Institute for Juvenile Crime Control and Delinquency Pre23 vention shall be coordinated with the activities of the Na24 tional Institute of Justice.

25 ‘‘(d) DUTIES OF THE INSTITUTE.—
404

•S 899 IS

1 ‘‘(1) IN GENERAL.—The Administrator shall

2 transfer appropriated amounts to the National Insti3 tute of Justice, or to other Federal agencies, for the

4 purposes of new research and evaluation projects

5 funded by the National Institute for Juvenile Crime

6 Control and Delinquency Prevention, and for evalua7 tion of discretionary programs of the Office of Juve8 nile Crime Control and Prevention.

9 ‘‘(2) REQUIREMENTS.—Each evaluation and re10 search study funded with amounts transferred under

11 paragraph (1) shall—

12 ‘‘(A) be independent in nature;

13 ‘‘(B) be awarded competitively; and

14 ‘‘(C) employ rigorous and scientifically rec15 ognized standards and methodologies, including

16 peer review by nonapplicants.

17 ‘‘(e) POWERS OF THE INSTITUTE.—In addition to the

18 other powers, express and implied, the National Institute

19 for Juvenile Crime Control and Delinquency Prevention

20 may—

21 ‘‘(1) request any Federal agency to supply such

22 statistics, data, program reports, and other material

23 as the National Institute for Juvenile Crime Control

24 and Delinquency Prevention deems necessary to

25 carry out its functions;
405

•S 899 IS

1 ‘‘(2) arrange with and reimburse the heads of

2 Federal agencies for the use of personnel or facilities

3 or equipment of such agencies;

4 ‘‘(3) confer with and avail itself of the coopera5 tion, services, records, and facilities of State, munic6 ipal, or other public or private local agencies;

7 ‘‘(4) make grants and enter into contracts with

8 public or private agencies, organizations, or individ9 uals for the partial performance of any functions of

10 the National Institute for Juvenile Crime Control

11 and Delinquency Prevention; and

12 ‘‘(5) compensate consultants and members of

13 technical advisory councils who are not in the reg14 ular full-time employ of the United States, at a rate

15 now or hereafter payable under section 5376 of title

16 5, United States Code, and while away from home,

17 or regular place of business, they may be allowed

18 travel expenses, including per diem in lieu of subsist19 ence, as authorized by section 5703 of title 5,

20 United States Code, for persons in the Government

21 service employed intermittently.

22 ‘‘(f) INFORMATION FROM FEDERAL AGENCIES.—A

23 Federal agency that receives a request from the National

24 Institute for Juvenile Crime Control and Delinquency Pre25 vention under subsection (e)(1) may cooperate with the
406

•S 899 IS

1 National Institute for Juvenile Crime Control and Delin2 quency Prevention and shall, to the maximum extent prac3 ticable, consult with and furnish information and advice

4 to the National Institute for Juvenile Crime Control and

5 Delinquency Prevention.

6 ‘‘SEC. 242. INFORMATION FUNCTION.

7 ‘‘The Administrator, acting through the National In8 stitute for Juvenile Crime Control and Delinquency Pre9 vention, as appropriate, shall—

10 ‘‘(1) on a continuing basis, review reports, data,

11 and standards relating to the juvenile justice system

12 in the United States;

13 ‘‘(2) serve as an information bank by collecting

14 systematically and synthesizing the data and knowl15 edge obtained from studies and research by public

16 and private agencies, institutions, or individuals con17 cerning all aspects of juvenile delinquency, including

18 the prevention and treatment of juvenile delin19 quency; and

20 ‘‘(3) serve as a clearinghouse and information

21 center for the preparation, publication, and dissemi22 nation of all information regarding juvenile delin23 quency, including State and local juvenile delin24 quency prevention and treatment programs (includ25 ing drug and alcohol programs and gender-specific
407

•S 899 IS

1 programs) and plans, availability of resources, train2 ing and educational programs, statistics, and other

3 pertinent data and information.

4 ‘‘SEC. 243. RESEARCH, DEMONSTRATION, AND EVALUATION

5 FUNCTIONS.

6 ‘‘(a) IN GENERAL.—The Administrator, acting

7 through the National Institute for Juvenile Crime Control

8 and Delinquency Prevention, as appropriate, may—

9 ‘‘(1) conduct, encourage, and coordinate re10 search and evaluation into any aspect of juvenile de11 linquency, particularly with regard to new programs

12 and methods that show promise of making a con13 tribution toward the prevention and treatment of ju14 venile delinquency;

15 ‘‘(2) encourage the development of demonstra16 tion projects in new, innovative techniques and

17 methods to prevent and treat juvenile delinquency;

18 ‘‘(3) establish or expand programs that, in rec19 ognition of varying degrees of the seriousness of de20 linquent behavior and the corresponding gradations

21 in the responses of the juvenile justice system in re22 sponse to that behavior, are designed to—

23 ‘‘(A) encourage courts to develop and im24 plement a continuum of post-adjudication re25 straints that bridge the gap between traditional
408

•S 899 IS

1 probation and confinement in a correctional set2 ting (including expanded use of probation, me3 diation, restitution, community service, treat4 ment, home detention, intensive supervision,

5 electronic monitoring, boot camps and similar

6 programs, and secure community-based treat7 ment facilities linked to other support services

8 such as health, mental health, education (reme9 dial and special), job training, and recreation);

10 and

11 ‘‘(B) assist in the provision by the Admin12 istrator of best practices of information and

13 technical assistance, including technology trans14 fer, to States in the design and utilization of

15 risk assessment mechanisms to aid juvenile jus16 tice personnel in determining appropriate sanc17 tions for delinquent behavior;

18 ‘‘(4) encourage the development of programs

19 that, in addition to helping youth take responsibility

20 for their behavior, through control and incarceration,

21 if necessary, provide therapeutic intervention such as

22 providing skills;

23 ‘‘(5) encourage the development and establish24 ment of programs to enhance the States’ ability to

25 identify chronic serious and violent juvenile offend-
409

•S 899 IS

1 ers who commit crimes such as rape, murder, fire2 arms offenses, gang-related crimes, violent felonies,

3 and serious drug offenses;

4 ‘‘(6) prepare, in cooperation with education in5 stitutions, with Federal, State, and local agencies,

6 and with appropriate individuals and private agen7 cies, such studies as it considers to be necessary

8 with respect to prevention of and intervention with

9 juvenile violence and delinquency and the improve10 ment of juvenile justice systems, including—

11 ‘‘(A) evaluations of programs and interven12 tions designed to prevent youth violence and ju13 venile delinquency;

14 ‘‘(B) assessments and evaluations of the

15 methodological approaches to evaluating the ef16 fectiveness of interventions and programs de17 signed to prevent youth violence and juvenile

18 delinquency;

19 ‘‘(C) studies of the extent, nature, risk,

20 and protective factors, and causes of youth vio21 lence and juvenile delinquency;

22 ‘‘(D) comparisons of youth adjudicated

23 and treated by the juvenile justice system com24 pared to juveniles waived to and adjudicated by

25 the adult criminal justice system (including in-
410

•S 899 IS

1 carcerated in adult, secure correctional facili2 ties);

3 ‘‘(E) recommendations with respect to ef4 fective and ineffective primary, secondary, and

5 tertiary prevention interventions, including for

6 which juveniles, and under what circumstances

7 (including circumstances connected with the

8 staffing of the intervention), prevention efforts

9 are effective and ineffective; and

10 ‘‘(F) assessments of risk prediction sys11 tems of juveniles used in making decisions re12 garding pretrial detention;

13 ‘‘(7) disseminate the results of such evaluations

14 and research and demonstration activities particu15 larly to persons actively working in the field of juve16 nile delinquency;

17 ‘‘(8) disseminate pertinent data and studies to

18 individuals, agencies, and organizations concerned

19 with the prevention and treatment of juvenile delin20 quency; and

21 ‘‘(9) routinely collect, analyze, compile, publish,

22 and disseminate uniform national statistics

23 concerning—

24 ‘‘(A) all aspects of juveniles as victims and

25 offenders;
411

•S 899 IS

1 ‘‘(B) the processing and treatment, in the

2 juvenile justice system, of juveniles who are sta3 tus offenders, delinquent, neglected, or abused;

4 and

5 ‘‘(C) the processing and treatment of such

6 juveniles who are treated as adults for purposes

7 of the criminal justice system.

8 ‘‘(b) PUBLIC DISCLOSURE.—The Administrator or

9 the Director, as appropriate, shall make available to the

10 public—

11 ‘‘(1) the results of research, demonstration, and

12 evaluation activities referred to in subsection (a)(8);

13 ‘‘(2) the data and studies referred to in sub14 section (a)(9); and

15 ‘‘(3) regular reports regarding each State’s ob16 jective measurements of youth violence, such as the

17 number, rate, and trend of homicides committed by

18 youths.

19 ‘‘SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNC20 TIONS.

21 ‘‘The Administrator, acting through the National In22 stitute for Crime Control and Delinquency Prevention, as

23 appropriate, may—

24 ‘‘(1) provide technical assistance and training

25 assistance to Federal, State, and local governments
412

•S 899 IS

1 and to courts, public and private agencies, institu2 tions, and individuals in the planning, establishment,

3 funding, operation, and evaluation of juvenile delin4 quency programs;

5 ‘‘(2) develop, conduct, and provide for training

6 programs for the training of professional, para7 professional, and volunteer personnel, and other per8 sons who are working with or preparing to work

9 with juveniles, juvenile offenders (including juveniles

10 who commit hate crimes), and their families;

11 ‘‘(3) develop, conduct, and provide for seminars,

12 workshops, and training programs in the latest prov13 en effective techniques and methods of preventing

14 and treating juvenile delinquency for law enforce15 ment officers, juvenile judges, prosecutors, and de16 fense attorneys, and other court personnel, probation

17 officers, correctional personnel, and other Federal,

18 State, and local government personnel who are en19 gaged in work relating to juvenile delinquency;

20 ‘‘(4) develop technical training teams to aid in

21 the development of training programs in the States

22 and to assist State and local agencies that work di23 rectly with juveniles and juvenile offenders; and
413

•S 899 IS

1 ‘‘(5) provide technical assistance and training

2 to assist States and units of general local govern3 ment.

4 ‘‘SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.

5 ‘‘(a) IN GENERAL.—The Administrator shall estab6 lish within the National Institute for Juvenile Crime Con7 trol and Delinquency Prevention a training program de8 signed to train enrollees with respect to methods and tech9 niques for the prevention and treatment of juvenile delin10 quency, including methods and techniques specifically de11 signed to prevent and reduce the incidence of hate crimes

12 committed by juveniles. In carrying out this program the

13 Administrator may make use of available State and local

14 services, equipment, personnel, facilities, and the like.

15 ‘‘(b) QUALIFICATIONS FOR ENROLLMENT.—Enroll16 ees in the training program established under this section

17 shall be drawn from law enforcement and correctional per18 sonnel (including volunteer lay personnel), teachers and

19 special education personnel, family counselors, child wel20 fare workers, juvenile judges and judicial personnel, per21 sons associated with law-related education, youth workers,

22 and representatives of private agencies and organizations

23 with specific experience in the prevention and treatment

24 of juvenile delinquency.
414

•S 899 IS

1 ‘‘SEC. 246. REPORT ON STATUS OFFENDERS.

2 ‘‘Not later than September 1, 2002, the Adminis3 trator, through the National Institute of Justice, shall—

4 ‘‘(1) conduct a study on the effect of incarcer5 ation on status offenders compared to similarly situ6 ated individuals who are not placed in secure deten7 tion in terms of the continuation of their inappro8 priate or illegal conduct, delinquency, or future

9 criminal behavior, and evaluating the safety of sta10 tus offenders placed in secure detention; and

11 ‘‘(2) submit to the Chairman and Ranking

12 Member of the Committee on the Judiciary of the

13 Senate and the Chairman and Ranking Member of

14 the Committee on Education and the Workforce of

15 the House of Representatives a report on the results

16 of the study conducted under paragraph (1).

17 ‘‘SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICA18 TIONS.

19 ‘‘(a) IN GENERAL.—Any agency, institution, or indi20 vidual seeking to receive a grant, or enter into a contract,

21 under section 243, 244, or 245 shall submit an application

22 at such time, in such manner, and containing or accom23 panied by such information as the Administrator or the

24 Director, as appropriate, may prescribe.

25 ‘‘(b) APPLICATION CONTENTS.—In accordance with

26 guidelines established by the Administrator or the Direc-
415

•S 899 IS

1 tor, as appropriate, each application for assistance under

2 section 243, 244, or 245 shall—

3 ‘‘(1) set forth a program for carrying out 1 or

4 more of the purposes set forth in section 243, 244,

5 or 245, and specifically identify each such purpose

6 such program is designed to carry out;

7 ‘‘(2) provide that such program shall be admin8 istered by or under the supervision of the applicant;

9 ‘‘(3) provide for the proper and efficient admin10 istration of such program;

11 ‘‘(4) provide for regular evaluation of such pro12 gram; and

13 ‘‘(5) provide for such fiscal control and fund ac14 counting procedures as may be necessary to ensure

15 prudent use, proper disbursement, and accurate ac16 counting of funds received under this title.

17 ‘‘(c) FACTORS FOR CONSIDERATION.—In deter18 mining whether or not to approve applications for grants

19 and for contracts under this part, the Administrator or

20 the Director, as appropriate, shall consider—

21 ‘‘(1) whether the project uses appropriate and

22 rigorous methodology, including appropriate sam23 ples, control groups, psychometrically sound meas24 urement, and appropriate data analysis techniques;
416

•S 899 IS

1 ‘‘(2) the experience of the principal and coprin2 cipal investigators in the area of youth violence and

3 juvenile delinquency;

4 ‘‘(3) the protection offered human subjects in

5 the study, including informed consent procedures;

6 and

7 ‘‘(4) the cost-effectiveness of the proposed

8 project.

9 ‘‘(d) SELECTION PROCESS.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) COMPETITIVE PROCESS.—Subject to

12 subparagraph (B), programs selected for assist13 ance through grants or contracts under section

14 243, 244, or 245 shall be selected through a

15 competitive process, which shall be established

16 by the Administrator or the Director, as appro17 priate, by rule. As part of such a process, the

18 Administrator or the Director, as appropriate,

19 shall announce in the Federal Register—

20 ‘‘(i) the availability of funds for such

21 assistance;

22 ‘‘(ii) the general criteria applicable to

23 the selection of applicants to receive such

24 assistance; and
417

•S 899 IS

1 ‘‘(iii) a description of the procedures

2 applicable to submitting and reviewing ap3 plications for such assistance.

4 ‘‘(B) WAIVER.—The competitive process

5 described in subparagraph (A) shall not be re6 quired if the Administrator or the Director, as

7 appropriate, makes a written determination

8 waiving the competitive process with respect to

9 a program to be carried out in an area with re10 spect to which the President declares under the

11 Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5121 et seq.)

13 that a major disaster or emergency exists.

14 ‘‘(2) REVIEW PROCESS.—

15 ‘‘(A) IN GENERAL.—Programs selected for

16 assistance through grants and contracts under

17 this part shall be selected after a competitive

18 process that provides potential grantees and

19 contractors with not less than 90 days to sub20 mit applications for funds. Applications for

21 funds shall be reviewed through a formal peer

22 review process by qualified scientists with ex23 pertise in the fields of criminology, juvenile de24 linquency, sociology, psychology, research meth25 odology, evaluation research, statistics, and re-
418

•S 899 IS

1 lated areas. The peer review process shall con2 form to the process used by the National Insti3 tutes of Health, the National Institute of Jus4 tice, or the National Science Foundation.

5 ‘‘(B) ESTABLISHMENT OF PROCESS.—

6 Such process shall be established by the Admin7 istrator or the Director, as appropriate, in con8 sultation with the Directors and other appro9 priate officials of the National Science Founda10 tion and the National Institute of Mental

11 Health. Before implementation of such process,

12 the Administrator or the Director, as appro13 priate, shall submit such process to such Direc14 tors, each of whom shall prepare and furnish to

15 the Chairman of the Committee on Education

16 and the Workforce of the House of Representa17 tives and the Chairman of the Committee on

18 the Judiciary of the Senate a final report con19 taining their comments on such process as pro20 posed to be established.

21 ‘‘(3) EMERGENCY EXPEDITED CONSIDER22 ATION.—In establishing the process required under

23 paragraphs (1) and (2), the Administrator or the

24 Director, as appropriate, shall provide for emergency

25 expedited consideration of a proposed program if the
419

•S 899 IS

1 Administrator or the Director, as appropriate, deter2 mines such action to be necessary in order to avoid

3 a delay that would preclude carrying out the pro4 gram.

5 ‘‘(e) EFFECT OF POPULATION.—A city shall not be

6 denied assistance under section 243, 244, or 245 solely

7 on the basis of its population.

8 ‘‘(f) NOTIFICATION PROCESS.—Notification of grants

9 and contracts made under sections 243, 244, and 245

10 (and the applications submitted for such grants and con11 tracts) shall, upon being made, be transmitted by the Ad12 ministrator or the Director, as appropriate, to the Chair13 man of the Committee on Education and the Workforce

14 of the House of Representatives and the Chairman of the

15 Committee on the Judiciary of the Senate.

16 ‘‘PART D—GANG-FREE SCHOOLS AND COMMU17 NITIES; COMMUNITY-BASED GANG INTER18 VENTION

19 ‘‘SEC. 251. DEFINITION OF JUVENILE.

20 ‘‘In this part, the term ‘juvenile’ means an individual

21 who has not attained the age of 22 years.

22 ‘‘SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.

23 ‘‘(a) IN GENERAL.—

24 ‘‘(1) The Administrator shall make grants to or

25 enter into contracts with public agencies (including
420

•S 899 IS

1 local educational agencies) and private nonprofit

2 agencies, organizations, and institutions to establish

3 and support programs and activities that involve

4 families and communities and that are designed to

5 carry out any of the following purposes:

6 ‘‘(A) To prevent and to reduce the partici7 pation of juveniles in the activities of gangs

8 that commit crimes. Such programs and activi9 ties may include—

10 ‘‘(i) individual, peer, family, and

11 group counseling, including the provision

12 of life skills training and preparation for

13 living independently, which shall include

14 cooperation with social services, welfare,

15 and health care programs;

16 ‘‘(ii) education and social services de17 signed to address the social and develop18 mental needs of juveniles that such juve19 niles would otherwise seek to have met

20 through membership in gangs;

21 ‘‘(iii) crisis intervention and coun22 seling to juveniles, who are particularly at

23 risk of gang involvement, and their fami24 lies, including assistance from social serv25 ice, welfare, health care, mental health,
421

•S 899 IS

1 and substance abuse prevention and treat2 ment agencies where necessary;

3 ‘‘(iv) the organization of neighborhood

4 and community groups to work closely with

5 parents, schools, law enforcement, and

6 other public and private agencies in the

7 community; and

8 ‘‘(v) training and assistance to adults

9 who have significant relationships with ju10 veniles who are or may become members of

11 gangs, to assist such adults in providing

12 constructive alternatives to participating in

13 the activities of gangs.

14 ‘‘(B) To develop within the juvenile adju15 dicatory and correctional systems new and inno16 vative means to address the problems of juve17 niles convicted of serious drug-related and

18 gang-related offenses.

19 ‘‘(C) To target elementary school students,

20 with the purpose of steering students away

21 from gang involvement.

22 ‘‘(D) To provide treatment to juveniles

23 who are members of such gangs, including

24 members who are accused of committing a seri-
422

•S 899 IS

1 ous crime and members who have been adju2 dicated as being delinquent.

3 ‘‘(E) To promote the involvement of juve4 niles in lawful activities in geographical areas in

5 which gangs commit crimes.

6 ‘‘(F) To promote and support, with the co7 operation of community-based organizations ex8 perienced in providing services to juveniles en9 gaged in gang-related activities and the co10 operation of local law enforcement agencies, the

11 development of policies and activities in public

12 elementary and secondary schools that will as13 sist such schools in maintaining a safe environ14 ment conducive to learning.

15 ‘‘(G) To assist juveniles who are or may

16 become members of gangs to obtain appropriate

17 educational instruction, in or outside a regular

18 school program, including the provision of coun19 seling and other services to promote and sup20 port the continued participation of such juve21 niles in such instructional programs.

22 ‘‘(H) To expand the availability of preven23 tion and treatment services relating to the ille24 gal use of controlled substances and controlled

25 substance analogues (as defined in paragraphs
423

•S 899 IS

1 (6) and (32) of section 102 of the Controlled

2 Substances Act (21 U.S.C. 802)) by juveniles,

3 provided through State and local health and so4 cial services agencies.

5 ‘‘(I) To provide services to prevent juve6 niles from coming into contact with the juvenile

7 justice system again as a result of gang-related

8 activity.

9 ‘‘(J) To provide services authorized in this

10 section at a special location in a school or hous11 ing project.

12 ‘‘(K) To support activities to inform juve13 niles of the availability of treatment and serv14 ices for which financial assistance is available

15 under this section.

16 ‘‘(2) From not more than 15 percent of the

17 total amount appropriated to carry out this part in

18 each fiscal year, the Administrator may make grants

19 to and enter into contracts with public agencies and

20 private nonprofit agencies, organizations, and

21 institutions—

22 ‘‘(A) to conduct research on issues related

23 to juvenile gangs;
424

•S 899 IS

1 ‘‘(B) to evaluate the effectiveness of pro2 grams and activities funded under paragraph

3 (1); and

4 ‘‘(C) to increase the knowledge of the pub5 lic (including public and private agencies that

6 operate or desire to operate gang prevention

7 and intervention programs) by disseminating in8 formation on research and on effective pro9 grams and activities funded under this section.

10 ‘‘(b) APPROVAL OF APPLICATIONS.—

11 ‘‘(1) IN GENERAL.—Any agency, organization,

12 or institution seeking to receive a grant, or to enter

13 into a contract, under this section shall submit an

14 application at such time, in such manner, and con15 taining such information as the Administrator may

16 prescribe.

17 ‘‘(2) APPLICATION CONTENTS.—In accordance

18 with guidelines established by the Administrator,

19 each application submitted under paragraph (1)

20 shall—

21 ‘‘(A) set forth a program or activity for

22 carrying out 1 or more of the purposes specified

23 in subsection (a) and specifically identify each

24 such purpose such program or activity is de25 signed to carry out;
425

•S 899 IS

1 ‘‘(B) provide that such program or activity

2 shall be administered by or under the super3 vision of the applicant;

4 ‘‘(C) provide for the proper and efficient

5 administration of such program or activity;

6 ‘‘(D) provide for regular evaluation of such

7 program or activity;

8 ‘‘(E) provide an assurance that the pro9 posed program or activity will supplement, not

10 supplant, similar programs and activities al11 ready available in the community;

12 ‘‘(F) describe how such program or activity

13 is coordinated with programs, activities, and

14 services available locally under part B or C of

15 this title, and under chapter 1 of subtitle B of

16 title III of the Anti-Drug Abuse Act of 1988

17 (42 U.S.C. 11801–11805);

18 ‘‘(G) certify that the applicant has re19 quested the State planning agency to review

20 and comment on such application and summa21 rize the responses of such State planning agen22 cy to such request;

23 ‘‘(H) provide that regular reports on such

24 program or activity shall be sent to the Admin25 istrator and to such State planning agency; and
426

•S 899 IS

1 ‘‘(I) provide for such fiscal control and

2 fund accounting procedures as may be nec3 essary to ensure prudent use, proper disburse4 ment, and accurate accounting of funds re5 ceived under this section.

6 ‘‘(3) PRIORITY.—In reviewing applications for

7 grants and contracts under this section, the Admin8 istrator shall give priority to applications—

9 ‘‘(A) submitted by, or substantially involv10 ing, local educational agencies (as defined in

11 section 1471 of the Elementary and Secondary

12 Education Act of 1965 (20 U.S.C. 2891));

13 ‘‘(B) based on the incidence and severity of

14 crimes committed by gangs whose membership

15 is composed primarily of juveniles in the geo16 graphical area in which the applicants propose

17 to carry out the programs and activities for

18 which such grants and contracts are requested;

19 and

20 ‘‘(C) for assistance for programs and ac21 tivities that—

22 ‘‘(i) are broadly supported by public

23 and private nonprofit agencies, organiza24 tions, and institutions located in such geo25 graphical area; and
427

•S 899 IS

1 ‘‘(ii) will substantially involve the fam2 ilies of juvenile gang members in carrying

3 out such programs or activities.

4 ‘‘SEC. 253. COMMUNITY-BASED GANG INTERVENTION.

5 ‘‘(a) IN GENERAL.—The Administrator shall make

6 grants to or enter into contracts with public and private

7 nonprofit agencies, organizations, and institutions to carry

8 out programs and activities—

9 ‘‘(1) to reduce the participation of juveniles in

10 the illegal activities of gangs;

11 ‘‘(2) to develop regional task forces involving

12 State, local, and community-based organizations to

13 coordinate the disruption of gangs and the prosecu14 tion of juvenile gang members and to curtail inter15 state activities of gangs; and

16 ‘‘(3) to facilitate coordination and cooperation

17 among—

18 ‘‘(A) local education, juvenile justice, em19 ployment, and social service agencies; and

20 ‘‘(B) community-based programs with a

21 proven record of effectively providing interven22 tion services to juvenile gang members for the

23 purpose of reducing the participation of juve24 niles in illegal gang activities; and
428

•S 899 IS

1 ‘‘(4) to support programs that, in recognition of

2 varying degrees of the seriousness of delinquent be3 havior and the corresponding gradations in the re4 sponses of the juvenile justice system in response to

5 that behavior, are designed to—

6 ‘‘(A) encourage courts to develop and im7 plement a continuum of post-adjudication re8 straints that bridge the gap between traditional

9 probation and confinement in a correctional set10 ting (including expanded use of probation, me11 diation, restitution, community service, treat12 ment, home detention, intensive supervision,

13 electronic monitoring, boot camps and similar

14 programs, and secure community-based treat15 ment facilities linked to other support services

16 such as health, mental health, education (reme17 dial and special), job training, and recreation);

18 and

19 ‘‘(B) assist in the provision by the Admin20 istrator of information and technical assistance,

21 including technology transfer, to States in the

22 design and utilization of risk assessment mech23 anisms to aid juvenile justice personnel in de24 termining appropriate sanctions for delinquent

25 behavior.
429

•S 899 IS

1 ‘‘(b) ELIGIBLE PROGRAMS AND ACTIVITIES.—Pro2 grams and activities for which grants and contracts are

3 to be made under this section may include—

4 ‘‘(1) the hiring of additional State and local

5 prosecutors, and the establishment and operation of

6 programs, including multijurisdictional task forces,

7 for the disruption of gangs and the prosecution of

8 gang members;

9 ‘‘(2) developing within the juvenile adjudicatory

10 and correctional systems new and innovative means

11 to address the problems of juveniles convicted of se12 rious drug-related and gang-related offenses;

13 ‘‘(3) providing treatment to juveniles who are

14 members of such gangs, including members who are

15 accused of committing a serious crime and members

16 who have been adjudicated as being delinquent;

17 ‘‘(4) promoting the involvement of juveniles in

18 lawful activities in geographical areas in which

19 gangs commit crimes;

20 ‘‘(5) expanding the availability of prevention

21 and treatment services relating to the illegal use of

22 controlled substances and controlled substances ana23 logues (as defined in paragraphs (6) and (32) of sec24 tion 102 of the Controlled Substances Act (21
430

•S 899 IS

1 U.S.C. 802)), by juveniles, provided through State

2 and local health and social services agencies;

3 ‘‘(6) providing services to prevent juveniles

4 from coming into contact with the juvenile justice

5 system again as a result of gang-related activity; or

6 ‘‘(7) supporting activities to inform juveniles of

7 the availability of treatment and services for which

8 financial assistance is available under this section.

9 ‘‘(c) APPROVAL OF APPLICATIONS.—

10 ‘‘(1) IN GENERAL.—Any agency, organization,

11 or institution desiring to receive a grant, or to enter

12 into a contract, under this section shall submit an

13 application at such time, in such manner, and con14 taining such information as the Administrator may

15 prescribe.

16 ‘‘(2) APPLICATION CONTENTS.—In accordance

17 with guidelines established by the Administrator,

18 each application submitted under paragraph (1)

19 shall—

20 ‘‘(A) set forth a program or activity for

21 carrying out 1 or more of the purposes specified

22 in subsection (a) and specifically identify each

23 such purpose such program or activity is de24 signed to carry out;
431

•S 899 IS

1 ‘‘(B) provide that such program or activity

2 shall be administered by or under the super3 vision of the applicant;

4 ‘‘(C) provide for the proper and efficient

5 administration of such program or activity;

6 ‘‘(D) provide for regular evaluation of such

7 program or activity;

8 ‘‘(E) provide an assurance that the pro9 posed program or activity will supplement, not

10 supplant, similar programs and activities al11 ready available in the community;

12 ‘‘(F) describe how such program or activity

13 is coordinated with programs, activities, and

14 services available locally under part B of this

15 title and under chapter 1 of subtitle B of title

16 III of the Anti-Drug Abuse Act of 1988 (42

17 U.S.C. 11801–11805);

18 ‘‘(G) certify that the applicant has re19 quested the State planning agency to review

20 and comment on such application and summa21 rize the responses of such State planning agen22 cy to such request;

23 ‘‘(H) provide that regular reports on such

24 program or activity shall be sent to the Admin25 istrator and to such State planning agency; and
432

•S 899 IS

1 ‘‘(I) provide for such fiscal control and

2 fund accounting procedures as may be nec3 essary to ensure prudent use, proper disburse4 ment, and accurate accounting of funds re5 ceived under this section.

6 ‘‘(3) PRIORITY.—In reviewing applications for

7 grants and contracts under subsection (a), the Ad8 ministrator shall give priority to applications—

9 ‘‘(A) submitted by, or substantially involv10 ing, community-based organizations experienced

11 in providing services to juveniles;

12 ‘‘(B) based on the incidence and severity of

13 crimes committed by gangs whose membership

14 is composed primarily of juveniles in the geo15 graphical area in which the applicants propose

16 to carry out the programs and activities for

17 which such grants and contracts are requested;

18 and

19 ‘‘(C) for assistance for programs and ac20 tivities that—

21 ‘‘(i) are broadly supported by public

22 and private nonprofit agencies, organiza23 tions, and institutions located in such geo24 graphical area; and
433

•S 899 IS

1 ‘‘(ii) will substantially involve the fam2 ilies of juvenile gang members in carrying

3 out such programs or activities.

4 ‘‘SEC. 254. PRIORITY.

5 ‘‘In making grants under this part, the Administrator

6 shall give priority to funding programs and activities de7 scribed in subsections (a)(2) and (b)(1) of section 253.

8 ‘‘PART E—DEVELOPING, TESTING, AND DEM9 ONSTRATING PROMISING NEW INITIATIVES

10 AND PROGRAMS

11 ‘‘SEC. 261. GRANTS AND PROJECTS.

12 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis13 trator may make grants to, and enter into contracts with,

14 States, units of local government, Indian tribal govern15 ments, public and private agencies, organizations, and in16 dividuals, or combinations thereof, to carry out projects

17 for the development, testing, and demonstration of prom18 ising initiatives and programs for the prevention, control,

19 or reduction of juvenile delinquency. The Administrator

20 shall ensure that, to the extent reasonable and practicable,

21 such grants are made to achieve an equitable geographical

22 distribution of such projects throughout the United

23 States.
434

•S 899 IS

1 ‘‘(b) USE OF GRANTS.—A grant made under sub2 section (a) may be used to pay all or part of the cost of

3 the project for which such grant is made.

4 ‘‘SEC. 262. GRANTS FOR TRAINING AND TECHNICAL ASSIST5 ANCE.

6 ‘‘The Administrator may make grants to, and enter

7 into contracts with, public and private agencies, organiza8 tions, and individuals to provide training and technical as9 sistance to States, units of local government, Indian tribal

10 governments, local private entities or agencies, or any

11 combination thereof, to carry out the projects for which

12 grants are made under section 261.

13 ‘‘SEC. 263. ELIGIBILITY.

14 ‘‘To be eligible to receive assistance pursuant to a

15 grant or contract under this part, a public or private agen16 cy, Indian tribal government, organization, institution, in17 dividual, or combination thereof, shall submit an applica18 tion to the Administrator at such time, in such form, and

19 containing such information as the Administrator may

20 reasonably require by rule.

21 ‘‘SEC. 264. REPORTS.

22 ‘‘Each recipient of assistance pursuant to a grant or

23 contract under this part shall submit to the Administrator

24 such reports as may be reasonably requested by the Ad-
435

•S 899 IS

1 ministrator to describe progress achieved in carrying the

2 projects for which the assistance was provided.

3 ‘‘PART F—MENTORING

4 ‘‘SEC. 271. MENTORING.

5 ‘‘The purposes of this part are to, through the use

6 of mentors for at-risk youth—

7 ‘‘(1) reduce juvenile delinquency and gang par8 ticipation;

9 ‘‘(2) improve academic performance; and

10 ‘‘(3) reduce the dropout rate.

11 ‘‘SEC. 272. DEFINITIONS.

12 ‘‘In this part—

13 ‘‘(1) the term ‘at-risk youth’ means a youth at

14 risk of educational failure, dropping out of school, or

15 involvement in criminal or delinquent activities; and

16 ‘‘(2) the term ‘mentor’ means a person who

17 works with an at-risk youth on a one-to-one basis,

18 providing a positive role model for the youth, estab19 lishing a supportive relationship with the youth, and

20 providing the youth with academic assistance and

21 exposure to new experiences and examples of oppor22 tunity that enhance the ability of the youth to be23 come a responsible adult.
436

•S 899 IS

1 ‘‘SEC. 273. GRANTS.

2 ‘‘The Administrator shall, by making grants to and

3 entering into contracts with local educational agencies

4 (each of which agency shall be in partnership with a public

5 or private agency, institution, or business), establish and

6 support programs and activities for the purpose of imple7 menting mentoring programs that—

8 ‘‘(1) are designed to link at-risk children, par9 ticularly children living in high crime areas and chil10 dren experiencing educational failure, with respon11 sible adults such as law enforcement officers, per12 sons working with local businesses, and adults work13 ing for community-based organizations and agencies;

14 and

15 ‘‘(2) are intended to achieve 1 or more of the

16 following goals:

17 ‘‘(A) Provide general guidance to at-risk

18 youth.

19 ‘‘(B) Promote personal and social responsi20 bility among at-risk youth.

21 ‘‘(C) Increase at-risk youth’s participation

22 in and enhance their ability to benefit from ele23 mentary and secondary education.

24 ‘‘(D) Discourage at-risk youth’s use of ille25 gal drugs, violence, and dangerous weapons,

26 and other criminal activity.
437

•S 899 IS

1 ‘‘(E) Discourage involvement of at-risk

2 youth in gangs.

3 ‘‘(F) Encourage at-risk youth’s participa4 tion in community service and community ac5 tivities.

6 ‘‘SEC. 274. REGULATIONS AND GUIDELINES.

7 ‘‘(a) PROGRAM GUIDELINES.—The Administrator

8 shall issue program guidelines to implement this part. The

9 program guidelines shall be effective only after a period

10 for public notice and comment.

11 ‘‘(b) MODEL SCREENING GUIDELINES.—The Admin12 istrator shall develop and distribute to program partici13 pants specific model guidelines for the screening of pro14 spective program mentors.

15 ‘‘SEC. 275. USE OF GRANTS.

16 ‘‘(a) PERMITTED USES.—Grants awarded under this

17 part shall be used to implement mentoring programs,

18 including—

19 ‘‘(1) hiring of mentoring coordinators and sup20 port staff;

21 ‘‘(2) recruitment, screening, and training of

22 adult mentors;

23 ‘‘(3) reimbursement of mentors for reasonable

24 incidental expenditures such as transportation that

25 are directly associated with mentoring; and
438

•S 899 IS

1 ‘‘(4) such other purposes as the Administrator

2 may reasonably prescribe by regulation.

3 ‘‘(b) PROHIBITED USES.—Grants awarded pursuant

4 to this part shall not be used—

5 ‘‘(1) to directly compensate mentors, except as

6 provided pursuant to subsection (a)(3);

7 ‘‘(2) to obtain educational or other materials or

8 equipment that would otherwise be used in the ordi9 nary course of the grantee’s operations;

10 ‘‘(3) to support litigation of any kind; or

11 ‘‘(4) for any other purpose reasonably prohib12 ited by the Administrator by regulation.

13 ‘‘SEC. 276. PRIORITY.

14 ‘‘(a) IN GENERAL.—In making grants under this

15 part, the Administrator shall give priority for awarding

16 grants to applicants that—

17 ‘‘(1) serve at-risk youth in high crime areas;

18 ‘‘(2) have 60 percent or more of their youth eli19 gible to receive funds under the Elementary and

20 Secondary Education Act of 1965; and

21 ‘‘(3) have a considerable number of youth who

22 drop out of school each year.

23 ‘‘(b) OTHER CONSIDERATIONS.—In making grants

24 under this part, the Administrator shall give consideration

25 to—
439

•S 899 IS

1 ‘‘(1) the geographic distribution (urban and

2 rural) of applications;

3 ‘‘(2) the quality of a mentoring plan,

4 including—

5 ‘‘(A) the resources, if any, that will be

6 dedicated to providing participating youth with

7 opportunities for job training or postsecondary

8 education; and

9 ‘‘(B) the degree to which parents, teachers,

10 community-based organizations, and the local

11 community participate in the design and imple12 mentation of the mentoring plan; and

13 ‘‘(3) the capability of the applicant to effectively

14 implement the mentoring plan.

15 ‘‘SEC. 277. APPLICATIONS.

16 ‘‘An application for assistance under this part shall

17 include—

18 ‘‘(1) information on the youth expected to be

19 served by the program;

20 ‘‘(2) a provision for a mechanism for matching

21 youth with mentors based on the needs of the youth;

22 ‘‘(3) an assurance that no mentor will be as23 signed to more than 1 youth, so as to ensure a one24 to-one relationship;
440

•S 899 IS

1 ‘‘(4) an assurance that projects operated in sec2 ondary schools will provide youth with a variety of

3 experiences and support, including—

4 ‘‘(A) an opportunity to spend time in a

5 work environment and, when possible, partici6 pate in the work environment;

7 ‘‘(B) an opportunity to witness the job

8 skills that will be required for youth to obtain

9 employment upon graduation;

10 ‘‘(C) assistance with homework assign11 ments; and

12 ‘‘(D) exposure to experiences that youth

13 might not otherwise encounter;

14 ‘‘(5) an assurance that projects operated in ele15 mentary schools will provide youth with—

16 ‘‘(A) academic assistance;

17 ‘‘(B) exposure to new experiences and ac18 tivities that youth might not encounter on their

19 own; and

20 ‘‘(C) emotional support;

21 ‘‘(6) an assurance that projects will be mon22 itored to ensure that each youth benefits from a

23 mentor relationship, with provision for a new mentor

24 assignment if the relationship is not beneficial to the

25 youth;
441

•S 899 IS

1 ‘‘(7) the method by which mentors and youth

2 will be recruited to the project;

3 ‘‘(8) the method by which prospective mentors

4 will be screened; and

5 ‘‘(9) the training that will be provided to men6 tors.

7 ‘‘SEC. 278. GRANT CYCLES.

8 ‘‘Each grant under this part shall be made for a 3-

9 year period.

10 ‘‘SEC. 279. FAMILY MENTORING PROGRAM.

11 ‘‘(a) DEFINITIONS.—In this section—

12 ‘‘(1) the term ‘cooperative extension services’

13 has the meaning given that term in section 1404 of

14 the National Agricultural Research, Extension, and

15 Teaching Policy Act of 1977 (7 U.S.C. 3103);

16 ‘‘(2) the term ‘family mentoring program’

17 means a mentoring program that—

18 ‘‘(A) utilizes a 2-tier mentoring approach

19 that uses college age or young adult mentors

20 working directly with at-risk youth and uses re21 tirement-age couples working with the parents

22 and siblings of at-risk youth; and

23 ‘‘(B) has a local advisory board to provide

24 direction and advice to program administrators;

25 and
442

•S 899 IS

1 ‘‘(3) the term ‘qualified cooperative extension

2 service’ means a cooperative extension service that

3 has established a family mentoring program, as of

4 the date of enactment of the Violent and Repeat Ju5 venile Offender Accountability and Rehabilitation

6 Act of 1999.

7 ‘‘(b) MODEL PROGRAM.—The Administrator, in co8 operation with the Secretary of Agriculture, shall make

9 a grant to a qualified cooperative extension service for the

10 purpose of expanding and replicating family mentoring

11 programs to reduce the incidence of juvenile crime and

12 delinquency among at-risk youth.

13 ‘‘(c) ESTABLISHMENT OF NEW FAMILY MENTORING

14 PROGRAMS.—

15 ‘‘(1) IN GENERAL.—The Administrator, in co16 operation with the Secretary of Agriculture, may

17 make 1 or more grants to cooperative extension serv18 ices for the purpose of establishing family mentoring

19 programs to reduce the incidence of juvenile crime

20 and delinquency among at-risk youth.

21 ‘‘(2) MATCHING REQUIREMENT AND SOURCE OF

22 MATCHING FUNDS.—

23 ‘‘(A) IN GENERAL.—The amount of a

24 grant under this subsection may not exceed 35
443

•S 899 IS

1 percent of the total costs of the program funded

2 by the grant.

3 ‘‘(B) SOURCE OF MATCH.—Matching funds

4 for grants under this subsection may be derived

5 from amounts made available to a State under

6 subsections (b) and (c) of section 3 of the

7 Smith-Lever Act (7 U.S.C. 343), except that

8 the total amount derived from Federal sources

9 may not exceed 70 percent of the total cost of

10 the program funded by the grant.

11 ‘‘PART G—ADMINISTRATIVE PROVISIONS

12 ‘‘SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘(a) IN GENERAL.—There is authorized to be appro14 priated to carry out this title, and to carry out part R

15 of title I of the Omnibus Crime Control and Safe Streets

16 Act of 1968 (42 U.S.C. 3796 et seq.), $1,000,000,000 for

17 each of fiscal years 2000 through 2005.

18 ‘‘(b) ALLOCATION OF APPROPRIATIONS.—Of the

19 amount made available under subsection (a) for each fiscal

20 year—

21 ‘‘(1) $450,000,000 shall be for programs under

22 section 1801 of part R of title I of the Omnibus

23 Crime Control and Safe Streets Act of 1968 (42

24 U.S.C. 3796 et seq.);
444

•S 899 IS

1 ‘‘(2) $75,000,000 shall be for grants for juve2 nile criminal history records upgrades pursuant to

3 section 1802 of part R of title I of the Omnibus

4 Crime Control and Safe Streets Act of 1968 (42

5 U.S.C. 3796 et seq.);

6 ‘‘(3) $200,000,000 shall be for programs under

7 section 205 of part A of this title;

8 ‘‘(4) $200,000,000 shall be for programs under

9 part B of this title;

10 ‘‘(5) $40,000,000 shall be for prevention pro11 grams under part C of this title, of which

12 $20,000,000 shall be for evaluation research of pri13 mary, secondary, and tertiary juvenile delinquency

14 programs;

15 ‘‘(6) $20,000,000 shall be for programs under

16 parts D and E of this title; and

17 ‘‘(7) $15,000,000 shall be for programs under

18 part F of this title, of which $3,000,000 shall be for

19 programs under section 279.

20 ‘‘(c) SOURCE OF SUMS.—Amounts authorized to be

21 appropriated pursuant to this section may be derived from

22 the Violent Crime Reduction Trust Fund.

23 ‘‘(d) ADMINISTRATION AND OPERATIONS.—There is

24 authorized to be appropriated for the administration and

25 operation of the Office of Juvenile Crime Control and Pre-
445

•S 899 IS

1 vention such sums as may be necessary for each of fiscal

2 years 2000 through 2005.

3 ‘‘(e) AVAILABILITY OF FUNDS.—Amounts made

4 available pursuant to this section and allocated in accord5 ance with this title in any fiscal year shall remain available

6 until expended.

7 ‘‘SEC. 292. RELIGIOUS NONDISCRIMINATION; RESTRIC8 TIONS ON USE OF AMOUNTS; PENALTIES.

9 ‘‘(a) RELIGIOUS NONDISCRIMINATION.—The provi10 sions of section 104 of the Personal Responsibility and

11 Work Opportunity Reconciliation Act of 1996 (42 U.S.C.

12 604a) shall apply to a State or local government exercising

13 its authority to distribute grants to applicants under this

14 title.

15 ‘‘(b) RESTRICTIONS ON THE USE OF AMOUNTS.—

16 ‘‘(1) EXPERIMENTATION ON INDIVIDUALS.—

17 ‘‘(A) IN GENERAL.—No amounts made

18 available to carry out this title may be used for

19 any biomedical or behavior control experimen20 tation on individuals or any research involving

21 such experimentation.

22 ‘‘(B) DEFINITION OF BEHAVIOR CON23 TROL.—In this paragraph, the term ‘behavior

24 control’—
446

•S 899 IS

1 ‘‘(i) means any experimentation or re2 search employing methods that—

3 ‘‘(I) involve a substantial risk of

4 physical or psychological harm to the

5 individual subject; and

6 ‘‘(II) are intended to modify or

7 alter criminal and other antisocial be8 havior, including aversive conditioning

9 therapy, drug therapy, chemotherapy

10 (except as part of routine clinical

11 care), physical therapy of mental dis12 orders, electroconvulsive therapy, or

13 physical punishment; and

14 ‘‘(ii) does not include a limited class

15 of programs generally recognized as involv16 ing no such risk, including methadone

17 maintenance and certain substance abuse

18 treatment programs, psychological coun19 seling, parent training, behavior con20 tracting, survival skills training, restitu21 tion, or community service, if safeguards

22 are established for the informed consent of

23 subjects (including parents or guardians of

24 minors).
447

•S 899 IS

1 ‘‘(2) PROHIBITION AGAINST PRIVATE AGENCY

2 USE OF AMOUNTS IN CONSTRUCTION.—

3 ‘‘(A) IN GENERAL.—No amount made

4 available to any private agency or institution, or

5 to any individual, under this title (either di6 rectly or through a State office) may be used

7 for construction.

8 ‘‘(B) EXCEPTION.—The restriction in

9 clause (i) shall not apply to any juvenile pro10 gram in which training or experience in con11 struction or renovation is used as a method of

12 juvenile accountability or rehabilitation.

13 ‘‘(3) LOBBYING.—

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

15 subparagraph (B), no amount made available

16 under this title to any public or private agency,

17 organization or institution, or to any individual

18 shall be used to pay for any personal service,

19 advertisement, telegram, telephone communica20 tion, letter, printed or written matter, or other

21 device intended or designed to influence a Mem22 ber of Congress or any other Federal, State, or

23 local elected official to favor or oppose any Act,

24 bill, resolution, or other legislation, or any ref25 erendum, initiative, constitutional amendment,
448

•S 899 IS

1 or any other procedure of Congress, any State

2 legislature, any local council, or any similar

3 governing body.

4 ‘‘(B) EXCEPTION.—This paragraph does

5 not preclude the use of amounts made available

6 under this title in connection with communica7 tions to Federal, State, or local elected officials,

8 upon the request of such officials through prop9 er official channels, pertaining to authorization,

10 appropriation, or oversight measures directly af11 fecting the operation of the program involved.

12 ‘‘(4) LEGAL ACTION.—No amounts made avail13 able under this title to any public or private agency,

14 organization, institution, or to any individual, shall

15 be used in any way directly or indirectly to file an

16 action or otherwise take any legal action against any

17 Federal, State, or local agency, institution, or em18 ployee.

19 ‘‘(c) PENALTIES.—

20 ‘‘(1) IN GENERAL.—If any amounts are used

21 for the purposes prohibited in either paragraph (3)

22 or (4) of subsection (b), or in violation of subsection

23 (a)—
449

•S 899 IS

1 ‘‘(A) funding for the agency, organization,

2 institution, or individual at issue shall be imme3 diately discontinued in whole or in part; and

4 ‘‘(B) the agency, organization, institution,

5 or individual using amounts for the purpose

6 prohibited in paragraph (3) or (4) of subsection

7 (b), or in violation of subsection (a), shall be

8 liable for reimbursement of all amounts granted

9 to the individual or entity for the fiscal year for

10 which the amounts were granted.

11 ‘‘(2) LIABILITY FOR EXPENSES AND DAM12 AGES.—In relation to a violation of subsection

13 (b)(4), the individual filing the lawsuit or responsible

14 for taking the legal action against the Federal,

15 State, or local agency or institution, or individual

16 working for the Government, shall be individually

17 liable for all legal expenses and any other expenses

18 of the Government agency, institution, or individual

19 working for the Government, including damages as20 sessed by the jury against the Government agency,

21 institution, or individual working for the Govern22 ment, and any punitive damages.
450

•S 899 IS

1 ‘‘SEC. 293. ADMINISTRATIVE PROVISIONS.

2 ‘‘(a) AUTHORITY OF ADMINISTRATOR.—The Office

3 shall be administered by the Administrator under the gen4 eral authority of the Attorney General.

5 ‘‘(b) APPLICABILITY OF CERTAIN CRIME CONTROL

6 PROVISIONS.—Sections 809(c), 811(a), 811(b), 811(c),

7 812(a), 812(b), and 812(d) of the Omnibus Crime Control

8 and Safe Streets Act of 1968 (42 U.S.C. 3789d(c),

9 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b),

10 3789g(d)) shall apply with respect to the administration

11 of and compliance with this title, except that for purposes

12 of this Act—

13 ‘‘(1) any reference to the Office of Justice Pro14 grams in such sections shall be considered to be a

15 reference to the Assistant Attorney General who

16 heads the Office of Justice Programs; and

17 ‘‘(2) the term ‘this title’ as it appears in such

18 sections shall be considered to be a reference to this

19 title.

20 ‘‘(c) APPLICABILITY OF CERTAIN OTHER CRIME

21 CONTROL PROVISIONS.—Sections 801(a), 801(c), and 806

22 of the Omnibus Crime Control and Safe Streets Act of

23 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply

24 with respect to the administration of and compliance with

25 this title, except that, for purposes of this title—
451

•S 899 IS

1 ‘‘(1) any reference to the Attorney General, the

2 Assistant Attorney General who heads the Office of

3 Justice Programs, the Director of the National In4 stitute of Justice, the Director of the Bureau of Jus5 tice Statistics, or the Director of the Bureau of Jus6 tice Assistance shall be considered to be a reference

7 to the Administrator;

8 ‘‘(2) any reference to the Office of Justice Pro9 grams, the Bureau of Justice Assistance, the Na10 tional Institute of Justice, or the Bureau of Justice

11 Statistics shall be considered to be a reference to the

12 Office of Juvenile Crime Control and Prevention;

13 and

14 ‘‘(3) the term ‘this title’ as it appears in those

15 sections shall be considered to be a reference to this

16 title.

17 ‘‘(d) RULES, REGULATIONS, AND PROCEDURES.—

18 The Administrator may, after appropriate consultation

19 with representatives of States and units of local govern20 ment, and an opportunity for notice and comment in ac21 cordance with subchapter II of chapter 5 of title 5, United

22 States Code, establish such rules, regulations, and proce23 dures as are necessary for the exercise of the functions

24 of the Office and as are consistent with the purpose of

25 this Act.
452

•S 899 IS

1 ‘‘(e) WITHHOLDING.—The Administrator shall ini2 tiate such proceedings as the Administrator determines to

3 be appropriate if the Administrator, after giving reason4 able notice and opportunity for hearing to a recipient of

5 financial assistance under this title, finds that—

6 ‘‘(1) the program or activity for which the

7 grant or contract involved was made has been so

8 changed that the program or activity no longer com9 plies with this title; or

10 ‘‘(2) in the operation of such program or activ11 ity there is failure to comply substantially with any

12 provision of this title.’’.

13 (b) REPEAL.—Title V of the Juvenile Justice and De14 linquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.)

15 is repealed.

16 SEC. 4203. RUNAWAY AND HOMELESS YOUTH.

17 (a) FINDINGS.—Section 302 of the Runaway and

18 Homeless Youth Act (42 U.S.C. 5701) is amended—

19 (1) in paragraph (5), by striking ‘‘accurate re20 porting of the problem nationally and to develop’’

21 and inserting ‘‘an accurate national reporting system

22 to report the problem, and to assist in the develop23 ment of’’; and

24 (2) by striking paragraph (8) and inserting the

25 following:
453

•S 899 IS

1 ‘‘(8) services for runaway and homeless youth

2 are needed in urban, suburban and rural areas;’’.

3 (b) AUTHORITY TO MAKE GRANTS FOR CENTERS

4 AND SERVICES.—Section 311 of the Runaway and Home5 less Youth Act (42 U.S.C. 5711) is amended—

6 (1) by striking subsection (a) and inserting the

7 following:

8 ‘‘(a) GRANTS FOR CENTERS AND SERVICES.—

9 ‘‘(1) IN GENERAL.—The Secretary shall make

10 grants to public and nonprofit private entities (and

11 combinations of such entities) to establish and oper12 ate (including renovation) local centers to provide

13 services for runaway and homeless youth and for the

14 families of such youth.

15 ‘‘(2) Such services—

16 ‘‘(A) shall be provided as an alternative to

17 involving runaway and homeless youth in the

18 law enforcement, child welfare, mental health,

19 and juvenile justice systems;

20 ‘‘(B) shall include—

21 ‘‘(i) safe and appropriate shelter; and

22 ‘‘(ii) individual, family, and group

23 counseling, as appropriate; and

24 ‘‘(C) may include—

25 ‘‘(i) street-based services;
454

•S 899 IS

1 ‘‘(ii) home-based services for families

2 with youth at risk of separation from the

3 family; and

4 ‘‘(iii) drug abuse education and pre5 vention services.’’;

6 (2) in subsection (b)(2), by striking ‘‘the Trust

7 Territory of the Pacific Islands,’’; and

8 (3) by striking subsections (c) and (d).

9 (c) ELIGIBILITY.—Section 312 of the Runaway and

10 Homeless Youth Act (42 U.S.C. 5712) is amended—

11 (1) in subsection (b)—

12 (A) in paragraph (7), by striking ‘‘criminal

13 charges against’’ and inserting ‘‘criminal or de14 linquency charges against or the coordinated

15 delivery of services to’’;

16 (B) in paragraph (8), by striking ‘‘para17 graph (6)’’ and inserting ‘‘paragraph (7)’’;

18 (C) in paragraph (10), by striking ‘‘and’’

19 at the end;

20 (D) in paragraph (11), by striking the pe21 riod at the end and inserting ‘‘; and’’; and

22 (E) by adding at the end the following:

23 ‘‘(12) shall submit to the Secretary an annual

24 report that includes, with respect to the year for

25 which the report is submitted—
455

•S 899 IS

1 ‘‘(A) information regarding the activities

2 carried out under this part;

3 ‘‘(B) the achievements of the project under

4 this part carried out by the applicant; and

5 ‘‘(C) statistical summaries describing—

6 ‘‘(i) the number and the characteris7 tics of the runaway and homeless youth,

8 and youth at risk of family separation, who

9 participate in the project; and

10 ‘‘(ii) the services provided to such

11 youth by the project.’’; and

12 (2) by striking subsections (c) and (d) and in13 serting the following:

14 ‘‘(c) APPLICANTS PROVIDING STREET-BASED SERV15 ICES.—To be eligible to use assistance under section

16 311(a)(2)(C)(i) to provide street-based services, the appli17 cant shall include in the plan required by subsection (b)

18 assurances that in providing such services the applicant

19 will—

20 ‘‘(1) provide qualified supervision of staff, in21 cluding on-street supervision by appropriately

22 trained staff;

23 ‘‘(2) provide backup personnel for on-street

24 staff;
456

•S 899 IS

1 ‘‘(3) provide initial and periodic training of

2 staff who provide such services; and

3 ‘‘(4) conduct outreach activities for runaway

4 and homeless youth, and street youth.

5 ‘‘(d) APPLICANTS PROVIDING HOME-BASED SERV6 ICES.—To be eligible to use assistance under section

7 311(a) to provide home-based services described in section

8 311(a)(2)(C)(ii), an applicant shall include in the plan re9 quired by subsection (b) assurances that in providing such

10 services the applicant will—

11 ‘‘(1) provide counseling and information to

12 youth and the families (including unrelated individ13 uals in the family households) of such youth, includ14 ing services relating to basic life skills, interpersonal

15 skill building, educational advancement, job attain16 ment skills, mental and physical health care, par17 enting skills, financial planning, and referral to

18 sources of other needed services;

19 ‘‘(2) provide directly, or through an arrange20 ment made by the applicant, 24-hour service to re21 spond to family crises (including immediate access to

22 temporary shelter for runaway and homeless youth,

23 and youth at risk of separation from the family);

24 ‘‘(3) establish, in partnership with the families

25 of runaway and homeless youth, and youth at risk
457

•S 899 IS

1 of separation from the family, objectives and meas2 ures of success to be achieved as a result of receiv3 ing home-based services;

4 ‘‘(4) provide initial and periodic training of

5 staff who provide home-based services; and

6 ‘‘(5) ensure that—

7 ‘‘(A) caseloads will remain sufficiently low

8 to allow for intensive (5 to 20 hours per week)

9 involvement with each family receiving such

10 services; and

11 ‘‘(B) staff providing such services will re12 ceive qualified supervision.

13 ‘‘(e) APPLICANTS PROVIDING DRUG ABUSE EDU14 CATION AND PREVENTION SERVICES.—To be eligible to

15 use assistance under section 311(a)(2)(C)(iii) to provide

16 drug abuse education and prevention services, an appli17 cant shall include in the plan required by subsection (b)—

18 ‘‘(1) a description of—

19 ‘‘(A) the types of such services that the ap20 plicant proposes to provide;

21 ‘‘(B) the objectives of such services; and

22 ‘‘(C) the types of information and training

23 to be provided to individuals providing such

24 services to runaway and homeless youth; and
458

•S 899 IS

1 ‘‘(2) an assurance that in providing such serv2 ices the applicant shall conduct outreach activities

3 for runaway and homeless youth.’’.

4 (d) APPROVAL OF APPLICATIONS.—Section 313 of

5 the Runaway and Homeless Youth Act (42 U.S.C. 5713)

6 is amended to read as follows:

7 ‘‘SEC. 313. APPROVAL OF APPLICATIONS.

8 ‘‘(a) IN GENERAL.—An application by a public or

9 private entity for a grant under section 311(a) may be

10 approved by the Secretary after taking into consideration,

11 with respect to the State in which such entity proposes

12 to provide services under this part—

13 ‘‘(1) the geographical distribution in such State

14 of the proposed services under this part for which all

15 grant applicants request approval; and

16 ‘‘(2) which areas of such State have the great17 est need for such services.

18 ‘‘(b) PRIORITY.—In selecting applications for grants

19 under section 311(a), the Secretary shall give priority to—

20 ‘‘(1) eligible applicants who have demonstrated

21 experience in providing services to runaway and

22 homeless youth; and

23 ‘‘(2) eligible applicants that request grants of

24 less than $200,000.’’.
459

•S 899 IS

1 (e) AUTHORITY FOR TRANSITIONAL LIVING GRANT

2 PROGRAM.—Section 321 of the Runaway and Homeless

3 Youth Act (42 U.S.C. 5714–1) is amended—

4 (1) in the section heading, by striking ‘‘PUR5 POSE AND’’;

6 (2) in subsection (a), by striking ‘‘(a)’’; and

7 (3) by striking subsection (b).

8 (f) ELIGIBILITY.—Section 322(a)(9) of the Runaway

9 and Homeless Youth Act (42 U.S.C. 5714–2(a)(9)) is

10 amended by inserting ‘‘, and the services provided to such

11 youth by such project,’’ after ‘‘such project’’.

12 (g) COORDINATION.—Section 341 of the Runaway

13 and Homeless Youth Act (42 U.S.C. 5714–21) is amended

14 to read as follows:

15 ‘‘SEC. 341. COORDINATION.

16 ‘‘With respect to matters relating to the health, edu17 cation, employment, and housing of runaway and homeless

18 youth, the Secretary—

19 ‘‘(1) through the Administrator of the Office of

20 Juvenile Crime Control and Prevention, shall coordi21 nate the activities of agencies of the Department of

22 Health and Human Services with activities under

23 any other Federal juvenile crime control, prevention,

24 and juvenile offender accountability program and

25 with the activities of other Federal entities; and
460

•S 899 IS

1 ‘‘(2) shall coordinate the activities of agencies

2 of the Department of Health and Human Services

3 with the activities of other Federal entities and with

4 the activities of entities that are eligible to receive

5 grants under this title.’’.

6 (h) AUTHORITY TO MAKE GRANTS FOR RESEARCH,

7 EVALUATION, DEMONSTRATION, AND SERVICE

8 PROJECTS.—Section 343 of the Runaway and Homeless

9 Youth Act (42 U.S.C. 5714–23) is amended—

10 (1) in the section heading, by inserting ‘‘EVAL11 UATION,’’ after ‘‘RESEARCH,’’;

12 (2) in subsection (a), by inserting ‘‘evaluation,’’

13 after ‘‘research,’’; and

14 (3) in subsection (b)—

15 (A) by striking paragraph (2); and

16 (B) by redesignating paragraphs (3)

17 through (10) as paragraphs (2) through (9), re18 spectively.

19 (i) ASSISTANCE TO POTENTIAL GRANTEES.—Section

20 371 of the Runaway and Homeless Youth Act (42 U.S.C.

21 5714a) is amended by striking the last sentence.

22 (j) REPORTS.—Section 381 of the Runaway and

23 Homeless Youth Act (42 U.S.C. 5715) is amended to read

24 as follows:
461

•S 899 IS

1 ‘‘SEC. 381. REPORTS.

2 ‘‘(a) IN GENERAL.—Not later than April 1, 2000 and

3 biennially thereafter, the Secretary shall submit, to the

4 Committee on Education and the Workforce of the House

5 of Representatives and the Committee on the Judiciary

6 of the Senate, a report on the status, activities, and ac7 complishments of entities that receive grants under parts

8 A, B, C, D, and E, with particular attention to—

9 ‘‘(1) in the case of centers funded under part

10 A, the ability or effectiveness of such centers in—

11 ‘‘(A) alleviating the problems of runaway

12 and homeless youth;

13 ‘‘(B) if applicable or appropriate, reuniting

14 such youth with their families and encouraging

15 the resolution of intrafamily problems through

16 counseling and other services;

17 ‘‘(C) strengthening family relationships

18 and encouraging stable living conditions for

19 such youth; and

20 ‘‘(D) assisting such youth to decide upon a

21 future course of action; and

22 ‘‘(2) in the case of projects funded under part

23 B—

24 ‘‘(A) the number and characteristics of

25 homeless youth served by such projects;
462

•S 899 IS

1 ‘‘(B) the types of activities carried out by

2 such projects;

3 ‘‘(C) the effectiveness of such projects in

4 alleviating the problems of homeless youth;

5 ‘‘(D) the effectiveness of such projects in

6 preparing homeless youth for self-sufficiency;

7 ‘‘(E) the effectiveness of such projects in

8 assisting homeless youth to decide upon future

9 education, employment, and independent living;

10 ‘‘(F) the ability of such projects to encour11 age the resolution of intrafamily problems

12 through counseling and development of self-suf13 ficient living skills; and

14 ‘‘(G) activities and programs planned by

15 such projects for the following fiscal year.

16 ‘‘(b) CONTENTS OF REPORTS.—The Secretary shall

17 include in each report submitted under subsection (a),

18 summaries of—

19 ‘‘(1) the evaluations performed by the Secretary

20 under section 386; and

21 ‘‘(2) descriptions of the qualifications of, and

22 training provided to, individuals involved in carrying

23 out such evaluations.’’.

24 (k) REPORTS.—Section 383 of the Runaway and

25 Homeless Youth Act (42 U.S.C. 5731) is amended by
463

•S 899 IS

1 striking ‘‘Records’’ and inserting ‘‘Except for the purposes

2 of the disposition of criminal or delinquency charges

3 against or the coordinated delivery of services to individual

4 youths, records’’.

5 (l) EVALUATION.—Section 384 of the Runaway and

6 Homeless Youth Act (42 U.S.C. 5732) is amended to read

7 as follows:

8 ‘‘SEC. 384. EVALUATION AND INFORMATION.

9 ‘‘(a) IN GENERAL.—If a grantee receives grants for

10 3 consecutive fiscal years under part A, B, C, D, or E

11 (in the alternative), then the Secretary shall evaluate such

12 grantee on-site, not less frequently than once in the period

13 of such 3 consecutive fiscal years, for purposes of—

14 ‘‘(1) determining whether such grants are being

15 used for the purposes for which such grants are

16 made by the Secretary;

17 ‘‘(2) collecting additional information for the re18 port required by section 383; and

19 ‘‘(3) providing such information and assistance

20 to such grantee as will enable such grantee to im21 prove the operation of the centers, projects, and ac22 tivities for which such grants are made.

23 ‘‘(b) COOPERATION.—Recipients of grants under this

24 title shall cooperate with the Secretary’s efforts to carry
464

•S 899 IS

1 out evaluations, and to collect information, under this

2 title.’’.

3 (m) AUTHORIZATION OF APPROPRIATIONS.—Section

4 385 of the Runaway and Homeless Youth Act (42 U.S.C.

5 5751) is amended to read as follows:

6 ‘‘SEC. 389. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) AUTHORIZATION.—There is authorized to

9 be appropriated to carry out this title (other than

10 part E) such sums as may be necessary for each of

11 fiscal years 2000 through 2005.

12 ‘‘(2) ALLOCATION.—

13 ‘‘(A) PARTS A AND B.—From the amount

14 appropriated under paragraph (1) for a fiscal

15 year, the Secretary shall reserve not less than

16 90 percent to carry out parts A and B.

17 ‘‘(B) PART B.—Of the amount reserved

18 under subparagraph (A), not less than 20 per19 cent, and not more than 30 percent, shall be re20 served to carry out part B.

21 ‘‘(3) PARTS C AND D.—In each fiscal year,

22 after reserving the amounts required by paragraph

23 (2), the Secretary shall use the remaining amount

24 (if any) to carry out parts C and D.
465

•S 899 IS

1 ‘‘(b) SEPARATE IDENTIFICATION REQUIRED.—No

2 funds appropriated to carry out this title may be combined

3 with funds appropriated under any other Act if the pur4 pose of combining such funds is to make a single discre5 tionary grant, or a single discretionary payment, unless

6 such funds are separately identified in all grants and con7 tracts and are used for the purposes specified in this

8 title.’’.

9 (n) SEXUAL ABUSE PREVENTION PROGRAM.—

10 (1) AUTHORITY FOR PROGRAM.—The Runaway

11 and Homeless Youth Act (42 U.S.C. 5701 et seq.)

12 is amended—

13 (A) by striking the heading for part F;

14 (B) by redesignating part E as part F; and

15 (C) by inserting after part D the following:

16 ‘‘PART E—SEXUAL ABUSE PREVENTION

17 PROGRAM

18 ‘‘SEC. 351. AUTHORITY TO MAKE GRANTS.

19 ‘‘(a) IN GENERAL.—The Secretary may make grants

20 to nonprofit private agencies for the purpose of providing

21 street-based services to runaway and homeless, and street

22 youth, who have been subjected to, or are at risk of being

23 subjected to, sexual abuse, prostitution, or sexual exploi24 tation.
466

•S 899 IS

1 ‘‘(b) PRIORITY.—In selecting applicants to receive

2 grants under subsection (a), the Secretary shall give pri3 ority to nonprofit private agencies that have experience in

4 providing services to runaway and homeless, and street

5 youth.’’.

6 (2) AUTHORIZATION OF APPROPRIATIONS.—

7 Section 389(a) of the Runaway and Homeless Youth

8 Act (42 U.S.C. 5751), as amended by subsection

9 (m) of this section, is amended by adding at the end

10 the following:

11 ‘‘(4) PART E.—There is authorized to be appro12 priated to carry out part E such sums as may be

13 necessary for each of fiscal years 2000 through

14 2005.’’.

15 (o) CONSOLIDATED REVIEW OF APPLICATIONS.—

16 The Runaway and Homeless Youth Act (42 U.S.C. 5701

17 et seq.) is amended by inserting after section 384 the fol18 lowing:

19 ‘‘SEC. 385. CONSOLIDATED REVIEW OF APPLICATIONS.

20 ‘‘With respect to funds available to carry out parts

21 A, B, C, D, and E, nothing in this title shall be construed

22 to prohibit the Secretary from—

23 ‘‘(1) announcing, in a single announcement, the

24 availability of funds for grants under 2 or more of

25 such parts; and
467

•S 899 IS

1 ‘‘(2) reviewing applications for grants under 2

2 or more of such parts in a single, consolidated appli3 cation review process.’’.

4 (p) DEFINITIONS.—The Runaway and Homeless

5 Youth Act (42 U.S.C. 5701 et seq.) is amended by insert6 ing after section 385, as added by subsection (o) of this

7 section, the following:

8 ‘‘SEC. 386. DEFINITIONS.

9 ‘‘In this title:

10 ‘‘(1) DRUG ABUSE EDUCATION AND PREVEN11 TION SERVICES.—The term ‘drug abuse education

12 and prevention services’—

13 ‘‘(A) means services to runaway and home14 less youth to prevent or reduce the illicit use of

15 drugs by such youth; and

16 ‘‘(B) may include—

17 ‘‘(i) individual, family, group, and

18 peer counseling;

19 ‘‘(ii) drop-in services;

20 ‘‘(iii) assistance to runaway and

21 homeless youth in rural areas (including

22 the development of community support

23 groups);

24 ‘‘(iv) information and training relating

25 to the illicit use of drugs by runaway and
468

•S 899 IS

1 homeless youth, to individuals involved in

2 providing services to such youth; and

3 ‘‘(v) activities to improve the avail4 ability of local drug abuse prevention serv5 ices to runaway and homeless youth.

6 ‘‘(2) HOME-BASED SERVICES.—The term

7 ‘home-based services’—

8 ‘‘(A) means services provided to youth and

9 their families for the purpose of—

10 ‘‘(i) preventing such youth from run11 ning away, or otherwise becoming sepa12 rated, from their families; and

13 ‘‘(ii) assisting runaway youth to re14 turn to their families; and

15 ‘‘(B) includes services that are provided in

16 the residences of families (to the extent prac17 ticable), including—

18 ‘‘(i) intensive individual and family

19 counseling; and

20 ‘‘(ii) training relating to life skills and

21 parenting.

22 ‘‘(3) HOMELESS YOUTH.—The term ‘homeless

23 youth’ means an individual—

24 ‘‘(A) who is—
469

•S 899 IS

1 ‘‘(i) not more than 21 years of age;

2 and

3 ‘‘(ii) for the purposes of part B, not

4 less than 16 years of age;

5 ‘‘(B) for whom it is not possible to live in

6 a safe environment with a relative; and

7 ‘‘(C) who has no other safe alternative liv8 ing arrangement.

9 ‘‘(4) STREET-BASED SERVICES.—The term

10 ‘street-based services’—

11 ‘‘(A) means services provided to runaway

12 and homeless youth, and street youth, in areas

13 where they congregate, designed to assist such

14 youth in making healthy personal choices re15 garding where they live and how they behave;

16 and

17 ‘‘(B) may include—

18 ‘‘(i) identification of and outreach to

19 runaway and homeless youth, and street

20 youth;

21 ‘‘(ii) crisis intervention and coun22 seling;

23 ‘‘(iii) information and referral for

24 housing;
470

•S 899 IS

1 ‘‘(iv) information and referral for

2 transitional living and health care services;

3 ‘‘(v) advocacy, education, and preven4 tion services related to—

5 ‘‘(I) alcohol and drug abuse;

6 ‘‘(II) sexual exploitation;

7 ‘‘(III) sexually transmitted dis8 eases, including human immuno9 deficiency virus (HIV); and

10 ‘‘(IV) physical and sexual as11 sault.

12 ‘‘(5) STREET YOUTH.—The term ‘street youth’

13 means an individual who—

14 ‘‘(A) is—

15 ‘‘(i) a runaway youth; or

16 ‘‘(ii) indefinitely or intermittently a

17 homeless youth; and

18 ‘‘(B) spends a significant amount of time

19 on the street or in other areas that increase the

20 risk to such youth for sexual abuse, sexual ex21 ploitation, prostitution, or drug abuse.

22 ‘‘(6) TRANSITIONAL LIVING YOUTH PROJECT.—

23 The term ‘transitional living youth project’ means a

24 project that provides shelter and services designed to
471

•S 899 IS

1 promote a transition to self-sufficient living and to

2 prevent long-term dependency on social services.

3 ‘‘(7) YOUTH AT RISK OF SEPARATION FROM

4 THE FAMILY.—The term ‘youth at risk of separation

5 from the family’ means an individual—

6 ‘‘(A) who is less than 18 years of age; and

7 ‘‘(B)(i) who has a history of running away

8 from the family of such individual;

9 ‘‘(ii) whose parent, guardian, or custodian

10 is not willing to provide for the basic needs of

11 such individual; or

12 ‘‘(iii) who is at risk of entering the child

13 welfare system or juvenile justice system as a

14 result of the lack of services available to the

15 family to meet such needs.’’.

16 (q) REDESIGNATION OF SECTIONS.—Sections 371,

17 372, 381, 382, 383, 384, 385, and 386 of the Runaway

18 and Homeless Youth Act (42 U.S.C. 5714b–5851 et seq.),

19 as amended by this title, are redesignated as sections 381,

20 382, 383, 384, 385, 386, 387, and 388, respectively.

21 (r) TECHNICAL AND CONFORMING AMENDMENT.—

22 Section 331 of the Runaway and Homeless Youth Act (42

23 U.S.C. 5701 et seq.) is amended in the first sentence by

24 striking ‘‘With’’ and all that follows through ‘‘the Sec25 retary’’, and inserting ‘‘The Secretary’’.
472

•S 899 IS

1 SEC. 4204. NATIONAL CENTER FOR MISSING AND EX2 PLOITED CHILDREN.

3 (a) FINDINGS.—Section 402 of the Missing Chil4 dren’s Assistance Act (42 U.S.C. 5771) is amended—

5 (1) in paragraph (7), by striking ‘‘and’’ at the

6 end;

7 (2) in paragraph (8), by striking the period at

8 the end and inserting ‘‘; and’’; and

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

10 ‘‘(9) for 14 years, the National Center for Miss11 ing and Exploited Children has—

12 ‘‘(A) served as the national resource center

13 and clearinghouse congressionally mandated

14 under the provisions of the Missing Children’s

15 Assistance Act of 1984; and

16 ‘‘(B) worked in partnership with the De17 partment of Justice, the Federal Bureau of In18 vestigation, the Department of the Treasury,

19 the Department of State, and many other agen20 cies in the effort to find missing children and

21 prevent child victimization;

22 ‘‘(10) Congress has given the Center, which is

23 a private non-profit corporation, access to the Na24 tional Crime Information Center of the Federal Bu25 reau of Investigation, and the National Law En26 forcement Telecommunications System;
473

•S 899 IS

1 ‘‘(11) since 1987, the Center has operated the

2 National Child Pornography Tipline, in conjunction

3 with the United States Customs Service and the

4 United States Postal Inspection Service and, begin5 ning this year, the Center established a new

6 CyberTipline on child exploitation, thus becoming

7 ‘the 911 for the Internet’;

8 ‘‘(12) in light of statistics that time is of the es9 sence in cases of child abduction, the Director of the

10 Federal Bureau of Investigation in February of

11 1997 created a new NCIC child abduction (‘CA’)

12 flag to provide the Center immediate notification in

13 the most serious cases, resulting in 642 ‘CA’ notifi14 cations to the Center and helping the Center to have

15 its highest recovery rate in history;

16 ‘‘(13) the Center has established a national and

17 increasingly worldwide network, linking the Center

18 online with each of the missing children clearing19 houses operated by the 50 States, the District of Co20 lumbia, and Puerto Rico, as well as with Scotland

21 Yard in the United Kingdom, the Royal Canadian

22 Mounted Police, INTERPOL headquarters in Lyon,

23 France, and others, which has enabled the Center to

24 transmit images and information regarding missing
474

•S 899 IS

1 children to law enforcement across the United States

2 and around the world instantly;

3 ‘‘(14) from its inception in 1984 through March

4 31, 1998, the Center has—

5 ‘‘(A) handled 1,203,974 calls through its

6 24-hour toll-free hotline (1-800-THE-LOST)

7 and currently averages 700 calls per day;

8 ‘‘(B) trained 146,284 law enforcement,

9 criminal and juvenile justice, and healthcare

10 professionals in child sexual exploitation and

11 missing child case detection, identification, in12 vestigation, and prevention;

13 ‘‘(C) disseminated 15,491,344 free publica14 tions to citizens and professionals; and

15 ‘‘(D) worked with law enforcement on the

16 cases of 59,481 missing children, resulting in

17 the recovery of 40,180 children;

18 ‘‘(15) the demand for the services of the Center

19 is growing dramatically, as evidenced by the fact

20 that in 1997, the Center handled 129,100 calls, an

21 all-time record, and by the fact that its new Internet

22 website (www.missingkids.com) receives 1,500,000

23 ‘hits’ every day, and is linked with hundreds of other

24 websites to provide real-time images of breaking

25 cases of missing children;
475

•S 899 IS

1 ‘‘(16) in 1997, the Center provided policy train2 ing to 256 police chiefs and sheriffs from 50 States

3 and Guam at its new Jimmy Ryce Law Enforcement

4 Training Center;

5 ‘‘(17) the programs of the Center have had a

6 remarkable impact, such as in the fight against in7 fant abductions in partnership with the healthcare

8 industry, during which the Center has performed

9 668 onsite hospital walk-throughs and inspections,

10 and trained 45,065 hospital administrators, nurses,

11 and security personnel, and thereby helped to reduce

12 infant abductions in the United States by 82 per13 cent;

14 ‘‘(18) the Center is now playing a significant

15 role in international child abduction cases, serving as

16 a representative of the Department of State at cases

17 under The Hague Convention, and successfully re18 solving the cases of 343 international child abduc19 tions, and providing greater support to parents in

20 the United States;

21 ‘‘(19) the Center is a model of public/private

22 partnership, raising private sector funds to match

23 congressional appropriations and receiving extensive

24 private in-kind support, including advanced tech25 nology provided by the computer industry such as
476

•S 899 IS

1 imaging technology used to age the photographs of

2 long-term missing children and to reconstruct facial

3 images of unidentified deceased children;

4 ‘‘(20) the Center was 1 of only 10 of 300 major

5 national charities given an A+ grade in 1997 by the

6 American Institute of Philanthropy; and

7 ‘‘(21) the Center has been redesignated as the

8 Nation’s missing children clearinghouse and resource

9 center once every 3 years through a competitive se10 lection process conducted by the Office of Juvenile

11 Justice and Delinquency Prevention of the Depart12 ment of Justice, and has received grants from that

13 Office to conduct the crucial purposes of the Cen14 ter.’’.

15 (b) DEFINITIONS.—Section 403 of the Missing Chil16 dren’s Assistance Act (42 U.S.C. 5772) is amended—

17 (1) in paragraph (1), by striking ‘‘and’’ at the

18 end;

19 (2) in paragraph (2), by striking the period at

20 the end and inserting ‘‘; and’’; and

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

22 ‘‘(3) the term ‘Center’ means the National Cen23 ter for Missing and Exploited Children.’’.
477

•S 899 IS

1 (c) DUTIES AND FUNCTIONS OF THE ADMINIS2 TRATOR.—Section 404 of the Missing Children’s Assist3 ance Act (42 U.S.C. 5773) is amended—

4 (1) by redesignating subsection (c) as sub5 section (d); and

6 (2) by striking subsection (b) and inserting the

7 following:

8 ‘‘(b) ANNUAL GRANT TO NATIONAL CENTER FOR

9 MISSING AND EXPLOITED CHILDREN.—

10 ‘‘(1) IN GENERAL.—The Administrator shall

11 annually make a grant to the National Center for

12 Missing and Exploited Children, which shall be used

13 to—

14 ‘‘(A)(i) operate a national 24-hour toll-free

15 telephone line by which individuals may report

16 information regarding the location of any miss17 ing child, or other child 13 years of age or

18 younger whose whereabouts are unknown to

19 such child’s legal custodian, and request infor20 mation pertaining to procedures necessary to

21 reunite such child with such child’s legal custo22 dian; and

23 ‘‘(ii) coordinate the operation of such tele24 phone line with the operation of the national

25 communications system referred to in part C of
478

•S 899 IS

1 the Runaway and Homeless Youth Act (42

2 U.S.C. 5714–11);

3 ‘‘(B) operate the official national resource

4 center and information clearinghouse for miss5 ing and exploited children;

6 ‘‘(C) provide to State and local govern7 ments, public and private nonprofit agencies,

8 and individuals, information regarding—

9 ‘‘(i) free or low-cost legal, restaurant,

10 lodging, and transportation services that

11 are available for the benefit of missing and

12 exploited children and their families; and

13 ‘‘(ii) the existence and nature of pro14 grams being carried out by Federal agen15 cies to assist missing and exploited chil16 dren and their families;

17 ‘‘(D) coordinate public and private pro18 grams that locate, recover, or reunite missing

19 children with their families;

20 ‘‘(E) disseminate, on a national basis, in21 formation relating to innovative and model pro22 grams, services, and legislation that benefit

23 missing and exploited children;

24 ‘‘(F) provide technical assistance and

25 training to law enforcement agencies, State and
479

•S 899 IS

1 local governments, elements of the criminal jus2 tice system, public and private nonprofit agen3 cies, and individuals in the prevention, inves4 tigation, prosecution, and treatment of cases in5 volving missing and exploited children; and

6 ‘‘(G) provide assistance to families and law

7 enforcement agencies in locating and recovering

8 missing and exploited children, both nationally

9 and internationally.

10 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

11 There is authorized to be appropriated to the Ad12 ministrator to carry out this subsection,

13 $10,000,000 for each of fiscal years 2000 through

14 2005.

15 ‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis16 trator, either by making grants to or entering into con17 tracts with public agencies or nonprofit private agencies,

18 shall—

19 ‘‘(1) periodically conduct national incidence

20 studies to determine for a given year the actual

21 number of children reported missing each year, the

22 number of children who are victims of abduction by

23 strangers, the number of children who are the vic24 tims of parental kidnapings, and the number of chil25 dren who are recovered each year; and
480

•S 899 IS

1 ‘‘(2) provide to State and local governments,

2 public and private nonprofit agencies, and individ3 uals information to facilitate the lawful use of school

4 records and birth certificates to identify and locate

5 missing children.’’.

6 (d) NATIONAL CENTER FOR MISSING AND EX7 PLOITED CHILDREN.—Section 405(a) of the Missing Chil8 dren’s Assistance Act (42 U.S.C. 5775(a)) is amended by

9 inserting ‘‘the National Center for Missing and Exploited

10 Children and with’’ before ‘‘public agencies’’.

11 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

12 408 of the Missing Children’s Assistance Act (42 U.S.C.

13 5777) is amended by striking ‘‘1997 through 2001’’ and

14 inserting ‘‘2000 through 2005’’.

15 (f) REPEAL OF OBSOLETE REPORTING REQUIRE16 MENTS.—Section 409 of the Missing Children’s Assistance

17 Act (42 U.S.C. 5778) is repealed.

18 SEC. 4205. TRANSFER OF FUNCTIONS AND SAVINGS PROVI19 SIONS.

20 (a) DEFINITIONS.—In this section, unless otherwise

21 provided or indicated by the context:

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Office of Ju24 venile Crime Control and Prevention established by

25 operation of subsection (b).
481

•S 899 IS

1 (2) ADMINISTRATOR OF THE OFFICE.—The

2 term ‘‘Administrator of the Office’’ means the Ad3 ministrator of the Office of Juvenile Justice and De4 linquency Prevention.

5 (3) BUREAU OF JUSTICE ASSISTANCE.—The

6 term ‘‘Bureau of Justice Assistance’’ means the bu7 reau established under section 401 of title I of the

8 Omnibus Crime Control and Safe Streets Act of

9 1968.

10 (4) FEDERAL AGENCY.—The term ‘‘Federal

11 agency’’ has the meaning given the term ‘‘agency’’

12 by section 551(1) of title 5, United States Code.

13 (5) FUNCTION.—The term ‘‘function’’ means

14 any duty, obligation, power, authority, responsibility,

15 right, privilege, activity, or program.

16 (6) OFFICE OF JUVENILE CRIME CONTROL AND

17 PREVENTION.—The term ‘‘Office of Juvenile Crime

18 Control and Prevention’’ means the office estab19 lished by operation of subsection (b).

20 (7) OFFICE OF JUVENILE JUSTICE AND DELIN21 QUENCY PREVENTION.—The term ‘‘Office of Juve22 nile Justice and Delinquency Prevention’’ means the

23 Office of Juvenile Justice and Delinquency Preven24 tion of the Department of Justice, established by

25 section 201 of the Juvenile Justice and Delinquency
482

•S 899 IS

1 Prevention Act of 1974, as in effect on the day be2 fore the date of enactment of this Act.

3 (8) OFFICE.—The term ‘‘office’’ includes any

4 office, administration, agency, institute, unit, organi5 zational entity, or component thereof.

6 (b) TRANSFER OF FUNCTIONS.—There are trans7 ferred to the Office of Juvenile Crime Control and Preven8 tion all functions that the Administrator of the Office ex9 ercised before the date of enactment of this Act (including

10 all related functions of any officer or employee of the Of11 fice of Juvenile Justice and Delinquency Prevention), and

12 authorized after the date of enactment of this Act, relating

13 to carrying out the Juvenile Justice and Delinquency Pre14 vention Act of 1974.

15 (c) TRANSFER AND ALLOCATIONS OF APPROPRIA16 TIONS AND PERSONNEL.—

17 (1) IN GENERAL.—Except as otherwise pro18 vided in this section, the personnel employed in con19 nection with, and the assets, liabilities, contracts,

20 property, records, and unexpended balances of ap21 propriations, authorizations, allocations, and other

22 amounts employed, used, held, arising from, avail23 able to, or to be made available in connection with

24 the functions transferred by this section, subject to

25 section 1531 of title 31, United States Code, shall
483

•S 899 IS

1 be transferred to the Office of Juvenile Crime Con2 trol and Prevention.

3 (2) UNEXPENDED AMOUNTS.—Any unexpended

4 amounts transferred pursuant to this subsection

5 shall be used only for the purposes for which the

6 amounts were originally authorized and appro7 priated.

8 (d) INCIDENTAL TRANSFERS.—

9 (1) IN GENERAL.—The Director of the Office of

10 Management and Budget, at such time or times as

11 the Director of that Office shall provide, may make

12 such determinations as may be necessary with re13 gard to the functions transferred by this section, and

14 to make such additional incidental dispositions of

15 personnel, assets, liabilities, grants, contracts, prop16 erty, records, and unexpended balances of appropria17 tions, authorizations, allocations, and other amounts

18 held, used, arising from, available to, or to be made

19 available in connection with such functions, as may

20 be necessary to carry out this section.

21 (2) TERMINATION OF AFFAIRS.—The Director

22 of the Office of Management and Budget shall pro23 vide for the termination of the affairs of all entities

24 terminated by this section and for such further
484

•S 899 IS

1 measures and dispositions as may be necessary to ef2 fectuate the purposes of this section.

3 (e) EFFECT ON PERSONNEL.—

4 (1) IN GENERAL.—Except as otherwise pro5 vided by this section, the transfer pursuant to this

6 section of full-time personnel (except special Govern7 ment employees) and part-time personnel holding

8 permanent positions shall not cause any such em9 ployee to be separated or reduced in grade or com10 pensation for 1 year after the date of transfer of

11 such employee under this section.

12 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

13 as otherwise provided in this section, any person

14 who, on the day before the date of enactment of this

15 Act, held a position compensated in accordance with

16 the Executive Schedule prescribed in chapter 53 of

17 title 5, United States Code, and who, without a

18 break in service, is appointed in the Office of Juve19 nile Crime Control and Prevention to a position hav20 ing duties comparable to the duties performed imme21 diately preceding such appointment shall continue to

22 be compensated in such new position at not less

23 than the rate provided for such previous position, for

24 the duration of the service of such person in such

25 new position.
485

•S 899 IS

1 (3) TRANSITION RULE.—The incumbent Ad2 ministrator of the Office as of the date immediately

3 preceding the date of enactment of this Act shall

4 continue to serve as Administrator after the date of

5 enactment of this Act until such time as the incum6 bent resigns, is relieved of duty by the President, or

7 an Administrator is appointed by the President, by

8 and with the advice and consent of the Senate.

9 (f) SAVINGS PROVISIONS.—

10 (1) CONTINUING EFFECT OF LEGAL DOCU11 MENTS.—All orders, determinations, rules, regula12 tions, permits, agreements, grants, contracts, certifi13 cates, licenses, registrations, privileges, and other

14 administrative actions—

15 (A) that have been issued, made, granted,

16 or allowed to become effective by the President,

17 any Federal agency or official thereof, or by a

18 court of competent jurisdiction, in the perform19 ance of functions that are transferred under

20 this section; and

21 (B) that are in effect at the time this sec22 tion takes effect, or were final before the date

23 of enactment of this Act and are to become ef24 fective on or after the date of enactment of this

25 Act, shall continue in effect according to their
486

•S 899 IS

1 terms until modified, terminated, superseded,

2 set aside, or revoked in accordance with law by

3 the President, the Administrator, or other au4 thorized official, a court of competent jurisdic5 tion, or by operation of law.

6 (2) PROCEEDINGS NOT AFFECTED.—

7 (A) IN GENERAL.—This section shall not

8 affect any proceedings, including notices of pro9 posed rulemaking, or any application for any li10 cense, permit, certificate, or financial assistance

11 pending before the Office of Juvenile Justice

12 and Delinquency Prevention on the date on

13 which this section takes effect, with respect to

14 functions transferred by this section but such

15 proceedings and applications shall be continued.

16 (B) ORDERS; APPEALS; PAYMENTS.—Or17 ders shall be issued in such proceedings, ap18 peals shall be taken therefrom, and payments

19 shall be made pursuant to such orders, as if

20 this section had not been enacted, and orders

21 issued in any such proceedings shall continue in

22 effect until modified, terminated, superseded, or

23 revoked by a duly authorized official, by a court

24 of competent jurisdiction, or by operation of

25 law.
487

•S 899 IS

1 (C) DISCONTINUANCE OR MODIFICA2 TION.—Nothing in this paragraph shall be con3 strued to prohibit the discontinuance or modi4 fication of any such proceeding under the same

5 terms and conditions and to the same extent

6 that such proceeding could have been discon7 tinued or modified if this paragraph had not

8 been enacted.

9 (3) SUITS NOT AFFECTED.—This section shall

10 not affect suits commenced before the date of enact11 ment of this Act, and in all such suits, proceedings

12 shall be had, appeals taken, and judgments rendered

13 in the same manner and with the same effect as if

14 this section had not been enacted.

15 (4) NONABATEMENT OF ACTIONS.—No suit, ac16 tion, or other proceeding commenced by or against

17 the Office of Juvenile Justice and Delinquency Pre18 vention, or by or against any individual in the offi19 cial capacity of such individual as an officer of the

20 Office of Juvenile Justice and Delinquency Preven21 tion, shall abate by reason of the enactment of this

22 section.

23 (5) ADMINISTRATIVE ACTIONS RELATING TO

24 PROMULGATION OF REGULATIONS.—Any administra25 tive action relating to the preparation or promulga-
488

•S 899 IS

1 tion of a regulation by the Office of Juvenile Justice

2 and Delinquency Prevention relating to a function

3 transferred under this section may be continued, to

4 the extent authorized by this section, by the Office

5 of Juvenile Crime Control and Prevention with the

6 same effect as if this section had not been enacted.

7 (g) TRANSITION.—The Administrator may utilize—

8 (1) the services of such officers, employees, and

9 other personnel of the Office of Juvenile Justice and

10 Delinquency Prevention with respect to functions

11 transferred to the Office of Juvenile Crime Control

12 and Prevention by this section; and

13 (2) amounts appropriated to such functions for

14 such period of time as may reasonably be needed to

15 facilitate the orderly implementation of this section.

16 (h) REFERENCES.—Reference in any other Federal

17 law, Executive order, rule, regulation, or delegation of au18 thority, or any document of or relating to—

19 (1) the Administrator of the Office of Juvenile

20 Justice and Delinquency Prevention with regard to

21 functions transferred by operation of subsection (b),

22 shall be considered to refer to the Administrator of

23 the Office of Juvenile Crime Control and Prevention;

24 and
489

•S 899 IS

1 (2) the Office of Juvenile Justice and Delin2 quency Prevention with regard to functions trans3 ferred by operation of subsection (b), shall be con4 sidered to refer to the Office of Juvenile Crime Con5 trol and Prevention.

6 (i) TECHNICAL AND CONFORMING AMENDMENTS.—

7 (1) Section 5315 of title 5, United States Code,

8 is amended by striking ‘‘Administrator, Office of Ju9 venile Justice and Delinquency Prevention’’ and in10 serting ‘‘Administrator, Office of Juvenile Crime

11 Control and Prevention’’.

12 (2) Section 4351(b) of title 18, United States

13 Code, is amended by striking ‘‘Office of Juvenile

14 Justice and Delinquency Prevention’’ and inserting

15 ‘‘Office of Juvenile Crime Control and Prevention’’.

16 (3) Subsections (a)(1) and (c) of section 3220

17 of title 39, United States Code, are each amended

18 by striking ‘‘Office of Juvenile Justice and Delin19 quency Prevention’’ each place it appears and insert20 ing ‘‘Office of Juvenile Crime Control and Preven21 tion’’.

22 (4) Section 463(f) of the Social Security Act

23 (42 U.S.C. 663(f)) is amended by striking ‘‘Office of

24 Juvenile Justice and Delinquency Prevention’’ and
490

•S 899 IS

1 inserting ‘‘Office of Juvenile Crime Control and Pre2 vention’’.

3 (5) Sections 801(a), 804, 805, and 813 of title

4 I of the Omnibus Crime Control and Safe Streets

5 Act of 1968 (42 U.S.C. 3712(a), 3782, 3785, 3786,

6 3789i) are amended by striking ‘‘Office of Juvenile

7 Justice and Delinquency Prevention’’ each place it

8 appears and inserting ‘‘Office of Juvenile Crime

9 Control and Prevention’’.

10 (6) The Victims of Child Abuse Act of 1990

11 (42 U.S.C. 13001 et seq.) is amended—

12 (A) in section 214(b)(1) by striking ‘‘262,

13 293, and 296 of subpart II of title II’’ and in14 serting ‘‘299B and 299E’’;

15 (B) in section 214A(c)(1) by striking

16 ‘‘262, 293, and 296 of subpart II of title II’’

17 and inserting ‘‘299B and 299E’’;

18 (C) in sections 217 and 222 by striking

19 ‘‘Office of Juvenile Justice and Delinquency

20 Prevention’’ each place it appears and inserting

21 ‘‘Office of Juvenile Crime Control and Preven22 tion’’; and

23 (D) in section 223(c) by striking ‘‘section

24 262, 293, and 296’’ and inserting ‘‘sections

25 262, 299B, and 299E’’.
491

•S 899 IS

1 (7) The Missing Children’s Assistance Act (42

2 U.S.C. 5771 et seq.) is amended—

3 (A) in section 403(2) by striking ‘‘Justice

4 and Delinquency Prevention’’ and inserting

5 ‘‘Crime Control and Delinquency Prevention’’;

6 and

7 (B) in subsections (a)(5)(E) and (b)(1)(B)

8 of section 404 by striking ‘‘section 313’’ and in9 serting ‘‘section 331’’.

10 (8) The Crime Control Act of 1990 (42 U.S.C.

11 13001 et seq.) is amended—

12 (A) in section 217(c)(1) by striking ‘‘sec13 tions 262, 293, and 296 of subpart II of title

14 II’’ and inserting ‘‘sections 299B and 299E’’;

15 and

16 (B) in section 223(c) by striking ‘‘section

17 262, 293, and 296 of title II’’ and inserting

18 ‘‘sections 299B and 299E’’.

19 (j) REFERENCES.—In any Federal law (excluding

20 this Act and the Acts amended by this Act), Executive

21 order, rule, regulation, order, delegation of authority,

22 grant, contract, suit, or document a reference to the Office

23 of Juvenile Justice and Delinquency Prevention shall be

24 deemed to include a reference to the Office of Juvenile

25 Crime Control and Prevention.
492

•S 899 IS

1 CHAPTER 2—ACCOUNTABILITY FOR JUVE2 NILE OFFENDERS AND PUBLIC PRO3 TECTION INCENTIVE GRANTS

4 SEC. 4221. BLOCK GRANT PROGRAM.

5 (a) IN GENERAL.—Part R of title I of the Omnibus

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

7 3796 et seq.) is amended to read as follows:

8 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

9 GRANTS

10 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

11 ‘‘(a) IN GENERAL.—The Attorney General shall

12 make, subject to the availability of appropriations, grants

13 to States for use by States and units of local government

14 in planning, establishing, operating, coordinating, and

15 evaluating projects, directly or through grants and con16 tracts with public and private agencies, for the develop17 ment of more effective investigation, prosecution, and pun18 ishment (including the imposition of graduated sanctions)

19 of crimes or acts of delinquency committed by juveniles,

20 programs to improve the administration of justice for and

21 ensure accountability by juvenile offenders, and programs

22 to reduce the risk factors (such as truancy, drug or alcohol

23 use, and gang involvement) associated with juvenile crime

24 or delinquency.
493

•S 899 IS

1 ‘‘(b) USE OF GRANTS.—Grants under this section

2 may be used by States and units of local government—

3 ‘‘(1) for programs to enhance the identification,

4 investigation, prosecution, and punishment of juve5 nile offenders, such as—

6 ‘‘(A) the utilization of graduated sanctions;

7 ‘‘(B) the utilization of short-term confine8 ment of juvenile offenders;

9 ‘‘(C) the incarceration of violent juvenile

10 offenders for extended periods of time;

11 ‘‘(D) the hiring of juvenile prosecutors, ju12 venile public defenders, juvenile judges, juvenile

13 probation officers, and juvenile correctional offi14 cers to implement policies to control juvenile

15 crime and ensure accountability of juvenile of16 fenders; and

17 ‘‘(E) the development and implementation

18 of coordinated, multi-agency systems for—

19 ‘‘(i) the comprehensive and coordi20 nated booking, identification, and assess21 ment of juveniles arrested or detained by

22 law enforcement agencies, including the

23 utilization of multi-agency facilities such as

24 juvenile assessment centers; and
494

•S 899 IS

1 ‘‘(ii) the coordinated delivery of sup2 port services for juveniles who have had or

3 are at risk for contact with the juvenile or

4 criminal systems, including utilization of

5 court-established local service delivery

6 councils;

7 ‘‘(2) for programs that require juvenile offend8 ers to make restitution to the victims of offenses

9 committed by those juvenile offenders;

10 ‘‘(3) for programs that require juvenile offend11 ers to attend and successfully complete school or vo12 cational training as part of a sentence imposed by

13 a court;

14 ‘‘(4) for programs that require juvenile offend15 ers who are parents to demonstrate parental respon16 sibility by working and paying child support;

17 ‘‘(5) for programs that seek to curb or punish

18 truancy;

19 ‘‘(6) for programs designed to collect, record,

20 retain, and disseminate information useful in the

21 identification, prosecution, and sentencing of juvenile

22 offenders, such as criminal history information, fin23 gerprints, DNA tests, and ballistics tests;

24 ‘‘(7) for the development and implementation of

25 coordinated multijurisdictional or multiagency pro-
495

•S 899 IS

1 grams for the identification, control, supervision,

2 prevention, investigation, and treatment of the most

3 serious juvenile offenses and offenders, popularly

4 known as a ‘SHOCAP Program’ (Serious Habitual

5 Offenders Comprehensive Action Program);

6 ‘‘(8) for the development and implementation of

7 coordinated multijurisdictional or multiagency pro8 grams for the identification, control, supervision,

9 prevention, investigation, and disruption of youth

10 gangs;

11 ‘‘(9) for the construction or remodeling of

12 short- and long-term facilities for juvenile offenders;

13 ‘‘(10) for the development and implementation

14 of technology, equipment, training programs for ju15 venile crime control, for law enforcement officers,

16 judges, prosecutors, probation officers, and other

17 court personnel who are employed by State and local

18 governments, in furtherance of the purposes identi19 fied in this section; and

20 ‘‘(11) for programs to seek to target, curb, and

21 punish adults who knowingly and intentionally use a

22 juvenile during the commission or attempted com23 mission of a crime, including programs that specifi24 cally provide for additional punishments or sentence

25 enhancements for adults who knowingly and inten-
496

•S 899 IS

1 tionally use a juvenile during the commission or at2 tempted commission of a crime.

3 ‘‘(c) REQUIREMENTS.—To be eligible to receive an in4 centive grant under this section, a State shall submit to

5 the Attorney General an application, in such form as shall

6 be prescribed by the Attorney General, which shall contain

7 assurances that, not later than 1 year after the date on

8 which the State submits such application—

9 ‘‘(1) the State has established or will establish

10 a system of graduated sanctions for juvenile offend11 ers that ensures appropriate sanctions, which are

12 graduated to reflect the severity or repeated nature

13 of violations, for each act of delinquency;

14 ‘‘(2) the State has established or will establish

15 a policy of drug testing (including followup testing)

16 juvenile offenders upon their arrest for any offense

17 within an appropriate category of offenses des18 ignated by the chief executive officer of the State;

19 and

20 ‘‘(3) the State has an established policy recog21 nizing the rights and needs of victims of crimes com22 mitted by juveniles.

23 ‘‘(d) ALLOCATION AND DISTRIBUTION OF STATE

24 GRANTS.—

25 ‘‘(1) IN GENERAL.—
497

•S 899 IS

1 ‘‘(A) STATE AND LOCAL DISTRIBUTION.—

2 Subject to subparagraph (B), of amounts made

3 available to the State, 30 percent may be re4 tained by the State for use pursuant to para5 graph (2) and 70 percent shall be reserved by

6 the State for local distribution pursuant to

7 paragraph (3).

8 ‘‘(B) SPECIAL RULE.—The Attorney Gen9 eral may waive the requirements of this para10 graph with respect to any State in which the

11 criminal and juvenile justice services for delin12 quent or other youth are organized primarily on

13 a statewide basis, in which case not more than

14 50 percent of funds shall be made available to

15 all units of local government in that State pur16 suant to paragraph (3).

17 ‘‘(2) OTHER DISTRIBUTION.—Of amounts re18 tained by the State under paragraph (1) not less

19 than 50 percent shall be designated for—

20 ‘‘(A) programs pursuant to paragraph (1)

21 or (9) of subsection (b), except that if the State

22 designates any amounts for purposes of con23 struction or remodeling of short- or long-term

24 facilities pursuant to subsection (b)(9), such

25 amounts shall constitute not more than 50 per-
498

•S 899 IS

1 cent of the estimated construction or remod2 eling cost and that no funds expended pursuant

3 to this subparagraph may be used for the incar4 ceration of any offender who was more than 21

5 years of age at the time of the offense, and no

6 funds expended pursuant to this subparagraph

7 may be used for construction, renovation, or ex8 pansion of facilities for such offenders, except

9 that funds may be used to construct juvenile fa10 cilities collocated with adult facilities; or

11 ‘‘(B) drug testing upon arrest for any of12 fense within the category of offenses designated

13 pursuant to subsection (c)(3), and intensive su14 pervision thereafter pursuant to programs

15 under subsection (b)(7) and subsection (c)(3).

16 ‘‘(3) LOCAL ELIGIBILITY AND DISTRIBUTION.—

17 ‘‘(A) IN GENERAL.—

18 ‘‘(i) LOCAL DISTRIBUTION SUBGRANT

19 ELIGIBILITY.—To be eligible to receive a

20 subgrant, a unit of local government shall

21 provide such assurances to the State as the

22 State shall require, that, to the maximum

23 extent applicable, the unit of local govern24 ment has laws or policies and programs
499

•S 899 IS

1 that comply with the eligibility require2 ments of subsection (c).

3 ‘‘(ii) COORDINATED LOCAL EFFORT.—

4 Prior to receiving a grant under this sec5 tion, a unit of local government shall cer6 tify that it has or will establish a coordi7 nated enforcement plan for reducing juve8 nile crime within the jurisdiction of the

9 unit of local government, developed by a

10 juvenile crime enforcement coalition, such

11 coalition consisting of individuals within

12 the jurisdiction representing the police,

13 sheriff, prosecutor, State or local probation

14 services, juvenile court, schools, business,

15 and religious affiliated, fraternal, non16 profit, or social service organizations in17 volved in crime prevention.

18 ‘‘(B) SPECIAL RULE.—The requirements

19 of subparagraph (A) shall apply to an eligible

20 unit that receives funds from the Attorney Gen21 eral under subparagraph (H), except that infor22 mation that would otherwise be submitted to

23 the State shall be submitted to the Attorney

24 General.
500

•S 899 IS

1 ‘‘(C) LOCAL DISTRIBUTION.—From

2 amounts reserved for local distribution under

3 paragraph (1), the State shall allocate to such

4 units of local government an amount that bears

5 the same ratio to the aggregate amount of such

6 funds as—

7 ‘‘(i) the sum of—

8 ‘‘(I) the product of—

9 ‘‘(aa) two-thirds; multiplied

10 by

11 ‘‘(bb) the average law en12 forcement expenditure for such

13 unit of local government for the

14 3 most recent calendar years for

15 which such data is available; plus

16 ‘‘(II) the product of—

17 ‘‘(aa) one-third; multiplied

18 by

19 ‘‘(bb) the average annual

20 number of part 1 violent crimes

21 in such unit of local government

22 for the 3 most recent calendar

23 years for which such data is

24 available, bears to—
501

•S 899 IS

1 ‘‘(ii) the sum of the products deter2 mined under subparagraph (A) for all such

3 units of local government in the State.

4 ‘‘(D) EXPENDITURES.—The allocation any

5 unit of local government shall receive under

6 paragraph (1) for a payment period shall not

7 exceed 100 percent of law enforcement expendi8 tures of the unit for such payment period.

9 ‘‘(E) REALLOCATION.—The amount of any

10 unit of local government’s allocation that is not

11 available to such unit by operation of paragraph

12 (2) shall be available to other units of local gov13 ernment that are not affected by such operation

14 in accordance with this subsection.

15 ‘‘(F) UNAVAILABILITY OF DATA FOR UNITS

16 OF LOCAL GOVERNMENT.—If the State has rea17 son to believe that the reported rate of part 1

18 violent crimes or law enforcement expenditure

19 for a unit of local government is insufficient or

20 inaccurate, the State shall—

21 ‘‘(i) investigate the methodology used

22 by the unit to determine the accuracy of

23 the submitted data; and

24 ‘‘(ii) if necessary, use the best avail25 able comparable data regarding the num-
502

•S 899 IS

1 ber of violent crimes or law enforcement

2 expenditure for the relevant years for the

3 unit of local government.

4 ‘‘(G) LOCAL GOVERNMENT WITH ALLOCA5 TIONS LESS THAN $5,000.—If, under this sec6 tion, a unit of local government is allocated less

7 than $5,000 for a payment period, the amount

8 allocated shall be expended by the State on

9 services to units of local government whose al10 lotment is less than such amount in a manner

11 consistent with this part.

12 ‘‘(H) DIRECT GRANTS TO ELIGIBLE

13 UNITS.—

14 ‘‘(i) IN GENERAL.—If a State does

15 not qualify or apply for a grant under this

16 section, by the application deadline estab17 lished by the Attorney General, the Attor18 ney General shall reserve not more than 70

19 percent of the allocation that the State

20 would have received for grants under this

21 section under subsection (e) for such fiscal

22 year to provide grants to eligible units that

23 meet the requirements for funding under

24 subparagraph (A).
503

•S 899 IS

1 ‘‘(ii) AWARD BASIS.—In addition to

2 the qualification requirements for direct

3 grants for eligible units the Attorney Gen4 eral may use the average amount allocated

5 by the States to like governmental units as

6 a basis for awarding grants under this sec7 tion.

8 ‘‘(I) ALLOCATION BY UNITS OF LOCAL

9 GOVERNMENT.—Of amounts made available

10 under this section to a unit of local government,

11 not less than 50 percent shall be designated

12 for—

13 ‘‘(i) paragraph (1) or (9) of sub14 section (b), except that, if amounts are al15 located for purposes of construction or re16 modeling of short- or long-term facilities

17 pursuant to subsection (b)(9)—

18 ‘‘(I) the unit of local government

19 shall coordinate such expenditures

20 with similar State expenditures;

21 ‘‘(II) Federal funds shall con22 stitute not more than 50 percent of

23 the estimated construction or remod24 eling cost; and
504

•S 899 IS

1 ‘‘(III) no funds expended pursu2 ant to this clause may be used for the

3 incarceration of any offender who was

4 more than 21 years of age at the time

5 of the offense or for construction, ren6 ovation, or expansion of facilities for

7 such offenders, except that funds may

8 be used to construct juvenile facilities

9 collocated with adult facilities, includ10 ing separate buildings for juveniles

11 and separate juvenile wings, cells, or

12 areas collocated within an adult jail or

13 lockup; or

14 ‘‘(ii) drug testing upon arrest for any

15 offense within the category of offenses des16 ignated pursuant to subsection (c)(3), and

17 intensive supervision thereafter pursuant

18 to programs under subsection (b)(7) and

19 subsection (c)(3).

20 ‘‘(4) NONSUPPLANTATION.—Amounts made

21 available under this section to the States (or units

22 of local government in the State) shall not be used

23 to supplant State or local funds (or in the case of

24 Indian tribal governments, to supplant amounts pro25 vided by the Bureau of Indian Affairs) but shall be
505

•S 899 IS

1 used to increase the amount of funds that would in

2 the absence of amounts received under this section,

3 be made available from a State or local source, or

4 in the case of Indian tribal governments, from

5 amounts provided by the Bureau of Indian Affairs.

6 ‘‘(e) ALLOCATION OF GRANTS AMONG QUALIFYING

7 STATES; RESTRICTIONS ON USE.—

8 ‘‘(1) ALLOCATION.—Amounts made available

9 under this section shall be allocated as follows:

10 ‘‘(A) 0.5 percent shall be allocated to each

11 eligible State.

12 ‘‘(B) The amount remaining after the allo13 cation under subparagraph (A) shall be allo14 cated proportionately based on the population

15 that is less than 18 years of age in the eligible

16 States.

17 ‘‘(2) RESTRICTIONS ON USE.—Amounts made

18 available under this section shall be subject to the

19 restrictions of subsections (a) and (b) of section 292

20 of the Juvenile Justice and Delinquency Prevention

21 Act of 1974, except that the penalties in section

22 292(c) of such Act do not apply.

23 ‘‘(f) GRANTS TO INDIAN TRIBES.—

24 ‘‘(1) RESERVATION OF FUNDS.—Notwith25 standing any other provision of law, from the
506

•S 899 IS

1 amounts appropriated pursuant to section 291 of the

2 Juvenile Justice and Delinquency Prevention Act of

3 1974, for each fiscal year, the Attorney General

4 shall reserve an amount equal to the amount to

5 which all Indian tribes eligible to receive a grant

6 under paragraph (3) would collectively be entitled, if

7 such tribes were collectively treated as a State to

8 carry out this subsection.

9 ‘‘(2) GRANTS TO INDIAN TRIBES.—From the

10 amounts reserved under paragraph (1), the Attorney

11 General shall make grants to Indian tribes for pro12 grams pursuant to the permissible purposes under

13 section 1801.

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

15 grant under this subsection, an Indian tribe shall

16 submit to the Attorney General an application in

17 such form and containing such information as the

18 Attorney General may by regulation require. The re19 quirements of subsection (c) apply to grants under

20 this subsection.

21 ‘‘SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.

22 ‘‘(a) IN GENERAL.—The Attorney General, through

23 the Director of the Bureau of Justice Statistics and with

24 consultation and coordination with the Office of Justice

25 Programs and the Attorney General, upon application
507

•S 899 IS

1 from a State (in such form and containing such informa2 tion as the Attorney General may reasonably require) shall

3 make a grant to each eligible State to be used by the State

4 exclusively for purposes of meeting the eligibility require5 ments of subsection (b).

6 ‘‘(b) ELIGIBILITY.—A State is eligible for a grant

7 under subsection (a) if its application provides assurances

8 that, not later than 3 years after the date on which such

9 application is submitted, the State will—

10 ‘‘(1) maintain, at the adult State central reposi11 tory in accordance with the State’s established prac12 tices and policies relating to adult criminal history

13 records—

14 ‘‘(A) a fingerprint supported record of the

15 adjudication of delinquency of any juvenile who

16 commits an act that, if committed by an adult,

17 would constitute the offense of murder, armed

18 robbery, rape (except statutory rape), or a fel19 ony offense involving sexual molestation of a

20 child, or a conspiracy or attempt to commit any

21 such offense (all as defined by State law), that

22 is equivalent to, and maintained and dissemi23 nated in the same manner and for the same

24 purposes as are adult criminal history records

25 for the same offenses, except that the record
508

•S 899 IS

1 may include a notation of expungement pursu2 ant to State law; and

3 ‘‘(B) a fingerprint supported record of the

4 adjudication of delinquency of any juvenile who

5 commits an act that, if committed by an adult,

6 would be a felony other than a felony described

7 in subparagraph (A) that is equivalent to, and

8 maintained and disseminated in the same man9 ner for any criminal justice purpose as are

10 adult criminal history records for the same of11 fenses, except that the record may include a no12 tation of expungement pursuant to State law;

13 and

14 ‘‘(2) will establish procedures by which an offi15 cial of an elementary, secondary, and post-secondary

16 school may, in appropriate circumstances (as defined

17 by applicable State law), gain access to the juvenile

18 adjudication record of a student enrolled at the

19 school, or a juvenile who seeks, intends, or is in20 structed to enroll at that school, if—

21 ‘‘(A) the official is subject to the same

22 standards and penalties under applicable Fed23 eral and State law relating to the handling and

24 disclosure of information contained in juvenile

25 adjudication records as are employees of law
509

•S 899 IS

1 enforcement and juvenile justice agencies in the

2 State; and

3 ‘‘(B) information contained in the juvenile

4 adjudication record may not be used for the

5 purpose of making an admission determination.

6 ‘‘(c) VALIDITY OF CERTAIN JUDGMENTS.—Nothing

7 in this section shall require States, in order to qualify for

8 grants under this title, to modify laws concerning the sta9 tus of any adjudication of juvenile delinquency or judg10 ment of conviction under the law of the State that entered

11 the judgment.

12 ‘‘(d) DEFINITIONS.—In this section—

13 ‘‘(1) the term ‘criminal justice purpose’ means

14 the use by and within the criminal justice system for

15 the detection, apprehension, detention, pretrial re16 lease, post-trial release, prosecution, adjudication,

17 sentencing, disposition, correctional supervision, or

18 rehabilitation of accused persons, criminal offenders,

19 or juvenile delinquents; and

20 ‘‘(2) the term ‘expungement’ means the nul21 lification of the legal effect of the conviction or adju22 dication to which the record applies.’’.
510

•S 899 IS

1 SEC. 4222. PILOT PROGRAM TO PROMOTE REPLICATION OF

2 RECENT SUCCESSFUL JUVENILE CRIME RE3 DUCTION STRATEGIES.

4 (a) PILOT PROGRAM TO PROMOTE REPLICATION OF

5 RECENT SUCCESSFUL JUVENILE CRIME REDUCTION

6 STRATEGIES.—

7 (1) ESTABLISHMENT.—The Attorney General

8 (or a designee of the Attorney General), in conjunc9 tion with the Secretary of the Treasury (or the des10 ignee of the Secretary), shall establish a pilot pro11 gram (referred to in this section as the ‘‘program’’)

12 to encourage and support communities that adopt a

13 comprehensive approach to suppressing and pre14 venting violent juvenile crime patterned after suc15 cessful State juvenile crime reduction strategies.

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

17 the Attorney General shall—

18 (A) make and track grants to grant recipi19 ents (referred to in this section as ‘‘coalitions’’);

20 (B) in conjunction with the Secretary of

21 the Treasury, provide for technical assistance

22 and training, data collection, and dissemination

23 of relevant information; and

24 (C) provide for the general administration

25 of the program.
511

•S 899 IS

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

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

3 General shall appoint or designate an Administrator

4 (referred to in this section as the ‘‘Administrator’’)

5 to carry out the program.

6 (4) PROGRAM AUTHORIZATION.—To be eligible

7 to receive an initial grant or a renewal grant under

8 this section, a coalition shall meet each of the fol9 lowing criteria:

10 (A) COMPOSITION.—The coalition shall

11 consist of 1 or more representatives of—

12 (i) the local police department or sher13 iff’s department;

14 (ii) the local prosecutors’ office;

15 (iii) the United States Attorney’s of16 fice;

17 (iv) the Federal Bureau of Investiga18 tion;

19 (v) the Bureau of Alcohol, Tobacco

20 and Firearms;

21 (vi) State or local probation officers;

22 (vii) religious affiliated or fraternal

23 organizations involved in crime prevention;

24 (viii) schools;
512

•S 899 IS

1 (ix) parents or local grass roots orga2 nizations such as neighborhood watch

3 groups; and

4 (x) social service agencies involved in

5 crime prevention.

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

7 addition to the representatives from the cat8 egories listed in subparagraph (A), the coalition

9 shall include—

10 (i) representatives from the business

11 community; and

12 (ii) researchers who have studied

13 criminal justice and can offer technical or

14 other assistance.

15 (C) COORDINATED STRATEGY.—A coalition

16 shall submit to the Attorney General, or the At17 torney General’s designee, a comprehensive plan

18 for reducing violent juvenile crime. To be eligi19 ble for consideration, a plan shall—

20 (i) ensure close collaboration among

21 all members of the coalition in suppressing

22 and preventing juvenile crime;

23 (ii) place heavy emphasis on coordi24 nated enforcement initiatives, such as Fed25 eral and State programs that coordinate
513

•S 899 IS

1 local police departments, prosecutors, and

2 local community leaders to focus on the

3 suppression of violent juvenile crime involv4 ing gangs;

5 (iii) ensure that there is close collabo6 ration between police and probation offi7 cers in the supervision of juvenile offend8 ers, such as initiatives that coordinate the

9 efforts of parents, school officials, and po10 lice and probation officers to patrol the

11 streets and make home visits to ensure

12 that offenders comply with the terms of

13 their probation;

14 (iv) ensure that a program is in place

15 to trace all firearms seized from crime

16 scenes or offenders in an effort to identify

17 illegal gun traffickers; and

18 (v) ensure that effective crime preven19 tion programs are in place, such as pro20 grams that provide after-school safe havens

21 and other opportunities for at-risk youth to

22 escape or avoid gang or other criminal ac23 tivity, and to reduce recidivism.

24 (D) ACCOUNTABILITY.—A coalition shall—
514

•S 899 IS

1 (i) establish a system to measure and

2 report outcomes consistent with common

3 indicators and evaluation protocols estab4 lished by the Administrator and that re5 ceives the approval of the Administrator;

6 and

7 (ii) devise a detailed model for meas8 uring and evaluating the success of the

9 plan of the coalition in reducing violent ju10 venile crime, and provide assurances that

11 the plan will be evaluated on a regular

12 basis to assess progress in reducing violent

13 juvenile crime.

14 (5) GRANT AMOUNTS.—

15 (A) IN GENERAL.—The Administrator may

16 grant to an eligible coalition under this para17 graph, an amount not to exceed the amount of

18 non-Federal funds raised by the coalition, in19 cluding in-kind contributions, for that fiscal

20 year.

21 (B) NONSUPPLANTING REQUIREMENT.—A

22 coalition seeking funds shall provide reasonable

23 assurances that funds made available under this

24 program to States or units of local government

25 shall be so used as to supplement and increase
515

•S 899 IS

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

2 and other non-Federal funds that would in the

3 absence of such Federal funds be made avail4 able for programs described in this section, and

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

6 other non-Federal funds.

7 (C) SUSPENSION OF GRANTS.—If a coali8 tion fails to continue to meet the criteria set

9 forth in this section, the Administrator may

10 suspend the grant, after providing written no11 tice to the grant recipient and an opportunity

12 to appeal.

13 (D) RENEWAL GRANTS.—Subject to sub14 paragraph (D), the Administrator may award a

15 renewal grant to grant recipient under this sub16 paragraph for each fiscal year following the fis17 cal year for which an initial grant is awarded,

18 in an amount not to exceed the amount of non19 Federal funds raised by the coalition, including

20 in-kind contributions, for that fiscal year, dur21 ing the 4-year period following the period of the

22 initial grant.

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

24 award under this section may not exceed

25 $300,000 for a fiscal year.
516

•S 899 IS

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

2 receiving funds under this section may expend such

3 Federal funds on any use or program that is con4 tained in the plan submitted to the Administrator.

5 (7) CONGRESSIONAL CONSULTATION.—

6 (A) IN GENERAL.—Two years after the

7 date of implementation of the program estab8 lished in this section, the Comptroller General

9 of the United States shall submit to Congress

10 a report reviewing the effectiveness of the pro11 gram in suppressing and reducing violent juve12 nile crime in the participating communities.

13 (B) CONTENTS OF REPORT.—The report

14 submitted under subparagraph (A) shall

15 include—

16 (i) an analysis of each community

17 participating in the program, along with

18 information regarding the plan undertaken

19 in the community, and the effectiveness of

20 the plan in reducing violent juvenile crime;

21 and

22 (ii) recommendations regarding the ef23 ficacy of continuing the program.

24 (b) INFORMATION COLLECTION AND DISSEMINATION

25 WITH RESPECT TO COALITIONS.—
517

•S 899 IS

1 (1) COALITION INFORMATION.—For the pur2 pose of audit and examination, the Attorney

3 General—

4 (A) shall have access to any books, docu5 ments, papers, and records that are pertinent to

6 any grant or grant renewal request under this

7 section; and

8 (B) may periodically request information

9 from a coalition to ensure that the coalition

10 meets the applicable criteria.

11 (2) REPORTING.—The Attorney General shall,

12 to the maximum extent practicable and in a manner

13 consistent with applicable law, minimize reporting

14 requirements by a coalition and expedite any appli15 cation for a renewal grant made under this section.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There is authorized to be

18 appropriated to carry out this section $3,000,000 for

19 each of fiscal years 2000 through 2003.

20 (2) SOURCE OF SUMS.—Amounts authorized to

21 be appropriated pursuant to this subsection may be

22 derived from the Violent Crime Reduction Trust

23 Fund.
518

•S 899 IS

1 SEC. 4223. REPEAL OF UNNECESSARY AND DUPLICATIVE

2 PROGRAMS.

3 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE4 MENT ACT OF 1994.—

5 (1) TITLE III.—Title III of the Violent Crime

6 Control and Law Enforcement Act of 1994 (42

7 U.S.C. 13741 et seq.) is amended by striking sub8 titles A through C, and subtitles G through S.

9 (2) TITLE XXVII.—Title XXVII of the Violent

10 Crime Control and Law Enforcement Act of 1994

11 (42 U.S.C. 14191 et seq.) is repealed.

12 (b) REFORM OF GREAT PROGRAM.—Section

13 32401(a) of the Violent Crime Control and Law Enforce14 ment Act of 1994 (42 U.S.C. 13921(a)) is amended—

15 (1) by striking paragraph (2) and inserting the

16 following:

17 ‘‘(2) SELECTION OF COMMUNITIES.—

18 ‘‘(A) IN GENERAL.—Each community iden19 tified for a GREAT project referred to in para20 graph (1) shall be selected by the Secretary of

21 the Treasury on the basis of—

22 ‘‘(i) the level of gang activity and

23 youth violence in the area in which the

24 community is located;
519

•S 899 IS

1 ‘‘(ii) the number of schools in the

2 community in which training would be pro3 vided under the project;

4 ‘‘(iii) the number of students who

5 would receive the training referred to in

6 clause (ii) in schools referred to in that

7 clause; and

8 ‘‘(iv) a written description from offi9 cials of the community explaining the man10 ner in which funds made available to the

11 community under this section would be al12 located.

13 ‘‘(B) EQUITABLE SELECTION.—The Sec14 retary of the Treasury shall ensure that—

15 ‘‘(i) communities are identified and

16 selected for GREAT projects under this

17 subsection on an equitable geographic basis

18 (except that this clause shall not be con19 strued to require the termination of any

20 projects selected prior to the beginning of

21 fiscal year 1999); and

22 ‘‘(ii) the communities referred to in

23 clause (i) include rural communities.’’; and

24 (2) in paragraph (3)—
520

•S 899 IS

1 (A) in subparagraph (A), by striking ‘‘50

2 percent’’ and inserting ‘‘85 percent’’; and

3 (B) in subparagraph (B), by striking ‘‘50

4 percent’’ and inserting ‘‘15 percent’’.

5 SEC. 4224. EXTENSION OF VIOLENT CRIME REDUCTION

6 TRUST FUND.

7 Section 310001(b) of the Violent Crime Control and

8 Law Enforcement Act of 1994 (42 U.S.C. 14211(b)) is

9 amended—

10 (1) in paragraph (5), by striking ‘‘and’’ at the

11 end;

12 (2) in paragraph (6), by striking the period at

13 the end and inserting ‘‘; and’’; and

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

15 ‘‘(7) for fiscal year 2001, $1,000,000,000.’’.

16 SEC. 4225. REIMBURSEMENT OF STATES FOR COSTS OF IN17 CARCERATING JUVENILE ALIENS.

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

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

20 amended—

21 (1) in subsection (a), by inserting ‘‘or illegal ju22 venile alien who has been adjudicated delinquent and

23 committed to a juvenile correctional facility by such

24 State or locality’’ before the period;
521

•S 899 IS

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

2 any juvenile alien who has been adjudicated delin3 quent and has been committed to a correctional fa4 cility)’’ before ‘‘who is in the United States unlaw5 fully’’; and

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

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

8 the term ‘juvenile alien’ means an alien (as defined in sec9 tion 101(a)(3) of the Immigration and Nationality Act)

10 who has been adjudicated delinquent and committed to a

11 correctional facility by a State or locality as a juvenile of12 fender.’’.

13 (b) ANNUAL REPORT.—Section 332 of the Illegal Im14 migration Reform and Immigrant Responsibility Act of

15 1996 (8 U.S.C. 1366) is amended—

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

17 (3);

18 (2) by striking the period at the end of para19 graph (4) and inserting ‘‘; and’’; and

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

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

22 are committed to State or local juvenile correctional

23 facilities, including the type of offense committed by

24 each juvenile.’’.
522

•S 899 IS

1 (c) TECHNICAL AND CONFORMING AMENDMENT.—

2 Section 241(i)(3)(B) of the Immigration and Nationality

3 Act (8 U.S.C. 1231(i)(3)(B)) is amended—

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

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

6 (iii) and inserting ‘‘; or’’; and

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

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

9 whom section 501 of the Immigration Re10 form and Control Act of 1986 applies.’’.

11 SEC. 4226. SENSE OF CONGRESS.

12 (a) FINDINGS.—Congress finds that—

13 (1) juveniles between the ages of 10 years and

14 14 years are committing an increasing number of

15 murders and other serious crimes;

16 (2) on March 24, 1998, 11-year-old Andrew

17 Golden and 13-year-old Mitchell Johnson shot and

18 killed 4 fellow students and a teacher and injured 10

19 additional students in Jonesboro, Arkansas;

20 (3) Golden and Mitchell executed an elaborate

21 scheme to carry out their preplanned attack, includ22 ing faking illness to miss school, stealing a vehicle

23 from a parent, attempting to use a blowtorch and

24 hammer to break into a locked gun safe, breaking a

25 window to gain access to a grandparent’s house and
523

•S 899 IS

1 steal several firearms from the house, and pulling a

2 fire alarm to draw the students and teachers from

3 the school out into the open;

4 (4) under Arkansas State law, neither of the

5 gunmen could be charged as an adult despite the vi6 ciousness of the crimes and the clear and well7 planned intent demonstrated by the gunmen in car8 rying out their scheme;

9 (5) the tragedy in Jonesboro, Arkansas, is, un10 fortunately, an all too common occurrence in the

11 United States;

12 (6) few States have laws that allow individuals

13 between the ages of 10 years and 14 years to be

14 tried as adults, even if they commit an offense that,

15 if committed by an adult, would be a felony offense

16 for which the maximum penalty is a sentence of

17 death; and

18 (7) the juvenile and criminal justice systems in

19 the United States are not yet equipped to handle the

20 sad reality that 11- and 13-year-old individuals are

21 committing crimes that shock the Nation’s con22 science and that would often result in a sentence of

23 death if the offenders were older.

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that each State should enact legislation to provide
524

•S 899 IS

1 that, on motion of the prosecution and with approval of

2 a court, an individual who is not less than 10 years of

3 age and not more than 14 years of age, may be tried as

4 an adult and, upon conviction, may be subject to any pen5 alty (other than a sentence of death) if the individual is

6 charged with an offense that, if committed by an adult,

7 would be a felony offense for which the maximum penalty

8 is a sentence of death.

9 CHAPTER 3—ALTERNATIVE EDUCATION

10 AND DELINQUENCY PREVENTION

11 SEC. 4231. ALTERNATIVE EDUCATION.

12 Part D of title I of the Elementary and Secondary

13 Education Act of 1965 (20 U.S.C. 6421 et seq.) is amend14 ed by adding at the end the following:

15 ‘‘Subpart 4—Alternative Education Demonstration

16 Project Grants

17 ‘‘SEC. 1441. PROGRAM AUTHORITY.

18 ‘‘(a) GRANTS.—

19 ‘‘(1) IN GENERAL.—From amounts appro20 priated under section 1443, the Secretary, in con21 sultation with the Administrator, shall make grants

22 to State educational agencies or local educational

23 agencies for not less than 10 demonstration projects

24 that enable the agencies to develop models for and

25 carry out alternative education for at-risk youth.
525

•S 899 IS

1 ‘‘(2) CONSTRUCTION.—Nothing in this subpart

2 shall be construed to affect the requirements of the

3 Individuals with Disabilities Education Act.

4 ‘‘(b) DEMONSTRATION PROJECTS.—

5 ‘‘(1) PARTNERSHIPS.—Each agency receiving a

6 grant under this subpart may enter into a partner7 ship with a private sector entity to provide alter8 native educational services to at-risk youth.

9 ‘‘(2) REQUIREMENTS.—Each demonstration

10 project assisted under this subpart shall—

11 ‘‘(A) accept for alternative education at12 risk or delinquent youth who are referred by a

13 local school or by a court with a juvenile delin14 quency docket and who—

15 ‘‘(i) have demonstrated a pattern of

16 serious and persistent behavior problems in

17 regular schools;

18 ‘‘(ii) are at risk of dropping out of

19 school;

20 ‘‘(iii) have been convicted of a crimi21 nal offense or adjudicated delinquent for

22 an act of juvenile delinquency, and are

23 under a court’s supervision; or

24 ‘‘(iv) have demonstrated that contin25 ued enrollment in a regular classroom—
526

•S 899 IS

1 ‘‘(I) poses a physical threat to

2 other students; or

3 ‘‘(II) inhibits an atmosphere con4 ducive to learning; and

5 ‘‘(B) provide for accelerated learning, in a

6 safe, secure, and disciplined environment,

7 including—

8 ‘‘(i) basic curriculum focused on mas9 tery of essential skills, including targeted

10 instruction in basic skills required for sec11 ondary school graduation; and

12 ‘‘(ii) emphasis on—

13 ‘‘(I) personal, academic, social,

14 and workplace skills; and

15 ‘‘(II) behavior modification.

16 ‘‘(c) APPLICABILITY.—Except as provided in sub17 sections (c) and (e) of section 1442, the provisions of sec18 tion 1401(c), 1402, and 1431, and subparts 1 and 2, shall

19 not apply to this subpart.

20 ‘‘(d) DEFINITION OF ADMINISTRATOR.—In this sub21 part, the term ‘Administrator’ means the Administrator

22 of the Office of Juvenile Crime Control and Prevention

23 of the Department of Justice.
527

•S 899 IS

1 ‘‘SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

2 ‘‘(a) APPLICATIONS.—Each State educational agency

3 and local educational agency seeking a grant under this

4 subpart shall submit an application in such form, and con5 taining such information, as the Secretary, in consultation

6 with the Administrator, may reasonably require.

7 ‘‘(b) SELECTION OF GRANTEES.—

8 ‘‘(1) IN GENERAL.—The Secretary shall select

9 State educational agencies and local educational

10 agencies to receive grants under this subpart on an

11 equitable geographic basis, including selecting agen12 cies that serve urban, suburban, and rural popu13 lations.

14 ‘‘(2) MINIMUM.—The Secretary shall award a

15 grant under this subpart to not less than 1 agency

16 serving a population with a significant percentage of

17 Native Americans.

18 ‘‘(3) PRIORITY.—In awarding grants under this

19 subpart, the Secretary may give priority to State

20 educational agencies and local educational agencies

21 that demonstrate in the application submitted under

22 subsection (a) that the State has a policy of equi23 tably distributing resources among school districts in

24 the State.
528

•S 899 IS

1 ‘‘(c) QUALIFICATIONS.—To qualify for a grant under

2 this subpart, a State educational agency or local edu3 cational agency shall—

4 ‘‘(1) in the case of a State educational agency,

5 have submitted a State plan under section 1414(a)

6 that is approved by the Secretary;

7 ‘‘(2) in the case of a local educational agency,

8 have submitted an application under section 1423

9 that is approved by the State educational agency;

10 ‘‘(3) certify that the agency will comply with

11 the restrictions of section 292 of the Juvenile Jus12 tice and Delinquency Prevention Act of 1974;

13 ‘‘(4) explain the educational and juvenile justice

14 needs of the community to be addressed by the dem15 onstration project;

16 ‘‘(5) provide a detailed plan to implement the

17 demonstration project; and

18 ‘‘(6) provide assurances and an explanation of

19 the agency’s ability to continue the program funded

20 by the demonstration project after the termination

21 of Federal funding under this subpart.

22 ‘‘(d) MATCHING REQUIREMENT.—

23 ‘‘(1) IN GENERAL.—Grant funds provided

24 under this subpart shall not constitute more than 35
529

•S 899 IS

1 percent of the cost of the demonstration project

2 funded.

3 ‘‘(2) SOURCE OF FUNDS.—Matching funds for

4 grants under this subpart may be derived from

5 amounts available under section 205, or part B of

6 title II, of the Juvenile Justice and Delinquency Pre7 vention Act of 1974 (42 U.S.C. 5611 et seq.) to the

8 State in which the demonstration project will be car9 ried out, except that the total share of funds derived

10 from Federal sources shall not exceed 50 percent of

11 the cost of the demonstration project.

12 ‘‘(e) PROGRAM EVALUATION.—

13 ‘‘(1) IN GENERAL.—Each State educational

14 agency or local educational agency that receives a

15 grant under this subpart shall evaluate the dem16 onstration project assisted under this subpart in the

17 same manner as programs are evaluated under sec18 tion 1431. In addition, the evaluation shall include—

19 ‘‘(A) an evaluation of the effect of the al20 ternative education project on order, discipline,

21 and an effective learning environment in reg22 ular classrooms;

23 ‘‘(B) an evaluation of the project’s effec24 tiveness in improving the skills and abilities of

25 at-risk students assigned to alternative edu-
530

•S 899 IS

1 cation, including an analysis of the academic

2 and social progress of such students; and

3 ‘‘(C) an evaluation of the project’s effec4 tiveness in reducing juvenile crime and delin5 quency, including—

6 ‘‘(i) reductions in incidents of campus

7 crime in relevant school districts, compared

8 with school districts not included in the

9 project; and

10 ‘‘(ii) reductions in recidivism by at11 risk students who have juvenile justice sys12 tem involvement and are assigned to alter13 native education.

14 ‘‘(2) EVALUATION BY THE SECRETARY.—The

15 Secretary, in cooperation with the Administrator,

16 shall comparatively evaluate each of the demonstra17 tion projects funded under this subpart, including an

18 evaluation of the effectiveness of private sector edu19 cational services, and shall report the findings of the

20 evaluation to the Committee on Education and the

21 Workforce of the House of Representatives and the

22 Committees on the Judiciary and Health, Education,

23 Labor and Pensions of the Senate not later than

24 June 30, 2005.
531

•S 899 IS

1 ‘‘SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to carry out

3 this subpart $15,000,000 for each of fiscal years 2000,

4 2001, 2002, and 2003.’’.

5 Subtitle C—General Provisions

6 SEC. 4301. PROHIBITION ON FIREARMS POSSESSION BY

7 VIOLENT JUVENILE OFFENDERS.

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

9 United States Code, is amended—

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

11 (2) by redesignating subparagraphs (A) and

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

13 (3) by inserting after subparagraph (A) the fol14 lowing:

15 ‘‘(B) For purposes of subsections (d) and (g) of sec16 tion 922, the term ‘act of violent juvenile delinquency’

17 means an adjudication of delinquency in Federal or State

18 court, based on a finding of the commission of an act by

19 a person prior to his or her eighteenth birthday that, if

20 committed by an adult, would be a serious or violent fel21 ony, as defined in section 3559(c)(2)(F)(i) had Federal

22 jurisdiction existed and been exercised (except that section

23 3559(c)(3) shall not apply to this subparagraph).’’; and

24 (4) in the undesignated paragraph following

25 subparagraph (B) (as added by paragraph (3) of

26 this subsection), by striking ‘‘What constitutes’’ and
532

•S 899 IS

1 all that follows through ‘‘this chapter,’’ and inserting

2 the following:

3 ‘‘(C) What constitutes a conviction of such a crime

4 or an adjudication of an act of violent juvenile delinquency

5 shall be determined in accordance with the law of the ju6 risdiction in which the proceedings were held. Any State

7 conviction or adjudication of an act of violent juvenile de8 linquency that has been expunged or set aside, or for

9 which a person has been pardoned or has had civil rights

10 restored, by the jurisdiction in which the conviction or ad11 judication of an act of violent juvenile delinquency oc12 curred shall not be considered to be a conviction or adju13 dication of an act of violent juvenile delinquency for pur14 poses of this chapter,’’.

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

16 States Code, is amended—

17 (1) in subsection (d)—

18 (A) in paragraph (8), by striking ‘‘or’’ at

19 the end;

20 (B) in paragraph (9), by striking the pe21 riod at the end and inserting ‘‘; or’’; and

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

23 following:

24 ‘‘(10) has committed an act of violent juvenile

25 delinquency.’’; and
533

•S 899 IS

1 (2) in subsection (g)—

2 (A) in paragraph (8), by striking ‘‘or’’ at

3 the end;

4 (B) in paragraph (9), by striking the

5 comma at the end and inserting ‘‘; or’’; and

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

7 following:

8 ‘‘(10) who has committed an act of violent juve9 nile delinquency,’’.

10 (c) EFFECTIVE DATE OF ADJUDICATION PROVI11 SIONS.—The amendments made by this section shall only

12 apply to an adjudication of an act of violent juvenile delin13 quency that occurs after the date that is 30 days after

14 the date on which the Attorney General certifies to Con15 gress and separately notifies Federal firearms licensees,

16 through publication in the Federal Register by the Sec17 retary of the Treasury, that the records of such adjudica18 tions are routinely available in the national instant crimi19 nal background check system established under section

20 103(b) of the Brady Handgun Violence Prevention Act.

21 SEC. 4302. PROTECTING JUVENILES FROM ALCOHOL

22 ABUSE.

23 The Act entitled ‘‘An Act divesting intoxicating liq24 uors of their interstate character in certain cases’’, ap25 proved March 1, 1913 (commonly known as the ‘‘Webb-
534

•S 899 IS

1 Kenyon Act’’) (27 U.S.C. 122) is amended by adding at

2 the end the following:

3 ‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT

4 COURT.

5 ‘‘(a) DEFINITIONS.—In this section—

6 ‘‘(1) the term ‘attorney general’ means the at7 torney general or other chief law enforcement officer

8 of a State, or the designee thereof;

9 ‘‘(2) the term ‘intoxicating liquor’ means any

10 spirituous, vinous, malted, fermented, or other in11 toxicating liquor of any kind;

12 ‘‘(3) the term ‘person’ means any individual

13 and any partnership, corporation, company, firm, so14 ciety, association, joint stock company, trust, or

15 other entity capable of holding a legal or beneficial

16 interest in property, but does not include a State or

17 agency thereof; and

18 ‘‘(4) the term ‘State’ means any State of the

19 United States, the District of Columbia, the Com20 monwealth of Puerto Rico, or any territory or pos21 session of the United States.

22 ‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If

23 the attorney general of a State has reasonable cause to

24 believe that a person is engaged in, is about to engage

25 in, or has engaged in, any act that would constitute a vio-
535

•S 899 IS

1 lation of a State law regulating the importation or trans2 portation of any intoxicating liquor, the attorney general

3 may bring a civil action in accordance with this section

4 for injunctive relief (including a preliminary or permanent

5 injunction or other order) against the person, as the attor6 ney general determines to be necessary to—

7 ‘‘(1) restrain the person from engaging, or con8 tinuing to engage, in the violation; and

9 ‘‘(2) enforce compliance with the State law.

10 ‘‘(c) FEDERAL JURISDICTION.—

11 ‘‘(1) IN GENERAL.—The district courts of the

12 United States shall have jurisdiction over any action

13 brought under this section.

14 ‘‘(2) VENUE.—An action under this section

15 may be brought only in accordance with section

16 1391 of title 28, United States Code.

17 ‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND OR18 DERS.—

19 ‘‘(1) IN GENERAL.—In any action brought

20 under this section, upon a proper showing by the at21 torney general of the State, the court shall issue a

22 preliminary or permanent injunction or other order

23 without requiring the posting of a bond.
536

•S 899 IS

1 ‘‘(2) NOTICE.—No preliminary or permanent

2 injunction or other order may be issued under para3 graph (1) without notice to the adverse party.

4 ‘‘(3) FORM AND SCOPE OF ORDER.—Any pre5 liminary or permanent injunction or other order en6 tered in an action brought under this section shall—

7 ‘‘(A) set forth the reasons for the issuance

8 of the order;

9 ‘‘(B) be specific in terms;

10 ‘‘(C) describe in reasonable detail, and not

11 by reference to the complaint or other docu12 ment, the act or acts to be restrained; and

13 ‘‘(D) be binding only upon—

14 ‘‘(i) the parties to the action and the

15 officers, agents, employees, and attorneys

16 of those parties; and

17 ‘‘(ii) persons in active cooperation or

18 participation with the parties to the action

19 who receive actual notice of the order by

20 personal service or otherwise.

21 ‘‘(e) CONSOLIDATION OF HEARING WITH TRIAL ON

22 MERITS.—

23 ‘‘(1) IN GENERAL.—Before or after the com24 mencement of a hearing on an application for a pre25 liminary or permanent injunction or other order
537

•S 899 IS

1 under this section, the court may order the trial of

2 the action on the merits to be advanced and consoli3 dated with the hearing on the application.

4 ‘‘(2) ADMISSIBILITY OF EVIDENCE.—If the

5 court does not order the consolidation of a trial on

6 the merits with a hearing on an application de7 scribed in paragraph (1), any evidence received upon

8 an application for a preliminary or permanent in9 junction or other order that would be admissible at

10 the trial on the merits shall become part of the

11 record of the trial and shall not be required to be

12 received again at the trial.

13 ‘‘(f) NO RIGHT TO TRIAL BY JURY.—An action

14 brought under this section shall be tried before the court.

15 ‘‘(g) ADDITIONAL REMEDIES.—

16 ‘‘(1) IN GENERAL.—A remedy under this sec17 tion is in addition to any other remedies provided by

18 law.

19 ‘‘(2) STATE COURT PROCEEDINGS.—Nothing in

20 this section may be construed to prohibit an author21 ized State official from proceeding in State court on

22 the basis of an alleged violation of any State law.’’.
538

•S 899 IS

1 TITLE V—PROTECTING VICTIMS

2 OF CRIME

3 Subtitle A—Victims Rights

4 SEC. 5001. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Victims Rights Act

6 of 1999’’.

7 CHAPTER 1—GENERAL REFORMS

8 SEC. 5101. VICTIM ALLOCUTION IN PRETRIAL DETENTION

9 PROCEEDINGS.

10 (a) PENDING TRIAL.—Section 3141(a) of title 18,

11 United States Code, is amended by striking ‘‘A judicial’’

12 and inserting ‘‘After considering all relevant information,

13 including the views of the victims, a judicial’’.

14 (b) DETENTION HEARING.—Section 3142(f) of title

15 18, United States Code, is amended by inserting before

16 ‘‘The facts the judicial officer uses’’ the following: ‘‘Each

17 victim of the offense, if present in person or through coun18 sel, shall be afforded an opportunity to address the court

19 on the issue of detention, either in person or through coun20 sel. A victim who, at the time of the hearing under this

21 subsection, is incarcerated in any Federal, State, or local

22 correctional or detention facility, shall not have the right

23 to appear in person, but shall be afforded a reasonable

24 opportunity to present views by alternate means.’’.
539

•S 899 IS

1 (c) FACTORS TO BE CONSIDERED.—Section 3142(g)

2 of title 18, United States Code, is amended—

3 (1) in paragraph (3), by striking ‘‘and’’ at the

4 end;

5 (2) by redesignating paragraph (4) as para6 graph (5); and

7 (3) by inserting after paragraph (3) the fol8 lowing:

9 ‘‘(4) the views of the victim; and’’.

10 (d) RIGHT TO BE NOTIFIED OF DETENTION HEAR11 ING AND RIGHT TO BE HEARD ON THE ISSUE OF DETEN12 TION.—Section 3142 of title 18, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(k) NOTIFICATION OF RIGHT TO BE HEARD.—

15 ‘‘(1) IN GENERAL.—Prior to any detention

16 hearing scheduled pursuant to subsection (f)—

17 ‘‘(A) the Government shall make a reason18 able effort to notify the victim of the hearing,

19 and of the right of the victim to be heard on

20 the issue of detention; and

21 ‘‘(B) at the hearing under subsection (f),

22 the court shall inquire of the Government as to

23 whether the efforts at notification of the victim

24 under subparagraph (A) were successful and, if

25 so, whether the victim wishes to be heard on
540

•S 899 IS

1 the issue of detention and, if so, shall afford the

2 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

6 verification has been attempted, the Court shall use

7 appropriate measures to protect the integrity of the

8 identification process.

9 ‘‘(3) VICTIM CONTACT INFORMATION.—With re10 spect to any case described in paragraph (1), the

11 victim shall notify the appropriate authority of an

12 address or other means of contact by which notifica13 tion under this subsection may be made. The con14 fidentiality of any information relating to a victim

15 shall be maintained.’’.

16 SEC. 5102. VICTIM DEFINED.

17 Section 3156(a) of title 18, United States Code, is

18 amended—

19 (1) in paragraph (4), by striking ‘‘and’’ at the

20 end;

21 (2) in paragraph (5), by striking the period at

22 the end and inserting ‘‘; and’’; and

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

24 ‘‘(6) the term ‘victim’—

25 ‘‘(A) means an individual harmed—
541

•S 899 IS

1 ‘‘(i) as a result of a commission of an

2 offense involving death or bodily injury to

3 any person, a sexual assault, or an at4 tempted sexual assault; or

5 ‘‘(ii) by any fraud or misrepresenta6 tion relating to a sale or other tract for

7 any item, benefit, product, or service; and

8 ‘‘(B) includes—

9 ‘‘(i) in the case of a victim who is less

10 than 18 years of age or incompetent, the

11 parent or legal guardian of the victim;

12 ‘‘(ii) in the case of a victim who is de13 ceased or incapacitated, 1 or more family

14 members designated by the court; and

15 ‘‘(iii) any other person appointed by

16 the court to represent the victim, except

17 that in no event shall a defendant be ap18 pointed as the representative or guardian

19 of the victim.’’.

20 SEC. 5103. RIGHT OF VICTIM TO SPEEDY TRIAL.

21 Section 3161(h)(8)(B) of title 18, United States

22 Code, is amended by adding at the end the following:

23 ‘‘(v) The interests of the victim (or the

24 family of a victim who is deceased or incapaci-
542

•S 899 IS

1 tated) in the prompt and appropriate disposi2 tion of the case, free from unreasonable delay.’’.

3 SEC. 5104. RIGHT OF VICTIM TO JUST SENTENCE.

4 (a) IN GENERAL.—Section 3553 of title 18, United

5 States Code, is amended—

6 (1) in subsection (a)—

7 (A) by redesignating paragraphs (6) and

8 (7) as paragraphs (7) and (8), respectively; and

9 (B) by inserting after paragraph (5) the

10 following:

11 ‘‘(6) the views of the victim if such views are

12 presented to the court;’’;

13 (2) by redesignating subsections (b) through (f)

14 as subsections (c) through (g), respectively; and

15 (3) by inserting after subsection (a) the fol16 lowing:

17 ‘‘(b) VICTIM’S RIGHT TO ATTENDANCE AND ALLOCU18 TION AT SENTENCING.—

19 ‘‘(1) VICTIM DEFINED.—In this subsection, the

20 term ‘victim’ has the meaning given the term in sec21 tion 3156.

22 ‘‘(2) RIGHT TO ATTENDANCE.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), each victim of an offense shall have

25 the right to be present at the sentencing pro-
543

•S 899 IS

1 ceedings of a defendant convicted of the offense

2 conducted pursuant to this chapter or chapter

3 228.

4 ‘‘(B) INCARCERATED VICTIMS.—A victim

5 who, at the time that the sentencing pro6 ceedings of a defendant are conducted, is incar7 cerated in any Federal, State, or local correc8 tional or detention facility, shall not have the

9 right to appear in person at sentencing pro10 ceedings of a defendant, but shall be afforded

11 a reasonable opportunity to present views by al12 ternate means.

13 ‘‘(3) RIGHT TO ADDRESS COURT.—

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), before the imposition of sentence

16 under this chapter, each victim of the offense,

17 if present in person or through counsel, shall be

18 afforded an opportunity to address the court on

19 the issue of sentencing, including the presen20 tation of—

21 ‘‘(i) information relating to the extent

22 and scope of the injury or loss suffered by

23 the victim or the family of the victim as a

24 result of the offense;
544

•S 899 IS

1 ‘‘(ii) information relating to the im2 pact of the offense on the victim or the

3 family of the victim; and

4 ‘‘(iii) recommendations regarding an

5 appropriate sentence for the defendant, ex6 cept that nothing in this clause may be

7 construed to authorize the imposition of a

8 sentence not otherwise authorized by law.

9 ‘‘(B) LIMITATIONS.—The court may rea10 sonably limit the number of victims permitted

11 to address the court personally or through

12 counsel under this paragraph, if the court finds,

13 from facts on the record, that the number of

14 victims is so large that affording each victim an

15 opportunity to address the court would—

16 ‘‘(i) amount to cumulative victim im17 pact information; and

18 ‘‘(ii) prolong the sentencing process to

19 the degree that the need to permit each

20 victim an opportunity to address the court

21 is substantially outweighed by the burden

22 on the sentencing process.

23 ‘‘(4) SUBMISSION OF WRITTEN STATEMENT.—A

24 victim, whether or not present in person or through

25 counsel at a sentencing proceeding, may provide the
545

•S 899 IS

1 court a written statement, which may include any in2 formation or recommendations described in para3 graph (2)(A), in addition to or in lieu of addressing

4 the court under that paragraph. A victim not per5 mitted to address the court under paragraph (2)(B)

6 shall have the right to provide a written statement

7 under this paragraph.

8 ‘‘(5) FAILURE TO ATTEND TRIAL.—The attend9 ance of the victim at all or part of, or testimony dur10 ing, the trial of the defendant shall not be construed

11 to prevent a victim from exercising the right to at12 tend sentencing or address the court or to otherwise

13 present to the court information pursuant to this

14 subsection.

15 ‘‘(6) TESTIMONY.—No oral statement made or

16 written statement submitted under this subsection

17 shall be considered to be testimony under any other

18 provision of law.

19 ‘‘(7) NOTICE.—The court shall provide reason20 able notice to each victim of the right to attend and

21 address the court or otherwise present to the court

22 information pursuant to this subsection, including

23 notice of the scheduled date, time, and place of the

24 sentencing hearing. Notice under this paragraph
546

•S 899 IS

1 may be consolidated with the notice under section

2 3664(d)(2).

3 (b) HEARING BEFORE A COURT OR JURY.—Section

4 3593(b) of title 18, United States Code, is amended by

5 adding at the end the following: ‘‘The provisions of section

6 3553(b), relating to attendance and allocation by victims,

7 shall apply to hearings under this subsection.’’.

8 (c) RULES OF CRIMINAL PROCEDURE.—Pursuant to

9 chapter 131 title 28, United States Code, the Supreme

10 Court may prescribe amendments to rules of criminal pro11 cedure, consistent with this section and the amendments

12 made by this section.

13 SEC. 5105. RIGHT OF VICTIM TO NOTICE OF RELEASE OR

14 ESCAPE.

15 (a) IN GENERAL.—Section 3621(a) of title 18,

16 United States Code, is amended by adding at the end the

17 following: ‘‘Notice of commitment shall be provided to

18 each victim of the offense for which the person is com19 mitted under this subsection.’’.

20 (b) NOTICE OF INCARCERATION OR RELEASE.—

21 (1) IN GENERAL.—Chapter 229 of title 18,

22 United States Code, is amended by adding at the

23 end the following:
547

•S 899 IS

1 ‘‘§ 3627. Notice to victims of incarceration or release

2 of defendants

3 ‘‘(a) IN GENERAL.—The Bureau of Prisons shall en4 sure that reasonable notice is provided to each victim of

5 an offense for which a person is imprisoned pursuant to

6 this subchapter—

7 ‘‘(1) not less than 30 days before such the re8 lease of that person under section 3624, assignment

9 of that person to pre-release custody section

10 3624(c), or transfer of that person under section

11 3623;

12 ‘‘(2) not less than 10 days before the temporary

13 release of that person under section 3622;

14 ‘‘(3) not less than 12 hours after discovery that

15 such person has escaped;

16 ‘‘(4) not less than 12 hours after the return to

17 custody of such person after an escape; and

18 ‘‘(5) at such other times as is reasonable before

19 any other form of release of that person as may

20 occur.

21 ‘‘(b) APPLICABILITY.—This section applies to any es22 cape, work release, furlough, or any other form of release

23 from a psychiatric institution or other facility that pro24 vides mental or other health services to persons in the cus25 tody of the Bureau of Prisons.
548

•S 899 IS

1 ‘‘(c) VICTIM CONTACT INFORMATION.—It shall be

2 the responsibility of a victim to notify the Bureau of Pris3 ons, by means of a form to be provided by the Attorney

4 General, of any change in the mailing address of the vic5 tim, or other means of contacting the victim, while the

6 defendant is subject to imprisonment. The Bureau of Pris7 ons shall ensure the confidentiality of any information re8 lating to a victim.’’.

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—The analysis for chapter 229 of title 18,

11 United States Code, is amended by adding at the

12 end the following:

‘‘3627. Notice to victims of incarceration or release of defendants.’’.

13 SEC. 5106. RIGHTS OF VICTIMS IN PLEA AGREEMENTS.

14 (a) IN GENERAL.—Rule 11 of the Federal Rules of

15 Criminal Procedure is amended—

16 (1) in subdivision (e)—

17 (A) in paragraph (1), by striking the last

18 sentence and inserting the following: ‘‘To the

19 extent practicable, and subject to the provisions

20 of subdivision (i)(3), the attorney for the gov21 ernment shall consult with the victims of all of22 fenses chargeable to the defendant regarding

23 any agreement with the defendant. The attor24 ney for the government may impose, and re25 quest the court to enforce, such confidentiality
549

•S 899 IS

1 requirements on the victim relating to discus2 sions under this paragraph as the attorney for

3 the government deems appropriate. Except as

4 provided by subdivision (i)(4), the court shall

5 not participate in any discussions under this

6 paragraph.’’; and

7 (B) in paragraph (2), by adding at the end

8 the following: ‘‘In determining whether to ac9 cept or reject the agreement, the court shall

10 consider the views of the victim provided pursu11 ant to subdivision (i), giving to such views

12 weight as the court determines to be appro13 priate.’’; and

14 (2) by adding at the end the following:

15 ‘‘(i) RIGHTS OF VICTIMS.—

16 ‘‘(1) VICTIM DEFINED.—In this rule, the term

17 ‘victim’ has the meaning given the term in section

18 3156 of title 18, United States Code.

19 ‘‘(2) NOTIFICATION OF PLEA AGREEMENT

20 HEARINGS.—The Government, before a hearing at

21 which a plea of guilty or nolo contendere is entered,

22 shall, except as provided in paragraph (4), make

23 reasonable efforts to notify the victim of—

24 ‘‘(A) the date and time of the hearing;
550

•S 899 IS

1 ‘‘(B) the elements of the proposed plea or

2 plea agreement; and

3 ‘‘(C) the right of the victim to attend the

4 hearing, and, if present, to address the court

5 personally or through counsel on the views of

6 the victim on the proposed plea or plea agree7 ment.

8 ‘‘(3) OPPORTUNITY TO BE HEARD ON PLEA

9 AGREEMENT.—If the victim attends a hearing de10 scribed in paragraph (2), the court, before accepting

11 a plea of guilty or nolo contendere, shall afford the

12 victim, either personally or through counsel, an op13 portunity to be heard on the proposed plea or plea

14 agreement.

15 ‘‘(4) WRITTEN STATEMENT.—A victim, whether

16 or not present in person or through counsel, may

17 provide the court a written statement of the views

18 of the victims regarding a proposed plea or plea

19 agreement in addition to or in lieu of addressing the

20 court.

21 ‘‘(5) EXCEPTIONS.—Notwithstanding any other

22 provision of this subdivision—

23 ‘‘(A) in any case in which a victim is a de24 fendant in the same or related case, or in which

25 the Government certifies to the court under seal
551

•S 899 IS

1 that affording such victim any right provided

2 under this rule will jeopardize an ongoing inves3 tigation, the victim shall not have such right;

4 ‘‘(B) a victim who, at the time of discus5 sions under subdivision (e) or a hearing under

6 this subdivision, is incarcerated in any Federal,

7 State, or local correctional or detention facility,

8 shall not have the right to appear in person,

9 but, subject to subparagraph (A), shall be af10 forded a reasonable opportunity to present

11 views or participate by alternative means; and

12 ‘‘(C) in any case involving more than 15

13 victims, the court, after consultation with the

14 Government and the victims, may appoint a

15 number of victims to represent the interests of

16 the victims, except that all victims shall retain

17 the right to submit a written statement under

18 paragraph (4).

19 ‘‘(6) VICTIM CONTACT INFORMATION.—It shall

20 be the responsibility of a victim to notify the attor21 ney for the government of an address or other suffi22 cient means by which a notification required by this

23 subsection may be made. The attorney for the gov24 ernment shall ensure the confidentiality of any infor25 mation relating to a victim.’’.
552

•S 899 IS

1 (b) EFFECTIVE DATE.—

2 (1) IN GENERAL.—The amendment made by

3 subsection (a) shall become effective as provided in

4 paragraph (3).

5 (2) ACTION BY JUDICIAL CONFERENCE.—

6 (A) RECOMMENDATIONS.—Not later than

7 180 days after the date of enactment of this

8 Act, the Judicial Conference of the United

9 States shall submit to Congress a report con10 taining recommendations for amending the

11 Federal Rules of Criminal Procedure to provide

12 enhanced opportunities for victims—

13 (i) to be consulted by the attorney for

14 the government during plea negotiations;

15 (ii) to provide to the court views on

16 the issue of whether or not the court

17 should accept a plea of guilty or nolo

18 contendere; and

19 (iii) to have such views considered by

20 the court.

21 (B) INAPPLICABILITY OF OTHER LAW.—

22 Chapter 131 of title 28, United States Code,

23 does not apply to any recommendation made by

24 the Judicial Conference of the United States

25 under this paragraph.
553

•S 899 IS

1 (3) CONGRESSIONAL ACTION.—Except as other2 wise provided by law, if the Judicial Conference of

3 the United States—

4 (A) submits a report in accordance with

5 paragraph (2) containing recommendations de6 scribed in that paragraph, and those rec7 ommendations are the same as the amendment

8 made by subsection (a), then the amendment

9 made by subsection (a) shall become effective

10 30 days after the date on which the rec11 ommendations are submitted to Congress under

12 paragraph (2);

13 (B) submits a report in accordance with

14 paragraph (2) containing recommendations de15 scribed in that paragraph, and those rec16 ommendations are different in any respect from

17 the amendment made by subsection (a), the rec18 ommendations made pursuant to paragraph (2)

19 shall become effective 180 days after the date

20 on which the recommendations are submitted to

21 Congress under paragraph (2), unless an Act of

22 Congress is passed overturning the rec23 ommendations; and

24 (C) fails to comply with paragraph (2), the

25 amendment made by subsection (a) shall be-
554

•S 899 IS

1 come effective 360 days after the date of enact2 ment of this Act.

3 (4) APPLICATION.—Any amendment made pur4 suant to this section (including any amendment

5 made pursuant to the recommendations of the Judi6 cial Conference of the United States under para7 graph (2)) shall apply in any proceeding commenced

8 on or after the effective date of the amendment.

9 SEC. 5107. RIGHT OF VICTIM TO PARTICIPATE IN SEN10 TENCE ADJUSTMENT HEARINGS.

11 (a) REVOCATION OF PROBATION.—Section 3564 of

12 title 18, United States Code, is amended by adding at the

13 end the following:

14 ‘‘(f) APPLICABILITY OF VICTIMS RIGHTS.—The pro15 visions of section 3553(b) shall apply to proceedings under

16 this section.’’.

17 (b) SUPERVISED RELEASE.—Section 3583 of title

18 18, United States Code, is amended—

19 (1) in subsection (c), by striking ‘‘and (a)(6)’’

20 and inserting ‘‘(a)(6), and (a)(7)’’; and

21 (2) by adding at the end the following:

22 ‘‘(j) APPLICABILITY OF VICTIMS RIGHTS.—The pro23 visions of section 3553(b) shall apply to proceedings under

24 this section.’’.
555

•S 899 IS

1 (c) EFFECT OF DEFAULT.—Section 3613A(b)(1) of

2 title 18, United States Code, is amended by adding at the

3 end the following: ‘‘The provisions of section 3553(b) shall

4 apply to any such hearing.’’.

5 (d) RESENTENCING UPON FAILURE TO PAY A FINE

6 OR RESTITUTION.—Section 3614 of title 18, United

7 States Code, is amended—

8 (1) by redesignating subsection (c) as sub9 section (d); and

10 (2) by inserting after subsection (b) the fol11 lowing:

12 ‘‘(c) APPLICABILITY OF VICTIMS RIGHTS.—The pro13 visions of section 3553(b) shall apply to any proceeding

14 under this section.’’.

15 SEC. 5108. ENHANCED RIGHT TO BE PRESENT AT TRIAL.

16 Section 3510 of title 18, United States Code, is

17 amended—

18 (1) in subsection (a), by striking ‘‘make a state19 ment’’ and all that follows before the period at the

20 end and inserting ‘‘present information or otherwise

21 participate in accordance with section 3553(b)’’;

22 (2) in subsection (b), by inserting before the pe23 riod at the end following: ‘‘, or present information

24 or otherwise participate in accordance with section

25 3553(b)’’;
556

•S 899 IS

1 (3) in subsection (c), by striking ‘‘includes’’ and

2 all that follows before the period at the end and in3 serting ‘‘has the meaning given the term in section

4 3156’’; and

5 (4) by adding at the end the following:

6 ‘‘(d) APPLICATION TO TELEVISED PROCEEDINGS.—

7 This section applies to victims viewing proceedings pursu8 ant to—

9 ‘‘(1) section 235 of the Antiterrorism and Ef10 fective Death Penalty Act of 1996; or

11 ‘‘(2) any rule issued pursuant to section 235(g)

12 of the Antiterrorism and Effective Death Penalty

13 Act of 1996.’’.

14 (b) PROHIBITION ON EXCLUSION.—Section 235 of

15 the Antiterrorism and Effective Death Penalty Act of

16 1996 (42 U.S.C. 10608) is amended—

17 (1) in subsection (b)(2), by adding at the end

18 the following: ‘‘The intention of a victim to present

19 information or otherwise participate in a sentencing

20 proceeding in accordance with sections 3553(b) or

21 3593 shall not be grounds to exclude a victim under

22 this paragraph.’’; and

23 (2) in subsection (f)—

24 (A) by striking ‘‘As used in’’ and inserting

25 ‘‘(1) STATE.—In’’; and
557

•S 899 IS

1 (B) by adding at the end the following:

2 ‘‘(2) VICTIM.—In this section, the term ‘victim’

3 has the meaning given the term in section 3156 of

4 title 18, United States Code.’’.

5 (c) Pursuant to chapter 131 of title 28, United States

6 Code, the Supreme Court may issue rules, or amend exist7 ing rules, to conform to the requirements of this section.

8 (d) VICTIM AND WITNESS PROTECTION ACT.—Sec9 tion 502 of the Victim and Witness Protection Act (42

10 U.S.C. 10606) is amended—

11 (1) in paragraph (4), by adding at the end the

12 following: ‘‘For purposes of this paragraph, victim

13 statements at sentencing, other information pre14 sented by or on behalf of a victim at sentencing, and

15 other victim participation in accordance with section

16 3553(b) of title 18, United States Code, shall not be

17 considered to be testimony.’’; and

18 (2) in paragraph (5), by striking ‘‘attorney’’

19 and inserting ‘‘the attorney’’.

20 SEC. 5109. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN

21 PROGRAMS FOR CRIME VICTIMS.

22 (a) DEFINITIONS.—In this section:

23 (1) DIRECTOR.—The term ‘‘Director’’ means

24 the Director of the Office of Victims of Crime.
558

•S 899 IS

1 (2) OFFICE.—The term ‘‘Office’’ means the Of2 fice of Victims of Crime.

3 (3) QUALIFIED PRIVATE ENTITY.—The term

4 ‘‘qualified private entity’’ means a private entity

5 that meets such requirements as the Attorney Gen6 eral, acting through the Director, may establish.

7 (4) QUALIFIED UNIT OF STATE OR LOCAL GOV8 ERNMENT.—The term ‘‘qualified unit of State or

9 local government’’ means a unit of a State or local

10 government that meets such requirements as the At11 torney General, acting through the Director, may es12 tablish.

13 (5) VOICE CENTERS.—The term ‘‘VOICE Cen14 ters’’ means the Victim Ombudsman Information

15 Centers established under the program under sub16 section (b).

17 (b) PILOT PROGRAMS.—

18 (1) IN GENERAL.—Not later than 12 months

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

20 General, acting through the Director, shall establish

21 and carry out a program to provide for pilot pro22 grams to establish and operate Victim Ombudsman

23 Information Centers in each of the following States:

24 (A) Ohio.

25 (B) South Carolina.
559

•S 899 IS

1 (C) Minnesota.

2 (D) Michigan.

3 (E) Utah.

4 (F) Arizona.

5 (G) Oklahoma.

6 (H) Mississippi.

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
560

•S 899 IS

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.

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) is provided the opportunity to partici19 pate in the criminal justice process to the full20 est extent of the law.

21 (2) DUTIES.—The duties of a VOICE Center

22 shall include—

23 (A) providing information to victims of

24 Federal or State crime regarding the right of

25 those victims to participate in the criminal jus-
561

•S 899 IS

1 tice process (including information concerning

2 any right that exists under applicable Federal

3 or State law);

4 (B) identifying and responding to situa5 tions in which the rights of victims of crime

6 under applicable Federal or State law may have

7 been violated;

8 (C) attempting to facilitate compliance

9 with Federal or State law referred to in sub10 paragraph (B);

11 (D) educating police, prosecutors, Federal

12 and State judges, officers of the court, and em13 ployees of jails and prisons concerning the

14 rights of victims under applicable Federal or

15 State law; and

16 (E) taking measures that are necessary to

17 ensure that victims of crime are treated with

18 fairness, dignity, and compassion throughout

19 the criminal justice process.

20 (d) OVERSIGHT.—

21 (1) TECHNICAL ASSISTANCE.—The Office may

22 provide technical assistance to each VOICE Center.

23 (2) ANNUAL REPORT.—Each qualified private

24 entity or qualified unit of State or local government

25 that carries out a pilot program to establish and op-
562

•S 899 IS

1 erate a VOICE Center under this section shall pre2 pare and submit to the Director, not later than 1

3 year after the VOICE Center is established, and an4 nually thereafter, a report that—

5 (A) describes in detail the activities of the

6 VOICE Center during the preceding year; and

7 (B) outlines a strategic plan for the year

8 following the year covered under subparagraph

9 (A).

10 (e) REVIEW OF PROGRAM EFFECTIVENESS.—

11 (1) GAO STUDY.—Not later than 2 years after

12 the date on which each VOICE Center established

13 under a pilot program under this section is fully

14 operational, the Comptroller General of the United

15 States shall conduct a review of each pilot program

16 carried out under this section to determine the effec17 tiveness of the VOICE Center that is the subject of

18 the pilot program in carrying out the mission and

19 duties described in subsection (c).

20 (2) OTHER STUDIES.—Not later than 2 years

21 after the date on which each VOICE Center estab22 lished under a pilot program under this section is

23 fully operational, the Attorney General, acting

24 through the Director, shall enter into an agreement

25 with 1 or more private entities that meet such re-
563

•S 899 IS

1 quirements that the Attorney General, acting

2 through the Director, may establish, to study the ef3 fectiveness of each VOICE Center established by a

4 pilot program under this section in carrying out the

5 mission and duties described in subsection (c).

6 (f) TERMINATION DATE.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), a pilot program established under this

9 section shall terminate on the date that is 4 years

10 after the date of enactment of this Act.

11 (2) RENEWAL.—If the Attorney General deter12 mines that any of the pilot programs established

13 under this section should be renewed for an addi14 tional period, the Attorney General may renew that

15 pilot program for a period not to exceed 2 years.

16 (g) FUNDING.—Notwithstanding any other provision

17 of law, an aggregate amount not to exceed $5,000,000 of

18 the amounts collected pursuant to sections 3729 through

19 3731 of title 31, United States Code (commonly known

20 as the ‘‘False Claims Act’’), may be used by the Director

21 to make grants under subsection (b).
564

•S 899 IS

1 SEC. 5110. AMENDMENTS TO VICTIMS OF CRIME ACT OF

2 1984.

3 (a) CRIME VICTIMS FUND.—Section 1402 of the Vic4 tims of Crime Act of 1984 (42 U.S.C. 10601) is

5 amended—

6 (1) in subsection (b)—

7 (A) in paragraph (3), by striking ‘‘and’’ at

8 the end;

9 (B) in paragraph (4), by striking the pe10 riod at the end and inserting ‘‘; and’’; and

11 (C) by adding at the end the following:

12 ‘‘(5) any gifts, bequests, or donations from pri13 vate entities or individuals.’’; and

14 (2) in subsection (d)—

15 (A) by striking paragraph (1) and insert16 ing the following:

17 ‘‘(1) All unobligated balances transferred to the

18 judicial branch for administrative costs to carry out

19 functions under sections 3611 and 3612 of title 18,

20 United States Code, shall be returned to the Crime

21 Victims Fund and may be used by the Director to

22 improve services for crime victims in the Federal

23 criminal justice system.’’; and

24 (B) in paragraph (4), by adding at the end

25 the following:
565

•S 899 IS

1 ‘‘(C) States that receive supplemental funding

2 to respond to incidents or terrorism or mass violence

3 under this section shall be required to return to the

4 Crime Victims Fund for deposit in the reserve fund,

5 amounts subrogated to the State as a result of

6 third-party payments to victims.’’.

7 (b) CRIME VICTIM COMPENSATION.—Section 1403 of

8 the Victims of Crime Act of 1984 (42 U.S.C. 10602) is

9 amended—

10 (1) in subsection (a)—

11 (A) in each of paragraphs (1) and (2), by

12 striking ‘‘40’’ and inserting ‘‘60’’; and

13 (B) in paragraph (3), by inserting ‘‘and

14 evaluation’’ after ‘‘administration’’; and

15 (2) in subsection (b)(7), by inserting ‘‘because

16 the identity of the offender was not determined be17 yond a reasonable doubt in a criminal trial, because

18 criminal charges were not brought against the of19 fender, or’’ after ‘‘deny compensation to any victim’’.

20 (c) CRIME VICTIM ASSISTANCE.—Section 1404 of the

21 Victims of Crime Act of 1984 (42 U.S.C. 10603) is

22 amended—

23 (1) in subsection (c)—

24 (A) in paragraph (1)—
566

•S 899 IS

1 (i) by inserting ‘‘or enter into cooper2 ative agreements’’ after ‘‘make grants’’;

3 (ii) by striking subparagraph (A) and

4 inserting the following:

5 ‘‘(A) for demonstration projects, evalua6 tion, training, and technical assistance services

7 to eligible organizations;’’;

8 (iii) in subparagraph (B), by striking

9 the period at the end and inserting ‘‘;

10 and’’; and

11 (iv) by adding at the end the fol12 lowing:

13 ‘‘(C) training and technical assistance that

14 address the significance of and effective delivery

15 strategies for providing long-term psychological

16 care.’’; and

17 (B) in paragraph (3)—

18 (i) in subparagraph (C), by striking

19 ‘‘and’’ at the end;

20 (ii) in subparagraph (D), by striking

21 the period at the end and inserting ‘‘;

22 and’’; and

23 (iii) by adding at the end the fol24 lowing:
567

•S 899 IS

1 ‘‘(E) use funds made available to the Di2 rector under this subsection—

3 ‘‘(i) for fellowships and clinical intern4 ships; and

5 ‘‘(ii) to carry out programs of training

6 and special workshops for the presentation

7 and dissemination of information resulting

8 from demonstrations, surveys, and special

9 projects.’’; and

10 (2) in subsection (d)—

11 (A) by striking paragraph (1) and insert12 ing the following:

13 ‘‘(1) the term ‘State’ includes—

14 ‘‘(A) the District of Columbia, the Com15 monwealth of Puerto Rico, the United States

16 Virgin Islands, and any other territory or pos17 session of the United States; and

18 ‘‘(B) for purposes of a subgrant under

19 subsection (a)(1) or a grant or cooperative

20 agreement under subsection (c)(1), the United

21 States Virgin Islands and any agency of the

22 Government of the District of Columbia or the

23 Federal Government performing law enforce24 ment functions in and on behalf of the District

25 of Columbia.’’;
568

•S 899 IS

1 (B) in paragraph (2)—

2 (i) in subparagraph (C), by striking

3 ‘‘and’’ at the end;

4 (ii) in subparagraph (B), by striking

5 the semicolon and inserting ‘‘; and’’; and

6 (iii) by adding at the end the fol7 lowing:

8 ‘‘(E) public awareness and education and

9 crime prevention activities that promote, and

10 are conducted in conjunction with, the provision

11 of victim assistance; and

12 ‘‘(F) for purposes of an award under sub13 section (c)(1)(A), preparation, publication, and

14 distribution of informational materials and re15 sources for victims of crime and crime victims

16 organizations.’’;

17 (C) by striking paragraph (4) and insert18 ing the following:

19 ‘‘(4) the term ‘crisis intervention services’

20 means counseling and emotional support including

21 mental health counseling, provided as a result of cri22 sis situations for individuals, couples, or family

23 members following and related to the occurrence of

24 crime;’’;
569

•S 899 IS

1 (D) in paragraph (5), by striking the pe2 riod at the end and inserting ‘‘; and’’; and

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

4 ‘‘(6) for purposes of an award under subsection

5 (c)(1), the term ‘eligible organization’ includes

6 any—

7 ‘‘(A) national or State organization with a

8 commitment to developing, implementing, evalu9 ating, or enforcing victims’ rights and the deliv10 ery of services;

11 ‘‘(B) State agency or unit of local govern12 ment;

13 ‘‘(C) tribal organization;

14 ‘‘(D) organization—

15 ‘‘(i) described in section 501(c) of the

16 Internal Revenue Code of 1986; and

17 ‘‘(ii) exempt from taxation under sec18 tion 501(a) of such Code; or

19 ‘‘(E) other entity that the Director deter20 mines to be appropriate.’’.

21 (d) COMPENSATION AND ASSISTANCE TO VICTIMS OF

22 TERRORISM OF MASS VIOLENCE.—Section 1404B of the

23 Victims of Crime Act of 1984 (42 U.S.C. 10603b) is

24 amended—
570

•S 899 IS

1 (1) in subsection (a), by striking ‘‘1404(a)’’ and

2 inserting ‘‘1402(d)(4)(B)’’; and

3 (2) in subsection (b), by striking

4 ‘‘1404(d)(4)(B)’’ and inserting ‘‘1402(d)(4)(B)’’.

5 CHAPTER 2—VICTIM RESTITUTION

6 ENFORCEMENT

7 SEC. 5121. SHORT TITLE.

8 This chapter may be cited as the ‘‘Victim Restitution

9 Enforcement Act of 1999’’.

10 SEC. 5122. PROCEDURE FOR ISSUANCE AND ENFORCEMENT

11 OF RESTITUTION ORDER.

12 Section 3664 of title 18, United States Code, is

13 amended to read as follows:

14 ‘‘§ 3664. Procedure for issuance and enforcement of

15 order of restitution

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) RELIANCE ON INFORMATION IN

18 PRESENTENCE REPORT.—With respect to each order

19 of restitution under this title, the court shall order

20 the probation service of the court to obtain and in21 clude in its presentence report, or in a separate re22 port, as the court directs, information sufficient for

23 the court to exercise its discretion in fashioning a

24 restitution order.
571

•S 899 IS

1 ‘‘(2) CONTENTS OF REPORT.—Each report de2 scribed in paragraph (1) shall include, to the extent

3 practicable, a complete accounting of the losses to

4 each victim, any restitution owed pursuant to a plea

5 agreement, and information relating to the economic

6 circumstances of each defendant. If the number or

7 identity of victims cannot be reasonably ascertained,

8 or other circumstances exist that make this require9 ment clearly impracticable, the probation service

10 shall so inform the court.

11 ‘‘(b) DISCLOSURES.—The court shall disclose to both

12 the defendant and the attorney for the Government all

13 portions of the presentence or other report pertaining to

14 the matters described in subsection (a).

15 ‘‘(c) APPLICABILITY OF OTHER LAW.—This chapter,

16 chapter 227, and Rule 32(c) of the Federal Rules of

17 Criminal Procedure are the only laws and rules applicable

18 to proceedings under this section.

19 ‘‘(d) ENSURING AVAILABILITY OF PROPERTY OR AS20 SETS.—

21 ‘‘(1) IN GENERAL.—

22 ‘‘(A) RESTRAINING ORDER, INJUNCTION,

23 EXECUTION OF PERFORMANCE BOND.—Upon

24 application of the United States, the court may

25 enter a restraining order or injunction, require
572

•S 899 IS

1 the execution of a satisfactory performance

2 bond, or take any other action to preserve the

3 availability of property or assets necessary to

4 satisfy a criminal restitution order under this

5 subchapter. An order under this subparagraph

6 may be entered in the following circumstances:

7 ‘‘(i) Prior to the filing of an indict8 ment or information charging an offense

9 that may result in a criminal restitution

10 order, and upon the United States showing

11 that—

12 ‘‘(I) there is a substantial prob13 ability that the United States will ob14 tain a criminal restitution order;

15 ‘‘(II) the defendant has or is like16 ly to take action to dissipate or hide

17 the property or assets of the defend18 ant; and

19 ‘‘(III) the need to preserve the

20 availability of the property or assets

21 through the requested order outweighs

22 the hardship of any party against

23 whom the order is entered.

24 ‘‘(ii) Upon the filing of an indictment

25 or information charging an offense that
573

•S 899 IS

1 may result in a criminal restitution order,

2 and upon the United States showing that

3 the defendant has or is likely to take ac4 tion to dissipate or hide the property or as5 sets of the defendant.

6 ‘‘(iii) Upon the conviction, or entry of

7 a guilty plea, to an indictment or informa8 tion charging an offense that may result in

9 a criminal restitution order, and upon the

10 United States showing that the defendant

11 may take action to dissipate or hide the

12 property or assets of the defendant or that

13 an order is necessary to marshal and de14 termine the property or assets of the de15 fendant.

16 ‘‘(B) PERIOD OF EFFECTIVENESS.—An

17 order entered under subparagraph (A) shall be

18 effective for not more than 90 days, unless ex19 tended by the court for good cause shown or

20 unless an indictment or information described

21 in subparagraph (A)(ii) has been filed.

22 ‘‘(2) NOTICE OF ORDER.—

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

24 paragraph (3), an order entered under this sub25 section shall be after notice to persons appear-
574

•S 899 IS

1 ing to have an interest in the property and op2 portunity for a hearing, and upon the United

3 States carrying the burden of proof by a pre4 ponderance of the evidence.

5 ‘‘(B) ADMISSIBLE EVIDENCE.—The court

6 may receive and consider, at a hearing held

7 under this subsection, evidence and information

8 that would be inadmissible under the Federal

9 Rules of Evidence.

10 ‘‘(3) TEMPORARY RESTRAINING ORDER.—

11 ‘‘(A) IN GENERAL.—A temporary restrain12 ing order may be entered without notice or op13 portunity for a hearing if the United States

14 demonstrates that—

15 ‘‘(i) there is probable cause to believe

16 that the property or assets with respect to

17 which the order is sought would be subject

18 to execution upon the entry of a criminal

19 restitution order;

20 ‘‘(ii) there is a substantial probability

21 that the United States will obtain a crimi22 nal restitution order; and

23 ‘‘(iii) the provision of notice would

24 jeopardize the availability of the property

25 or assets for execution.
575

•S 899 IS

1 ‘‘(B) EXPIRATION OF ORDER.—A tem2 porary order under this paragraph shall expire

3 not later than 10 days after the date on which

4 it is entered, unless—

5 ‘‘(i) the court grants an extension for

6 good cause shown; or

7 ‘‘(ii) the party against whom the

8 order is entered consents to an extension

9 for a longer period.

10 ‘‘(C) HEARING.—A hearing requested con11 cerning an order entered under this paragraph

12 shall be held at the earliest possible time, and

13 prior to the expiration of the temporary order.

14 ‘‘(4) DISCLOSURE OF CERTAIN INFORMA15 TION.—

16 ‘‘(A) IN GENERAL.—Information con17 cerning the net worth, financial affairs, trans18 actions or interests of the defendant presented

19 to the grand jury may be disclosed to an attor20 ney for the Government assisting in the en21 forcement of criminal restitution orders, for use

22 in the performance of the duties of that attor23 ney.

24 ‘‘(B) USE OF CONSUMER CREDIT RE25 PORTS.—
576

•S 899 IS

1 ‘‘(i) IN GENERAL.—An attorney for

2 the Government responsible for the pros3 ecution of criminal offenses, or responsible

4 for the enforcement of criminal restitution

5 orders, may obtain and use consumer cred6 it reports to—

7 ‘‘(I) obtain an order under this

8 section;

9 ‘‘(II) determine the amount of

10 restitution that is appropriate; or

11 ‘‘(III) enforce a criminal restitu12 tion order.

13 ‘‘(ii) GRAND JURY SUBPOENA.—This

14 subparagraph does not limit the avail15 ability of grand jury subpoenas to obtain a

16 consumer credit report.

17 ‘‘(iii) PROBATION SERVICE.—Upon

18 conviction, a consumer credit report used

19 under this subparagraph may be furnished

20 to the United States Probation Service.

21 ‘‘(e) INFORMATION TO PROBATION SERVICE.—

22 ‘‘(1) IN GENERAL.—

23 ‘‘(A) PROVISION OF INFORMATION BY GOV24 ERNMENT.—Not later than 60 days after con25 viction, and in any event not later than 10 days
577

•S 899 IS

1 prior to sentencing, the attorney for the Gov2 ernment after consulting with all victims (when

3 practicable), shall promptly provide the proba4 tion service of the court all information readily

5 available to the attorney, including matters oc6 curring before the grand jury relating to the

7 identity of the victim or victims, the amount of

8 losses, and financial matters relating to the de9 fendant.

10 ‘‘(B) PROVISION OF INFORMATION BY DE11 FENDANTS.—Each defendant shall prepare and

12 file with the probation officer an affidavit fully

13 describing the financial resources of the defend14 ant, including a complete listing of all assets

15 owned or controlled by the defendant as of the

16 date on which the defendant was arrested, the

17 financial needs and earning ability of the de18 fendant and the defendant’s dependents, and

19 any other information that the court requires

20 relating to such other factors as the court de21 termines to be appropriate.

22 ‘‘(C) NOTICE TO VICTIMS.—The attorney

23 for the Government shall, to the maximum ex24 tent practicable and as soon as practicable after

25 the provision of information by the Government
578

•S 899 IS

1 to the probation service under subparagraph

2 (A), provide notice to all victims. The notice

3 shall inform the victims of—

4 ‘‘(i) the offenses for which the defend5 ant was convicted;

6 ‘‘(ii) the amounts subject to restitu7 tion and any other information that is rel8 evant to restitution submitted to the pro9 bation service;

10 ‘‘(iii) the right of the victim to submit

11 information to the probation service con12 cerning the amount of the losses of the vic13 tim;

14 ‘‘(iv) the scheduled date, time, and

15 place of the sentencing hearing;

16 ‘‘(v) the availability of a lien in favor

17 of the victim under subsection (n)(1)(D);

18 and

19 ‘‘(vi) the opportunity of the victim to

20 file a separate affidavit with the court

21 under subparagraph (E).

22 ‘‘(D) LIMITATIONS ON INFORMATION.—

23 Upon ex parte application to the court, and a

24 showing that the requirements of subparagraph

25 (A) may cause harm to any victim, or jeop-
579

•S 899 IS

1 ardize an ongoing investigation, the court may

2 limit the information to be provided to or

3 sought by the probation service of the court.

4 ‘‘(E) AFFIDAVIT OF OBJECTION.—If any

5 victim objects to any of the information pro6 vided to the probation service by the attorney

7 for the Government under this paragraph, the

8 victim may file a separate affidavit with the

9 court.

10 ‘‘(2) ADDITIONAL DOCUMENTATION OR TESTI11 MONY.—After reviewing the report of the probation

12 service of the court, the court may require additional

13 documentation or hear testimony. The privacy of

14 any records filed, or testimony heard, under this sec15 tion shall be maintained to the greatest extent pos16 sible and those records may be filed or testimony

17 heard in camera.

18 ‘‘(3) ADDITIONAL TIME FOR DETERMINATION

19 OF LOSSES.—If the losses to the victim are not as20 certainable by the date that is 10 days prior to sen21 tencing as provided in paragraph (1), the United

22 States Attorney (or a designee of the United States

23 Attorney) shall so inform the court, and the court

24 shall set a date for the final determination of the

25 losses of the victim, not to exceed 90 days after sen-
580

•S 899 IS

1 tencing. If the losses to the victim cannot reasonably

2 be ascertained, the court shall determine an appro3 priate amount of restitution based on the available

4 information. If the victim subsequently discovers fur5 ther losses, the victim shall have 60 days after dis6 covery of those losses during which to petition the

7 court for an amended restitution order. The order

8 may be granted only upon a showing of good cause

9 for the failure to include those losses in the initial

10 claim for restitutionary relief.

11 ‘‘(4) REFERRAL TO MAGISTRATE OR SPECIAL

12 MASTER.—The court may refer any issue arising in

13 connection with a proposed order of restitution to a

14 magistrate or special master for proposed findings of

15 fact and recommendations as to disposition, subject

16 to a de novo determination of the issue by the court.

17 ‘‘(5) INSURANCE OF VICTIM NOT CONSID18 ERED.—In no case shall the fact that a victim has

19 received or is entitled to receive compensation with

20 respect to a loss from insurance or any other source

21 be considered in determining the amount of restitu22 tion.

23 ‘‘(f) EVIDENTIARY STANDARD.—Any dispute as to

24 the proper amount or type of restitution shall be resolved

25 by the court by the preponderance of the evidence. The
581

•S 899 IS

1 burden of demonstrating the amount of the loss sustained

2 by a victim as a result of the offense shall be on the attor3 ney for the Government. The burden of demonstrating the

4 financial resources of the defendant and the financial

5 needs of the defendant and the dependents of the defend6 ant shall be on the defendant. The burden of dem7 onstrating such other matters as the court deems appro8 priate shall be upon the party designated by the court as

9 justice requires.

10 ‘‘(g) FACTORS FOR CONSIDERATION.—

11 ‘‘(1) IN GENERAL.—

12 ‘‘(A) ECONOMIC CIRCUMSTANCES OF VIC13 TIM NOT CONSIDERED.—In each order of res14 titution, the court shall order restitution to each

15 victim in the full amount of the losses of each

16 victim as determined by the court and without

17 consideration of the economic circumstances of

18 the defendant.

19 ‘‘(B) AWARD OF REASONABLY ASCERTAIN20 ABLE LOSSES.—The court shall order restitu21 tion in the amount of the total loss that is rea22 sonably ascertainable, if—

23 ‘‘(i) the number of victims is too

24 great;
582

•S 899 IS

1 ‘‘(ii) the actual identity of the victims

2 cannot be ascertained; and

3 ‘‘(iii) or the full amount of the losses

4 of each victim cannot be reasonably

5 ascertained;

6 ‘‘(2) AMOUNT AND TIMING OF RESTITUTION.—

7 The restitution order shall be for a sum certain and

8 payable immediately.

9 ‘‘(3) NOMINAL PERIODIC PAYMENTS.—If the

10 court finds from facts on the record that the eco11 nomic circumstances of the defendant do not allow

12 and are not likely to allow the defendant to make

13 more than nominal payments under the restitution

14 order, the court shall direct the defendant to make

15 nominal periodic payments in the amount the de16 fendant can reasonably be expected to pay by mak17 ing a diligent and bona fide effort toward the res18 titution order entered under paragraph (1). Nothing

19 in the paragraph shall impair the obligation of the

20 defendant to make full restitution under this sub21 section.

22 ‘‘(4) STATUS OF DEBT.—Notwithstanding any

23 payment schedule entered by the court under para24 graph (2), each order of restitution shall be a civil

25 debt, payable immediately, and subject to the en-
583

•S 899 IS

1 forcement procedures provided in subsection (n). In

2 no event shall a defendant incur any criminal pen3 alty for failure to make a restitution payment under

4 the restitution order because of the indigence of the

5 defendant.

6 ‘‘(h) VICTIM RIGHTS.—

7 ‘‘(1) NO PARTICIPATION REQUIRED.—No victim

8 shall be required to participate in any phase of a

9 restitution order. If a victim declines to receive res10 titution made mandatory by this title, the court shall

11 order that the share of the victim of any restitution

12 owed be deposited in the Crime Victims Fund in the

13 Treasury.

14 ‘‘(2) ASSIGNMENT OF INTEREST.—A victim

15 may at any time assign the interest of the victim in

16 restitution payments to the Crime Victims Fund in

17 the Treasury without in any way impairing the obli18 gation of the defendant to make those payments.

19 ‘‘(3) VICTIMS NOT IDENTIFIED OR LOCATED.—

20 If the victim cannot be located or identified, the

21 court shall direct that the restitution payments be

22 made to the Crime Victims Fund of the Treasury.

23 This paragraph shall not be construed to impair the

24 obligation of the defendant to make those payments.
584

•S 899 IS

1 ‘‘(i) JOINT AND SEVERAL LIABILITY OF MULTIPLE

2 DEFENDANTS.—If the court finds that more than 1 de3 fendant has contributed to the loss of a victim, the court

4 may make each defendant jointly and severally liable for

5 payment of the full amount of restitution or may appor6 tion liability among the defendants to reflect the level of

7 contribution to the loss of the victim and economic cir8 cumstances of each defendant.

9 ‘‘(j) PRIORITY OF PAYMENTS.—If the court finds

10 that more than 1 victim has sustained a loss requiring

11 restitution by a defendant, the court may issue an order

12 of priority for restitution payments based on the type and

13 amount of the loss of the victim accounting for the eco14 nomic circumstances of each victim. In any case in which

15 the United States is a victim, the court shall ensure that

16 all individual victims receive full restitution before the

17 United States receives any restitution.

18 ‘‘(k) INSURANCE.—

19 ‘‘(1) IN GENERAL.—If a victim has received or

20 is entitled to receive compensation with respect to a

21 loss from insurance or any other source, the court

22 shall order that restitution shall be paid to the per23 son who provided or is obligated to provide the com24 pensation, but the restitution order shall provide

25 that all restitution of victims required by the order
585

•S 899 IS

1 be paid to the victims before any restitution is paid

2 to any such provider of compensation.

3 ‘‘(2) REDUCTION OF AMOUNT.—Any amount

4 paid to a victim under an order of restitution shall

5 be reduced by any amount later recovered as com6 pensatory damages for the same loss by the victim

7 in—

8 ‘‘(A) any Federal civil proceeding; and

9 ‘‘(B) any State civil proceeding, to the ex10 tent provided by the law of the State.

11 ‘‘(3) OTHER RESOURCES.—If a person obli12 gated to provide restitution receives substantial re13 sources from any source, including inheritance, set14 tlement, or other judgment, that person shall be re15 quired to apply the value of those resources to any

16 restitution still owed.

17 ‘‘(l) MATERIAL CHANGES IN ECONOMIC STATUS OF

18 DEFENDANT.—The defendant shall notify the court and

19 the Attorney General of any material change in the eco20 nomic circumstances of the defendant that might affect

21 the ability of the defendant to pay restitution. Upon re22 ceipt of the notification, the court may, on its own motion,

23 or the motion of any party, including the victim, adjust

24 the payment schedule, or require immediate payment in

25 full, as the interests of justice require.
586

•S 899 IS

1 ‘‘(m) JURISDICTION OF COURT.—

2 ‘‘(1) IN GENERAL.—The court shall retain ju3 risdiction over any criminal restitution judgment or

4 amended criminal restitution judgment for a period

5 of 5 years from the date the sentence was imposed.

6 This limitation shall be tolled during any period of

7 time that the defendant—

8 ‘‘(A) was incarcerated;

9 ‘‘(B) was a fugitive; or

10 ‘‘(C) was granted a stay that prevented the

11 enforcement of the restitution order.

12 ‘‘(2) FAILURE TO PAY.—While within the juris13 diction of the court, if the defendant knowingly fails

14 to make a bona fide effort to pay whatever amount

15 of restitution is ordered by the court, or knowingly

16 and willfully refuses to pay restitution, the court

17 may—

18 ‘‘(A) modify the terms or conditions of the

19 probation or supervised release of the defend20 ant;

21 ‘‘(B) extend the probation or supervised

22 release of the defendant until a date not later

23 than 10 years from the date the sentence was

24 imposed;
587

•S 899 IS

1 ‘‘(C) revoke the probation or supervised re2 lease of the defendant;

3 ‘‘(D) hold the defendant in contempt; or

4 ‘‘(E) increase the sentence of the defend5 ant to any sentence that might originally have

6 been imposed under the applicable statute,

7 without regard to the sentencing guidelines.

8 ‘‘(n) ENFORCEMENT OF ORDER OF RESTITUTION.—

9 ‘‘(1) IN GENERAL.—An order of restitution may

10 be enforced—

11 ‘‘(A) through civil or administrative meth12 ods during the period that the restitution lien

13 provided for in section 3613 of title 18, United

14 States Code, is enforceable;

15 ‘‘(B) by the United States in the manner

16 provided for in subchapter C of chapter 227

17 and subchapter B of chapter 229;

18 ‘‘(C) by the United States regardless of

19 whether for the benefit of the United States, in

20 accordance with the procedures of chapter 176

21 of part VI of title 28, or in accordance with any

22 other administrative or civil enforcement means

23 available to the United States to enforce a debt

24 due the United States; or
588

•S 899 IS

1 ‘‘(D) by any victim named in the restitu2 tion order as a lien under section 1962 of title

3 28.

4 ‘‘(2) ESTOPPEL.—A conviction of a defendant

5 for an offense giving rise to restitution under this

6 section shall estop the defendant from denying the

7 essential allegations of that offense in any subse8 quent Federal civil proceeding or State civil pro9 ceeding, regardless of any State law precluding es10 toppel for a lack of mutuality. The victim, in the

11 subsequent proceeding, shall not be precluded from

12 establishing a loss that is greater than the loss de13 termined by the court in the earlier criminal pro14 ceeding.’’.

15 SEC. 5123. CIVIL REMEDIES.

16 Section 3613 of title 18, United States Code, is

17 amended—

18 (1) in the section heading, by inserting ‘‘or res19 titution’’ after ‘‘fine’’; and

20 (2) in subsection (a)—

21 (A) by striking ‘‘The United States’’ and

22 inserting the following:

23 ‘‘(1) FINES.—The United States’’;

24 (B) by redesignating paragraphs (1), (2),

25 and (3) as subparagraphs (A), (B), and (C), re-
589

•S 899 IS

1 spectively, and indenting each subparagraph ac2 cordingly; and

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

4 ‘‘(2) RESTITUTION.—

5 ‘‘(A) IN GENERAL.—

6 ‘‘(i) LIEN.—An order of restitution

7 shall operate as a lien in favor of the

8 United States for its benefit or for the

9 benefit of any non-Federal victims against

10 all property belonging to the defendant or

11 defendants.

12 ‘‘(ii) TIMING.—The lien shall arise at

13 the time of the entry of judgment or order

14 and shall continue until the liability is sat15 isfied, remitted, or set aside, or until it be16 comes otherwise unenforceable.

17 ‘‘(iii) PERSONS AGAINST WHOM LIEN

18 APPLIES.—The lien shall apply against all

19 property and property interests—

20 ‘‘(I) owned by the defendant or

21 defendants at the time of arrest; and

22 ‘‘(II) subsequently acquired by

23 the defendant or defendants.

24 ‘‘(B) ENTRY OF LIEN.—The lien shall be

25 entered in the name of the United States on be-
590

•S 899 IS

1 half of all ascertained victims, unascertained

2 victims, victims entitled to restitution who

3 choose not to participate in the restitution pro4 gram and victims entitled to restitution who

5 cannot assert their interests in the lien for any

6 reason.

7 ‘‘(3) JOINTLY HELD PROPERTY.—

8 ‘‘(A) IN GENERAL.—

9 ‘‘(i) DIVISION AND SALE OF PROP10 ERTY.—If the court enforcing an order of

11 restitution under this section determines

12 that the defendant has an interest in prop13 erty with another, and that the defendant

14 cannot satisfy the restitution order from

15 his or her separate property or income, the

16 court may, after considering all of the eq17 uities, order that jointly owned property be

18 divided and sold, upon such conditions as

19 the court deems just, notwithstanding any

20 Federal or State law to the contrary.

21 ‘‘(ii) PROTECTION OF INNOCENT PAR22 TIES.—The court shall take care to protect

23 the reasonable and legitimate interests of

24 the innocent spouse and minor children of

25 the defendant, especially real property used
591

•S 899 IS

1 as the actual home of that innocent spouse

2 and minor children, except to the extent

3 that the court determines that the interest

4 of that innocent spouse and children is the

5 product of the criminal activity of which

6 the defendant has been convicted, or is the

7 result of a fraudulent transfer.

8 ‘‘(B) FRAUDULENT TRANSFERS.—In de9 termining whether there was a fraudulent

10 transfer, the court shall consider whether the

11 debtor made the transfer—

12 ‘‘(i) with actual intent to hinder,

13 delay, or defraud the United States or

14 other victim; or

15 ‘‘(ii) without receiving a reasonably

16 equivalent value in exchange for the trans17 fer.

18 ‘‘(C) CONSIDERATIONS FOR PROTECTION

19 OF INNOCENT PARTIES.—In determining what

20 portion of the jointly owned property shall be

21 set aside for the innocent spouse or children of

22 the defendant, or whether to have sold or di23 vided the jointly held property, the court shall

24 consider—
592

•S 899 IS

1 ‘‘(i) the contributions of the other

2 joint owner to the value of the property;

3 ‘‘(ii) the reasonable expectation of the

4 other joint owner to be able to enjoy the

5 continued use of the property; and

6 ‘‘(iii) the economic circumstances and

7 needs of the defendant and dependents of

8 the defendant and the economic cir9 cumstances and needs of the victim and

10 the dependents of the victim.’’.

11 SEC. 5124. FINES.

12 Section 3572(b) of title 18, United States Code, is

13 amended to read as follows:

14 ‘‘(b) PAYMENTS; EFFECT OF INDIGENCE.—Any fine,

15 special assessment, restitution, or cost shall be for a sum

16 certain and shall be payable immediately. In no event shall

17 a defendant incur any criminal penalty for failure to make

18 a payment on a fine, special assessment, restitution, or

19 cost as a result of the indigence of the defendant.’’.

20 SEC. 5125. RESENTENCING.

21 Section 3614(a) of title 18, United States Code, is

22 amended by inserting before the period at the end the fol23 lowing: ‘‘or may increase the sentence of the defendant

24 to any sentence that might originally have been imposed

25 under the applicable statute’’.
593

•S 899 IS

1 Subtitle B—Combating Violence

2 Against Women and Children

3 CHAPTER 1—VIOLENCE AGAINST WOMEN

4 SEC. 5201. SHORT TITLE.

5 This chapter may be cited as the ‘‘Violence Against

6 Women Act of 1999’’.

7 SEC. 5202. DEFINITIONS.

8 In this chapter—

9 (1) the term ‘‘domestic violence’’ has the mean10 ing given the term in section 2003 of title I of the

11 Omnibus Crime Control and Safe Streets Act of

12 1968 (42 U.S.C. 3796gg–2); and

13 (2) the term ‘‘sexual assault’’ has the meaning

14 given the term in section 2003 of title I of the Om15 nibus Crime Control and Safe Streets Act of 1968

16 (42 U.S.C. 3796gg–2).

17 Subchapter A—Strengthening Law Enforce18 ment To Reduce Violence Against Women

19 SEC. 5203. FULL FAITH AND CREDIT ENFORCEMENT OF

20 PROTECTION ORDERS.

21 (a) IN GENERAL.—Part U of title I of the Omnibus

22 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

23 3796hh et seq.) is amended—
594

•S 899 IS

1 (1) in the part heading, by adding ‘‘AND EN2 FORCEMENT OF PROTECTION OR3 DERS’’ at the end;

4 (2) in section 2101(b), by adding at the end the

5 following:

6 ‘‘(7) To provide technical assistance and com7 puter and other equipment to police departments,

8 prosecutors, and courts to facilitate interstate en9 forcement of protection orders.’’; and

10 (3) in section 2102—

11 (A) in subsection (b)—

12 (i) in paragraph (1), by striking

13 ‘‘and’’ at the end;

14 (ii) in paragraph (2), by striking the

15 period at the end and inserting ‘‘, includ16 ing the enforcement of protection orders

17 from other States and jurisdictions;’’; and

18 (iii) by adding at the end the fol19 lowing:

20 ‘‘(3) have established cooperative agreements

21 with neighboring jurisdictions to facilitate the en22 forcement of protection orders from other States and

23 jurisdictions; and

24 ‘‘(4) will use the grant to develop and install

25 data collection and communication systems, includ-
595

•S 899 IS

1 ing computerized systems, linking police, prosecu2 tors, and courts for the purpose of identifying and

3 tracking protection orders and violations of protec4 tion orders.’’; and

5 (B) by adding at the end the following:

6 ‘‘(c) DISSEMINATION OF INFORMATION.—The Attor7 ney General shall annually compile and broadly dissemi8 nate (including through electronic publication) informa9 tion about successful data collection and communication

10 systems that meet the purposes described in subsection

11 (b)(3). Such dissemination shall target States, State and

12 local courts, Indian tribal governments, and units of local

13 government.’’.

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—

15 The table of contents for title I of the Omnibus Crime

16 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

17 et seq.) is amended in the item relating to part U, by add18 ing ‘‘AND ENFORCEMENT OF PROTECTION ORDERS’’ at

19 the end.

20 SEC. 5204. REAUTHORIZATION OF STOP GRANTS.

21 (a) REAUTHORIZATION.—Section 1001(a)(18) of title

22 I of the Omnibus Crime Control and Safe Streets Act of

23 1968 (42 U.S.C. 3793(a)(18)) is amended to read as fol24 lows:
596

•S 899 IS

1 ‘‘(18) There is authorized to be appropriated from

2 the Violent Crime Reduction Trust Fund established

3 under section 310001 of the Violent Crime Control and

4 Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry

5 out part T $185,000,000 for each of fiscal years 2000

6 through 2003.’’.

7 (b) STATE COALITION GRANTS.—Section 2001(b)(5)

8 of part T of title I of the Omnibus Crime Control and

9 Safe Streets Act of 1968 (42 U.S.C. 3796) is amended

10 by inserting ‘‘, and the forms of violence and abuse suf11 fered by women who are individuals with disabilities (as

12 defined in section 3 of the Americans with Disabilities Act

13 of 1990 (42 U.S.C. 12102))’’.

14 SEC. 5205. REAUTHORIZATION OF GRANTS TO ENCOURAGE

15 ARREST POLICIES.

16 Section 1001(a)(19) of title I of the Omnibus Crime

17 Control and Safe Streets Act of 1968 (42 U.S.C.

18 3793(a)(19)) is amended to read as follows:

19 ‘‘(19) There is authorized to be appropriated from

20 the Violent Crime Reduction Trust Fund established

21 under section 310001 of the Violent Crime Control and

22 Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry

23 out part U $65,000,000 for each of fiscal years 2000

24 through 2003.’’.
597

•S 899 IS

1 SEC. 5206. GRANTS TO REDUCE VIOLENT CRIMES AGAINST

2 WOMEN ON CAMPUS.

3 (a) IN GENERAL.—Title I of the Omnibus Crime

4 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

5 et seq.) is amended—

6 (1) by redesignating part Z as part AA;

7 (2) by redesignating section 2601 as section

8 2701; and

9 (3) by inserting after part Y the following:

10 ‘‘PART Z—GRANTS TO COMBAT VIOLENT CRIMES

11 AGAINST WOMEN ON CAMPUSES

12 ‘‘SEC. 2601. PURPOSE OF THE PROGRAM AND GRANTS.

13 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

14 this part is to assist institutions of higher education in

15 bringing together college personnel, security, students,

16 and victim services to strengthen law enforcement strate17 gies in combating violent crimes against women on cam18 puses and to improve services to victims.

19 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

20 USED.—Grants under this part shall provide personnel,

21 training, technical assistance, data collection, and other

22 equipment for the more widespread investigation, appre23 hension, prosecution, and adjudication of persons commit24 ting violent crimes against women on campuses, and spe25 cifically, for the purposes of—
598

•S 899 IS

1 ‘‘(1) training campus administrators and cam2 pus security personnel to more effectively identify

3 and respond to violent crimes against women on

4 campus, including the crimes of sexual assault,

5 stalking, and domestic violence;

6 ‘‘(2) developing and implementing more effec7 tive campus security and investigative policies, pro8 tocols, orders, and services specifically devoted to

9 preventing, identifying, and responding to violent

10 crimes against women on campus, including the

11 crimes of sexual assault, stalking, and domestic vio12 lence;

13 ‘‘(3) developing, enlarging, or strengthening vic14 tim services programs, for local campuses, including

15 sexual assault, stalking, and domestic violence pro16 grams;

17 ‘‘(4) developing or improving delivery of victim

18 services on campuses, including on-campus programs

19 that provide counseling, support, and victim advo20 cacy; and

21 ‘‘(5) supporting improved coordination between

22 campus administrators and campus security per23 sonnel, and local criminal justice authorities to re24 duce violent crimes against women on campus.
599

•S 899 IS

1 ‘‘SEC. 2602. CAMPUS GRANTS.

2 ‘‘(a) IN GENERAL.—The Attorney General may make

3 grants to institutions of higher education in accordance

4 with this part, for use by campus personnel and nonprofit

5 victim services programs to assist campus administrators

6 and campus security personnel (including employees, con7 tractors, and volunteers) to develop and strengthen—

8 ‘‘(1) effective security and investigation strate9 gies to combat violent crimes against women on

10 campuses, particularly sexual assault, stalking, and

11 domestic violence; and

12 ‘‘(2) victim services in cases involving violent

13 crimes against women on campuses, which may in14 clude partnerships with local criminal justice au15 thorities and community-based victims services agen16 cies.

17 ‘‘(b) APPLICATION REQUIREMENTS.—Each applica18 tion under this part shall meet the requirements of section

19 517 and shall include documentation demonstrating—

20 ‘‘(1) need for the grant funds;

21 ‘‘(2) intended use of the grant funds;

22 ‘‘(3) expected results from the use of the grant

23 funds; and

24 ‘‘(4) characteristics of the population being

25 served, including number of students and type of

26 campus and demographic characteristics of the pop-
600

•S 899 IS

1 ulation and documentation of services to under2 served populations.

3 ‘‘(c) CERTIFICATIONS.—The certifications described

4 in this subsection are certifications that the applicant

5 will—

6 ‘‘(1) use the grant amount under this part for

7 the purposes described in section 2601(b);

8 ‘‘(2) establish a plan to monitor and evaluate

9 the use of funds; and

10 ‘‘(3) use any Federal funds received under this

11 part to supplement, not supplant, non-Federal funds

12 that would otherwise be available for activities fund13 ed under this part.

14 ‘‘(d) DISBURSEMENT.—

15 ‘‘(1) IN GENERAL.—Not later than 60 days

16 after the receipt of an application under this part,

17 the Attorney General shall—

18 ‘‘(A) make a grant in accordance with this

19 part to the applicant; or

20 ‘‘(B) inform the applicant of the reasons

21 that the application does not meet the require22 ments of section 517 or the requirements of

23 this section.

24 ‘‘(2) REGULATIONS.—In making grants under

25 this part, the Attorney General shall—
601

•S 899 IS

1 ‘‘(A) equitably distribute moneys on a geo2 graphic basis, including nonurban and rural

3 areas of various geographic sizes; and

4 ‘‘(B) recognize and address the needs of

5 underserved, including rural, populations.

6 ‘‘(e) FEDERAL SHARE.—The Federal share of a

7 grant made under this part may not exceed 75 percent

8 of the total cost of the projects described in the application

9 submitted under this part.

10 ‘‘SEC. 2603. DEFINITIONS.

11 ‘‘In this part—

12 ‘‘(1) the terms ‘domestic violence’, ‘sexual as13 sault’, ‘underserved populations’, and ‘victim serv14 ices’ have the meaning given the terms in section

15 2003; and

16 ‘‘(2) the term ‘institutions of higher education’

17 has the meaning given the term in section 1201(a)

18 of the Higher Education Act of 1965 (20 U.S.C.

19 1141(a)).’’.

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

21 1001 of the Omnibus Crime Control and Safe Streets Act

22 of 1968 (42 U.S.C. 3793), is amended—

23 (1) in paragraph (3), by striking ‘‘and X’’ and

24 inserting ‘‘X, and Z’’; and

25 (2) by adding at the end the following:
602

•S 899 IS

1 ‘‘(24) There is authorized to be appropriated

2 from the Violent Crime Reduction Trust Fund es3 tablished under section 310001 of the Violent Crime

4 Control and Law Enforcement Act of 1994 (42

5 U.S.C. 14211) to carry out part Z $10,000,000 for

6 each of fiscal years 2000 through 2003.’’.

7 SEC. 5207. REAUTHORIZATION OF RURAL DOMESTIC VIO8 LENCE AND CHILD ABUSE ENFORCEMENT

9 GRANTS.

10 (a) REAUTHORIZATION.—Section 40295(c)(1) of the

11 Violence Against Women Act of 1994 (42 U.S.C.

12 13971(c)(1)) is amended to read as follows:

13 ‘‘(1) IN GENERAL.—There is authorized to be

14 appropriated from the Violent Crime Reduction

15 Trust Fund established under section 310001 of this

16 Act to carry out this section $40,000,000 for each

17 of fiscal years 2000 through 2003.’’.

18 (b) INDIAN TRIBES.—Section 40295(c) of the Vio19 lence Against Women Act of 1994 (42 U.S.C. 13971(c))

20 is amended by adding at the end the following:

21 ‘‘(3) ALLOTMENT FOR INDIAN TRIBES.—

22 ‘‘(A) IN GENERAL.—Not less than 5 per23 cent of the total amount made available to

24 carry out this section for each fiscal year shall
603

•S 899 IS

1 be available for grants to Indian tribal govern2 ments.

3 ‘‘(B) REALLOTMENT OF FUNDS.—If, be4 ginning 9 months after the last day of any fis5 cal year for which amounts are made available

6 to carry out this paragraph, any amount made

7 available under this paragraph remains unobli8 gated, the unobligated amount may be allocated

9 without regard to subparagraph (A).’’.

10 SEC. 5208. NATIONAL STALKER AND DOMESTIC VIOLENCE

11 REDUCTION.

12 (a) REAUTHORIZATION.—Section 40603 of the Vio13 lence Against Women Act of 1994 (42 U.S.C. 14032) is

14 amended to read as follows:

15 ‘‘SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘There is authorized to be appropriated from the Vio17 lent Crime Reduction Trust Fund established under sec18 tion 310001 to carry out this subtitle $3,000,000 for each

19 of fiscal years 2000 through 2003.’’.

20 (b) TECHNICAL AND CONFORMING AMENDMENT.—

21 Section 40602(a) of the Violence Against Women Act of

22 1994 (42 U.S.C. 14031 note) is amended by inserting

23 ‘‘and implement’’ after ‘‘improve’’.
604

•S 899 IS

1 SEC. 5209. DOMESTIC VIOLENCE AND STALKING OFFENSES.

2 (a) INTERSTATE DOMESTIC VIOLENCE.—Section

3 2261(a) of title 18, United States Code, is amended to

4 read as follows:

5 ‘‘(a) OFFENSES.—

6 ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A

7 person who travels in interstate or foreign commerce

8 or to or from Indian country with the intent to in9 jure, harass, or intimidate a spouse or intimate part10 ner, and who, in the course of or as a result of such

11 travel, commits or attempts to commit a crime of vi12 olence against that spouse or intimate partner, shall

13 be punished as provided in subsection (b).

14 ‘‘(2) CAUSING TRAVEL OF VICTIM.—A person

15 who causes a spouse or intimate partner to travel in

16 interstate or foreign commerce or to or from Indian

17 country by force, coercion, duress, or fraud, and

18 who, in the course of or as a result of such conduct

19 or travel, commits or attempts to commit a crime of

20 violence against that spouse or intimate partner,

21 shall be punished as provided in subsection (b).’’.

22 (b) INTERSTATE STALKING.—Section 2261A of title

23 18, United States Code, is amended to read as follows:

24 ‘‘§ 2261A. Interstate stalking

25 ‘‘Whoever—
605

•S 899 IS

1 ‘‘(1) with the intent to injure, harass, or intimi2 date another person, engages in the special maritime

3 and territorial jurisdiction of the United States in

4 conduct that places that person in reasonable fear of

5 the death of, or serious bodily injury to, that person

6 or a member of that person’s immediate family (as

7 defined in section 115); or

8 ‘‘(2) with the intent to injure, harass, or intimi9 date another person, travels in interstate or foreign

10 commerce or to or from Indian country, and in the

11 course of or as a result of such travel engages in

12 conduct that places that person in reasonable fear of

13 the death of, or serious bodily injury to, that person

14 or a member of that person’s immediate family (as

15 defined in section 115),

16 shall be punished as provided in section 2261.’’.

17 (c) INTERSTATE VIOLATION OF PROTECTION

18 ORDER.—Section 2262(a) of title 18, United States Code,

19 is amended to read as follows:

20 ‘‘(a) OFFENSES.—

21 ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A

22 person who travels in interstate or foreign commerce

23 or to or from Indian country with the intent to en24 gage in conduct that violates the portion of a protec25 tion order that prohibits or provides protection
606

•S 899 IS

1 against violence, threats, or harassment against,

2 contact or communication with, or physical prox3 imity to, another person, or that would violate such

4 a portion of a protection order in the jurisdiction in

5 which the order was issued, and subsequently en6 gages in such conduct, shall be punished as provided

7 in subsection (b).

8 ‘‘(2) CAUSING TRAVEL OF VICTIM.—A person

9 who causes another person to travel in interstate or

10 foreign commerce or to or from Indian country by

11 force, coercion, duress, or fraud, and in the course

12 of or as a result of such conduct or travel engages

13 in conduct that violates the portion of a protection

14 order that prohibits or provides protection against

15 violence, threats, or harassment against, contact or

16 communication with, or physical proximity to, an17 other person, or that would violate such a portion of

18 a protection order in the jurisdiction in which the

19 order was issued, shall be punished as provided in

20 subsection (b).’’.

21 (d) DEFINITIONS.—Section 2266 of title 18, United

22 States Code, is amended—

23 (1) by inserting after the first undesignated

24 paragraph the following:
607

•S 899 IS

1 ‘‘ ‘serious bodily injury’ has the meaning stated in

2 section 2119(2).’’; and

3 (2) by striking the final undesignated para4 graph and inserting the following:

5 ‘‘ ‘travel in interstate or foreign commerce’ does not

6 include travel from 1 State to another by an indi7 vidual who is a member of an Indian tribe and who

8 remains at all times in the territory of the Indian

9 tribe of which the individual is a member.’’.

10 SEC. 5210. DOMESTIC VIOLENCE AGAINST WOMEN BY MEM11 BERS OF THE ARMED FORCES.

12 (a) REQUIREMENT FOR REVIEW.—The Secretary of

13 Defense shall conduct a detailed review of the extent of

14 the occurrence of domestic violence by members of the

15 Armed Forces at military installations inside and outside

16 the United States and the actions taken within the De17 partment of Defense to prevent, control, and otherwise re18 spond to domestic violence by Armed Forces personnel at

19 the military installations. The Secretary shall commence

20 the review not later than 30 days after the date of enact21 ment of this Act.

22 (b) REPORT.—Not later than 180 days after the date

23 of enactment of this Act, the Secretary shall submit to

24 the Senate and the House of Representatives a report on

25 the review required by subsection (a). The report shall in-
608

•S 899 IS

1 clude a detailed discussion of the results of the review and

2 any recommendations for actions responding to domestic

3 violence at the military installations.

4 Subchapter B—Strengthening Services to

5 Victims of Violence

6 SEC. 5211. SHELTERS FOR BATTERED WOMEN AND CHIL7 DREN.

8 (a) REAUTHORIZATION.—Section 310(a) of the Fam9 ily Violence Prevention and Services Act (42 U.S.C.

10 10409(a)) is amended to read as follows:

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to carry out

14 this title $120,000,000 for each of the fiscal years

15 2001 and 2002.

16 ‘‘(2) SOURCE OF FUNDS.—Amounts made avail17 able under paragraph (1) may be appropriated from

18 the Violent Crime Reduction Trust Fund established

19 under section 310001 of the Violent Crime Control

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

21 14211).’’.

22 (b) NEEDS ASSESSMENT.—Title III of the Family

23 Violence Prevention and Services Act (42 U.S.C. 10401

24 et seq.) is amended by adding at the end the following:
609

•S 899 IS

1 ‘‘SEC. 319. NEEDS ASSESSMENT.

2 ‘‘In carrying out this title, the Secretary shall provide

3 for the conduct of a nationwide needs assessment relating

4 to the programs carried out under this title. In awarding

5 grants, application shall indicate number of persons served

6 and develop a plan for evaluating need and utility of serv7 ices.’’.

8 SEC. 5212. NATIONAL DOMESTIC VIOLENCE HOTLINE.

9 (a) REAUTHORIZATION.—Section 316(f)(1) of the

10 Family Violence Prevention and Services Act (42 U.S.C.

11 10416(f)(1)) is amended to read as follows:

12 ‘‘(1) IN GENERAL.—There are authorized to be

13 appropriated from the Violent Crime Reduction

14 Trust Fund established under section 310001 of the

15 Violent Crime Control and Law Enforcement Act of

16 1994 (42 U.S.C. 14211) to carry out this section

17 $2,000,000 for each of fiscal years 2000 through

18 2003.’’.

19 (b) REPORT BY GRANTEES.—Section 316 of the

20 Family Violence Prevention and Services Act (42 U.S.C.

21 10416) is amended by adding at the end the following:

22 ‘‘(g) REPORT BY GRANTEES.—

23 ‘‘(1) IN GENERAL.—Not later than 90 days

24 after the date of enactment of this subsection, each

25 recipient of a grant under this section shall prepare

26 and submit a report to the Secretary that evaluates
610

•S 899 IS

1 the effectiveness of the use of amounts received by

2 the recipient under this section and containing such

3 other information as the Secretary may prescribe.

4 ‘‘(2) NOTICE AND PUBLIC COMMENT.—Before

5 renewing any grant under this section, the Secretary

6 shall publish in the Federal Register a copy of each

7 report submitted under this subsection and provide

8 not less than 90 days for notice and opportunity for

9 public comment on the published report.’’.

10 SEC. 5213. BATTERED IMMIGRANT WOMEN.

11 (a) REMOVING BARRIERS TO ADJUSTMENT OF STA12 TUS FOR VICTIMS OF DOMESTIC VIOLENCE.—

13 (1) IN GENERAL.—Section 245 of the Immigra14 tion and Nationality Act (8 U.S.C. 1255) is

15 amended—

16 (A) in subsection (a), by inserting ‘‘of an

17 alien who qualifies for classification under sub18 paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of

19 section 204(a)(1) or’’ after ‘‘The status’’;

20 (B) in subsection (a), by adding at the end

21 the following: ‘‘An alien who qualifies for classi22 fication under subparagraph (A)(iii), (A)(iv),

23 (B)(ii), or (B)(iii) of section 204(a)(1) who files

24 for adjustment of status under this subsection
611

•S 899 IS

1 shall pay a $1,000 fee, subject to the provisions

2 of section 245(k).’’;

3 (C) in subsection (c)(2), by striking

4 ‘‘201(b) or a special’’ and inserting ‘‘201(b), an

5 alien who qualifies for classification under sub6 paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of

7 section 204(a)(1), or a special’’;

8 (D) in subsection (c)(4), by striking

9 ‘‘201(b))’’ and inserting ‘‘201(b) or an alien

10 who qualifies for classification under subpara11 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of sec12 tion 204(a)(1))’’;

13 (E) in subsection (c)(5), by inserting

14 ‘‘(other than an alien who qualifies for classi15 fication under subparagraph (A)(iii), (A)(iv),

16 (B)(ii), or (B)(iii) of section 204(a)(1))’’ after

17 ‘‘an alien’’; and

18 (F) in subsection (c)(8), by inserting

19 ‘‘(other than an alien who qualifies for classi20 fication under subparagraph (A)(iii), (A)(iv),

21 (B)(ii), or (B)(iii) of section 204(a)(1)’’ after

22 ‘‘any alien’’.

23 (2) EFFECTIVE DATE.—The amendments made

24 by paragraph (1) shall apply to applications for ad-
612

•S 899 IS

1 justment of status pending on or after the date of

2 enactment of this Act.

3 (b) REMOVING BARRIERS TO CANCELLATION OF RE4 MOVAL AND SUSPENSION OF DEPORTATION FOR VICTIMS

5 OF DOMESTIC VIOLENCE.—

6 (1) IN GENERAL.—

7 (A) SPECIAL RULE FOR CALCULATING

8 CONTINUOUS PERIOD FOR BATTERED SPOUSE

9 OR CHILD.—Paragraph (1) of section 240A(d)

10 of the Immigration and Nationality Act (8

11 U.S.C. 1229b(d)(1)) is amended to read as fol12 lows:

13 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

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

15 subparagraph (B), for purposes of this section,

16 any period of continuous residence or contin17 uous physical presence in the United States

18 shall be deemed to end when the alien is served

19 a notice to appear under section 239(a) or when

20 the alien has committed an offense referred to

21 in section 212(a)(2) that renders the alien inad22 missible to the United States under section

23 212(a)(2) or removable from the United States

24 under section 237(a) (2) or (4), whichever is

25 earliest.
613

•S 899 IS

1 ‘‘(B) SPECIAL RULE FOR BATTERED

2 SPOUSE OR CHILD.—For purposes of subsection

3 (b)(2), the service of a notice to appear referred

4 to in subparagraph (A) shall not be deemed to

5 end any period of continuous physical presence

6 in the United States.’’.

7 (B) EXEMPTION FROM ANNUAL LIMITA8 TION ON CANCELLATION OF REMOVAL FOR BAT9 TERED SPOUSE OR CHILD.—Section 240A(e)(3)

10 of the Immigration and Nationality Act (8

11 U.S.C. 1229b(e)(3)) is amended by adding at

12 the end the following:

13 ‘‘(C) Aliens whose removal is canceled

14 under subsection (b)(2).’’.

15 (C) EFFECTIVE DATE.—The amendments

16 made by subparagraphs (A) and (B) shall take

17 effect as if included in the enactment of section

18 304 of the Illegal Immigration Reform and Im19 migrant Responsibility Act of 1996 (Public Law

20 104–208; 110 Stat. 587).

21 (2) MODIFICATION OF CERTAIN TRANSITION

22 RULES FOR BATTERED SPOUSE OR CHILD.—

23 (A) IN GENERAL.—Subparagraph (C) of

24 section 309(c)(5) of the Illegal Immigration Re25 form and Immigrant Responsibility Act of 1996
614

•S 899 IS

1 (8 U.S.C. 1101 note) (as amended by section

2 203 of the Nicaraguan Adjustment and Central

3 American Relief Act) is amended—

4 (i) by amending the subparagraph

5 heading to read as follows:

6 ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS

7 GRANTED TEMPORARY PROTECTION FROM DE8 PORTATION AND FOR BATTERED SPOUSES AND

9 CHILDREN.—’’; and

10 (ii) in clause (i)—

11 (I) by striking ‘‘or’’ at the end of

12 subclause (IV);

13 (II) by striking the period at the

14 end of subclause (V) and inserting ‘‘;

15 or’’; and

16 (III) by adding at the end the

17 following:

18 ‘‘(VI) is an alien who was issued

19 an order to show cause or was in de20 portation proceedings prior to April 1,

21 1997, and who applied for suspension

22 of deportation under section 244(a)(3)

23 of the Immigration and Nationality

24 Act (as in effect before the date of en25 actment of this Act).’’.
615

•S 899 IS

1 (B) EFFECTIVE DATE.—The amendments

2 made by subparagraph (A) shall take effect as

3 if included in the enactment of section 309 of

4 the Illegal Immigration Reform and Immigrant

5 Responsibility Act of 1996 (8 U.S.C. 1101

6 note).

7 (c) ELIMINATING TIME LIMITATIONS ON MOTIONS

8 TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS

9 FOR VICTIMS OF DOMESTIC VIOLENCE.—

10 (1) REMOVAL PROCEEDINGS.—

11 (A) IN GENERAL.—Section 240(c)(6)(C) of

12 the Immigration and Nationality Act (8 U.S.C.

13 1229a(c)(6)(C)) is amended by adding at the

14 end the following:

15 ‘‘(iv) SPECIAL RULE FOR BATTERED

16 SPOUSES AND CHILDREN.—There is no

17 time limit on the filing of a motion to re18 open, and the deadline specified in sub19 section (b)(5)(C) does not apply, if the

20 basis of the motion is to apply for adjust21 ment of status based on a petition filed

22 under clause (iii) or (iv) of section

23 204(a)(1)(A), clause (ii) or (iii) of section

24 204(a)(1)(B), or section 240A(b)(2) and if

25 the motion to reopen is accompanied by a
616

•S 899 IS

1 cancellation of removal application to be

2 filed with the Attorney General or by a

3 copy of the self-petition that will be filed

4 with the Immigration and Naturalization

5 Service upon the granting of the motion to

6 reopen.’’.

7 (B) EFFECTIVE DATE.—The amendments

8 made by subparagraph (A) shall take effect as

9 if included in the enactment of section 304 of

10 the Illegal Immigration Reform and Immigrant

11 Responsibility Act of 1996 (Public Law 104–

12 208; 110 Stat. 587).

13 (2) DEPORTATION PROCEEDINGS.—

14 (A) IN GENERAL.—Notwithstanding any

15 limitation imposed by law on motions to reopen

16 deportation proceedings under the Immigration

17 and Nationality Act (as in effect before the title

18 III–A effective date in section 309 of the Illegal

19 Immigration Reform and Immigrant Responsi20 bility Act of 1996 (8 U.S.C. 1101 note)), there

21 is no time limit on the filing of a motion to re22 open such proceedings, and the deadline speci23 fied in section 242B(c)(3) of the Immigration

24 and Nationality Act (as so in effect) does not

25 apply if the basis of the motion is to apply for
617

•S 899 IS

1 relief under clause (iii) or (iv) of section

2 204(a)(1)(A) of the Immigration and Nation3 ality Act, clause (ii) or (iii) of section

4 204(a)(1)(B) of such Act, or section 244(a)(3)

5 of such Act (as so in effect) and if the motion

6 to reopen is accompanied by a cancellation of

7 removal application to be filed with the Attor8 ney General or by a copy of the self-petition

9 that will be filed with the Immigration and Nat10 uralization Service upon the granting of the

11 motion to reopen.

12 (B) APPLICABILITY.—Subparagraph (A)

13 shall apply to motions filed by aliens who—

14 (i) are, or were, in deportation pro15 ceedings under the Immigration and Na16 tionality Act (as in effect before the title

17 III–A effective date in section 309 of the

18 Illegal Immigration Reform and Immigrant

19 Responsibility Act of 1996 (8 U.S.C. 1101

20 note)); and

21 (ii) have become eligible to apply for

22 relief under clause (iii) or (iv) of section

23 204(a)(1)(A) of the Immigration and Na24 tionality Act, clause (ii) or (iii) of section

25 204(a)(1)(B) of such Act, or section
618

•S 899 IS

1 244(a)(3) of such Act (as in effect before

2 the title III–A effective date in section 309

3 of the Illegal Immigration Reform and Im4 migrant Responsibility Act of 1996 (8

5 U.S.C. 1101 note)) as a result of the

6 amendments made by—

7 (I) subtitle G of title IV of the

8 Violent Crime Control and Law En9 forcement Act of 1994 (Public Law

10 103–322; 108 Stat. 1953 et seq.); or

11 (II) subsection (b) of this section.

12 Subchapter C—Limiting the Effects of

13 Violence on Children

14 SEC. 5214. REAUTHORIZATION OF RUNAWAY AND HOME15 LESS YOUTH GRANTS.

16 (a) IN GENERAL.—Section 316(c) of the Runaway

17 and Homeless Youth Act (42 U.S.C. 5712d(c)) is amend18 ed to read as follows:

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

20 is authorized to be appropriated from the Violent Crime

21 Reduction Trust Fund established under section 310001

22 of the Violent Crime Control and Law Enforcement Act

23 of 1994 (42 U.S.C. 14211) to carry out this section

24 $20,000,000 for each of fiscal years 2000 through 2003.’’.
619

•S 899 IS

1 (b) DISSEMINATION OF INFORMATION.—Section 316

2 of part A of the Runaway and Homeless Youth Act (42

3 U.S.C. 5712d) is amended—

4 (1) by redesignating subsection (d) as sub5 section (e); and

6 (2) by inserting after subsection (c) the fol7 lowing:

8 ‘‘(d) DISSEMINATION OF INFORMATION.—The Sec9 retary shall annually compile and broadly disseminate (in10 cluding through electronic publication) information about

11 the use of amounts expended and the projects funded

12 under this subtitle, including any evaluations of the

13 projects and information to enable replication and adop14 tion of the strategies identified in the projects. Such dis15 semination shall target community-based programs, in16 cluding domestic violence and sexual assault programs.’’.

17 SEC. 5215. REAUTHORIZATION OF VICTIMS OF CHILD

18 ABUSE PROGRAMS.

19 (a) COURT-APPOINTED SPECIAL ADVOCATE PRO20 GRAM.—Section 218(a) of the Victims of Child Abuse Act

21 of 1990 (42 U.S.C. 13014(a)) is amended to read as fol22 lows:

23 ‘‘(a) AUTHORIZATION.—There are authorized to be

24 appropriated from the Violent Crime Reduction Trust

25 Fund established under section 310001 of the Violent
620

•S 899 IS

1 Crime Control and Law Enforcement Act of 1994 (42

2 U.S.C. 14211) to carry out this subtitle—

3 ‘‘(1) $9,000,000 for fiscal year 2000;

4 ‘‘(2) $10,000,000 for fiscal year 2001; and

5 ‘‘(3) $12,000,000 for each of fiscal years 2002

6 and 2003.’’.

7 (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDI8 CIAL PERSONNEL AND PRACTITIONERS.—Section 224(a)

9 of the Victims of Child Abuse Act of 1990 (42 U.S.C.

10 13024(a) is amended to read as follows:

11 ‘‘(a) AUTHORIZATION.—There are authorized to be

12 appropriated from the Violent Crime Reduction Trust

13 Fund established under section 310001 of the Violent

14 Crime Control and Law Enforcement Act of 1994 (42

15 U.S.C. 14211) to carry out this subtitle—

16 ‘‘(1) $2,000,000 for fiscal year 2000; and

17 ‘‘(2) $2,300,000 for each of fiscal years 2001

18 through 2003.’’.

19 (c) DISSEMINATION OF INFORMATION.—The Attor20 ney General shall annually compile and broadly dissemi21 nate (including through electronic publication) informa22 tion about the use of amounts expended and the projects

23 funded under section 218(a) of the Victims of Child Abuse

24 Act of 1990 (42 U.S.C. 13014(a)), section 224(a) of the

25 Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)),
621

•S 899 IS

1 and section 1007(a)(7) of title I of the Omnibus Crime

2 Control and Safe Streets Act of 1968 (42 U.S.C.

3 3793(a)(7)), including any evaluations of the projects and

4 information to enable replication and adoption of the

5 strategies identified in the projects. Such dissemination

6 shall target community-based programs, including domes7 tic violence and sexual assault programs.

8 Subchapter D—Strengthening Education and

9 Training To Combat Violence Against Women

10 SEC. 5216. EDUCATION AND TRAINING TO END VIOLENCE

11 AGAINST AND ABUSE OF WOMEN WITH DIS12 ABILITIES.

13 (a) IN GENERAL.—The Attorney General shall make

14 grants to States and nongovernmental private entities to

15 provide education and technical assistance for the purpose

16 of providing training, consultation, and information on vi17 olence, abuse, and sexual assault against women who are

18 individuals with disabilities (as defined in section 3 of the

19 Americans with Disabilities Act of 1990 (42 U.S.C.

20 12102)).

21 (b) PRIORITIES.—In making grants under this sec22 tion, the Attorney General shall give priority to applica23 tions designed to provide education and technical assist24 ance on—
622

•S 899 IS

1 (1) the nature, definition, and characteristics of

2 violence, abuse, and sexual assault experienced by

3 women who are individuals with disabilities;

4 (2) outreach activities to ensure that women

5 who are individuals with disabilities who are victims

6 of violence, abuse, and sexual assault receive appro7 priate assistance;

8 (3) the requirements of shelters and victim

9 services organizations under Federal anti-discrimina10 tion laws, including the Americans with Disabilities

11 Act of 1990 and section 504 of the Rehabilitation

12 Act of 1973; and

13 (4) cost-effective ways that shelters and victim

14 services may accommodate the needs of individuals

15 with disabilities in accordance with the Americans

16 with Disabilities Act of 1990.

17 (c) USES OF GRANTS.—Each recipient of a grant

18 under this section shall provide information and training

19 to organizations and programs that provide services to in20 dividuals with disabilities, including independent living

21 centers, disability-related service organizations, and do22 mestic violence programs providing shelter or related as23 sistance.

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated from the Violent Crime Re-
623

•S 899 IS

1 duction Trust Fund established under section 310001 of

2 the Violent Crime Control and Law Enforcement Act of

3 1994 (42 U.S.C. 14211) to carry out this section

4 $5,000,000 for each of fiscal years 2000 through 2003.

5 SEC. 5217. COMMUNITY INITIATIVES.

6 Section 318 of the Family Violence Prevention and

7 Services Act (42 U.S.C. 10418) is amended—

8 (1) in subsection (b)(2)—

9 (A) in subparagraph (G), by striking

10 ‘‘and’’ at the end;

11 (B) by redesignating subparagraph (H) as

12 subparagraph (I); and

13 (C) by inserting after subparagraph (G)

14 the following:

15 ‘‘(H) groups that provide services to or ad16 vocate on behalf of individuals with disabilities

17 (as defined in section 3 of the Americans with

18 Disabilities Act of 1990 (42 U.S.C. 12102));

19 and’’.

20 (2) by striking subsection (h) and inserting the

21 following:

22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

23 is authorized to be appropriated from the Violent Crime

24 Reduction Trust Fund established under section 310001

25 of the Violent Crime Control and Law Enforcement Act
624

•S 899 IS

1 of 1994 (42 U.S.C. 14211) to carry out this section

2 $6,000,000 for each of fiscal years 2000 through 2003.’’.

3 CHAPTER 2—GENERAL REFORMS

4 SEC. 5221. PARTICIPATION OF RELIGIOUS ORGANIZATIONS

5 IN VIOLENCE AGAINST WOMEN ACT OF 1994

6 PROGRAMS.

7 Notwithstanding any other provision of law—

8 (1) religious organizations shall be eligible to

9 participate in any grant program authorized pursu10 ant to the Violence Against Women Act of 1994

11 (title IV of Public Law 103–322) that allows for the

12 participation of nongovernmental entities, programs,

13 or agencies, or any private organizations;

14 (2) no Federal or State governmental agency

15 receiving funds under any such program shall dis16 criminate against an organization on the basis that

17 the organization has a religious character; and

18 (3) nothing in this section may be construed to

19 preempt any provision of a State constitution or

20 State statute that prohibits or restricts the expendi21 ture of State funds in or by religious organizations.
625

•S 899 IS

1 SEC. 5222. DEATH PENALTY FOR FATAL INTERSTATE DO2 MESTIC VIOLENCE OFFENSES.

3 Sections 2261(b)(1) and 2262(b)(1) of title 18,

4 United States Code, are each amended by inserting ‘‘or

5 may be sentenced to death,’’ after ‘‘years,’’.

6 SEC. 5223. DEATH PENALTY FOR FATAL INTERSTATE VIO7 LATIONS OF PROTECTIVE ORDERS.

8 Section 2262 of title 18, United States Code, is

9 amended by inserting ‘‘or may be sentenced to death,’’

10 after ‘‘years,’’.

11 SEC. 5224. EVIDENCE OF DISPOSITION OF DEFENDANT TO12 WARD VICTIM IN DOMESTIC VIOLENCE CASES

13 AND OTHER CASES.

14 Rule 404(b) of the Federal Rules of Evidence is

15 amended by striking ‘‘or absence of mistake or accident’’

16 and inserting ‘‘absence of mistake or accident, or a dis17 position toward a particular individual,’’.

18 SEC. 5225. HIV TESTING OF DEFENDANTS IN SEXUAL AS19 SAULT CASES.

20 (a) IN GENERAL.—Chapter 109A of title 18, United

21 States Code, is amended by adding at the end the fol22 lowing:
626

•S 899 IS

1 ‘‘§ 2249. Testing for human immunodeficiency virus;

2 disclosure of test results to victim; effect

3 on penalty

4 ‘‘(a) TESTING AT TIME OF PRETRIAL RELEASE DE5 TERMINATION.—

6 ‘‘(1) IN GENERAL.—In a case in which a person

7 is charged with an offense under this chapter, upon

8 request of the victim, a judicial officer issuing an

9 order pursuant to section 3142(a) shall include in

10 the order a requirement that a test for the human

11 immunodeficiency virus be performed upon the per12 son, and that followup tests for the virus be per13 formed 6 months and 12 months following the date

14 of the initial test, unless the judicial officer deter15 mines that the conduct of the person created no risk

16 of transmission of the virus to the victim, and so

17 states in the order.

18 ‘‘(2) TIMING.—The order shall direct that the

19 initial test be performed within 24 hours, or as soon

20 thereafter as feasible.

21 ‘‘(3) NO RELEASE FROM CUSTODY.—Any per22 son upon whom a test is performed under this

23 section—

24 ‘‘(A) shall not be released from custody

25 until the test is performed; and
627

•S 899 IS

1 ‘‘(B) unless indigent, shall be responsible

2 for paying for the test at the time the test is

3 performed.

4 ‘‘(b) TESTING AT LATER TIME.—

5 ‘‘(1) IN GENERAL.—If a person charged with

6 an offense under this chapter was not tested for the

7 human immunodeficiency virus pursuant to sub8 section (a), the court may at a later time direct that

9 such a test be performed upon the person, and that

10 followup tests be performed 6 months and 12

11 months following the date of the initial test, if it ap12 pears to the court that the conduct of the person

13 may have risked transmission of the virus to the vic14 tim.

15 ‘‘(2) TIMING.—A testing requirement under

16 this subsection may be imposed at any time while

17 the charge is pending, or following conviction at any

18 time prior to the completion of service of the sen19 tence by the person.

20 ‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A

21 requirement of followup testing imposed under this section

22 shall be canceled if any test is positive for the virus or

23 the person obtains an acquittal on, or dismissal of, all

24 charges under this chapter.

25 ‘‘(d) DISCLOSURE OF TEST RESULTS.—
628

•S 899 IS

1 ‘‘(1) IN GENERAL.—The results of any test for

2 the human immunodeficiency virus performed pursu3 ant to an order under this section shall be provided

4 to the judicial officer or court.

5 ‘‘(2) DISCLOSURE TO VICTIM.—The judicial of6 ficer or court shall ensure that the results are dis7 closed to the victim (or to the parent or legal guard8 ian of the victim, as appropriate), the attorney for

9 the government, and the person tested.

10 ‘‘(3) APPLICABILITY OF OTHER LAW.—Test re11 sults disclosed pursuant to this subsection shall be

12 subject to paragraphs (5) through (7) of section

13 40503(b) of the Violent Crime Control Act of 1994

14 (42 U.S.C. 14011(b)).

15 ‘‘(4) COUNSELING.—Any test result of the de16 fendant given to the victim or the defendant must be

17 accompanied by appropriate counseling, unless the

18 recipient does not wish to receive such counseling.

19 ‘‘(e) EFFECT ON PENALTY.—The United States Sen20 tencing Commission shall amend the Federal sentencing

21 guidelines for sentences for offenses under this chapter to

22 enhance the sentence if the offender knew or had reason

23 to know that the offender was infected with the human

24 immunodeficiency virus, except if the offender did not en-
629

•S 899 IS

1 gage or attempt to engage in conduct creating a risk of

2 transmission of the virus to the victim.’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

4 The analysis for chapter 109A of title 18, United States

5 Code, is amended by adding at the end the following:

‘‘2249. Testing for human immunodeficiency virus; disclosure of test results to

victim; effect on penalty.’’.

6 (c) AMENDMENTS TO TESTING PROVISIONS.—Sec7 tion 40503(b) of the Violent Crime Control and Law En8 forcement Act of 1994 (42 U.S.C. 14011(b)) is

9 amended—

10 (1) by striking the subsection heading and in11 serting the following:

12 ‘‘(b) TESTING OF DEFENDANTS.—’’;

13 (2) in paragraph (1)—

14 (A) by inserting ‘‘, or the Government in

15 such a case,’’ after ‘‘subsection (a)’’;

16 (B) by inserting ‘‘(or to the parent or legal

17 guardian of the victim, as appropriate)’’ after

18 ‘‘communicated to the victim’’; and

19 (C) by inserting ‘‘, unless the recipient

20 does not wish to receive such counseling’’ after

21 ‘‘counseling’’; and

22 (3) in paragraph (2)—

23 (A) by striking ‘‘to obtain an order under

24 paragraph (1), the victim must demonstrate
630

•S 899 IS

1 that’’ and inserting ‘‘the victim or the Govern2 ment may obtain an order under paragraph (1)

3 by showing that’’;

4 (B) in subparagraph (A)—

5 (i) by striking ‘‘the offense’’ and in6 serting ‘‘a sexual assault involving alleged

7 conduct that poses a risk of transmission

8 of the etiologic agent for acquired immune

9 deficiency syndrome’’; and

10 (ii) by inserting ‘‘and’’ after the semi11 colon;

12 (C) in subparagraph (B), by striking

13 ‘‘after appropriate counseling; and’’ and insert14 ing a period; and

15 (D) by striking subparagraph (C).

16 CHAPTER 3—MISCELLANEOUS

17 PROVISIONS

18 SEC. 5231. INCREASED PENALTIES FOR POSSESSION OF MA19 TERIAL INVOLVING THE SEXUAL EXPLOI20 TATION OF MINORS AND MATERIAL CONSTI21 TUTING OR CONTAINING CHILD PORNOG22 RAPHY.

23 (a) SEXUAL EXPLOITATION OF MINORS.—Section

24 2252(b)(2) of title 18, United States Code, is amended—

25 (1) by striking ‘‘5’’ and inserting ‘‘15’’;
631

•S 899 IS

1 (2) by striking ‘‘2’’ and inserting ‘‘5’’; and

2 (3) by striking ‘‘10’’ and inserting ‘‘20’’.

3 (b) CHILD PORNOGRAPHY.—Section 2252A(b)(2) of

4 title 18, United States Code, is amended—

5 (1) by striking ‘‘5’’ and inserting ‘‘15’’;

6 (2) by striking ‘‘2’’ and inserting ‘‘5’’; and

7 (3) by striking ‘‘10’’ and inserting ‘‘20’’.

8 SEC. 5232. CHILD ABUSE MURDERS.

9 Section 1111 of title 18, United States Code, is

10 amended—

11 (1) in subsection (a)—

12 (A) by inserting ‘‘child abuse,’’ after ‘‘sex13 ual abuse,’’; and

14 (B) by inserting ‘‘or perpetrated as part of

15 a pattern or practice of assault or torture

16 against a child or children under the perpetra17 tor’s care or control;’’ after ‘‘robbery;’’; and

18 (2) by adding at the end the following:

19 ‘‘(c) DEFINITIONS.—In this section—

20 ‘‘(1) the term ‘assault’ has the same meaning

21 as in section 113;

22 ‘‘(2) the term ‘child’ means a person who is less

23 than 18 years of age;

24 ‘‘(3) the term ‘child abuse’ means intentionally,

25 knowingly, or recklessly causing serious bodily injury
632

•S 899 IS

1 (as defined in section 1365) to a child under the

2 perpetrator’s care or control;

3 ‘‘(4) the term ‘pattern or practice of assault or

4 torture’ means assault or torture engaged in on not

5 less than 2 occasions; and

6 ‘‘(5) the term ‘torture’ means an act, whether

7 or not committed under the color of law, that other8 wise satisfies the definition set forth in section

9 2340(1).’’.

10 SEC. 5233. SENTENCING ENHANCEMENT FOR CRIMES COM11 MITTED IN THE PRESENCE OF CHILDREN.

12 (a) DEFINITIONS.—In this section—

13 (1) the term ‘‘crime of violence’’ has the mean14 ing given the term in section 25 of title 18, United

15 States Code; and

16 (2) the term ‘‘child’’ means a person who is less

17 than 15 years of age.

18 (b) DIRECTIVE TO THE UNITED STATES SEN19 TENCING COMMISSION.—Pursuant to its authority under

20 section 994(p) of title 28, United States Code, and in ac21 cordance with this section, the United States Sentencing

22 Commission shall review and amend its guidelines and its

23 policy statements to provide for increased penalties for

24 persons convicted of crimes of violence that are committed

25 in the presence of a child.
633

•S 899 IS

1 (c) REQUIREMENTS.—In carrying out this section,

2 the Sentencing Commission shall—

3 (1) ensure that the sentencing guidelines and

4 policy statements reflect the serious effects on chil5 dren of exposure to violence, especially in the home,

6 and the need for aggressive and appropriate law en7 forcement action to prevent such exposure;

8 (2) consider providing an additional sentencing

9 enhancement for persons convicted of offenses de10 scribed in subsection (b) in appropriate cir11 cumstances;

12 (3) consult with individuals or groups rep13 resenting crime victims, victimized and exploited

14 children, victims of domestic violence, the Indian

15 tribal governments, law enforcement, and the Fed16 eral judiciary as part of the review described in sub17 section (b);

18 (4) ensure reasonable consistency with other

19 relevant directives and with other guidelines;

20 (5) account for any aggravating or mitigating

21 circumstances that might justify exceptions, includ22 ing circumstances for which the sentencing guide23 lines currently provide sentencing enhancements;

24 (6) make any necessary conforming changes to

25 the sentencing guidelines; and
634

•S 899 IS

1 (7) ensure that the guidelines adequately meet

2 the purposes of sentencing as set forth in section

3 3553(a)(2) of title 18, United States Code.

4 (d) EMERGENCY AUTHORITY.—The Commission

5 shall promulgate the guidelines or amendments provided

6 for under this section as soon as practicable in accordance

7 with the procedures set forth in section 21(a) of the Sen8 tencing Act of 1987, as though the authority under that

9 Act has not expired.

10 (e) STUDY AND REPORT ON EXPOSURE OF CHIL11 DREN TO CRIMES OF VIOLENCE.—Not later than June 1,

12 2000, the United States Sentencing Commission shall sub13 mit a report to Congress on issues relating to the exposure

14 of children to crimes of violence. The report shall explain

15 the changes to sentencing policy made by the Sentencing

16 Commission in response to this Act and include any rec17 ommendations that the Commission may have for reten18 tion or modification of current penalty levels, including

19 statutory penalty levels, and for otherwise combating expo20 sure of children to crimes of violence and the serious ef21 fects that are associated with such exposure.

22 SEC. 5234. RIGHTS OF CHILD VICTIMS AND WITNESSES.

23 (a) DEFINITIONS.—Section 3509(a)(2) of title 18,

24 United States Code, is amended—
635

•S 899 IS

1 (1) in subparagraph (A), by striking ‘‘of phys2 ical abuse, sexual abuse, or exploitation’’; and

3 (2) in subparagraph (B), by striking ‘‘com4 mitted against another person’’ and inserting ‘‘,

5 other than a crime the child committed or to which

6 the child contributed as a codefendant or con7 spirator’’.

8 (b) ALTERNATIVES TO LIVE IN-COURT TESTI9 MONY.—Section 3509(b) of title 18, United States Code,

10 is amended, in each of paragraphs (1)(A) and (2)(A), by

11 inserting ‘‘or an offense to which a child is a witness’’

12 after ‘‘child’’.

13 (c) PRIVACY PROTECTION.—Section 3509(d) of title

14 18, United States Code, is amended—

15 (1) in each paragraphs (1), (2), and (3)(A), by

16 inserting ‘‘or a person who was a child at the time

17 of the offense’’ after ‘‘child’’ each place it appears;

18 (2) in paragraph (1)—

19 (A) in subparagraph (A), by inserting ‘‘,

20 evidence, or other items’’ after ‘‘documents’’

21 each place it appears; and

22 (B) by adding at the end the following:

23 ‘‘(C) The requirements of subparagraph (A)

24 shall apply, regardless of whether the person de25 scribed in that paragraph continues to act in a ca-
636

•S 899 IS

1 pacity described in subparagraph (B) at the time of

2 the disclosure.’’;

3 (3) in paragraph (2)—

4 (A) by inserting ‘‘, evidence, or other

5 items’’ after ‘‘papers’’; and

6 (B) in each of subparagraphs (A) and (B),

7 by inserting ‘‘, evidence, or other item’’ after

8 ‘‘paper’’;

9 (4) in paragraph (3), by inserting ‘‘or a person

10 who was a child at the time of the offense’’ after

11 ‘‘child’’ the second and third places it appears;

12 (5) in paragraph (4)—

13 (A) by inserting ‘‘or a person who was a

14 child at the time of the offense’’ after ‘‘child’’

15 the first and third places it appears; and

16 (B) by striking ‘‘or an adult attendant’’

17 and inserting ‘‘an adult attendant, or a victim

18 or witness assistance program’’; and

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

20 ‘‘(5) APPLICABILITY TO GRAND JURY PRO21 CEEDINGS.—The provisions of this subsection may

22 be applied to proceedings of the grand jury, includ23 ing lists of witnesses and exhibits.’’.

24 (d) CLOSING THE COURTROOM.—Section 3509(e) of

25 title 18, United States Code, is amended by inserting ‘‘or
637

•S 899 IS

1 a person who was a child at the time of the offense’’ after

2 ‘‘child’’ each place it appears.

3 (e) ADULT ATTENDANT.—Section 3509(i) of title 18,

4 United States Code, is amended—

5 (1) in the last sentence, by striking ‘‘child at6 tendant’’ and inserting ‘‘adult attendant’’; and

7 (2) by inserting ‘‘, if such testimony or deposi8 tion is carried out under subsection (b)’’ before the

9 period at the end.

10 SEC. 5235. TECHNICAL CORRECTIONS TO FORFEITURE

11 STATUTES FOR SEXUAL EXPLOITATION OF

12 MINORS.

13 (a) CRIMINAL FORFEITURE FOR OFFENSES AGAINST

14 MINORS.—Section 2253(a) of title 18, United States

15 Code, is amended by striking ‘‘or 2423’’ and inserting

16 ‘‘2423, or 2425’’.

17 (b) CIVIL FORFEITURE FOR OFFENSES AGAINST MI18 NORS.—Section 2254(a)(1) of title 18, United States

19 Code, is amended by striking ‘‘or 2423’’ and inserting

20 ‘‘2423, or 2425’’.

21 (c) CIVIL REMEDY FOR PERSONAL INJURIES RE22 SULTING FROM CERTAIN SEX CRIMES AGAINST CHIL23 DREN.—Section 2255(a) of title 18, United States Code,

24 is amended by striking ‘‘or 2423’’ and inserting ‘‘2423,

25 or 2425’’.
638

•S 899 IS

1 SEC. 5236. AMENDMENTS TO VICTIMS OF CRIME ACT OF

2 1984.

3 (a) IN GENERAL.—Section 1404(c) of the Victims of

4 Crime Act of 1984 (42 U.S.C. 10603(c)) is amended—

5 (1) in paragraph (1)—

6 (A) in subparagraph (A), by striking

7 ‘‘and’’ at the end; and

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

9 ‘‘(C) to assist Federal law enforcement

10 agencies in providing services to victims of non11 Federal crime;

12 ‘‘(D) for the financial support of services

13 to United States citizens who are victims of

14 crime occurring outside the United States; and

15 ‘‘(E) for the establishment of a fellowship

16 or internship program in the Office to utilize

17 the expertise and experience of the victims com18 munity to carry out training and technical as19 sistance services and special projects authorized

20 by the subchapter.’’; and

21 (2) by striking paragraph (2) and inserting the

22 following:

23 ‘‘(2) Of the amount available for grants under

24 this subsection—
639

•S 899 IS

1 ‘‘(A) not more than 50 percent shall be

2 used for grants under subparagraphs (A) and

3 (E) of paragraph (1); and

4 ‘‘(B) not less than 50 percent shall be used

5 for grants under subparagraphs (B), (C), and

6 (D) of paragraph (1).’’.

7 (b) VICTIMS OF TERRORISM.—Section 1404B of the

8 Victims of Crime Act of 1984 (42 U.S.C. 10603b) is

9 amended to read as follows:

10 ‘‘SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS

11 OF TERRORISM OR MASS VIOLENCE.

12 ‘‘The Director may make supplemental grants, as

13 provided in either section 1402(d)(4)(B) or 1404, to

14 States for eligible crime victim compensation and assist15 ance programs, and to instrumentalities of the Federal

16 Government, and to organizations or agencies which pro17 vide emergency and ongoing assistance to victims of crime,

18 to provide emergency relief (including compensation, as19 sistance, and crisis response) and to provide emergency

20 responders with training and technical assistance, for the

21 benefit of—

22 ‘‘(1) victims of a terrorist act or mass violence

23 occurring within the United States (as defined in

24 section 2340 of title 18, United States Code); and

25 ‘‘(2) individuals—
640

•S 899 IS

1 ‘‘(A) who are—

2 ‘‘(i) citizens of the United States; or

3 ‘‘(ii) officers or employees of the Fed4 eral Government; and

5 ‘‘(B) who—

6 ‘‘(i) while outside of the United States

7 are victims of a terrorist act or mass vio8 lence; and

9 ‘‘(ii) are not eligible for compensation

10 under title VIII of the Omnibus Diplomatic

11 Security and Antiterrorism Act of 1986.’’.

12 SEC. 5237. VICTIMIZATION DATA ON DISABLED PERSONS.

13 The Crime Victims With Disabilities Awareness Act

14 (42 U.S.C. 3732 note) is amended by striking section 5

15 and inserting the following:

16 ‘‘SEC. 5. NATIONAL CRIME VICTIMIZATION SURVEY.

17 ‘‘Not later than 1 year after completion of the study

18 under section 4, the Bureau of Justice Statistics shall ini19 tiate revisions to the National Crime Victimization Survey,

20 following a period of experimentation and pretesting, de21 signed to systematically gather data from individuals with

22 developmental disabilities relating to—

23 ‘‘(1) the nature of crimes against such individ24 uals; and
641

•S 899 IS

1 ‘‘(2) the specific characteristics of such vic2 tims.’’.

3 SEC. 5238. WIRETAPPING AUTHORITY FOR SEX TOURISM

4 INVESTIGATIONS.

5 Section 2516(1)(c) of title 18, United States Code,

6 is amended by inserting ‘‘section 2423(b) (relating to trav7 el with intent to engage in sexual acts with juveniles),’’

8 before ‘‘section 1203’’.

9 Subtitle C—Victims Rights

10 Amendment

11 SEC. 5301. SENSE OF THE SENATE.

12 (a) FINDINGS.—The Senate finds that—

13 (1) each year in the United States there are

14 9,000,000 victims of violent crime who suffer injury

15 and loss at the hands of violent offenders;

16 (2) the Constitution of the United States pro17 vides fundamental rights to defendants in the crimi18 nal justice process, including the right to due proc19 ess, the right to be informed of the nature and cause

20 of the accusation, the right to a speedy and public

21 trial by an impartial jury, the right to confront wit22 nesses, the right to counsel, and the right to be free

23 from the compulsion to self-incrimination;
642

•S 899 IS

1 (3) the Constitution of the United States con2 tains no specific rights protecting victims in the

3 criminal justice process;

4 (4) the Constitution of the United States does

5 not preserve for crime victims—

6 (A) a right to notice of proceedings related

7 to the crime against them;

8 (B) the right to have their interest in a

9 speedy trial considered;

10 (C) the right to be present and heard at

11 proceedings related to the crime against them,

12 including bail hearings, plea acceptance hear13 ings, and sentencing hearings;

14 (D) the right to be informed and have

15 their safety considered when the criminal by

16 whom they were victimized is released or es17 capes; or

18 (E) the right to an order that restitution

19 be made by the criminal by whom they were vic20 timized; and

21 (5) victims of crime often feel abused by the

22 criminal justice system which frequently does not

23 recognize their rights.

24 (b) SENSE OF THE SENATE.—It is the sense of the

25 Senate that Congress should pass and refer to the States
643

•S 899 IS

1 for consideration and ratification an amendment to the

2 Constitution of the United States recognizing and pro3 tecting the rights of victims of crime in the criminal justice

4 process.

5 Subtitle D—Recognition of Victims

6 in Sentencing

7 SEC. 5401. COMPOSITION OF UNITED STATES SENTENCING

8 COMMISSION.

9 (a) IN GENERAL.—Section 991(a) of title 28, United

10 States Code, is amended by inserting after ‘‘same political

11 party.’’ the following: ‘‘Of the members who are not Fed12 eral judges, not less than 2 members shall be individuals

13 who are victims of a crime of violence (as that term is

14 defined in section 16 of title 18) or, in the case of a homi15 cide, an immediate family member of such a victim.’’.

16 (b) APPLICABILITY.—The amendment made by this

17 section shall apply with respect to any appointment made

18 on or after the date of enactment of this Act.
644

•S 899 IS

1 TITLE VI—PRISONS AND JAILS

2 Subtitle A—Violent Offender Incar3 ceration and Truth-in-Sen4 tencing Incentive Grants

5 SEC. 6101. REAUTHORIZATION OF GRANTS.

6 (a) AUTHORIZATION OF GRANTS.—Section 20102(a)

7 of the Violent Crime Control and Law Enforcement Act

8 of 1994 (42 U.S.C. 13702(a)) is amended—

9 (1) in paragraph (2), by striking ‘‘and’’ at the

10 end;

11 (2) in paragraph (3), by striking the period at

12 the end and inserting ‘‘; and’’; and

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

14 ‘‘(4) subject to the requirements of section

15 20105(f), to open or operate a correctional facility

16 or jail, including the hiring and training of correc17 tional officers and other correctional facility or jail

18 personnel.’’.

19 (b) SPECIAL RULES.—Section 20105 of the Violent

20 Crime Control and Law Enforcement Act of 1994 (42

21 U.S.C. 13705) is amended—

22 (1) in subsection (a)(1), by striking ‘‘not more

23 than 15’’ and inserting ‘‘not less than 20’’; and

24 (2) by adding at the end the following:
645

•S 899 IS

1 ‘‘(f) OPERATING COSTS.—Notwithstanding any other

2 provision of this subtitle, a State (or a unit of local govern3 ment located in a State) that otherwise meets the require4 ments of section 20103 or 20104, may use amounts re5 ceived under this subtitle for the operation of prisons or

6 jails, including the hiring or training of correctional offi7 cers or other correctional facility or jail personnel, if the

8 State certifies to the Attorney General that—

9 ‘‘(1) the State has met the requirements of sec10 tion 20104 for each of the 3 preceding years;

11 ‘‘(2) the population of correctional facilities and

12 jails in the State or unit of local government is not

13 less than 10 percent below rated capacity for such

14 facilities;

15 ‘‘(3) the State has not, during the preceding 12

16 months, rented prison bed space in another State for

17 the purpose of relieving prison or jail overcrowding;

18 and

19 ‘‘(4) the State has implemented, or, within 18

20 months after the initial certification under this sub21 section, will implement—

22 ‘‘(A) laws, policies, or procedures requiring

23 inmates to pay minimal amounts as a user co24 payment for the utilization of prison or jail

25 medical services; and
646

•S 899 IS

1 ‘‘(B) laws, policies, or procedures, includ2 ing the requirement of payment of filing fees, to

3 discourage the filing in State court of frivolous

4 or harassing lawsuits by inmates.’’.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

6 20108(a)(1) of the Violent Crime Control and Law En7 forcement Act of 1994 (42 U.S.C. 13708(a)(1)) is amend8 ed to read as follows:

9 ‘‘(1) AUTHORIZATIONS.—There is authorized to

10 be appropriated to carry out this subtitle

11 $700,000,000 for each of fiscal years 2001 through

12 2005.’’.

13 (d) PAYMENTS FOR INCARCERATION ON TRIBAL

14 LANDS.—Section 20109 of the Violent Crime Control and

15 Law Enforcement Act of 1994 (42 U.S.C. 13709) is

16 amended by striking ‘‘to carry out this section—’’ and all

17 that follows before the period at the end and inserting the

18 following: ‘‘to carry out this section, an amount equal to

19 the amount to which all Indian tribes that qualify for a

20 grant under this section would collectively be entitled, if

21 such tribes were collectively treated as a State for pur22 poses of section 20108(a)(2)’’.

23 (e) ELIMINATION OF CERTAIN PAYMENTS.—
647

•S 899 IS

1 (1) IN GENERAL.—Subtitle A of title II of Vio2 lent Crime Control and Law Enforcement Act of

3 1994 (42 U.S.C. 13701 et seq.) is amended—

4 (A) by striking sections 20110 and 20111;

5 and

6 (B) by redesignating section 20112 as sec7 tion 20110.

8 (2) TECHNICAL AND CONFORMING AMEND9 MENTS.—The table of contents of the Violent Crime

10 Control and Law Enforcement Act of 1994 is

11 amended, in the matter relating to subtitle A of title

12 II—

13 (A) by striking the items relating to sec14 tion 20110 and 20111; and

15 (B) by redesignating the item relating to

16 section 20112 as an item relating to section

17 20110.

18 Subtitle B—Criminal Alien

19 Incarceration

20 SEC. 6201. SHORT TITLE.

21 This subtitle may be cited as the ‘‘Transfer of Alien

22 Prisoners Act of 1999’’.

23 SEC. 6202. TRANSFERS OF ALIEN PRISONERS.

24 (a) IN GENERAL.—Not later than December 31,

25 2000, the Attorney General shall begin transferring un-
648

•S 899 IS

1 documented aliens who are in the United States, incarcer2 ated in a Federal, State, or local prison, whose convictions

3 have become final, to the custody of the government of

4 the alien’s country of nationality for service of the dura5 tion of the alien’s sentence in the alien’s country.

6 (b) INAPPLICABILITY TO CERTAIN ALIENS.—This

7 section does not apply to aliens who are nationals of a

8 foreign country that the Secretary of State has determined

9 under section 6(j) of the Export Administration Act of

10 1979 has repeatedly provided support for acts of inter11 national terrorism.

12 SEC. 6203. CONSENT UNNECESSARY.

13 (a) TREATY RENEGOTIATION.—The Secretary of

14 State shall renegotiate all treaties requiring the consent

15 of an alien who is in the United States, whether present

16 lawfully or unlawfully, who is, or who is about to be, incar17 cerated in a Federal, State, or local prison or jail before

18 such person may be transferred to the country of nation19 ality of that person to ensure that no such consent is re20 quired in any case under any treaty. If the Secretary of

21 State is unable to negotiate with a foreign nation a new

22 treaty that would go into effect by December 31, 2000,

23 that does not require such consent, the Secretary shall

24 withdraw the United States as a party to any existing

25 treaty requiring such consent.
649

•S 899 IS

1 (b) GENERAL REPEAL.—Notwithstanding any other

2 provision of law, the consent of an alien covered by this

3 subtitle shall not be required before such alien may be des4 ignated for transfer or before such alien may be trans5 ferred to the country of nationality of that alien.

6 SEC. 6204. CERTIFICATION TRANSFER REQUIREMENT.

7 Not later than March 1 of each year, the President

8 shall submit to Congress a certification as to whether each

9 foreign country has accepted, and has confined for the du10 ration of their sentences, the persons described in section

11 6203(a).

12 SEC. 6205. INTERNATIONAL PRISONER TRANSFER REPORT.

13 (a) IN GENERAL.—Not later than March 1 of each

14 year, the President shall transmit to the Majority Leader

15 of the Senate, the Speaker of the House of Representa16 tives, the Chairmen and Ranking Members of the Com17 mittee on the Judiciary and the Committee on Foreign

18 Relations of the Senate and the Committee on the Judici19 ary and the Committee on International Relations of the

20 House of Representatives a report that—

21 (1) describes the operation of the provisions of

22 this subtitle; and

23 (2) highlights the effectiveness of those provi24 sions with regard to the 10 countries having the

25 greatest number of their nationals incarcerated in
650

•S 899 IS

1 the United States, both in transferring such persons

2 from the United States to their country of nation3 ality and in confining such persons for the duration

4 of their sentences.

5 (b) CONTENTS OF REPORT.—The report prepared

6 under subsection (a) shall set forth—

7 (1) the number of aliens convicted of a Federal,

8 State, or local criminal offense in the United States,

9 and the types of offenses involved, during the pre10 ceding calendar year;

11 (2) the number of aliens described in paragraph

12 (1) who were sentenced to terms of incarceration;

13 (3) the number of aliens described in paragraph

14 (1) who were eligible for transfer pursuant to those

15 provisions;

16 (4) the number of aliens described in paragraph

17 (2) who were transferred pursuant to the provisions

18 of this subtitle;

19 (5) the number, location, length of their period

20 of incarceration in the United States, and present

21 status of aliens described in paragraph (2) who have

22 not yet been transferred to the country of nation23 ality;

24 (6) the extent to which each foreign country

25 whose nationals have been convicted of a Federal,
651

•S 899 IS

1 State, or local criminal offense in the United States

2 has accepted the transfer of such persons, including

3 the percentage of such persons accepted by each for4 eign country;

5 (7) the extent to which each foreign country de6 scribed in paragraph (6) has confined such persons

7 for 85 percent of the duration of their sentences, in8 cluding the percentage of such persons confined by

9 each foreign country;

10 (8) the extent to which each foreign country de11 scribed in paragraph (5) has accomplished (or has

12 failed to accomplish) the goals described in any ap13 plicable bilateral or multilateral agreement to which

14 the United States is a party that deals with the sub15 ject of the transfer of alien prisoners;

16 (9) for each foreign country described in para17 graph (6)—

18 (A) a description of the plans, programs,

19 and timetables adopted by such country to ac20 cept its own nationals for crimes committed in

21 the United States;

22 (B) a description of the plans, programs,

23 and timetables adopted by such country for the

24 continued incarceration of its own nationals for

25 crimes committed in the United States;
652

•S 899 IS

1 (C) a list of those countries that are nego2 tiating in good faith with the United States to

3 establish a mechanism for the transfer, receipt,

4 and continued incarceration of such country’s

5 nationals;

6 (D) a list of those countries that have

7 adopted laws or regulations that ensure the

8 transfer, receipt, and incarceration of its na9 tionals in accordance with the provisions of this

10 subtitle; and

11 (E) a list of those countries that have

12 adopted laws or regulations that ensure the

13 availability to appropriate United States Gov14 ernment personnel of adequate records in con15 nection with the transfer, receipt, and continued

16 incarceration of prisoners pursuant to this sub17 title;

18 (10) a description of the policies adopted,

19 agreements concluded, and plans and programs im20 plemented or proposed by the Federal Government

21 in pursuit of its responsibilities for the prompt

22 transfer of aliens described in subsection (b)(1), as

23 well as for identifying and preventing the re-entry of

24 such persons after their transfer from the United

25 States; and
653

•S 899 IS

1 (11) a description of instances of refusals to co2 operate with the United States Government regard3 ing the transfer of aliens described in subsection

4 (b)(1).

5 SEC. 6206. ANNUAL REPORTS ON FOREIGN ASSISTANCE.

6 At the time that the report required by section 634

7 of the Foreign Assistance Act of 1961 is submitted each

8 year, the Secretary of State shall submit a copy of such

9 report to the Chairmen and Ranking Members of the

10 Committees on the Judiciary of the House of Representa11 tives and the Senate, the Chairman and Ranking Member

12 of the Committee on Foreign Relations of the Senate, and

13 the Chairman and Ranking Member of the Committee on

14 International Relations of the House of Representatives.

15 SEC. 6207. ANNUAL CERTIFICATION PROCEDURES.

16 (a) WITHHOLDING OF BILATERAL ASSISTANCE, OP17 POSITION TO MULTILATERAL DEVELOPMENT ASSIST18 ANCE, AND WITHHOLDING OF VISAS.—

19 (1) BILATERAL ASSISTANCE.—

20 (A) IN GENERAL.—Fifty percent of the

21 United States assistance allocated each fiscal

22 year for each foreign country shall be withheld

23 from obligation and expenditure to any such

24 country if that country has refused to accept

25 not less than 75 percent of nationals covered by
654

•S 899 IS

1 this subtitle and designated for transfer by the

2 Attorney General within either of the 2 imme3 diately preceding fiscal years or to confine such

4 transferred persons for not less than 85 percent

5 of their sentence, except as provided in sub6 section (b).

7 (B) INAPPLICABILITY TO CERTAIN COUN8 TRIES.—This paragraph does not apply with re9 spect to a country if the President determines

10 in accordance with subsection (b) that its appli11 cation to that country would be contrary to the

12 vital national interests of the United States, ex13 cept that any such determination shall not take

14 effect until not less than 30 days after the

15 President submits written notification of that

16 determination to the congressional committees

17 listed in section 6206 in accordance with the

18 procedures applicable to reprogramming notifi19 cations under section 634A of the Foreign As20 sistance Act of 1961.

21 (C) BILATERAL ASSISTANCE EXEMP22 TION.—In this subsection, the term ‘‘bilateral

23 assistance’’ does not include—

24 (i) narcotics-related assistance under

25 the Foreign Assistance Act of 1961;
655

•S 899 IS

1 (ii) disaster relief assistance;

2 (iii) assistance that involves the provi3 sion of food (including monetization of

4 food) or medicine; or

5 (iv) assistance for refugees.

6 (2) MULTILATERAL ASSISTANCE.—

7 (A) IN GENERAL.—The Secretary of the

8 Treasury may instruct the United States Exec9 utive Directors of each multilateral development

10 bank to vote against any loan or other utiliza11 tion of the funds of such bank or institution for

12 the benefit of any country if that country has

13 refused to accept not less than 75 percent of its

14 nationals covered by this subtitle and des15 ignated for transfer by the Attorney General or

16 to confine such transferred persons for not less

17 than 85 percent of their sentences within either

18 of the 2 immediately preceding fiscal years, ex19 cept as provided in subsection (b).

20 (B) DEFINITION OF MULTILATERAL DE21 VELOPMENT BANK.—In this paragraph, the

22 term ‘‘multilateral development bank’’ means

23 the International Bank for Reconstruction and

24 Development, the International Development

25 Association, the Inter-American Development
656

•S 899 IS

1 Bank, the Asian Development Bank, the Afri2 can Development Bank, and the European

3 Bank for Reconstruction and Development.

4 (3) VISAS.—All visas shall be denied to nation5 als employed by the government of any foreign coun6 try if that country has refused to accept not fewer

7 than 75 percent of its nationals covered by this sub8 title and designated for transfer by the Attorney

9 General within either of the 2 immediately preceding

10 fiscal years or to confine such transferred persons

11 for not less than 85 percent of their sentences, ex12 cept as provided in subsection (b), except that the

13 President or the Secretary of State nonetheless may

14 grant visas to heads of state, certified diplomats, or

15 members of a foreign country’s mission to the

16 United Nations.

17 (b) CERTIFICATION PROCEDURES.—

18 (1) WHAT MUST BE CERTIFIED.—Subject to

19 subsection (d), the assistance withheld from a coun20 try pursuant to subsection (a)(1) may be obligated

21 and expended, the requirement of subsection (a)(2)

22 to vote against multilateral development bank assist23 ance to a country shall not apply, and the with24 holding of visas from nationals of a country of sub25 section (a)(3) shall not apply, if the President deter-
657

•S 899 IS

1 mines and certifies to Congress, at the time of the

2 submission of the report required by section 6205,

3 that—

4 (A) during the previous year the country

5 has cooperated fully with the United States, or

6 has taken adequate steps on its own, to achieve

7 full compliance with the goals and objectives es8 tablished by this subtitle, except that the Presi9 dent may make such a finding only once during

10 any 5-year period;

11 (B) for a country that would not otherwise

12 qualify for certification under subparagraph

13 (A), the vital national interests of the United

14 States require that the assistance withheld pur15 suant to subsection (a)(1) be provided, that the

16 United States not vote against multilateral de17 velopment bank assistance for that country pur18 suant to subsection (a)(2), and that visas not

19 be withheld pursuant to subsection (a)(3); or

20 (C) only in the case of multilateral develop21 ment bank assistance, such assistance is di22 rected specifically to programs that provide, or

23 support a foreign country’s ability itself to pro24 vide, food, water, clothing, shelter, and medical

25 care of that country.
658

•S 899 IS

1 (2) CONSIDERATIONS REGARDING COOPERA2 TION.—In making the determinations described in

3 subsection (b)(1), the President shall consider the

4 extent to which the country has—

5 (A) met the goals and objectives of this

6 subtitle;

7 (B) accomplished the goals described in an

8 applicable bilateral agreement with the United

9 States or a multilateral agreement to implement

10 the provisions and purposes of this subtitle; and

11 (C) taken domestic legal and law enforce12 ment measures to implement the provisions and

13 purposes of this subtitle;

14 (3) CASE-BY-CASE WAIVER AUTHORITY.—

15 (A) AUTHORITY.—The President or the

16 Secretary of State may, on a case-by-case basis,

17 allow an alien subject to transfer under section

18 6202 to remain in the custody of the Attorney

19 General if the President or Secretary of State

20 determines that doing so is necessary to serve

21 the vital interests of the United States or to

22 protect the life or health of the citizen or na23 tional. It is the sense of Congress that such

24 case-by-case determinations rarely should be

25 made.
659

•S 899 IS

1 (B) NONDELEGATION OF AUTHORITY.—

2 The authority to make a determination under

3 subparagraph (A) may not be delegated.

4 (4) INFORMATION TO BE INCLUDED IN NA5 TIONAL INTEREST CERTIFICATION.—If the President

6 makes a certification with respect to a country pur7 suant to subsection (b)(1), the President shall in8 clude in such certification—

9 (A) a full and complete description of the

10 vital national interests placed at risk if United

11 States bilateral assistance to that country is

12 terminated pursuant to this section, multilateral

13 development bank assistance is not provided to

14 such country, and visas are not issued to the

15 nationals of such country; and

16 (B) a statement weighing the risk de17 scribed in subparagraph (A) against the risks

18 posed to the vital national interests of the

19 United States by the failure of such country to

20 cooperate fully with the United States in imple21 menting the provisions and purposes of this

22 subtitle.

23 (c) CONGRESSIONAL REVIEW.—Subsection (d) shall

24 apply if, not later than 30 calendar days after receipt of

25 a certification submitted under subsection (b) at the time
660

•S 899 IS

1 of submission of the report required by this subtitle, Con2 gress enacts a joint resolution disapproving the determina3 tion of the President contained in such certification.

4 (d) DENIAL OF ASSISTANCE FOR COUNTRIES DECER5 TIFIED.—If the President does not make a certification

6 under subsection (b) with respect to a country or Congress

7 enacts a joint resolution disapproving such certification,

8 then until such time as the conditions specified in sub9 section (e) are satisfied—

10 (1) funds may not be obligated for United

11 States assistance for that government, and funds

12 previously appropriated, but unobligated, for United

13 States assistance for that government may not be

14 expended for the purpose of providing assistance for

15 that government;

16 (2) the requirement to vote against multilateral

17 development bank assistance pursuant to subsection

18 (a)(2) shall apply with respect to that country, with19 out regard to the date specified in that subsection;

20 and

21 (3) no visas may be issued to nationals of that

22 country, and no visas already issued shall be held

23 valid by the Department of State, the Immigration

24 and Naturalization Service, or any other department

25 or agency of the Federal Government.
661

•S 899 IS

1 (e) RECERTIFICATION.—Subsection (d) shall apply to

2 a country described in that subsection until—

3 (1) the President, at the time of submission of

4 the report required by this subtitle, makes a certifi5 cation under subsection (b)(1)(A) or (b)(1)(B) with

6 respect to that country, and Congress does not enact

7 a joint resolution under subsection (c) disapproving

8 the determination of the President contained in that

9 certification; or

10 (2) the President, at any other time, makes the

11 certification described in subsection (b)(1)(A) or

12 subsection (b)(1)(B) with respect to that country,

13 except that this paragraph applies only if either—

14 (A) the President also certifies that—

15 (i) that country has undergone a fun16 damental change in government, or

17 (ii) there has been a fundamental

18 change in the conditions that were the

19 reasons—

20 (I) why the President had not

21 made a certification with respect to

22 that country under subparagraph (A)

23 or (B) of subsection (b)(1); or

24 (II) if the defendant had made

25 such a certification and Congress en-
662

•S 899 IS

1 acted a joint resolution disapproving

2 the determination contained in the

3 certification, why Congress enacted

4 that joint resolution; or

5 (B) Congress enacts a joint resolution ap6 proving the determination contained in the cer7 tification under subparagraph (A) or (B) of

8 subsection (b)(1).

9 Any certification under paragraph (2)(A) shall discuss the

10 justification for the certification.

11 (f) SENATE PROCEDURES.—Any joint resolution

12 under this section shall be considered in the Senate in ac13 cordance with the provisions of section 601(b) of the Inter14 national Security Assistance and Arms Export Control Act

15 of 1976.

16 SEC. 6208. PRISONER TRANSFERS TREATIES.

17 (a) NEGOTIATION.—The Secretary of State shall

18 begin to negotiate and renegotiate, not later than 90 days

19 after the date of enactment of this Act, bilateral prisoner

20 transfer treaties. The focus of such negotiations should

21 be—

22 (1) to expedite the transfer of aliens unlawfully

23 in the United States who are (or are about to be)

24 incarcerated in United States prisons;
663

•S 899 IS

1 (2) to ensure that a transferred prisoner serves

2 the balance of the sentence imposed by the United

3 States courts; and

4 (3) to allow the Federal Government or the

5 States to maintain their original prison sentences in

6 effect so that transferred prisoners who return to

7 the United States prior to the completion of their

8 original United States sentences can be returned to

9 custody for the balance of their prison sentences.

10 (b) CERTIFICATION.—The President shall submit to

11 Congress, annually, a certification as to whether each pris12 oner transfer treaty in force is effective in returning aliens

13 unlawfully in the United States who have committed of14 fenses for which they are incarcerated in the United States

15 to their country of nationality for further incarceration.

16 SEC. 6209. JUDGMENTS UNAFFECTED.

17 Nothing in this subtitle may construed to nullify or

18 reduce the effect of a judgment of conviction and sentence

19 entered by a Federal, State, or local court in the United

20 States.

21 SEC. 6210. UNITED STATES ASSISTANCE DEFINED.

22 In this subtitle, the term ‘‘United States assistance’’

23 means any assistance under the Foreign Assistance Act

24 of 1961.
664

•S 899 IS

1 SEC. 6211. REPEALS.

2 (a) The first sentence in section 4100(a) of title 18,

3 United States Code, is repealed.

4 (b) The first, third, fourth, fifth, and sixth sentences

5 in section 4100(b) of title 18, United States Code, are re6 pealed.

7 (c) Subsection (c) of section 4100 of title 18, United

8 States Code is repealed.

9 (d) Subsection (d) of section 4100(a) of title 18,

10 United States Code, is redesignated as subsection (c).

11 (e) Section 330(a)(2) of the Illegal Immigration Re12 form and Immigrant Responsibility Act of 1996 (Public

13 Law 104–208; 110 Stat. 1704) is amended by inserting

14 ‘‘during fiscal years 1997 and 1998,’’ after ‘‘compensa15 tion,’’.

16 (f) Section 330(c) of the Illegal Immigration Reform

17 and Immigrant Responsibility Act of 1996 (Public Law

18 104–208; 110 Stat. 1704) is amended by striking ‘‘, ex19 cept as required by treaty,’’.

20 (g) Section 332 of the Illegal Immigration Reform

21 and Immigrant Responsibility Act of 1996 (Public Law

22 104–208; 110 Stat. 1712) is repealed.
665

•S 899 IS

1 Subtitle C—Drug-Free Prisons and

2 Jails

3 SEC. 6301. DRUG-FREE PRISONS AND JAILS INCENTIVE

4 GRANTS.

5 (a) IN GENERAL.—Subtitle A of title II of the Violent

6 Crime Control and Law Enforcement Act of 1994 (42

7 U.S.C. 13701 et seq.), as amended by section 6101(e) of

8 this title, is amended—

9 (1) by redesignating section 20110 as section

10 20111; and

11 (2) by inserting after section 20109 the fol12 lowing:

13 ‘‘SEC. 20110. DRUG-FREE PRISONS AND JAILS BONUS

14 GRANTS.

15 ‘‘(a) IN GENERAL.—The Attorney General shall

16 make incentive grants in accordance with this section to

17 eligible States and Indian tribes, in order to encourage the

18 establishment and maintenance of drug-free prisons and

19 jails.

20 ‘‘(b) RESERVATION OF FUNDS.—Notwithstanding

21 any other provision of this subtitle, in each fiscal year,

22 before making the allocations under sections 20106 and

23 20108(a)(2) or the reservation under section 20109, the

24 Attorney General shall reserve 10 percent of the amount
666

•S 899 IS

1 made available to carry out this subtitle for grants under

2 this section.

3 ‘‘(c) ELIGIBILITY.—

4 ‘‘(1) IN GENERAL.—To be eligible to receive a

5 grant under this section, a State or Indian tribe

6 shall demonstrate to the Attorney General that the

7 State or Indian tribe—

8 ‘‘(A) meets the requirements of section

9 20103; and

10 ‘‘(B) has established, or, within 18 months

11 after the initial submission of an application

12 this section will implement, a program or policy

13 of drug-free prisons and jails for correctional

14 and detention facilities, including juvenile facili15 ties, in its jurisdiction.

16 ‘‘(2) CONTENTS OF PROGRAM OR POLICY.—The

17 drug-free prisons and jails program or policy under

18 paragraph (1)(B)—

19 ‘‘(A) shall include—

20 ‘‘(i) a zero-tolerance policy for drug

21 use or presence in State facilities, includ22 ing routine sweeps and inspections for

23 drugs, routine drug tests, and improved

24 screening for drugs and other contraband

25 of prison visitors and prisoner mail;
667

•S 899 IS

1 ‘‘(ii) establishment and enforcement

2 of penalties, including prison disciplinary

3 actions and criminal prosecution for the in4 troduction, possession, or use of drugs in

5 any prison or jail;

6 ‘‘(iii) the implementation of residen7 tial drug treatment programs; and

8 ‘‘(iv) drug testing of all inmates upon

9 intake and upon release from incarcer10 ation; and

11 ‘‘(B) may include a system of incentives

12 for prisoners to participate in counter-drug pro13 grams such as drug treatment and drug-free

14 wings with greater privileges, except that incen15 tives under this paragraph may not include the

16 early release of any prisoner convicted of a

17 crime of violence.

18 ‘‘(d) APPLICATION.—In order to be eligible to receive

19 a grant under this section, a State or Indian tribe shall

20 submit to the Attorney General an application, in such

21 form and containing such information, including rates of

22 positive drug tests among inmates upon intake and release

23 from incarceration, as the Attorney General may reason24 ably require.
668

•S 899 IS

1 ‘‘(e) USE OF FUNDS.—Amounts received by a State

2 or Indian tribe from a grant under this section may be

3 used—

4 ‘‘(1) to implement the program under sub5 section (c)(2); or

6 ‘‘(2) for any other purpose permitted by this

7 subtitle.

8 ‘‘(f) ALLOCATION OF FUNDS.—

9 ‘‘(1) IN GENERAL.—Grants awarded under this

10 section shall be in addition to any other grants a

11 State or Indian tribe may be eligible to receive under

12 this subtitle or under part S of title I of the Omni13 bus Crime Control and Safe Streets Act of 1968 (42

14 U.S.C. 3796ff et seq.).

15 ‘‘(2) ALLOCATION.—Amounts reserved for

16 grants pursuant to subsection (b) shall be allocated

17 and distributed to eligible States and Indian tribes

18 in the same manner as Truth-in-Sentencing Incen19 tive Grants under section 20104 are allocated and

20 distributed under section 20106(b).’’.

21 SEC. 6302. ELIMINATION OF SENTENCING INEQUITIES AND

22 AFTERCARE FOR FEDERAL INMATES.

23 Section 3621 of title 18, United States Code, is

24 amended—
669

•S 899 IS

1 (1) in subsection (b), by striking the last sen2 tence and inserting ‘‘The Bureau shall endeavor to

3 make available appropriate substance abuse treat4 ment or each prisoner who is determined by the Bu5 reau to have a treatable drug abuse problem, with

6 a priority to be given to younger offenders and those

7 who would benefit most from the treatment.’’; and

8 (2) in subsection (e), by striking paragraphs

9 (1), (2), and (5), and redesignating paragraphs (3),

10 (4), and (6), as paragraphs (1), (2), and (3), respec11 tively.

12 SEC. 6303. PRISON COMMUNICATIONS.

13 (a) COMMUNICATIONS ASSISTANCE FOR LAW EN14 FORCEMENT.—Section 2522 of title 18, United States

15 Code, is amended by adding at the end the following:

16 ‘‘(e) EXEMPTION.—

17 ‘‘(1) IN GENERAL.—This chapter and chapter

18 121 do not apply with respect to the interception by

19 a law enforcement officer of any wire, oral, or elec20 tronic communication, or the use of a pen register,

21 a trap and trace device, or a clone pager, if—

22 ‘‘(A) in the case of any wire, oral, or elec23 tronic communication, at least one of the par24 ties to the communication is, an inmate or de25 tainee in the custody of the Attorney General of
670

•S 899 IS

1 the United States or is in the custody of a

2 State or political subdivision thereof; or

3 ‘‘(B) in the case of a pen register, a trap

4 and trace device, or a clone pager, the facility

5 is regularly used by, an inmate or detainee in

6 the custody of the Attorney General of the

7 United States or is in the custody of a State or

8 political subdivision thereof.

9 ‘‘(2) STATE DEFINED.—In this subsection, the

10 term ‘State’ means each of the several States of the

11 United States, the District of Columbia, and the ter12 ritories and possessions of the United States.

13 ‘‘(f) REGULATIONS.—The Attorney General shall

14 promulgate regulations governing interceptions described

15 in subsection (e) of this section and interceptions de16 scribed in section 2511(i), in order to protect communica17 tions protected by the attorney-client privilege and the

18 right to counsel guaranteed by the sixth amendment to

19 Constitution of the United States.’’.

20 (b) DEMANDS FOR PRODUCTION OF CERTAIN STATE21 MENTS AND REPORTS.—Section 3500(e)(2) of title 18,

22 United States Code, is amended by inserting before the

23 semicolon the following: ‘‘, except any such statement re24 corded from a telephone in a Federal, State, or local cor25 rectional or detention facility, unless the defendant shows
671

•S 899 IS

1 the substantial likelihood that the statement will lead to

2 admissible evidence’’.

3 (c) AUTHORITY TO MONITOR PRISON COMMUNICA4 TIONS.—Section 2511(2) of title 18, United States Code,

5 is amended by adding at the end the following:

6 ‘‘(i) AUTHORITY TO MONITOR PRISON COMMUNICA7 TIONS.—Nothing in this chapter or any other provision

8 of law may be construed to prohibit the routine recording

9 or monitoring by officers of any Federal, State, or local

10 correctional or detention facility of any electronic commu11 nication, 1 of the parties to which is an inmate or detainee

12 in such facility.’’.

13 (d) PROVIDING CONTRABAND TO AN INDIVIDUAL IN

14 CUSTODY OF THE BUREAU OF PRISONS OR THE ATTOR15 NEY GENERAL.—Section 1791 of title 18, United States

16 Code, is amended—

17 (1) in subsection (a), in each of paragraphs (1)

18 and (2), by striking ‘‘inmate of a prison’’ and insert19 ing ‘‘individual in the custody of the Bureau of Pris20 ons or the Attorney General, or confined in any in21 stitution or facility by direction of the Attorney Gen22 eral’’; and

23 (2) in subsection (d)—

24 (A) in paragraph (2), by adding ‘‘and’’ at

25 the end;
672

•S 899 IS

1 (B) in paragraph (3), by striking ‘‘; and’’

2 and inserting a period; and

3 (C) by striking paragraph (4).

4 Subtitle D—Prison Work

5 SEC. 6401. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Prison Work Act

7 of 1999’’.

8 SEC. 6402. FEDERAL PRISONER WORK REQUIREMENT.

9 (a) IN GENERAL.—Chapter 303 of title 18, United

10 States Code, is amended by adding at the end the fol11 lowing:

12 ‘‘§ 4048. Prisoner work requirement

13 ‘‘(a) IN GENERAL.—Subject to subsection (b), the

14 Director of the Bureau of Prisons shall ensure that each

15 convicted inmate in the custody of the Attorney General

16 and confined in any Federal prison, correctional facility,

17 jail, or other facility shall be engaged in work. The type

18 of work that a particular inmate shall be engaged in shall

19 be determined on the basis of appropriate security and dis20 ciplinary considerations and by the health of the inmate.

21 ‘‘(b) EXCUSE.—An inmate described in subsection

22 (a) may be excused from the requirement of subsection

23 (a) in whole or in part, only as necessitated by—

24 ‘‘(1) security considerations;

25 ‘‘(2) disciplinary action;
673

•S 899 IS

1 ‘‘(3) medical certification of disability, such as

2 would make it impractical for prison officials to ar3 range useful work for the inmate to perform; or

4 ‘‘(4) a need for the inmate to work less than a

5 full work schedule in order to participate in literacy

6 training, drug rehabilitation, or other similar pro7 gram in addition to performing work.

8 ‘‘(c) NO COMPENSATION.—Nothing in this section

9 shall be construed to entitle any inmate to any wage, com10 pensation, or benefit, or be construed to provide a cause

11 of action by or on behalf of any person against the United

12 States or any officer, employee, or contractor thereof.’’.

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—

14 The analysis for chapter 303 of title 18, United States

15 Code, is amended by adding at the end the following:

‘‘4048. Prisoner work requirement.’’.

16 SEC. 6403. PURCHASES FROM FEDERAL PRISON INDUS17 TRIES.

18 (a) IN GENERAL.—Section 4124 of title 18, United

19 States Code, is amended by striking subsections (a) and

20 (b) and inserting the following:

21 ‘‘(a) A Federal agency that has a requirement for a

22 specific product listed in the current edition of the catalog

23 required by subsection (d) shall—

24 ‘‘(1) provide a copy of the notice required by

25 section 18 of the Office of Federal Procurement Pol-
674

•S 899 IS

1 icy Act (41 U.S.C. 416) to Federal Prison Indus2 tries not less than 15 days before the issuance of a

3 solicitation of offers for the procurement of such

4 product;

5 ‘‘(2) use competitive procedures for the procure6 ment of that product, unless—

7 ‘‘(A) the head of the agency justifies the

8 use of procedures other than competitive proce9 dures in accordance with section 2304(f) of title

10 10 or section 303(f) of the Federal Property

11 and Administrative Services Act of 1949 (41

12 U.S.C. 253(f)); or

13 ‘‘(B) the Attorney General makes the de14 termination described in subsection (b)(1) not

15 later than 15 days after receiving a notice of

16 the requirement pursuant to paragraph (1); and

17 ‘‘(3) consider a timely offer from Federal Pris18 on Industries for award in accordance with the spec19 ifications and evaluation factors specified in the so20 licitation.

21 ‘‘(b) A Federal agency that has a requirement for a

22 product referred to in subsection (a) shall—

23 ‘‘(1) on a noncompetitive basis, negotiate a con24 tract with Federal Prison Industries for the pur25 chase of the product if the Attorney General person-
675

•S 899 IS

1 ally determines, within the period described in sub2 section (a)(2)(B), that—

3 ‘‘(A) it is not reasonable to expect that

4 Federal Prison Industries would be selected for

5 award of the contract on a competitive basis;

6 and

7 ‘‘(B) it is necessary to award the contract

8 to Federal Prison Industries in order—

9 ‘‘(i) to maintain work opportunities

10 that are essential to the safety and effec11 tive administration of the penal facility at

12 which the contract would be performed; or

13 ‘‘(ii) to permit diversification into the

14 manufacture of a new product that has

15 been approved for sale by the Federal Pris16 on Industries board of directors in accord17 ance with this chapter; and

18 ‘‘(2) award the contract to Federal Prison In19 dustries if the contracting officer determines that

20 Federal Prison Industries can meet the requirements

21 of the agency with respect to the product in a timely

22 manner and at a fair and reasonable price.’’.

23 (b) LIMITATION ON NEW PRODUCTS AND EXPAN24 SION OF PRODUCTION.—Section 4122(b) of title 18,

25 United States Code, is amended—
676

•S 899 IS

1 (1) by redesignating paragraphs (4), (5), and

2 (6) as paragraphs (5), (6), and (7), respectively;

3 (2) by inserting after paragraph (3) the fol4 lowing:

5 ‘‘(4) Federal Prison Industries shall, to the maximum

6 extent practicable, concentrate any effort to produce a new

7 product or to expand significantly the production of an

8 existing product on products that are otherwise produced

9 with non-United States labor.’’; and

10 (3) in paragraph (6), as redesignated, by strik11 ing ‘‘paragraph (4)(B)’’ and inserting ‘‘paragraph

12 (5)(B)’’.

13 (c) MODIFICATION OF PROHIBITION ON SALES OF

14 PRISONER-MADE PRODUCTS.—Section 1761 of title 18,

15 United States Code, is amended by striking subsections

16 (b) through (d) and inserting the following:

17 ‘‘(b)(1) This section does not apply to goods, wares,

18 or merchandise manufactured or produced, or services

19 provided, by inmates at an industry—

20 ‘‘(A) provided by Federal Prison Industries (un21 less the Attorney General has exercised his or her

22 authority with respect to that product pursuant to

23 section 4124(b)); or

24 ‘‘(B) provided by a State, unless—
677

•S 899 IS

1 ‘‘(i) the industry is operated by a person

2 other than the State; and

3 ‘‘(ii) after September 30, 2008, the State

4 does not have in effect any requirement that

5 the departments and agencies of the State pur6 chase a portion of their requirements for such

7 goods, wares, merchandise, or services provided

8 by products produced by inmates at that indus9 try.

10 ‘‘(2) In this subsection, the term ‘State’ means a

11 State of the United States and any commonwealth, terri12 tory, or possession of the United States.’’.

13 (d) STUDY OF FOREIGN-MADE GOODS.—The Direc14 tor of the Bureau of Labor Statistics shall make an initial

15 determination of those goods (described by Standard In16 dustrial Product Code published by the Office of Manage17 ment and Budget) of which 95 percent or more of the

18 amount sold in the United States are fabricated in a for19 eign place. The Director shall report that determination

20 to Congress, not later than 180 days after the date of en21 actment of this Act.

22 (e) EFFECTIVE DATE.—The amendments made by

23 this section shall take effect 180 days after the date of

24 enactment of this Act.
678

•S 899 IS

1 SEC. 6404. PRISONER COMMUNITY SERVICE PROJECTS.

2 (a) IN GENERAL.—Chapter 303 of title 18, United

3 States Code, as amended by section 6402(a) of this sub4 title, is amended by adding at the end the following:

5 ‘‘§ 4049. Community service projects

6 ‘‘(a) Subject to the limitations of this section, and

7 pursuant to rules prescribed by the Attorney General, the

8 chief executive officer of a Federal penal or correctional

9 facility may, as part of an inmate work program, provide

10 products or services, free of charge or at minimal cost,

11 to private, nonprofit organizations (as defined in section

12 501(c)(3) of the Internal Revenue Code of 1986) or to

13 a component of any State government or political subdivi14 sion thereof.

15 ‘‘(b) Products provided under subsection (a) shall be

16 constructed in substantial part through the use of scrap

17 or waste materials that constitute excess property, as de18 fined in section 3(e) of the Federal Property and Adminis19 trative Services Act of 1949 (40 U.S.C. 472(e)). Such

20 products shall not be resold by the recipient.

21 ‘‘(c) Services provided under subsection (a)—

22 ‘‘(1) shall be used only for the benefit of the re23 cipient entity and not for the benefit of any indi24 vidual or organization other than the recipient; and

25 ‘‘(2) shall not displace an employee of the re26 cipient or result in a reduction in hours, wages, or
679

•S 899 IS

1 employment benefits of any employee of the recipi2 ent.

3 ‘‘(d) No goods or services may be provided under this

4 section by a Federal penal or correctional facility, if the

5 provision of those goods or services would reduce the num6 ber of inmates employed at any Federal Prison Industries

7 operations at that facility. Nothing this section shall be

8 construed to increase or otherwise affect the powers of

9 Federal Prison Industries.’’.

10 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

11 (1) CHAPTER ANALYSIS.—The analysis for

12 chapter 303 of title 18, United States Code, as

13 amended by section 6402(b) of this subtitle, is

14 amended by adding at the end the following:

‘‘4049. Community service projects.’’.

15 (2) FEDERAL PROPERTY AND ADMINISTRATIVE

16 SERVICES ACT AMENDMENT.—The second undesig17 nated paragraph of section 602(d) of the Federal

18 Property and Administrative Services Act of 1949

19 (40 U.S.C. 474), is amended—

20 (A) in paragraph (20), by striking ‘‘or’’ at

21 the end;

22 (B) in paragraph (21), by striking the pe23 riod at the end of and inserting a semicolon;

24 and
680

•S 899 IS

1 (C) by inserting after paragraph (21) the

2 following:

3 ‘‘(22) the Federal Bureau of Prisons, with re4 spect to the disposal of property used to produce

5 those products described in section 4049 of title 18,

6 United States Code.’’.

7 (3) EXCEPTION TO PROHIBITION ON SHIPMENT

8 OF GOODS.—Section 1761(b) of title 18, United

9 States Code, is amended by striking the period at

10 the end and inserting ‘‘, nor to products provided

11 pursuant to section 4049 of this title.’’.

12 Subtitle E—Federal Incarceration

13 Improvement

14 SEC. 6501. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Federal Incarcer16 ation Improvement Act’’.

17 SEC. 6502. REPORT ON FEDERAL PRISON OVERCROWDING.

18 (a) IN GENERAL.—Not later than 180 days after the

19 date of enactment of this Act, the Attorney General shall

20 submit to the Committees on the Judiciary of the Senate

21 and the House of Representatives and the Committees on

22 Appropriations of the Senate and the House of Represent23 atives a report on overcrowding in the Federal prison sys24 tem.
681

•S 899 IS

1 (b) CONTENTS OF REPORT.—The report submitted

2 under subsection (a) shall include—

3 (1) 10-year projections for the population of the

4 Federal prison system; and

5 (2) specific recommendations on prison space

6 needs, including—

7 (A) potential sites for new Federal prisons;

8 (B) cost estimates for the construction of

9 additional Federal prison space; and

10 (C) specific timetables for the construction

11 of additional Federal prison space.

12 SEC. 6503. EARNED RELEASE CREDIT OR GOOD TIME CRED13 IT REVOCATION.

14 (a) TRANSFER AND REDESIGNATION.—The second

15 section designated as section 1932 of title 28, United

16 States Code (relating to revocation of earned release cred17 it), is—

18 (1) redesignated as section 3624A of title 18,

19 United States Code;

20 (2) transferred to chapter 229 of title 18,

21 United States Code; and

22 (3) inserted after section 3624 of title 18,

23 United States Code.
682

•S 899 IS

1 (b) TRANSMISSION OF FINDING.—Section 3624A of

2 title 18, United States Code, as redesignated by subsection

3 (a) of this section, is amended—

4 (1) by striking ‘‘In any’’ and inserting the fol5 lowing:

6 ‘‘(a) FINDING.—In any’’;

7 (2) by striking ‘‘an adult’’ and inserting ‘‘a per8 son’’;

9 (3) by striking ‘‘order the revocation’’ and all

10 that follows through ‘‘finds that—’’ and inserting ‘‘,

11 on its own motion or the motion of any adverse

12 party, make a finding regarding whether—’’;

13 (4) in paragraph (2), by striking ‘‘solely’’;

14 (5) in paragraph (3)—

15 (A) by striking ‘‘testifies’’ and inserting

16 ‘‘testified’’; and

17 (B) by striking ‘‘presents false evidence’’

18 and inserting ‘‘presented false allegations,

19 pleadings, evidence, or’’; and

20 (6) by adding at the end the following:

21 ‘‘(b) TRANSMISSION OF FINDING.—If the court

22 makes any affirmative finding under paragraph (1), (2),

23 or (3) of subsection (a)—

24 ‘‘(1) the court shall transmit to the Bureau of

25 Prisons that affirmative finding; and
683

•S 899 IS

1 ‘‘(2) upon receipt of an affirmative finding

2 transmitted under paragraph (1), the Bureau of

3 Prisons shall revoke the amount of unvested good

4 time credit or the institutional equivalent accrued to

5 the prisoner pursuant to section 3264 as is deter6 mined to be appropriate by the Director of the Bu7 reau of Prisons.’’.

8 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

9 (1) TITLE 28.—The analysis for chapter 123 of

10 title 28, United States Code, is amended by striking

11 the second item relating to section 1932 (relating to

12 revocation of earned release credit).

13 (2) TITLE 18.—The analysis for chapter 229 of

14 title 18, United States Code, is amended by insert15 ing after the item relating to section 3624 the fol16 lowing:

‘‘3624A. Revocation of earned release credit.’’.

17 (d) RELEASE OF PRISONER.—Section 3624(b) of

18 title 18, United States Code, is amended—

19 (1) in paragraph (1), by striking the fourth

20 sentence and inserting the following: ‘‘Credit that

21 has not been earned may not later be granted, and

22 credit that has been revoked pursuant to section

23 3624A may not later be reinstated.’’; and

24 (2) in paragraph (2), by inserting ‘‘, and may

25 be revoked by the Bureau of Prisons for noncompli-
684

•S 899 IS

1 ance with institutional disciplinary regulations at

2 any time before vesting’’ before the period at the

3 end.

4 SEC. 6504. IMPLEMENTATION OF A FEDERAL SENTENCE OF

5 DEATH.

6 (a) IN GENERAL.—Section 3596(a) of title 18,

7 United States Code, is amended—

8 (1) by striking ‘‘pursuant to this chapter’’; and

9 (2) by striking ‘‘in the manner’’ and all that

10 follows before the period at the end of the subsection

11 and inserting ‘‘pursuant to regulations promulgated

12 by the Attorney General’’.

13 (b) REGULATIONS.—Not later than 6 months after

14 the date of enactment of this Act, the Attorney General

15 shall promulgate regulations to provide for the implemen16 tation of a sentence of death under section 3596 of title

17 18, United States Code, as amended by this section.

18 (c) FACILITIES.—

19 (1) IN GENERAL.—Section 3597 of title 18,

20 United States Code, is amended to read as follows:

21 ‘‘§ 3597. Facilities for the implementation of a sen22 tence of death

23 ‘‘(a) IN GENERAL.—A United States marshal

24 charged with supervising the implementation of a sentence
685

•S 899 IS

1 of death shall use appropriate Federal facilities for that

2 purpose.

3 ‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI4 GIOUS GROUNDS.—

5 ‘‘(1) IN GENERAL.—No employee of the De6 partment of Justice, the Federal Bureau of Prisons,

7 or the United States Marshals Service, or any em8 ployee providing services to that department, bureau,

9 or service under contract, shall be required, as a

10 condition of that employment or contractual obliga11 tion, to be in attendance at or to participate in any

12 prosecution or execution under this section if that

13 participation is contrary to the moral or religious

14 convictions of the employee.

15 ‘‘(2) PARTICIPATION DEFINED.—In this sub16 section, the term ‘participation’ includes personal

17 preparation of the condemned individual and the ap18 paratus used for execution and supervision of the ac19 tivities of other personnel in carrying out those ac20 tivities.’’.

21 (2) CHAPTER ANALYSIS.—The analysis for

22 chapter 228 of title 18, United States Code, is

23 amended by striking the item relating to section

24 3597 and inserting the following:

‘‘3597. Facilities for the implementation of a sentence of death.’’.
686

•S 899 IS

1 SEC. 6505. PRISON AMENITIES.

2 (a) IN GENERAL.—Chapter 303 of title 18, United

3 States Code, as amended by subtitle D of this title, is

4 amended by adding at the end the following:

5 ‘‘§ 4050. Certain amenities for prisoners prohibited

6 ‘‘(a) IN GENERAL.—Except as provided in subsection

7 (b), the Bureau of Prisons shall ensure that no prisoner

8 or detainee under its jurisdiction—

9 ‘‘(1) engages in any physical activity designed

10 to increase or enhance the fighting ability of the

11 prisoner or detainee;

12 ‘‘(2) engages in any physical activity designed

13 to increase the physical strength of such prisoner or

14 detainee; or

15 ‘‘(3) is permitted—

16 ‘‘(A) access to in-cell television viewing, ex17 cept for prisoners segregated from the general

18 prison population for their own safety;

19 ‘‘(B) access to the viewing of any movie or

20 film, through whatever medium presented, that

21 has been given a Motion Picture Association of

22 America rating of NC–17, R, or X;

23 ‘‘(C) possession of any in-cell coffee pot,

24 hot plate, or other heating element;

25 ‘‘(D) access to any pornographic or other

26 sexually explicit printed material;
687

•S 899 IS

1 ‘‘(E) access to any bodybuilding or

2 weightlifting equipment; or

3 ‘‘(F) use or possession of any electric or

4 electronic musical equipment.

5 ‘‘(b) EXCEPTION FOR CERTAIN PRISONERS.—The

6 Director of the Bureau of Prisons may grant an exception

7 to paragraph (2) or (3)(E) of subsection (a) with respect

8 to a prisoner or detainee, if a licensed medical doctor em9 ployed by or under contract to the Bureau of Prisons cer10 tifies that such exception is medically necessary in order

11 to enable the prisoner or detainee to pursue a program

12 of physical therapy or rehabilitation.

13 ‘‘(c) EFFECT ON OTHER REGULATIONS.—Nothing in

14 this section shall be construed to preempt or repeal any

15 regulation or policy of the Bureau of Prisons that imposes

16 greater restrictions on prisoners and detainees than those

17 required by this section, or to prevent the adoption by the

18 Bureau of Prisons of any regulation or policy that imposes

19 greater restrictions on prisoners and detainees than those

20 required by this section.

21 ‘‘(d) NO CAUSE OF ACTION.—Nothing in this section

22 shall be construed to create a cause of action by or on

23 behalf of any person against the United States or any offi24 cer, employee, or contractor thereof.’’.
688

•S 899 IS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.—

2 The analysis for chapter 303 of title 18, United States

3 Code, as amended by subtitle D of this title, is amended

4 by adding at the end the following:

‘‘4050. Certain amenities for prisoners prohibited.’’.

5 SEC. 6506. PRISONER HEALTH CARE COPAYMENTS.

6 (a) HEALTH CARE FEES FOR PRISONERS IN FED7 ERAL INSTITUTIONS.—

8 (1) IN GENERAL.—Chapter 303 of title 18,

9 United States Code, as amended by section 6505(a)

10 of this subtitle, is amended by adding at the end the

11 following:

12 ‘‘§ 4051. Fees for health care services for prisoners

13 ‘‘(a) DEFINITIONS.—In this section—

14 ‘‘(1) the term ‘account’ means the trust fund

15 account (or institutional equivalent) of a prisoner;

16 ‘‘(2) the term ‘Director’ means the Director of

17 the Bureau of Prisons;

18 ‘‘(3) the term ‘health care provider’ means any

19 person who is—

20 ‘‘(A) authorized by the Director to provide

21 health care services; and

22 ‘‘(B) operating within the scope of such

23 authorization;

24 ‘‘(4) the term ‘health care visit’ means a visit,

25 as determined by the Director, by a prisoner to an
689

•S 899 IS

1 institutional or noninstitutional health care provider;

2 and

3 ‘‘(5) the term ‘prisoner’ means—

4 ‘‘(A) any individual who is incarcerated in

5 an institution under the jurisdiction of the Bu6 reau of Prisons; or

7 ‘‘(B) any other individual, as designated by

8 the Director, who has been charged with or con9 victed of an offense against the United States.

10 ‘‘(b) FEES FOR HEALTH CARE SERVICES.—

11 ‘‘(1) IN GENERAL.—The Director, in accord12 ance with this section and with such regulations as

13 the Director shall promulgate to carry out this sec14 tion, may assess and collect a fee for health care

15 services provided in connection with each health care

16 visit requested by a prisoner.

17 ‘‘(2) EXCLUSION.—The Director may not as18 sess or collect a fee under this section for preventa19 tive health care services, as determined by the Direc20 tor.

21 ‘‘(c) PERSONS SUBJECT TO FEE.—Each fee assessed

22 under this section shall be collected by the Director from

23 the account of—
690

•S 899 IS

1 ‘‘(1) the prisoner receiving health care services

2 in connection with a health care visit described in

3 subsection (b)(1); or

4 ‘‘(2) in the case of health care services provided

5 in connection with a health care visit described in

6 subsection (b)(1) that results from an injury in7 flicted on a prisoner by another prisoner, the pris8 oner who inflicted the injury, as determined by the

9 Director.

10 ‘‘(d) AMOUNT OF FEE.—Any fee assessed and col11 lected under this section shall be in an amount of not less

12 than $2.

13 ‘‘(e) NO CONSENT REQUIRED.—Notwithstanding any

14 other provision of law, the consent of a prisoner shall not

15 be required for the collection of a fee from the account

16 of the prisoner under this section.

17 ‘‘(f) NO REFUSAL OF TREATMENT FOR FINANCIAL

18 REASONS.—Nothing in this section may be construed to

19 permit any refusal of treatment to a prisoner on the basis

20 that—

21 ‘‘(1) the account of the prisoner is insolvent; or

22 ‘‘(2) the prisoner is otherwise unable to pay a

23 fee assessed under this section.

24 ‘‘(g) USE OF AMOUNTS.—
691

•S 899 IS

1 ‘‘(1) RESTITUTION TO SPECIFIC VICTIMS.—

2 Amounts collected by the Director under this section

3 from a prisoner subject to an order of restitution

4 issued pursuant to section 3663 or 3663A shall be

5 paid to victims in accordance with the order of res6 titution.

7 ‘‘(2) ALLOCATION OF OTHER AMOUNTS.—Of

8 amounts collected by the Director under this section

9 from prisoners not subject to an order of restitution

10 issued pursuant to section 3663 or 3663A—

11 ‘‘(A) 75 percent shall be deposited in the

12 Crime Victims Fund established under section

13 1402 of the Victims of Crime Act of 1984 (42

14 U.S.C. 10601); and

15 ‘‘(B) 25 percent shall be available to the

16 Attorney General for administrative expenses

17 incurred in carrying out this section.

18 ‘‘(h) REPORTS TO CONGRESS.—Not later than 2

19 years after the date of enactment of the Federal Prisoner

20 Copayment Act of 1999, and annually thereafter, the Di21 rector shall submit to Congress a report, which shall

22 include—

23 ‘‘(1) a description of the amounts collected

24 under this section during the preceding 24-month

25 period; and
692

•S 899 IS

1 ‘‘(2) an analysis of the effects of the implemen2 tation of this section, if any, on the nature and ex3 tent of heath care visits by prisoners.’’.

4 (2) TECHNICAL AND CONFORMING AMEND5 MENT.—The analysis for chapter 303 of title 18,

6 United States Code, as amended by section 6505(b)

7 of this subtitle, is amended by adding at the end the

8 following:

‘‘4051. Fees for health care services for prisoners.’’.

9 (b) HEALTH CARE FEES FOR FEDERAL PRISONERS

10 IN NON-FEDERAL FACILITIES.—Section 4013 of title 18,

11 United States Code, is amended by adding at the end the

12 following:

13 ‘‘(c) HEALTH CARE FEES FOR FEDERAL PRISONERS

14 IN NON-FEDERAL INSTITUTIONS.—Notwithstanding

15 amounts paid under subsection (a)(3), a State or local

16 government may assess and collect a reasonable fee from

17 the trust fund account (or institutional equivalent) of a

18 Federal prisoner for health care services, if—

19 ‘‘(1) the prisoner—

20 ‘‘(A) is confined in a non-Federal institu21 tion pursuant to an agreement between the

22 Federal Government and the State or local gov23 ernment; and

24 ‘‘(B) is not indigent;

25 ‘‘(2) the fee—
693

•S 899 IS

1 ‘‘(A) is authorized under State law; and

2 ‘‘(B) does not exceed the amount collected

3 from State or local prisoners for the same serv4 ices; and

5 ‘‘(3) the services—

6 ‘‘(A) are provided within or outside of the

7 institution by a person who is licensed or cer8 tified under State law to provide health care

9 services and who is operating within the scope

10 of such license;

11 ‘‘(B) are provided at the request of the

12 prisoner; and

13 ‘‘(C) are not preventative health care serv14 ices.’’.

15 SEC. 6507. STUDY AND REPORT ON PROBATION AND SU16 PERVISED RELEASE.

17 (a) FINDINGS.—Congress finds that—

18 (1) the probation service of the Federal courts

19 serves as a critical link in the Federal criminal jus20 tice system;

21 (2) public safety and the credibility and integ22 rity of the criminal justice system depend on the

23 close and adequate supervision of Federal convicts

24 sentenced to terms of probation and supervised re25 lease;
694

•S 899 IS

1 (3) presentencing reports prepared by Federal

2 probation officers form an important basis for the

3 imposition of just and adequate sentences on crimi4 nal defendants;

5 (4) the recognition of the rights of victims in

6 the criminal justice system, including the right to an

7 order of restitution from the defendant, depends on

8 the work performed by Federal probation officer;

9 and

10 (5) the increase in Federal criminal cases and

11 the imposition of additional duties on Federal proba12 tion officers require an evaluation of the resources

13 and workload of the probation service of the courts

14 to ensure the public safety, the recognition of vic15 tims’ rights, and the smooth administration of jus16 tice in the Federal courts.

17 (b) STUDY AND REPORT.—

18 (1) IN GENERAL.—Not later than 180 days

19 after the date of enactment of this Act, the Director

20 of the Administrative Office of the United States

21 Courts shall submit to the Chief Justice of the

22 United States, the Attorney General, the Commit23 tees on the Judiciary of the Senate and the House

24 of Representatives, and the Committees on Appro25 priations of the Senate and the House of Represent-
695

•S 899 IS

1 atives, a report on the resources of the probation

2 service of the Federal courts.

3 (2) CONTENTS OF REPORT.—The report sub4 mitted under paragraph (1) shall include—

5 (A) an analysis of the workload of the Fed6 eral probation service, including—

7 (i) the average number of persons su8 pervised by each Federal probation officer;

9 (ii) the average annual number of

10 presentence reports made by each Federal

11 probation officer; and

12 (iii) the average annual number of vic13 tim restitution cases handled by each Fed14 eral probation officer; and

15 (B) recommendations on—

16 (i) the resources needed by the proba17 tion service to meet its increasing duties

18 and to adequately supervise defendants

19 sentenced to probation or terms of super20 vised release;

21 (ii) means by which to improve the

22 consistency and reliability of the imposition

23 and enforcement of orders of restitution in

24 Federal criminal cases; and
696

•S 899 IS

1 (iii) other means by which to expedi2 tiously improve the functioning of the pro3 bation service of the Federal courts in

4 order to—

5 (I) ensure the close and adequate

6 supervision of defendants sentenced to

7 probation or terms of supervised re8 lease for the public safety;

9 (II) improve the recognition of

10 victims’ rights in the criminal justice

11 system; and

12 (III) enhance the smooth admin13 istration of justice in the Federal

14 courts.

15 SEC. 6508. MEDICARE RATE ENFORCEMENT MECHANISM.

16 Section 1866(a)(1) of the Social Security Act (42

17 U.S.C. 1395cc(a)(1)) is amended—

18 (1) in subparagraph (R), by inserting a comma

19 at the end;

20 (2) in subparagraph (S)(iii), by striking the pe21 riod at the end and inserting ‘‘, and’’; and

22 (3) by inserting after subparagraph (S)(iii) the

23 following:

24 ‘‘(T) to be a participating provider of medical

25 care for prisoners and detainees in the custody of
697

•S 899 IS

1 the Attorney General, in accordance with the prac2 tices, payment methodology, and amounts prescribed

3 under regulations issued by the Attorney General.’’.

4 SEC. 6509. MEDICAL QUALITY ASSURANCE RECORDS.

5 (a) IN GENERAL.—Chapter 303 of title 18, United

6 States Code, as amended by section 6506(a)(1) of this

7 subtitle, is amended by adding at the end the following:

8 ‘‘§ 4052. Confidentiality of medical quality assurance

9 records

10 ‘‘(a) DEFINITIONS.—In this section:

11 ‘‘(1) HEALTH CARE PROVIDER.—The term

12 ‘health care provider’ means any health care profes13 sional who is authorized by the Bureau of Prisons

14 or any granting authority to provide health care

15 services.

16 ‘‘(2) MEDICAL QUALITY ASSURANCE PRO17 GRAM.—The term ‘medical quality assurance pro18 gram’ means any activity carried out by or for the

19 Bureau of Prisons to assess the quality of medical

20 care, including activities conducted by individuals,

21 medical or dental treatment facility committees, or

22 other review bodies responsible for quality assurance,

23 credentials, infection control, patient care assess24 ment (including treatment procedures, blood, drugs,

25 and therapeutics), medical records, health resources
698

•S 899 IS

1 management review and identification, and preven2 tion of medical or dental incidents and risks.

3 ‘‘(3) MEDICAL QUALITY ASSURANCE RECORD.—

4 The term ‘medical quality assurance record’ means

5 the proceedings, records, minutes, and reports, in6 cluding internal agency documents, that emanate

7 from or refer to quality assurance program activities

8 described in paragraph (1) and are produced or

9 compiled by the Bureau of Prisons as part of a med10 ical quality assurance program.

11 ‘‘(b) CONFIDENTIALITY OF RECORDS.—Medical qual12 ity assurance records created by or for the Bureau of Pris13 ons as part of a medical quality assurance program are

14 confidential and privileged. Such records may not be dis15 closed to any person or entity, except as provided in sub16 section (d).

17 ‘‘(c) PROHIBITION ON DISCLOSURE AND TESTI18 MONY.—

19 ‘‘(1) IN GENERAL.—No part of any medical

20 quality assurance record described in subsection (b)

21 may be subject to discovery or admitted into evi22 dence in any judicial or administrative proceeding,

23 except as provided in subsection (d).

24 ‘‘(2) PERSONS REVIEWING RECORDS.—A person

25 who reviews or creates medical quality assurance
699

•S 899 IS

1 records for the Bureau of Prisons or who partici2 pates in any proceeding for the purpose of reviewing

3 or creating such records may not be permitted or re4 quired to testify in any judicial or administrative

5 proceeding with respect to such records or with re6 spect to any finding, recommendation, evaluation,

7 opinion, or action taken by such person or body in

8 connection with such records except as provided in

9 this section.

10 ‘‘(d) AUTHORIZED DISCLOSURE.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a

12 medical quality assurance record described in sub13 section (b) may be disclosed, and a person referred

14 to in subsection (c) may give testimony in connection

15 with such a record, only—

16 ‘‘(A) to a Federal, State, or local law en17 forcement officer, if the record is requested in

18 connection with a criminal investigation.

19 ‘‘(B) to a criminal or civil law enforcement

20 agency or instrumentality charged under appli21 cable law with the protection of the public

22 health or safety, if a qualified representative of

23 such agency or instrumentality makes a written

24 request that such record or testimony be pro25 vided for a purpose authorized by law.
700

•S 899 IS

1 ‘‘(C) to health care personnel, to the extent

2 necessary to meet a medical emergency affect3 ing the health or safety of any individual; or

4 ‘‘(D) to an officer or employee of the Bu5 reau of Prisons who has a need for such record

6 or testimony to perform official duties.

7 ‘‘(2) DELETION OF CERTAIN INFORMATION.—

8 Except for a disclosure under paragraph (1)(A), the

9 name of and other identifying information regarding

10 any inmate receiving health care services from the

11 Bureau of Prisons, any Bureau of Prisons employee

12 or contractor, or any other individual associated with

13 the Bureau of Prisons for purposes of a medical

14 quality assurance program, contained in a medical

15 quality assurance record or document described in

16 subsection (b), shall be deleted from that record or

17 document before any disclosure is made under this

18 subsection.

19 ‘‘(e) DISCLOSURE FOR CERTAIN PURPOSES.—Noth20 ing in this section may be construed—

21 ‘‘(1) to authorize or require the withholding

22 from any person or entity aggregate statistical infor23 mation regarding the result of Bureau of Prisons

24 medical quality assurance programs.
701

•S 899 IS

1 ‘‘(2) to authorize the withholding of any med2 ical quality assurance record from a committee of

3 the House of Representatives or the Senate, any

4 joint committee of Congress, or the General Ac5 counting Office, if such record pertains to any mat6 ter within their respective jurisdictions.

7 ‘‘(f) PROHIBITION ON DISCLOSURE OF RECORD OR

8 TESTIMONY.—A person or entity having possession of or

9 access to a record or testimony described by this section

10 may not disclose the contents of such record in any man11 ner or for any purpose except as provided in this section.

12 ‘‘(g) EXEMPTION FROM FREEDOM OF INFORMATION

13 ACT.—Medical quality assurance records described in sub14 section (b) may not be made available to any person under

15 section 522 of title 5.

16 ‘‘(h) LIMITATION ON CIVIL LIABILITY.—A person

17 who participates in or provides information to a person

18 or body that reviews or creates medical quality assurance

19 records described in subsection (b) shall not be civilly lia20 ble for such participation or for providing such informa21 tion if the participation or provision of information was

22 in good faith based on prevailing professional standards

23 at the time the medical quality assurance program activity

24 took place.
702

•S 899 IS

1 ‘‘(i) APPLICATION TO INFORMATION IN CERTAIN

2 OTHER RECORDS.—Nothing in this section shall be con3 strued as limiting access to the information in a record

4 created and maintained outside a medical quality assur5 ance program, including an inmate’s medical records, on

6 the ground that the information was presented during

7 meetings of a review body that are part of a medical qual8 ity assurance program.

9 ‘‘(j) REGULATIONS.—The Director of the Bureau of

10 Prisons may prescribe regulations to implement this sec11 tion.

12 ‘‘(k) PENALTIES.—Any person who willfully discloses

13 a medical quality assurance record other than as provided

14 in this section, knowing that such record is a medical qual15 ity assurance record, shall be fined not more than $5,000

16 in the case of a first offense and not more than $20,000

17 in the case of a subsequent offense.’’.

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—

19 The analysis for chapter 303 of title 18, United States

20 Code, as amended by section 6506(a)(2) is amended by

21 adding at the end the following:

‘‘4052. Confidentiality of medical quality assurance records.’’.

22 SEC. 6510. ADMINISTRATION OF FEDERAL PRISON COM23 MISSARIES.

24 (a) IN GENERAL.—Section 4043 of title 18, United

25 States Code, is amended to read as follows:
703

•S 899 IS

1 ‘‘§ 4043. Prison Commissary Administration

2 ‘‘(a) The Director of the Bureau of Prisons may es3 tablish, operate, and maintain commissaries in Federal

4 penal or correctional facilities, from and through which ar5 ticles and services may be procured, sold, rendered, or oth6 erwise provided or made available for the benefit of in7 mates confined within those facilities. Only those articles

8 or services authorized by the Director of the Bureau of

9 Prisons may be procured from or through prison com10 missaries for the use of inmates.

11 ‘‘(b) There is established in the Treasury of the

12 United States a revolving fund to be known as the Prison

13 Commissary Fund, which shall be available to the Bureau

14 of Prisons without fiscal year limitation to carry out the

15 purposes, functions, and powers authorized by this section.

16 Funds currently on deposit in the ‘‘Commissary funds,

17 Federal prisons’’ account of the Treasury shall be trans18 ferred to the Prison Commissary Fund.

19 ‘‘(c) The Director of the Bureau of Prisons may ac20 cept gifts or bequests of money for credit to the Fund.

21 The Director may also accept gifts or bequests of other

22 property, real or personal, for use or other disposition by

23 the Bureau of Prisons. A gift or bequest under this section

24 is a gift or bequest to or for the use of the United States

25 under the Internal Revenue Code of 1986 (26 U.S.C. 1

26 et seq.).
704

•S 899 IS

1 ‘‘(d) Amounts in the Prison Commissary Fund that

2 are not needed for operations shall be kept on deposit or

3 invested in obligations of, or guaranteed by, the United

4 States and all earnings on such investments shall be de5 posited in the Prison Commissary Fund.

6 ‘‘(e) There shall be deposited in the Fund, subject

7 to withdrawal by the Bureau of Prisons—

8 ‘‘(1) revenues received from the sale of articles

9 through prison commissaries;

10 ‘‘(2) revenues received from services rendered

11 by prison commissaries;

12 ‘‘(3) a gift or bequest of money for credit to the

13 Fund;

14 ‘‘(4) proceeds from the sale or disposal of do15 nated property, real or personal, for credit to the

16 Fund; and

17 ‘‘(5) earnings or interest that may be derived

18 from investments of the Fund.

19 ‘‘(f)(1) The Fund shall be available for the payment

20 of any expenses incurred by the Bureau of Prisons in es21 tablishing, operating, and maintaining prison com22 missaries, including the employment of personnel, the pur23 chase of equipment, security-related or otherwise, and

24 those expenses incurred in the provision of articles or serv-
705

•S 899 IS

1 ices procured, sold, rendered, or otherwise provided or

2 made available to inmates.

3 ‘‘(2) The Director of the Bureau of Prisons may use

4 amounts from the Prison Commissary Fund for any pur5 pose, including expenditures for programs, goods, and

6 services, that benefits the general welfare of inmates. No

7 inmate shall be entitled to any portion of the Fund.

8 ‘‘(g) Employees compensated by or through the Pris9 on Commissary Fund may be assigned additional duties

10 other than those directly related to commissary activities.

11 ‘‘(h) The provisions of sections 554 and 555 and 701

12 through 706 of title 5, United States Code, do not apply

13 to the making of any determination, decision, or order

14 under this section.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENT.—

16 Section 1321(a) of title 31, United States Code, is amend17 ed by striking ‘‘Commissary funds, Federal prisons’’.

18 SEC. 6511. MEDICAL PAY ALLOWANCE.

19 (a) IN GENERAL.—Chapter 59 of title 5, United

20 States Code, is amended by adding after section 5948 the

21 following:

22 ‘‘§ 5949. Physician assistants and nurse practitioners

23 comparability allowances

24 ‘‘(a) Notwithstanding any other provision of law, and

25 in order to recruit and retain highly qualified physician
706

•S 899 IS

1 assistants and nurse practitioners, the Director of the Bu2 reau of Prisons, subject to the provisions of this section,

3 section 5307, and such regulations as may be prescribed

4 to carry out this section, may enter into a service agree5 ment with a physician assistant or nurse practitioner that

6 provides for the completion of a specified period of service

7 in the Bureau of Prisons in return for an allowance for

8 the duration of such agreement in an amount to be deter9 mined by the Director and specified in the agreement, but

10 not to exceed $20,000 per annum.

11 ‘‘(b) An allowance may not be paid pursuant to this

12 section to any physician assistant or nurse practitioner

13 who—

14 ‘‘(1) is employed on less than a half-time or

15 intermittent basis;

16 ‘‘(2) occupies an internship or residency train17 ing position;

18 ‘‘(3) is a reemployed annuitant; or

19 ‘‘(4) is fulfilling a scholarship obligation.

20 ‘‘(c) The amount of each allowance shall be deter21 mined by the Director, subject to such regulations, cri22 teria, and conditions as may be prescribed.

23 ‘‘(d) Any agreement entered into by a physician as24 sistant or nurse practitioner under this section shall be

25 for a period of 1 year of service in the Bureau of Prisons
707

•S 899 IS

1 unless the physician assistant or nurse practitioner re2 quests an agreement for a longer period of service. No

3 agreement shall be entered into under this section later

4 than September 30, 2002, nor shall any agreement cover

5 a period of service extending beyond September 30, 2004.

6 ‘‘(e) Unless otherwise provided for in the agreement

7 under subsection (f) of this section, an agreement under

8 this section shall provide that the physician assistant or

9 nurse practitioner, in the event that such individual volun10 tarily, or because of misconduct, fails to complete at least

11 1 year of service pursuant to such agreement, shall be re12 quired to refund the total amount received under this sec13 tion, unless the Director, pursuant to such regulations as

14 may be prescribed under this section, determines that such

15 failure is necessitated by circumstances beyond the control

16 of the physician assistant or nurse practitioner.

17 ‘‘(f) Any agreement under this section shall specify

18 the terms under which the Director and the physician as19 sistant or nurse practitioner may elect to terminate such

20 agreement, and the amounts, if any, required to be re21 funded by the physician assistant or nurse practitioner for

22 each reason for termination.

23 ‘‘(g) In this section, ‘physician assistant or nurse

24 practitioner’ means any individual employed as a physician
708

•S 899 IS

1 assistant, who holds a State license, or as a nurse practi2 tioner, who holds a State license, who is paid under—

3 ‘‘(1) section 5332, relating to the General

4 Schedule;

5 ‘‘(2) section 5371, relating to certain health

6 care positions; or

7 ‘‘(3) section 5305.

8 ‘‘(h)(1) Any allowance paid under this section shall

9 not be considered as basic pay for the purposes of sub10 chapter VI and section 5595 of chapter 55, chapter 81,

11 83, or 87 of this title, or other benefits related to basic

12 pay.

13 ‘‘(2) Any allowance under this section for a physician

14 assistant or nurse practitioner shall be paid in the same

15 manner and at the same time as the physician assistant’s

16 or nurse practitioner’s basic pay is paid.’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

18 (1) LIMITATION.—Section 5307(a)(2)(C) of

19 title 5, United States Code, is amended by striking

20 ‘‘or 5948’’ and inserting ‘‘5948, or 5949’’.

21 (2) CHAPTER ANALYSIS.—The analysis for

22 chapter 59 of title 5, United States Code, is amend23 ed by adding at the end the following:

‘‘5949. Physician assistants and nurse practitioners comparability allowances.’’.
709

•S 899 IS

1 SEC. 6512. JUDICIAL DISTRICT DESIGNATION.

2 Section 113 of title 28, United States Code, is

3 amended by striking ‘‘Federal Correctional Institution,

4 Butner’’ each place that term appears and inserting ‘‘Fed5 eral Correctional Complex, Butner’’.

6 SEC. 6513. OFFENSES INVOLVING INDIVIDUALS IN CUS7 TODY.

8 (a) SEXUAL ABUSE OFFENSES.—Chapter 109A of

9 title 18, United States Code, is amended—

10 (1) by inserting ‘‘or, with respect to any person

11 in the custody of the Bureau of Prisons or the At12 torney General or confined in any institution or fa13 cility by direction of the Attorney General’’ after ‘‘in

14 a Federal prison,’’ each place it appears;

15 (2) in section 2243(b), by striking ‘‘one year’’

16 and inserting ‘‘3 years’’;

17 (3) in section 2244(a)(4), by striking ‘‘six

18 months’’ and inserting ‘‘2 years’’; and

19 (4) in section 2244(b), by striking ‘‘six months’’

20 and inserting ‘‘2 years’’.

21 (b) ASSAULT.—Section 113(a) of title 18, United

22 States Code, is amended by inserting ‘‘or, with respect to

23 any person in the custody of the Bureau of Prisons or

24 the Attorney General or confined in any institution or fa25 cility by direction of the Attorney General,’’ after ‘‘within
710

•S 899 IS

1 the special maritime and territorial jurisdiction of the

2 United States,’’.

3 (c) MURDER BY A FEDERAL PRISONER.—Section

4 1118(a) of title 18, United States Code, is amended by

5 inserting ‘‘or in the custody of the Bureau of Prisons or

6 the Attorney General or confined in any institution or fa7 cility by direction of the Attorney General,’’ after ‘‘Federal

8 correctional institution’’.

9 SEC. 6514. PRISON CREDIT AND AGING PRISONER REFORM.

10 (a) PRISON CREDIT REFORM.—Section 3585(b) of

11 title 18, United States Code, is amended to read as fol12 lows:

13 ‘‘(b) CREDIT FOR PRIOR CUSTODY.—A defendant

14 shall be given credit toward the service of a term of impris15 onment for any time spent in official detention prior to

16 the date the sentence commences only if that official

17 detention—

18 ‘‘(1) is as a result of the offense for which the

19 sentence was imposed; and

20 ‘‘(2) has not been credited toward another sen21 tence or applied in any manner to an undischarged

22 concurrent term of imprisonment.’’.

23 (b) GOOD TIME CREDITS FOR FOREIGN PRISONERS

24 TRANSFERRED TO THE UNITED STATES.—
711

•S 899 IS

1 (1) IN GENERAL.—Section 4105(c) of title 18,

2 United States Code, is amended—

3 (A) in paragraph (1), by inserting ‘‘by the

4 Bureau of Prisons and deducted from the sen5 tence imposed by the foreign court’’ after

6 ‘‘These credits shall be combined’’;

7 (B) by redesignating paragraphs (3) and

8 (4) as paragraphs (5) and (6), respectively; and

9 (C) by inserting after paragraph (2) the

10 following:

11 ‘‘(3) If the term of imprisonment under section

12 4106A(b)(1)(A) is less than or equal to the total

13 sentence imposed and certified by the foreign au14 thorities on the basis of considerations other than

15 the limitation arising under section 4106A(b)(1)(C),

16 the Bureau of Prisons shall calculate credits for sat17 isfactory behavior at the rate provided in section

18 3624(b) and computed on the basis of the term of

19 imprisonment under section 4106A(b)(1)(A). If the

20 credits calculated under this paragraph produce a

21 release date that is earlier than the release date oth22 erwise determined under this section, the release

23 date calculated under this paragraph shall apply to

24 the transferred offender.
712

•S 899 IS

1 ‘‘(4) Upon release from imprisonment, the of2 fender shall commence service of any period of su3 pervised release established pursuant to section

4 4106A(b)(1)(A), and the balance of the foreign sen5 tence remaining at the time of release from prison

6 shall not be reduced by credits for satisfactory be7 havior, or labor, or any other credit that has been

8 applied to establish the offender’s release date.’’.

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—Section 4106A(b)(1)(A) of title 18, United

11 States Code, is amended by striking ‘‘release date’’

12 and inserting ‘‘term of imprisonment’’.

13 (c) ALLOWING A TERM OF SUPERVISED RELEASE

14 AFTER THE RELEASE OF CERTAIN OFFENDERS.—Section

15 3582(c)(1)(A) of title 18, United States Code, is

16 amended—

17 (1) by inserting ‘‘(and may impose a sentence

18 of probation or supervised release with or without

19 conditions)’’ after ‘‘may reduce the term of impris20 onment’’; and

21 (2) in clause (ii), by striking ‘‘, pursuant to a

22 sentence imposed under section 3559(c),’’.
713

•S 899 IS

1 SEC. 6515. AUTHORIZATION OF VIDEO TELECONFER2 ENCING FOR CERTAIN PROCEEDINGS.

3 Rule 43(c) of the Federal Rules of Criminal Proce4 dure is amended—

5 (1) in paragraph (3) by striking ‘‘or’’ after the

6 semicolon;

7 (2) in paragraph (4) by striking the period and

8 inserting a semicolon and ‘‘or’’; and

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

10 ‘‘(5) when—

11 ‘‘(A) the proceeding is the initial appear12 ance, arraignment, taking of the plea, other

13 pretrial session, or the sentencing hearing; and

14 ‘‘(B)(i) the defendant, in writing, waives

15 the right to be present in court; or

16 ‘‘(ii) the court finds, for good cause shown

17 in exceptional circumstances and upon appro18 priate safeguards, that communication with a

19 defendant (who is not physically present before

20 the court) by video teleconferencing is an ade21 quate substitute for the defendant’s physical

22 presence.’’.
714

•S 899 IS

1 Subtitle F—United States Marshals

2 Service

3 SEC. 6601. FEDERAL JUDICIARY SECURITY.

4 Section 566(e)(1) of title 28, United States Code, is

5 amended by striking subparagraph (A) and inserting the

6 following:

7 ‘‘(A) provide for the personal protection of,

8 and residential security for, Federal jurists and

9 provide for the personal protection of court offi10 cers, witnesses, and other threatened persons in

11 the interests of justice where criminal intimida12 tion impedes the functioning of the judicial

13 process or any other official proceeding; and’’.

14 SEC. 6602. ADMINISTRATIVE SUBPOENAS TO APPREHEND

15 FUGITIVES.

16 (a) IN GENERAL.—Chapter 49 of title 18, United

17 States Code, is amended by adding at the end the fol18 lowing:

19 ‘‘§ l075. Administrative subpoenas to apprehend fugi20 tives

21 ‘‘(a) In this section—

22 ‘‘(1) the term ‘fugitive’ means a person who—

23 ‘‘(A) having been accused by complaint, in24 formation, or indictment under Federal law or

25 having been convicted of committing a felony
715

•S 899 IS

1 under Federal law, flees or attempts to flee

2 from or evades or attempts to evade the juris3 diction of the court with jurisdiction over the

4 felony;

5 ‘‘(B) having been accused by complaint, in6 formation, or indictment (or equivalent docu7 ment) under State law or having been convicted

8 of committing a felony under State law, flees or

9 attempts to flee from, or evades or attempts to

10 evade, the jurisdiction of the court with juris11 diction over the felony;

12 ‘‘(C) escapes from lawful Federal or State

13 custody after having been accused by complaint,

14 information or indictment (or equivalent docu15 ment under State law) or having been convicted

16 of committing a felony under Federal or State

17 law; or

18 ‘‘(D) is in violation of subparagraph (2) or

19 (3) of the first undesignated paragraph of sec20 tion 1073;

21 ‘‘(2) the term ‘investigation’ means, with re22 spect to a State fugitive described in subparagraph

23 (B) or (C) of paragraph (1), an investigation in

24 which there is reason to believe that the fugitive fled

25 from or evaded, or attempted to flee from or evade,
716

•S 899 IS

1 the jurisdiction of the court, or escaped from cus2 tody, in or affecting, or using any facility of, inter3 state or foreign commerce, or as to whom an appro4 priate law enforcement officer or official of a State

5 or political subdivision has requested the Attorney

6 General to assist in the investigation, and the Attor7 ney General finds that the particular circumstances

8 of the request give rise to a Federal interest suffi9 cient for the exercise of Federal jurisdiction pursu10 ant to section 1075;

11 ‘‘(3) the term ‘State’ means a State of the

12 United States, the District of Colombia, and any

13 commonwealth, territory, or possession of the United

14 States; and

15 ‘‘(4) the term ‘relevant or material’ means there

16 are articulable facts that show the fugitive’s where17 abouts may be discerned from the records sought.

18 ‘‘(b) In any investigation with respect to the appre19 hension of a fugitive, the Attorney General may subpoena

20 witnesses for the purpose of the production of any records

21 (including books, papers, documents, electronic data, and

22 other tangible and intangible items that constitute or con23 tain evidence) that the Attorney General finds relevant or

24 material in the investigation. The attendance of witnesses

25 and the production of records may be required from any
717

•S 899 IS

1 place in any State or other place subject to the jurisdiction

2 of the United States at any designated place where the

3 witness was served with a subpoena, except that a witness

4 shall not be required to appear more than 500 miles dis5 tant from the place where the witness was served. Wit6 nesses summoned under this section shall be paid the

7 same fees and mileage that are paid witnesses in the

8 courts of the United States.

9 ‘‘(c) A subpoena issued under this section may be

10 served by any person designated in the subpoena to serve

11 it. Service upon a natural person may be made by personal

12 delivery of the subpoena to that person or by certified mail

13 with return receipt requested. Service may be made upon

14 a domestic or foreign corporation or upon a partnership

15 or other unincorporated association that is subject to suit

16 under a common name, by delivering the subpoena to an

17 officer, to a managing or general agent, or to any other

18 agent authorized by appointment or by law to receive serv19 ice of process. The affidavit of the person serving the sub20 poena entered on a true copy thereof by the person serving

21 it shall be proof of service.

22 ‘‘(d) In the case of the contumacy by or refusal to

23 obey a subpoena issued to any person, the Attorney Gen24 eral may invoke the aid of any court of the United States

25 within the jurisdiction of which the investigation is carried
718

•S 899 IS

1 on or of which the subpoenaed person is an inhabitant,

2 or in which he carries on business or may be found, to

3 compel compliance with the subpoena. The court may

4 issue an order requiring the subpoenaed person to appear

5 before the Attorney General to produce records if so or6 dered. Any failure to obey the order of the court may be

7 punishable by the court as contempt thereof. All process

8 in any such case may be served in any judicial district

9 in which the person may be found.

10 ‘‘(e) This section shall be construed and applied in

11 a manner consistent with section 2703 and with section

12 1102 of the Right to Financial Privacy Act of 1978 (12

13 U.S.C. 3402).

14 ‘‘(f) The Attorney General may delegate the authori15 ties provided in this section only pursuant to the issuance

16 of formal guidelines.’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENT.—

18 The analysis for chapter 49 of title 18, United States

19 Code, is amended by adding at the end the following:

‘‘1075. Administrative subpoenas to apprehend fugitives.’’.

20 SEC. 6603. PRISONER MEDICAL PAYMENT EFFICIENCY.

21 (a) IN GENERAL.—Section 4006 of title 18, United

22 States Code, is amended to read as follows:
719

•S 899 IS

1 ‘‘§ 4006. Subsistence for prisoners

2 ‘‘The Attorney General shall acquire subsistence and

3 medical care for persons in the custody of the United

4 States Marshals Service at fair and reasonable prices.’’.

5 (b) MEDICAL EXPENSES FOR PRISONERS IN THE

6 CUSTODY OF THE UNITED STATES MARSHALS SERV7 ICE.—

8 (1) IN GENERAL.—Chapter 301 of title 18,

9 United States Code, is amended by adding at the

10 end the following:

11 ‘‘§ 4015. Allowable medical costs and expenses for

12 Federal prisoners

13 ‘‘(a) IN GENERAL.—Notwithstanding section 4013,

14 funds available for the United States Marshals Service

15 may be used to acquire medical care for persons in the

16 custody of the United States Marshals Service at fair and

17 reasonable prices.

18 ‘‘(b) COSTS.—Without specific authorization from

19 the Attorney General, the expenses incurred in the provi20 sion of medical care under this paragraph shall not exceed

21 the costs and expenses charged in the provision of similar

22 health care services paid pursuant to the medicare pro23 gram under title XVII of the Social Security Act and the

24 medicaid program under title XIX of such Act.’’.

25 (2) TECHNICAL AND CONFORMING AMEND26 MENT.—The analysis for chapter 301 of title 18,
720

•S 899 IS

1 United States Code, is amended by adding at the

2 end the following:

‘‘4015. Allowable medical costs and expenses for Federal prisoners.’’.

3 SEC. 6604. SUBSISTENCE FOR PERSONS IN CUSTODY OF

4 UNITED STATES MARSHALS.

5 (1) IN GENERAL.—Chapter 301 of title 18,

6 United States Code, as amended by section

7 6603(b)(1) of this subtitle, is amended by adding at

8 the end the following:

9 ‘‘§ 4016. Subsistence for persons in custody

10 ‘‘Notwithstanding any other provision of law, the At11 torney General shall acquire subsistence for persons in the

12 custody of the United States Marshals Service at fair and

13 reasonable prices.’’.

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—The analysis for chapter 301 of title 18,

16 United States Code, as amended by section

17 6603(b)(2) of this subtitle, is amended by adding at

18 the end the following:

‘‘4016. Subsistence for persons in custody.’’.

19 SEC. 6605. AIR TRANSPORTATION FOR LAW ENFORCEMENT

20 PURPOSES.

21 Section 40102(a)(37) of title 49, United States Code,

22 is amended—

23 (1) in subparagraph (A), by striking ‘‘but’’ at

24 the end;
721

•S 899 IS

1 (2) by redesignating subparagraph (B) as sub2 paragraph (C);

3 (3) by inserting after subparagraph (A) the fol4 lowing:

5 ‘‘(B) includes a privately leased or rented

6 aircraft and crew, if the aircraft is operated for

7 the purpose of transporting prisoners or detain8 ees; and’’; and

9 (4) in the flush sentence at the end of subpara10 graph (C), as redesignated, by striking ‘‘if the unit

11 of government on whose behalf’’ and all that follows

12 before the period at the end and inserting ‘‘if the

13 aircraft is used for purposes of law enforcement,

14 search and rescue, or responding to an imminent

15 threat to property or natural resources’’.

16 Subtitle G—Federal Prisoner and

17 Criminal Alien Detention

18 SEC. 6701. MEETING LONG-TERM FEDERAL DETENTION

19 NEEDS.

20 (a) LONG-TERM FEDERAL DETENTION NEEDS.—

21 Section 4013 of title 18, United States Code, is amended

22 by adding at the end the following:

23 ‘‘(c) The Director of the United States Marshals

24 Service—
722

•S 899 IS

1 ‘‘(1) may designate districts singly or in

2 combination—

3 ‘‘(A) experiencing or projected to experi4 ence a severe shortage in the number of spaces

5 for Federal detainees; or

6 ‘‘(B) experiencing or projected to experi7 ence high growth in the number of Federal de8 tainees; and

9 ‘‘(2) may enter into contracts or cooperative

10 agreements pursuant to subsection (a)(4) to meet

11 the long-term detention needs of the district or dis12 tricts designated under paragraph (1) of this sub13 section.’’.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated—

16 (1) for contracts or cooperative agreements

17 under section 4013(a)(4) of title 18, United States

18 Code—

19 (A) $50,000,000 for fiscal year 2000;

20 (B) $53,000,000 for fiscal year 2001; and

21 (C) $55,000,000 for fiscal year 2002; and

22 (2) to carry out section 4013(c) of title 18,

23 United States Code, as added by subsection (a) of

24 this section, $5,000,000 for each of fiscal years

25 2000 and 2001.
723

•S 899 IS

1 SEC. 6702. REPORT ON FEDERAL DETENTION SPACE

2 SHORTAGE.

3 (a) IN GENERAL.—Not later than 180 days after the

4 date of enactment of this Act, the Attorney General shall

5 submit to the Committees on the Judiciary of the Senate

6 and the House of Representatives a report on detention

7 space for Federal detainees in the custody of the United

8 States Marshals Service and the Immigration and Natu9 ralization Service.

10 (b) CONTENTS OF REPORT.—The report submitted

11 under subsection (a) shall include—

12 (1) 10-year projections for the detainee popu13 lations of the United States Marshals Service and

14 the Immigration and Naturalization Service;

15 (2) specific plans to ensure space is available to

16 meet projected needs;

17 (3) specific plans to comply with detention and

18 removal requirements of the Immigration Reform

19 Act of 1996; and

20 (4) recommendations on the feasibility and ad21 visability of consolidating all detention activities of

22 the Department of Justice under 1 agency of the

23 Department of Justice.

24 SEC. 6703. FAIRNESS IN BAIL BOND FORFEITURE.

25 Rule 46(e)(1) of the Federal Rules of Criminal Proce26 dure is amended by striking ‘‘there is a breach of condition
724

•S 899 IS

1 of’’ and inserting ‘‘the defendant fails to appear as re2 quired by’’.

3 Subtitle H—Prison Litigation

4 Reform

5 SEC. 6801. APPROPRIATE REMEDIES FOR PRISON CONDI6 TIONS.

7 (a) TRANSFER AND REDESIGNATION.—Section 3626

8 of title 18, United States Code, is—

9 (1) transferred to the Civil Rights of Institu10 tionalized Persons Act (42 U.S.C. 1997 et seq.);

11 (2) redesignated as section 13 of that Act; and

12 (3) inserted after section 12 of that Act (42

13 U.S.C. 1997j).

14 (b) AMENDMENTS.—Section 13 of the Civil Rights of

15 Institutionalized Persons Act, as redesignated by sub16 section (a) of this section, is amended—

17 (1) in subsection (b)(3), by adding at the end

18 the following: ‘‘Noncompliance with an order for

19 prospective relief by any party, including the party

20 seeking termination of that order, shall not con21 stitute grounds for refusal to terminate the prospec22 tive relief, if the party’s noncompliance does not con23 stitute a current and ongoing violation of a Federal

24 right.’’;
725

•S 899 IS

1 (2) by redesignating subsections (e) through (g)

2 as subsections (f) through (h), respectively;

3 (3) by inserting after subsection (d) the fol4 lowing:

5 ‘‘(e) PROCEDURE FOR ENTERING PROSPECTIVE RE6 LIEF.—

7 ‘‘(1) IN GENERAL.—In any civil action with re8 spect to prison conditions, a court entering an order

9 for prospective relief shall enter written findings

10 specifying—

11 ‘‘(A) the Federal right the court finds to

12 have been violated;

13 ‘‘(B) the facts establishing that violation;

14 ‘‘(C) the particular plaintiff or plaintiffs

15 who suffered actual injury caused by that viola16 tion;

17 ‘‘(D) the actions of each defendant that

18 warrant and require the entry of prospective re19 lief against that defendant;

20 ‘‘(E) the reasons for which, in the absence

21 of prospective relief, each defendant as to whom

22 the relief is being entered will not take ade23 quate measures to correct the violation of the

24 Federal right;
726

•S 899 IS

1 ‘‘(F) the reasons for which no more nar2 rowly drawn or less intrusive prospective relief

3 would correct the current and ongoing violation

4 of the Federal right; and

5 ‘‘(G) the estimated impact of the prospec6 tive relief on public safety and the operation of

7 any affected criminal justice system.

8 ‘‘(2) CONFLICT WITH STATE LAW.—If the pro9 spective relief ordered in any civil action with respect

10 to prison conditions requires or permits a govern11 ment official to exceed his or her authority under

12 State or local law or otherwise violates State law,

13 the court shall, in addition to the findings required

14 under paragraph (1), enter findings regarding the

15 reasons for which—

16 ‘‘(A) Federal law requires such relief to be

17 ordered in violation of State or local law;

18 ‘‘(B) the specific relief is necessary to cor19 rect the violation of a Federal right; and

20 ‘‘(C) no other relief will correct the viola21 tion of the Federal right.’’;

22 (4) in subsection (f), as redesignated—

23 (A) in paragraph (3), in the first sentence,

24 by inserting before the period at the end the

25 following: ‘‘, including that the case requires
727

•S 899 IS

1 the determination of complex or novel questions

2 of law, or that the court plans to order or has

3 ordered a hearing under paragraph (5)(E) or

4 discovery under paragraph (5)(F)’’; and

5 (B) by adding at the end the following:

6 ‘‘(5) TERMINATION OF PROSPECTIVE RELIEF.—

7 ‘‘(A) CONTENTS OF ANSWER TO MOTION

8 TO TERMINATE.—

9 ‘‘(i) IN GENERAL.—In the answer to

10 the motion to terminate prospective relief,

11 the plaintiff may oppose termination in ac12 cordance with this subparagraph, on the

13 ground that the prospective relief remains

14 necessary to correct a current and ongoing

15 violation of a Federal right.

16 ‘‘(ii) RELIEF ENTERED BEFORE EN17 ACTMENT OF PRISON LITIGATION REFORM

18 ACT OF 1995.—If the prospective relief

19 sought to be terminated was entered before

20 the date of enactment of the Prison Litiga21 tion Reform Act of 1995, the answer op22 posing termination under clause (i) shall

23 allege—
728

•S 899 IS

1 ‘‘(I) the specific Federal right al2 leged to be the object of a current vio3 lation;

4 ‘‘(II) specific facts that, if true,

5 would establish that current violation;

6 ‘‘(III) the particular plaintiff or

7 plaintiffs who are currently suffering

8 actual injury caused by that violation;

9 ‘‘(IV) the actions of each named

10 defendant that constitute that viola11 tion of the particular plaintiff’s or

12 plaintiffs’ right;

13 ‘‘(V)(aa) the portion of the com14 plaint or amended complaint filed

15 prior to the original entry of the pro16 spective relief sought to be retained

17 that alleged the violation of that Fed18 eral right;

19 ‘‘(bb) the portion of the court

20 order originally ordering the prospec21 tive relief that found the violation of

22 that Federal right; or

23 ‘‘(cc) both the materials specified

24 in items (aa) and (bb), if the violation
729

•S 899 IS

1 of right was both alleged and estab2 lished;

3 ‘‘(VI) the manner in which the

4 current and ongoing violation can be

5 remedied by maintaining the existing

6 prospective relief; and

7 ‘‘(VII) the reasons for which, in

8 the absence of prospective relief, each

9 defendant as to whom the relief would

10 be maintained would not take ade11 quate measures to correct the viola12 tion of the Federal right.

13 ‘‘(iii) RELIEF ENTERED AFTER EN14 ACTMENT OF PRISON LITIGATION REFORM

15 ACT OF 1995.—If the prospective relief was

16 entered after the date of enactment of the

17 Prison Litigation Reform Act of 1995, the

18 answer opposing termination under clause

19 (i) shall allege—

20 ‘‘(I) the specific Federal right al21 leged to be the object of a current vio22 lation;

23 ‘‘(II) specific facts that, if true,

24 would establish that current violation;
730

•S 899 IS

1 ‘‘(III) the particular plaintiff or

2 plaintiffs who are currently suffering

3 actual injury caused by that violation;

4 ‘‘(IV) the current actions of each

5 named defendant that constitute that

6 violation of the particular plaintiff’s

7 or plaintiffs’ right;

8 ‘‘(V) the findings required by

9 subsection (e) made by the court at

10 the time of the original entry of the

11 prospective relief that established that

12 the right had been violated and that

13 the prospective relief was necessary to

14 correct the violation;

15 ‘‘(VI) the manner in which the

16 current and ongoing violation can be

17 remedied by maintaining the existing

18 prospective relief; and

19 ‘‘(VII) the reasons for which, in

20 the absence of prospective relief, each

21 defendant as to whom the relief would

22 be maintained would not take ade23 quate measures to correct the viola24 tion of the Federal right.
731

•S 899 IS

1 ‘‘(iv) The answer shall be accom2 panied by affidavits, references to the

3 record, and any other materials on which

4 the plaintiff relies to support the allega5 tions required to be contained in the an6 swer under clause (ii) or (iii).

7 ‘‘(B) CONTENTS OF RESPONSE TO AN8 SWER.—

9 ‘‘(i) IN GENERAL.—If the defendant

10 disputes plaintiff’s factual allegations, de11 fendant shall file a response to the answer

12 setting forth the factual allegations the de13 fendant challenges.

14 ‘‘(ii) ADDITIONAL REQUIREMENTS.—

15 In any case in which the defendant seeks

16 termination of the relief on the ground

17 that it is not narrowly tailored, overly in18 trusive, or poses too great a burden on

19 public safety or the operation of a criminal

20 justice system, or that it requires the de21 fendant to violate State or local law with22 out meeting the requirements of subsection

23 (a)(1)(B)—
732

•S 899 IS

1 ‘‘(I) the defendant shall set forth

2 the factual basis for these claims in

3 its response; and

4 ‘‘(II) the defendant shall also set

5 forth alternative relief that would cor6 rect the violation of the Federal right

7 and that is more narrowly tailored,

8 less intrusive, less burdensome to pub9 lic safety or the operation of the af10 fected criminal justice system, or does

11 not require a violation of State or

12 local law.

13 ‘‘(iii) SUPPORTING DOCUMENTA14 TION.—The defendant’s response shall be

15 accompanied by affidavits, references to

16 the record, and any other materials on

17 which the defendant relies to support its

18 challenge to the plaintiff’s factual allega19 tions or the factual basis for its claims re20 garding the propriety or scope of the relief.

21 ‘‘(C) BURDEN OF PERSUASION.—The

22 plaintiff shall have the burden of persuasion

23 with respect to each point required to be con24 tained in the answer. The defendant shall have

25 the burden of persuasion with respect to wheth-
733

•S 899 IS

1 er the relief extends further than necessary to

2 correct the violation of the Federal right, is not

3 narrowly drawn nor the least intrusive means to

4 correct the violation of the Federal right, exces5 sively burdens public safety or the operation of

6 a prison system, or requires the defendant to

7 violate State or local law without meeting the

8 requirements of subsection (a)(1)(B).

9 ‘‘(D) SUMMARY DETERMINATION.—The

10 court shall grant the motion to terminate if the

11 plaintiff’s answer fails to satisfy the require12 ments of subparagraph (A) or if the materials

13 accompanying the plaintiff’s answer together

14 with the materials accompanying the defend15 ant’s response fail to carry the plaintiff’s bur16 den of persuasion or fail to create a genuine

17 issue of material fact regarding whether the re18 lief should be maintained.

19 ‘‘(E) EVIDENTIARY HEARING.—If the

20 court determines that there is a genuine issue

21 of material fact that precludes it from making

22 a summary determination concerning the mo23 tion on the basis of the materials filed by the

24 parties, the court may conduct a limited evi-
734

•S 899 IS

1 dentiary hearing to resolve any disputed mate2 rial facts identified by the court.

3 ‘‘(F) DISCOVERY.—If the court determines

4 that the plaintiff’s answer meets the require5 ments of paragraph (5)(A), that there are gen6 uine issues of material fact that preclude it

7 from making a summary determination con8 cerning the motion based on the material filed

9 by the parties, and that discovery would assist

10 in resolving these issues, the court may permit

11 limited, narrowly tailored, and expeditious dis12 covery relating to the disputed material facts

13 identified by the court.

14 ‘‘(G) FINDINGS.—

15 ‘‘(i) IN GENERAL.—If the court denies

16 the motion to terminate prospective relief,

17 the court shall enter written findings

18 specifying—

19 ‘‘(I) the Federal right the court

20 finds to be currently violated;

21 ‘‘(II) the facts establishing that

22 the violation is continuing to occur;

23 ‘‘(III) the particular plaintiff or

24 plaintiffs who are currently suffering

25 actual injury caused by that violation;
735

•S 899 IS

1 ‘‘(IV) the actions of each defend2 ant that warrant and require the con3 tinuation of the prospective relief

4 against that defendant;

5 ‘‘(V) the reasons for which, in

6 the absence of continued prospective

7 relief, each defendant as to whom the

8 relief is continued will not take ade9 quate measures to correct the viola10 tion of the Federal right;

11 ‘‘(VI) the reasons for which no

12 more narrowly drawn or less intrusive

13 prospective relief would correct the

14 current and ongoing violation of the

15 Federal right;

16 ‘‘(VII) the impact of the prospec17 tive relief on public safety and the op18 eration of any affected criminal jus19 tice system; and

20 ‘‘(VIII) if the prospective relief

21 requires the defendant to violate State

22 or local law, the reasons for which—

23 ‘‘(aa) Federal law requires

24 the continuation of relief that

25 violates State or local law;
736

•S 899 IS

1 ‘‘(bb) the specific relief is

2 necessary to correct the violation

3 of a Federal right; and

4 ‘‘(cc) no other relief will cor5 rect the violation of the Federal

6 right.

7 ‘‘(ii) REQUIREMENTS FOR MOTIONS

8 ORDERED BEFORE ENACTMENT OF PRISON

9 LITIGATION REFORM ACT OF 1995.—In the

10 case of a motion to terminate prospective

11 relief entered before the date of enactment

12 of the Prison Litigation Reform Act of

13 1995, in addition to the requirements of

14 clause (i), the court’s written findings shall

15 also specify—

16 ‘‘(I)(aa) the portion of the com17 plaint or amended complaint that pre18 viously alleged that violation of Fed19 eral right;

20 ‘‘(bb) the findings the court

21 made at the time it originally entered

22 the prospective relief concerning that

23 violation of Federal right; or

24 ‘‘(cc) both the findings specified

25 in items (aa) and (bb), if the violation
737

•S 899 IS

1 was originally both alleged and estab2 lished; and

3 ‘‘(II) the prospective relief pre4 viously ordered to remedy that viola5 tion.

6 ‘‘(iii) REQUIREMENTS FOR MOTIONS

7 ORDERED AFTER ENACTMENT OF PRISON

8 LITIGATION REFORM ACT OF 1995.—In the

9 case of a motion to terminate prospective

10 relief originally ordered after the date of

11 enactment of the Prison Litigation Reform

12 Act of 1995, in addition to the require13 ments of clause (i), the court shall also

14 enter written findings specifying—

15 ‘‘(I) the findings required by sub16 section (e) made by the court at the

17 time the relief was originally entered

18 establishing that violation of Federal

19 right; and

20 ‘‘(II) the prospective relief pre21 viously ordered to remedy that viola22 tion.’’;

23 (5) in subsection (g), as redesignated—

24 (A) by striking the subsection designation

25 and heading and inserting the following:
738

•S 899 IS

1 ‘‘(g) SPECIAL MASTERS FOR CIVIL ACTIONS WITH

2 RESPECT TO PRISON CONDITIONS.—’’;

3 (B) in paragraph (1)(B), by striking

4 ‘‘under this subsection’’;

5 (C) in paragraph (2)—

6 (i) in subparagraph (A), by striking

7 ‘‘institution’’; and

8 (ii) by adding at the end the fol9 lowing:

10 ‘‘(D) APPLICABILITY.—

11 ‘‘(i) IN GENERAL.—This paragraph shall

12 not apply to any special master appointed be13 fore the date of enactment of the Prison Litiga14 tion Reform Act of 1995, unless their original

15 appointment expires on or after that date of en16 actment.

17 ‘‘(ii) SPECIAL MASTERS COVERED.—This

18 paragraph applies to all special masters ap19 pointed or reappointed after the date of enact20 ment of the Prison Litigation Reform Act of

21 1995, regardless of the cause of the expiration

22 of any initial appointment.’’;

23 (D) in paragraph (3), by striking ‘‘under

24 this subsection’’;

25 (E) in paragraph (4)—
739

•S 899 IS

1 (i) by striking ‘‘under this section’’;

2 (ii) by inserting ‘‘(A)’’ after ‘‘(4)’’;

3 (iii) in subparagraph (A), as so des4 ignated, by adding at the end the fol5 lowing: ‘‘In no event shall a court require

6 a party to pay the compensation, expenses,

7 or costs of the special master. Notwith8 standing any other provision of law (in9 cluding section 306 of the Act entitled ‘An

10 Act making appropriations for the Depart11 ments of Commerce, Justice, and State,

12 the Judiciary, and related agencies for the

13 fiscal year ending September 30, 1997,’

14 contained in section 101(a) of title I of di15 vision A of the Act entitled ‘An Act mak16 ing omnibus consolidated appropriations

17 for the fiscal year ending September 30,

18 1997’ (110 Stat. 3009201)) and except as

19 provided in subparagraph (B), the require20 ment under the preceding sentence shall

21 apply to the compensation and payment of

22 expenses or costs of a special master for

23 any action that is commenced before, on,

24 or after the date of enactment of the Pris25 on Litigation Reform Act of 1995.’’; and
740

•S 899 IS

1 (iv) by adding at the end the fol2 lowing:

3 ‘‘(B) The payment requirements under

4 subparagraph (A) shall not apply to the pay5 ment of a special master who was appointed be6 fore the date of enactment of the Prison Litiga7 tion Reform Act of 1995 (110 Stat. 1321165 et

8 seq.) of compensation, expenses, or costs relat9 ing to activities of the special master under this

10 subsection that were carried out during the pe11 riod beginning on the date of enactment of the

12 Prison Litigation Reform Act of 1995 and end13 ing on the date of enactment of this subpara14 graph.’’;

15 (F) in paragraph (5), by striking from ‘‘In

16 any civil action’’ and all that follows through

17 ‘‘subsection, the’’ and inserting ‘‘The’’; and

18 (G) in paragraph (6)—

19 (i) by striking ‘‘appointed under this

20 subsection’’;

21 (ii) by striking subparagraph (A) and

22 inserting the following:

23 ‘‘(A) may be authorized by a court to con24 duct hearings on the record, and shall make

25 any findings based on the record as a whole;’’;
741

•S 899 IS

1 (iii) in subparagraph (B), by striking

2 ‘‘communications;’’ and inserting ‘‘engage

3 in any communications ex parte; and’’; and

4 (iv) by striking subparagraph (C) and

5 redesignating subparagraph (D) as sub6 paragraph (C); and

7 (6) in subsection (h), as redesignated—

8 (A) in paragraph (1), by striking ‘‘settle9 ments’’ and inserting ‘‘settlement agreements’’;

10 (B) in paragraph (3)—

11 (i) by inserting ‘‘Federal, State, local,

12 or other’’ before ‘‘facility’’;

13 (ii) by striking ‘‘violations’’ and in14 serting ‘‘a violation’’;

15 (iii) by striking ‘‘terms and condi16 tions’’ and inserting ‘‘terms or conditions’’;

17 and

18 (iv) by inserting ‘‘or other post-convic19 tion conditional or supervised release,’’

20 after ‘‘probation,’’;

21 (C) in paragraph (5), by striking ‘‘or local

22 facility’’ and inserting ‘‘local, or other facility’’;

23 (D) in paragraph (8) by striking ‘‘inher24 ent’’;
742

•S 899 IS

1 (E) in paragraph (9), by striking the pe2 riod at the end and inserting a semicolon;

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

4 ‘‘(10) the term ‘violation of a Federal right’—

5 ‘‘(A) means a violation of a Federal con6 stitutional or Federal statutory right;

7 ‘‘(B) does not include a violation of a court

8 order that is not independently a violation of a

9 Federal statutory or Federal constitutional

10 right; and

11 ‘‘(C) shall not be interpreted to expand the

12 authority of any individual or class to enforce

13 the legal rights that individual or class may

14 have pursuant to existing law with regard to in15 stitutionalized persons, or to expand the author16 ity of the United States to enforce those rights

17 on behalf of any individual or class.’’; and

18 (G) by redesignating paragraphs (8) and

19 (9) as paragraphs (9) and (8), respectively, and

20 inserting paragraph (9), as redesignated, after

21 paragraph (8), as redesignated.

22 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

23 (1) IN GENERAL.—Chapter 229 of title 18,

24 United States Code, is amended by redesignating
743

•S 899 IS

1 section 3627, as added by section 5105(b) of this

2 Act, as section 3626.

3 (2) CHAPTER ANALYSIS.—The analysis for sub4 chapter C of chapter 229 of title 18, United States

5 Code, is amended—

6 (A) by striking the item relating to section

7 3626; and

8 (B) by redesignating the item relating to

9 section 3627, as added by section 5105(b) of

10 this Act, as an item relating to section 3626.

11 SEC. 6802. LIMITATION ON FEES.

12 Section 7 of the Civil Rights of Institutionalized Per13 sons Act (42 U.S.C. 1997e) is amended—

14 (1) in subsection (d)—

15 (A) in paragraph (1)—

16 (i) by striking ‘‘any action brought by

17 a prisoner who is confined in any jail, pris18 on, or other correctional facility’’ and in19 serting ‘‘any civil action with respect to

20 prison conditions brought by a plaintiff

21 who is or who has been confined in any

22 prison’’;

23 (ii) by inserting ‘‘or other provision of

24 Federal law’’ after (42 U.S.C. 1988)’’; and
744

•S 899 IS

1 (iii) by striking subparagraphs (A)

2 and (B) and inserting the following:

3 ‘‘(A) the fee was directly and reasonably

4 incurred in—

5 ‘‘(i) proving an actual violation of the

6 plaintiff’s Federal rights that resulted in

7 an order for relief;

8 ‘‘(ii) successfully obtaining contempt

9 sanctions for a violation of previously or10 dered prospective relief that meets the

11 standards set forth in section 13, if the

12 plaintiff made a good faith effort to resolve

13 the matter without court action; or

14 ‘‘(iii) successfully obtaining court or15 dered enforcement of previously ordered

16 prospective relief that meets the standards

17 set forth in section 13, if the enforcement

18 order was necessary to prevent an immi19 nent risk of serious bodily injury to the

20 plaintiff and the plaintiff made a good

21 faith attempt to resolve the matter without

22 court action; and

23 ‘‘(B) the amount of the fee is proportion24 ately related to the court ordered relief for the

25 violation.’’;
745

•S 899 IS

1 (B) in paragraph (2), by striking the last

2 sentence and inserting ‘‘If a monetary judgment

3 is the sole or principal relief awarded, the

4 award of attorney’s fees shall not exceed 100

5 percent of the judgment.’’;

6 (C) in paragraph (3)—

7 (i) by striking ‘‘greater than 150 per8 cent’’ and inserting ‘‘greater than the less9 er of—

10 ‘‘(A) 100 percent’’; and

11 (ii) by striking ‘‘counsel.’’ and insert12 ing ‘‘counsel; or

13 ‘‘(B) a rate of $100 per hour.’’; and

14 (D) in paragraph (4), by striking ‘‘pris15 oner’’ and inserting ‘‘plaintiff’’;

16 (2) in subsection (e), by striking ‘‘Federal civil

17 action’’ and inserting ‘‘civil action arising under

18 Federal law’’ and by striking ‘‘prisoner confined in

19 a jail, prison, or other correctional facility’’ and in20 serting ‘‘prisoner who is or has been confined in any

21 prison’’;

22 (3) in subsection (f)—

23 (A) in paragraph (1), by striking ‘‘action

24 brought with respect to prison conditions’’ and

25 inserting ‘‘civil action with respect to prison
746

•S 899 IS

1 conditions brought’’ and by striking ‘‘jail, pris2 on, or other correctional facility’’ and inserting

3 ‘‘prison’’; and

4 (B) in paragraph (2), by striking ‘‘facility’’

5 and inserting ‘‘prison’’; and

6 (4) by striking subsections (g) and (h) and in7 serting the following:

8 ‘‘(g) WAIVER OF RESPONSE.—Any defendant may

9 waive the right to respond to any complaint in any civil

10 action arising under Federal law brought by a prisoner.

11 Notwithstanding any other law or rule of procedure, such

12 waiver shall not constitute an admission of the allegations

13 contained in the complaint or waive any affirmative de14 fense available to the defendant. No relief shall be granted

15 to the plaintiff unless a response has been filed. The court

16 may direct any defendant to file a response to the cog17 nizable claims identified by the court. The court shall

18 specify as to each named defendant the applicable cog19 nizable claims.

20 ‘‘(h) DEFINITIONS.—In this section, the terms ‘civil

21 action with respect to prison conditions’, ‘prison’, and

22 ‘prisoner’ have the meanings given the terms in section

23 13(h).’’.
747

•S 899 IS

1 SEC. 6803. NOTICE OF MALICIOUS FILINGS.

2 (a) IN GENERAL.—Chapter 123 of title 28, United

3 States Code, is amended—

4 (1) in section 1915A(c)—

5 (A) by striking ‘‘(c) DEFINITION.—As

6 used in this section’’ and inserting the fol7 lowing:

8 ‘‘§ 1915C. Definition

9 ‘‘In sections 1915A and 1915B’’;

10 (B) by inserting ‘‘Federal, State, local, or

11 other’’ before ‘‘facility’’;

12 (C) by striking ‘‘violations’’ and inserting

13 ‘‘a violation’’;

14 (D) by striking ‘‘terms and conditions’’

15 and inserting ‘‘terms or conditions’’; and

16 (E) by inserting ‘‘or other post-conviction

17 conditional or supervised release,’’ after ‘‘proba18 tion,’’; and

19 (2) by inserting after section 1915A the fol20 lowing:

21 ‘‘§ 1915B. Notice to State authorities of finding of ma22 licious filing by a prisoner

23 ‘‘(a) FINDING.—In any civil action brought in Fed24 eral court by a prisoner (other than a prisoner confined

25 in a Federal correctional facility), the court may, on its
748

•S 899 IS

1 own motion or the motion of any adverse party, make a

2 finding whether—

3 ‘‘(1) the claim was filed for a malicious pur4 pose;

5 ‘‘(2) the claim was filed to harass the party

6 against which it was filed; or

7 ‘‘(3) the claimant testified falsely or otherwise

8 knowingly presented false allegations, pleadings, evi9 dence, or information to the court.

10 ‘‘(b) TRANSMISSION OF FINDING.—The court shall

11 transmit to the State Department of Corrections or other

12 appropriate authority any affirmative finding under sub13 section (a). If the court makes such a finding, the Depart14 ment of Corrections or other appropriate authority may,

15 pursuant to State or local law—

16 ‘‘(1) revoke such amount of good time credit or

17 the institutional equivalent accrued to the prisoner

18 as is deemed appropriate; or

19 ‘‘(2) consider such finding in determining

20 whether the prisoner should be released from prison

21 under any other State or local program governing

22 the release of prisoners, including parole, probation,

23 other post-conviction or supervised release, or diver24 sionary program.’’.
749

•S 899 IS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.—

2 The analysis for chapter 123 of title 28, United States

3 Code, is amended by inserting after the item relating to

4 section 1915A the following:

‘‘1915B. Notice to State authorities of finding of malicious filing by prisoner.

‘‘1915C. Definition.’’.

5 SEC. 6804. LIMITATION ON PRISONER RELEASE ORDERS.

6 (a) IN GENERAL—Chapter 99 of title 28, United

7 States Code, is amended by adding at the end the fol8 lowing:

9 ‘‘§ 1632. Limitation on prisoner release orders

10 ‘‘(a) IN GENERAL.—Notwithstanding section 13 of

11 the Civil Rights of Institutionalized Persons Act or any

12 other provision of law, in a civil action with respect to pris13 on conditions, no court of the United States or other court

14 defined under section 610 shall have jurisdiction to enter

15 or carry out any prisoner release order that would result

16 in the release from or nonadmission to a prison, on the

17 basis of prison conditions, of any person subject to incar18 ceration, detention, or admission to a facility because of—

19 ‘‘(1) a conviction of a felony under the laws of

20 the relevant jurisdiction; or

21 ‘‘(2) a violation of the terms or conditions of

22 parole, probation, pretrial release, or a diversionary

23 program, relating to the commission of a felony

24 under the laws of the relevant jurisdiction.
750

•S 899 IS

1 ‘‘(b) DEFINITIONS.—In this section—

2 ‘‘(1) the terms ‘civil action with respect to pris3 on conditions’, ‘prisoner’, ‘prisoner release order’,

4 and ‘prison’ have the meanings given those terms in

5 section 13(h) of the Civil Rights of Institutionalized

6 Persons Act; and

7 ‘‘(2) the term ‘prison conditions’ means condi8 tions of confinement or the effects of actions by gov9 ernment officials on the lives of persons confined in

10 prison.’’.

11 (b) TECHNICAL AND CONFORMING AMENDMENT.—

12 The analysis for chapter 99 of title 28, United States

13 Code, is amended by adding at the end the following:

‘‘1632. Limitation on prisoner release orders.’’.

14 TITLE VII—CRIMINAL LAW AND

15 PROCEDURAL IMPROVEMENTS

16 Subtitle A—Equal Protection for

17 Victims

18 SEC. 7101. RIGHT OF VICTIM TO IMPARTIAL JURY.

19 Rule 24(b) of the Federal Rules of Criminal Proce20 dure is amended by striking ‘‘the government is entitled

21 to 6 peremptory challenges and the defendant or defend22 ants jointly to 10 peremptory challenges’’ and inserting

23 ‘‘the government and the defendant (or defendants jointly)

24 are each entitled to 10 peremptory challenges’’.
751

•S 899 IS

1 SEC. 7102. JURY TRIAL IMPROVEMENTS.

2 (a) JURIES OF 6.—

3 (1) IN GENERAL.—Rule 23(b) of the Federal

4 Rules of Criminal Procedure is amended—

5 (A) by striking ‘‘JURY OF LESS THAN

6 TWELVE. JURIES’’ and inserting the following:

7 ‘‘(b) NUMBER OF JURORS.—

8 ‘‘(1) IN GENERAL.—Except as provided in sub9 section (2), juries’’; and

10 (B) by adding at the end the following:

11 ‘‘(2) JURIES OF 6.—Juries may be of 6 on re12 quest in writing by the defendant with the approval

13 of the court and the consent of the government.’’.

14 (2) ALTERNATE JURORS.—Rule 24(c) of the

15 Federal Rules of Criminal Procedure is amended—

16 (A) by striking ‘‘In a case’’ and inserting

17 the following:

18 ‘‘(1) IN GENERAL.—In a case’’; and

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

20 ‘‘(2) JURIES OF 6.—In the case of a jury of 6,

21 the court shall direct that not more than 3 jurors in

22 addition to the regular jury be called and impanelled

23 to sit as alternate jurors.’’.

24 (b) CAPITAL CASES.—Section 3593(b) of title 18,

25 United States Code, is amended—
752

•S 899 IS

1 (1) by redesignating paragraphs (1) and (2) as

2 subparagraphs (A) and (B), respectively, and indent3 ing appropriately;

4 (2) by redesignating subparagraphs (A) through

5 (D) as clauses (i) through (iv), respectively, and in6 denting appropriately;

7 (3) in the first sentence, by striking ‘‘If the at8 torney’’ and inserting the following:

9 ‘‘(1) IN GENERAL.—If the attorney’’;

10 (4) in the second sentence, by striking ‘‘The

11 hearing’’ and inserting the following:

12 ‘‘(2) TRIER OF FACT.—The hearing’’; and

13 (5) by striking the last sentence and inserting

14 the following:

15 ‘‘(3) JURY IMPANELLED FOR THE PURPOSE OF

16 THE HEARING.—

17 ‘‘(A) IN GENERAL.—A jury impanelled

18 under paragraph (2)(B) may be made of 6 on

19 request in writing by the defendant with the ap20 proval of the court and the consent of the gov21 ernment.

22 ‘‘(B) NO REQUEST FOR JURY OF 6.—If a

23 jury of 6 is not impanelled under subparagraph

24 (A), the jury shall be made of 12, unless, at any

25 time before the conclusion of the hearing, the
753

•S 899 IS

1 parties stipulate, with the approval of the court,

2 that the jury shall consist of a lesser number.’’.

3 SEC. 7103. REJOINDER TO ATTACKS ON THE CHARACTER

4 OF THE VICTIM BY ADMISSION OF EVIDENCE

5 OF THE CHARACTER OF THE ACCUSED.

6 Rule 404(a)(1) of the Federal Rules of Evidence is

7 amended by inserting before the semicolon at the end the

8 following: ‘‘, or, if an accused offers evidence of a pertinent

9 trait of character of the victim of the crime, evidence of

10 a pertinent trait of character of the accused offered by

11 the prosecution’’.

12 SEC. 7104. USE OF NOTICES OF RELEASE OF PRISONERS.

13 Section 4042(b) of title 18, United States Code, is

14 amended by striking paragraph (4).

15 SEC. 7105. BALANCE IN THE COMPOSITION OF RULES COM16 MITTEES.

17 Section 2073 of title 28, United States Code, is

18 amended—

19 (1) in subsection (a)(2), by adding at the end

20 the following: ‘‘On each such committee that makes

21 recommendations concerning rules that affect crimi22 nal cases (including recommendations relating to the

23 Federal Rules of Criminal Procedure, the Federal

24 Rules of Evidence, the Federal Rules of Appellate

25 Procedure, the Rules Governing Section 2254 Cases,
754

•S 899 IS

1 and the Rules Governing Section 2255 Cases), the

2 number of members who represent or supervise the

3 representation of defendants in the trial, direct re4 view, or collateral review of criminal cases shall not

5 exceed the number of members who represent or su6 pervise the representation of the Government or a

7 State in the trial, direct review, or collateral review

8 of criminal cases.’’; and

9 (2) in subsection (b), by adding at the end the

10 following: ‘‘The number of members of the standing

11 committee who represent or supervise the represen12 tation of defendants in the trial, direct review, or

13 collateral review of criminal cases shall not exceed

14 the number of members who represent or supervise

15 the representation of the Government or a State in

16 the trial, direct review, or collateral review of crimi17 nal cases.’’.

18 Subtitle B—Reform of Judicially

19 Created Exclusionary Rules

20 SEC. 7201. ENFORCEMENT OF CONFESSION REFORM STAT21 UTE.

22 (a) IN GENERAL.—Section 3501(e) of title 18,

23 United States Code, is amended—

24 (1) by striking ‘‘(e) As used in this section, the

25 term’’ and inserting the following:
755

•S 899 IS

1 ‘‘(e) DEFINITIONS.—In this section:

2 ‘‘(1) ANY CRIMINAL PROSECUTION BY THE

3 UNITED STATES.—The term ‘any criminal prosecu4 tion by the United States’ includes a prosecution by

5 the United States under the Uniform Code of Mili6 tary Justice.

7 ‘‘(2) CONFESSION.—The term’’; and

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

9 ‘‘(3) OFFENSE AGAINST THE LAWS OF THE

10 UNITED STATES.—The term ‘offense against the

11 laws of the United States’ includes an offense under

12 the punitive articles of the Uniform Code of Military

13 Justice (Subchapter X of chapter 47 of title 10).’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 subsection (a)—

16 (1) takes effect on the date of enactment of this

17 Act; and

18 (2) applies to any criminal prosecution brought

19 by or under the authority of the United States, in20 cluding a military prosecution or a prosecution

21 brought by the District of Columbia, regardless of

22 whether the prosecution was commenced before that

23 date if the prosecution did not become final before

24 that date.
756

•S 899 IS

1 SEC. 7202. CHALLENGES TO CONVICTION OR SENTENCE ON

2 THE BASIS OF VOLUNTARY CONFESSION.

3 (a) IN GENERAL.—Chapter 153 of title 28, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘§ 2255A. Challenges to conviction or sentence on the

7 basis of voluntary confession

8 ‘‘(a) DEFINITION OF CONFESSION.—In this section,

9 the term ‘confession’ has the meaning given the term in

10 section 3501(e) of title 18.

11 ‘‘(b) LIMITATION.—No writ of habeas corpus or other

12 post-conviction remedy under section 2241, 2244, 2254,

13 or 2255 or any other provision of Federal law shall lie

14 to challenge the custody or sentence of a person on the

15 ground that the custody or sentence of the person is the

16 result in whole or in part of the voluntary confession of

17 the person.

18 ‘‘(c) DETERMINATIONS REGARDING POST-CONVIC19 TION REMEDIES.—For purposes of subsection (a), in de20 termining whether a post-conviction remedy lies under a

21 provision of law described in subsection (b), and in deter22 mining whether any such remedy should be granted—

23 ‘‘(1) the court shall apply the standards set

24 forth in section 3501(b) of title 18; and

25 ‘‘(2) in applying the standards under paragraph

26 (1) in a case seeking a post-conviction remedy from
757

•S 899 IS

1 a State court conviction, the court shall apply the

2 standards set forth in section 2254(d).

3 ‘‘(d) NO EFFECT ON OTHER LAW.—Nothing in this

4 section modifies or otherwise affects any requirement

5 under Federal law relating to the obtaining or granting

6 of post-conviction relief.’’.

7 (b) CONFORMING AMENDMENT.—The chapter anal8 ysis for chapter 153 of title 28, United States Code, is

9 amended by adding at the end the following:

‘‘2255A. Challenges to conviction or sentence on the basis of voluntary confession.’’.

10 SEC. 7203. OBLIGATION OF ATTORNEYS FOR THE UNITED

11 STATES TO PRESENT CERTAIN ARGUMENTS.

12 Section 518 of title 28, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(c) VOLUNTARY CONFESSIONS.—

15 ‘‘(1) DEFINITION OF CONFESSION.—In this

16 subsection, the term ‘confession’ has the meaning

17 given the term in section 3501(e) of title 18.

18 ‘‘(2) IN GENERAL.—When, in any Federal

19 criminal prosecution, the defendant seeks to sup20 press or to exclude from evidence the defendant’s

21 own voluntary confession, the attorney for the

22 United States shall seek the admission of the confes23 sion into evidence under section 3501(a) of title 18.
758

•S 899 IS

1 ‘‘(3) APPEAL.—In any appeal from a ruling ad2 mitting or suppressing a defendant’s voluntary con3 fession, the attorney for the United States shall

4 argue that section 3501(a) of title 18 requires the

5 admission of the confession or forbids its suppres6 sion.’’.

7 SEC. 7204. ADMISSIBILITY OF VOLUNTARY CONFESSIONS IN

8 STATE COURT PROCEEDINGS.

9 (a) DEFINITION OF CONFESSION.—In this section,

10 the term ‘‘confession’’ has the meaning given the term in

11 section 3501(e) of title 18, United States Code.

12 (b) ADMISSIBILITY.—Federal law shall not bar the

13 admission into evidence in State court of the voluntary

14 confession of any defendant in the criminal prosecution

15 of that defendant if—

16 (1) the prosecuting authority does not seek ad17 mission of the confession to establish its case in

18 chief; or

19 (2) the confession was obtained by interrogation

20 reasonably prompted by a concern for public safety.

21 (c) STANDARDS.—For purposes of this section, the

22 standards specified in section 3501(b) of title 18, United

23 States Code, shall govern whether a confession is vol24 untary.
759

•S 899 IS

1 (d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion requires the exclusion from evidence of a voluntary

3 confession under circumstances not described in sub4 section (b).

5 SEC. 7205. NO POLICE OFFICER LIABILITY FOR SEEKING

6 OR OBTAINING VOLUNTARY CONFESSION.

7 (a) DEFINITION OF CONFESSION.—In this section,

8 the term ‘‘confession’’ has the meaning given the term in

9 section 3501(e) of title 18, United States Code.

10 (b) NO LIABILITY.—The act of a person acting under

11 color of any statute, ordinance, regulation, custom, or

12 usage of the United States or of any State or territory

13 or the District of Columbia in seeking or obtaining the

14 voluntary confession of another person shall not, by itself

15 and in the absence of any other act that violates a person’s

16 right under the Constitution, give rise to any liability of

17 the person in an action under section 1979 of the Revised

18 Statutes (42 U.S.C. 1983) or any other Federal law.

19 (c) STANDARDS.—For purposes of this section, the

20 standards specified in section 3501(b) of title 18, United

21 States Code, shall govern whether a confession is vol22 untary.
760

•S 899 IS

1 SEC. 7206. ADMISSIBILITY OF EVIDENCE OBTAINED BY

2 SEARCH OR SEIZURE.

3 (a) IN GENERAL.—Chapter 223 of title 18, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘§ 3510. Admissibility of evidence obtained by search

7 or seizure

8 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA9 SONABLE SEARCH OR SEIZURE.—

10 ‘‘(1) IN GENERAL.—Evidence that is obtained

11 as a result of a search or seizure shall not be ex12 cluded in a proceeding in a court of the United

13 States on the ground that the search or seizure was

14 in violation of the fourth amendment to the Con15 stitution if the search or seizure was carried out in

16 circumstances justifying an objectively reasonable

17 belief that the search or seizure was in conformity

18 with the fourth amendment.

19 ‘‘(2) PRIMA FACIE EVIDENCE.—That evidence

20 was obtained pursuant to and within the scope of a

21 warrant constitutes prima facie evidence of the exist22 ence of circumstances justifying an objectively rea23 sonable belief that a search or seizure was in con24 formity with the fourth amendment.

25 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

26 RULE.—
761

•S 899 IS

1 ‘‘(1) IN GENERAL.—Evidence shall not be ex2 cluded in a proceeding in a court of the United

3 States on the ground that the evidence was obtained

4 in violation of a statute, an administrative rule or

5 regulation, or a rule of procedure unless the exclu6 sion is expressly authorized by statute or by a rule

7 prescribed by the Supreme Court pursuant to statu8 tory authority.

9 ‘‘(2) SPECIAL RULE RELATING TO OBJECTIVELY

10 REASONABLE SEARCHES AND SEIZURES.—Evidence

11 that, but for this paragraph, is excludable under

12 paragraph (1) shall not be excluded if the search or

13 seizure was carried out in circumstances justifying

14 an objectively reasonable belief that the search or

15 seizure was in conformity with the statute, adminis16 trative rule or regulation, or rule of procedure the

17 violation of which occasioned its being excludable.’’.

18 (b) RULE OF CONSTRUCTION.—The amendment

19 made by subsection (a) does not require or authorize the

20 exclusion of evidence in any proceeding.

21 (c) CONFORMING AMENDMENT.—The analysis for

22 chapter 223 of title 18, United States Code, is amended

23 by adding at the end the following:

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.
762

•S 899 IS

1 SEC. 7207. LAURIE SHOW VICTIM PROTECTION (RETRIAL IN

2 STATE COURT OF PERSONS THAT FILE AN AP3 PLICATION FOR WRIT OF HABEAS CORPUS).

4 Section 2254 of title 28, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(j) RETRIAL IN STATE COURT.—No Federal court

7 shall bar the retrial in State court of a person that files

8 an application for a writ of habeas corpus.’’.

9 Subtitle C—Federal Law

10 Enforcement Improvements

11 CHAPTER 1—GENERAL PROVISIONS

12 SEC. 7301. AMENDMENTS RELATING TO VIOLENCE IN IN13 DIAN COUNTRY.

14 (a) Section 113(a)(3) of title 18, United States Code,

15 is amended by striking ‘‘with intent to do bodily harm,

16 and’’.

17 (b) Section 1961(1)(A) of title 18, United States

18 Code, is amended by inserting ‘‘or would have been so

19 chargeable except that the act or threat was committed

20 in Indian country, as defined in section 1151, or in any

21 other area of exclusive Federal jurisdiction’’ after ‘‘charge22 able under State law’’.

23 (c) Section 1112(b) of title 18, United States Code,

24 is amended by striking ‘‘ten years’’ and inserting ‘‘twenty

25 years’’.
763

•S 899 IS

1 (d) Section 1153(a) of title 18, United States Code,

2 is amended by inserting ‘‘an offense for which the max3 imum statutory term of imprisonment under section 1363

4 is greater than five years,’’ after ‘‘a felony under chapter

5 109A,’’.

6 (e) Section 1163 of title 18, United States Code, is

7 amended in the second paragraph by striking ‘‘so’’.

8 SEC. 7302. AMENDMENTS TO ANTI-TERRORISM STATUTES.

9 (a) Section 178 of title 18, United States Code, is

10 amended—

11 (1) in paragraph (1), by striking ‘‘means any

12 microorganism, virus, or infectious substance, or bio13 logical product that may be engineered as a result

14 of biotechnology or any naturally occurring or bio15 engineered component of any such microorganism,

16 virus, infectious substance, or biological product’’

17 and inserting the following: ‘‘means any microorga18 nism (including, but not limited to, bacteria, viruses,

19 fungi, rickettsiae or protozoa), or infectious sub20 stance, or any naturally occurring, bioengineered or

21 synthesized component of any such microorganism

22 or infectious substance’’;

23 (2) in paragraph (2), by striking ‘‘means the

24 toxic material of plants, animals, microorganisms, vi25 ruses, fungi, or infectious substances, or a recom-
764

•S 899 IS

1 binant molecule, whatever its origin or method of

2 production, including’’ and inserting the following:

3 ‘‘means the toxic material or product of plants, ani4 mals, microorganisms (including, but not limited to,

5 bacteria, viruses, fungi, rickettsiae or protozoa), or

6 infectious substances, or a recombinant or syn7 thesized molecule, whatever their origin and method

8 of production, and includes’’; and

9 (3) in paragraph (4), by striking ‘‘recombinant

10 molecule, or biological product that may be engi11 neered as a result of biotechnology’’ and inserting

12 ‘‘recombinant or synthesized molecule’’.

13 (b) Section 2332a of title 18, United States Code,

14 is amended—

15 (1) in subsection (a), by striking ‘‘, including

16 any biological agent, toxin, or vector (as those terms

17 are defined in section 178)’’; and

18 (2) in subparagraph (c)(2)(C), by striking ‘‘a

19 disease organism’’ and inserting ‘‘any biological

20 agent, toxin, or vector (as those terms are defined

21 in section 178 of this title)’’.

22 SEC. 7303. VIOLENT CRIMES IN AID OF RACKETEERING AC23 TIVITY.

24 Section 1959 of title 18, United States Code, is

25 amended—
765

•S 899 IS

1 (1) in subsection (a)—

2 (A) in paragraph (5), by striking ‘‘ten’’

3 and inserting ‘‘twenty’’; and

4 (B) in paragraph (6), by striking ‘‘three’’

5 and inserting ‘‘ten’’; and

6 (2) in subsection (b)—

7 (A) by striking ‘‘and’’ after paragraph (1);

8 (B) by striking the period and inserting ‘‘;

9 and’’ at the end of paragraph (2); and

10 (C) by adding at the end the following new

11 paragraph (3):

12 ‘‘(3) ‘serious bodily injury’ has the meaning

13 given the term in section 2119.’’.

14 SEC. 7304. CONFORMING AMENDMENT TO RETURN SEC15 TION 115 TO THE SAME SCOPE AS SECTION

16 1114.

17 Section 115(a) of title 18, United States Code, is

18 amended—

19 (1) in paragraph (1)(A), by striking ‘‘an official

20 whose killing would be a crime under section 1114

21 of this title’’ and inserting ‘‘an officer or employee

22 whose killing would be a crime under section 1114’’;

23 (2) in paragraph (1)(B), by striking ‘‘an official

24 whose killing would be a crime under such section’’
766

•S 899 IS

1 and inserting ‘‘an officer or employee described in

2 section 1114’’; and

3 (3) in paragraph (1), by striking ‘‘such official,

4 judge, or law enforcement officer’’ each place it ap5 pears and inserting ‘‘such official, judge, law en6 forcement officer, or officer or employee’’.

7 SEC. 7305. ELIMINATION OF REDUNDANT PENALTY FOR

8 KILLING IN THE COURSE OF A BANK ROB9 BERY.

10 Section 2113(e) of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘kills any person, or forces’’ and

13 inserting ‘‘(i) forces’’; and

14 (2) by inserting ‘‘(ii)’’ before ‘‘if death results’’.

15 SEC. 7306. ELIMINATION OF UNJUSTIFIED SCIENTER ELE16 MENT FOR CARJACKING.

17 Section 2119 of title 18, United States Code, is

18 amended by striking ‘‘, with the intent to cause death or

19 serious bodily harm’’.

20 SEC. 7307. OFFENSES COMMITTED OUTSIDE THE UNITED

21 STATES BY PERSONS ACCOMPANYING THE

22 ARMED FORCES.

23 (a) IN GENERAL.—Title 18, United States Code, is

24 amended by inserting after chapter 211 the following:
767

•S 899 IS

1 ‘‘CHAPTER 212—CRIMINAL OFFENSES

2 COMMITTED OUTSIDE THE UNITED

3 STATES

‘‘Sec.

‘‘3261. Criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the armed forces outside

the United States.

‘‘3262. Delivery to authorities of foreign countries.

‘‘3263. Regulations.

‘‘3264. Employment by the Armed Forces outside the United 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) OFFENSE.—A person who, while serving with,

9 employed by, or accompanying the Armed Forces outside

10 the United States, engages in conduct which would con11 stitute an offense punishable by imprisonment for more

12 than 1 year if the conduct had been engaged in within

13 the special maritime and territorial jurisdiction of the

14 United States, shall be guilty of a like offense and subject

15 to a like punishment.

16 ‘‘(b) CONCURRENT JURISDICTION.—Nothing in this

17 chapter deprives courts-martial, military commissions,

18 provost courts, or other military tribunals of concurrent

19 jurisdiction with respect to offenders or offenses that by

20 statute or by the law of war may be tried by courts-mar-
768

•S 899 IS

1 tial, military commissions, provost courts, or other mili2 tary tribunals.

3 ‘‘(c) PROSECUTION BY A FOREIGN GOVERNMENT.—

4 No prosecution of a person may be commenced under this

5 section if a foreign government, in accordance with juris6 diction recognized by the United States, has prosecuted

7 or is prosecuting the person for the conduct constituting

8 such offense, except upon the approval of the Attorney

9 General of the United States or the Deputy Attorney Gen10 eral of the United States (or a person acting in either such

11 capacity), which function of approval may not be dele12 gated.

13 ‘‘(d) ARRESTS.—

14 ‘‘(1) IN GENERAL.—The Secretary of Defense

15 and the Secretary of Transportation may designate

16 and authorize any person serving in a law enforce17 ment position in the Department of Defense, or the

18 Department of Transportation when the Coast

19 Guard is not operating as part of the Navy, to ar20 rest outside the United States any person described

21 in subsection (a) who there is probable cause to be22 lieve engaged in conduct that constitutes a criminal

23 offense under that section.

24 ‘‘(2) RELEASE.—A person arrested under para25 graph (1) shall be released to the custody of civilian
769

•S 899 IS

1 law enforcement authorities of the United States for

2 removal to the United States for judicial proceedings

3 in relation to conduct described in that paragraph

4 unless—

5 ‘‘(A) the person is delivered to authorities

6 of a foreign country under section 3262; or

7 ‘‘(B) charges are preferred against the per8 son under chapter 47 of title 10 for the con9 duct.

10 ‘‘§ 3262. Delivery to authorities of foreign countries

11 ‘‘(a) IN GENERAL.—A person in the custody of the

12 United States for an alleged violation of section 3261(a)

13 may be delivered to the appropriate authorities of a for14 eign country in which the person is alleged to have en15 gaged in conduct described in such subsection (a) of this

16 section if—

17 ‘‘(1) the appropriate authorities of that country

18 request the delivery of the person to such country

19 for trial for such conduct as an offense under the

20 laws of that country; and

21 ‘‘(2) the delivery of such person to that country

22 is authorized by a treaty or other international

23 agreement to which the United States is a party.

24 ‘‘(b) DETERMINATION.—The Secretary of Defense, in

25 consultation with the Secretary of State, shall determine
770

•S 899 IS

1 what officials of a foreign country constitute appropriate

2 authorities for the purpose of this section.

3 ‘‘§ 3263. Regulations

4 ‘‘The Secretary of Defense and the Commandant of

5 the Coast Guard, in consultation with the Secretary of

6 State, shall each issue regulations governing the apprehen7 sion, detention, and removal of persons under this chapter

8 for their respective agencies. The regulations shall be uni9 form throughout the Department of Defense.

10 ‘‘§ 3264. Employment by the Armed Forces or Accom11 panying the Armed Forces outside the

12 United States

13 ‘‘For the purposes of this chapter—

14 ‘‘(1) a person shall be considered to be em15 ployed by the Armed Forces outside the United

16 States if the person—

17 ‘‘(A) is employed as a civilian employee of

18 a military department or of the Department of

19 Defense, as a Department of Defense con20 tractor, or as an employee of a Department of

21 Defense contractor;

22 ‘‘(B) is present or residing outside the

23 United States in connection with such employ24 ment; and
771

•S 899 IS

1 ‘‘(C) is not a national of the host nation;

2 and

3 ‘‘(2) a person shall be considered to be accom4 panying the Armed Forces outside the United States

5 if the person—

6 ‘‘(A) is a dependent of a member of the

7 armed forces or of a civilian employee of a mili8 tary department or of the Department of De9 fense;

10 ‘‘(B) is residing with the member or civil11 ian employee outside the United States; and

12 ‘‘(C) is not a national of the host nation.’’.

13 (b) CONFORMING AMENDMENT.—The analysis for

14 part II of title 18, United States Code, is amended by

15 inserting after the item relating to chapter 211 the fol16 lowing:

‘‘212. Criminal Offenses Committed Outside the United

States .......................................................................... 3261’’.

17 SEC. 7308. ADDITION OF ATTEMPT COVERAGE FOR INTER18 STATE DOMESTIC VIOLENCE OFFENSE.

19 Section 2261(a) of title 18, United States Code, is

20 amended—

21 (1) in paragraph (1), by inserting ‘‘or attempts

22 to do so,’’ after ‘‘thereby causes bodily injury to

23 such spouse or intimate partner,’’; and
772

•S 899 IS

1 (2) in paragraph (2), by inserting ‘‘or attempts

2 to do so,’’ after ‘‘thereby causes bodily injury to the

3 person’s spouse or intimate partner,’’.

4 SEC. 7309. CLARIFICATION OF INTERSTATE THREAT STAT5 UTE.

6 Subsections (b) and (c) of section 875 of title 18,

7 United States Code, and the second and third undesig8 nated paragraphs of sections 876 and 877 of title 18,

9 United States Code, are amended by striking ‘‘any threat

10 to injure’’ and inserting ‘‘any threat to kill or injure’’.

11 SEC. 7310. STATUS KILLINGS OF FEDERAL EMPLOYEES AND

12 CONSOLIDATION OF 18 U.S.C. 1114 AND 1121.

13 Section 1114 of title 18, United States Code, is

14 amended—

15 (1) by inserting ‘‘or because of the status of the

16 victim as such an officer or employee,’’ after ‘‘on ac17 count of the performance of official duties,’’; and

18 (2) by inserting ‘‘or, if the person assisting is

19 an officer or employee of a State, local or Indian

20 tribal government, because of the status of the vic21 tim as such an officer or employee,’’ after ‘‘on ac22 count of that assistance,’’.
773

•S 899 IS

1 SEC. 7311. AMENDMENTS OF DRIVE-BY SHOOTING STAT2 UTE.

3 (a) Section 36 of title 18, United States Code, is

4 amended—

5 (1) by amending the title to read ‘‘Shooting

6 into a group in furtherance of a major drug of7 fense’’;

8 (2) in paragraph (a)(1), by striking ‘‘punishable

9 under section 408(c) of the Controlled Substances

10 Act (21 U.S.C. 848(c))’’ and inserting ‘‘punishable

11 under section 408(a) of the Controlled Substances

12 Act (21 U.S.C. 848(a))’’;

13 (3) in paragraphs (b)(1) and (b)(2), by striking

14 ‘‘with the intent to intimidate,’’ and inserting ‘‘with

15 the intent to kill, intimidate,’’.

16 (b) The table of sections for chapter 2 of title 18,

17 United States Code, is amended by striking ‘‘Drive-by

18 shooting’’ and inserting ‘‘Shooting into a group in further19 ance of a major drug offense’’.

20 SEC. 7312. THREATS AGAINST FORMER PRESIDENTS AND

21 OTHERS ELIGIBLE FOR SECRET SERVICE

22 PROTECTION.

23 Section 879 of title 18, United States Code, is

24 amended to read as follows:
774

•S 899 IS

1 ‘‘§ 879. Threats against former Presidents and others

2 eligible for Secret Service Protection

3 ‘‘(a) DEFINITIONS.—In this section:

4 ‘‘(1) IMMEDIATE FAMILY.—The term ‘‘imme5 diate family’’ means a person to whom the Presi6 dent, President-elect, former President, Vice Presi7 dent, or Vice President-elect, former Vice President

8 or major candidate for the office of President or

9 Vice President—

10 ‘‘(A) is related by blood, marriage, or

11 adoption; or

12 ‘‘(B) stands in loco parentis.

13 ‘‘(2) MAJOR CANDIDATE FOR THE OFFICE OF

14 PRESIDENT OR VICE PRESIDENT.—The term ‘‘major

15 candidate for the office of President or Vice Presi16 dent’’ means a candidate referred to in subsection

17 (a)(7) of section 3056 of this title.

18 ‘‘(3) PRESIDENT-ELECT; VICE PRESIDENT19 ELECT.—The terms ‘‘President-elect’’ and ‘‘Vice

20 President-elect’’ have the meanings given those

21 terms in section 871(b) of this title.

22 ‘‘(b) Whoever knowingly and willfully threatens to

23 kill, kidnap, or inflict bodily harm upon—

24 ‘‘(1) a former President, a former Vice Presi25 dent, the spouse of a former President or former

26 Vice President during the former President or
775

•S 899 IS

1 former Vice President’s lifetime, or the widow or

2 widower of a former President or former Vice Presi3 dent until their death or remarriage;

4 ‘‘(2) a member of the immediate family of the

5 President, the President-elect, a former President,

6 the Vice President, the Vice President-elect, or a

7 former Vice President;

8 ‘‘(3) a major candidate for the office of Presi9 dent or Vice President, or the spouse or a member

10 of the immediate family of such candidate; or

11 ‘‘(4) any other person who is protected pursu12 ant to section 3056(a) (5) and (6) of this title;

13 shall be fined under this title or imprisoned not more than

14 three years, or both.’’.

15 SEC. 7313. PROTECTION OF THE OLYMPICS.

16 (a) IN GENERAL.—Section 1111 of title 18, United

17 States Code, is amended by adding at the end the fol18 lowing:

19 ‘‘(c) OLYMPIC GAMES.—

20 ‘‘(1) STATE DEFINED.—In this subsection, the

21 term ‘State’ means a State, the District of Colum22 bia, and any territory or possession of the United

23 States.

24 ‘‘(2) OFFENSE.—A person that kills a person

25 during and in relation to any international Olympic
776

•S 899 IS

1 Games that are held within any State shall be pun2 ished in accordance with subsection (b) and section

3 1112.

4 ‘‘(3) ATTEMPTED OFFENSE.—A person that at5 tempts to violate this subsection shall be punished in

6 accordance with section 1113.’’.

7 (b) INTERNATIONALLY PROTECTED PERSONS.—Sec8 tion 1116 (b)(4) of title 18, United States Code, is

9 amended—

10 (1) in subparagraph (A), by striking ‘‘or’’ at

11 the end;

12 (2) in subparagraph (B), by striking the period

13 at the end and inserting ‘‘; or’’; and

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

15 ‘‘(C) any participant or guest attending

16 any international sporting event sponsored or

17 sanctioned by the International Olympic Com18 mittee or the United States Olympic Committee

19 incorporated under chapter 2205 of title 36,

20 United States Code.’’.

21 SEC. 7314. AMENDMENTS TO SENTENCING GUIDELINES.

22 (a) IN GENERAL.—In the exercise of its authority

23 under section 994 of title 28, United States Code, the

24 United States Sentencing Commission shall amend the

25 Federal sentencing guidelines to include the following:
777

•S 899 IS

1 (1) EFFECT OF POST-OFFENSE REHABILITA2 TION.—

3 ‘‘§ 5H1.13. Post-offense rehabilitation.

4 ‘‘Post-offense rehabilitation or any similar under5 taking by the defendant shall not be a ground for imposing

6 a sentencing outside the applicable guidelines range, ex7 cept in a case in which the defendant initiates substantial

8 steps toward rehabilitation before the defendant has rea9 son to believe that law enforcement authorities have

10 learned of the defendant’s offense.’’.

11 (2) EFFECT OF PROSECUTORIAL DISCRE12 TION.—

13 ‘‘§ 5H1.14. Pleas bargaining and other prosecutorial

14 policies.

15 ‘‘Plea bargaining and other prosecutorial policies,

16 and differences in those policies among different districts,

17 are not a ground for imposing a sentence outside the ap18 plicable guidelines range.’’.

19 SEC. 7315. BOMB HOAX STATUTE.

20 Section 35(a) of title 18 United States Code, in

21 amended by striking ‘‘$1,000’’ and inserting ‘‘$25,000’’.

22 SEC. 7316. TECHNICAL AMENDMENTS RELATING TO CRIMI23 NAL LAW AND PROCEDURE.

24 (a) MISSING AND INCORRECT WORDS.—
778

•S 899 IS

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 a sale of property

9 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) CORRECTION OF ERRONEOUS AMENDATORY

16 LANGUAGE ON EXECUTED AMENDMENT.—Effective

17 on the date of enactment of Public Law 103–322,

18 section 60003(a)(13) of Public Law 103–322 is

19 amended by striking ‘‘$1,000,000 or imprisonment’’

20 and inserting ‘‘$1,000,000 and imprisonment’’.

21 (5) INSERTION OF MISSING WORDS.—

22 (A) SECTION 3286.—Section 3286 of title

23 18, United States Code, is amended by insert24 ing ‘‘section’’ before ‘‘2332b’’.
779

•S 899 IS

1 (B) SECTION 3553.—Section 3553(e) of

2 title 18, United States Code, is amended by in3 serting ‘‘a’’ before ‘‘minimum’’.

4 (6) CORRECTION OF REFERENCE TO SHORT

5 TITLE OF LAW.—Section 2332d(a) of title 18,

6 United States Code, is amended by inserting ‘‘of

7 1979’’ after ‘‘Export Administration Act’’.

8 (7) CORRECTION OF MISSPELLED WORD.—Sec9 tion 1992(b) of title 18, United States Code, is

10 amended by striking ‘‘term or years’’ and inserting

11 ‘‘term of years’’.

12 (8) SPELLING CORRECTION.—Section 2339A(a)

13 of title 18, United States Code, is amended by strik14 ing ‘‘or an escape’’ and inserting ‘‘of an escape’’.

15 (9) MISPLACED WORDS IN STATEMENT OF PEN16 ALTY.—Section 2251(d) of title 18, United States

17 Code, is amended in the first sentence by striking

18 ‘‘or imprisoned not less than 10 years nor more than

19 20 years, and both’’ and inserting ‘‘, imprisoned not

20 less than 10 nor more than 20 years, or both’’.

21 (b) PUNCTUATION AND SIMILAR ERRORS.—

22 (1) CAPITALIZATION IN LANGUAGE TO BE

23 STRICKEN.—Effective on the date of its enactment,

24 section 607(g)(2) of the Economic Espionage Act of
780

•S 899 IS

1 1996 is amended by striking ‘‘territory’’ and insert2 ing ‘‘Territory’’.

3 (2) PARAGRAPHING.—Section 521(a) of title

4 18, United States Code, is amended—

5 (A) by inserting before the first undesig6 nated paragraph the following:

7 ‘‘In this section:’’; and

8 (B) in the third undesignated paragraph,

9 by striking ‘‘State means’’ and inserting the fol10 lowing:

11 ‘‘State means’’.

12 (3) SUBSECTION PLACEMENT CORRECTION.—

13 Section 1513 of title 18, United States Code, is

14 amended by transferring subsection (d) so that it

15 appears following subsection (c).

16 (4) INSERTION OF PARENTHETICAL DESCRIP17 TIONS.—Section 2332b(g)(5) of title 18, United

18 States Code, is amended—

19 (A) by inserting ‘‘(relating to certain

20 killings in Federal facilities)’’ after ‘‘930(c)’’;

21 and

22 (B) by inserting ‘‘(relating to wrecking

23 trains)’’ after ‘‘1992’’.
781

•S 899 IS

1 (5) CORRECTION TO ALLOW FOR INSERTION OF

2 NEW SUBPARAGRAPH.—Section 1956(c)(7) of title

3 18, United States Code, is amended—

4 (A) in subparagraph (D), by striking ‘‘or’’

5 at the end;

6 (B) in subparagraph (E), by striking the

7 period at the end and inserting ‘‘; or’’; and

8 (C) in subparagraph (F), by striking

9 ‘‘Any’’ and inserting ‘‘any’’.

10 CHAPTER 2—PROFESSIONAL STANDARDS

11 FOR FEDERAL PROSECUTORS

12 SEC. 7321. ETHICAL STANDARDS FOR FEDERAL PROSECU13 TORS.

14 (a) AMENDMENTS TO TITLE 28, UNITED STATES

15 CODE.—

16 (1) GENERAL.—Section 530B of title 28,

17 United States Code, is amended to read as follows:

18 ‘‘§ 530B. Ethical standards for Federal prosecutors

19 ‘‘(a) DEFINITION OF FEDERAL PROSECUTOR.—In

20 this section, the term ‘Federal prosecutor’ means an attor21 ney employed by the Department of Justice who is directly

22 engaged in the prosecution of violations of Federal civil

23 or criminal law.

24 ‘‘(b) SUBJECTION TO STATE LAW.—Except as pro25 vided in subsection (c), a Federal prosecutor shall be sub-
782

•S 899 IS

1 ject to all laws and rules governing ethical conduct of at2 torneys of the State in which the Federal prosecutor is

3 licensed as an attorney.

4 ‘‘(c) EXCEPTION.—A Federal prosecutor shall not be

5 subject to a State law or rule governing ethical conduct

6 of attorneys to the extent that the State law or rule—

7 ‘‘(1) is inconsistent with Federal law; or

8 ‘‘(2) interferes with the effectuation of Federal

9 law.’’.

10 (2) TECHNICAL AND CONFORMING AMEND11 MENT.—The analysis for chapter 31 of title 28,

12 United States Code, is amended by striking the item

13 for section 530B and inserting the following:

‘‘530B. Ethical standards for Federal prosecutors.’’.

14 (3) REGULATIONS.—Not later than 90 days

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

16 General shall promulgate such regulations as are

17 necessary to carry out section 530B of title 28,

18 United States Code, as added by paragraph (1).

19 (b) PROHIBITED CONDUCT FOR DEPARTMENT OF

20 JUSTICE EMPLOYEES.—

21 (1) IN GENERAL.—The Attorney General shall

22 establish by rule that it shall be punishable conduct

23 for any officer or employee of the Department of

24 Justice, in the discharge of his or her official duties,

25 intentionally to—
783

•S 899 IS

1 (A) seek the indictment of any person in

2 the absence of a reasonable belief of probable

3 cause, as prohibited by the Principles of Fed4 eral Prosecution, United States Attorneys’

5 Manual 9–27.200 et seq.;

6 (B) fail to disclose exculpatory evidence to

7 the defense, in violation of his or her obligations

8 under Brady v. Maryland (373 U.S. 83

9 (1963));

10 (C) mislead a court as to the guilt of any

11 person by knowingly making a false statement

12 of material fact or law;

13 (D) offer evidence known to be false;

14 (E) alter evidence in violation of section

15 1512 of title 18, United States Code;

16 (F) attempt to corruptly influence or color

17 a witness’s testimony with the intent to encour18 age untruthful testimony, in violation of section

19 1503 or 1512 of title 18, United States Code;

20 (G) violate a defendant’s right to discovery

21 under Rule 16(a) of the Federal Rules of

22 Criminal Procedure;

23 (H) offer or provide sexual activities to any

24 government witness or potential witness in ex-
784

•S 899 IS

1 change for or on account of his or her testi2 mony; or

3 (I) improperly disseminate confidential,

4 non-public information to any person during an

5 investigation or trial, in violation of—

6 (i) section 50.2 of title 28, Code of

7 Federal Regulations;

8 (ii) rule 6(e) of the Federal Rules of

9 Criminal Procedure;

10 (iii) subsection (b) or (c) of section

11 2232 of title 18, United States Code;

12 (iv) section 6103 of the Internal Rev13 enue Code of 1986; or

14 (v) United States Attorneys’ Manual

15 1–7.000 et seq.

16 (2) PENALTIES.—The Attorney General shall

17 establish a range of penalties for engaging in con18 duct prohibited under paragraph (1), which shall

19 include—

20 (A) reprimand;

21 (B) demotion;

22 (C) dismissal;

23 (D) suspension from employment;

24 (E) referral of ethical charges to the bar;

25 and
785

•S 899 IS

1 (F) referral of evidence related to the con2 duct, if appropriate, to a grand jury for possible

3 criminal prosecution.

4 (3) SUBSTANTIVE RIGHTS.—Nothing in para5 graph (1)—

6 (A) establishes any substantive right on

7 behalf of a criminal defendant, civil litigant,

8 target or subject of an investigation, witness,

9 counsel for a represented party or parties, or

10 any other person; or

11 (B) provides a basis for—

12 (i) dismissing any criminal or civil

13 charge or proceeding against any person in

14 any court of the United States; or

15 (ii) excluding relevant evidence in any

16 proceeding in any court of the United

17 States.

18 (c) ANNUAL REPORT.—

19 (1) IN GENERAL.—On June 1 of each year, the

20 Attorney General shall submit to the Committee on

21 the Judiciary and the Committee on Appropriations

22 of the Senate and the Committee on the Judiciary

23 and the Committee on Appropriations of the House

24 of Representatives a report on the activities and op25 erations of the Office of Professional Responsibility
786

•S 899 IS

1 of the Department of Justice during the fiscal year

2 that ended on September 30 of the preceding year.

3 (2) ELEMENTS OF REPORT.—A report under

4 paragraph (1) shall—

5 (A) include the number, type, and disposi6 tion of all investigations conducted or super7 vised by the Office of Professional Responsi8 bility; and

9 (B) include a summary of the findings of

10 each investigation in which the Department of

11 Justice found that an officer or employee of the

12 Department of Justice—

13 (i) engaged in willful misconduct; or

14 (ii) committed a willful violation of

15 subsection (b)(1).

16 (3) CONFIDENTIALITY.—A report under para17 graph (1) shall be confidential and shall not disclose

18 information that would interfere with any pending

19 investigation or improperly infringe on the privacy

20 rights of any individual.

21 (d) COMMISSION ON FEDERAL PROSECUTORIAL CON22 DUCT.—

23 (1) ESTABLISHMENT AND FUNCTIONS OF COM24 MISSION.—
787

•S 899 IS

1 (A) ESTABLISHMENT.—There is estab2 lished a Commission on Federal Prosecutorial

3 Conduct (referred to in this subsection as the

4 ‘‘Commission’’).

5 (B) FUNCTIONS.—The functions of the

6 Commission shall be to—

7 (i) conduct a review regarding—

8 (I) whether there are specific

9 Federal duties related to investigation

10 and prosecution of violations of Fed11 eral law which are incompatible with

12 the regulation of the conduct of Fed13 eral prosecutors (as that term is de14 fined in section 530B of title 28,

15 United States Code) by any State law

16 or rule governing ethical conduct of

17 attorneys; and

18 (II) the procedures utilized by

19 the Department of Justice to inves20 tigate and punish inappropriate con21 duct by Federal prosecutors; and

22 (ii) not later than 12 months after the

23 date on which the members of the Commis24 sion are appointed under paragraph

25 (2)(B), submit to the Attorney General a
788

•S 899 IS

1 report concerning the review under clause

2 (i), including any recommendations of the

3 Commission relating to the matters re4 viewed under clause (i).

5 (C) CONSULTATION.—In carrying out sub6 paragraph (B), the Commission shall consult

7 with the Attorney General, the Chairmen and

8 Ranking Members of the Committees on the

9 Judiciary of the House of Representatives and

10 the Senate, the American Bar Association and

11 other organizations of attorneys, representatives

12 of Federal, State, and local law enforcement

13 agencies, and Federal and State courts.

14 (2) MEMBERSHIP.—

15 (A) IN GENERAL.—The Commission shall

16 be composed of 7 members, each of whom—

17 (i) shall be appointed by the Chief

18 Justice of the United States, after con19 sultation with the Chairmen and Ranking

20 Members of the Committees on the Judici21 ary of the House of Representatives and

22 the Senate, and representatives of judges,

23 prosecutors, defense attorneys, law enforce24 ment officials, victims of crime, and others
789

•S 899 IS

1 interested in the criminal justice process;

2 and

3 (ii) shall be a judge of the United

4 States (as defined in section 451 of title

5 28, United States Code).

6 (B) APPOINTMENT.—The members of the

7 Commission shall be appointed not later than

8 30 days after the date of enactment of this Act.

9 (C) VACANCY.—Any vacancy in the Com10 mission shall be filled in the same manner as

11 the original appointment.

12 (D) CHAIRPERSON.—The Commission

13 shall elect a chairperson and vice chairperson

14 from among its members.

15 (E) QUORUM.—Four members of the Com16 mission shall constitute a quorum, but 2 mem17 bers may conduct hearings.

18 (3) COMPENSATION.—Members of the Commis19 sion who are officers, or full-time employees, of the

20 United States shall receive no additional compensa21 tion for their services, but shall be reimbursed for

22 travel, subsistence, and other necessary expenses in23 curred in the performance of duties vested in the

24 Commission, but not in excess of the maximum
790

•S 899 IS

1 amounts authorized under section 456 of title 28,

2 United States Code.

3 (4) PERSONNEL.—

4 (A) EXECUTIVE DIRECTOR.—The Commis5 sion may appoint an Executive Director, who

6 shall receive compensation at a rate not exceed7 ing the rate prescribed for level V of the Execu8 tive Schedule under section 5316 of title 5,

9 United States Code.

10 (B) STAFF.—The Executive Director, with

11 the approval of the Commission, may appoint

12 and fix the compensation of such additional

13 personnel as the Executive Director determines

14 to be necessary, without regard to the provi15 sions of title 5, United States Code, governing

16 appointments in the competitive service or the

17 provisions of chapter 51 and subchapter III of

18 chapter 53 of such title relating to classification

19 and General Schedule pay rates. Compensation

20 under this subparagraph shall not exceed the

21 annual maximum rate of basic pay for a posi22 tion above GS–15 of the General Schedule

23 under section 5108 of title 5, United States

24 Code.
791

•S 899 IS

1 (C) EXPERTS AND CONSULTANTS.—The

2 Executive Director may procure personal serv3 ices of experts and consultants as authorized by

4 section 3109 of title 5, United States Code, at

5 rates not to exceed the highest level payable

6 under the General Schedule pay rates under

7 section 5332 of title 5, United States Code.

8 (D) SERVICES.—The Administrative Office

9 of the United States Courts shall provide ad10 ministrative services, including financial and

11 budgeting services, to the Commission on a re12 imbursable basis. The Federal Judicial Center

13 shall provide necessary research services to the

14 Commission on a reimbursable basis.

15 (5) INFORMATION.—The Commission may re16 quest from any department, agency, or independent

17 instrumentality of the Federal Government any in18 formation and assistance the Commission determines

19 to be necessary to carry out its functions under this

20 subsection. Each such department, agency, and inde21 pendent instrumentality may provide such informa22 tion and assistance to the extent permitted by law

23 when requested by the chairperson of the Commis24 sion.
792

•S 899 IS

1 (6) REPORT OF THE ATTORNEY GENERAL.—

2 Not later than 60 days after the date of enactment

3 of this Act, the Attorney General shall submit to the

4 Commission a report, which shall, with respect to

5 the 3-year period preceding the date on which the

6 report is submitted under this paragraph—

7 (A) include the number, type, and disposi8 tion of all investigations conducted or super9 vised by the Office of Professional Responsi10 bility of the Department of Justice;

11 (B) include a summary of the findings of

12 each investigation in which the Department of

13 Justice found that an officer or employee of the

14 Department of Justice engaged in willful mis15 conduct; and

16 (C) be confidential and not disclose infor17 mation that would interfere with any pending

18 investigation or improperly infringe upon the

19 privacy rights of any individual.

20 (7) TERMINATION.—The Commission shall ter21 minate 90 days after the date on which the Commis22 sion submits the report under paragraph (1)(B)(ii).

23 (8) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated to the Com25 mission such sums, not to exceed $900,000, as are
793

•S 899 IS

1 necessary to carry out this subsection, to remain

2 available until expended.

3 SEC. 7322. CLARIFICATION OF OFFICIAL DUTY EXCEPTION.

4 (a) FINDINGS.—Congress finds that—

5 (1) section 201 of title 18, United States Code,

6 was enacted in 1962 and was amended in 1986 and

7 again in 1994;

8 (2) at the time section 201 of title 18, United

9 States Code, was enacted, and at each of the times

10 it was amended, Congress was aware of, and in11 tended to preserve, the traditional law enforcement

12 practice of offering or recommending leniency or

13 other favorable actions with respect to defendants in

14 exchange for truthful testimony or other cooperation

15 in the investigation and prosecution of other offend16 ers;

17 (3) the finding in paragraph (2) is based in

18 part on the fact that several Federal statutes, in19 cluding chapter 601 of title 18, United States Code

20 (commonly known as the ‘‘immunity statute’’, the

21 Sentencing Reform Act of 1984 (98 Stat. 1987),

22 and chapter 224 of title 18, United States Code

23 (commonly known as the ‘‘Witness Relocation and

24 Protection Act’’), authorize prosecutors to give
794

•S 899 IS

1 things of value, including immunity, leniency, and

2 physical protection, in return for testimony;

3 (4) in the 37 years since section 201 of title 18,

4 United States Code, was enacted, consistent with the

5 intent of Congress in enacting and amending that

6 section, no Federal court interpreted that section to

7 prohibit the essential law enforcement tool of obtain8 ing information and testimony through the use of

9 cooperation agreements between prosecutors and de10 fendants, or settlement agreements between civil en11 forcement attorneys and defendants;

12 (5) the Supreme Court, in numerous decisions

13 since 1962, including Giglio v. United States (405

14 U.S. 150) and United States v. Mezzanatto (513

15 U.S. 196), has reviewed and implicitly approved the

16 practice described in paragraph (4);

17 (6) even before the enactment of section 201 of

18 title 18, United States Code, the United States Su19 preme Court implicitly endorsed the practice when

20 the Court wrote, in Lisenba v. California, that ‘‘the

21 practice of taking into consideration, in sentencing

22 an accomplice, his aid to the state in turning state’s

23 evidence can be no denial of due process to a con24 victed confederate’’ (314 U.S. 219, 227);
795

•S 899 IS

1 (7) on July 1, 1998, a panel of the United

2 States Court of Appeals for the Tenth Circuit, in

3 United States v. Singleton (109 U.S. 3), ruled

4 that—

5 (A) the language of section 201(c) of title

6 18, United States Code, holding criminally lia7 ble whoever ‘‘directly or indirectly, gives, offers,

8 or promises anything of value to any person, for

9 or because of the testimony under oath or affir10 mation given or to be given by such person as

11 a witness upon a trial, hearing, or other pro12 ceeding,’’ forbids a prosecutor from promising

13 leniency to a cooperating witness in exchange

14 for testimony; and

15 (B) the conviction of a drug dealer and

16 money launderer must be thrown out and the

17 case remanded for a new trial;

18 (8) on July 10, 1998, the Tenth Circuit, on its

19 own motion, vacated the panel decision and ordered

20 that the appeal be reheard en banc in November

21 1998;

22 (9) on January 8, 1999, the Tenth Circuit

23 ruled in Singleton (144 F.3d 1343) that section

24 201(c)(2) of title 18, United States Code, does not

25 apply to the United States or to an Assistant United
796

•S 899 IS

1 States Attorney functioning within the official scope

2 of the office; and

3 (10) despite the final ruling of the Tenth Cir4 cuit in Singleton, unless there is Federal legislation

5 or a definitive ruling by the United States Supreme

6 Court on this issue, it is likely that accused and con7 victed offenders across the Nation will continue to

8 challenge charges and convictions, and seek to pre9 clude the admission of truthful testimony in their

10 trials, based on the reasoning in the vacated panel

11 decision, increasing the likelihood that dangerous

12 criminals will be released and that public officials

13 will be deterred from the reasonable exercise of their

14 discretion in the public interest.

15 (b) PURPOSES.—The purposes of this section are—

16 (1) to promote effective law enforcement by en17 suring that prosecutors and other public officials, in18 cluding civil enforcement officials, continue to em19 ploy the traditional and important law enforcement

20 tool of obtaining information and testimony by en21 tering into cooperation and settlement agreements in

22 the reasonable exercise of their discretion;

23 (2) to ensure that truthful testimony secured by

24 such agreements will continue to be admitted into

25 evidence in judicial proceedings notwithstanding the
797

•S 899 IS

1 fact that such agreements may have been entered

2 into before the date of enactment of this Act; and

3 (3) to clarify, for the benefit of courts inter4 preting section 201 of title 18, United States Code,

5 that—

6 (A) Congress has never intended to pro7 hibit such agreements; and

8 (B) this Act and the amendments made by

9 this Act are intended to endorse a practice that

10 is already lawful rather than to render lawful a

11 practice previously forbidden by an Act of Con12 gress.

13 (c) CLARIFICATION OF OFFICIAL DUTY EXCEP14 TION.—Section 201(c) of title 18, United States Code, is

15 amended—

16 (1) in paragraph (2), by inserting before the

17 semicolon at the end the following: ‘‘, except that

18 this paragraph does not apply to a public official

19 who is acting within the scope of the official duties

20 of the public official to investigate or prosecute any

21 violation of criminal or civil law’’; and

22 (2) in paragraph (3), by inserting before the

23 semicolon at the end the following: ‘‘, except that

24 this paragraph does not apply to a potential witness

25 who demands, seeks, receives, accepts, or agrees to
798

•S 899 IS

1 receive or accept anything of value that may be di2 rectly or indirectly given, offered, or promised con3 sistent with paragraph (2)’’.

4 CHAPTER 3—AMENDMENTS RELATING TO

5 COURTS AND SENTENCING

6 SEC. 7331. APPEALS FROM CERTAIN DISMISSALS.

7 Section 3731 of title 18, United States Code, is

8 amended by inserting ‘‘or any part thereof’’ after ‘‘as to

9 any one or more counts’’.

10 SEC. 7332. ELIMINATION OF OUTMODED CERTIFICATION

11 REQUIREMENTS.

12 (a) Section 3731 of title 18, United States Code, is

13 amended in the second paragraph by striking ‘‘, if the

14 United States attorney certifies to the district court that

15 the appeal is not taken for purpose of delay and that the

16 evidence is a substantial proof of a fact material in the

17 proceeding’’.

18 (b) Section 2518(10)(b) of title 18, United States

19 Code, is amended by striking ‘‘, if the United States Attor20 ney shall certify to the judge or other official granting

21 such motion or denying such application that the appeal

22 is not taken for purposes of delay’’.
799

•S 899 IS

1 SEC. 7333. IMPROVEMENT OF HATE CRIMES SENTENCING

2 PROCEDURE.

3 Section 280003(b) of Public Law 103–322 is amend4 ed by striking ‘‘the finder of fact at trial’’ and inserting

5 ‘‘the court at sentencing’’.

6 SEC. 7334. CLARIFICATION OF LENGTH OF SUPERVISED RE7 LEASE TERMS IN CONTROLLED SUBSTANCE

8 CASES.

9 Subparagraphs (A), (B), (C), and (D) of section

10 401(b)(1) of the Controlled Substances Act (21 U.S.C.

11 841(b)(1)) are each amended by striking ‘‘Any sentence’’

12 and inserting ‘‘Notwithstanding section 3583 of title 18,

13 any sentence’’.

14 SEC. 7335. AUTHORITY OF COURT TO IMPOSE A SENTENCE

15 OF PROBATION OR SUPERVISED RELEASE

16 WHEN REDUCING A SENTENCE OF IMPRISON17 MENT IN CERTAIN CASES.

18 Section 3582(c)(1)(A) of title 18, United States

19 Code, is amended by inserting ‘‘(and may impose a sen20 tence of supervised release)’’ after ‘‘may reduce the term

21 of imprisonment’’.
800

•S 899 IS

1 SEC. 7336. CORRECTION OF ABERRANT STATUTES TO PER2 MIT IMPOSITION OF BOTH A FINE AND IM3 PRISONMENT RATHER THAN ONLY EITHER

4 PENALTY.

5 (a) Section 401 of title 18, United States Code, is

6 amended by inserting ‘‘or both,’’ after ‘‘fine or imprison7 ment,’’.

8 (b) Section 1705 of title 18, United States Code, is

9 amended by inserting ‘‘, or both’’ after ‘‘years’’.

10 (c) Sections 1916, 2234, and 2235 of title 18, United

11 States Code, are each amended by inserting ‘‘, or both’’

12 after ‘‘year’’.

13 SEC. 7337. CLARIFICATION THAT MAKING RESTITUTION IS

14 A PROPER CONDITION OF SUPERVISED RE15 LEASE.

16 Subsections (c) and (e) of section 3583 of title 18,

17 United States Code, are each amended by striking ‘‘and

18 (a)(6)’’ and inserting ‘‘, (a)(6), (a)(7), and (a)(8)’’.

19 SEC. 7338. STATE CLEMENCY AND PARDON DECISIONS.

20 (a) IN GENERAL.—Chapter 85 of title 28, United

21 States Code, is amended by adding at the end the fol22 lowing:

23 ‘‘§ 1369. State clemency and pardon decisions

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

25 (b) and notwithstanding any other provision of law, no

26 Federal court shall have jurisdiction to hear any cause or
801

•S 899 IS

1 claim arising from the exercise of a State’s executive clem2 ency or pardon power or the process or procedures used

3 under such power.

4 ‘‘(b) REVIEW BY THE SUPREME COURT.—This sec5 tion does not affect the jurisdiction of the Supreme Court

6 to review any decision of the highest court of a State that

7 involves a cause or claim arising from the exercise of a

8 State’s executive clemency or pardon power, or the process

9 or procedures utilized under such power.’’.

10 (b) CONFORMING AMENDMENT.—The analysis for

11 chapter 85 of title 28, United States Code, is amended

12 by adding at the end the following:

‘‘1369. State clemency and pardon decisions.’’.

13 CHAPTER 4—AMENDMENTS RELATING TO

14 WHITE COLLAR CRIME

15 SEC. 7341. CONFORMING ADDITION TO OBSTRUCTION OF

16 CIVIL INVESTIGATIVE DEMAND STATUTE.

17 Section 1505 of title 18, United States Code, is

18 amended by inserting ‘‘section 1968 or 3486 of this title

19 or’’ before ‘‘the Antitrust Civil Process Act’’.

20 SEC. 7342. ADDITION OF ATTEMPTED THEFT AND COUN21 TERFEITING OFFENSES TO ELIMINATE GAPS

22 AND INCONSISTENCIES IN COVERAGE.

23 (a) Section 153 of title 18, United States Code, is

24 amended by inserting ‘‘, or attempts so to appropriate,

25 embezzle, spend or transfer,’’ before ‘‘any property’’.
802

•S 899 IS

1 (b) Section 641 of title 18, United States Code, is

2 amended by striking ‘‘or’’ at the end of the first paragraph

3 and by inserting after such paragraph the following:

4 ‘‘Whoever attempts to commit an offense described in the

5 preceding paragraph; or’’.

6 (c) Section 655 of title 18, United States Code, is

7 amended by inserting ‘‘or attempts to steal or so take,’’

8 after ‘‘unlawfully takes,’’.

9 (d) Sections 656 and 657 of title 18, United States

10 Code, are each amended—

11 (1) by inserting ‘‘, or attempts to embezzle, ab12 stract, purloin, or willfully misapply,’’ after ‘‘willfully

13 misapplies’’; and

14 (2) by inserting ‘‘or attempted to be embezzled,

15 abstracted, purloined, or misapplied’’ after ‘‘mis16 applied’’.

17 (e) Section 658 of title 18, United States Code, is

18 amended by inserting ‘‘or attempts so to remove, dispose

19 of, or convert,’’ before ‘‘any property’’.

20 (f) Section 659 of title 18, United States Code, is

21 amended—

22 (1) in the first and third paragraphs by insert23 ing ‘‘or attempts to embezzle, steal, or so take or

24 carry away,’’ after ‘‘carries away,’’; and
803

•S 899 IS

1 (2) in the fourth paragraph by inserting ‘‘or at2 tempts to embezzle, steal, or so take,’’ before ‘‘from

3 any railroad car’’.

4 (g) Section 661 of title 18, United States Code, is

5 amended—

6 (1) by inserting ‘‘or attempts so to take and

7 carry away,’’ before ‘‘any personal property’’; and

8 (2) by inserting ‘‘or attempted to be taken’’

9 after ‘‘taken’’ each place it appears.

10 (h) Section 664 of title 18, United States Code, is

11 amended by inserting ‘‘or attempts to embezzle, steal, or

12 so abstract or convert,’’ before ‘‘any of the moneys’’.

13 (i) Section 665(a) of title 18, United States Code,

14 is amended—

15 (1) by inserting ‘‘, or attempts to embezzle, so

16 misapply, steal, or obtain by fraud,’’ before ‘‘any of

17 the moneys’’; and

18 (2) by inserting ‘‘or attempted to be embezzled,

19 misapplied, stolen, or obtained by fraud’’ after ‘‘ob20 tained by fraud’’.

21 (i) Section 666(a)(1)(A) of title 18, United States

22 Code, is amended by inserting ‘‘or attempts to embezzle,

23 steal, obtain by fraud, or so convert or misapply,’’ before

24 ‘‘property’’.
804

•S 899 IS

1 (j) Section 1025 of title 18, United States Code, is

2 amended—

3 (1) by inserting ‘‘or attempts to obtain’’ after

4 ‘‘obtains’’; and

5 (2) by inserting ‘‘or attempted to be obtained’’

6 after ‘‘obtained’’.

7 (k) Section 1163 of title 18, United States Code, is

8 amended by inserting ‘‘attempts so to embezzle, steal, con9 vert, or misapply,’’ after ‘‘willfully misapplies,’’.

10 (l) Sections 1167(a) and (b) of title 18, United States

11 Code, are each amended by inserting ‘‘or attempts so to

12 abstract, purloin, misapply, or take and carry away,’’ be13 fore ‘‘any money’’.

14 (m) Sections 1168(a) and (b) of title 18, United

15 States Code, are each amended by inserting ‘‘or attempts

16 so to embezzle, abstract, purloin, misapply, or take and

17 carry away,’’ before ‘‘any moneys,’’.

18 (n) Section 1707 of title 18, United States Code, is

19 amended by inserting ‘‘, or attempts to steal, purloin, or

20 embezzle,’’ before ‘‘any property’’ and by inserting ‘‘or at21 tempts to appropriate’’ after ‘‘appropriates’’.

22 (o) Section 1708 of title 18, United States Code, is

23 amended in the second paragraph by inserting ‘‘or at24 tempts to steal, take, or abstract,’’ after ‘‘abstracts,’’ and

25 by inserting’’, or attempts so to obtain,’’ after ‘‘obtains’’.
805

•S 899 IS

1 (p) Section 1709 of title 18, United States Code is

2 amended—

3 (1) by inserting ‘‘or attempts to embezzle’’ after

4 ‘‘embezzles’’; and

5 (2) by inserting ‘‘, or attempts to steal, ab6 stract, or remove,’’ after ‘‘removes’’.

7 (q) Section 1711 of title 18, United States Code, is

8 amended by inserting ‘‘or attempts to loan, use, pledge,

9 hypothecate, or convert to his own use,’’ after ‘‘use’’.

10 (r) Section 2113(b) of title 18, United States Code,

11 is amended by inserting ‘‘or attempts so to take and carry

12 away,’’ before ‘‘any property’’ each place it appears.

13 (s) Section 669(a) of title 18, United States Code,

14 is amended by inserting ‘‘, or attempts to embezzle, steal,

15 convert without authority, or intentionally misapply,’’ be16 fore ‘‘any of the moneys’’.

17 (t) Section 477 of title 18, United States Code, is

18 amended by inserting ‘‘, or attempts so to sell, give, or

19 deliver,’’ before ‘‘any such imprint’’.

20 (u) Section 479 of title 18, United States Code, is

21 amended by inserting ‘‘or attempts to utter or pass,’’ after

22 ‘‘passes,’’.

23 (v) Section 490 of title 18, United States Code, is

24 amended by inserting ‘‘attempts to pass, utter, or sell,’’

25 before ‘‘or possesses’’.
806

•S 899 IS

1 (w) Section 513(a) of title 18, United States Code,

2 is amended by inserting ‘‘or attempts to utter,’’ after ‘‘ut3 ters’’.

4 SEC. 7343. LARCENY INVOLVING POST OFFICE BOXES AND

5 POSTAL STAMP VENDING MACHINES.

6 Section 2115 of title 18, United States Code, is

7 amended—

8 (1) by striking ‘‘or’’ before ‘‘any building’’;

9 (2) by inserting ‘‘or any post office box or post10 al stamp vending machine for the sale of stamps

11 owned by the Postal Service,’’ after ‘‘used in whole

12 or in part as a post office,’’; and

13 (3) by inserting ‘‘or in such box or machine,’’

14 after ‘‘so used’’.

15 SEC. 7344. THEFT OF VESSELS.

16 (a) Section 2311 of title 18, United States Code, is

17 amended by adding at the end the following:

18 ‘‘( ) ‘Vessel’ means any watercraft or other

19 contrivance used or designed for transportation or

20 navigation on, under, or immediately above, water.’’.

21 (b) Sections 2312 and 2313 of title 18, United States

22 Code, are each amended by striking ‘‘motor vehicle or air23 craft’’ and inserting ‘‘motor vehicle, vessel, or aircraft’’.
807

•S 899 IS

1 SEC. 7345. CONFORMING AMENDMENT TO LAW PUNISHING

2 OBSTRUCTION OF JUSTICE BY NOTIFICATION

3 OF EXISTENCE OF A SUBPOENA FOR

4 RECORDS IN CERTAIN TYPES OF INVESTIGA5 TIONS.

6 Section 1510(b)(3)(B) of title 18, United States

7 Code, is amended—

8 (1) by striking ‘‘or’’ at the end of subparagraph

9 (i);

10 (2) by striking the period and inserting ‘‘; or’’

11 at the end of subparagraph (ii); and

12 (3) by adding the following new subparagraph:

13 ‘‘(iii) the Controlled Substances Act,

14 the Controlled Substances Import and Ex15 port Act, or section 60501 of the Internal

16 Revenue Code of 1986.’’.

17 SEC. 7346. CONFORMING AMENDMENT TO INJUNCTION

18 AGAINST FRAUD STATUTE.

19 Section 1345(a)(2) of title 18, United States Code,

20 is amended by inserting ‘‘violation of this chapter or sec21 tion 287, 371 (insofar as such violation involves a con22 spiracy to defraud the United States or any agency there23 of), or 1001 of this title or of a’’ after ‘‘as a result of

24 a’’.
808

•S 899 IS

1 SEC. 7347. CORRECTION OF ERROR IN PERJURY RECANTA2 TION STATUTE.

3 Section 1623(d) of title 18, United States Code, is

4 amended by striking ‘‘or’’ the second place it appears and

5 inserting ‘‘and’’.

6 SEC. 7348. ELIMINATION OF PROOF OF VALUE REQUIRE7 MENT FOR FELONY THEFT OR CONVERSION

8 OF GRAND JURY MATERIAL.

9 Section 641 of title 18, United States Code, is

10 amended by striking ‘‘but if the value of such property

11 does not exceed the sum of $1,000, he’’ and inserting ‘‘but

12 if the value of such property, other than property consti13 tuting ‘matters occurring before the grand jury’ within the

14 meaning of Rule 6(e) of the Federal Rules of Criminal

15 Procedure, does not exceed the sum of $1000,’’.

16 SEC. 7349. AMENDMENT OF INTERSTATE TRAVEL FRAUD

17 STATUTE TO COVER TRAVEL BY PERPE18 TRATOR.

19 Section 2314 of title 18, United States Code, is

20 amended in the second undesignated paragraph by insert21 ing ‘‘travels in or’’ before ‘‘transports or causes to be

22 transported’’.

23 SEC. 7350. MARIJUANA PLANTS.

24 Section 1010(b)(4) of the Controlled Substances Im25 port and Export Act (21 U.S.C. 960(b)(4)) is amended

26 by striking ‘‘except in the case of 100 or more marihuana
809

•S 899 IS

1 plants’’ and inserting ‘‘except in the case of 50 or more

2 marihuana plants’’.

3 SEC. 7351. PARTICIPATION OF FOREIGN AND STATE GOV4 ERNMENT PERSONNEL UNDER FEDERAL SU5 PERVISION IN CERTAIN INTERCEPTIONS.

6 Section 2518(5) of title 18, United States Code, is

7 amended by inserting ‘‘(including personnel of a foreign

8 government or of a State or subdivision of a State or of

9 an Indian tribe)’’ after ‘‘Government personnel’’.

10 SEC. 7352. CONFORMING AMENDMENTS RELATING TO SU11 PERVISED RELEASE.

12 (a) Sections 1512(a)(1)(C), 1512(b)(3), 1512(c)(2),

13 1513(a)(1)(B), and 1513(b)(2) of title 18, United States

14 Code, are each amended by striking ‘‘violation of condi15 tions of probation, parole or release pending judicial pro16 ceedings’’ and inserting ‘‘violation of conditions of proba17 tion, supervised release, parole, or release pending judicial

18 proceedings’’.

19 (b) Section 3142 of title 18, United States Code, is

20 amended—

21 (1) in subsection (d)(1), by inserting ‘‘, super22 vised release,’’ after ‘‘probation’’; and

23 (2) in subsection (g)(3), by inserting ‘‘or super24 vised release’’ after ‘‘probation’’.
810

•S 899 IS

1 SEC. 7353. STRENGTHENING OF STATUTE PUNISHING EVA2 SION OR EMBEZZLEMENT OF CUSTOMS DU3 TIES.

4 Section 542 of title 18, United States Code, is

5 amended—

6 (1) by striking ‘‘two years’’ and inserting ‘‘five

7 years’’; and

8 (2) by inserting after the third undesignated

9 paragraph the following: ‘‘This section shall not be

10 construed to require proof of any mental state with

11 respect to whether the defendant’s willful act or

12 omission would deprive the government of any lawful

13 duties.’’.

14 SEC. 7354. COVERAGE OF FOREIGN BANK BRANCHES IN

15 THE TERRITORIES.

16 Section 20(9) of title 18, United States Code, is

17 amended by inserting before the period the following: ‘‘,

18 except that for purposes of this section the definition of

19 the term ‘State’ in such Act shall be deemed to include

20 a commonwealth, territory, or possession of the United

21 States’’.

22 SEC. 7355. CONFORMING STATUTE OF LIMITATIONS

23 AMENDMENT FOR CERTAIN BANK FRAUD OF24 FENSES.

25 Section 3293 of title 18, United States Code, is

26 amended—
811

•S 899 IS

1 (1) by inserting ‘‘225,’’ after ‘‘215,’’; and

2 (2) by inserting ‘‘1032,’’ before ‘‘1033’’.

3 SEC. 7356. CLARIFYING AMENDMENT TO SECTION 704.

4 Section 704(b)(2) of title 18, United States Code, is

5 amended by striking ‘‘with respect to a Congressional

6 Medal of Honor’’.

7 SEC. 7357. AMENDMENT TO SECTION 1547 TO CONFORM TO

8 ENACTMENT OF THE IMMIGRATION BILL.

9 Section 1547 of title 18, United States Code, is

10 amended by striking ‘‘under this chapter (other than an

11 offense under section 1545)’’ and inserting ‘‘under section

12 1546(b)’’.

13 SEC. 7358. EXPANDED JURISDICTION OVER CHILD BUYING

14 AND SELLING OFFENSES IN FEDERAL EN15 CLAVES.

16 Section 2251A(c)(3) of title 18, United States Code,

17 is amended by striking ‘‘in any territory or possession of

18 the United States’’ and inserting ‘‘in the special maritime

19 and territorial jurisdiction of the United States or in any

20 commonwealth, territory, or possession of the United

21 States’’.
812

•S 899 IS

1 SEC. 7359. TECHNICAL AMENDMENT TO RESTORE WIRETAP

2 AUTHORITY FOR CERTAIN MONEY LAUN3 DERING OFFENSES.

4 Section 2516(1)(g) of title 18, United States Code,

5 is amended by striking ‘‘a violation of section 5322 of title

6 31, United States Code (dealing with the reporting of cur7 rency transactions)’’ and inserting ‘‘a violation of section

8 5322 or 5324 of title 31, United States Code (dealing with

9 the reporting and illegal structuring of currency trans10 actions)’’.

11 SEC. 7360. FLUNITRAZEPAM PENALTIES.

12 Section 401(b) of the Controlled Substances Act (21

13 U.S.C. 841(b)) is amended—

14 (1) in subparagraph (1)(C), by striking ‘‘1

15 gram of’’ before ‘‘flunitrazepam,’’; and

16 (2) in subparagraph (1)(D), by striking ‘‘or 30

17 grams of flunitrazepam,’’.

18 SEC. 7361. REMOVAL OF THE SUNSET PROVISION FOR THE

19 S VISA CLASSIFICATION PROGRAM.

20 Section 214(k)(2) of the Immigration and Nationality

21 Act of 1952, as amended (8 U.S.C. 1184(k)(2)) is re22 pealed.

23 SEC. 7362. REPEAL OF DUPLICATIVE PROCEDURES.

24 Section 408 of the Controlled Substances Act (21

25 U.S.C. 848) is amended—
813

•S 899 IS

1 (1) by striking subsections (g) through (p),

2 (q)(1) through (3), and (r); and

3 (2) by redesignating subsections (q)(4) through

4 (10) as subsections (f)(1) through (7).

5 SEC. 7363. REPEAL OF OUTMODED PROVISIONS RELATING

6 TO THE CANAL ZONE.

7 (a) Section 14 of title 18, United States Code, and

8 the item relating thereto in the chapter analysis for chap9 ter 1 of title 18, United States Code, are repealed.

10 (b) Section 1261 of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘(a) The Secretary’’ and insert13 ing ‘‘The Secretary’’; and

14 (2) by striking subsection (b).

15 (c) Section 3183 of title 18, United States Code, is

16 amended by striking ‘‘or the Panama Canal Zone,’’.

17 (d) Section 3241 of title 18, United States Code, is

18 amended by striking ‘‘United States District Court for the

19 Canal Zone and the’’.

20 (e) This section, except subsection (d), shall take ef21 fect on January 1, 2000.
814

•S 899 IS

1 SEC. 7364. PREVENTION OF FRAUDS INVOLVING AIRCRAFT

2 OR SPACE VEHICLE PARTS IN INTERSTATE

3 OR FOREIGN COMMERCE.

4 (a) DEFINITIONS.—Section 31 of title 18, United

5 States Code, is amended by striking all after the section

6 heading and inserting the following:

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a

9 civil, military, or public contrivance invented, used,

10 or designed to navigate, fly, or travel in the air.

11 ‘‘(2) AVIATION QUALITY.—The term ‘aviation

12 quality’, with respect to a part of an aircraft or

13 space vehicle, means the quality of having been man14 ufactured, constructed, produced, repaired, over15 hauled, rebuilt, reconditioned, or restored in con16 formity with applicable standards specified by law

17 (including a regulation) or contract.

18 ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term

19 ‘destructive substance’ means an explosive sub20 stance, flammable material, infernal machine, or

21 other chemical, mechanical, or radioactive device or

22 matter of a combustible, contaminative, corrosive, or

23 explosive nature.

24 ‘‘(4) IN FLIGHT.—The term ‘in flight’ means—

25 ‘‘(A) any time from the moment at which

26 all the external doors of an aircraft are closed
815

•S 899 IS

1 following embarkation until the moment when

2 any such door is opened for disembarkation;

3 and

4 ‘‘(B) in the case of a forced landing, until

5 competent authorities take over the responsi6 bility for the aircraft and the persons and prop7 erty on board.

8 ‘‘(5) IN SERVICE.—The term ‘in service’

9 means—

10 ‘‘(A) any time from the beginning of pre11 flight preparation of an aircraft by ground per12 sonnel or by the crew for a specific flight until

13 24 hours after any landing; and

14 ‘‘(B) in any event includes the entire pe15 riod during which the aircraft is in flight.

16 ‘‘(6) MOTOR VEHICLE.—The term ‘motor vehi17 cle’ means every description of carriage or other con18 trivance propelled or drawn by mechanical power

19 and used for commercial purposes on the highways

20 in the transportation of passengers, passengers and

21 property, or property or cargo.

22 ‘‘(7) PART.—The term ‘part’ means a frame,

23 assembly, component, appliance, engine, propeller,

24 material, part, spare part, piece, section, or related

25 integral or auxiliary equipment.
816

•S 899 IS

1 ‘‘(8) SPACE VEHICLE.—The term ‘space vehicle’

2 means a man-made device, either manned or un3 manned, designed for operation beyond the Earth’s

4 atmosphere.

5 ‘‘(9) STATE.—The term ‘State’ means a State

6 of the United States, the District of Columbia, and

7 any commonwealth, territory, or possession of the

8 United States.

9 ‘‘(10) USED FOR COMMERCIAL PURPOSES.—

10 The term ‘used for commercial purposes’ means the

11 carriage of persons or property for any fare, fee,

12 rate, charge or other consideration, or directly or in13 directly in connection with any business, or other

14 undertaking intended for profit.

15 ‘‘(b) TERMS DEFINED IN OTHER LAW.—In this

16 chapter, the terms ‘aircraft engine’, ‘air navigation facil17 ity’, ‘appliance’, ‘civil aircraft’, ‘foreign air commerce’,

18 ‘interstate air commerce’, ‘landing area’, ‘overseas air

19 commerce’, ‘propeller’, ‘spare part’, and ‘special aircraft

20 jurisdiction of the United States’ have the meanings given

21 those terms in sections 40102(a) and 46501 of title 49.’’.

22 (b) FRAUD.—

23 (1) IN GENERAL.—Chapter 2 of title 18, United

24 States Code, is amended by adding at the end the

25 following:
817

•S 899 IS

1 ‘‘§ 38. Fraud involving aircraft or space vehicle parts

2 in interstate or foreign commerce

3 ‘‘(a) OFFENSES.—A person that, in or affecting

4 interstate or foreign commerce, knowingly—

5 ‘‘(1)(A) falsifies or conceals a material fact;

6 ‘‘(B) makes any materially fraudulent represen7 tation; or

8 ‘‘(C) makes or uses any materially false writing,

9 entry, certification, document, record, data plate,

10 label, or electronic communication;

11 concerning any aircraft or space vehicle part;

12 ‘‘(2) exports from or imports or introduces into

13 the United States, sells, trades, installs on or in any

14 aircraft or space vehicle any aircraft or space vehicle

15 part using or by means of a fraudulent representa16 tion, document, record, certification, depiction, data

17 plate, label, or electronic communication; or

18 ‘‘(3) attempts or conspires to commit an offense

19 described in paragraph (1) or (2);

20 shall be punished as provided in subsection (b).

21 ‘‘(b) PENALTIES.—The punishment for an offense

22 under subsection (a) is as follows:

23 ‘‘(1) AVIATION QUALITY.—If the offense relates

24 to the aviation quality of a part and the part is in25 stalled in an aircraft or space vehicle, a fine of not
818

•S 899 IS

1 more than $500,000, imprisonment for not more

2 than 25 years, or both.

3 ‘‘(2) FAILURE TO OPERATE AS REP4 RESENTED.—If, by reason of the failure of the part

5 to operate as represented, the part to which the of6 fense is related is the probable cause of a malfunc7 tion or failure that results in serious bodily injury

8 (as defined in section 1365) to or the death of any

9 person, a fine of not more than $1,000,000, impris10 onment for any term of years or life, or both.

11 ‘‘(3) ORGANIZATIONS.—If the offense is com12 mitted by an organization, a fine of not more than

13 $25,000,000.

14 ‘‘(4) OTHER CIRCUMSTANCES.—In the case of

15 an offense not described in paragraph (1), (2), or

16 (3), a fine under this title, imprisonment for not

17 more than 15 years, or both.

18 ‘‘(c) CIVIL REMEDIES.—

19 ‘‘(1) IN GENERAL.—The district courts of the

20 United States shall have jurisdiction to prevent and

21 restrain violations of this section by issuing appro22 priate orders, including—

23 ‘‘(A) ordering a person CONVICTED OF AN

24 OFFENSE UNDER THIS SECTION to divest any

25 interest, direct or indirect, in any enterprise, or
819

•S 899 IS

1 to destroy, or to mutilate and sell as scrap, air2 craft material or part inventories or stocks;

3 ‘‘(B) imposing reasonable restrictions on

4 the future activities or investments of any such

5 person, including prohibiting engagement in the

6 same type of endeavor as used to commit the

7 offense; and

8 ‘‘(C) ordering dissolution or reorganization

9 of any enterprise, making due provisions for the

10 rights and interests of innocent persons.

11 ‘‘(2) RESTRAINING ORDERS AND PROHIBI12 TION.—Pending final determination of a proceeding

13 brought under this section, the court may enter such

14 restraining orders or prohibitions, or take such other

15 actions (including the acceptance of satisfactory per16 formance bonds) as the court deems proper.

17 ‘‘(3) ESTOPPEL.—A final judgment rendered in

18 favor of the United States in any criminal pro19 ceeding brought under this section shall estop the

20 defendant from denying the essential allegations of

21 the criminal offense in any subsequent civil pro22 ceeding brought by the United States.

23 ‘‘(d) CRIMINAL FORFEITURE.—

24 ‘‘(1) IN GENERAL.—The court, in imposing sen25 tence on any person convicted of an offense under
820

•S 899 IS

1 this section, shall order, in addition to any other

2 sentence and irrespective of any provision of State

3 law, that the person forfeit to the United States—

4 ‘‘(A) any property constituting, or derived

5 from, any proceeds that the person obtained, di6 rectly or indirectly, as a result of the offense;

7 and

8 ‘‘(B) any property used, or intended to be

9 used in any manner, to commit or facilitate the

10 commission of the offense.

11 ‘‘(2) APPLICATION OF OTHER LAW.—The for12 feiture of property under this section, including any

13 seizure and disposition of the property, and any pro14 ceedings relating to the property, shall be governed

15 by section 413 of the Comprehensive Drug Abuse

16 and Prevention Act of 1970 (21 U.S.C. 853) (not

17 including subsection (d) of that section).

18 ‘‘(e) CONSTRUCTION WITH OTHER LAW.—This sec19 tion does not preempt or displace any other remedy, civil

20 or criminal, provided by Federal or State law for the

21 fraudulent importation, sale, trade, installation, or intro22 duction into commerce of an aircraft or space vehicle part.

23 ‘‘(f) TERRITORIAL SCOPE.—This section applies to

24 conduct occurring inside or outside the United States.
821

•S 899 IS

1 ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND PROCE2 DURES.—

3 ‘‘(1) AUTHORIZATION.—

4 ‘‘(A) SUBPOENAS.—In any investigation

5 relating to any act or activity involving an of6 fense under this section, the Attorney General

7 may issue in writing and cause to be served a

8 subpoena—

9 ‘‘(i) requiring the production of any

10 record (including any book, paper, docu11 ment, electronic medium, or other object or

12 tangible thing) that may be relevant to an

13 authorized law enforcement inquiry, that a

14 person or legal entity may possess or have

15 care or custody of or control over; and

16 ‘‘(ii) requiring a custodian of a record

17 to give testimony concerning the produc18 tion and authentication of the record.

19 ‘‘(B) CONTENTS.—A subpoena under sub20 paragraph (A) shall—

21 ‘‘(i) describe the object required to be

22 produced; and

23 ‘‘(ii) prescribe a return date within a

24 reasonable period of time within which the

25 object can be assembled and produced.
822

•S 899 IS

1 ‘‘(C) LIMITATION.—The production of a

2 record shall not be required under this section

3 at any place more than 500 miles from the

4 place at which the subpoena for the production

5 of the record is served.

6 ‘‘(D) WITNESS FEES.—A witness sum7 moned under this section shall be paid the same

8 fees and mileage as are paid witnesses in courts

9 of the United States.

10 ‘‘(b) SERVICE.—

11 ‘‘(1) IN GENERAL.—A subpoena issued under

12 subsection (a) may be served by any person who is

13 at least 18 years of age and is designated in the

14 subpoena to serve the subpoena.

15 ‘‘(2) NATURAL PERSONS.—Service of a sub16 poena issued under subsection (a) on a natural per17 son may be made by personal delivery of the sub18 poena to the person.

19 ‘‘(3) CORPORATIONS AND OTHER ORGANIZA20 TIONS.—Service of a subpoena issued under sub21 section (a) on a domestic or foreign corporation or

22 on a partnership or other unincorporated association

23 that is subject to suit under a common name may

24 be made by delivering the subpoena to an officer, to

25 a managing or general agent, or to any other agent
823

•S 899 IS

1 authorized by appointment or by law to receive serv2 ice of process for the corporation, partnership, or as3 sociation.

4 ‘‘(4) PROOF OF SERVICE.—The affidavit of the

5 person serving the subpoena entered or a true copy

6 of such an affidavit shall be proof of service.

7 ‘‘(c) ENFORCEMENT.—

8 ‘‘(1) IN GENERAL.—In the case of a failure to

9 comply with a subpoena issued under subsection (a),

10 the Attorney General may invoke the aid of any

11 court of the United States within the jurisdiction of

12 which the investigation is carried on or of which the

13 subpoenaed person is an inhabitant, or in which the

14 subpoenaed person carries on business or may be

15 found, to compel compliance with the subpoena.

16 ‘‘(2) ORDERS.—The court may issue an order

17 requiring the subpoenaed person to appear before

18 the Attorney General to produce a record or to give

19 testimony concerning the production and authentica20 tion of a record.

21 ‘‘(3) CONTEMPT.—Any failure to obey the order

22 of the court may be punished by the court as a con23 tempt of court.
824

•S 899 IS

1 ‘‘(4) PROCESS.—All process in a case under

2 this subsection may be served in any judicial district

3 in which the subpoenaed person may be found.

4 ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Notwith5 standing any Federal, State, or local law, any person (in6 cluding any officer, agent, or employee of a person) that

7 receives a subpoena under this section, who complies in

8 good faith with the subpoena and produces a record or

9 material sought by a subpoena under this section, shall

10 not be liable in any court of any State or the United States

11 to any customer or other person for the production or for

12 nondisclosure of the production to the customer.’’.

13 (2) CONFORMING AMENDMENTS.—

14 (A) CHAPTER ANALYSIS.—The analysis for

15 chapter 2 of title 18, United States Code, is

16 amended by adding at the end the following:

‘‘38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.’’.

17 (B) WIRE AND ELECTRONIC COMMUNICA18 TIONS.—Section 2516(1)(c) of title 18, United

19 States Code, is amended by inserting ‘‘section

20 38 (relating to aircraft parts fraud),’’ after

21 ‘‘section 32 (relating to destruction of aircraft

22 or aircraft facilities),’’.
825

•S 899 IS

1 CHAPTER 5—FRAUD AGAINST THE

2 ELDERLY

3 SEC. 7471. DEFINITIONS.

4 In this chapter:

5 (1) CRIME.—The term ‘‘crime’’ means any

6 criminal offense under Federal or State law.

7 (2) NURSING HOME.—The term ‘‘nursing

8 home’’ means any institution or residential care fa9 cility defined as such for licensing purposes under

10 State law, or if State law does not employ the term

11 nursing home, the equivalent term or terms as deter12 mined by the Secretary of Health and Human Serv13 ices, pursuant to section 1908(e) of the Social Secu14 rity Act (42 U.S.C. 1396g(e)).

15 (3) SENIOR.—The term ‘‘senior’’ means an in16 dividual who is more than 55 years of age.

17 SEC. 7472. INCLUSION OF SENIORS IN NATIONAL CRIME

18 VICTIMIZATION SURVEY.

19 Beginning not later than 2 years after the date of

20 enactment of this Act, as part of each National Crime Vic21 timization Survey, the Attorney General shall include sta22 tistics relating to—

23 (1) crimes targeting or disproportionately af24 fecting seniors; and
826

•S 899 IS

1 (2) crime risk factors for seniors, including the

2 times and locations at which crimes victimizing sen3 iors are most likely to occur; and

4 (3) specific characteristics of the victims of

5 crimes who are seniors, including age, gender, race

6 or ethnicity, and socioeconomic status.

7 SEC. 7473. ENHANCED SENTENCING PENALTIES BASED ON

8 AGE OF VICTIM.

9 (a) DIRECTIVE TO THE UNITED STATES SEN10 TENCING COMMISSION.—In the exercise of its authority

11 under section 994(p) of title 28, United States Code, and

12 in accordance with this section, the United States Sen13 tencing Commission shall review and, if appropriate,

14 amend section 3A1.1(a) of the Federal sentencing guide15 lines to include the age of a crime victim as 1 of the cri16 teria for determining whether the application of a sen17 tencing enhancement is appropriate.

18 (b) REQUIREMENTS.—In carrying out this section,

19 the Commission shall—

20 (1) ensure that the Federal sentencing guide21 lines and the policy statements of the Commission

22 reflect the serious economic and physical harms as23 sociated with criminal activity targeted at seniors

24 due to their particular vulnerability;
827

•S 899 IS

1 (2) consider providing increased penalties for

2 persons convicted of offenses in which the victim was

3 a senior in appropriate circumstances;

4 (3) consult with individuals or groups rep5 resenting seniors, law enforcement agencies, victims

6 organizations, and the Federal judiciary, as part of

7 the review described in subsection (a);

8 (4) ensure reasonable consistency with other

9 Federal sentencing guidelines and directives;

10 (5) account for any aggravating or mitigating

11 circumstances that may justify exceptions, including

12 circumstances for which the Federal sentencing

13 guidelines provide sentencing enhancements;

14 (6) make any necessary conforming changes to

15 the Federal sentencing guidelines; and

16 (7) ensure that the Federal sentencing guide17 lines adequately meet the purposes of sentencing set

18 forth in section 3553(a)(2) of title 18, United States

19 Code.

20 (c) REPORT.—Not later than December 31, 2000, the

21 Commission shall submit to Congress a report on issues

22 relating to the age of crime victims, which shall include—

23 (1) an explanation of any changes to sentencing

24 policy made by the Commission under this section;

25 and
828

•S 899 IS

1 (2) any recommendations of the Commission for

2 retention or modification of penalty levels, including

3 statutory penalty levels, for offenses involving sen4 iors.

5 SEC. 7474. STUDY AND REPORT ON HEALTH CARE FRAUD

6 SENTENCES.

7 (a) DIRECTIVE TO THE UNITED STATES SEN8 TENCING COMMISSION.—Pursuant to its authority under

9 section 994(p) of title 28, United States Code, and in ac10 cordance with this section, the United States Sentencing

11 Commission shall review and, if appropriate, amend the

12 Federal sentencing guidelines and the policy statements

13 of the Commission with respect to persons convicted of

14 offenses involving fraud in connection with a health care

15 benefit program (as defined in section 24(b) of title 18,

16 United States Code).

17 (b) REQUIREMENTS.—In carrying out this section,

18 the Commission shall—

19 (1) ensure that the Federal sentencing guide20 lines and the policy statements of the Commission

21 reflect the serious harms associated with health care

22 fraud and the need for aggressive and appropriate

23 law enforcement action to prevent such fraud;
829

•S 899 IS

1 (2) consider providing increased penalties for

2 persons convicted of health care fraud in appropriate

3 circumstances;

4 (3) consult with individuals or groups rep5 resenting victims of health care fraud, law enforce6 ment agencies, the health care industry, and the

7 Federal judiciary as part of the review described in

8 subsection (a);

9 (4) ensure reasonable consistency with other

10 Federal sentencing guidelines and directives;

11 (5) account for any aggravating or mitigating

12 circumstances that might justify exceptions, includ13 ing circumstances for which the Federal sentencing

14 guidelines provide sentencing enhancements;

15 (6) make any necessary conforming changes to

16 the Federal sentencing guidelines; and

17 (7) ensure that the Federal sentencing guide18 lines adequately meet the purposes of sentencing as

19 set forth in section 3553(a)(2) of title 18, United

20 States Code.

21 (c) REPORT.—Not later than December 31, 2000, the

22 Commission shall submit to Congress a report on issues

23 relating to offenses described in subsection (a), which shall

24 include—
830

•S 899 IS

1 (1) an explanation of any changes to sentencing

2 policy made by the Commission under this section;

3 and

4 (2) any recommendations of the Commission for

5 retention or modification of penalty levels, including

6 statutory penalty levels, for those offenses.

7 SEC. 7475. INCREASED PENALTIES FOR FRAUD RESULTING

8 IN SERIOUS INJURY OR DEATH.

9 Sections 1341 and 1343 of title 18, United States

10 Code, are each amended by inserting before the last sen11 tence the following: ‘‘If the violation results in serious bod12 ily injury (as defined in section 1365 of this title), such

13 person shall be fined under this title, imprisoned not more

14 than 20 years, or both, and if the violation results in

15 death, such person shall be fined under this title, impris16 oned for any term of years or life, or both.’’.

17 SEC. 7476. TELEMARKETING SCAMS.

18 (a) EXPANSION OF SCOPE OF TELEMARKETING

19 FRAUD SUBJECT TO ENHANCED CRIMINAL PENALTIES.—

20 Section 2325(1) of title 18, United States Code, is amend21 ed by striking ‘‘telephone calls’’ and inserting ‘‘wire com22 munications utilizing a telephone service’’.

23 (b) BLOCKING OR TERMINATION OF TELEPHONE

24 SERVICE ASSOCIATED WITH TELEMARKETING FRAUD.—
831

•S 899 IS

1 (1) IN GENERAL.—Chapter 113A of title 18,

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘§ 2328. Blocking or termination of telephone service

5 ‘‘(a) DEFINITIONS.—In this section:

6 ‘‘(1) REASONABLE NOTICE TO THE SUB7 SCRIBER.—

8 ‘‘(A) IN GENERAL.—The term ‘reasonable

9 notice to the subscriber’, in the case of a sub10 scriber of a common carrier, means any infor11 mation necessary to provide notice to the sub12 scriber that—

13 ‘‘(i) the wire communications facilities

14 furnished by the common carrier may not

15 be used for the purpose of transmitting,

16 receiving, forwarding, or delivering a wire

17 communication in interstate or foreign

18 commerce for the purpose of executing any

19 scheme or artifice to defraud in connection

20 with the conduct of telemarketing; and

21 ‘‘(ii) such use constitutes sufficient

22 grounds for the immediate discontinuance

23 or refusal of the leasing, furnishing, or

24 maintaining of the facilities to or for the

25 subscriber.
832

•S 899 IS

1 ‘‘(B) INCLUDED MATTER.—The term in2 cludes any tariff filed by the common carrier

3 with the Federal Communications Commission

4 that contains the information specified in sub5 paragraph (A).

6 ‘‘(2) WIRE COMMUNICATION.—The term ‘wire

7 communication’ has the meaning given that term in

8 section 2510(1) of this title.

9 ‘‘(3) WIRE COMMUNICATIONS FACILITY.—The

10 term ‘wire communications facility’ means any facil11 ity (including instrumentalities, personnel, and serv12 ices) used by a common carrier for purposes of the

13 transmission, receipt, forwarding, or delivery of wire

14 communications.

15 ‘‘(b) IN GENERAL.—If a common carrier subject to

16 the jurisdiction of the Federal Communications Commis17 sion is notified in writing by the Attorney General, acting

18 within the Attorney General’s jurisdiction, that any wire

19 communications facility furnished by such common carrier

20 is being used or will be used by a subscriber for the pur21 pose of transmitting or receiving a wire communication

22 in interstate or foreign commerce for the purpose of exe23 cuting any scheme or artifice to defraud, or for obtaining

24 money or property by means of false or fraudulent pre25 tenses, representations, or promises, in connection with
833

•S 899 IS

1 the conduct of telemarketing, the common carrier shall

2 discontinue or refuse the leasing, furnishing, or maintain3 ing of the facility to or for the subscriber after reasonable

4 notice to the subscriber.

5 ‘‘(c) PROHIBITION OF DAMAGES.—No damages, pen6 alty, or forfeiture, whether civil or criminal, shall be found

7 or imposed against any common carrier for any act done

8 by the common carrier in compliance with a notice re9 ceived from the Attorney General under this section.

10 ‘‘(d) RELIEF.—

11 ‘‘(1) IN GENERAL.—Nothing in this section

12 may be construed to prejudice the right of any per13 son affected thereby to secure an appropriate deter14 mination, as otherwise provided by law, in a Federal

15 court, that—

16 ‘‘(A) the leasing, furnishing, or maintain17 ing of a facility should not be discontinued or

18 refused under this section; or

19 ‘‘(B) the leasing, furnishing, or maintain20 ing of a facility that has been so discontinued

21 or refused should be restored.

22 ‘‘(2) SUPPORTING INFORMATION.—In any ac23 tion brought under this subsection, the court may

24 direct that the Attorney General present evidence in
834

•S 899 IS

1 support of the notice made under subsection (a) to

2 which such action relates.’’.

3 (2) CONFORMING AMENDMENT.—The analysis

4 for that chapter is amended by adding at the end

5 the following:

‘‘2328. Blocking or termination of telephone service.’’.

6 SEC. 7477. GRAND JURY DISCLOSURE IN INVESTIGATIONS

7 OF HEALTH CARE OFFENSES.

8 Section 3322 of title 18, United States Code, is

9 amended—

10 (1) by redesignating subsections (c) and (d) as

11 subsections (d) and (e), respectively; and

12 (2) by inserting after subsection (b) the fol13 lowing:

14 ‘‘(c) GRAND JURY DISCLOSURE.—Subject to section

15 3486(f), upon ex parte motion of an attorney for the gov16 ernment showing that such disclosure would be of assist17 ance to enforce any provision of Federal law, a court may

18 direct the disclosure of any matter occurring before a

19 grand jury during an investigation of a Federal health

20 care offense (as defined in section 24(a) of this title) to

21 an attorney for the government to use in any investigation

22 or civil proceeding relating to fraud or false claims in con23 nection with a Federal health care program (as defined

24 in section 1128B(f) of the Social Security Act (42 U.S.C.

25 1320a–7b(f))).’’.
835

•S 899 IS

1 SEC. 7478. VICTIM RESTITUTION.

2 Section 413 of the Controlled Substances Act (21

3 U.S.C. 853) is amended by adding at the end the fol4 lowing:

5 ‘‘(r) VICTIM RESTITUTION.—

6 ‘‘(1) DEFINITION OF VICTIM.—

7 ‘‘(A) IN GENERAL.—In this subsection, the

8 term ‘victim’ means a person other than a per9 son with a legal right, title, or interest in the

10 forfeited property sufficient to satisfy the

11 standing requirements of subsection (n)(2) who

12 may be entitled to restitution from the forfeited

13 funds pursuant to section 9.8 of part 9 of title

14 28, Code of Federal Regulations (or any suc15 cessor regulation).

16 ‘‘(B) INCLUSIONS.—In this subsection, the

17 term ‘victim’ includes any person who is the vic18 tim of the offense giving rise to the forfeiture,

19 or of any offense that was part of the same

20 scheme, conspiracy, or pattern of criminal activ21 ity, including, in the case of a money laun22 dering offense, any offense constituting the un23 derlying specified unlawful activity.

24 ‘‘(2) SATISFACTION OF ORDER OF RESTITU25 TION.—
836

•S 899 IS

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

2 subparagraph (B), a defendant may not use

3 property subject to forfeiture under this section

4 to satisfy an order of restitution.

5 ‘‘(B) EXCEPTION.—If there are 1 or more

6 identifiable victims entitled to restitution from a

7 defendant, and the defendant has no assets

8 other than the property subject to forfeiture

9 with which to pay restitution to the victim or

10 victims, the attorney for the Government may

11 move to dismiss a forfeiture allegation against

12 the defendant before entry of a judgment of

13 forfeiture in order to allow the property to be

14 used by the defendant to pay restitution in

15 whatever manner the court determines to be ap16 propriate if the court grants the motion. In

17 granting a motion under this subparagraph, the

18 court shall include a provision ensuring that

19 costs associated with the identification, seizure,

20 management, and disposition of the property

21 are recovered by the United States.

22 ‘‘(3) RESTORATION OF FORFEITED PROP23 ERTY.—

24 ‘‘(A) IN GENERAL.—If an order of for25 feiture is entered pursuant to this section and
837

•S 899 IS

1 the defendant has no assets other than the for2 feited property to pay restitution to 1 or more

3 identifiable victims who are entitled to restitu4 tion, the Government shall restore the forfeited

5 property to the victims pursuant to subsection

6 (i)(1) once the ancillary proceeding under sub7 section (n) has been completed and the costs of

8 the forfeiture action have been deducted.

9 ‘‘(B) DISTRIBUTION OF PROPERTY.—On

10 motion of the attorney for the Government, the

11 court may enter any order necessary to facili12 tate the distribution of any property restored

13 under this paragraph.’’.

14 Subtitle D—Federal Law Enforce15 ment Agency Improvements

16 SEC. 7501. REPEAL OF PROVISION REQUIRING COMPILA17 TION OF STATISTICS RELATING TO INTIMIDA18 TION OF GOVERNMENT EMPLOYEES.

19 Section 808 of the Antiterrorism and Effective Death

20 Penalty Act of 1996 (110 Stat. 1310) is repealed.

21 SEC. 7502. FLIGHT TO AVOID PROSECUTION OR GIVING

22 TESTIMONY.

23 Section 1073 of title 18, United States Code, is

24 amended in the first sentence of the first undesignated
838

•S 899 IS

1 paragraph by inserting after ‘‘commerce’’ the following:

2 ‘‘, or enters or leaves Indian country,’’.

3 SEC. 7503. CONTRABAND IN PRISON.

4 Section 1791(d)(4) of title 18, United States Code,

5 is amended to read as follows:

6 ‘‘(4) PRISON.—The term ‘prison’ means any fa7 cility (including any privately owned facility) housing

8 any person detained under chapter 807 or under

9 section 242(i) of the Immigration and Nationality

10 Act (8 U.S.C. 1231(i)), or imprisoned under sub11 chapter C of chapter 229.’’.

12 SEC. 7504. PERSONNEL MANAGEMENT SYSTEM FOR CER13 TAIN POSITIONS IN THE FEDERAL BUREAU

14 OF INVESTIGATION.

15 Section 122 of Public Law 105–119 (111 Stat. 2469)

16 is amended—

17 (1) in subsection (a), by striking ‘‘3-year pe18 riod’’ and inserting ‘‘4-year period’’; and

19 (2) in subsection (h), by adding at the end the

20 following: ‘‘An employee may not be separated from

21 employment with the Federal Bureau of Investiga22 tion or receive a reduction in pay by reason of the

23 termination of authority.’’.

24 SEC. 7505. HUMANITARIAN ASSISTANCE.

25 (a) FINDINGS.—Congress finds that—
839

•S 899 IS

1 (1) the employees of the Drug Enforcement Ad2 ministration and the Federal Bureau of Investiga3 tion unselfishly give of themselves, and they make

4 significant personal sacrifices in the performance of

5 their official duties;

6 (2) unfortunately, given the unique and de7 manding nature of their jobs and the unpredictable

8 risks associated with their duties, employees of those

9 agencies may be seriously injured, become seriously

10 ill, or be killed during the performance of official du11 ties; and

12 (3) in 1990, Congress recognized the tremen13 dous sacrifice made by those employees and author14 ized the Drug Enforcement Administration and the

15 Federal Bureau of Investigation to expend appro16 priated funds for humanitarian assistance designed

17 to aid, assist, or comfort employees or their imme18 diate families in appropriate instances.

19 (b) AMENDMENT.—Title XXXII of the Crime Control

20 Act of 1990 is amended by striking section 3201 (Public

21 Law 101–647; 28 U.S.C. 509 note) and inserting the fol22 lowing:

23 ‘‘SEC. 3201. HUMANITARIAN ASSISTANCE.

24 ‘‘(a) FINANCIAL ASSISTANCE.—The Administrator of

25 Drug Enforcement Administration (referred to in this sec-
840

•S 899 IS

1 tion as the ‘Administrator’), in the sole discretion of the

2 Administrator, and the Director of the Federal Bureau of

3 Investigation (referred to in this section as the ‘Director’),

4 in the sole discretion of the Director, may pay humani5 tarian assistance expenses incurred—

6 ‘‘(1) by an employee of the Drug Enforcement

7 Administration or Federal Bureau of Investigation

8 as a result of serious illness, serious injury, or death

9 of the employee occurring while on official business;

10 or

11 ‘‘(2) by a member of the immediate family of

12 such an employee, incident to the serious illness, se13 rious injury, or death of the employee occurring

14 while on official business.

15 ‘‘(b) OTHER ASSISTANCE.—The Administrator and

16 the Director may use Government equipment (including

17 vehicles) and incidental materials in humanitarian matters

18 involving the serious injury, serious illness, or death of an

19 employee occurring while on official business when nec20 essary to provide comfort, assistance, or aid to the em21 ployee or the immediate family of the employee, so long

22 as such use would not interfere with the mission and re23 sponsibilities of the Drug Enforcement Administration or

24 the Federal Bureau of Investigation.
841

•S 899 IS

1 ‘‘(c) REGULATIONS AND PROCEDURES.—The Admin2 istrator and the Director may promulgate regulations and

3 procedures to carry out this section.

4 ‘‘(d) RIGHTS AND BENEFITS.—This section does not

5 convey or imply the conveyance of any right or benefit,

6 substantive or procedural in nature, enforceable at law by

7 an individual seeking to compel the payment of any ex8 penses or the performance of any action by the Drug En9 forcement Administration or the Federal Bureau of Inves10 tigation under this section.

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this

13 section—

14 ‘‘(1) to the Drug Enforcement Administration,

15 $50,000 for each fiscal year; and

16 ‘‘(2) to the Federal Bureau of Investigation,

17 $50,000 for each fiscal year.’’.

18 SEC. 7506. SCHOLARSHIP PROGRAM.

19 (a) FINDINGS.—Congress finds that—

20 (1) the demands on supervisors in law enforce21 ment agencies are growing more challenging every

22 year;

23 (2) it is essential that law enforcement super24 visors be well equipped to meet those demands;
842

•S 899 IS

1 (3) additional educational opportunities would

2 make law enforcement supervisors more effective

3 managers and would directly benefit their agencies;

4 and

5 (4) a Federal program allowing qualified man6 agers to attend graduate school full time on a Gov7 ernment scholarship while receiving regular pay and

8 benefits, in order to obtain a masters degree in a

9 job-related field, would help to better prepare law

10 enforcement supervisors to meet the demands placed

11 on them.

12 (b) ESTABLISHMENT OF PROGRAM.—

13 (1) IN GENERAL.—The heads of the Depart14 ment of Justice law enforcement agencies may,

15 under regulations promulgated by the Attorney Gen16 eral, send employees in supervisory positions as stu17 dents to accredited masters degree programs in

18 areas related to their jobs.

19 (2) LIMITATION.—Not more than 10 such em20 ployees from each law enforcement agency may

21 begin such training in any fiscal year.

22 (3) ELIGIBILITY.—To be eligible for training

23 under subsection (a), an employee—

24 (A) shall be a citizen of the United States;
843

•S 899 IS

1 (B) shall have served with the agency for

2 a period of not less than 6 years;

3 (C) shall be in pay grade GS–13 or above

4 as of the time the training begins; and

5 (D) shall sign an agreement that, unless

6 sooner separated from employment with the

7 agency, the employee will—

8 (i) complete the educational course of

9 training; and

10 (ii) agree to—

11 (I) serve in the law enforcement

12 agency following completion or other

13 termination of training for a period of

14 time determined under regulations

15 promulgated by the Attorney General;

16 or

17 (II) reimburse the agency pro

18 rata for the costs of the training.

19 (4) SELECTION.—Employees of a law enforce20 ment agency shall be selected for training under

21 paragraph (1) on a competitive basis under regula22 tions promulgated by the Attorney General.

23 (5) EDUCATIONAL EXPENSES.—Educational ex24 penses of a law enforcement agency incurred inci25 dent to the training of employees under this section
844

•S 899 IS

1 (including tuition, fees, books, and laboratory ex2 penses) shall be paid from any funds appropriated

3 for the agency.

4 SEC. 7507. NONCOMPETITIVE CONVERSION TO CAREER AP5 POINTMENTS OF CERTAIN EMPLOYEES OF

6 THE DRUG ENFORCEMENT ADMINISTRATION.

7 (a) IN GENERAL.—An employee of the Drug En8 forcement Administration who is serving under a Schedule

9 B appointment under authority of title 5, Code of Federal

10 Regulations and section 213.3201(a) (Office of Personnel

11 Management Schedule B appointment authorization num12 ber 213.3210(c)), in the discretion of the Administrator

13 of the Drug Enforcement Administration, may be con14 verted noncompetitively to a career or a career-conditional

15 appointment on completion of at least 3 years of full time

16 service, if—

17 (1) the employee’s past performance and con18 duct has been satisfactory; and

19 (2) the employee meets qualifications and other

20 requirements established by the Director of the Of21 fice of Personnel Management.

22 (b) SCHEDULE B APPOINTMENTS.—

23 (1) IN GENERAL.—The Administrator of the

24 Drug Enforcement Administration may grant Sched-
845

•S 899 IS

1 ule B appointments to individuals who are selected

2 for positions in the GS–132 or GS–1801 job series.

3 (2) CONVERSION.—Individuals hired under ap4 pointments under paragraph (1) may be converted

5 to career or career-conditional appointments on sat6 isfaction of the conditions stated in subsection (a).

7 SEC. 7508. OFFICE OF PROFESSIONAL RESPONSIBILITY.

8 Section 506(a) of the Controlled Substances Act (21

9 U.S.C. 876(a)) is amended in the first sentence by insert10 ing ‘‘or in any investigation into an allegation of mis11 conduct by an employee of the Drug Enforcement Admin12 istration’’ after ‘‘encapsulating machines’’.

13 SEC. 7509. CUSTOMS CYBERSMUGGLING CENTER.

14 (a) FINDINGS.—Congress finds that—

15 (1) in August, 1977, the United States Cus16 toms Service established the Customs

17 Cybersmuggling Center (C3);

18 (2) C3 is responsible for the investigation of

19 violations related to, inter alia, international child

20 pornography, child exploitation, and child sex tour21 ism; drug trafficking; the violation of Intellectual

22 Property Rights (IPR) statutes; the trafficking in

23 weapons of mass destruction, their delivery systems,

24 and spare parts; and international money laun25 dering;
846

•S 899 IS

1 (3) the goals and objectives of C3 are—

2 (A) to direct and coordinate the United

3 States Customs Service cybersmuggling initia4 tives;

5 (B) to maximize and optimize the utiliza6 tion of all available United States Customs

7 Service resources to combat cybersmuggling ac8 tivity;

9 (C) to complement and support the inves10 tigative programs of the United States Customs

11 Service, Office of Investigations;

12 (D) to identify, prepare for, and prevent

13 future uses of cyberspace for the conduct of

14 smuggling-related activity;

15 (E) to develop the necessary capabilities

16 that will enable the United States Customs

17 Service to meet future threats facilitated by the

18 use of cyberspace;

19 (F) to protect the health and welfare of

20 United States citizens, other residents, and in21 dustry from smuggling activity perpetrated and/

22 or facilitated through the use of international

23 cyberspace;
847

•S 899 IS

1 (G) to protect United States businesses

2 and industry from international economic espio3 nage facilitated by the use of cyberspace;

4 (H) to increase compliance with the laws,

5 regulations, policies, and procedures governing

6 international commerce, travel, and transpor7 tation;

8 (I) to identify and target for investigation

9 international cybersmuggling violators and vio10 lations;

11 (J) to coordinate international

12 cybersmuggling investigations on behalf of the

13 United States Customs Service;

14 (K) to assist and support United States

15 Customs Services field offices investigate

16 cybersmuggling activity for the purpose of ef17 fecting arrests, indictments, and convictions;

18 (L) to assist and support United States

19 Customs Service field offices interdict, seize,

20 and forfeit illegal and illicit merchandise and

21 cargo entering and/or exiting the United States

22 by illegal means, whose transportation is facili23 tated through the use of the Internet or other

24 cyberspacial media;
848

•S 899 IS

1 (M) to assist and support the United

2 States Customs Service in the identification and

3 seizure of assets derived from cybersmuggling4 related activities; and

5 (N) to terminate and otherwise disrupt the

6 use of international cyberspace for illegal and il7 licit purposes while, at the same time, pro8 tecting the rights of United States citizens as

9 granted by the Constitution and laws of the

10 United States;

11 (4) C3 oversees, among other things—

12 (A) the National Child Pornography and

13 Child Sexual Exploitation Program, which is re14 sponsible for coordinating all child pornog15 raphy/child sexual exploitation investigations

16 and related matters on behalf of the United

17 States Customs Service;

18 (B) the National Computer Forensics Pro19 gram, which is responsible for coordinating all

20 computer forensics activity within the United

21 States Customs Service as well as oversight and

22 supervision of the CIS 2000 initiative as it ap23 plies to the United States Customs Service; and

24 (C) the National Cybersmuggling Program,

25 which is responsible for the identification and
849

•S 899 IS

1 development of nonchild pornography/child sex2 ual exploitation-related targets suspected of

3 being involved in cybersmuggling activities and,

4 once identified, for providing the responsible

5 United States Customs Service field office with

6 the information necessary to support indict7 ment, arrest, seizure, and forfeiture; and

8 (5) additional funding is required for the

9 United States Customs Cybersmuggling Center to

10 effectively perform its functions.

11 (b) AUTHORIZATION OF APPROPRIATIONS FOR

12 UNITED STATES CUSTOMS CYBERSMUGGLING CENTER.—

13 (1) AUTHORIZATION OF APPROPRIATIONS.—

14 There is authorized to be appropriated to the United

15 States Customs Service $5,000,000 for each of the

16 fiscal years 2000, 2001, 2002, and 2003, to carry

17 out the programs established by the Cybersmuggling

18 Center of the United States Customs Service.

19 (2) USE OF AMOUNTS FOR CHILD PORNOG20 RAPHY CYBER TIPLINE.—Of the amounts appro21 priated under paragraph (1), the United States Cus22 toms Service shall provide 2.50 percent of each fiscal

23 year appropriation to the National Center for Miss24 ing and Exploited Children for the operation of the
850

•S 899 IS

1 child pornography cyber tipline of the Center and for

2 increased public awareness of the tipline.

3 (3) DISCRETIONARY AUTHORITY.—Of the re4 maining amounts appropriated under paragraph (1),

5 the United States Customs Service may allocate

6 such funds for the hiring and retention of agents

7 and other necessary personnel, the purchase of

8 equipment and supplies, and for training and edu9 cational purposes, as are consistent with the attain10 ment of the goals and objectives described in sub11 section (a).

12 TITLE VIII—21st CENTURY DE13 PARTMENT OF JUSTICE AP14 PROPRIATIONS AUTHORIZA15 TION ACT

16 SEC. 8001. SHORT TITLE.

17 This title may be cited as the ‘‘21st Century Depart18 ment of Justice Appropriations Authorization Act’’.

19 Subtitle A—Authorization of Ap20 propriations for Fiscal Years

21 2000, 2001, and 2002

22 SEC. 8101. SPECIFIC SUMS AUTHORIZED TO BE APPRO23 PRIATED.

24 There are authorized to be appropriated for fiscal

25 years 2000, 2001, and 2002, to carry out the activities
851

•S 899 IS

1 of the Department of Justice (including, without limita2 tion, any bureau, office, board, division, commission, sub3 division, unit, or other component thereof), the following

4 sums:

5 (1) For General Administration: $249,989,000

6 for fiscal year 2000, $262,489,000 for fiscal year

7 2001, and $275,613,450 for fiscal year 2002.

8 (2) For Administrative Review and Appeals

9 (administration of pardon and clemency petitions

10 and for immigration-related activities):

11 $152,106,000 for fiscal year 2000, $159,712,000 for

12 fiscal year 2001, and $167,697,600 for fiscal year

13 2002.

14 (3) For the Office of Inspector General:

15 $36,341,000 for fiscal year 2000, $38,158,000 for

16 fiscal year 2001, and $40,065,900 for fiscal year

17 2002, which shall include for each such year, with18 out limitation, not to exceed $10,000 to meet un19 foreseen emergencies of a confidential character, to

20 be expended under the direction of the Attorney

21 General, and to be accounted for solely on the cer22 tificate of the Attorney General.

23 (4) For General Legal Activities: $509,781,000

24 for fiscal year 2000, $535,270,000 for fiscal year

25 2001, and $562,033,500 for fiscal year 2002, which
852

•S 899 IS

1 shall include for each such year, without

2 limitation—

3 (A) not less than $4,000,000 for the inves4 tigation and prosecution of denaturalization and

5 deportation cases involving alleged Nazi war

6 criminals; and

7 (B) not to exceed $20,000 to meet unfore8 seen emergencies of a confidential character, to

9 be expended under the direction of the Attorney

10 General, and to be accounted for solely on the

11 certificate of the Attorney General.

12 (5) For the Antitrust Division: $107,987,000

13 for fiscal year 2000, $113,386,000 for fiscal year

14 2001, and $119,055,300 for fiscal year 2002.

15 (6) For United States Attorneys:

16 $1,162,343,000 for fiscal year 2000,

17 $1,220,460,000 for fiscal year 2001, and

18 $1,281,483,000 for fiscal year 2002.

19 (7) For the Federal Bureau of Investigation:

20 $3,164,679,000 for fiscal year 2000,

21 $3,322,913,000 for fiscal year 2001, and

22 $3,489,058,600 for fiscal year 2002, which shall in23 clude for each such year, without limitation—
853

•S 899 IS

1 (A) not to exceed $14,146,000 for con2 struction, to remain available until expended;

3 and

4 (B) not to exceed $70,000 to meet unfore5 seen emergencies of a confidential character, to

6 be expended under the direction of the Attorney

7 General, and to be accounted for solely on the

8 certificate of the Attorney General.

9 (8) For the United States Marshals Service:

10 $554,785,000 for fiscal year 2000, $582,525,000 for

11 fiscal year 2001, and $611,651,250 for fiscal year

12 2002, which shall include for each such year, with13 out limitation—

14 (A) not to exceed $6,300,000 for construc15 tion, to remain available until expended; and

16 (B) $10,000,000 for administrative ex17 penses of the Justice Prisoner and Alien Trans18 portation System, to remain available until ex19 pended.

20 (9) For the Drug Enforcement Administration:

21 $1,252,358,000 for fiscal year 2000,

22 $1,314,994,000 for fiscal year 2001, and

23 $1,380,743,700 for fiscal year 2002, which shall in24 clude for each such year, without limitation—
854

•S 899 IS

1 (A) not to exceed $8,000,000 for construc2 tion, to remain available until expended;

3 (B) not to exceed $70,000 to meet unfore4 seen emergencies of a confidential character, to

5 be expended under the direction of the Attorney

6 General, and to be accounted for solely on the

7 certificate of the Attorney General or the Dep8 uty Attorney General; and

9 (C) not to exceed $15,000,000 for diver10 sion control.

11 (10) For the Immigration and Naturalization

12 Service: $2,839,756,000 for fiscal year 2000,

13 $2,981,544,000 for fiscal year 2001, and

14 $3,130,621,200 for fiscal year 2002, which shall in15 clude for each such year, without limitation—

16 (A) not to exceed $118,170,000 for con17 struction, to remain available until expended;

18 (B) not to exceed $50,000 to meet unfore19 seen emergencies of a confidential character to

20 be expended under the direction of the Attorney

21 General and to be accounted for solely on the

22 certificate of the Attorney General; and

23 (C) $4,000,000 for each fiscal year to es24 tablish and operate—
855

•S 899 IS

1 (i) a district office in Memphis, Ten2 nessee, for the States of Tennessee, Arkan3 sas, and Kentucky, and the portion of the

4 State of Mississippi north of the city of

5 Jackson;

6 (ii) a district office in San Jose, Cali7 fornia, for the counties of Monterey, Santa

8 Clara, San Benito, and Santa Cruz of the

9 State of California;

10 (iii) a suboffice in Nashville, Ten11 nessee, for the counties of Anderson,

12 Blount, Campbell, Cannon, Carter,

13 Cheatham, Claiborne, Clay, Cocke, Cum14 berland, Davidson, DeKalb, Dickson, Fen15 tress, Grainger, Greene, Hamblen, Han16 cock, Hawkins, Houston, Humphreys,

17 Jackson, Jefferson, Johnson, Knox,

18 Loudon, Macon, Monroe, Montgomery,

19 Morgan, Overton, Pickett, Putnam, Roane,

20 Robertson, Rutherford, Scott, Sevier,

21 Smith, Stewart, Sullivan, Sumner,

22 Trousdale, Unicoi, Union, Washington,

23 White, Williamson, and Wilson of the State

24 of Tennessee;
856

•S 899 IS

1 (iv) a district office in Charlotte,

2 North Carolina, for the States of North

3 Carolina and South Carolina; and

4 (v) a suboffice in St. George, Utah,

5 for the counties of Washington, Kane,

6 Iron, Garfield, San Juan, Wayne, Piute,

7 Beaver, Sevier, and Millard.

8 (11) For Fees and Expenses of Witnesses:

9 $99,750,000 for fiscal year 2000, $104,738,000 for

10 fiscal year 2001, and $109,974,900 for fiscal year

11 2002, to remain available until expended, which

12 shall include for each such year, without limitation,

13 not to exceed $6,000,000 for construction relating to

14 protected witness safe sites.

15 (12) For Interagency Crime and Drug Enforce16 ment (expenses, not otherwise provided for, relating

17 to the investigation and prosecution of individuals

18 involved in organized crime drug trafficking):

19 $319,215,000 for fiscal year 2000, $335,176,000 for

20 fiscal year 2001, and $351,934,800 for fiscal year

21 2002.

22 (13) For the Federal Prison System, including

23 the National Institute of Corrections:

24 $4,733,900,000 for fiscal year 2000,
857

•S 899 IS

1 $4,970,595,000 for fiscal year 2001, and

2 $5,219,124,700 for fiscal year 2002.

3 (14) For the Foreign Claims Settlement Com4 mission: $1,402,000 for fiscal year 2000,

5 $1,472,000 for fiscal year 2001, and $1,545,600 for

6 fiscal year 2002.

7 (15) For the Community Relations Service:

8 $5,000,000 for fiscal year 2000, $4,500,000 for fis9 cal year 2001, and $4,000,000 for fiscal year 2002.

10 (16) For the Assets Forfeiture Fund (expenses

11 authorized by section 524 of title 28, United States

12 Code): $24,150,000 for fiscal year 2000,

13 $25,358,000 for fiscal year 2001, and $26,625,900

14 for fiscal year 2002.

15 (17) For Federal Prisoner Detention:

16 $526,428,000 for fiscal year 2000, $552,749,400 for

17 fiscal year 2001, and $580,386,700 for fiscal year

18 2002, to remain available until expended.

19 (18) For the United States Parole Commission:

20 $8,002,000 for fiscal year 2000, $8,402,000 for fis21 cal year 2001, and $8,822,100 for fiscal year 2002.

22 (19) For official reception and representation

23 expenses of the Department of Justice (including

24 any bureau, office, board, division, commission, sub25 division, unit, or other component thereof), not to
858

•S 899 IS

1 exceed $200,000 for each of fiscal years 2000, 2001,

2 and 2002.

3 SEC. 8102. FEDERAL PRISON INDUSTRIES.

4 Notwithstanding chapter 307 of title 18, United

5 States Code, not to exceed $3,429,000 for fiscal year

6 2000, not to exceed $3,601,000 for fiscal year 2001, and

7 not to exceed $3,781,050 for fiscal year 2002, of the funds

8 available to Federal Prison Industries may be used for—

9 (1) administrative expenses; and

10 (2) services authorized by section 3109 of title

11 5, United States Code, all to be computed on an ac12 crual basis in accordance with the current prescribed

13 accounting system of Federal Prison Industries.

14 Such funds shall be exclusive of depreciation, pay15 ment of claims, and expenditures that such account16 ing system requires to be capitalized or charged to

17 the cost of commodities acquired or produced (in18 cluding, without limitation, selling and shipping ex19 penses) and expenses incurred in connection with ac20 quisition, construction, operation, maintenance, im21 provement, protection, or disposition of facilities and

22 other property of Federal Prison Industries.
859

•S 899 IS

1 SEC. 8103. APPOINTMENT OF ADDITIONAL ASSISTANT

2 UNITED STATES ATTORNEYS; REDUCTION OF

3 CERTAIN LITIGATION POSITIONS.

4 (a) APPOINTMENTS.—Not later than September 30,

5 2001, the Attorney General may exercise authority under

6 section 542 of title 28, United States Code, to appoint

7 200 assistant United States attorneys in addition to the

8 number of assistant United States attorneys serving on

9 the date of enactment of this Act.

10 (b) SELECTION OF APPOINTEES.—Individuals first

11 appointed under subsection (a) shall be appointed from

12 among attorneys who are incumbents of 200 full-time liti13 gation positions in divisions of the Department of Justice

14 and whose official duty station is at the seat of Govern15 ment.

16 (c) TERMINATION OF POSITIONS.—Each of the 200

17 litigation positions that become vacant by reason of an ap18 pointment made in accordance with subsections (a) and

19 (b) shall be terminated at the time the vacancy arises.

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to carry out this section

22 such sums as are necessary for fiscal years 2000 and

23 2001.
860

•S 899 IS

1 Subtitle B—Authorizations of Ap2 propriations for Specific Pro3 grams

4 SEC. 8201. AMENDMENTS TO THE CRIME CONTROL AND

5 LAW ENFORCEMENT ACT OF 1994.

6 (a) EXPEDITIOUS DEPORTATION FOR DENIED ASY7 LUM APPLICANTS.—Section 130005(c) of the Violent

8 Crime Control and Law Enforcement Act of 1994 (8

9 U.S.C. 1158 note) is amended—

10 (1) in paragraph (3), by striking ‘‘and’’ at the

11 end;

12 (2) in paragraph (4), by striking the period at

13 the end and inserting a semicolon; and

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

15 ‘‘(5) $90,000,000 for fiscal year 2000;

16 ‘‘(6) $90,000,000 for fiscal year 2001; and

17 ‘‘(7) $90,000,000 for fiscal year 2002.’’.

18 (b) AMENDMENTS TO VIOLENCE AGAINST WOMEN

19 ACT OF 1994.—Section 40114 of the Violence Against

20 Women Act of 1994 (Public Law 103–322; 108 Stat.

21 1910) is amended—

22 (1) in paragraph (2), by striking ‘‘and’’ at the

23 end;

24 (2) in paragraph (3), by striking the period at

25 the end and inserting a semicolon; and
861

•S 899 IS

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

2 ‘‘(4) $500,000 for fiscal year 2000;

3 ‘‘(5) $500,000 for fiscal year 2001; and

4 ‘‘(6) $500,000 for fiscal year 2002.’’.

5 (c) BORDER CONTROL IMPROVEMENT.—Section

6 130006(a) of the Violent Crime Control and Law Enforce7 ment Act of 1994 (8 U.S.C. 1101 note) is amended—

8 (1) in paragraph (3), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (4), by striking the period at

11 the end and inserting a semicolon; and

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

13 ‘‘(5) $477,750,000 for fiscal year 2000;

14 ‘‘(6) $501,637,500 for fiscal year 2001; and

15 ‘‘(7) $526,719,370 for fiscal year 2002.’’.

16 (d) EXPANDED SPECIAL DEPORTATION PRO17 CEEDINGS.—Section 130007(d) of the Violent Crime Con18 trol and Law Enforcement Act of 1994 (8 U.S.C. 1252

19 note) is amended—

20 (1) in paragraph (3), by striking ‘‘and’’ at the

21 end;

22 (2) in paragraph (4), by striking the period at

23 the end and inserting a semicolon; and

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

25 ‘‘(5) $236,000,000 for fiscal year 2000;
862

•S 899 IS

1 ‘‘(6) $236,000,000 for fiscal year 2001; and

2 ‘‘(7) $236,000,000 for fiscal year 2002.’’.

3 (e) TRAINING PROGRAMS.—Section 40152(c) of the

4 Violent Crime Control and Law Enforcement Act of 1994

5 (42 U.S.C. 13941(c)) is amended by striking paragraphs

6 (1) and (2), and inserting the following:

7 ‘‘(1) $1,000,000 for fiscal year 2000;

8 ‘‘(2) $1,000,000 for fiscal year 2001; and

9 ‘‘(3) $1,000,000 for fiscal year 2002.’’.

10 (f) MISSING ALZHEIMER’S DISEASE PATIENT ALERT

11 PROGRAM.—Section 240001(d) of the Violent Crime Con12 trol and Law Enforcement Act of 1994 (42 U.S.C.

13 14181(d)) is amended—

14 (1) in paragraph (2), by striking ‘‘and’’ at the

15 end;

16 (2) in paragraph (3), by striking the period at

17 the end and inserting a semicolon; and

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

19 ‘‘(4) $900,000 for fiscal year 2000;

20 ‘‘(5) $900,000 for fiscal year 2001; and

21 ‘‘(6) $900,000 for fiscal year 2002.’’.

22 (g) MOTOR VEHICLE THEFT PREVENTION PRO23 GRAM.—Section 220002(h) of the Violent Crime Control

24 and Law Enforcement Act of 1994 (42 U.S.C. 14171(h))

25 is amended—
863

•S 899 IS

1 (1) in paragraph (2), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (3), by striking the period at

4 the end and inserting a semicolon; and

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

6 ‘‘(4) $750,000 for fiscal year 2000;

7 ‘‘(5) $750,000 for fiscal year 2001; and

8 ‘‘(6) $750,000 for fiscal year 2002.’’.

9 (h) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

10 ENFORCEMENT ASSISTANCE ACT.—Section 40295(c)(1)

11 of the Violent Crime Control and Law Enforcement Act

12 of 1994 (42 U.S.C. 13971(c)(1)) is amended—

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

14 the end;

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

16 at the end and inserting a semicolon; and

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

18 ‘‘(D) $15,000,000 for fiscal year 2000;

19 ‘‘(E) $15,000,000 for fiscal year 2001; and

20 ‘‘(F) $15,000,000 for fiscal year 2002.’’.

21 SEC. 8202. AMENDMENTS TO THE ANTITERRORISM AND EF22 FECTIVE DEATH PENALTY ACT OF 1996.

23 The Antiterrorism and Effective Death Penalty Act

24 of 1996 (Public Law 104–132; 110 Stat. 1214) is

25 amended—
864

•S 899 IS

1 (1) in section 819(b), by striking ‘‘for fiscal’’

2 and all that follows through ‘‘section’’, and inserting

3 ‘‘to carry out this section $5,000,000 for fiscal year

4 2000, $5,000,000 for fiscal year 2001, and

5 $5,000,000 for fiscal year 2002’’; and

6 (2) in section 821, by striking ‘‘not more than

7 $10,000,000 for fiscal year 1997’’ and inserting

8 ‘‘$10,000,000 for fiscal year 2000, $10,000,000 for

9 fiscal year 2001, and $10,000,000 for fiscal year

10 2002’’.

11 SEC. 8203. COMMUNICATIONS ASSISTANCE.

12 The Communications Assistance for Law Enforce13 ment Act (47 U.S.C. 1001 et seq.) is amended—

14 (1) in section 108(c)(3), by striking ‘‘on or be15 fore January 1, 1995’’ and inserting ‘‘before Octo16 ber 1, 2000’’;

17 (2) in section 109—

18 (A) in subsection (a)—

19 (i) in the subsection heading, by strik20 ing ‘‘JANUARY 1, 1995’’ and inserting

21 ‘‘OCTOBER 1, 2000’’; and

22 (ii) by striking ‘‘January 1, 1995’’

23 and inserting ‘‘October 1, 2000’’;

24 (B) in subsection (b)—
865

•S 899 IS

1 (i) in the subsection heading, by strik2 ing ‘‘JANUARY 1, 1995’’ and inserting

3 ‘‘OCTOBER 1, 2000’’;

4 (ii) in paragraph (1)—

5 (I) in the matter preceding sub6 paragraph (A) by striking ‘‘January

7 1, 1995’’ and inserting ‘‘October 1,

8 2000’’; and

9 (II) in subparagraph (J), by

10 striking ‘‘January 1, 1995’’ and in11 serting ‘‘October 1, 2000’’; and

12 (iii) in paragraph (2), by striking

13 ‘‘January 1, 1995’’ and inserting ‘‘October

14 1, 2000’’; and

15 (C) in subsection (d)—

16 (i) in the subsection heading, by strik17 ing ‘‘JANUARY 1, 1995’’ and inserting

18 ‘‘OCTOBER 1, 2000’’; and

19 (ii) by striking ‘‘January 1, 1995’’

20 and inserting ‘‘October 1, 2000’’;

21 (3) in section 110, by striking ‘‘and 1998’’ and

22 inserting ‘‘1998, 1999, and 2000’’; and

23 (4) in section 111(b), by striking ‘‘on the date

24 that is 4 years after the date of enactment of this

25 Act’’ and inserting ‘‘October 1, 2000’’.
866

•S 899 IS

1 SEC. 8204. CRIMINAL ALIEN ASSISTANCE.

2 Section 241(i)(5) of the Immigration and Nationality

3 Act (8 U.S.C. 1231(i)(5)) is amended by striking subpara4 graphs (A) through (F) and inserting the following:

5 ‘‘(A) $800,000,000 for fiscal year 2000;

6 ‘‘(B) $850,000,000 for fiscal year 2001;

7 and

8 ‘‘(C) $900,000,000 for fiscal year 2002.’’.

9 SEC. 8205. VIOLENT CRIME REDUCTION TRUST FUND.

10 (a) IN GENERAL.—Section 310001(b) of the Violent

11 Crime Control and Law Enforcement Act of 1994 (42

12 U.S.C. 14211) is amended by striking paragraphs (1)

13 through (5) and inserting the following:

14 ‘‘(1) for fiscal year 2001, $6,025,000,000;

15 ‘‘(2) for fiscal year 2002, $6,169,000,000;

16 ‘‘(3) for fiscal year 2003, $6,316,000,000;

17 ‘‘(4) for fiscal year 2004, $6,458,000,000; and

18 ‘‘(5) for fiscal year 2005, $6,616,000,000.’’.

19 (b) DISCRETIONARY LIMITS.—Title XXXI of the Vio20 lent Crime Control and Law Enforcement Act of 1994 (42

21 U.S.C. 14211 et seq.) is amended by inserting after sec22 tion 310001 the following:

23 ‘‘SEC. 310002. DISCRETIONARY LIMITS.

24 ‘‘(a) DISCRETIONARY LIMITS.—For the purposes of

25 allocations made for the discretionary category pursuant

26 to section 302(a) of the Congressional Budget Act of 1974
867

•S 899 IS

1 (2 U.S.C. 633(a)), the term ‘discretionary spending limit’

2 means—

3 ‘‘(1) with respect to fiscal year 2001—

4 ‘‘(A) for the discretionary category,

5 amounts of budget authority and outlays nec6 essary to adjust the discretionary spending lim7 its to reflect the changes in subparagraph (B)

8 as determined by the Chairman of the Budget

9 Committee; and

10 ‘‘(B) for the violent crime reduction cat11 egory: $6,025,000,000 in new budget authority

12 and $5,718,000,000 in outlays;

13 ‘‘(2) with respect to fiscal year 2002—

14 ‘‘(A) for the discretionary category,

15 amounts of budget authority and outlays nec16 essary to adjust the discretionary spending lim17 its to reflect the changes in subparagraph (B)

18 as determined by the Chairman of the Budget

19 Committee; and

20 ‘‘(B) for the violent crime reduction cat21 egory: $6,169,000,000 in new budget authority

22 and $6,020,000,000 in outlays; and

23 ‘‘(3) with respect to fiscal year 2003—

24 ‘‘(A) for the discretionary category,

25 amounts of budget authority and outlays nec-
868

•S 899 IS

1 essary to adjust the discretionary spending lim2 its to reflect the changes in subparagraph (B)

3 as determined by the Chairman of the Budget

4 Committee; and

5 ‘‘(B) for the violent crime reduction cat6 egory: $6,316,000,000 in new budget authority

7 and $6,161,000,000 in outlays;

8 ‘‘(4) with respect to fiscal year 2004—

9 ‘‘(A) for the discretionary category,

10 amounts of budget authority and outlays nec11 essary to adjust the discretionary spending lim12 its to reflect the changes in subparagraph (B)

13 as determined by the Chairman of the Budget

14 Committee; and

15 ‘‘(B) for the violent crime reduction cat16 egory: $6,458,000 in new budget authority and

17 $6,303,000,000 in outlays; and

18 ‘‘(5) with respect to fiscal year 2005—

19 ‘‘(A) for the discretionary category,

20 amounts of budget authority and outlays nec21 essary to adjust the discretionary spending lim22 its to reflect the changes in subparagraph (B)

23 as determined by the Chairman of the Budget

24 Committee; and
869

•S 899 IS

1 ‘‘(B) for the violent crime reduction cat2 egory: $6,616,000 in new budget authority and

3 $6,452,000,000 in outlays;

4 as adjusted in accordance with section 251(b) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985

6 (2 U.S.C. 901(b)) and section 314 of the Congressional

7 Budget Act of 1974.’’.

8 ‘‘(b) POINT OF ORDER IN THE SENATE.—

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), it shall not be in order in the Senate to

11 consider—

12 ‘‘(A) any concurrent resolution on the

13 budget for any of the fiscal years 2001 through

14 2005 (or amendment, motion, or conference re15 port on such a resolution) that provides discre16 tionary spending in excess of the discretionary

17 spending limit or limits for such fiscal year; or

18 ‘‘(B) any bill or resolution (or amendment,

19 motion, or conference report on such bill or res20 olution) for any of the fiscal years 2001

21 through 2005 that would cause any of the lim22 its in this section (or suballocations of the dis23 cretionary limits made under section 302(b) of

24 the Congressional Budget Act of 1974 (2

25 U.S.C. 633(b))) to be exceeded.
870

•S 899 IS

1 ‘‘(2) EXCEPTION.—This section shall not apply

2 if a declaration of war by Congress is in effect or

3 if a joint resolution under section 258 of the Bal4 anced Budget and Emergency Deficit Control Act of

5 1985 (2 U.S.C. 907a) has been enacted.

6 ‘‘(c) WAIVER.—This section may be waived or sus7 pended in the Senate only by an affirmative vote of three8 fifths of the members of the Senate, duly chosen and

9 sworn.

10 ‘‘(d) APPEALS.—

11 ‘‘(1) TIME.—Appeals in the Senate from the

12 decisions of the Chair relating to any provision of

13 this section shall be limited to 1 hour, to be equally

14 divided between, and controlled by, the appellant

15 and the manager of the concurrent resolution, bill,

16 or joint resolution, as the case may be.

17 ‘‘(2) VOTE TO SUSTAIN APPEAL.—An affirma18 tive vote of three-fifths of the members of the Sen19 ate, duly chosen and sworn, shall be required in the

20 Senate to sustain an appeal of the ruling of the

21 Chair on a point of order raised under this sub22 section.

23 ‘‘(e) DETERMINATION OF BUDGET LEVELS.—For

24 purposes of this section, the levels of new budget author25 ity, outlays, new entitlement authority, revenues, and defi-
871

•S 899 IS

1 cits for a fiscal year shall be determined on the basis of

2 estimates made by the Committee on the Budget of the

3 Senate.’’.

4 Subtitle C—Permanent Enabling

5 Provisions

6 SEC. 8301. PERMANENT AUTHORITY.

7 (a) IN GENERAL.—Chapter 31 of title 28, United

8 States Code, is amended by adding at the end the fol9 lowing:

10 ‘‘§ 530C. Authority to use available funds

11 ‘‘(a) IN GENERAL.—Except to the extent provided

12 otherwise by law applicable to funds available to carry out

13 the activities of the Department of Justice (including,

14 without limitation, any bureau, office, board, division,

15 commission, subdivision, unit, or other component thereof)

16 and in addition to authority provided in subsections (a)

17 and (b) of section 524, or any other provision of law con18 sistent herewith, including, without limitation, Public Law

19 96–132 (93 Stat. 1040), section 102(b) of Public Law

20 102–395 (106 Stat. 1838), and section 815(d) of Public

21 Law 104–132 (110 Stat. 1315), the Attorney General may

22 use such funds as provided in subsection (b).

23 ‘‘(b) PERMITTED USES.—

24 ‘‘(1) GENERAL PERMITTED USES.—Such funds

25 may be used for the following:
872

•S 899 IS

1 ‘‘(A) The purchase, lease, maintenance,

2 and operation of passenger motor vehicles, or

3 police-type motor vehicles for law enforcement

4 purposes, without regard to general purchase

5 price limitation for the then current fiscal year.

6 ‘‘(B) The purchase of insurance for motor

7 vehicles, boats, and aircraft operated in official

8 Government business in foreign countries.

9 ‘‘(C) Services of experts and consultants,

10 including private counsel, as authorized by sec11 tion 3109 of title 5, and at rates of pay for in12 dividuals not to exceed the maximum daily rate

13 payable from time to time under section 5332

14 of title 5.

15 ‘‘(D) Official receptions and representation

16 expenses (i.e., official expenses of a social na17 ture intended in whole or in predominant part

18 to promote goodwill toward the Department or

19 its missions; not including expenses of tours,

20 open to the public, of departmental facilities),

21 in accordance with distributions, procedures,

22 and regulations established or issued by the At23 torney General.

24 ‘‘(E) Unforeseen emergencies of a con25 fidential character, to be expended under the di-
873

•S 899 IS

1 rection of the Attorney General and accounted

2 for solely on the certificate of the Attorney Gen3 eral.

4 ‘‘(F) Miscellaneous and emergency ex5 penses authorized or approved by the Attorney

6 General, the Deputy Attorney General, the As7 sociate Attorney General, or the Assistant At8 torney General for Administration.

9 ‘‘(G) In accordance with procedures estab10 lished and regulations issued by the Attorney

11 General—

12 ‘‘(i) attendance at meetings and semi13 nars;

14 ‘‘(ii) conferences and training; and

15 ‘‘(iii) advances of public moneys under

16 section 3324 of title 31: provided, That

17 travel advances of such moneys to law en18 forcement personnel engaged in undercover

19 activity shall be considered to be public

20 money for purposes of section 3527 of title

21 31.

22 ‘‘(H) For the conduct of its activities, in23 cluding for contracting with individuals for per24 sonal services abroad, except that such individ25 uals shall not be regarded as employees of the
874

•S 899 IS

1 United States for the purpose of any law ad2 ministered by the Office of Personnel Manage3 ment.

4 ‘‘(I) Payment of interpreters and trans5 lators who are not citizens of the United States,

6 in accordance with procedures established and

7 regulations issued by the Attorney General.

8 ‘‘(J) For the payment of rewards, for the

9 purchase of evidence, and for payment for in10 formation in connection with law enforcement.

11 ‘‘(K) For expenses or allowances for uni12 forms as authorized by section 5901 of title 5

13 but without regard to the general purchase

14 price limitation for the then current fiscal year.

15 ‘‘(L)(i) With respect to dependents of em16 ployees of the Department of Justice stationed

17 outside the continental United States, expenses

18 of—

19 ‘‘(I) primary and secondary schooling

20 for such dependents, at a cost not to ex21 ceed that authorized by the Department of

22 Defense for the same area, upon a deter23 mination by the Attorney General that

24 schools serving the locality are unable to

25 provide adequately for their education;
875

•S 899 IS

1 ‘‘(II) transportation of such depend2 ents between their places of residence and

3 the primary and secondary schools serving

4 the locality that they normally would at5 tend, upon a determination by the Attor6 ney General that such schools are not ac7 cessible by adequate public means of trans8 portation; and

9 ‘‘(III) transitional and other language

10 and cultural training or education for such

11 dependents, upon a determination by the

12 Attorney General that training or edu13 cation are necessary for employee welfare

14 and adequate nondepartmental facilities

15 are unavailable;

16 ‘‘(ii) All expenses under clause (i) shall be

17 treated as payments under section 5924(4) of

18 title 5 for purposes of calculating other Federal

19 benefits, entitlements, and taxes.

20 ‘‘(M) Health care program expenses for,

21 and travel and related expenses of, employees of

22 the Department of Justice serving abroad and

23 their families, to be payable in the same man24 ner as applicable to the members of the Foreign

25 Service and their families under sections 904
876

•S 899 IS

1 and 901 of the Foreign Service Act of 1980 (22

2 U.S.C. 4084, 4081) and the regulations issued

3 by the Secretary of State.

4 ‘‘(2) SPECIFIC PERMITTED USES.—

5 ‘‘(A) AIRCRAFT AND BOATS.—Funds avail6 able for United States Attorneys, for the Fed7 eral Bureau of Investigation, for the United

8 States Marshals Service, for the Drug Enforce9 ment Administration, and for the Immigration

10 and Naturalization Service may be used for the

11 purchase, lease, maintenance, and operation of

12 aircraft and boats, for law enforcement pur13 poses.

14 ‘‘(B) PURCHASE OF AMMUNITION AND

15 FIREARMS; FIREARMS COMPETITIONS.—Funds

16 available for United States Attorneys, for the

17 Federal Bureau of Investigation, for the United

18 States Marshals Service, for the Drug Enforce19 ment Administration, for the Federal Prison

20 System, for the Office of the Inspector General,

21 and for the Immigration and Naturalization

22 Service may be used for—

23 ‘‘(i) the purchase of ammunition and

24 firearms; and
877

•S 899 IS

1 ‘‘(ii) participation in firearms com2 petitions.

3 ‘‘(C) CONSTRUCTION.—

4 ‘‘(i) IN GENERAL.—Funds available

5 for construction may be used for expenses

6 of planning, designing, acquiring, building,

7 constructing, renovating, converting, ex8 panding, extending, remodeling, equipping,

9 repairing, or maintaining buildings or fa10 cilities, including the expenses of acquisi11 tion of sites for the buildings and facilities,

12 and all necessary expenses incident or re13 lated thereto.

14 ‘‘(ii) INTENT.—It is not the intent of

15 clause (i) that funds generally available for

16 salaries and expenses are not also available

17 for certain construction, remodeling, main18 tenance, and other related construction

19 costs.

20 ‘‘(3) SUBSISTENCE AND MEDICAL EXPENSES OF

21 PERSONS IN THE CUSTODY OF THE UNITED STATES

22 MARSHALS SERVICE.—

23 ‘‘(A) IN GENERAL.—Funds available for

24 Federal Prisoner Detention may be used to ac25 quire subsistence and medical care for persons
878

•S 899 IS

1 in the custody of the United States Marshals

2 Service at fair and reasonable prices.

3 ‘‘(B) COSTS.—Without specific authoriza4 tion from the Attorney General, the expenses

5 incurred in the provision of such care shall not

6 exceed the costs and expenses charged in the

7 provision of similar health care services paid

8 pursuant to the medicare program under title

9 XVIII of the Social Security Act or the med10 icaid program under title XIX of such Act.

11 ‘‘(4) FEES AND EXPENSES OF WITNESSES.—

12 Funds available for Fees and Expenses of Witnesses

13 may be used for expenses, mileage, compensation,

14 and per diem in lieu of subsistence, of witnesses (in15 cluding, without limitation, advances of public

16 money) as authorized by section 1821 or other law,

17 but no witness may be paid more than 1 attendance

18 fee for any 1 calendar day.

19 ‘‘(5) FEDERAL BUREAU OF INVESTIGATION.—

20 ‘‘(A) IN GENERAL.—The Federal Bureau

21 of Investigation may establish and collect fees

22 to process fingerprint identification records and

23 name checks for noncriminal justice, nonlaw en24 forcement employment and licensing purposes,
879

•S 899 IS

1 and for certain employees of private sector con2 tractors with classified government contracts.

3 ‘‘(B) CREDITING.—Fees collected under

4 subparagraph (A) shall be credited to the Sala5 ries and Expenses, Federal Bureau of Inves6 tigation, appropriation, without regard to sec7 tion 3302(b) of title 31 and, to the extent speci8 fied in appropriations Acts, shall be available

9 until expended for salaries and other expenses

10 incurred in processing such records.

11 ‘‘(C) LIMITATION.—No fee shall be as12 sessed in connection with the processing of re13 quests for criminal history records by criminal

14 justice agencies for criminal justice purposes or

15 for employment in criminal justice agencies or

16 in connection with a background check under

17 section 922(t) of title 18.

18 ‘‘(6) IMMIGRATION AND NATURALIZATION

19 SERVICE.—Funds available for the Immigration and

20 Naturalization Service may be used for—

21 ‘‘(A) acquisition of land as sites for en22 forcement fences, and construction incidental to

23 such fences;

24 ‘‘(B) cash advances to aliens for meals and

25 lodging en route;
880

•S 899 IS

1 ‘‘(C) refunds of maintenance bills, immi2 gration fines, and other items properly return3 able, except deposits of aliens who become pub4 lic charges and deposits to secure payment of

5 fines and passage money; and

6 ‘‘(D) expenses and allowances incurred in

7 tracking lost persons, as required by public ex8 igencies, in aid of State or local law enforce9 ment agencies.

10 ‘‘(7) FEDERAL PRISON SYSTEM.—Funds avail11 able for the Federal prison system may be used

12 for—

13 ‘‘(A) inmate medical services and inmate

14 legal services, within the Federal Prison Sys15 tem;

16 ‘‘(B) the purchase and exchange of farm

17 products and livestock;

18 ‘‘(C) the acquisition of land as authorized

19 by this section and section 4010 of title 18; and

20 ‘‘(D) the construction of buildings and fa21 cilities for penal and correctional institutions

22 (including, without limitation, prison camps), by

23 contract or force account, including, without

24 limitation, the payment of United States pris-
881

•S 899 IS

1 oners for their work performed in any such con2 struction.

3 ‘‘(b) RELATED PROVISIONS.—

4 ‘‘(1) LIMITATION OF COMPENSATION OF INDI5 VIDUALS EMPLOYED AS ATTORNEYS.—None of the

6 funds available to the Attorney General may be used

7 to pay compensation for services provided by an in8 dividual employed as an attorney (other than an in9 dividual employed to provide services as a foreign at10 torney in special cases) unless such individual is duly

11 licensed and authorized to practice as an attorney

12 under the law of a State, a territory of the United

13 States, or the District of Columbia.

14 ‘‘(2) REIMBURSEMENTS PAID TO GOVERN15 MENTAL ENTITIES.—Funds available to the Attor16 ney General that are paid as reimbursement to a

17 governmental unit of the Department of Justice, to

18 another Federal entity, or to a unit of State or local

19 government may be used under authorities available

20 to the unit or entity receiving such reimbursement.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 chapter 31 of title 28, United States Code, is amended

23 by adding at the end the following:

‘‘530C. Authority to use available funds.’’.
882

•S 899 IS

1 SEC. 8302. PERMANENT AUTHORITY RELATING TO EN2 FORCEMENT OF LAWS.

3 (a) IN GENERAL.—Chapter 31 of title 28, United

4 States Code (as amended by section 8301) is amended by

5 adding at the end the following:

6 ‘‘§ 530D. Report on enforcement of laws

7 ‘‘(a) REPORT.—

8 ‘‘(1) IN GENERAL.—The Attorney General shall

9 submit to Congress a report in any instance in

10 which the Attorney General or any other officer of

11 the Department of Justice—

12 ‘‘(A) establishes or adopts a policy to re13 frain from enforcing any provision of any Fed14 eral statute the enforcement or administration

15 of which is within the responsibility of the offi16 cer, because of the officer’s opinion (or that of

17 the President) that the provision is not con18 stitutional; or

19 ‘‘(B) determines to contest, or to refrain

20 from defending or asserting, in any judicial, ad21 ministrative, or other proceeding, any provision

22 of any Federal statute, or not to appeal any ju23 dicial, administrative, or other determination

24 affecting the constitutionality of any such provi25 sion, because of the officer’s opinion (or that of
883

•S 899 IS

1 the President) that the provision is not con2 stitutional.

3 ‘‘(2) SUBMISSION TO CONGRESS.—For the pur4 poses of paragraph (1), a report shall be considered

5 to be submitted to Congress if the report is sub6 mitted to—

7 ‘‘(A) the majority leader and minority

8 leader of the Senate;

9 ‘‘(B) the Speaker, majority leader, and mi10 nority leader of the House of Representatives;

11 ‘‘(C) the chairman and ranking minority

12 member of the committee in each House of

13 Congress having oversight jurisdiction over the

14 department, agency, or establishment in which

15 a policy described in subsection (a)(1) was es16 tablished or adopted, or a determination de17 scribed in subsection (a)(2) was made; and

18 ‘‘(D) the Senate Legal Counsel and the

19 General Counsel of the House of Representa20 tives.

21 ‘‘(b) DEADLINE.—A report under subsection (a) shall

22 be submitted within such time as will reasonably enable

23 each House of Congress to take action to intervene in

24 timely fashion in any proceeding specified in subsection

25 (a)(2), but in no event later than 30 days after the estab-
884

•S 899 IS

1 lishment or adoption of a policy described in subsection

2 (a)(1) or a determination described in subsection (a)(2).

3 ‘‘(c) CONTENTS.—A report under subsection (a)

4 shall—

5 ‘‘(1) specify the provision of the Federal statute

6 involved and the date of the establishment or adop7 tion of the policy described in subsection (a)(1) or

8 of the determination described in subsection (a)(2);

9 ‘‘(2) include a complete and detailed statement

10 of the reasons for the policy or determination; and

11 ‘‘(3) in the case of a determination described in

12 subsection (a)(2), indicate the nature, tribunal, iden13 tifying information, and status of the proceeding.

14 ‘‘(d) DECLARATION.—In the case of a determination

15 described in subsection (a)(2), the representative of the

16 United States participating in the proceeding shall make

17 a clear declaration in the proceeding that any opinion ex18 pressed as to the constitutionality of the provision involved

19 is the opinion of the executive branch of the Federal Gov20 ernment (or, as applicable, of the department, agency, or

21 establishment).

22 ‘‘(e) APPLICABILITY TO OTHER DEPARTMENT,

23 AGENCIES, AND ESTABLISHMENTS.—The reporting, dec24 laration, and other provisions of this section relating to

25 the Attorney General and other officers of the Department
885

•S 899 IS

1 of Justice shall apply to the head of any Federal depart2 ment, agency, or establishment authorized to conduct liti3 gation on behalf of the United States, and to the officers

4 of the department, agency, or establishment.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) The analysis for chapter 31 of title 28,

7 United States Code (as amended by section 301), is

8 amended by adding at the end the following:

‘‘530D. Report on enforcement of laws.’’.

9 (2) Public Law 95–521 (92 Stat. 1883) is

10 amended by striking subsection (b).

11 (3)(A) Not later than 180 days after the date

12 of enactment of this Act, the Attorney General (and

13 the head of each Federal department, agency, or es14 tablishment authorized to conduct litigation) shall

15 submit to Congress a report (in accordance with

16 subsections (a), (c), and (e) of section 530D of title

17 28, United States Code (as added by subsection

18 (a))), on—

19 (i) all policies described in subsection

20 (a)(1) of that section that were established or

21 adopted before that date of enactment and were

22 in effect on that date; and

23 (ii) all determinations described in sub24 section (a)(2) of that section that were made

25 before that date and were in effect on that date.
886

•S 899 IS

1 (B) If any of the determinations described in

2 subparagraph (A)(ii) relates to any judicial, adminis3 trative, or other proceeding that is pending on the

4 date specified in subparagraph (A), with respect to

5 any such determination the report required by this

6 paragraph shall be submitted within such time as

7 will reasonably enable each House to take action to

8 intervene in timely fashion in the proceeding, but in

9 no event later than 30 days after that date.

10 SEC. 8303. NOTIFICATIONS ON USE OF FUNDS.

11 During any fiscal year for which appropriations are

12 authorized by this Act (either directly, through incorpora13 tion by reference, or otherwise), any reprogramming or

14 transfer notice required by the terms of the applicable ap15 propriations Act to be given to any Appropriations Com16 mittee of either House of Congress shall also be required

17 to be given, under the same terms, to the Committee on

18 the Judiciary of each House of Congress.

19 SEC. 8304. MISCELLANEOUS USE PROVISIONS.

20 (a) The Economic Opportunities Act of 1964 (Public

21 Law 88–452) is amended in section 1006 by replacing

22 ‘‘referendums’’ with ‘‘referenda, or any legislation’’ in

23 paragraph (d)(4) and by inserting ‘‘upon prior identifica24 tion, by name, of each class member, and ’’ after ‘‘except’’
887

•S 899 IS

1 in paragraph (d)(5), and in section 1002, by adding at

2 the end the following:

3 ‘‘(9) ‘political activity’ includes any activity de4 signed or intended to contest or challenge before any

5 tribunal the constitutionality of any statute or regu6 lation.’’.

7 (b) Section 510 of title I of the Omnibus Crime Con8 trol and Safe Streets Act of 1968 (Public Law 90–351)

9 is amended by adding at the end the following:

10 ‘‘(d) NONGOVERNMENTAL ENTITIES.—No grants or

11 contracts under subsection (b) may be made, entered into,

12 or used, directly or indirectly, to provide security enhance13 ments or equipment to any nongovernmental entity.’’.

14 (c) Section 1913 of title 18, United States Code, is

15 amended by adding ‘‘or any other legislative body’’ after

16 ‘‘Congress’’ the third and sixth time it appears, by striking

17 ‘‘by Congress’’ the second time it appears, by replacing

18 ‘‘appropriation;’’ with ‘‘appropriation, or intended or de19 signed in any manner to influence, favor, or oppose any

20 ballot measure, initiative, or referendum, whether before

21 or after the same may be put on the ballot;’’, and by re22 placing ‘‘Member of Congress’’ with ‘‘such Members’’.

23 (d) Title 5 of section 101(b) of division A of the Om24 nibus Consolidated and Emergency Supplemental Appro25 priations Act, 1999 (Public Law 105–277, 112 Stat.
888

•S 899 IS

1 2681–107) is amended in the matter immediately under

2 thirteenth heading by inserting ‘‘or any future’’ after ‘‘in

3 this’’ both times it appears, and by replacing ‘‘to 1998

4 and 1999’’ with ‘‘, in any given fiscal year, to the last

5 fiscal year and the current fiscal year’’.

6 SEC. 8305. TECHNICAL AMENDMENT; AUTHORITY TO

7 TRANSFER PROPERTY OF MARGINAL VALUE.

8 Section 524 of title 28, United States Code, is

9 amended—

10 (1) in subsection (b)(5), by inserting a comma

11 after ‘‘Fund’’ the second place it appears; and

12 (2) in subsection (c)(9)(B)—

13 (A) by striking ‘‘year 1997’’ and inserting

14 ‘‘years 1999 and 2000’’; and

15 (B) by adding at the end the following:

16 ‘‘Such a transfer shall be subject to satisfaction

17 by the recipient involved of any outstanding lien

18 against the property transferred.’’.

19 SEC. 8306. PROTECTION OF THE ATTORNEY GENERAL.

20 Section 533(2) of title 28, United States Code, is

21 amended by inserting ‘‘or the person of the Attorney Gen22 eral’’ before the semicolon at the end.

23 SEC. 8307. EXTENDED ASSIGNMENT ALLOWANCE.

24 (a) IN GENERAL.—Effective with the enactment of

25 this Act and in any fiscal year that begins after the date
889

•S 899 IS

1 of enactment of that Act, in compliance with policies es2 tablished or regulations issued by the Attorney General

3 and the Secretary of the Treasury for their respective

4 agencies, the Department of Justice and the Department

5 of the Treasury, respectively, may pay an extended assign6 ment allowance or bonus to any individual assigned to a

7 permanent position located in the Commonwealth of Puer8 to Rico, the Commonwealth of the Northern Mariana Is9 lands, or the territories and possessions of the United

10 States, when the Attorney General or the Secretary of the

11 Treasury, as to his respective agency, determines that the

12 position is difficult to fill and that it is in the interests

13 of the pertinent Department to encourage an incumbent

14 employee to remain in his position.

15 (b) LIMITATION.—In any calendar year, no allowance

16 or bonus under subsection (a) may exceed $25,000 or 25

17 percent of an employee’s basic pay, whichever is greater.

18 (c) DISCRETIONARY ACTION.—The amount of any al19 lowance or bonus to be offered under subsection (a),

20 whether to offer an allowance or bonus, and whether to

21 offer payment in the form of an allowance or a bonus shall

22 be solely within the discretion of the Attorney General or

23 the Secretary of the Treasury, as appropriate, and shall

24 not be reviewable or subject to appeal in or before any

25 court or other tribunal.
890

•S 899 IS

1 (d) DECISION NOT TO OFFER.—A decision not to

2 offer an employee an allowance or bonus shall not con3 stitute an adverse action and shall not be reviewable or

4 subject to appeal in or before any court or other tribunal.

5 (e) NOT PART OF PAY.—An allowance or bonus

6 under subsection (a) shall not be considered to be a part

7 of the pay or basic pay of an employee in the calculation

8 of any entitlement or benefit (including but not limited

9 to overtime, retirement, and lump-sum leave payments),

10 but shall be considered a bonus under section 5307(a)(1)

11 of title 5, United States Code, for purposes of applying

12 the limitation on aggregate payments.

13 SEC. 8308. LIMITATION ON USE OF FUNDS.

14 a) IN GENERAL.—No funds available to the Attorney

15 General in any fiscal year shall be used to require any

16 person to perform, or facilitate in any way the perform17 ance of, any abortion.

18 (b) ESCORT SERVICES.—Nothing in this section shall

19 be construed to forbid the use of such funds for the provi20 sion of escort services necessary for a female inmate in

21 a Bureau of Prisons facility to obtain an abortion outside

22 the facility.
891

•S 899 IS

1 Subtitle D—Miscellaneous

2 SEC. 8401. REPEALERS.

3 (a) OPEN-ENDED AUTHORIZATION OF APPROPRIA4 TIONS FOR NATIONAL INSTITUTE OF CORRECTIONS.—

5 Chapter 319 of title 18, United States Code, is amended—

6 (1) by striking section 4353; and

7 (2) in the analysis for the chapter, by striking

8 the item relating to section 4353.

9 (b) OPEN-ENDED AUTHORIZATION OF APPROPRIA10 TIONS FOR UNITED STATES MARSHALS SERVICE.—Sec11 tion 561 of title 28, United States Code, is amended by

12 striking subsection (i).

13 SEC. 8402. TECHNICAL AMENDMENT.

14 (a) Section 4013 of title 18, United States Code, is

15 amended—

16 (1) in subsection (a)—

17 (A) by striking ‘‘the support of United

18 States prisoners’’ and inserting ‘‘Federal pris19 oner detention’’;

20 (B) in paragraph (2), by adding ‘‘and’’

21 after ‘‘hire;’’;

22 (C) in paragraph (3), by striking ‘‘entities;

23 and’’ and inserting ‘‘entities.’’; and

24 (D) in paragraph (4), by inserting ‘‘The

25 Attorney General, in support of United States
892

•S 899 IS

1 prisoners in non-Federal institutions, is author2 ized to make payments, from funds appro3 priated for State and local law enforcement as4 sistance, for’’ before ‘‘entering’’; and

5 (2) by redesignating—

6 (A) subsection (b) as subsection (c);

7 (B) subsection (a)(4) as subsection (b);

8 and

9 (C) subparagraphs (A), (B), and (C) of

10 subsection (a)(4) as paragraphs (1), (2), and

11 (3) of subsection (b).

12 (b) Section 209(a) of title 18, United States Code,

13 is amended by adding a comma after ‘‘supplements’’.

14 (c) Section 535 of title 28, United States Code, is

15 amended—

16 (1) in subsection (a), by inserting ‘‘, other than

17 chapter 40;’’ after ‘‘law’’;

18 (2) in subsections (a) and (b), by replacing

19 ‘‘title 18’’ with ‘‘Federal criminal law’’;

20 (3) in subsection (b), by replacing ‘‘or com21 plaint’’ with ‘‘matter, or complaint witnessed, discov22 ered, or’’ and by inserting ‘‘or the witness, discov23 erer, or recipient, as appropriate,’’ after ‘‘agency,’’;

24 and
893

•S 899 IS

1 (4) in subsection (b)(1), by inserting ‘‘, in

2 which event the report shall be made to such respon3 sible party’’ after ‘‘law’’.

4 SEC. 8403. RULE OF CONSTRUCTION.

5 Nothing in this title or the amendments made by this

6 title modifies or supersedes the application or operation

7 of the Public Buildings Act of 1959 (40 U.S.C. 601 et

8 seq.).

9 SEC. 8404. COUNTERTERRORISM FUND AMENDMENTS.

10 (a) COUNTERTERRORISM FUND.—The matter under

11 the heading ‘‘COUNTERTERRORISM FUND’’ in chapter I of

12 title III of Public Law 104–19 (109 Stat. 249; 28 U.S.C.

13 524 note) is amended to read as follows:

14 ‘‘(a) ESTABLISHMENT.—There is established in the

15 Treasury of the United States a separate fund to be

16 known as the ‘Counterterrorism Fund’, amounts in which

17 shall remain available without fiscal year limitation.

18 ‘‘(b) USE.—Amounts in the Counterterrorism Fund

19 shall be used—

20 ‘‘(1) to reimburse any Department of Justice

21 component for costs incurred in connection with—

22 (A) reestablishing the operational capa23 bility of an office or facility that has been dam24 aged or destroyed as the result of any domestic

25 or international terrorism event;
894

•S 899 IS

1 (B) engaging in, or providing support to,

2 countering, investigating, or prosecuting domes3 tic or international terrorism, including, without

4 limitation, paying rewards in connection with

5 these activities; and

6 (C) conducting terrorism threat assess7 ments of Federal agencies and the facilities of

8 Federal agencies; and

9 ‘‘(2) to reimburse departments and agencies of

10 the Federal Government for any costs incurred in

11 connection with—

12 ‘‘(A) counterterrorism technology research

13 and development; and

14 ‘‘(B) providing training and related equip15 ment to State and local law enforcement agen16 cies for prevention and response capabilities

17 against bombs and against chemical, biological,

18 nuclear, and cyber attack.

19 ‘‘(c) REPROGRAMMING PROCEDURES.—For any fiscal

20 year, amounts in the Fund shall not be available for reim21 bursement under subsection (b)(1) except in accordance

22 with the reprogramming procedures applicable to general

23 Department of Justice appropriations for that year.’’.

24 (b) NO EFFECT ON PRIOR APPROPRIATIONS.—The

25 amendment made by subsection (a) does not affect the
895

•S 899 IS

1 amount or availability of any appropriation to the

2 Counterterrorism Fund made before the date of enact3 ment of this Act.

4 SEC. 8405. USE OF GOVERNMENT VEHICLES.

5 (a) IN GENERAL.—Section 4(a) of the Act of May

6 14, 1947 (61 Stat. 86) is amended in the second

7 sentence—

8 (1) by striking ‘‘the use of the employer’s vehi9 cle is subject’’ and inserting ‘‘the use (including

10 driving) of the employer’s vehicle either is subject’’;

11 and

12 (2) by striking the period at the end and insert13 ing ‘‘ or, notwithstanding subsection (b), is required

14 or permitted by the employer under section 1344 of

15 title 31.’’.

16 (b) EFFECTIVE DATE; APPLICABILITY.—The amend17 ment made by subsection (a)—

18 (1) takes effect on the date of enactment of this

19 Act; and

20 (2) shall apply to any civil action pending on

21 that date and to any civil action brought after that

22 date.
896

•S 899 IS

1 SEC. 8406. CLARIFICATION OF LITIGATION AUTHORITY OF

2 ATTORNEY GENERAL.

3 Section 107(e) of Public Law 103–3 (107 Stat. 17)

4 is amended by striking ‘‘The’’ and inserting ‘‘With the ex5 press permission of and under the direction and authority

6 of the Attorney General, the’’.

7 SEC. 8407. OVERSIGHT; WASTE, FRAUD, AND ABUSE.

8 (a) Not later than February 1 of each year, the Attor9 ney General shall provide to the Judiciary and Appropria10 tions Committees of each House of the Congress—

11 (1) a report identifying and describing every

12 grant, cooperative agreement, or services contract

13 that was made, entered into, awarded, or extended,

14 in the immediately preceding fiscal year, by the Of15 fice of Justice Programs (including, without limita16 tion, any component or unit thereof), and including,

17 without limitation, for each such grant, agreement,

18 or contract: the term, the dollar amount or value,

19 the purpose or purposes, the names of all parties

20 (including, without limitation, any subgrantees or

21 subcontractors), and the name of the contracting of22 ficer; and

23 (2) a performance review of every grant, coop24 erative agreement, or services contract made, en25 tered into, awarded, or extended by the Office of

26 Justice Programs (including, without limitation, any
897

•S 899 IS

1 component or unit thereof) that was terminated or

2 otherwise ended in the immediately preceding fiscal

3 year, and including, without limitation, for each such

4 grant, agreement, or contract: a complete and de5 tailed description of how the appropriated funds in6 volved actually were spent, complete and detailed

7 statistics relating to its performance, purpose or

8 purposes, and effectiveness, and a sworn certificate

9 by each grantee, contractor, subcontractor, or sub10 grantee that—

11 (A) the appropriated funds were spent for

12 such purpose or purposes, and only such pur13 pose or purposes;

14 (B) the terms of the grant, agreement, or

15 contract were complied with; and

16 (C) all documentation necessary for con17 ducting a full and proper audit under generally

18 accepted accounting principles, and any (addi19 tional) documentation that may have been re20 quired under the grant, agreement, or contract,

21 have been kept in orderly fashion and will be

22 retained for not less than 3 years from the date

23 of such termination or end.
898

•S 899 IS

1 (b) Section 1005 of the Legal Services Corporation

2 Act (Public Law 93–355) is amended by adding at the

3 end the following:

4 ‘‘(h) WASTE, FRAUD, AND ABUSE.—With respect to

5 any appropriated funds available to the Corporation—

6 ‘‘(1) for purposes of sections 286, 287, 666,

7 1001, 1002, and 1913 of title 18, United States

8 Code, the Corporation shall be considered to be a de9 partment or agency of the United States Govern10 ment;

11 ‘‘(2) for purposes of sections 3729 through

12 3733 of title 31, United States Code, the term

13 ‘United States Government’ shall include, without

14 limitation, the Corporation;

15 ‘‘(3) applicants for financial assistance from the

16 Corporation shall file applications supported by writ17 ten declarations pursuant to section 1746 of title 28,

18 United States Code, and such declarations shall be

19 subject to sections 1621 and 1622 of title 18 of such

20 Code;

21 ‘‘(4) for purposes of section 1516 of title 18,

22 United States Code—

23 ‘‘(A) the term ‘Federal auditor’ shall in24 clude, without limitation, any auditor employed
899

•S 899 IS

1 or retained on a contractual basis by the Cor2 poration;

3 ‘‘(B) the term ‘contract’ shall include,

4 without limitation, any grant, contract, or coop5 erative agreement made by the Corporation;

6 and

7 ‘‘(C) the term ‘person’, as used in sub8 section (a) of such section, shall include, with9 out limitation, any party receiving financial as10 sistance under paragraphs 1006(a) (1) or (3) of

11 this Act; and

12 ‘‘(5) funds provided by the Corporation pursu13 ant to section 1006 of this Act shall be deemed to

14 be Federal appropriations when used or in use by

15 any contractor, grantee, subcontractor, or sub16 grantee of the Corporation, and shall be deemed to

17 be benefits under a Federal program involving a

18 grant, contract, subsidy, loan, guarantee, insurance,

19 or other form of Federal assistance within the mean20 ing of section 666 of title 18, United States Code.

21 ‘‘(i) AUDITS.—The Comptroller General annually

22 shall conduct an audit of the Corporation and shall, not

23 later than December 1 of each year, report the results

24 thereof to the Congress and the Attorney General.’’.
900

•S 899 IS

1 SEC. 8408. CHIEF FINANCIAL OFFICER OF THE DEPART2 MENT OF JUSTICE.

3 (a) ASSISTANT ATTORNEY GENERAL AS CHIEF FI4 NANCIAL OFFICER.—Section 507 of title 28, United

5 States Code, is amended by adding at the end the fol6 lowing:

7 ‘‘(c) DEPARTMENT OF JUSTICE.—The Assistant At8 torney General for Administration shall be the Chief Fi9 nancial Officer for the Department of Justice and exercise

10 the authority and functions under section 902 of title 31

11 relating to that Department.’’.

12 (b) TERMINATION OF EXISTING CHIEF FINANCIAL

13 OFFICER.—Section 901(b)(1) of title 31, United States

14 Code, is amended—

15 (1) by striking subparagraph (I); and

16 (2) by redesignating subparagraphs (J) through

17 (P) as subparagraphs (I) through (O), respectively.

18 (c) EXECUTIVE LEVEL IV POSITION.—Section 5315

19 of title 5, United States Code, is amended by striking the

20 following:

21 ‘‘Chief Financial Officer, Department of Jus22 tice.’’.

23 (d) EFFECTIVE DATE.—This section shall take effect

24 30 days after the date of enactment of this Act.
901

•S 899 IS

1 TITLE IX—MISCELLANEOUS

2 SEC. 9101. CARRYING OF CONCEALED FIREARMS BY QUALI3 FIED CURRENT AND FORMER LAW ENFORCE4 MENT OFFICERS.

5 (a) EXEMPTION OF QUALIFIED CURRENT AND

6 FORMER LAW ENFORCEMENT OFFICERS FROM STATE

7 LAWS PROHIBITING THE CARRYING OF CONCEALED

8 FIREARMS.—

9 (1) IN GENERAL.—Chapter 44 of title 18,

10 United States Code, is amended by inserting after

11 section 926A the following:

12 ‘‘§ 926B. Carrying of concealed firearms by qualified

13 current and former law enforcement offi14 cers

15 ‘‘(a) DEFINITIONS.—

16 ‘‘(1) DEFINITIONS.—In this section:

17 ‘‘(A) APPROPRIATE WRITTEN IDENTIFICA18 TION.—The term ‘appropriate written identi19 fication’ means, with respect to an individual, a

20 document that—

21 ‘‘(i) was issued to the individual by

22 the public agency with which the individual

23 serves or served as a qualified law enforce24 ment officer; and
902

•S 899 IS

1 ‘‘(ii) identifies the holder of the docu2 ment as a current or former officer, agent,

3 or employee of the agency.

4 ‘‘(B) FIREARM.—The term ‘firearm’

5 means a firearm that has traveled, or of which

6 any component has traveled, in interstate or

7 foreign commerce.

8 ‘‘(C) QUALIFIED FORMER LAW ENFORCE9 MENT OFFICER.—The term ‘qualified former

10 law enforcement officer’ means an individual

11 who is—

12 ‘‘(i) retired from service with a public

13 agency, other than for reasons of mental

14 disability;

15 ‘‘(ii) immediately before retirement,

16 was a qualified law enforcement officer

17 with that public agency;

18 ‘‘(iii) has a nonforfeitable right to

19 benefits under the retirement plan of the

20 agency;

21 ‘‘(iv) was not separated from service

22 with a public agency due to a disciplinary

23 action by the agency that precluded the

24 carrying of a firearm;
903

•S 899 IS

1 ‘‘(v) meets the requirements estab2 lished by the State in which the individual

3 resides with respect to—

4 ‘‘(I) training in the use of fire5 arms; and

6 ‘‘(II) carrying a concealed weap7 on; and

8 ‘‘(vi) is not prohibited by Federal law

9 from receiving a firearm.

10 ‘‘(D) QUALIFIED LAW ENFORCEMENT OF11 FICER.—The term ‘qualified law enforcement

12 officer’ means an individual who—

13 ‘‘(i) is authorized by law to engage in

14 or supervise the prevention, detection, or

15 investigation of any violation of criminal

16 law;

17 ‘‘(ii) is authorized by the agency to

18 carry a firearm in the course of duty;

19 ‘‘(iii) meets any requirements estab20 lished by the agency with respect to fire21 arms; and

22 ‘‘(iv) is not the subject of a discipli23 nary action by the agency that precludes

24 the carrying of a firearm.
904

•S 899 IS

1 ‘‘(b) RIGHT TO CARRY CONCEALED FIREARM.—Not2 withstanding any provision of the law of any State or any

3 political subdivision of a State, an individual may carry

4 a concealed firearm if the individual—

5 ‘‘(1) is a qualified law enforcement officer or a

6 qualified former law enforcement officer; and

7 ‘‘(2) is carrying appropriate written identifica8 tion.

9 ‘‘(c) EFFECT ON OTHER LAWS.—

10 ‘‘(1) COMMON CARRIERS.—Nothing in this sec11 tion exempts from section 46505(b)(1) of title 49—

12 ‘‘(A) a qualified law enforcement officer

13 who does not meet the requirements of section

14 46505(d) of title 49; or

15 ‘‘(B) a qualified former law enforcement

16 officer.

17 ‘‘(2) FEDERAL LAWS.—Nothing in this section

18 supersedes or limits any Federal law (including a

19 regulation) that prohibits or restricts the possession

20 of a firearm on any Federal property, installation,

21 building, base, or park.

22 ‘‘(3) STATE LAWS.—Nothing in this section su23 persedes or limits any State law that—
905

•S 899 IS

1 ‘‘(A) grants a right to carry a concealed

2 firearm that is broader than the right granted

3 under subsection (b);

4 ‘‘(B) permits a private person or entity to

5 prohibit or restrict the possession of concealed

6 firearms on the property of the person or enti7 ty; or

8 ‘‘(C) prohibits or restricts the possession of

9 a firearm on any State or local government

10 property, installation, building, base, or park.’’.

11 (2) CONFORMING AMENDMENT.—The analysis

12 for chapter 44 of title 18, United States Code, is

13 amended by inserting after the item relating to sec14 tion 926A the following:

‘‘926B. Carrying of concealed firearms by qualified current and former law enforcement officers.’’.

15 (b) AUTHORIZATION TO ENTER INTO INTERSTATE

16 COMPACTS.—

17 (1) IN GENERAL.—The consent of Congress is

18 given to any 2 or more States—

19 (A) to enter into compacts or agreements

20 for cooperative effort in enabling individuals to

21 carry concealed weapons as dictated by laws of

22 the State within which the owner of the weapon

23 resides and is authorized to carry a concealed

24 weapon; and
906

•S 899 IS

1 (B) to establish agencies or guidelines as

2 the States may determine to be appropriate for

3 making effective such agreements and com4 pacts.

5 (2) RESERVATION OF RIGHTS.—Congress re6 serves the right to alter, amend, or repeal this sec7 tion.

8 SEC. 9102. EXEMPTION OF THE RETURN OF A PAWNED OR

9 REPAIRED FIREARM FROM THE REQUIRE10 MENT THAT AN INSTANT CRIMINAL BACK11 GROUND CHECK BE CONDUCTED IN CONNEC12 TION WITH THE TRANSFER OF A FIREARM.

13 Section 922(t)(1) of title 18, United States Code, is

14 amended by inserting ‘‘(not including returning a firearm

15 to a person from whom the firearm was received)’’ before

16 ‘‘to any other person’’.

17 SEC. 9103. FUNDING OF NATIONAL CENTER FOR RURAL

18 LAW ENFORCEMENT.

19 (a) FUNDING AUTHORITY.—The Attorney General

20 shall annually provide funding for the National Center for

21 Rural Law Enforcement (referred to in this section as the

22 ‘‘Center’’), if the executive director of the Center certifies,

23 in writing, to the Attorney General that the Center—

24 (1) is incorporated in accordance with applica25 ble State law;
907

•S 899 IS

1 (2) is in compliance with the bylaws of the Cen2 ter;

3 (3) will use amounts made available under this

4 section in accordance with subsection (b); and

5 (4) will not support any political party or can6 didate for elective or appointed office.

7 (b) USE OF FUNDS.—

8 (1) IN GENERAL.—The Center shall use

9 amounts made available under this section for devel10 opment of an educational program for law enforce11 ment agencies serving rural areas, and the employ12 ees of those agencies, which shall include—

13 (A) the development and delivery of man14 agement education and training, technical as15 sistance, practical research and evaluation, and

16 computer and forensic education and training

17 for employees of law enforcement agencies serv18 ing rural areas, tribal police and railroad police,

19 including supervisory and executive managers of

20 those agencies;

21 (B) the conduct of research into the causes

22 and prevention of criminal activity in rural

23 areas;

24 (C) equitable educational opportunities;
908

•S 899 IS

1 (D) the development, promotion, and vol2 untary adoption of national educational and

3 training standards and accreditation certifi4 cation programs for law enforcement agencies

5 serving rural areas and the employees of those

6 agencies;

7 (E) the development and dissemination of

8 information designed to assist States and units

9 of local government in rural areas throughout

10 the United States;

11 (F) grants to, and contracts with, Federal,

12 State, and local governments, law enforcement

13 agencies serving rural areas, public and private

14 agencies, educational institutions, and other or15 ganizations and individuals to carry out this

16 subsection;

17 (G) the establishment and maintenance of

18 a resource and information center for the collec19 tion, preparation, and dissemination of informa20 tion on criminal justice and law enforcement in

21 rural areas, including programs for the preven22 tion of crime and recidivism;

23 (H) the delivery of assistance, in a consult24 ative capacity, to criminal justice agencies in

25 the development, establishment, maintenance,
909

•S 899 IS

1 and coordination of programs, facilities and

2 services, training, and research relating to

3 crime in rural areas;

4 (I) assistance to Federal, State, and local

5 government programs and services for law en6 forcement agencies in rural areas;

7 (J) the development of technical education

8 and training teams to aid in the development of

9 seminars, workshops, and education and train10 ing programs with State and local agencies that

11 work with law enforcement agencies serving

12 rural areas;

13 (K) conducting, encouraging, and coordi14 nating research relating to law enforcement and

15 criminal justice issues, including the causes, as16 sessment, evaluation, analysis, and prevention

17 of criminal activity;

18 (L) the formulation and recommendation

19 of law enforcement policies, goals, and stand20 ards in rural areas applicable to criminal justice

21 agencies, organizations, institutions, and per22 sonnel; and

23 (M) coordination with institutions of high24 er education for the purpose of encouraging
910

•S 899 IS

1 programs of study for law enforcement in rural

2 areas at those institutions.

3 (c) POWERS.—In carrying out subsection (b), the

4 Center may—

5 (1) apply for and make grants from or to and

6 enter into contracts or cooperative agreements with

7 Federal, State, and local governments, public or pri8 vate institutions, organizations, entities, and individ9 uals necessary or convenient to the exercise of the

10 functions or powers conferred explicitly or implicitly

11 by this section;

12 (2) arrange, as permitted by law, for the loan,

13 assistance, or use of facilities or equipment or per14 sonnel from Federal agencies, departments, or other

15 entities on a reimbursable or nonreimbursable basis;

16 and

17 (3) procure the services of experts and consult18 ants in a manner similar to section 3109 of title 5,

19 United States Code, at rates of compensation estab20 lished by the board of directors of the Center, not

21 to exceed the daily equivalent of the maximum rate

22 of pay payable for a position at level IV of the Exec23 utive Schedule under section 5315 of title 5, United

24 States Code.
911

•S 899 IS

1 (d) SELECTION AND TRANSFER OF SURPLUS PROP2 ERTY.—For purposes of the selection and transfer of sur3 plus property under section 203(j) of the Federal Property

4 and Administrative Services Act of 1949 (40 U.S.C.

5 484(j)), the Center shall be treated as a State agency (as

6 designated under State law in accordance with section

7 203(j)(1) of that Act).

8 (e) REIMBURSEMENT OF TRAVEL COST.—For pur9 poses of official travel, costs shall be reimbursed in accord10 ance with part 300–1 of title 41, Code of Federal Regula11 tions (or any successor regulation) and other statutory re12 quirements and executive policy applicable for travel by

13 Federal civilian employees and other persons authorized

14 to travel at Government expense.

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this

17 section—

18 (1) $22,000,000 for fiscal year 2000; and

19 (2) such sums as are necessary for fiscal years

20 2001 through 2005.

21 SEC. 9104. CENTER FOR DOMESTIC PREPAREDNESS FOR

22 ACTS OF TERRORISM.

23 (a)(1) IN GENERAL.—The Attorney General shall,

24 subject to the availability of appropriations, fund the De25 partment of Justice Center for Domestic Preparedness.
912

•S 899 IS

1 (2) PURPOSES.—Funds provided pursuant to this

2 section shall be for the following purposes:

3 (A) the development, delivery, and sustainment

4 of domestic preparedness training programs for

5 State and local first responders;

6 (B) the acquisition of facilities and equipping

7 for necessary training and support operations;

8 (C) the establishment of a seaport first re9 sponder training facility; and

10 (D) necessary administrative expenses.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated $33,000,000 for each

13 of fiscal years 2000 through 2004 to carry out subsection

14 (a).

Æ